CrimLaw Reviewer

CRIMES AGAINST NATIONAL SECURITY

 Treason – breach of allegiance, the obligation of fidelity and obedience, to a government

1. Elements
a. Offender is a
i. Filipino
ii. Resident alien
b. There is war where PH is involved
c. Offender either
i. Levies war against government
*Actual assembling of men
*For purpose of executing a treasonable design by force
ii. Adheres to the enemies, giving them aid or comfort
2. Ways of proving
a. Testimony of two witnesses to the same overt act, except in adherence, which
may be proved by:
i. One witness
ii. Nature of the act
iii. Circumstances
b. Confession of the accused in open court
 Misprision of treason
1. Elements
a. Offender is a Filipino
b. Has knowledge of conspiracy
c. Conceals or does not disclose within reasonable time to the governor or fiscal of
where he resides
 Espionage – offense of gathering, transmitting, or losing information respecting the national
defense with intent to injure the PH
1. Ways + Elements
a. Entering establishments
i. Offender enters a warship, fort, or naval or military establishment
ii. No authority
iii. Purpose is to obtain information or other confidential data relative to
defense of the PH
b. Disclosing contents
i. Offender is a public officer
ii. Possesses articles, data, or information by reason of his public office
iii. Discloses contents to a representative of a foreign nation
2. Other ways (CA No. 616)
a. Unlawfully obtaining information
b. Unlawful disclosure
c. Disloyal acts or words during peace
d. Disloyal acts or words during war
e. Conspiracy to violate preceding sections
f. Harboring violators of the law
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 Inciting to war
1. Elements
a. Offender performs unlawful or unauthorized acts
b. Such acts provoke war involving the PH or expose Filipinos to reprisals
 Violation of neutrality
1. Elements
a. There is war where PH is not involved
b. Regulation is issued by authority enforcing neutrality
c. Offender violates it
 Correspondence with hostile country
1. Elements
a. There is war where PH is involved
b. Offender makes correspondence with the country or territory of the enemy
c. Correspondence is either
i. Prohibited by the government
ii. Carried on in code or conventional signs
iii. Containing notice or info which might be useful to enemy
2. Qualified
a. Notice or information might be useful to enemy
b. Offender intended to aid enemy
 Flight to enemy’s country
1. Elements
a. There is a war where PH is involved
b. Offender is a Filipino
c. Offender attempts to flee to enemy country (mere attempt consummates)
d. Going to enemy country is prohibited
 Mutiny – unlawful resistance or raising commotions on board a ship against the commander,
must be members of the crew or passengers
 Piracy – robbery or forcible depredation in the high seas
1. Elements
a. A vessel is on the high seas or PH waters
b. Offenders are not members of its company or passengers
c. Offenders either
i. Attack or seize the vessel
ii. Seize the whole/part of its cargo, equipment, or personal belongings
2. Qualified Circumstances
a. Seizure of the vessel by boarding or firing upon it
b. Abandonment of victims w/o means of saving themselves
c. Crime is accompanied by murder, homicide, physical injuries, or rape
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FELONY IN TIME OF WAR IN TIME OF PEACE BOTH

Treason ✔ Rebellion
Espionage ✔
Inciting war ✔
Violation of neutrality ✔ (PH not involved)
Correspondence with
✔
hostile country
Flight to enemy ✔

CRIMES AGAINST THE CONSTITUTION

Crimes under this category may only be committed by public officers or employees

 Arbitrary detention
1. Elements
a. Offender must be vested with authority to detain (policemen) or order detention
of the accused (agents of the law, judges, mayors, brgy captain, and municipal
councilor)
b. Detains a person – actual confinement in an enclosure and depriving him of
liberty
c. W/o legal grounds – which are the ff:
i. Commission of a crime
ii. Violent insanity or other ailments requiring compulsory confinement in
a hospital
iii. Lawful arrest w/o warrant by peace officer or private person
*Person has committed, committing, or is attempting to commit an
offense
*There is probable cause – facts and circumstances which could lead a
prudent man to believe that an offense has been committed
*Person is a prisoner who has escaped from a penal establishment
 Delay in delivery of detained persons
1. Elements
a. Detains a person for some legal ground without warrant of arrest
b. Fails to deliver such person to proper judicial authorities – courts of justice or
judges of said courts vested with judicial power to order the temporary
detention of a person charged with committing a public offense
c. Within:
i. 12H – light
ii. 18H – correctional
iii. 36H – afflictive or capital
2. Rights of detainee
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a. Informed of the cause of his detention

b. Communicate anytime with his attorney or counsel
 Delaying release – most likely committed by wardens and jailers because they are the ones who
are temporarily in charge of the custody of detainees
1. Elements
a. There is a judicial or executive order for the release of a prisoner
b. Offender without good reason delays
i. Service of the notice of such order to the prisoner
ii. Performance of such order for the release of the prisoner
iii. Proceedings upon a petition for the release of such person
 Expulsion
1. Elements
a. Offender either
i. Expels any person (can only be done by the President)
ii. Compel a person to change residence (can only be done by court order)
b. Not authorized to do so
 Violation of domicile
1. Elements
a. Offender either
i. Enters any dwelling against the will of the owner – either express or
implied, including silence
ii. Searches effects found therein w/o consent of the owner
iii. Refuses to leave premises
b. Not authorized to do so
 Maliciously obtained warrants
1. Elements
a. Offender either
i. Procures a search warrant
ii. Exceeds his authority by using severity in executing a search warrant
*Search warrant – an order in writing issued in the name of the People
of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property describe therein. Valid
only for 10 days.
b. W/o just cause
 Searching domicile without witnesses
1. Elements
a. Offender is armed with a search warrant legally procured
b. Searches the domicile, papers, or other belongings of any person
c. The owner, a member of his family, two witnesses from the same locality are
not present
 Prohibition, interruption, and dissolution of peaceful meetings
1. Acts punished
a. Prohibiting, interrupting, or dissolving, w/o legal ground, the holding of a
peaceful meeting
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b. Hindering any person from joining any lawful association or from attending its
meetings
c. Prohibiting or hindering any person from addressing any petition to the
authorities for the correction of abuses or redress of grievances
 Interruption of religious worship
1. Elements
a. Religious ceremonies or its manifestations are about to take place or going on
b. Offender prevents or disturbs it
2. Qualified – if done with violence or threats
 Offending the religious feelings
1. Elements
a. Acts complained of were performed
i. In a place devoted to religious worship
ii. During the celebration of any religious ceremony (acts performed
outside of a church)
b. Acts must be notoriously offensive to the feelings of the faithful

PUBLIC OFFICER/EMPLOYEE PRIVATE INDIVIDUAL

Arbitrary Detention
Illegal Detention
Delay in delivery of detained persons
Prohibition, interruption, and dissolution of
Disturbance of public order
peaceful meetings

CRIMES AGAINST PUBLIC ORDER

 Insurrection – seeks merely to effect some change of minor importance or to prevent the
exercise of governmental authority re: particular matters
 Rebellion – object of movement to completely overthrow and supersede the existing gov’t
1. Elements
a. There be
i. Public uprising
ii. Taking arms against the government
b. Purpose of the movement is either
i. Remove from the allegiance to the gov’t or its laws the territory of the
PH or any body of land, naval, or other armed forces
ii. Deprive CE or Congress of any of their powers or prerogatives
*Not necessary for rebels to succeed
2. Liability
a. Anyone who promotes, maintains, or heads
b. Anyone who participates or executes the commands of others
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 Coup d’etat
1. Elements
a. Offender belongs to the military or police or holds any public office or
employment
b. There is a swift attack accompanied by violence, intimidation, threat, strategy,
or stealth
c. Attack is directed against duly constituted authorities of the PH, or any military
camp or installation, and other facilities needed for the exercise and continued
possession of power
d. Purpose is to seize or diminish state power
*May be committed with or without civilian participation
2. Liability
c. Anyone who leads, directs, or commands others
d. Any person in the government service who participates or executes directions
of others
e. Any person not in the government service who participates, supports, finances,
abets, or aids
 Disloyalty of public officers or employees
1. Elements
a. Offender is a public officer or employee
b. Performs the ff:
i. Failing to resist a rebellion
ii. Continuing to discharge the duties of their offices under the control of
the rebels
iii. Accepting appointment to office under them
*Offender should not be in conspiracy with the rebels, otherwise the
crime will be rebellion
2. Inciting – offender doesn’t take part, incites others by means of speeches, writings, etc
 Sedition – raising of commotions or disturbances in the State, with the purpose of violating
public peace
1. Elements
a. Offenders rise
i. Publicly
ii. Tumultuously – disturbance is caused by more than three armed
persons
b. Employ force, intimidation, or other means outside of legal methods
c. Means were employed to
i. Prevent execution of any law or holding of popular election
ii. Prevent the government or any public officer thereof from exercising
its or his functions
iii. Inflict any act of hate or revenge upon the person or property of any
public officer or employee
iv. Commit, for any political or social end, any act of hate or revenge
against private persons or any social class
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v. Despoil, for any political or social end, any person or government of all
or part its property
2. Liability
a. Leader
b. Participants
3. Inciting – offender doesn’t take part, incites others by means of speeches, writings, etc

CLASS TREASON REBELLION COUP D’ETAT SEDITION

Military, police, or
Who may Filipino or resident
Anyone public officer or Anyone
commit alien
employee
May be committed
Public uprising and Tumultuous public
Method by mere adherence Swift attack
taking up of arms uprising
to enemy
Political or social
Always for a Seize or diminish
Purpose Breach allegiance purpose, violate
political purpose state power
public peace
C&P Both Both Both Conspiracy only

 Prevention of meeting of Assembly and similar bodies

1. Elements
a. There be a projected or actual meeting of legislative or constitutional bodies
b. Offender may be any person who prevents such
 Disturbance of proceedings
1. Elements
a. There be a projected or actual meeting of legislative or constitutional bodies
b. Offender either
i. Disturbs it
ii. Behaves in a manner as to interrupt its proceedings or impair the
respect due it
 Violation of parliamentary immunity
1. Ways + Elements
a. Prevention of meeting
i. Offender is any person
ii. Uses force, intimidation, threats, or fraud
iii. Purpose is to prevent any member from attending, expressing his
opinions, or casting his vote
b. Arresting or searching a member
i. Offender is a public officer or employee
ii. Arrests or searches any member
iii. While assembly was in regular or special session
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iv. Member arrested or searched has not committed a crime with a

penalty higher than prision mayor (a legislative privilege under the
Constitution)
 Illegal assemblies
1. Ways + Elements
a. Commission
i. There is a meeting, whether in a fixed place or not
ii. There are armed attendees (at least four)
iii. Purpose is to commit any of the crimes under RPC
b. Inciting
i. There is a meeting, whether in a fixed place or not
ii. The audience are either armed or not
iii. Incited to commit the crime of treason, rebellion or insurrection,
sedition, or direct assault
2. Liability
a. Organizers/leaders
b. Persons merely present (must have intent, not only out of curiosity)
 Illegal associations
1. Ways
a. Organized for the purpose of committing crimes under RPC
b. Organized for some purpose contrary to public morals
2. Liability
a. Founders, directors, and president
b. Mere members
3. Anti-Subversion Act – outlawed the CPP and those who affiliate and conspire w/ them

CLASS ASSEMBLY ASSOCIATION

Method Actual meeting or assembly Meeting is not necessary
Act punished Meeting and attendance Act of forming and membership
Liability Organizers, leaders, attendees Founders, heads, members

 Direct assault
1. Ways + Elements
a. Simple
i. Offender employs force or intimidation
ii. Offended party may be any person
iii. Aim is to attain any of the purposes of rebellion or sedition
iv. No public uprising
b. Serious
i. Offender makes an attack, employs force, makes serious intimidation
or serious resistance
ii. Offended party is
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*Person in authority – any person directly vested with jurisdiction or

the power to govern and execute laws (judges, prosecutors, brgy
captain, chairman, supervisors of educational institutions, lawyers in
performance of duties)
*Agent – by direct provision of law, election, or appointment by
competent authority, is charged with maintenance of public order and
protection and security of life and property (barrio councilman,
policeman, brgy leader, any person aiding persons in authority)
iii. Offended party is
*Engaged in the actual performance of his official duties
*Assaulted by reason of the past performance
iv. Offender knows person is in authority or an agent
v. No public uprising
2. Qualified
a. With weapon
b. Offender is a public officer or employee
c. Offender lays hands upon a person in authority
 Indirect assault
1. Elements
a. Person in authority or his agent is the victim of any of the forms of direct
assault
b. Another person comes to the aid of such
c. Offender makes use of force or intimidation upon such 2 nd person
*Can only be committed when direct assault is committed
 Disobedience to summons
1. Ways
a. Refusing, w/o legal excuse, to obey summons from legislative or constitutional
body
b. Refusing to be sworn or placed under affirmation while being before them
c. Refusing to answer any legal inquiry or to produce documents in his possession
when required so
d. Restraining another from attending as witness
e. Inducing disobedience to a summons
 Resistance and disobedience to a person in authority and agents
1. Ways + Elements
a. Serious
i. Person in authority or agent is engaged in the performance of official
duty and gives lawful order to offender
ii. Offender resists or seriously disobeys
*Serious resistance constitutes direct assault
iii. Act is not included in Arts. 148-150
b. Simple
i. Agent is engaged in the performance of official duty and gives lawful
order to offender
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ii. Offender disobeys

iii. Disobedience is not of a serious nature
 Tumults
1. Ways
a. Causing serious disturbance in a public establishment
b. Interrupting or disturbing performance or gatherings not included in Art 131-
132
*When done by private individuals or participants
c. Making an outcry tending to incite rebellion or sedition in a meeting,
association, or public place
d. Displaying placards or emblems w/c provoke a disturbance of public order
e. Burying with pomp the body of a legally executed person
 Unlawful utterances
1. Ways
a. Publishing as news any false news w/c may endanger public order or cause
damage to the interest of the State
*Mere possibility of danger is sufficient
b. Encouraging disobedience to the law by praising or justifying any act punished
c. Maliciously publishing any official document without proper authority, before
they are officially published
d. Printing, publishing, or distributing materials w/c do not bear real printer’s
name
 Alarms and scandals
1. Ways
a. Discharging any explosive within a public place w/c produces alarm or danger
b. Instigating or participating in any charivari (noises designed to annoy or insult)
or other disorderly meeting offensive to another or prejudicial to public peace
c. Disturbing the public peace while wandering at night or other nocturnal
amusements
d. Causing any disturbance while intoxicated
 Delivery of prisoners
1. Elements
a. There is person confined in jail or penal establishment
b. Offender removes such person or helps him escape
*Offender is usually an outsider, because a public officer would be liable for
infidelity
 Evasion of service of sentence
1. Elements
a. Offender is a convict by final judgment
b. Sentence consists of deprivation of liberty
c. Evades it by escaping (unlawful departure from limits of custody) during the
term of his sentence
2. Qualified
a. Unlawful entry
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b. Damage to property
c. Using picklocks, false keys, disguise, deceit, violence, or intimidation
d. Connivance with other convicts or employees of institution
 Evasion of service on occasion of calamities
1. Elements
a. Offender is a convict by final judgment, confined in a penal institution
b. There is disorder, resulting from
i. Conflagration
ii. Earthquake
iii. Explosion
iv. Similar catastrophe
v. Mutiny
c. Evades by leaving the institution
d. Fails to give himself up to the authorities w/in 48H following issuance of
proclamation by CE announcing the calamity has passed
*Prisoner who did not escape is entitled to special allowance
 Evasion of convict granted conditional pardon – a contract between CE and convict
1. Elements
a. Offender was a convict
b. Granted conditional pardon by CE
c. Violated conditions of such
 Quasi-recidivism
1. Elements
a. Offender was convicted by final judgment of one offense
b. Committed a new felony before beginning to serve or while serving

QUASI-RECIDIVISM REITIRACION
Offender has not begun or is serving his sentence Offender served out his previous sentence

CRIMES AGAINST PUBLIC INTEREST

 Forging seal, signature or stamp

1. Ways
a. Forging the seal of the PH Gov’t – affixed upon all commissions signed by the
CE, and other official documents and papers
b. Forging the signature of the President
c. Forging the stamp of the President
 Using forged seal or stamp
1. Elements
a. Seal, signature, or stamp was forged by another
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b. Offender knew
c. Used the counterfeit and forged materials
 Making, importing, and uttering false counts – if forged or unauthorized as a legal tender
1. Elements
a. There be false or counterfeited coins
*Coin – a piece of metal stamped and made current at a certain value
b. Offender either made, imported, or uttered them
c. In case of uttering – he connived with counterfeiters or importers
 Mutilation of coins – taking off part of the metal by filing it or substituting it w/ another
1. Ways
a. Mutilating coins of the legal currency w/ intent to damage or defraud
b. Importing or uttering such in connivance with mutilator
 Selling of false or mutilated coin
1. Ways + Elements
a. Possession
i. Possession
ii. With intent to utter
iii. Knowledge
b. Uttering
i. Actually uttering
ii. Knowledge
 Forging treasury or bank notes
1. Ways
a. Forging or falsification of treasury or bank notes
i. Counterfeiting – giving to the instrument the appearance of a true
and genuine document
ii. Falsification – erasing, substituting, or altering the figures, letters,
words, or sign contained therein
b. Importation of such
c. Uttering in connivance w/ forgers or importers
 Counterfeiting, importing, uttering instruments not payable to bearer
1. Elements
a. There is instrument payable to order or other documents not payable to
bearer
b. Offender either forged, imported, or uttered such
c. Uttering in connivance with forger or importer
 Illegal possession and use of false instruments of credit
1. Elements
a. Any instrument of credit is forged or falsified by another person
b. Offender knows
c. Uses or possesses with intent to use
 Falsification of legislative documents
1. Elements
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a. There be a bill, resolution, or ordinance enacted, approved, or pending

approval by the legislative
b. Offender alters it
c. Without proper authority
d. Alteration has changed the meaning of the document
 Falsification by a public officer or employee
1. Elements
a. Offender is a public officer, employee, or notary
b. Takes advantage of his position
c. Falsifies a document by
i. Counterfeiting or imitating any rubric
ii. Causing it to appear that persons have participated when they did not
iii. Attributing to persons statements other than those made by them
iv. Making untruthful statements in a narration of facts
v. Altering true dates
vi. Making any alteration in a document w/c changes its meaning
vii. Issuing in authenticated form a document purporting to be copy of an
original when no such original exists
viii. Intercalating any instrument or note relative to its issuance in a
protocol or official book
 Falsification by private individuals and use
1. Ways
a. Falsification of public (in response to exigencies of public service), official
(issued by a public official in the exercise of his functions), or commercial
(regulated by the Code of Commerce) document by private individual
b. Falsification of private document (no intervention by notary) by private
individual
c. Use of falsified document
i. Introduction in a judicial proceeding
ii. In other transactions
 Falsification of wireless, telegraph, or telephone messages
1. Ways + Elements
a. Uttering or falsifying messages
i. Offender is a public officer or employee or a private employee
engaged in the service of sending or receiving messages
ii. Offender utters or falsifies messages
b. Using falsified messages
i. Accused knew that the messages were falsified
ii. Used it
iii. Use resulted in the prejudice of a third party or with intent to cause
 Falsification of certificates – certificates are any writing by which testimony is given that a fact
has or has not taken place
1. Liability
a. Physician or surgeon – false medical certificate
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b. Public officer – certificate of merit or service

c. Private individual - any of those enumerated
 Using false certificates
1. Elements
a. Any of the three enumerated falsified certificates
b. Offender knew
c. Used it
 Manufacturing, importing, and possession of instruments for falsification
1. Ways
a. Making or introducing into the PH any instruments or implements for
counterfeiting or falsification
b. Possessing with intent to use the instruments or implements for
counterfeiting or falsification made in or introduced into the PH by another