Criminal Law Ii: Title I: Crimes Against National Security and The Law of Nations Crime Against National Security

CRIMINAL LAW II
Title I : Crimes Against National Security What are the six ways of committing espionage under CA
and the Law of Nations 616?
CRIME AGAINST NATIONAL SECURITY Distinguish espionage from treason.

Article 114. Treason
Art. 118. Inciting to war.
Define Treason.
Is the intention of the offender material in violating Art.
Define Allegiance. 118?
Allegiance is the obligation for fidelity and Can it be committed in time of peace?
obedience which
Art. 119. Violation of neutrality
Define adherene.
Define neutrality.
Define “aid and comfort”.
What must concur in order to constitute the crime?
Who can be liable for the crime of treason?
Art. 120. Correspondence with hostile country.
Who owes allegiance to the Philippines?
What is the meaning of “correspondence”?
When can the crime of treason be committed?
What are the circumstances that will qualify the offense?
What is the two-witness rule?
Art. 121. Flight to enemy country.
When can the crime of treason be committed?
Can a resident alien be liable for art. 121?
For what acts may the citizen or alien be liable in treason?
Will mere attempt to flee to enemy country consummate
Can treason be committed through negligence?
the felony?
Article 115. Conspiracy and proposal to commit treason.

Art. 122. Piracy in general and mutiny on the high seas or in
Philippine waters.
Does the two-witness rule apply to conspiracy or proposal
to commit treason? What are the two ways of committing piracy?
Art. 116. Misprision of treason. What is the meaning of “high seas”?
What is penalized in Art. 115 on conspiracy? Define piracy.
Where can crimes against law of nations be tried? Distinguish piracy from robbery on the high seas.
What is misprision of treason? Define mutiny.
Art. 117. Espionage Distinguish piracy from mutiny.
Define espionage. Art. 123. Qualified piracy.
What are the two ways of committing espionage? What amendments were introduced by RA 7659 on
piracy?
Who are the persons liable for committing espionage?
What is qualified piracy?
Atty. Daphne S. Andal - Degoma 1

CRIMINAL LAW II
Compare 125 and 126.

Title II : Crimes Against the Fundamental
Art. 127. Expulsion.
Laws of the State
What are the acts punishable as expulsion.
ARBITRARY DETENTION AND
EXPULSION What is the crime of expulsion?
Article 124. Arbitrary detention.
Who are the persons authorized by law to expel or compel
persons to change abode?
Art. 125. Delay in the delivery of detained persons to the VIOLATION OF DOMICILE
proper judicial authorities.
Art. 128. Violation of Domicile.
Who can commit the crime of arbitrary detention?
What are the acts punishable as violation of domicile?
How is arbitrary detention committed?
How is the crime of Violation of domicile committed and
When is there “detention”? by whom?
When is detention “without legal grounds”? What is the meaning of “search” in this article?
When is arrest lawful? What are the circumstances that will qualify the offense?
Compare illegal detention from unlawful arrest. Art. 129. Search Warrants maliciously obtained and abuse in
the service of those legally obtained.
Compare arts. 124 and art 125.
What are the acts punishable under this article?
How is the person arrested “delivered” as provided in art.
125? Define search warrant.
When does the detention become arbitrary? What are the personal properties to be seized?
What is custodial investigation? What is probable cause?
What the mandatory duty of the arresting officer under RA When is a search warrant deemed to have been procured
7438? without just cause?
What is the rationale for the provision of art. 125? What is the test of lack of just cause?
To what do the words “judicial authority” refer? What are the elements of exceeding authority or using
unnecessary severity in executing search warrant legally
Can arbitrary detention be committed through negligence. procured?
Does the law fix any minimum period of detention.

Art. 130. Searching domicile without witnesses.
Art. 126. Delaying release. Compare art. 128 with arts. 129 and 130.
What are the acts punishable under art. 126 on delaying

Art. 131. Prohibition, interruption, and dissolution of
release? peaceful meetings
What are the rights of the person detained? What are the acts punishable under art 131?
What is the remedy when warrant is improperly issued? Can a private individual commit this crime?
CRIMINAL LAW II
Is there denial of a petition to hold public meeting a

violation of this article?
If the offender is a participant of the meeting can he be

liable under this article?
CRIMES AGAINST RELIGIOUS WORSHIP

Art. 132. Interruption of religious worship.
What are the circumstances that will qualify this felony?
Art. 133. Offending of religious feelings.
What is meant by “a place devoted to religious worship”?
What is meant by ”religious ceremonies”?
What are the religious ceremonies or manifestations

covered by arts. 132 and 133?
Who is offense to religious feelings determined.
Title III: Crimes Against Public Order

REBELLION, SEDITION AND
DISLOYALTY
Article 134. Rebellion and insurrection. – How committed.
How is the crime of rebellion committed?

CRIMINAL LAW II
By rising publicly and taking up arms against the factor is the intent or motive. If a crime usually regarded as
government for any purposes specified in Article 134 common. like homicide, is perpetrated for the purpose of
(seizing or diminishing state power) which are political in removing from the allegiance “to the Govt the territory of
nature. the Philippine Islands or any part thereof,” then said
offense becomes stripped of its “common” complexion,
What is the nature of the crime of rebellion? inasmuch as, being part and parcel of the crime of rebellion,
Crime of masses, of a multitude. It is a vast movement the former acquired the political character of the latter.
of men and a complex net of intrigues and plots. The word
“rebellion” evokes, not merely a challenge to the Article 134 – A. Coup d’ etat. How committed.
constituted authorities, but also a civil war on a bigger or
lesser scale. How is the crime of coup d’ etat committed?
1. How – by a swift attach accompanied by violence,
Since it is a continuing crime hence rebels can be intimidation, threat, strategy or stealth
arrested at anytime without a warrant. 2. Against – the duly constituted authorities or any military
camp or installation, communications network, public
Is it necessary that the purpose of rebellion be utilities or other facilities needed for the exercise and
accomplished? continued possession of power.
No. It is not necessary that the purpose of the 3. Number of offenders – singly or simultaneously
rebellion be accomplished. The crime is complete the very (collectively) carried out anywhere in the Phils.
moment a group of rebels rise publicly and take arms 4. By whom – by any person or persons, belonging to the
against the Government, for the purpose of overthrowing military or police holding any public office or employment,
the same by force. It is not necessary to consummate with or without civilian support or participation.
rebellion (succeed in overthrowing the Govt). Rising publicly 5. Purpose – to seize or diminish state power.
and taking arms against the Govt is the normative element
of the offense, while the intent or purpose to overthrow the What must concur in order for one to be liable for coup d’
Govt is the subjective element. etat?
That the purpose of such attack was to seize
In order to make out a case of rebellion, what motivation control or diminish state power.
for the killing of the victim by the offender must be
shown? Distinguish between rebellion and coup.
It must be made in furtherance of rebellion.
REBELLION COUP
When a criminal act has elements common to more than
one offense, who has the option to choose the case to file? The essence (commission) The essence is a swift
The public prosecutor has the option to ascertain is rising publicly and taking attack against the
which prosecutions should be initiated on the basis of the up arms against the government, its military
evidence at hand. government. camps or installations,
communication network,
Who has the burden of proving the political motivation in public facilities and utilities
the case? essential to the continued
Burden of proving that the motivation for the exercise of governmental
crime is political and not private is on the defense. Political powers.
motive of the act should be conclusively demonstrated.
Involves a multitude of May be committed singly
May offenders be charged with for “common crimes”, e.g. people. or collectively.
murder and possession of firearm, separately from
rebellion and insurrection? It does not require that the Requires as a principal
Yes. The RPC treats rebellion and insurrection as a principal participants be offender a member of the
crime distinct from murder, homicide, arson and other members of the AFP, PNP, PNP, AFP, or a public
felonies that might conceivably by committed in the course or any public officers. officer, with or without
of a rebellion. civilian support.
Criminal objective is to Criminal objective is to

Distinguish political crimes from common crimes.
overthrow the government destabilize, immobilize or
Political crimes are those directly aimed against
and the offenders to paralyze the existing
political order, as well as such common crimes as may be
establish their own. government by taking over
committed to achieve a political purpose. The decisive
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such facilities and utilities. Proposal to commit rebellion – when the person who has
decided to rise publicly and take arms against the
It is always committed May be committed not Government for any of the purposes of rebellion proposes
through force and violence only through force or its execution to some other person or persons.
violence but also by threat,
intimidation, strategy or Article 137. Disloyalty of public officers or employees.
stealth
What are the acts of disloyalty punished under this
Note: No crime of inciting to coup d’etat. article?
Acts of loyalty which are punished:
1. By failing to resist a rebellion by all means in their power,
Article 135. Penalty for rebellion, insurrection or coup d’ or
etat. 2. By continuing to discharge the duties of their offices
under the control of the rebels; or
The following are liable for rebellion, insurrection and/or 3. By accepting appointment to office under them.
cou d’etat:
A. The Leaders – If the public officers or employees are in connivance with
i. any person who (a) promotes, (b) maintains, or the rebels, will they be liable for this felony?
(c) heads a rebellion or insurrection; or RP The public officer or employee who performs any of the
ii. Any person who (a) leads, (b) directs, or (c) acts of disloyalty should not be in conspiracy with the
commands others to undertake a coup d’ etat. RP rebels; otherwise he will be guilty of rebellion, not merely
B. The Participants – disloyalty, because in conspiracy, he act of one is the act of
i. Any person who (a) participates, or (b) executes all.
the commands or others in rebellion, or insurrection; RT
ii. Any person in the government service who (a) Article 138. Inciting to rebellion or insurrection.
participates, or (b) executes directions or commands of
others in undertaking coup d’ etat; PM maximum period Distinguish inciting to rebellion from proposal to commit
iii. Any person not in the govt service who rebellion.
participates, or in any manner supports, finances, abets or 1. in both crimes, the offender induces another to
aids in undertaking a coup d’ etat. RT maximum period commit rebellion.
2. In proposal, the person who proposes has
Unknown leaders: any person who in fact directed the decided to commit rebellion; in inciting to rebellion, it is not
other, spoke for them, signed receipts and other required that the offender has decided to commit rebellion.
documents issued in their name or performed similar acts 3. In proposal, the person who proposes the
on behalf of the rebels, shall be deemed a leader of such execution of the crime uses secret means; in inciting to
rebellion, insurrection, or coup d’ etat. rebellion, the act of inciting is done publicly.
Article 136. Conspiracy and proposal to commit coup d’ Article 139. Sedition. – How committed.
etat, rebellion and insurrection.
How is sedition committed?
Conspiracy and proposal to commit coup d’ etat – prision Sedition is a crime of dissent or protest by means
mayor in its minimum perio /fine – shall not exceed 8k outside of legal methods (nature). The offenders rise
publicly and tumultuously to attain their purpose by force,
Conspiracy and proposal to commit rebellion/insurrection intimidation , or by other means outside of legal method.
are two different crimes, namely: It is done in excess of the legal means authorized
(1) Conspiracy to commit rebellion - PC max under the freedoms of expression and assembly clauses of
period (4 yrs 2 mo 1 day to 6 yrs) /fine – not exceed 5k the Constitution.
(2) Proposal to commit rebellion – PC medium
period ( 2 yrs 4 mo 1 day to 4 yrs and 2 mo) / fine – not Distinguish sedition from treason.
exceeding 2k Treason, in its more general sense, is the “violation
by a subject of his allegiance to his sovereign or liege, lord,
Conspiracy to commit rebellion – when two or more or to the supreme authority of the State.”
persons come to an agreement to rise publicly and take Sedition, in its more general sense, is “ the raising
arms against the Government for any of the purposes of of commotions or disturbances in the State.” (U.S. vs Abad)
rebellion and decide to commit it.

CRIMINAL LAW II
Can sedition be committed by one person? crimes of rebellion and

No. Note of the clause in the opening sentence of sedition.
Article 189, which says: “The crime of sedition is committed
by persons who rise publicly and tumultuously.” In Art. 163,
the word “tumultuous” is given a definite meaning. It says
the “the disturbance xxx shall be deemed to tumultuous if Art. 140. Penalty for sedition.
caused by more than three persons who are armed or
provided with means of violence”. Persons liable for sedition are:
(1) The leader of the sedition (PM min period- 6 yrs
When disorderly conduct occurs during rally, will it bring 1 day to 8 yrs and fine not exceeding 10k); and
about the crime of sedition? (2) Other persons participating in the sedition (PC
Such instances of disorderly conduct by individual max period – 4 yrs 2 mos 1 day to 6 yrs and a fine not
members of the crowd should not be seized as an excuse to exceeding 5k).
characterize the assembly as a seditious and tumultuous
rising against the authorities and render illusory the right to Art. 141. Conspiracy to commit sedition.
peaceably assembly.
Persons conspiring to commit the crime of sedition shall be
Who can commit the crime of inciting to rebellion or punished by prision correccional in its medium period and a
sedition? fine not exceeding 2,000 pesos. ( 2yrs 4 mos 1 day to 4 yrs
only by civilians who do not take part therein. If he and 2 mos)
does, his crime is rebellion or sedition. Rebels cannot
commit this crime. Art. 142. Inciting to sedition.
There is no crime as proposal to incite to sedition,
but only conspiracy. If the proposal is accepted, it is What are the different acts of inciting to sedition.
conspiracy. 1. Inciting others to the accomplishment of any of
the acts which constitute sedition by means of speeches,
Can direct assault be committed when there is rebellion or proclamations, writings, emblems, etc.
sedition? 2. Uttering seditious words or speeches which tend
No, direct assault cannot be committed when to disturb the public peace.
there is rebellion or sedition as public uprising is an element 3. Writing, publishing, or circulating scurrilous
of rebellion or sedition which should be absent in direct libels against the Govt or any of the duly constituted
assault. Article 148 defines direct assault as “without public authorities thereof, which tend to disturb the public peace.
uprising”.
Compare inciting to sedition, tumults and direct assaults? What is the meaning of word “scurrilous”?
In Art. 153, the intent is not really to incite to “scurrilous” means low, vulgar, mean or foul.
sedition but to disturb public performance or create
disturbance in a public place. If any of the acts employed is When is the utterance, speech, writing or publication
one of those in Art 142 (sedition) and the objectives is any considered seditious?
of those in Article 139, it is not merely disturbance but is 1. They tend to disturb or obstruct any lawful
elevated to inciting to sedition. officer in executing the functions of his office; or
2. They tend to instigate others to cabal and meet
Sedition Direct Assault (of the first together for unlawful purposes; or
form) 3. They suggest or incite rebellious conspiracies or
riots; or
Committed by those who Committed by those who 4. They lead or tend to stir up the people against
rise publicly and without a public uprising the lawful authorities or to disturb the peace of the
tumultuously community, the safety and order of the Government. (Art.
142, 2nd part)
To attain by force, Shall employ force or
intimidation, or by other intimidation What are the two rules relative to seditious words?
means outside of legal (a) The Clear and Present Danger Rule : the words
methods must be of such a nature that by uttering them there is
danger of a public uprising and that such danger should be
Any of the objectives For the attainment of any
both clear and imminent.
enumerated in Art 139 of the purposes
enumerated in defining
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Under this rule, it is required that there must be b. He behaves while in the presence of
reasonable ground to believe that the danger apprehended any such bodies in such a manner as to interrupt its
is imminent and that the evil to be prevented is a serious proceedings or to impair the respect due it.
one. There must be probability of serious injury to the
State. Art. 145. Violation of parliamentary immunity.
(b) The Dangerous Tendency Rule: If the words
used tend to create a danger of public uprising, then those Acts punishable:
words could properly be the subject of a penal clause.
Under this rule, there is inciting to sedition when 1. By using force, intimidation, threats, or frauds to prevent
the words uttered or published could easily produce any member of the National Assembly from (1) attending
disaffection among the people and a state of feeling in the meetings of the Assembly or of any of its committees or
them incompatible with a disposition to remain loyal to the subcommittees, constitutional commissions or committees
Government and obedient to the laws. or divisions thereof, or from (2) expressing his opinions, or
(3) casting his vote.
What are the reasons why seditious utterances are Elements:
prohibited? (1) That the offender uses force, intimidation,
Manifestly, the legislature has authority to forbid threats or fraud.
the advocacy of a doctrine designed and intended to (2) That the purpose of the offender is to prevent
overthrow the Government without waiting until there is a any member of the National Assembly from –
present and immediate danger of the success of the plan a. attending the meetings of the Assembly
advocated. If the State were compelled to wait until the or of any of its committees or constitutional
apprehended danger became certain, then its right to commissions, etc; or
protect itself would come into being simultaneously with b. expressing his opinions; or
the overthrow of the Government, when there would be c. casting his vote.
neither prosecuting officers nor courts for the enforcement Note: The offender is any person.
of the law.
2. By arresting or searching any member thereof while the
Crime Against Popular Representation National Assembly is in regular or special session, except in
case such member has committed a crime punishable under
the Code by a penalty higher than prision mayor.
Crimes against legislative bodies and similar
Elements:
bodies: a. That the offender is a public officer or
Art. 143. Acts tending to prevent the meeting of the employee;
assembly and similar bodies. b. That he arrests or searches any
member
Elements: of the National Assembly;
1. That there be a projected or actual meeting of c. That the Assembly, at the time of arrest
the National Assembly or any of its committees or or search, is in regular or special session;
subcommittees, constitutional committees, or divisions d. That the member arrested or searched
thereof, or any provincial board or city municipal council or has not committed a crime punishable under the
board. Code by a penalty higher than prision mayor.
2. That the offender who may be any person
prevents such meeting by force or fraud.
Penalty: Prision Correccional or fine 200-2000 pesos or both Illegal Assemblies and Associations
National Committee: Congress of the Philippines
Art. 146. Illegal Assemblies.
Art 144. Disturbance of proceedings.
What is the gravamen of the offense of illegal assembly?
The gravamen of the offense is mere gathering for
Elements:
the unlawful purpose relating to a crime under the RPC. IF
1. That there be a meeting of the National
the offense is punishable under special law, illegal assembly
Assembly or any of its committees or subcommittees,
is not committed.
constitutional commissions or committees or divisions
What are the ways of committing the crime of illegal
thereof, or of any provincial board or city or municipal
assembly?
council or board.
2. That the offender does any of the following acts:
a. He disturbs any of such meetings.
CRIMINAL LAW II
(1) Gathering of persons any or some of whom are crimes punishable under
armed for the purpose of committing any crime under the the Code, or of individuals
RPC. who, although not armed,
(2) Gathering of persons where the audience is are incited to the
incited to commit treason, rebellion or insurrection, commission of treason,
sedition or assault upon a person in authority or his agent rebellion, sedition, or
even without the attendance of armed men. assault upon a person in
If the intent of the leader or organizer in organizing authority of his agent.
the meeting is to incite the audiences to sedition, the crime
in inciting to sedition. IF the inciting utterances were It is the meeting and It is the act of forming or
injected during and incidental to such meeting, it is illegal attendance at such organizing and
assembly. meeting that are punished. membership in the
Who are the persons liable for illegal assembly? association that are
1. The organizers or leaders of the meeting; punished.
2. Persons merely present at the meeting.
As illegal assembly is a felony, the persons merely present The persons liable are: Persons liable are:
at the meeting must be have a common intent to commit (1) the organizers or (1) the founders, directors
the felony of illegal assembly. The absence of such intent leaders of the meeting and president, and
may exempt the person present from criminal liability. (2) the persons present at (2) the members.
Thus, if a person happens to be present at an illegal meeting.
assembly out of curiosity, he is not liable.
Is it necessary that the meeting be in a “fixed place”?

Not really. A gathering or group, whether in a fixed
Assault Upon and Resistance and Disobedience
place or moving, is included in the word “meeting”. to Persons in Authority and Their Agents
Art. 148. Direct Assaults.
Art. 147. Illegal Associations
How is direct assault committed?
What are illegal associations? a. By employing violence or force with for the
They are: purpose of attaining any of the objectives of rebellion or
1. Associations totally or partially organized for the sedition except that the offenders are not numerous
purpose of committing any of the crimes punishable under enough to constitute public uprising (rebellion by a
the Code; handful). The offended party or victim need not be a public
2. Associations totally or partially organized for officer but may be a certain social class.
some purpose contrary to public morals. b. By attacking or laying hand upon a PA or an APA.
Aggravated when: (1) there is a weapon employed in the
What is the essence of illegal association? attack, or (2) offender is a public officer, or (3) the offender
The gravamen of the offense is the forming of an lays hands upon a PA. (PPL vs Abalos, July 1996)
organization, corporation, or association, for the purpose of
criminal activities prohibited by the RPC or by special laws What degree of force is necessary in direct assault?
against public morals or any act prejudicial to public If the offended party is only an APA, the force
welfare. employed must be of a serious character as to indicate
“Public morals” should be construed as a crime determination to defy the law and its representative at all
under special penal law because the preceding phrase hazards.
already refers to: “any of the crimes punishable under this If PA, force employed need not be serious.
Code.”
When the assault on the person in authority or his agents
Distinguish illegal associations from illegal assemblies. results to his death, what crime is committed?
The assault resulting in the killing of the PA or APA
Illegal Assembly Illegal Association gives rise to the complex crime of DA with murder or
homicide.
It is necessary that there is It is not necessary that
an actual meeting or there be an actual When is there Direct Assault, what is the general effect on
assembly of armed meeting. the number of felonies committed?
persons for the purpose of
committing any of the
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Generally, DA is complexed with other crimes But when a person in authority or his agent is in
resulting from the assault, e.g. DA with murder to be the actual performance of his official duty, the motive of
charged in one information only. But when the the offender is immaterial.
consequence of the act is slight physical injury, it is DA only
because the latter is the principal offense and the material What are the qualifying circumstances in direct assault?
result of the act (slight Phy Inj) cannot be separated from 1. When the assault is committed with a weapon;
the assault, as the defiant conduct against the law is the or
spirit behind the act. 2. When the offender is a public officer or
employee; or
What should the relation be of the assault on the person 3. When the offender lays hands upon a person in
in authority to the performance of his duty? authority.
At the time of such assault or intimidation or
resistance is made, the person in authority or his agent (1) The qualifying circumstance of laying hand in direct
is engaged in the actual performance of his official duty, or assault applies to whom?
(2) at least, the assault or intimidation is done by reason of The circumstance applies to a PA only as expressly
the past performance of said duty. provided by law. It does not include laying hand upon an
APA. Hence, physical violence such as pushing a PA qualifies
Can direct assault be committed during rebellion or the DA; this is not necessarily true to an APA.
sedition? Under Art. 151, resistance and disobedience to a
No. This crime cannot be committed in times of PA is always serious; whereas, to an APA, it may or may not
rebellion or sedition because DA requires that there is no be serious. The act of the offender is merely a reaction not
public uprising. Article 148 requires that the assault be an aggression required in DA.
“without a public uprising”.
When is laying of hands upon a public officer not Direct
Define (a) person in authority; and (b) agent of person in Assault?
authority. Exceptionally, if in the exercise of his function, the
Person in authority – any public officer vested with PA or APA acted illegally by overstepping the bounds of his
jurisdiction recognized by law and clothed with authority in authority, there is no DA because by so acting irregularly
law; whether individually or as a member of board or and illegally, he ceases to be a public officer. One is deemed
corporate body. a public officer only when acting within the scope of his
Agent of a person in authority – Any person who, authority.
by direct provision of law, by election or appointment by
competent authority is charged with the maintenance of
order and the protection and security of life and property
(councilman, or policeman, or any person who comes to the Art. 149. Indirect Assaults.
aid of a PA). Security guards are not included for they are
not public officials. Can a private person be an offended party in indirect
assault?
How do you determine whether a certain public officer is a Yes. It will be noted that Art. 149 states that the
person in authority? use of force or intimidation must be made “upon any
The powers and duties vested in him by law should person coming to the aid of the authorities or their agents.”
be determined. A private person who comes to the rescue of an
Is self-defense a defense in direct assault? authority or his agent enjoys the privileges of the latter, and
When a PA or APA is the one who provokes and any person who uses force or intimidation upon such
attacks another person, the latter is entitled to defend person under th circumstances id guilty of atentado
himself and cannot be held liable for assault or resistance (assault) under Art 149.
nor for physical injuries, because he acts in legitimate
defense. Art. 150. Disobedience to summons issued by the National
Assembly, its committees, subcommittees or divisions.
When is evidence of motive important in direct assault?
Evidence of motive of the offender is important What are the acts punished under art. 150?
when the person in authority or his agent who is attacked 1. By refusing without legal excuse, to obey
or seriously intimidated is not in the actual performance of summons of the National Assembly, its special or standing
his official duty. committees and subcommittees, the Constitutional
commissions and its committees, subcommittees or

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divisions, or by any commission or committee chairman or Public Disorders

member authorized to summon witnesses.
Art. 153. Tumults and other disturbances of public orders –
2. By refusing to be sworn or placed under
Tumultuous disturbances or interruption liable to cause
affirmation while being before such legislative or
disturbance.
constitutional body or official.
3. By refusing to answer any legal inquiry or to
What crimes comprise Art. 153?
produce any books, papers, documents, or records in his
a. Serious disturbance in any public place, office or
possession, when required by them to do so in the exercise
establishment
of their functions.
b. Interruption or disturbance of public
4. By restraining another from attending as a
performance, function, or gathering if the act is not covered
witness in such legislative or constitutional body.
by:
5. By inducing disobedience to a summons or
Art 131 – interruption of peaceful meeting or
refusal to be sworn by any such body or official.
Art 132 – interruption of religious worship
Note: the National Assembly is now the Congress of the
c. Making any outcry tending to incite to rebellion
PHils., consisting of the Senate and the House of
or sedition, displaying placards or emblems which disturb
Representatives.
public order; and
d. Burying with pomp of the body of a person
Art. 151. Resistance and disobedience to a person in
legally executed (death penalty)
authority or the agents of such person.
What is the crime denominated as Public Disorder?
When is resistance justified?
Public Disorder is a serious disturbance in a place
Exceptionally, if in the exercise of his functions, the
where performance of public function is being held, if the
PA or APA acted illegally by overstepping the bounds of his
disturbance is not covered by Art 131 and 132. IF the
authority, there is no DA because by so acting irregularly or
disturbance is not serious, the crime is alarms and scandals
illegally, he ceases to be a public officer. One is deemed a
under Art 155.
public officer only when acting within the scope of his
IF the offenders are armed, the disturbance is
authority.
designated tumultuous. “Arms” refers to clubs, stones, or
any means of fatal violence, not exclusively firearms.
Art. 152. Who are deemed as Persons in Authority and
agents of persons in authority.
What is meant by “outcry”?
To shout subversive or provocative words tending
When can one become an agent of a person in authority.
to stir up the people to obtain by means of force or violence
One must be charges with (1) the maintenance of
any of the objects of rebellion or sedition.
public order, and (2) the protection and security of life and
property.
Define the term “tumultuous”.
Any person who comes to the aid of person in
The disturbance or interruption shall be deemed to
authority is an agent of a person in authority.
be tumultuous if caused by more than three persons who
are armed or provided with means of violence.
When the offended is a civilian who aids a person in
authority or an agent of a person in authority, what crime
Acts of disturbance or interruption could result in what
or crimes are committed?
crimes?
When the civilian comes to the aid of a PA or an
The disturbance is either of public order (Article
APA he himself becomes an APA. Consequently, the
153) or inciting to rebellion or sedition (Art 138, 142). If the
assaults on him constitutes IA under Art. 149. Therefore for
person who makes statements tending to incite the
IA to be committed, there must be DA. Without DA, there
listeners to rise to rebellion or sedition had that original
can be no IA for there would be no occasion for the civilian
criminal intent, it is inciting to rebellion or sedition;
to extend aid to a PA or APA. Thus, two crimes were
otherwise, it is simply disturbance of public order.
committed – DA for the attack on the PA or APA and IA for
the attack on the aiding civilian.
Burying a person who was legally put to death constitutes
In fine, to be committed there must be:
what crime?
(1) Assault on the PA or APA (DA);
It constitutes a violation of Art 153 (last para).
(2) A civilian comes to the aid of the PA or APA on
“Legally” means that the offender was imposed the death
the occasion of the assault on them; and
penalty, the conviction was affirmed with finality by the
(3) The civilian who pro hac vice becomes an APA is
Supreme Court, and the convict was executed. This is
also assaulted.
penalized because by burying with pomp a person legally
CRIMINAL LAW II
executed, it shows the defiant attitude of the offender and a. Alarms and Scandals (Article 155) – offender
their lack of respect for the rule of law. discharges a firearm in public place but the firearm is not
RA 9346 had prohibited the imposition of the pointed to a particular person when discharged.
death penalty; thus, this crime can no longer be committed. b. Illegal discharge of firearm (Art 254) – the
firearm was directed to a particular person who was not hit
Art. 154. Unlawful use of means of publication and unlawful if intent to kill is not proved.
utterances. c. Attempted or frustrated homicide or murder –
the offended was hit with intent to kill, automatically, the
What are the acts punished as unlawful use of means of crime is at least attempted homicide or murder, frustrated
publication and unlawful utterances? if the wound is mortal. It has been held that when one uses
Acts punished as unlawful use of means of a weapon against another, intent to kill is inherent. Even if
publication and unlawful utterances: the offended was not hit, but it was proved that there was
(1) By publishing or causing to be published, by intent to kill, there is at least attempted homicide.
means of printing, lithography or any other means of d. Physical Injuries – if the person was injured but
publication, as news any false news which may endanger there was no intent to kill.
the public order, or cause damage to the interest or credit e. Threat – if the weapon is not discharged but
of the State. aimed at another. (Other light threat if drawn in a quarrel
(2) By encouraging disobedience to the law or to but not in self-defense.)
the constituted authorities or by praising, justifying or f. Grave coercion – if the threat was direct,
extolling any act punished by law, by the same means or by immediate and serious and the person is compelled or
words, utterances or speeches. prevented to do something against his will.
(3) By maliciously publishing or causing to be g. Illegal possession of firearm – if the firearm is
published any official resolution or document without unlicensed provided no other crime is committed by means
proper authority, or before they have been published of such firearm.
officially.
(4) By printing, publishing or distributing (or What is charivari?
causing the same) books, pamphlets, periodicals, or leaflets Charivari is a mock serenade where the offender
which do not bear the real printer’s name, or which are actually disturbs the peace by using can, pans, untensils,
classified as anonymous. etc. This brings about the crime of alarms and scandals. This
is equivalent to breach of the peace in municipal
Is actual disorder or actual damage to the credit of the ordinances.
state necessary in order to be liable for art. 154?
Note the phrase “which may endanger the public Creating noise and annoyance may bring about offenses?
order, or cause damage to the interest or credit of the a. Alarms and scandals – disturbing the public in
State.” general by playing or singing karaoke noisily during
It is not necessary that the publication of the false midnight in the neighborhood.
news actually caused public disorder or caused damage to b. Unjust vexation – if the noise is directed to a
the interest or credit of the State. particular person or family (light coercion under Art 287).
The mere possibility of causing such danger or
damage is sufficient. Art. 156. Delivery of prisoner from jail.
Art. 155. Alarms and Scandals. What is the liability of the prisoner who escapes?
If the prisoner removed or whose escape is made
What are the crimes penalized by art. 155 on alarms and possible by the commission of the crime of delivering
scandals? prisoner from jail IS A DETENTION PRISONER, such prisoner
a. Discharge of firearms, firecrackers, and other is NOT criminally liable.
explosives; A person is criminally liable for leaving the penal
b. Charivari; institution only when there is evasion of the service of his
c. Engaging in nocturnal amusement disturbing the sentence, which can be committed only by a convict by
public place; FINAL JUDGMENT.
d. Any disturbance or scandal in public places not
amounting to tumults. Who is the offender in art. 156. (Delivery of Prisoner from
Jail)?
What variant crimes can arise from discharge of firearm?
Evasion of Service of Sentence

CRIMINAL LAW II
Art. 157. Evasion of Service. Evasion lies in the failure to return, not in leaving
the penal establishment because leaving is encouraged in
Is Article 157 applicable to sentence executed by cases of disorders enumerated therein. This is shown by the
deportation? fact that there is premium for those who leave and
it is not applicable. thereafter return after the disorder ceases. Thus:
1. LEAVING WITHOUT RETURNING – 1/5 addition
What is the meaning of “escape” under art. 157? to the remaining sentence which should not be more than
Escape in legal parlance and for purposes of Article six months, that is, 1/5 of the balance of the sentence to be
93 and 157 of the RPC means unlawful departure of served or six months whichever is lesser
prisoner from the limits of his custody. 2. NOT LEAVING – no deduction, penalty as is
3. LEAVING AND THEREAFTER RETURNING WITHIN
IS art. 157 applicable when the penalty imposed is one of 48 HOURS – 1/5 deduction from his sentence as provided
“Destierro”? under Article 98:
Yes it is applicable. Special time allowance for loyalty. – A
deduction of 1/5 of the period of his sentence shall
What are the circumstances that will qualify the offense? be granted to any prisoner who, having evaded the
IF such evasion or escape takes place – service of his sentence under the circumstances
1. by means of UNLAWFUL ENTRY (should be mentioned in Artice 158 xxx.”
by scaling);
2. by BREAKING doors, windows, gates, walls, Art. 159. Other cases of evasion of service of sentence.
roofs or floors;
3. By using picklocks, false keys, disguise, Why is violation of conditional pardon an evasion of
deceit, violence or intimidation; or sentence?
4. Through CONNIVANCE with other It is evasion because when the prisoner accepted
CONVICTS or EMPLOYEES of the penal the condition, no matter how onerous , he must respect the
institution. condition. It is a contract between him and the President.
Otherwise, he is deemed to have accepted the conditional
pardon only to be relieved of the penalty.
Art. 158. Evasion of service of sentence on the occasion of Further, conditional pardon is extended on the
disorders, conflagrations, earthquakes or calamities. basis of good conduct in prison and the presumption that
the pardonee shall not commit an offense any more. If he
What is condition precedent for entitlement to the loyalty violates the condition of his pardon, it shows that he is not
time allowance provided in art 98 in relation to art. 158? after all a reformed convict.
To be entitled to the time allowance, the prisoner
must evade his sentence by leaving the institution. IF he Is violation of conditional pardon a substantive offense?
does not leave, he cannot belong to the class of convicts Violation of conditional pardon is NOT a
who, having evaded the service of their sentence by leaving substantive offense if the penalty remitted is more than 6
the penal institution give up within 48 hours. There is no years since the pardonee is merely made to serve the
assurance that had they left the penal institution, they balance of the penalty for the crime for which he was
would have returned voluntarily to take up the privations of pardoned. But if the penalty remitted is six years or less, it is
prison life impelled by the sense of loyalty to the substantive offense for there is a new penalty for the
Government which ought to be rewarded with a special violations.
allowance.
What are the two penalties provided for in art. 159 and
What calamities are covered in art. 158? when are they applicable?
Art 158 covers disorders resulting from a. Prision correccional in its minimum period – if
conflagrations, earthquake, explosion, or similar the penalty remitted does not exceed six years.
catastrophe (such as lahar flow, volcanic eruption, b. The unexpired portion of his original sentence –
landslide) , and mutiny. if the penalty remitted is higher than 6 years.
Only circumstances of a nature similar to those
previously enumerated shall be covered by the general If the prisoners is (1) detention prisoner or (2) convict
term “similar catastrophe”. (ejusdem generis) serving final judgment, what crime is committed?
How is evasion committed in art. 158?

CRIMINAL LAW II
Distinguish violation of conditional pardon from evasion of

service of sentence.
Violation of conditional pardon does not cause

harm or injury to the right of other person nor does it
disturb the public order; it is merely an infringement of the
terms stipulated in the contract between the Chief
Executive and the criminal.
Evasion of the service of sentence is an attempt at

least to evade the penalty inflicted by the courts upon
criminals and thus defeat the purpose of the law of either
reforming or punishing them for having disturbed the public
order.
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 – penalty.
What is quasi-recidivism?
It is the commission by the convict of another

FELONY before beginning to serve sentence or while serving
the same. The crime must be a felony although not
necessary that it be the same as the original felony. The first
crime may or may not be a felony. The liability is besides
that for habitual delinquency. Its effect is to impose on the
offender the maximum period of the penalty prescribed by
law for the new felony plus the penalty for habitual
delinquency if applicable.
Quasi –recidivism is a special aggravating

circumstance where a person after having been convicted
by final judgment, shall commit a new felony before
beginning to serve such sentence, or while serving the
same. He shall be punished by the maximum period of the
penalty prescribed by law for the new felony.
Distinguish quasi-recidivism from reiteracion.
The aggravating circumstance of “reiteracio”

requires that the offender against whom it is considered
shall have SERVED OUT his sentences for the prior offenses.
Here, all the accused were yet serving their respective
sentences at the time of the commission of the crime of
murder. The special aggravating circumstance of quasi-
recidivism was correctly considered against all the accused.

CRIMINAL LAW II
No. The name of the crime committed is “forging the

signature of the Chief Executive” under Art 161.
Art. 162. Using forged signature or counterfeir seal or

stamps.
When the offender in this article is the forger, is he liable

under this article?
The offender should not be the one who forged the

great seal or signature of the Chief Executive. Otherwise, he
will be liable under Art. 161.
Art. 163. Making and importing false coins.
Define “coin”.
Coin is a piece of metal stamped with certain marks and

made current at a certain value. (Bouvier’s Law Dictionary,
519)
Title IV: Crimes Against Public When is a coin false or counterfeit.
Interest
A coin is false or counterfeited, if it is FORGED or if it is
FORGERIES AND COUNTERFEITS NOT AUTHORIZED BY THE GOVERNMENT AS LEGAL
Art. 161. Counterfeiting the great seal of the government of TENDER, regardless of its intrinsic value.
the Philippine Island, forfing the signature of the Chief
Executive COUNTERFEITING – the imitation of a legal or genuine
coin. It may contain more silver than the ordinary coin.
What are the acts of forgeries under art. 161?
Define “import” and “utter”.
1. Forging the Great Seal of the Government of the
Philippines. To IMPORT fake coins means to bring them into port.
2. Forging the signature of the President. The importation is complete BEFORE entry at the Customs
3. Forging the stamp of the President. House.
Who has custody and use of the great seal? To UTTER is to pass counterfeited coins. It includes the
delivery or the act of giving them away. A counterfeited
The Great Seal shall and remain in the in the custody of
coin is uttered when it is paid, when the offender is caught
the President of the Philippines, and shall be affixed to or
counting the counterfeited coins preparatory to the act of
placed upon all commissions signed by him, and upon such
delivering them, even though the utterer may not obtain
other official documents and papers of the Republic of the
the gain he intended.
Philippines as may by law be provided, or as may be
required by custom and usage in the discretion of the When former coins which had been withdrawn from
President of the Philippines. circulation are counterfeited. Will one be liable under art.
164?
When in a state document the signature of the president
is forged, will the forger be liable for falsification of public YES. The reason for punishing the fabrication of a coin
document? withdrawn from circulation is not alone the harm that may
be caused to the public in case it goes into circulation again,

CRIMINAL LAW II
but the possibility that the counterfeiter may later apply his 1. POSSESSION of coin, counterfeited or mutilated by
trade to the making of coins in actual circulation. another person, with intent to utter the same,
knowing that it is false or mutilated.
Art. 164. Mutilation of coint – importation and utterance of ELEMENTS:
mutilated coins.
a. Possession,
What are the acts punished under art. 164? b. With intent to utter, and
c. Knowledge
1. Mutilating coins of the legal currency, with the 2. ACTUALLY UTTERING such false or mutilated coin,
further requirement that there be INTENT TO knowing the same to be false or mutilated.
DAMAGE or to defraud another. ELEMENTS:
2. Importing or uttering such mutilated coins, with a. ACTUALLY UTTERING, and
the further requirement that there must be b. KNOWLEDGE
CONNIVANCE with the mutilator or importer in
case of uttering. What is constructive possession?
Distinguish counterfeit coin from mutilated coin. - it is the subjection of the thing to one’s control,
actual control.
Counterfeit Coin Mutilated Coin
Forged, not authorized by A coin of legal tender Is constructive possession covered by this article?
the Government as legal (genuine, not been
tender, regardless of its withdrawn from YES. Possession in general, prohibited under Art 165
intrinsic value. circulation) mutilated not covers not only actual, physical possession but also
for the sake of mutilating constructive possession.
but to take advantage of
the metal abstracted and In possession of or uttering false coins. Is it required that
appropriates a part of the the counterfeit coin be a legal tender?
metal of the coin. Hence,
the coin diminishes in NO. A person in possession of, with intention to put into
intrinsic value.
circulation, a FALSE five-dollar gold coin, an imitation of the
COUNTERFEITING – the MUTILATION – to take off
imitation of a legal or part of the metal either by genuine one of the US is liable under Art. 165, even if such
genuine coin which may filing it or substituting it for gold coin is no longer legal tender in the US, and much less
contain more silver than another metal of inferior in the Philippines. Art. 165 does not require that the coin be
ordinary coin. quality. To diminish by of legal tender.
ingenuous means the
metal in the coin.
Art. 166. Forging treasury or bank noted or other documents
payable to bearer; importing and uttering such false or
forged notes and documents.
Define mutilation and utterance.
What are the three acts penalized under art. 166?
MUTILATION- see above
1. FORGING OR FALSIFICATION of treasury or bank notes
UTTERANCE – the act of delivering or giving away
or other documents payable to bearer.
counterfeited or mutilated coins with CONNIVANCE with
the mutilator or importer. 2. IMPORTATION of such false or forged obligations or
notes.
Art. 165. Selling of fasle and mutilated coin without
connivance. 3. UTTERING of such false or forged obligations or notes
in connivance with the forgers or importers.
What are the acts punished under this article?
How are forging and falsification committed?

CRIMINAL LAW II
FORGING is committed by giving to a treasury or bank note If the document is PAYABLE TO BEARER, there is no
or any instrument payable to bearer or to order the doubt that it may be issued by a foreign government or
appearance of a true and genuine document. bank. (Art 166 para 3 and 4 shall cover)
FALSIFICATION is committed by erasing, substituting, Is connivance between the forger and utterer a requisite
counterfeiting, or altering by any means, the figures, letters, for liability under Art. 167?
words, or signs contained therein.
IN case of uttering, connivance with the forger or importer
What is the meaning of “importation” under this article? is a requirement. But the utterer should not be the forger, if
the utterer is the one who forged the instrument payable to
IMPORTATION OF FALSE OR FORGED OBLIGATIONS OR order, connivance IS NOT REQUIRED, for he can be held
NOTES means to bring them into the Philippines, which liable as a forger of the instrument.
presupposes that the obligations or notes are forged or
falsified in a foreign country. Art. 168. Illegal possession and use of false treasury or bank
notes and other instruments of credit.
What are the notes and other obligations and securities
that can be forged or falsified under Art. 166? ELEMENTS:
1. Treasury or bank notes 1. That any treasury or bank note or certificate or

2. Certificates, and other obligation and security payable to bearer or
3. Other obligations and securities, payable to bearer. any instrument payable to order or other
document of credit not payable to bearer is forged
What is the meaning of “obligation or security” of the or falsified by another person.
Philippines? 2. That the offender knows that any of those
instruments is forged or falsified.
The words “obligation or security xxx of the Philippine
3. That he performs ANY of these acts—
Islands” shall be held to mean all –
a. USING any of such forged or falsified
a. bonds
instruments; or
b. certificate of indebtedness
b. POSSESSING with INTENT TO USE any of such
c. national bank notes
forged or falsified imstruments.
d. coupons
e. treasury notes
Art. 169. How forgery is committed.
f. fractional notes
g. certificate of deposits When is forgery not subject to prosecution?
h. bills
i. checks The subject of forgery SHOULD BE treasury or bank
j. drafts for money, and notes. IF the subject of forgery were a DOCUMENT OTHER
k. other representatives of value issued under any Act of THAN these, the crime would be FALSIFICATION and not
Congress forgery.
Art. 167. Counterfeiting, importing and uttering instruments

not payable to bearer? FALSIFICATION
1. Falsification of legislative document (Art 170)
Does this article cover instrument or other documents of 2. Falsification of a document by a public officer,
credit issued by a foreign government or bank? employee or notary public (Art 171)
3. Falsification of a public or official, or commercial
YES. it is believed that it includes such instruments or
document by a private individual. (Art 172, par.1)
documents of credit, because the act punished includes
4. Falsification of a private document by any person.
that of importing, without specifying the country or
(Art 172, par. 2)
government issuing them.
CRIMINAL LAW II
5. Falsification of wireless, telegraph and telephone 4. In case the offender is an ecclesiastical minister, the act
messages. (Art 173) of falsification is committed with respect to any record or
document of such character that its falsification may affect
Art. 170. Falsification of legislative documents. the civil status of persons.
Distinguish forgery from falsification. Art. 172. Falsification by private individuals and use of
falsified documents .
FORGERY as used in Art 169 refers to the falsification and
counterfeiting of treasury or bank notes or any instruments What is penalized in falsification of public documents?
payable to bearer or order.
The law punish the violation of the faith or trust of the
FALSIFICATION is the commission of any of the eight acts public and the destruction of the truth as solemnly
mentioned in Art 171 on legislative (only the act of making proclaimed in the document. The revocation of a falsified
alteration), public or official, commercial, or private document is immaterial to the guilt of the one charged with
documents, or wireless, or telegraph messages. falsification. Consequently, damage or intent to cause
damage is immaterial.
FORGING AND FALSIFICATION are crimes under FORGERIES.
The document falsified need not be an authentic official
Art. 171. Falsification by public officer, employee or notary paper since its simulation, in fact, is the essence of
public or ecclesiastical minister.
falsification.
ELEMENTS:
What is a document?
1. That the offender is a PUBLIC OFFICER, EMPLOYEE
A DOCUMENT is any writing capable of creating rights or
OR A NOTARY PUBLIC.
extinguishing obligations. It is one that can prove, evidence
2. That he TAKES ADVANTAGE of his official position.
or set forth some disposition or agreement. Admissible in
3. That he FALSIFIES a document by committing any
court as evidence.
of the following acts:
a. COUNTERFEITING or imitating any handwriting, Writing must be complete, otherwise, no falsification
signature or rubric. because this crime can be committed only with respect to
b. Causing to APPEAR that persons have documents and an incomplete or unfilled-up form is not
PARTICIPATED in any act or proceeding when document. The crime in this case may only be possession of
they did not in fact so participate. supplies and materials which may be used in falsification
c. Attributing to persons who have participated in under Art 176.
an act or proceeding statements other than
those in fact made by them. Must there be a genuine document in falsification?
d. Making untruthful statements in a narration of
Yes. In falsification by (1) making alteration or intercalation,
facts.
or (2) including in a copy a different statement, there must
e. ALTERING true dates.
be a GENUINE DOCUMENT that is falsified, as well as in para
f. MAKING any alternation or intercalation in a
6,7 (2nd part), and 8 of Article 171.
genuine document which changes its meaning.
g. Issuing in authenticated form a document In the other paragraphs of Art. 171, falsification may be
purporting to be a copy of an original document committed by simulating or fabricating a document.
when no such original exists, or including in
such copy a statement contrary to, or different What are the requisites of counterfeiting under par. 1 of
from, that of the genuine original. Art. 171?
h. INTERCALATING any instrument or note relative
ELEMENTS of falsification of public, official, or commercial
to the issuance of thereof in a protocol, registry
document by a private individual:
or official book.
CRIMINAL LAW II
1. That the offender is a private individual or a public Although generally not an element of falsification, DAMAGE
officer or employee who did not take advantage of is material in determining whether there is intent to
his official position. commit the crime of falsification.
2. That he committed any of the acts of falsification
enumerated in Article 171. What are the four kinds of documents?
3. That the falsification was committed in a PUBLIC or
OFFICIAL or COMMERCIAL DOCUMENT. a. PRIVATE – a deed between private individuals by
which something is proved, evidenced or set forth
What is feigning? and for which a notary public or authorized person
has not intervened. A private document becomes
(Imitating) In feigning, there is no original signature, public it had been notarized or made part of the
handwriting or rubric, but a forgery of a signature, public record.
handwriting or rubric that does not exist. b. PUBLIC – a private document that has been
notarized; one that has become part of the public
To feign means to represent by a false appearance; to give a
record.
mental existence to; to imagine.
c. OFFICIAL – its issuance is mandated by law and in
If a person used a falsified document what should be the the performance of official duty.
proper charge against him? d. COMMERCIAL – one that is prepared in accordance
with mercantile laws.
A public document starts as a private document,

What is the essence of the crime of falsification? whereas an official document is from the start an
official document.
What are the elements of use of falsified documents under
art. 172? What is the effect when the document falsified is (a) a
private document and (b) a public document?
The elements of using a falsified document in sny
transaction (other than as evidence in a judicial proceeding) If PRIVATE DOCUMENT was falsified to commit estafa, even
under the last para of Art 172 are: if it were the means to commit the estafa, there is no
complex crime of estafa with falsification because DECEIT is
a. Offender knew that a document was falsified by
the common element of both. One and the same deceit or
another person
damage cannot give rise to more than one crime. IT is either
b. The false document is embraced in Art 171 or in
estafa or falsification.
any of subdivision Nos. 1 and 2 of Art 172
c. He used such document (not in judicial If PUBLIC, OFFICIAL, or COMMERCIAL DOCUMENT was
proceedings); and falsified to commit estafa, a complex crime is committed,
d. That the use of false document caused damage to because damage is not an element of falsification of these
another or at least it was used with intent to cause documents.
such damage.
IF the crime was USE OF FALSIFIED DOCUMENT, the nature
IN what instance will falsification not bring about criminal of the document is NOT CONTROLLING. In this crime, the
liability?
purpose for knowingly using falsified document is essential.
Where the intent to pervert the truth is absent. Intentional
falsification requires CRIMINAL INTENT to falsify. Lack of But if the document is presented in court, even if rejected,
criminal intent is shown by the following circumstances: the mere offer thereof is criminal.
a. Accused did not benefit out of falsification, and
b. No damage has been caused either to the IN falsification of private documents what will determine
government or third person. whether the crime committed is estafa or falsification?

CRIMINAL LAW II
The view has been advanced that the criteria to determine Misstatements or erroneous assertion in a public document
whether the crime is estafa only or falsification only is that: will not give rise to falsification as long as he acted in good
IF THE FALSIFICATION OF THE PRIVATE DOCUMENT was faith and no one was prejudiced by the alteration or error.
essential in the commission of estafa because without the Art. 173. Falsification of wireless, cable, telegraph and
falsification, estafa cannot be committed, the crime is telephone messages and use of said falsified messages.
FALSIFICATION; estafa becomes the consequence of the
crime. What are the three acts punished under Art. 173?
1. Uttering fictitious wireless, telegraph or
IF the estafa can be committed even without resorting to telephone message.
2. Falsifying wireless, telegraph or telephone
falsification which was done only to facilitate estafa, the
message.
main crime is ESTAFA; falsification is merely incidental, 3. Using falsified message.
since even without falsification, estafa can be committed.
Can a private individual be a principal by direct
What is the presumption on the possession and use of participation in falsification of telegraphic dispatches?
falsified documents? No. A private individual cannot commit the crime of
falsification of telegraphic dispatches by direct participation
The possessor and user of a falsified document are (only as principal by inducement), unless he is an employee
presumed to be the falsifier thereof. No falsifier falsifies in of a corporation engaged in the business of sending or
the open. It could be easily be consummated only by the receiving wireless, telegraph or telephone messages.
falsifier alone or in the confidence of persons in connivance
with him. Art 174. False medicalcertificates, false certificate of merit
or service and the like.
In falsification by making untruthful statements in a
narration of facts, what requisites must concur? Define certificate.
a. That the offender makes in a document Any writing by which testimony is given that a fact has or
untruthful statements in a narration of facts; has not taken place.
b. He has a legal obligation to disclose the truth of
the facts narrated by him; and Who are the persons liable for falsification of certificates?
c. The facts narrated by the offender are absolutely 1. Physicians or surgeon – who, in connection with the
false. practice of his profession, issued a false certificate. (It must
refer to the illness or injury of a person)
What is the presumption when a document is a public False Medical Certificate by a Physician
documents? 2. Public Officer – who issued a false certificate of merit or
It is PRIMA FACIE evidence of the facts stated therein. The service, good conduct or similar circumstances.
same can only be rebutted by other competent evidence False Certificate of Merit or Service by a Public Officer
and cannot be overcome by the testimony of a single 3. Private individual – who falsified a certificate falling in
witness. the classes mention in No. 1 and No. 2.
-clothed with the presumption of regularity, False Medical Certificate by a Private Individual
particularly/especially if it was not objected to by the False Certificate of Merit or Service by a Private Individual
complainant.
Art. 175. Using false certificates.
In falsification under par. 2 of art. 171, should the
document be an authentic official paper?
NO. Para 2 states : “ Causing it to appear that persons have
participated in any act or proceeding when they did not in Art. 176. Manufacturing and possession of instruments or
fact so participate.” The document need not be an implements for falsification.
authentic official paper since its simulation, in fact, is the
ESSENCE of falsification. So, also the signatures appearing What are the acts punished under Art. 176?
thereon need not necessarily be forged. 1. Making or introducing into the Philippines any
stamps, dies, marks, or other instruments for counterfeiting
Is good faith a defense in falsification? or falsification.
YES. There is no falsification of a public document if the acts
of the accused are consistent with good faith.

CRIMINAL LAW II
2. Possessing with intent to use the instruments or False testimony is committed by a person who, being under
implements for counterfeiting or falsification made in or oath and required to testify as to the truth of a certain
introduced into the Philippines by another person. matter at a hearing before a competent authority, shall
deny the truth or say something contrary to it.
IS constructive possession punishable under this article?
Yes. The possession prohibited under this article (as well as What is the nature of the crime of false testimony?
in Art 165) is possession in general, that is not only actual, (committed in riminal proceedings only) Falsehood is ever
physical possession, but also constructive possession or the reprehensible; but it is particularly odious when committed
subject of the thing to one’s control. in judicial proceedings, as it constitute an imposition upon
the court and seriously exposes it to a miscarriage of
OTHER FALSITIES justice.
Art. 177. Usurpation of authority or official functions.
If the witness testimony is not considered by the court,
What are the forms of usurpation in art 177? will he still be liable for false testimony?
1. By knowingly and falsely representing oneself to Yes. Reason: Since the law punishes the false witness even
be an officer, agent or representative of any department or if the defendant in the principal case is acquitted, it would
agency of the Philippine Government or any foreign seem that the law intends to punish the mere giving of false
government. testimony.
2. BY performing any act pertaining to any person
in authority or public officer of the Philippine Government Art. 181. False testimony favorable to a defendant.
or of a foreign government or any agency thereof, under
pretense of official position, and without being lawfully
entitled to do so.
Art. 182. False testimony in civil case.
Art. 178. Using fictitious name and concealing true name.
When the testimony is given in a special proceeding, will
What is fictitious name? the witness be liable for art. 182?
Any other name which a person publicly applies to himself No as Art. 182 applies only to ordinary civil cases, as
without authority of law. contemplated in Section 1 Rule 2 of the Rules of Court, and
does not apply to special proceedings.
Will the use of another name in a particular instance
constitute use of an alias? Art. 183. False testimony in other cases and perjury in
No. An alias is a name used by a person or intended to be solemn affirmation.
used by him publicly and habitually, usually in business
transactions in addition to his real name by which he is What are the two ways of committing perjury?
registered at birth or baptized the first time or substitute 1. By falsely testifying under oath (should not be in
name authorized by a competent authority. a judicial proceeding); and
2. BY making a false affidavit.
 user must have the intention or the indication that
he intends to be known by the name as his second What are the elements of perjury?
name or in addition to his real name. 1. That the accused made a statement under oath
or executed an affidavit upon a material matter.
Art. 179. Illegal use of uniforms and insignia. 2. That the statement or affidavit was made before
a competent officer, authorized to receive and administer
Is exact imitation of a uniform or dress necessary for one oath;
to be liable under art. 179? 3. That in that statement or affidavit, the accused
No. A colorable resemblance CALCULATED TO DECEIVE the made a willful and deliberate assertion of a falsehood; and
common run of people – not those thoroughly familiar with 4. That the sworn statement or affidavit containing
every detail or accessory thereof – is sufficient. the falsity is required by law.
FALSE TESTIMONY What is subordination of perjury?

It refers to the act of procuring a false witness to testify and
Art. 180. False testimony against a defendant.
thereby commit perjury. It is the act of the procurer. The
false witness must first be convicted of perjury before the
What is false testimony?
suborner may be prosecuted for subordination.

CRIMINAL LAW II
2. By attempting to cause bidders to stay away from an

What is an oath? auction by threats, gifts, promises or any other artifice.
What is the purpose of public auction?
Any form of attestation by which a person signifies that he Public auction is fraught with public interest
is bound in conscience to perform an act faithfully and because its purpose is to give the best price to the public. IF
truthfully. Calling on God to witness what is avejrred as a person would manipulate to lower the price attainable,
truth, and is supposed to be accompanied with an this crime is committed.
invocation of His vengeance, or renunciation of His favor, in
the event of falsehood. Mere conspiracy or agreement is the essence of
the crime. Where prime commodities are involved, it is
What is an affidavit? enough that initial steps be taken that would bring about
is a sworn statement in writing; a declaration in writing, monopoly or restraint of trade.
made upon oath before an authorized magistrate or officer.
Managers who despite knowledge of the plan do
What is meant by material matter?
It is the main fact which is the subject of the inquiry or any not prevent the same are liable bec their silence can be
circumstance which tends to prove that fact, or any fact or presumed approval as they will benefit therefrom.
circumstance which tends to corroborate or strengthen the
testimony relative to the subject of inquiry, or which What is the test of unfair competition?
legitimately affects the credit of any witness who testifies.
The test is whether certain goods have been
Distinguish “material”, “relevant” and “pertinent”. clothed with an appearance which is likely to deceive the
The matter is … ordinary purchaser exercising ordinary care. If the goods
allegedly original branded products are so crudely made
“material” “relevant” “pertinent”
and the price so low it is obvious that these are imitation,
when it is when it tends in When it the ordinary purchaser cannot possibly be deceived , there
directed to prove any reasonable concerns is no unfair competition. (Louis Vuitton S.A. vs. Villanueva,
a fact in issue. degree to collateral
November 1992)
establish the matters which
probability or make more or
improbability of less probable Art. 186. Monopolies and combinations in restraint of trade.
a fact in issue. the proposition
at issue. What are the acts punishable under art. 186?
When the offense is committed by a corporation or

Is good faith or lack of malice a defense in perjury? association who are liable?
Yes.
Are two contradictory sworn statements sufficient to Art. 187. Importation and disposition of falsely marked
convict a person of perjury? articles or merchandise made of gold, silver, or other
No. The prosecution must prove which of the two precious metals of their alloys.
statements is false, and must show that statement to be
false by other evidence than the contradictory statement. Does art. 187 apply to manufacturer of misbranded
articles made of gold, silver, etc?
Art. 184. Offering false testimony in evidence.
No. The manufacturer who alters the quality or fineness of
anything pertaining to his art or business is liable for estafa
FRAUDS under Article 315, subdivision 2(b), of the Code.
Art. 185. Machinations in public auctions.

Art. 188-189. Expressly repealed by RA 8293.
What are the two acts punishable under art. 185?
R.A. No. 8293, otherwise known as the Intellectual Property
1. By soliciting any gift or promise as consideration for
refraining from taking part in any public auction. Code of the Philippines, repealed the provisions of Article
315, RPC which are inconsistent therewith.

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Title V : expressly repealed by RA impure; or whether it is naturally calculated to excite

impure imaginations.
6425 as amended by RA 9165
Art. 202. Vagrants and prostitutes.
Title VI : Crimes Against Public
Who are vagrants?
Morals
Those who loiter around public or private places without
Articles 195-199. Repealed and modified by PD 449, 483 any visible means of support but who are physically able to
and 1602. work and do not apply themselves to some lawful calling,
such as able-bodied beggars. Vagrants include ruffians and
OFFENSES AGAINST DECENCY ANND pimps who habitually associate with prostitutes.
GOOD CUSTOMS What is prostitution?
Art. 200. Grave Scandal. It is any lascivious or lewd act habitually done for profit by a
woman. Its elements are:
What is Grave Scandal? a. The offender is a woman;
b. She habitually indulges in sexual intercourse or
Grave scandal is any highly scandalous act offensive to lascivious conduct; and
morals and good customs committed publicly or within the c. She does so for money or profit.
knowledge and view of the public. The offense must be
Compare the provision of articles 201 and 202 with the
directed to the sense of decency or good customs and not
provision of RA 9208?
on property.
In Art. 202, prostitutes are held to be criminally liable.
Note Sec. 17, RA 9208: Persons trafficked (including

prostitutes) are exempt from criminal liability.
What is meant by “decency” and “custom”
Note also: Under RA 9208, persons who hire trafficked
DECENCY CUSTOMS persons are criminally liable. Not so in Art 202 RPC.
Means propriety of Means established usage,
conduct; proper social conventions carried
observance of the on by tradition and
requirements of modesty, enforced by social Title VII: Crimes Committed by
good taste, etc. disapproval of any Public Officers
violation thereof.
Art. 208. Prosecution of offenses; negligence and tolerance.
Art. 201. Immoral doctrines, obscene publications and Who is the offender under art. 208?
exhibitions and indecent shows. Either (a) a public officer, or (b) an officer of the law
What is the test of obscenity? (b) – includes all those who, by reason of the position held
The test is whether the tendency of the matter charged as by them, are duty-bound to cause the prosecution and
punishment of the offenders.
obscene, is to deprave or corrupt those whose minds are
(a) – extends to officers of the prosecution department,
open are open to such immoral influences, and into whose whose duty is to institute criminal proceedings for felonies
hands such a publication may fall and also whether or not upon being informed of their perpetration.
such publication or act shocks the ordinary and common
sense of men as an indecency. What are the acts punishable under this article?
1. By maliciously refraining from instituting prosecution
against violators of the law
Is nudity in paintings or pictures considered obscene?
2. By maliciously tolerating the commission of offense.
No. As regards to such pictures, the proper test is whether
the motive of the picture, as indicated by it, is pure or

CRIMINAL LAW II
What are the elements of dereliction of duty in the cannot be consummate. It cannot thus be in the frustrated
prosecution of offenses? stage.
1. That the offender is A PUBLIC OFFICER OR
OFFICER OF THE LAW who has a duty to cause the
prosecution of, or to prosecute, offenses. What are the kinds of bribery?
2. That there is a dereliction of the duties of his 1. DIRECT BRIBERY – the public officer will do an act which
office; that is, knowing the commission of the crime, HE may or may not constitute a crime, or refrain from doing
DOES NOT cause the prosecution of the criminal or knowing what he should do in consideration of what he will receive.
that a crime is about to be committed, he tolerates its The kinds of direct bribery (art. 210) are:
commission. a. 1st para : the act constitutes a crime wherein
3. That the OFFENDER acts with MALICE and mere agreement consummates direct bribery (“shall agree
DELIBERATE INTENT to favor the violator of the law. to perform an act constituting a crime.”
b. 2nd para : the act agreed upon does not
Art. 209. Betrayal of trust by an attorney or solicitor- constitute a crime; here the officer must accept the gift,
revelation of secrets. mere agreement will not suffice (“gift was accepted by the
officer”) Under this para:
Are all information received by counsel from client (1) IF the act is executed: penalty is the
classified as privilege? same as in the 1st para
No. A distinction must be made between confidential (2) If the act is not accomplished: penalty
communications relating to past crimes and future crimes is lower
intended to be committed, by the client. The announced c. 3rd para : nonfeasance: the officer refrains from
intention of a client to commit a crime is not included doing what he is obliged to perform.
within the confidences which his attorney is bound to 2. INDIRECT BRIBERY – the public officer does not have to
respect. If the client seeks to his lawyer’s advice with do anything in consideration of what he receives. The gift is
respect to a crime that he has theretofore committed, he is given to him by reason of his office without more.
given the protection of a virtual confessional seal which the 3. QUALIFIED BRIBERY – a law enforcement officer refrains
attorney-client privilege declares cannot be broken by the from arresting or prosecuting an offender who commits an
attorney without the client’s consent. Said privileged offense penalized with reclusion perpetua and/or death.
confidentiality, however, does not attach with regard to a
crime which a client intends to commit in the future and for When the act constitutes a crime and the same was
purposes of which he seeks the lawyer’s advice. accomplished, what should the penalty be to offender?
Statements and communications regarding a crime already The penalty shall be for the bribery and for the crime
committed, made by a party who committed it, to an committed. IT is necessary to determine whether or not the
attorney, consulted as such are PRIVILEGED act to be performed will amount to a crime. IF so, the mere
COMMUNICATIONS. agreement on the part of the officer will consummate direct
Communications having to do with the client’s bribery (and corruption of public officer). If he were able to
contemplated criminal acts, or in aid of furtherance thereof, perform the act, he commits not only direct bribery but also
are not covered by the cloak of privileges ordinarily existing the crime brought about the act.
in reference to communications between attorney and Bribery cannot be committed without the corresponding
client. crime of corruption of public officer. Once there is
consummated bribery, there is the crime of corruption.
Art. 210. Direct Bribery.
What are the essential elements of direct bribery?
1. Accused is a public officer defined by Art. 203.
Art. 211. Indirect Bribery. To be a public officer, one must be—

(1) Taking part in the performance of public functions in
What is bribery? the government,
Bribery is the crime of the public officer who receives a gift, Performing in said Government or any of its branches
present, offer or promise by reason or in connection with public duties as an employee, agent or subordinate
the performance of his official duties. It is the crime of the official, of any rank or class; and
receiver. The crime of the GIVER is CORRUPTION OF PUBLIC (2) That his authority to take part in the performance of
OFFICERS. Bribery requires the concurrence of the will of public functions or to perform public duties must be –
the corruptor and the public officer otherwise, the crime (a) by direct provision of the law, or
(b) by popular election, or

CRIMINAL LAW II
(c) by appointment by competent authority. Art. 212. Corruption of public officials.
When a public officer refused to be corrupted, what crime

2. He RECEIVED by himself or thru another, some is committed?
gift or present, offer or promise; It is ATTEMPTED CORRUPTION OF A PUBLIC OFFICIAL. There
3. Such gift, present or promise has been given in is no frustrated corruption and frustrated bribery because
consideration of his commission of some crime or any act these crimes involve concurrence of the will of the
not constituting a crime; and corruptor and the public officer. Hence, once they agreed,
4. The crime or act relates to the exercise of his the crime is immediately consummated. If the public officer
functions. refused to be corrupted, the corruption is merely
attempted but there is no bribery on the part of the officer
What is indirect bribery? who refused to be corrupted.
It is the crime of any public officer who shall accept gifts
offered to him by reason of his office. In indirect bribery, Under PD 749 (Granting immunity to givers of bribes) what
the officer is not to do anything in consideration of what he are required to invoke immunity from prosecution?
may receive. Mere acceptance of the gift because of his The corruptor may invoke immunity from prosecution by
position constitutes indirect bribery. But if after receiving doing two things;
the gift, he does any act in favor of the giver, it ceases to be 1. Voluntarily giving information to the
indirect but becomes direct bribery. government of any corrupt transaction of an officer in
Anonymous gifts- to be held liable, officer must do acts violation of the RPC or any anti-graft law.
showing that he accepts the gift. 2. Testifying in the case that may be subsequently
be filed against the public officer involved.
How is indirect bribery committed?
It is not necessary that the officer should do any particular And complying with five conditions, viz. :
act or even promise to do an act, as it is enough that he 1. The information must refer to a consummated violation.
accepts gifts offered to him by reason of his office. 2. The information and testimony (IT) are necessary to bring
about prosecution and punishment.
What are the distinctions between direct and indirect 3. These IT should not yet be in possession of the
bribery? government.
4. The IT can be corroborated in their material points.
DIRECT BRIBERY INDIRECT BRIBERY 5. The informant or witness has not been convicted for any
crime involving moral turpitude.
The public officer must do There is no such
or omit the doing of requirement.
The immunity shall refer only to the transaction where the
something in consideration
IT relates. It will not apply to any other transaction he had
of the gift.
with the public officer.
Mere agreement The public officer must
consummates the crime if accept the gift to FRAUDS AND ILLEGAL EXACTIONSAND
the act agreed upon consummate the crime of TRANSACTIONS
amounts to a crime. indirect bribery. Art. 213. Frauds against public treasury and similar offenses.
Who is the offender in illegal exaction under art. 213 par.

2?
Art. 211-A. Qualified Bribery. Illegal exaction under the second paragraph of Article 213
can only be committed by a collecting officer or a public
What are the elements of qualified bribery? officer whose official duty is to collect payments due to the
1. That the offender is a public officer entrusted with law government. The crime committed is aside from
enforcement; malversation of funds and pertains to the violation of the
2. That the offender refrains from arresting or prosecuting rules and regulations pertaining to collection such as
an offender who has committed a crime punishable by issuance of official receipts.
reclusion perpetua and/or death;
3. That the offender refrains from arresting or prosecuting What are the ways of committing illegal exaction?
the offender in consideration of any promise, gift or 1. Demanding an amount different from what the
present. law authorizes;
2. Failing voluntarily to issue receipt;
CRIMINAL LAW II
3. Collecting or receiving as payment things of officer may place his own interest above that of the
nature different from that required by law. government or party which he represents.
When there is deceit in demanding greater fees than those MALVERSATION OF PUBLIC FUNDS OR
prescribed by law, what crime is committed?
PROPERTY
Estafa and not illegal exaction.
Art. 217. Malversation of public funds or property –
Art. 214. Other frauds. presumption of malversation.
Elements: What is embezzlement?

(1) That the offender is a public officer
otherwise known as malversation.
(2) That he takes advantage of his official position
(3) That he commits any of the frauds or deceits What are the elements of malversation?
enumerated in Art 315 to 318. (estafa, other forms of
swindling, swindling a minor and other deceits) a. The offender is a public officer;
Art. 215. Prohibited transaction. b. He has custody or control of funds or property by reason
of the duties of his office;
Elements:
c. The funds or property involved are public funds or
(1) That the offender is an APPOINTIVE public officer.
property for which he is accountable; and
(2) That he becomes INTERESTED, DIRECTLY or
INDIRECTLY, in any transaction of EXCHANGE or d. He has appropriated, taken or misaapropriated, or has
SPECULATION. consented to , or through abandonment or negligence,
(3) That the transaction takes place within the territory permitted the taking by another person of such funds or
subject to his jurisdiction property.
(4) That he becomes interested in the transaction during
his incumbency How is malversation committed?
(a) Appropriating, taking or misappropriating
(b) Consenting or permitting any other person, through

Art. 216. Possession of prohibited interest by a public
abandonment or negligence, to take such public funds or
officer.
property.
Who are liable for possession of prohibited interest? in (a), it is the officer who put the funds or property to his
own use and benefit; in (b), it is a third person who
1. PUBLIC OFFICER who directly, or indirectly, benefited therefrom.
became interested in any contract or business in which it
was his official duty to intervene. What is the condition precedent before there could be any
taking, appropriation, conversation or loss of public funds
2. EXPERTS, ARBITRATORS and PRIVATE that would amount to malversation?
ACCOUNTANTS who, in like manner, took part in any There must first be evidence of shortage. The shortage
contract or transaction connected with the estate or must be clearly established as a fact. Evidence of shortage is
property in the appraisal, distribution or adjudication of necessary before there could be any taking, appropriation,
which they had acted. conversion, or loss of public funds that would amount to
malversation.
3. GUARDIANS and EXECUTORS with respect to the
Who could be liable for malversation?
property belonging to their wards or the estate.
Both Article 217 and 220 hold persons who are not
Is actual fraud necessary? accountable officers as such when they are, nonetheless,
accountable for specific public property as when they have
Actual fraud is not necessary; the act is punished because of a duty to return the same or to dispose thereof as provided
the possibility that fraud may be committed or that the by law or by lawful regulation or orders of their superiors.
(Azarcon vs Sandiganbayan, February 1996)

CRIMINAL LAW II
Is demand an element of malversation? No. Direct evidence is not necessary to establish the
presumption but unless the audit is complete, thorough and
No. Demand merely raises a prima facie presumption that reliable, the foundation for the presumption will not be
missing funds have been put to personal use. The demand established. Otherwise, direct evidence of misappropriation
itself is not an element of, and not indispensable to is necessary. (Quizo vs Sandiganbayan)
constitute, malversation. Even without a demand,
malversation can still be committed when enough facts are Is good faith a valid defense in malversation?
extant to prove it.
Yes, for it would negate criminal intent on the part of the
What is the effect on the penalty when the malversation is accused. To constitute a crime, the act must, except in
committed through negligence? certain crimes made such by statute, be accompanied by a
criminal intent or by such negligence or indifference to duty
None. Generally, a felony by culpa is penalized lower than or to consequences as, in law, is equivalent to criminal
that by dolo. However, malversation is the only felony intent.
which has the same penalty whether committed by dolo or
culpa. but negligence should be absent for the defense of good
faith t o prosper.
If the charge is for intentional malversation but what was
proved was culpable malversation, can the offender be What are the ways of committing the crime of
convicted under that information? malversation?
Conviction under the first mode of misappropriation would 1. Appropriating public funds or property.
still be in order. Malversation is committed either
intentionally or by negligence. The dolo or culpa present in 2. Taking or misappropriating public funds or
the offense is only a modality in the perpetration of the property.
felony. Even if the mode charged differs from the mode
proved, the same offense of malversation in involved and 3. Consenting or permitting, through abandonment
conviction thereof is proper. (Ppl vs Pepito, February 1997) or negligence, any other person to take public funds or
property.
What is the effect of the restitution of the amount
malversed? May a public officer be convicted of Malversation even
without direct evidence?
Restitution does not affect criminal liability. IT is in fact an
implied admission of guilt. However, by analogy to An accountable public officer may be convicted of
voluntary plea of guilt, it is considered as a mitigating malversation even if there is no direct evidence of
circumstance. Payment, for the difference of the same, misaapropriation and the only evidence is that there is a
indemnification, or reimbursement of, or compromise as to, shortage in his accounts which he has not been able to
the amounts or funds malversed or misappropriated, explain satisfactorily. (Ppl vs Mingoa; De Guzman v. People;
affects only the civil liability of the offender but does not Quizo v. Sandiganbayan)
extinguish criminal liability. (Felicilda vs Grospe)
Compare malversation (art. 217) with technical
When will the presumption of malversation arise? malversation (art. 220).
For the presumption to arise, the following must be MALVERSATION TECHNICAL

indubitably proved: MALVERSATION
Offenders are accountable officers
1. The audit is complete, accurate and reliable; Offender in certain cases Offender does not derive
profits from the proceeds any personal gain or profit
2. The amount of accountability has been duly of the crime
established; The public fund or Public funds or property is
property is applied to applied to another public
3. Demand is made on the accountable officer; and personal use and benefit of use
the offender or another
4. The fund or property is not duly forthcoming
person.
and he cannot explain the reason thereof.
It is illegal per se for the The act is not illegal per se
Is direct evidence required in malversation? public funds were diverted because it is another public
to personal use use

CRIMINAL LAW II
There is no such There must be an It is not essential that there be misappropriation. If there is
requirement appropriation either by law misappropriation, he would be liable also for malversation
such as general under Art. 217.
appropriation law or
ordinance enacted by local
Art. 219. Failure of a responsible public officer to render
legislative body.
accounts before leaving the country.
(Barriga vs. Sandiganbayan)
May a charge under one result to conviction for technical Elements:

malversation?
(a) That the offender is a public officer
No. A comparison of the 2 articles reveals that their
elements are entirely distinct and different from each (b) That he must be an accountable officer for public funds
other. In malversation, the offender misappropriates public or property
funds for the latter’s personal use. In TM, the public officer
applies public funds under administration to a public use (c) That he must have unlawfully left (or be on the point of
other than that for which the fund was appropriated by law leaving) the Philippines without securing from the COA a
or ordinance. TM is, therefore, not included in nor does it
certificate showing that his accounts have been finally
necessarily include the crime of malversation of public
funds charged in the information. Since the acts settled.
constituting TM were not alleged in the information, and
since TM does not include, or is not included in the crime of Act of leaving the country may be unauthorized or not
malversation, accused cannot resultantly be convicted of permitted by law.
TM.
Art. 220. Illegal use of public funds or property.
What is essential for conviction for technical
malversation? Distinguish malversation (art. 217) from technical
It is necessary that public funds or properties had been malversation (art. 220).
diverted to any public use other than that provided for by
law or ordinance.
Who is an accountable officer under art. 217? MALVERSATION TECHNICAL

MALVERSATION
An accountable officer is her who, in the discharge of his Offenders are accountable officers
office, receives money or property of the government Offender in certain cases Offender does not derive
which he is bound to later account for. It is the nature of profits from the proceeds any personal gain or profit
the duties of, not the nomenclature used for, or the relative of the crime
significance of the title to, the position which controls in the The public fund or Public funds or property is
determination. (Tanggote v. Sandiganbayan) property is applied to applied to another public
personal use and benefit of use
Art. 218. Failure of accountable officer to render acoounts. the offender or another
person.
Is demand for accounting necessary in order for one to be It is illegal per se for the The act is not illegal per se
liable under this article? public funds were diverted because it is another public
to personal use use
Art 218 does not require that there be a demand by the There is no such There must be an
requirement appropriation either by law
Commission on Audit or provincial auditor that the public
such as general
officer should render an account. It is sufficient that there is appropriation law or
a law or regulation requiring him to render account. ordinance enacted by local
legislative body.
Is misappropriation necessary? (Barriga vs. Sandiganbayan)
MALVERSATION ILLEGAL USEOF PUBLIC

CRIMINAL LAW II
FUNDS
Offenders are accountable officers
Offender in certain cases Offender does not derive INFIDELITY OF PUBLIC OFFICERS
profits from the proceeds any personal gain or profit
of the crime INFIDELITY IN THE CUSTODY OF
The public fund or The public fund or PRISONERS
property is applied to the property is applied to
Art. 223. Conniving with or consenting to evasion.
personal use and benefit of another public use
the offender or of another
person.
Art. 224. Evasion through negligence.

What is required for technical malversation to exist?
It is necessary that public funds or properties had been

diverted to any public use other than that provided for by Art. 225. Escape of prisoner under the custody of a person
law or ordinance. (Palma Gil vs People) not a public officer .
How is the crime of infidelity in the custody of a

Art. 221. Failure to make delivery of public funds or
property. prisoners committed?
Acts punishable under Art 221: The crime may be committed through dolo (Art 223) or
culpa (Art 224).
1. By failing to make payment by a public officer who is
under obligation to make such payment from What are the elements of evasion through negligence
Government funds in his possession. under art. 224?
2. BY refusing to make delivery by a public officer who 1. That the offender is a public officer.
has been ordered by competent authority to deliver any
2. That he is charged with the conveyance or
property in his custody or under his administration. custody of a prisoner, either detention prisoner or prisoner
by final judgment.
Elements of failure to make payment:
3. That such prisoner escapes through his
a. That the public officer has Government funds in his
negligence.
possession
Will mere laxity amount to negligence within the
b. That he is under obligation to make payment from
contemplation of art. 224?
such funds.
YES. Failure to undertake precautions will make the act of
c. That he fails to make the payment maliciously.
the public officer of definite laxity or negligence amounting
to deliberate nonperformance of duty.
Art. 222. Officers included in the preceding provisions.
How is infidelity committed by private persons?
How is malversation committed by a private person?
Under Art 225, infidelity can also be committed by a private
(1) When a private person conspired with a public officer to
commit malversation person to whom the prisoner was entrusted and he
connived with the prisoner or through his negligence the
(2) When he is an accomplice or accessory prisoner was able to escape.
(3) Where the private person was constituted a custodian of
public property in whatever capacity even without a public
What is the liability of the escaping prisoner?
officer involved and he misappropriated the same.
CRIMINAL LAW II
1. If the fugitive is serving sentence by reason of final What are the ways of committing infidelity in the custody
judgment, he is liable for evasion of the service of the of documents?
sentence under Article 157. a. Any public officer shall remove, destroy, or
conceal documents or papers officially entrusted to him.
2. If the fugitive is only a detention prisoner, he does not (Art 226)
incur criminal liability. b. Any public officer charged with the custody of
papers or property sealed by proper authority shall break
the seals or permit them to be broken. (art 227)
c. Any public officer not included in NO. 2, without
INFIDELITY IN THE CUSTODY OF
proper authority, shall open or permit to be opened any
DOCUMENTS closed papers, documents or objects entrusted to his
Art. 226. Removal, concealment or destruction of custody (art 228)
documents.
Distinguish infidelity from qualified theft.
When is removal deemed to be for illicit purpose?
When the intention of the offender is – INFIDELITY QUALIFIED THEFT
a. to tamper with it, or
The mail matter is Mail matter was not
b. to profit by it, or
entrusted to the official entrusted, but in the
c. to commit an act constituting a breach of trust in
custodian thereof and is course of the performance
the official care thereof (Kataniag v. Ppl)
deemed a document. of the duty of the public
employee he handles mail
When is removal of public document deemed
matter and he
consummated?
misappropriates the same.
The crime of removal of public document in breach of
official trust is consummated upon its removal or secreting Violation of that trust is a Crime against property.
away from its usual place in the office and after the crime against public
offender had gone out and locked the door, it being interest.
material whether he has or has not actually accomplished
the illicit purpose for which he removed said document.
(Kataniag vs People)
Art. 229. Revelation of secrets by an officer
Art. 227. Officer breaking seal
What are the acts punished as revelation of secrets by an
Is damage or intent to cause damage necessary in order officer?
for liability to attach? 1. By revealing any secrets known to the offending public
officer by reason of his official capacity.
No. Where documents are sealed by competent authorities, 2. By delivering wrongfully papers or copies of papers of
it is evident that the purpose thereof is to insure their which he may have charge and which should not be
preservation. published.
It is sufficient that the seal is broken, even if the contents Distinguish art. 229 from espionage.
are not tampered with. Art. 227 does not require that there This article does not include revelation of secrets of the
be damage caused or that there be intent to cause damage. State to a belligerent nation, because such acts are already
defined and punished as espionage in Art. 117 or CA 616.
Art. 228. Opening of closed documents This article punishes minor official betrayals, infidelities of
little consequence, affecting usually the administration of
What are the infidelity in the custody of documents? justice, executive or official duties, or the general interest of
1. That the offender is a public officer. the public order.
2. That any closed papers, documents, or objects
are entrusted to his custody.
3. That he opens or permits to be opened said Art. 230. Public officer revealing secrets of private
closed papers, documents or objects. individual
4. That he does not have proper authority.
When the offender is an attorney at law or a solicitor, is
art. 230 applicable?
CRIMINAL LAW II
If the offender is an attorney-at-law or a solicitor and he Maltreatment refers not only to physical maltreatment but
reveals the secrets of his clients learned by him in his also moral, psychological and other kinds of maltreatment.
professional capacity, he is not liable under this article, but
under Article 209. Maltreatment in this article may be committed:
1. BY an officer overdoing himself in the correction or

OTHER OFFENSES OR IRREGULARITIES
handling of a prisoner or detention prisoner under his
BY PUBLIC OFFICERS
charge.
Art. 231. Open disobedience.
2. BY imposing punishments not authorized by the
What is the act constituting this crime? regulations; or
Open disobedience is committed by any judicial or 3. By inflicting punishments in a cruel and humiliating
executive officer who shall openly refuse to execute the manner.
judgment, decision, or order of any superior authority.
If the purpose of the maltreatment is to extort a
Art. 232. Disobedience to order of superior officer, when confession, or obtain some information from the prisoner,
said order was suspended by inferior officer. the penalty is higher.
How are prisoners viewed under the law?
Art. 233. Refusal of assistance. Prisoner here refers to both convicts and detention
prisoners as the law specified “prisoner or detention
Cite an example of the crime refusal assistance. prisoner under his charge”.
A chief of police who flatly and insolently refuses to serve
Art. 236. Anticipation of duties of a public office.
summons of a provincial fiscal, after having been duly
requested to do so by the latter official, is guilty of a
violation of this article. (People v. Castro)
Art. 237. Prolonging performance of duties and powers.
Investigators who refuse to appear to testify in court
resulting in the dismissal of the case. Who are the officers contemplated?
Art. 234. Refusal to discharge elective official. A public officer who has been suspended, separated,
declared overaged, or dismissed cannot continue to
perform the duties of his office.
Art. 235. Maltreatment of prisoners. Art. 238. Abandonment of office or position.
When a prisoner is maltreated, how many crimes may be When is the offense qualified?
committed?
If the abandonment of the office has for its purpose to
The crimes are for maltreatment, under Article 235 and for evade the discharge of the duties preventing , prosecuting,
physical injuries suffered. The two crimes are not to be or punishing any of the crimes falling within Title One, and
complexed because the law specified that the penalty for Chapter One of the Title Three of Book Two of this Code,
maltreatment shall be “in addition to is liability for the the penalty is higher.
physical injuries or damage caused.” Prisoner here refers to
both convicts and detention prisoners as the law specified Title 1, Chapter 1 of Title 3 of Book 2 : crimes of treason,
“prisoner or detention prisoner under his charge.” conspiracy and proposal to commit treason, misprision of
treason, espionage, inciting to war or giving motives for
To what does the word maltreatment refer to? reprisal, violation of neutrality, correspondence with hostile

CRIMINAL LAW II
country, flight to enemy country, piracy and mutiny, Art. 245. Abuses against chastity.
rebellion, coup d’ etat, conspiracy and proposal to commit
coup d’ etat or rebellion, disloyalty of public officers, Who is the offended in abuses of chastity and how are
inciting to rebellion, sedition, conspiracy to commit these abuses committed.
sedition, and inciting to sedition.
The object of advances here in a woman prisoner except in
Distinguish abandonment (238) from negligence and the 3rd situation where the prisoner is a man but the
tolerance in prosecution of offenses(208). solicitation is on his female relative. It should be noted that
the RPC connects chastity to females and not to males.
Abandonment of office Negligence and tolerance
in prosecution of offenses 3 ways how this crime is committed:
Committed by any public Committed only by public
officer officers who have the duty 1. A public officer solicits or makes immoral or indecent
to institute prosecution for advances to a woman interested in matters pending before
the punishment of such officer for decision, or with respect to which he is
violations of the law
required to submit a report to or consult with a superior
Public officer abandons his Public officer does not
officeto evade the abandon his office but he officer. It is not required that the solicitation be accepted.
discharge of his duty fails to prosecute an Mere soliciting consummates the offense. The solicitation is
offense by dereliction of not the casual type but is persistent and threatening
duty or by malicious implying that the decision will be adverse if the woman
tolerance of the
refuses.
commission of offenses.
2. Any warden or other public officer directly charged with
the care and custody of prisoners or persons under arrest
Art. 239. Usurpation of legislative powers.
who shall solicit or make immoral or indecent advances to a
woman under his custody.
Art. 240. Usurpation of legislative powers. 3. The jail warden makes immoral advances or solicitation
to the wife, daughter, sister, or relative within the same
Are legislative officers liable under this article? degree of affinity of any person in the custody of such
warden or officer. The prisoner in this instance is a male but
No. Only a judge can commit usurpation of executive
the solicitation is on his female relative. (Mother not
functions.
included)
Art. 241. Usurpation of judicial functions.
Art. 242. Disobeying request for disqualification.
Art. 243. Orders or request by executive officers to any

judicial authority.
Art. 244. Unlawful appointments.

Criminal Law Ii: Title I: Crimes Against National Security and The Law of Nations Crime Against National Security

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Criminal Law Ii: Title I: Crimes Against National Security and The Law of Nations Crime Against National Security

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CRIMINAL LAW II

CRIME AGAINST NATIONAL SECURITY Distinguish espionage from treason.

Article 115. Conspiracy and proposal to commit treason.

Art. 116. Misprision of treason. What is the meaning of “high seas”?

What is penalized in Art. 115 on conspiracy? Define piracy.

What is misprision of treason? Define mutiny.

Art. 117. Espionage Distinguish piracy from mutiny.

Define espionage. Art. 123. Qualified piracy.

Atty. Daphne S. Andal - Degoma 1

Compare 125 and 126.

What is custodial investigation? What is probable cause?

Does the law fix any minimum period of detention.

What are the acts punishable under art. 126 on delaying

Is there denial of a petition to hold public meeting a

If the offender is a participant of the meeting can he be

CRIMES AGAINST RELIGIOUS WORSHIP

What are the circumstances that will qualify this felony?

Art. 133. Offending of religious feelings.

What is meant by “a place devoted to religious worship”?

What is meant by ”religious ceremonies”?

What are the religious ceremonies or manifestations

Who is offense to religious feelings determined.

Title III: Crimes Against Public Order

How is the crime of rebellion committed?

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Criminal objective is to Criminal objective is to

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Can sedition be committed by one person? crimes of rebellion and

Is it necessary that the meeting be in a “fixed place”?

Atty. Daphne S. Andal - Degoma 9

divisions, or by any commission or committee chairman or Public Disorders

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How is evasion committed in art. 158?

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Distinguish violation of conditional pardon from evasion of

Violation of conditional pardon does not cause

Evasion of the service of sentence is an attempt at

Commission of another crime during service of

Art. 160. Commission of another crime during service of

It is the commission by the convict of another

Quasi –recidivism is a special aggravating

Distinguish quasi-recidivism from reiteracion.

The aggravating circumstance of “reiteracio”

Atty. Daphne S. Andal - Degoma 13

No. The name of the crime committed is “forging the

Art. 162. Using forged signature or counterfeir seal or

When the offender in this article is the forger, is he liable

The offender should not be the one who forged the

Art. 163. Making and importing false coins.

Coin is a piece of metal stamped with certain marks and

Atty. Daphne S. Andal - Degoma 14

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1. Treasury or bank notes 1. That any treasury or bank note or certificate or

Art. 167. Counterfeiting, importing and uttering instruments

A public document starts as a private document,

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FALSE TESTIMONY What is subordination of perjury?

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2. By attempting to cause bidders to stay away from an

When the offense is committed by a corporation or

Art. 185. Machinations in public auctions.

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