Book Two

CRIMES AND PENALTIES

Title One
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
Crimes against national security.
The crimes agains t national security are:
1. Treason. (Art. 114)
2. Conspiracy and proposal to commit treason. (Art. 115)
3. Misprision of treason. (Art. 116)
4. Espionage. (Art. 117)
Crimes against the law of nations.
The crimes against t h e law of n a t i o n s are:
1. Inciting to war or g i v i n g motives for reprisals. (Art. 118)
2. Violation of neutrality. (Art. 119)
3. Correspondence w i t h hostile country. (Art. 120)
4. Flight to enemy's country. (Art. 121)
5. Piracy in general and mutiny on the high seas or in
Philippine waters. (Art. 122)

Chapter One
CRIMES AGAINST NATIONAL SECURITY
Section One. — Treason and espionage

Article 114. Treason.

Art. 115. Conspiracy and proposal to commit treason 4

Art. 116. Misprision of treason.

Art. 117. Espionage

Other acts of espionage are punished by Com. Act No. 616.

OUTLINE OF COMMONWEALTH ACT NO. 616
An Act t o P u n i s h Espionage a n d Other Offenses
Against National S e c u r i ty

Section Two. — Provoking war and disloyalty

in case of war

Art. 118. Inciting to war or giving motives for reprisals.

Art. 119. Violation of neutrality

Art. 120. Correspondence with hostile country.

Art. 121. Flight to enemy's country.

Section Three. — Piracy and mutiny on the high

seas in Philippine waters

Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters
20

Art. 123. Qualified piracy. 2

PRESIDENTIAL DECREE NO. 532

REPUBLIC ACT NO. 6235

Title Two
CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
Chapter One
ARBITRARY DETENTION OR EXPULSION,
VIOLATION OF DWELLING, PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETINGS AND CRIMES
AGAINST RELIGIOUS WORSHIP
What are the crimes against the fundamental laws of the State?
They are:
1. Arbitrary detention. (Art. 124)
2. Delay in the delivery of detained persons to the proper judicial
authorities. (Art. 125)
3. Delaying release. (Art. 126)
4. Expulsion. (Art. 127)
5. Violation of domicile. (Art. 128)
6. Search warrants maliciously obtained and abuse in the service
of those legally obtained. (Art. 129)
7. Searching domicile without witnesses. (Art. 130)
8. Prohibition, interruption, and dissolution of peaceful meetings.
(Art. 131)
9. Interruption of religious worship. (Art. 132)
10. Offending the religious feelings. (Art. 133)

Art. 124. Arbitrary detention.

ARBITRARY DETENTION
By Detaining a Person

DELAY IN THE DELIVERY OF DETAINED PERSONS

Art. 125. Delay in the delivery of detained persons to

the proper judicial authorities

Art. 126. Delaying release.

Art. 127. Expulsion.

Section Two. — Violation of domicile

Art. 128. Violation of domicile.

Art. 129. Search warrants maliciously obtained, and

abuse in the service of those legally obtained
Art. 130. Searching domicile without witnesses.

Section Three. — Prohibition, interruption, and

dissolution of peaceful meetings
Art. 131. Prohibition, interruption, and dissolution of

peaceful meetings.

Section Four. — Crimes against religious worship

Art. 132. Interruption of religious worship.

Art. 133. Offending the religious feelings

Title Three
CRIMES AGAINST PUBLIC ORDER
What are the crimes against public order?
They are:
1. Rebellion or insurrection. (Art. 134)
2. Coup d'etat. (Art. 134-A)
3. Conspiracy and proposal to commit coup d'etat, rebellion or
insurrection. (Art. 136)
4. Disloyalty of public officers or employees. (Art. 137)
5. Inciting to rebellion. (Art. 138)
6. Sedition. (Art. 139)
7. Conspiracy to commit sedition. (Art. 141)
8. Inciting to sedition. (Art. 142)
9. Acts tending to prevent the meeting of Congress and similar
bodies. (Art. 143)
10. Disturbance of proceedings of Congress or similar bodies. (Art.
144)
11. Violation of parliamentary immunity. (Art. 145)
12. Illegal assemblies. (Art. 146)
13. Illegal associations. (Art. 147)
14. Direct assaults. (Art. 148)
15. Indirect assaults. (Art. 149)
16. Disobedience to summons issued by Congress, its committees,
etc., by the constitutional commissions, its committees, etc. (Art.
150)
17. Resistance and disobedience to a person in authority or the
agents of such person. (Art. 151)
18. Tumults and other disturbances of public order. (Art. 153)

19. Unlawful use of means of publication and unlawful utterances.

(Art. 154)
20. Alarms and scandals. (Art. 155)
21. Delivering prisoners from jails. (Art. 156)
22. Evasion of service of sentence. (Art. 157)
23. Evasion on occasion of disorders. (Art. 158)
24. Violation of conditional pardon. (Art. 159)
25. Commission of another crime during service of penalty imposed
for another previous offense. (Art. 160)
Chapter One
REBELLION, COUP D'ETAT, SEDITION,
AND DISLOYALTY
Art. 134. Rebellion or insurrection — 1

Republic Act No. 9372

Human S e c u r i t y Act of 2007
Approved on March 6, 2007
Acts Punishable as Terrorism under Rep. Act No. 9372.
Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:
a. Article 122 (Piracy in general and Mutiny in the High Seas or in
the Philippine Waters);
b. Article 134 (Rebellion of Insurrection);
c. Article 134-A (Coup d'Etat), including acts committed by private
persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
(1) Presidential Decree No. 1613 (The Law on Arson);
(2) Republic Act No. 6969 (Toxic Substances and Hazardous
and Nuclear Waste Control Act of 1990);

REPUBLIC ACT NO. 7659 Art. 134

(3) Republic Act No. 5207 (Atomic Energy Regulatory and
Liability Act of 1968);
(4) Republic Act No. 6235 (Anti-Hijacking Law);
(5) Presidential Decree No. 532 (Anti-Piracy and Anti-
Highway Robbery Law of 1974); and
(6) Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful Possession,
manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)

Art. 134-A. Coup d'etat —

Art. 135. Penalty for rebellion, insurrection or coupd'etat. — 2

Art. 136. Conspiracy and proposal to commit coup d'etat,

rebellion or insurrection.

Art. 137. Disloyalty of public officers or employees

Art. 138. Inciting to rebellion or insurrection.

Art. 139. Sedition

Art. 140. Penalty for sedition. 10

Art. 141. Conspiracy to commit sedition.

Art. 142. Inciting to sedition

Chapter Two
CRIMES AGAINST POPULAR
REPRESENTATION
What are the crimes against popular representation?
They are:
1. Acts tending to prevent the meeting of the National Assembly
and similar bodies. (Art. 143)
2. Disturbance of proceedings. (Art. 144)
3. Violation on parliamentary immunity. (Art. 145)
Section One. — Crimes against legislative bodies
and similar bodies
Art. 143. Acts tending to prevent the meeting of the
Assembly and similar bodies.

Art. 144. Disturbance of proceedings

Section Two. — Violation of parliamentary

immunity
Art. 145. Violation of parliamentary immunity

Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Art. 146. Illegal assemblies. —

Art. 147. Illegal associations

Chapter Four
ASSAULT UPON, AND RESISTANCE
AND DISOBEDIENCE TO, PERSONS
IN AUTHORITY AND THEIR AGENTS
Art. 148. Direct assaults.

Art. 149. Indirect assaults

Art. 150. Disobedience to summons issued by the

National Assembly, its committees or subcommittees, by the
Constitutional Commissions, its committees, subcommittees
or divisions.

Art. 151. Resistance and disobedience to a person in

authority or the agents of such person

Art. 152. Persons in Authority and Agents of Persons in

Authority

Chapter Five
PUBLIC DISORDERS
What are the crimes classified under public disorders?
They are:
1. Tumults and other disturbances of public order. (Art. 153)
2. Unlawful use of means of publication and unlawful utterances.
(Art. 154)
3. Alarms and scandals. (Art. 155)
4. Delivering prisoners from jails. (Art. 156)
Art. 153. Tumults and other disturbances of public order
— Tumultuous disturbance or interruption liable to cause
Disturbance

Art. 154. Unlawful use of means of publication and

unlawful utterances

Art. 155. Alarms and scandals

Art. 156. Delivering prisoners from jail

Chapter Six
EVASION OF SERVICE OF SENTENCE
Three kinds of evasion of the service of the sentence.
They are:
1. Evasion of service of sentence by escaping during the term of his
sentence. (Art. 157)
2. Evasion of service of sentence on the occasion of disorders. (Art.
158)
3. Other cases of evasion of service of sentence, by violating the
conditions of conditional pardon. (Art. 159)
Art. 157. Evasion of service of sentence. — 1

Art. 158. Evasion of service of sentence on the occasion of

disorders, conflagrations, earthquakes, or other calamities.

Art. 159. Other cases of evasion of service of sentence.*

Chapter Seven
COMMISSION OF ANOTHER CRIME DURING
SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
Art. 160. Commission of another crime during service
of penalty imposed for another previous offense

Title Four
CRIMES AGAINST PUBLIC INTEREST
What are the crimes against public interest?
They are:
1. Counterfeiting the great seal of the Government of the Philippines,
forging the signature or stamp of the Chief Executive. (Art. 161)
2. Using forged signature or counterfeit seal or stamp. (Art. 162)
3. Making and importing and uttering false coins. (Art. 163)
4. Mutilation of coins, importation and uttering of mutilated coins. (Art.
164)
5. Selling of false or mutilated coins, without connivance. (Art. 165)
6. Forging treasury or bank notes or other documents payable to bearer,
importing, and uttering of such false or forged notes and documents.
(Art. 166)
7. Counterfeiting, importing and uttering instruments not payable to
bearer. (Art. 167)
8. Illegal possession and use of forged treasury or bank notes and other
instruments of credit. (Art. 168)
9. Falsification of legislative documents. (Art. 170)
10. Falsification by public officer, employee or notary. (Art. 171)
11. Falsification by private individuals and use of falsified documents.
(Art. 172)
12. Falsification of wireless, cable, telegraph and telephone messages and
use of said falsified messages. (Art. 173)
13. False medical certificates, false certificates of merit or service. (Art.
174)
14. Using false certificates. (Art. 175)
15. Manufacturing and possession of instruments or implements for
falsification. (Art. 176)
16. Usurpation of authority or official functions. (Art. 177)
17. Using fictitious name and concealing true name. (Art. 178)
189
CRIMES AGAINST PUBLIC INTEREST
18. Illegal use of uniform or insignia. (Art. 179)
19. False testimony against a defendant. (Art. 180)
20. False testimony favorable to the defendant. (Art. 181)
21. False testimony in civil cases. (Art. 182)
22. False testimony in other cases and perjury. (Art. 183)
23. Offering false testimony in evidence. (Art. 184)
24. Machinations in public auction. (Art. 185)
25. Monopolies and combinations in restraint of trade. (Art. 186)
26. Importation and disposition of falsely marked articles or merchandise
made of gold, silver, or other precious metals or their alloys. (Art.
187)
27. Substituting and altering trade marks and trade names or service
marks. (Art. 188)
28. Unfair competition and fraudulent registration of trade mark or trade
name, or service mark; fraudulent designation of origin, and false
description. (Art. 189)
Chapter One
FORGERIES
What are the crimes called forgeries?
They are:
1. Forging the seal of the Government, signature or stamp of the Chief
Executive. (Art. 161)
2. Counterfeiting coins. (Art. 163)
3. Mutilation of coins. (Art. 164)
4. Forging treasury or bank notes or other documents payable to bearer.
(Art. 166)
5. Counterfeiting instruments not payable to bearer. (Art. 167)
6. Falsification of legislative documents. (Art. 170)
7. Falsification by public officer, employee or notary or ecclesiastical
minister. (Art. 171)
8. Falsification by private individuals. (Art. 172)
9. Falsification of wireless, cable, telegraph and telephone messages.
(Art. 173)
10. Falsification of medical certificates, certificates of merit or service.
(Art. 174)
Section One. — Forging the seal of the Government of the
Philippine Islands, the signature or stamp
of the Chief Executive.
Art. 161. Counterfeiting the great seal of the Government
of the Philippine Islands, forging the signature or stamp of the
Chief Executive.

Art. 162. Using forged signature or counterfeit seal or

stamp.

Section Two. — Counterfeiting coins

What are the crimes under counterfeiting coins?
They are:
1. Making and importing and uttering false coins (Art. 163
J See Appendix "A." Tahlc of P e n a l t i e s . No. 19.
193
MAKING, IMPORTING AND UTTERING FALSE COINS
2. Mutilation of coins — importation and utterance of mutilated
coins (Art. 164); and
3. Selling of false or mutilated coin, without connivance. 'Art.
165)
Art. 163. Making and importing and uttering false coins

Art. 164. Mutilation of coins — Importation and utterance

of mutilated coins.

Art. 165. Selling of false or mutilated coin, without

connivance.

Section Three. — Forging treasury or bank notes, obligations

and securities; importing and uttering false
or forged notes, obligations and securities
Art. 166. Forging treasury or bank notes or other documents
payable to bearer; importing, and uttering such false
or forged notes and documents. —

Art. 167. Counterfeiting, importing, and uttering

instruments not payable to bearer

Art. 168. Illegal possession and use of false treasury or

bank notes and other instruments of credit.

Art. 169. How forgery is committed.

Section Four. — Falsification of legislative, public, commercial,

and private documents, and wireless,
telegraph, and telephone messages
Five classes of falsification:
1. Falsification of legislative documents. (Art. 170)
2. Falsification of a document by a public officer, employee or notary
public. (Art. 171)
3. Falsification of a public or official, or commercial document by a
private individual. (Art. 172, par. 1)
4. Falsification of a private document by any person. (Art. 172, par. 2)
5. Falsification of wireless, telegraph and telephone messages. (Art.
173)
Forgery and falsification, distinguished.
The term forgery as used in Art. 169 refers to the falsification and
counterfeiting of treasury or bank notes or any instruments payable to
bearer or to order. Falsification is the commission of any of the eight (8)
acts mentioned in Art. 171 on legislative (only the act of making alteration),
public or official, commercial, or private documents, or wireless, or telegraph
messages. See Title Four, Chapter One, Section Four.
Forging and falsification are crimes under Forgeries. See Title Four.
Chapter One.
Art. 170. Falsification of legislative documents

Art. 171. Falsification by public officer, employee or

notary or ecclesiastical minister

Art. 172. Falsification by private individuals and use of

falsified documents.

Art. 173. Falsification of wireless, cable, telegraph, and

telephone messages, and use of said falsified messages.

Section Five. — Falsification of medical certificates, certificates

of merit or service, and the like
Art 174 False medical certificates, false certificates of merit or
service, etc.

Art. 175. Using false certificates

Section Six. — Manufacturing, importing, and possession

of instruments or implements intended for
the commission of falsification
Art. 176. Manufacturing and possession of instruments
or implements for falsification

Chapter Two
OTHER FALSITIES
Section One. — Usurpation of authority, rank, title, and
improper use of names, uniforms, and
insignia
Art. 177. Usurpation of authority or official functions.

Art. 178. Using fictitious name and concealing true name

Art. 179. Illegal use of uniforms or insignia.

Section Two. — False testimony

False testimony, defined.
False testimony is committed by a person who, being under oath and
required to testify as to the truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say something contrary to it.
What are the three forms of false testimony?
1. False testimony in criminal cases. (Arts. 180 and 181)
2. False testimony in civil cases. (Art. 182)
3. False testimony in other cases. (Art. 183)
Nature of the crime of false testimony.
Falsehood is ever reprehensible; but it is particularly odious when
committed in judicial proceedings, as it constitutes an imposition upon the
court and seriously exposes it to a miscarriage of justice. (People vs. Reyes,
C.A., 48 O.G. 1837)
Art. 180. False testimony against a defendant

Art. 181. False testimony favorable to the defendant.

Art. 182. False testimony in civil cases.

Art. 183. False testimony in other cases and perjury in

solemn affirmation

Art. 184. Offering false testimony in evidence

Chapter Three
FRAUDS
What are the crimes classified as frauds?
1. Machinations in public auctions. (Art. 185)
2. Monopolies and combinations in restraint of trade. (Art. 186)
3. Importation and disposition of falsely marked articles or merchandise
made of gold, silver or other precious metals. (Art. 187)
4. Substituting and altering trademarks and tradenames or service
marks. (Art. 188)
5. Unfair competition, fraudulent registration of tradename, trademark,
or service mark; fraudulent designation of origin and false description.
(Art. 189)
Section One. — Machinations, monopolies, and combinations
Art. 185. Machinations in public auctions

Art. 186. Monopolies and combinations in restraint of

trade.

Section Two. — Frauds in commerce and industry

^ Art. 187. Importation and disposition of falsely marked
articles or merchandise made of gold, silver, or other precious
288
IMPORTATION AND DISPOSITION OF FALSELY Art. 187
MARKED ARTICLES MADE OF GOLD, ETC.
metals or their alloys.

Art. 188. Substituting and altering trademarks, tradenames,

or service marks

Art. 189. Unfair competition, fraudulent registration of

trade name, trademark, or service mark, fraudulent designa-
291
Art. 189 UNFAIR COMPETITION, FRAUDULENT
REGISTRATION OF TRADE NAME, ETC.
Hon of origin, and false description

REPUBLIC ACT NO. 8293

I n t e l l e c t u a l Property Code of t h e P h i l i p p i n es

Title Five
CRIMES RELATIVE TO OPIUM AND
OTHER PROHIBITED DRUGS
Articles 190, 191, 192 and 193 of the Revised Penal
Code were repealed by Republic Act No. 6425, known as the
"Dangerous Drugs Act of 1972," which took effect on March
30, 1972, as amended by P.D. No. 1683 and further amended
by Republic Act No. 7659.
Republic Act No. 9165, known as the "Comprehensive
Dangerous Drugs Act of 2002," which took effect on July 4,
2002, repealed Republic Act No. 6425 and amended Republic
Act No. 7659.
LIMITED APPLICABILITY OF REVISED PENAL CODE TO REPUBLIC
ACT NO. 9165.
Section 98 of Rep. Act No. 9165 expressly states that "[notwithstanding
any law, rule or regulation to the contrary, the provisions of the Revised
Penal Code (Act No. 3814), as amended, shall not apply to the provisions
of this Act, except in the case of minor offenders. Where the offender is
a minor, the penalty for acts punishable by life imprisonment to death
provided herein shall be reclusion perpetua to death.
Acts punished by the Comprehensive Dangerous Drugs Act of 2002.
The acts punished are:
1. Importation of dangerous drugs and/or controlled precursors and
essential chemicals;
2. Sale, trading, administration, dispensation, delivery, distribution and
transportation of dangerous drugs and/or controlled precursors and
essential chemicals;
3. Maintenance of a dangerous drug den, dive or resort;
4. Being employees or visitors of a dangerous drug den, dive or resort;
309
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
5. Manufacture of dangerous drugs and/or controlled precursors and
essential chemicals;
6. Illegal chemical diversion of controlled precursors and essential
chemicals;
7. Manufacture or delivery of equipment, instrument, apparatus and
other paraphernalia for dangerous drugs and/or controlled precursors
and essential chemicals;
8. Possession of dangerous drugs;
9. Possession of equipment, instrument, apparatus and other paraphernalia
for dangerous drugs;
10. Possession of dangerous drugs during parties, social gatherings or
meetings;
11. Possession of equipment, instrument, apparatus and other paraphernalia
for dangerous drugs during parties, social gatherings or
meetings;
12. Use of dangerous drugs;
13. Cultivation or culture of plants classified as dangerous drugs or are
sources thereof;
14. Failure to maintain and keep original records of transactions
on dangerous drugs and/or controlled precursors and essential
chemicals;
15. Unnecessary prescription of dangerous drugs; and
16. Unlawful prescription of dangerous drugs.

Title Six
CRIMES AGAINST PUBLIC MORALS
What are the crimes against public morals?
They are:
(1) Gambling. (Art. 195)
(2) Importation, sale and possession of lottery tickets or
advertisements. (Art. 196)
(3) Betting in sport contests. (Art. 197)
(4) Illegal betting on horse races. (Art. 198)
(5) Illegal cockfighting. (Art. 199)
(6) Grave scandal. (Art. 200)
(7) Immoral doctrines, obscene publications and exhibitions. (Art.
201)
(8) Vagrancy and prostitution. (Art. 202)
335
Chapter One
GAMBLING AND BETTING
Note: The provisions of Articles 195-199 of the Revised Penal Code,
as amended, as well as those of Presidential Decree Nos. 483 (betting,
game-fixing or point-shaving and machinations in sport contests) and 449
(Cockfighting Law), which are inconsistent with Presidential Decree No.
1602, are repealed.
PRESIDENTIAL DECREE NO. 1602
PRESCRIBING STIFFER PENALTD3S
IN ILLEGAL GAMBLING

Chapter Two
OFFENSES AGAINST DECENCY AND
GOOD CUSTOMS
What are the offenses against decency and good customs?
They are:
1. Grave scandal. (Art. 200)
2. Immoral doctrines, obscene publications and exhibitions. (Art.
201)
3. Vagrancy and prostitution. (Art. 202)
Art. 200. Grave scandal

Title Seven
CRIMES COMMITTED BY
PUBLIC OFFICERS
Chapter One
PRELIMINARY PROVISIONS