Crimes against national security.

1. Treason. (Art. 114)

2. Conspiracy and proposal to commit treason. (Art. 115)
3. Misprision of treason. (Art. 116)
4. Espionage. (Art. 117)

Crimes against the law of nations.

1. Inciting to war or giving motives for reprisals. (Art. 118)
2. Violation of neutrality. (Art. 119)
3. Correspondence with hostile country. (Art. 120)
4. Flight to enemy's country. (Art. 121)
5. Piracy in general and mutiny on the high seas or in Philippine waters. (Art. 122)

TITLE ONE

ARTICLE 114. TREASON. — Any Filipino citizen who levies war against the Philippines or adheres to
her enemies, giving them aid or comfort within the Philippines or elsewhere, shall be punished by
reclusion perpetua to death and shall pay a fine not to exceed 4,000,000 pesos due to RA 10951.
 REPUBLIC ACT No. 10951- An Act Adjusting the Amount or the Value of Property and
Damage on Which a Penalty is Based and the Fines Imposed Under the Revised Penal
Code, amending for the Purpose Act No. 3815, Otherwise Known as "The Revised Penal
Code", as amended.
 Elements of treason:
 That the offender is a Filipino citizen or an alien residing in the Philippines;
 That there is a war in which the Philippines is involved;
 That the offender either —
a) levies war against t h e Government, or
b) adheres to the enemies, giving them aid or comfort.
 Treason is a breach of allegiance to a government, committed by a person who owes
allegiance to it. (63 C.J. 814)
 The offender in treason is either a Filipino citizen or a resident alien.
 No treason thru negligence.
 TREASON CANNOT BE COMMITTED IN TIME OF PEACE.
 Two ways or modes of committing treason:
1. By levying war against the Government.
2. By adhering to the enemies of the Philippines, giving them aid or
comfort.
 Ways of proving treason
i. Testimony of two witnesses, at least, to the same overt act; or
ii. Confession of the accused in open court. (Art. 114, par. 2, Revised Penal Code)
 Aggravating circumstances in treason
1. Cruelty
2. Ignominy and cruelty
3. evident premeditation is not aggravating in treason
4. Superior strength and treachery

ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON; PENALTY - The conspiracy or
proposal to commit the crime of treason shall be punished respectively, by prisión mayor and a fine
not exceeding Two million pesos (₱2,000,000), and prisión correccional and a fire not exceeding
One million pesos (₱1,000.000).

ART. 116. MISPRISION OF TREASON. Every person owing allegiance to (the United States or) the
Government of the Philippine Islands, without being a foreigner, and having knowledge of any
conspiracy against them, who conceals or does not disclose and make known the same, as soon as
possible, to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides,
as the case may be, shall be punished as an accessory to the crime of treason.
 Elements:
1. That the offender must be owing allegiance to the Government, and not a foreigner.
2. That he has knowledge of any conspiracy (to commit treason) against the
Government.
 3. That he conceals or does not disclose and make known the same as soon as possible
to the governor or fiscal of the province or the mayor or fiscal of the city in which he
resides.

ART. 117. ESPIONAGE. — The penalty of prision correccional shall be inflicted upon any person
who:
1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation
to obtain any information, plans, photographs, or other data of a confidential nature relative to
the defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data, or information
referred to in the preceding paragraph, discloses their contents to a representative of a foreign
nation.
The penalty next higher in degree shall be imposed if the offender be a public officer or employee.
 Espionage is the offense of gathering, transmitting, or losing information respecting the
national defense with intent or reason to believe that the information is to be used to the injury
of the Republic of the Philippines or to the advantage of any foreign nation.
 Two ways of committing espionage under Art. 117.
1. By entering, without authority therefor, a warship, fort, or naval or military
establishment or reservation to obtain any information plans, photographs or other
data of a confidential nature relative to the defense of the Philippines.
 Elements:
i. That the offender enters any of the places mentioned therein;
ii. That he has no authority therefor;
iii. That his purpose is to obtain information, plans, photographs or other
data of a confidential nature relative to the defense of the Philippines.
(Guevara)
2. By disclosing to the representative of a foreign nation the contents of the articles, data
or information referred to in paragraph No. 1 of Art. 117, which he had in his
possession by reason of the public office he holds.
 Elements:
i. That the offender is a public officer;
ii. That he has in his possession the articles, data or information referred
to in paragraph No. 1 of Art. 117, by reason of the public office he holds;
iii. That he discloses their contents to a representative of a foreign nation.

ART. 118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS. — The penalty of reclusion
temporal shall be imposed upon any public officer or employee, and that of prision mayor upon
any private individual, who, by unlawful or unauthorized acts, provokes or gives occasion for a war
involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their
persons or property.
 Elements:
1. That the offender performs unlawful or unauthorized acts.
2. That such acts provoke or give occasion for a war involving or liable to involve the
Philippines or expose Filipino citizens to reprisals on their persons or property.
 Committed in time of peace.

ART. 119. VIOLATION OF NEUTRALITY. — The penalty of prision correccional shall be inflicted
upon anyone who, on the occasion of a war in which the Government is not involved, violates any
regulation issued by competent authority for the purpose of enforcing neutrality.
 Elements:
1. That there is a war in which the Philippines is not involved;
2. That there is a regulation issued by competent authority for the purpose of enforcing
neutrality;
3. That the offender violates such regulation.
 Neutrality - A nation or power which takes no part in a contest of arms going on between
others is referred to as neutral.

ART. 120. CORRESPONDENCE WITH HOSTILE COUNTRY. — Any person, who in time of war, shall
have correspondence with an enemy country or territory occupied by enemy troops shall be punished:
1. By prision correccional, if the correspondence has been prohibited by the
Government;
 2. By prision mayor, if the correspondence be carried on in ciphers or
conventional signs; and
3. By reclusion temporal if notice or information be given thereby which might be
useful to the enemy.
4. If the offender intended to aid the enemy by giving such notice or information, he shall
suffer the penalty of reclusion temporal to death.
 Elements:
1. That it is in time of war in which the Philippines is involved;
2. That the offender makes correspondence with an enemy country or territory occupied
by enemy troops;
3. That the correspondence is either —
 (a) prohibited by the Government, or
 (b) carried on in ciphers or conventional signs, or
 (c) containing notice or information which might be useful to the enemy.
 Correspondence is communication by means of letters; or it may refer to the letters which
pass between those who have friendly or business relations.
 Circumstances qualifying the offense
1. That the notice or information might be useful to the enemy.
2. That the offender intended to aid the enemy.

ART. 121. FLIGHT TO ENEMY'S COUNTRY. — The penalty of arresto mayor shall be inflicted upon
any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when
prohibited by competent authority.
 Elements:
1. That there is a war in which the Philippines is involved;
2. That the offender must be owing allegiance to the Government;
3. That the offender attempts to flee or go to enemy country;
4. That going to enemy country is prohibited by competent authority.
 An alien resident may be guilty of flight to enemy country.
 Art. 121 must be implemented by the Government. If fleeing or going to an enemy country
is not prohibited by competent authority, the crime defined in Art. 121 cannot be committed.

ART. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS.
— The penalty of reclusion perpetua shall be inflicted upon any person who, on the high seas or in
Philippine waters, shall attack or seize any vessel or, not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal
belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.

 Two ways or modes of committing piracy:

1. By attacking or seizing a vessel on the high seas or in Philippine waters;
2. By seizing in the vessel while on the high seas or in Philippine waters the whole or
part of its cargo, its equipment or personal belongings of its complement or
passengers
 Elements of piracy:
1. That a vessel is on the high seas or in Philippine waters;
2. That the offenders are not members of its complement or passengers of the vessel;
3. That the offenders:
 (a) attack or seize that vessel, or
 (b) seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers.
 The Convention on the Law of the Sea defines "high seas" as parts of the seas that are
not included in the exclusive economic zone, in the territorial seas, or in the internal waters
of a state, or in the archipelagic waters of an archipelagic state.
 Piracy - It is robbery or forcible depredation on the high seas, without lawful authority and
done with animo furandi and in the spirit and intention of universal hostility. (People vs. Lol-
lo, et al., 43 Phil. 19)
 Mutiny is punished in Art. 122.
 Mutiny - It is the unlawful resistance to a superior officer, or the raising of commotions and
disturbances on board a ship against the authority of its commander. (Bouvier's Law
Dictionary, Vol. 2, p. 2283)
ART. 123. QUALIFIED PIRACY. — The penalty of reclusion perpetua to death shall be imposed
upon those who commit any of the crimes referred to in the preceding article, under any of the following
circumstances:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. (As
amended by RA. No.7659)

 Elements - Piracy or mutiny is, therefore, qualified if any of the following circumstances is
present:
1. Whenever the offenders have seized the vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.
 Before Art. 122 was amended by R.A. No. 7659, only piracy and mutiny on high seas was
covered by the RPC. The commission of the acts described in Arts. 122 and/or 123 in
Philippine waters was punished as piracy under P.D. No. 532.
 P.D. 532 covers any person while Art. 122 as amended covers only persons who are not
passengers or members of its complement.
 QUALIFIED PIRACY IS A SPECIAL COMPLEX CRIME punishable by reclusion
perpetua to death, regardless of the number of victims.
 Philippine Waters. — It shall refer to all bodies of water, such as but not limited to, seas,
gulfs, bays around, between and connecting each of the Islands of the Philippine
Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the
insular shelves, and other submarine areas over which the Philippines has sovereignty or
jurisdiction.
 Vessel. — Any vessel or watercraft used for transport of passengers and cargo from one
place to another through Philippine waters. It shall include all kinds and types of vessels or
boats used in fishing.
 Any person who aids or protects pirates or abets the commission of piracy shall be
considered as an accomplice.
 Acts inimical to civil aviation is punished by Republic Act No 6235.

TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

ARTICLE 124. ARBITRARY DETENTION. – Any public officer or employee who, without legal
grounds, detains a person, shall suffer:
1. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period, if the detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the detention has
continued more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days but
not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months.
The commission of a crime, or violent insanity or any other ailment requiring the compulsory
confinement of the patient in a hospital, shall be considered legal grounds for the detention of any
person.

ARBITRARY DETENTION. – The actual confinement of a person in an enclosure, or in any manner

detaining and depriving a person of his liberty.

CLASSES OF ARBITRARY DETENTION

1. Arbitrary detention by detaining a person without legal ground;
2. Delay in the delivery of detained persons to the proper judicial authorities;
3. Delaying release.
ELEMENTS OF ARBITRARY DETENTION:
1. That the offender if a public officer or employee;
2. That he detains a person;
3. That the detention is without legal grounds.

DETENTION WITHOUT LEGAL GROUNDS.

1. When he has not committed any crime or, at least, there is no reasonable ground for suspicion
that he has committed a crime, or
2. When he is not suffering from violent insanity or any other ailment requiring compulsory
confinement in a hospital.

LEGAL GROUNDS FOR THE DETENTION OF ANY PERSON.

1. The commission of a crime;
2. Violent insanity or any other ailment requiring the compulsory confinement of the patient in a
hospital.

ARREST WITHOUT WARRANT

A peace officer or a private person may, without a warrant, arrest a person:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
2. When an offense has in fact just been committed, and he has probable cause to believe based
on personal knowledge of facts and circumstances that the person to be arrested has committed it; and
Note: There is no reasonable ground of suspicion that the accused committed an offense.
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.

ARBITRARY DETENTION THRU IMPRUDENCE.

The crime of arbitrary detention can be committed through imprudence. Imprudence: lack of wisdom
or care in the management of practical or economic affairs: Your decisions demonstrate fiscal
imprudence and shortsighted thinking.

ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL
AUTHORITIES. – The penalties provided in the next preceding article shall be imposed upon the public
officer or employee who shall detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of:
 twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent;
 eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their
equivalent; and
 thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their
equivalent.
In every case, the person detained shall be informed of the cause of his detention and shall be
allowed, upon his request, to communicate and confer at any time with his attorney or counsel.
Note: If the offender is a private person, the crime is illegal detention.
Note 2: Public officer or employee is liable and shall be punished by arresto mayor for
preventing the exercise of the right of attorneys to visit and confer with persons arrested.

THE DETENTION OF A PERSON LEGALLY ARRESTED WITHOUT A WARRANT BECOMES

ILLEGAL UPON THE EXPIRATION OF (without having been delivered to the corresponding
judicial authorities):
 Six (6) hours, for crimes or offenses punishable by light penalties, or their equivalent; or
 Nine (9) hours, for crimes or offenses punishable by correctional penalties, or their equivalent;
or
 Eighteen (18) hours, for crimes or offenses punishable by afflictive or capital penalties, or their
equivalent.
 Note: Detained person should be released when a judge is not available. The arresting officer
is duty-bound to release a detained person, if the maximum hours for detention provided
under Article 125 of the Revised Penal Code has already expired.

DETENTION UNDER REPUBLIC ACT NO. 9372.

 Time for delivery of detained persons prescribed in Art. 125 does not apply to suspected
terrorists who are detained under Republic Act 9372.
 A person charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism shall be delivered to the proper judicial authority within a period of
three days counted from the moment the said charged person has been arrested.
 Under Republic Act 9372, a judge must be notified before a suspected terrorist is
detained.
 The penalty of 10 years and 1 day to 12 years of imprisonment shall be imposed upon
the police or law enforcement personnel who fails to notify the judge as provided in
the preceding paragraph.

ART. 126. DELAYING RELEASE. — The penalties provided for in Article 124 shall be imposed upon
any public officer or employee who delays for the period of time specified therein the performance of
any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the
service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation
of such person.

THREE ACTS ARE PUNISHABLE UNDER ART. 126.

1. By delaying the performance of a judicial or executive order for the release of a prisoner.
2. By unduly delaying the service of the notice of such order to said prisoner.
3. By unduly delaying the proceedings upon any petition for the liberation of such person.

ELEMENTS OF DELAYING RELEASE:

1. That the offender is a public officer or employee;
2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the liberation of such person.
3. That the offender without good reason delays:
 the service of the notice of such order to the prisoner, or
 the performance of such judicial or executive order for the release of the prisoner,
 the proceedings upon a petition for the release of such person.
ART. 127. EXPULSION. — The penalty of prision correccional* shall be imposed upon any public
officer or employee who, not being thereunto authorized by law, shall expel any person from the
Philippine Islands or shall compel such person to change his residence.
TWO ACTS ARE PUNISHABLE UNDER ART. 127
 By expelling a person from the Philippines.
 By compelling a person to change his residence.

ELEMENTS OF EXPULSION:
 That the offender is a public officer or employee.
 That he expels any person from the Philippines, or compels a person to change his residence.
 That the offender is not authorized to do so by law.

CRIMES KNOWN AS VIOLATION OF DOMICILE

1. Violation of domicile by entering a dwelling against the will of the owner thereof or making
search without previous consent of the owner.
2. Search warrants maliciously obtained and abuse in the service of those legally obtained.
3. Searching domicile without witnesses.

ART. 128. VIOLATION OF DOMICILE. — The penalty of prision correccional in its minimum period
shall be imposed upon any public officer or employee who, not being authorized by judicial order,
shall enter any dwelling against the will of the owner thereof, search papers or other effects found
therein without the previous consent of such owner, or, having surreptitiously entered said dwelling,
and being required to leave the premises, shall refuse to do so.

If the offense be committed in the nighttime, or if any papers or effects not constituting evidence of a
crime be not returned immediately after the search made by the offender, the penalty shall be prision
correccional in its medium and maximum periods.

ACTS PUNISHABLE UNDER ART. 128.

1. By entering any dwelling against the will of the owner thereof; or

2. By searching papers or other effects found therein without the previous consent of such owner;
or
3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after
having been required to leave the same.

ELEMENTS COMMON TO THREE ACTS:

 That the offender is a public officer or employee.

 That he is not authorized by judicial order to enter the dwelling
 and/or to make a search therein for papers or other effects.

CIRCUMSTANCES QUALIFYING THE OFFENSE:

1. If the offense is committed at nighttime; or

2. If any papers or effects not constituting evidence of a crime are not returned immediately
after the search made by the offender.

ART. 129. SEARCH WARRANTS MALICIOUSLY OBTAINED, AND ABUSE IN THE SERVICE OF
THOSE LEGALLY OBTAINED. — In addition to the liability attaching to the offender for the
commission of any offense, the penalty of arresto mayor in its maximum period to prisión
correccional in its minimum period and a fine not exceeding (₱200,000) shall be imposed upon
any public officer or employee who shall procure a search warrant without just cause, or, having legally
procured the same, shall exceed his authority or use unnecessary severity in executing the same.

ACTS PUNISHABLE IN CONNECTION WITH SEARCH WARRANTS.

1. By procuring a search warrant without just cause.

2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally
procured.

A SEARCH WARRANT is an order in writing issued in the name of the People of the Philippines, signed
by a judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.

A search warrant shall not issue except upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath or affirmation of
the complainant and the witnesses he may produce, and particularly describing the place to be
searched and the things to be seized which may be anywhere in the Philippines.

PERSONAL PROPERTY TO BE SEIZED.

A search warrant may be issued for the search and seizure of the following personal property:

1. Subject of the offense;

2. Stolen or embezzled and other proceeds or fruits of the offense; or
3. Used or intended to be used as the means of committing an offense.

Note: Search of house, room or premise to be made in presence of two witnesses.

Note 2: A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void.

ART. 130. SEARCHING DOMICILE WITHOUT WITNESSES. — The penalty of arresto mayor in its
medium and maximum periods shall be imposed upon a public officer or employee who, in cases
where a search is proper, shall search the domicile, papers, or other belongings of any person, in the
absence of the latter, any member of his family, or in their default, without the presence of two witnesses
residing in the same locality.

ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES

1. That the offender is a public officer or employee.

2. That he is armed with search warrant legally procured.
3. That he searches the domicile, papers or other belongings of any person.
4. That the owner, or any member of his family, or two witnesses residing in the same locality are
not present.
Art. 130 does not apply to searches of vehicles or other means of transportation, because the
searches are not made in the dwelling.

ART. 131. PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS. — The

penalty of prision correccional in its minimum period shall be imposed upon any public officer or
employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or
shall dissolve the same.

The same penalty shall be imposed upon any public officer or employee who shall hinder any person
from joining any lawful association or from attending any of its meetings.

The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder
any person from addressing, either alone or together with others, any petition to the authorities for the
correction of abuses or redress of grievances.

ACTS PUNISHED IN CONNECTION WITH PEACEFUL MEETINGS, ASSOCIATIONS, AND

PETITIONS

1. By prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting, or by

dissolving the same.
2. By hindering any person from joining any lawful association or from attending any of its meetings.
3. By prohibiting or hindering any person from addressing, either alone or together with others, any
petition to the authorities for the correction of abuses or redress of grievances.

ELEMENTS COMMON TO THE THREE ACTS PUNISHABLE

1. That the offender is a public officer or employee;

2. That he performs any of the acts mentioned above.

A private individual cannot commit this crime. Only a public officer or employee can commit
this crime. If the offender is a private individual, the crime is disturbance of public order denned
in Art. 153.

CRIMES AGAINST RELIGIOUS WORSHIP

1. Interruption of religious worship.

2. Offending the religious feelings.
ART. 132. INTERRUPTION OF RELIGIOUS WORSHIP. — The penalty of prision correccional in
its minimum period shall be imposed upon any public officer or employee who shall prevent or
disturb the ceremonies or manifestations of any religion. If the crime shall have been committed with
violence or threats, the penalty shall be prision correccional in its medium and maximum
periods.

ELEMENTS OF INTERRUPTION OF RELIGIOUS WORSHIP

1. That the offender is a public officer or employee.

2. That religious ceremonies or manifestations of any religion are about to take place or are going
on.
3. That the offender prevents or disturbs the same.

ART. 133. OFFENDING THE RELIGIOUS FEELINGS. – The penalty of arresto mayor in its
maximum period to prision correccional in its minimum period" shall be imposed upon anyone
who, in a place devoted to religious worship or during the celebration of any religious ceremony, shall
perform acts notoriously offensive to the feelings of the faithful.

ELEMENTS OF OFFENDING THE RELIGIOUS FEELINGS

1. That the acts complained of were performed

a. (1) in a place devoted to religious worship, or
b. (2) during the celebration of any religious ceremony.
2. That the acts must be notoriously offensive to the feelings of the faithful.
3. Title Three
4. CRIMES AGAINST PUBLIC ORDER
5.
6. Chapter One
7. REBELLION, COUP D'ETAT, SEDITION, AND DISLOYALTY
8.
9. Art. 134. Rebellion or insurrection
10.
11. The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government
for the purpose of removing from the allegiance to said Government or its laws, the territory of the Republic of
the Philippines or any part thereof, or any body of land, naval, or other armed forces, or depriving the Chief
Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.
12.
13. ELEMENTS:
14. 1. That there be (a) public uprising, and (b) taking arms against the Government.
15. 2. That the purpose of the uprising or movement is either:
16. a. to remove from the allegiance to said Government or its laws:
17. (1) the territory of the Philippines or any part thereof; or
18. (2) any body of land, naval or other armed forces; or
19. b. to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

20. * Rebellion and insurrection are not synonymous.

21. "rebellion" - to overthrow and supersede the existing government
22. "insurrection" - seeks merely to effect some change of minor importance, or to prevent the exercise of
governmental authority with respect to particular matters or subjects.
23.
24. Nature of The Crime of Rebellion
25. - The crime of rebellion or of inciting it is by nature a crime of masses, of a multitude.
26. - The word "rebellion" evokes, not merely a challenge to the constituted authorities, but also civil war on a
bigger or lesser scale.
27. - In rebellion or insurrection, the Revised Penal Code expressly declares that there must be a public uprising and
the taking up of arms.
28.
29. Rebellion distinguished from treason.
30. (a) The levying of war against the Government would constitute treason when performed to aid the enemy.
It would also constitute an adherence to the enemy, giving him aid and comfort. The levying of war against the
Government during peace time for any of the purposes mentioned in Art. 134 is rebellion.
31. (b) Rebellion always involves taking up arms against the Government; treason may be committed by mere
adherence to the enemy giving him aid or comfort.
32.
33.
34.
35. Acts Punishable as Terrorism under Rep. Act No. 9372.
36. a. Article 122 (Piracy in general and Mutiny in the High Seas or in the Philippine Waters);
37. b. Article 134 (Rebellion of Insurrection);
38. c. Article 134-A (Coup d'Etat), including acts committed by private persons;
39. d. Article 248 (Murder);
40. e. Article 267 (Kidnapping and Serious Illegal Detention);
41. f. Article 324 (Crimes Involving Destruction), or under
42. (1) Presidential Decree No. 1613 (The Law on Arson);
43. (2) Republic Act No. 6969 (Toxic Substances and Hazardous
44. and Nuclear Waste Control Act of 1990);
45. (3) Republic Act No. 5207 (Atomic Energy Regulatory and
46. Liability Act of 1968);
47. (4) Republic Act No. 6235 (Anti-Hijacking Law);
48. (5) Presidential Decree No. 532 (Anti-Piracy and Anti Highway Robbery Law of 1974); and
49. (6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession,
manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
50.
51. * Terrorism is punished by the penalty of forty (40) years of imprisonment,
52. without the benefit of parole. (Sec. 3, RA 9372)
53.
* With or without civilian participation. The crime of coup d’état may be committed with or without civilian
participation.

54. Art. 134-A. Coup d’état

The crime of coup d’état is a swift attack, accompanied by violence, intimidation, threat, strategy or stealth,
directed against duly constituted authorities of the Republic of the Philippines, or any military camp or
installation, communications networks, public utilities or other facilities needed for the exercise and continued
possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or
persons, belonging to the military or police or holding any public office or employment, with or without
civilian support or participation, for the purpose of seizing or diminishing state power.
55.
56. ELEMENTS:
57. 1. That the offender is a person or persons belonging to the military or police or holding any public office or
employment;
58. 2. That it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or
stealth;
59. 3. That the attack is directed against duly constituted authorities of the Republic of the Philippines, or any
military camp or installation, communication networks, public utilities or other facilities needed for the exercise
and continued possession of power;
60. 4. That the purpose of the attack is to seize or diminish state power.
61.
62.
63.
64. Art. 135. Penalty for rebellion, insurrection or coup d'état.
65.
66. Any person who promotes, maintains, or heads a rebellion or insurrection shall suffer the penalty of reclusion
perpetua.
67.
Any person merely participating or executing the commands of others in rebellion or insurrection shall suffer
the penalty of reclusion temporal.
68.
Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer
the penalty of reclusion perpetua.
69.
70. Any person in the government service who participates, or execute s directions or commands of others in
undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.

71. Any person not in the government service who participates, or in any manner supports, finances, abets or aids
in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period.

When the rebellion, insurrection or coup d'etat shall be under the command of unknown leaders, any
person who in fact directed the others, spoke for them, signed receipts and other documents issued in their
name, or performed similar acts, on behalf of the rebels, shall be deemed a leader of such rebellion,
insurrection or coup d'etat.
72.
73. Who are liable for rebellion, insurrection and/or coup d'etat?
74. A. The leaders —
75. i) Any person who (a) promotes, (b) maintains, or (c) heads a rebellion or insurrection; or
76. ii) Any person who (a) leads, (b) directs, or (c) commands others to undertake a coup d'etat.
77. B. The participants —
78. i) Any person who (a) participates, or (b) executes the commands of others in rebellion, or insurrection;
79. ii) Any person in the government service who (a) participates, or (b) executes directions or commands of others
in undertaking a coup d'etat;
80. iii) Any person not in the government service who (a) participates, (b) supports, (c) finances, (d) abets, or (e) aids
in undertaking a coup d'etat.
81.
82. * Is there a complex crime of rebellion with murder and other common crimes?
83. The Supreme Court decided this question in the negative.
84. Being within the purview of "engaging in war" and "committing serious violence," said resort to arms, with the
resulting impairment or destruction of life and property, constitutes not two or more offenses, but only one
crime — that of rebellion.
85.
86. Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection.
87.
The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in its minimum period
and a fine which shall not exceed eight thousand pesos (P8,000.00).
88. The conspiracy and proposal to commit rebellion or insurrection shall be punished, by prision correccional in
its maximum period and a fine which shall not exceed five thousand pesos (P5,000), and by prision
correccional in its medium period, and a fine not exceeding two thousand pesos (P2,000).
89.
90. There is conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and
take arms against the Government for any of the purposes of rebellion and decide to commit it.
91.
92. There is proposal to commit rebellion when the person who has decided to rise publicly and take arms against
the Government for any of the purposes of rebellion proposes its execution to some other person or persons.
93.
94. * No conspiracy when there is no agreement and no decision to commit rebellion.
95. (1) there was no agreement concerning the commission of rebellion, and (2) there was no decision to commit it.
96.
97. Art. 137. Disloyalty of public officers or employees.
98. The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees
who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties
of their offices under the control of the rebels or shall accept appointment to office under them.
99.
ELEMENTS
100. 1. Offender must be a public officer or employee.
101. 2. The offender under Art. 137 must not be in conspiracy with the
102. rebels.
103.
104. Acts of disloyalty which are punished:
105. 1. By failing to resist a rebellion by all the means in their power; or
106. 2. By continuing to discharge the duties of their offices under the control
107. of the rebels; or
108. 3. By accepting appointment to office under them.
109.
110. Art. 138. Inciting to rebellion or insurrection.
111. The penalty of prision mayor in its minimum period shall be imposed upon any person who, without
taking arms or being in open hostility against the Government, shall incite others to the execution of any of
the acts specified in Article 134 of this Code, by means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end.
112.
113. ELEMENTS:
114. 1. That the offender does not take arms or is not in open hostility against the Government;
115. 2. That he incites others to the execution of any of the acts of rebellion;
116. 3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end.
117.
118. * Rebellion should not be committed.
119.
120. Art. 139. Sedition
121.
The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force,
intimidation, or by other means outside of legal methods, any of the following objects:

122. 1. To prevent the promulgation or execution of any law or the holding of any popular election;
123. 2. To prevent the National Government, or any provincial or municipal government, or any public
officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
124. 3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
125. 4. To commit, for any political or social end, any act of hate or revenge against private persons or any
social class; and
126. 5. To despoil, for any political or social end, any person, municipality or province, or the National
Government.
127.
128. ELEMENTS:
129. 1. That the offenders rise (1) publicly, and (2) tumultuously;
130. 2. That they employ force, intimidation, or other means outside of legal methods;
131. 3. That the offenders employ any of those means to attain any of the following objects:
132. a. To prevent the promulgation or execution of any law or the holding of any popular election;
133. b. To prevent the National Government, or any provincial or municipal government, or any public officer
thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
134. c. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
135. d. To commit, for any political or social end, any act of hate or revenge against private persons or any
social class; and
136. e. To despoil, for any political or social end, any person, municipality or province, or the National
Government of all its property or any part thereof.
137.
138. * Nature of the crime: Sedition, in its general sense, is the raising of commotions or
139. disturbances in the State.
140.
141. * Can sedition be committed by one person? "the disturbance x x x shall be deemed to be tumultuous if
caused by more than three persons who are armed or provided with means of violence."
142.
*Common crimes absorbed in sedition? " The crimes committed were those of sedition, multiple murder, arson,
frustrated murder and physical injuries
143.
144.
145.
146.
147. Art. 140. Penalty for sedition.
148. The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not
exceeding 10,000 pesos.

149. Other persons participating therein shall suffer the penalty of prision correccional in its maximum
period and a fine not exceeding 5,000 pesos.

150. Persons liable for sedition.

151. (1) The leader of the sedition, and
152. (2) Other persons participating in the sedition.

153. Art. 141. Conspiracy to commit sedition.

154. Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its
medium period" and a fine not exceeding 2,000 pesos.
155.
156. *There is no proposal to commit sedition.

157. Art. 142. Inciting to sedition

158.
159. The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos shall
be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others
to the accomplishment of any of the acts which constitute sedition xxxx.
160.
161. Different acts of inciting to sedition.
162. 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of
speeches, proclamations, writings, emblems, etc.
163. 2. Uttering seditious words or speeches which tend to disturb the public peace.
164. 3. Writing, publishing, or circulating scurrilous libels against the Government or any of the duly
constituted authorities thereof, which tend to disturb the public peace.
165.
ELEMENTS:
166. 1. That the offender does not take direct part in the crime of sedition.
167. 2. That he incites others to the accomplishment of any of the acts which constitute sedition.
168. 3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners,
or other representations tending to the same end.
169.
170. Unlawful rumor-mongering and spreading false information.
171. It is committed by any person who shall offer, publish, distribute, circulate and spread rumors, false
news and information and gossip, or cause the publication, distribution, circulation or spreading of the same,
which cause or tend to cause panic, divisive effects among the people, discredit of or distrust for the duly
constituted authorities, undermine the stability of the Government and the objectives of the New Society,
endanger the public order, or cause damage to the interest or credit of the State.

The penalty is prision correccional or 6 months and 1 day to 6 years imprisonment.

172. Chapter Two
173. CRIMES AGAINST POPULAR
174. REPRESENTATION
175.
Section One. — Crimes against legislative bodies and similar bodies

176. Art. 143. Acts tending to prevent the meeting of the Assembly and similar bodies.

The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon
any person who, by force or fraud, prevents the meeting of the National Assembly
177. (Congress of the Philippines) or of any of its committees or sub-committees, constitutional commissions
or committees or divisions thereof, or of any provincial board or city or municipal council or board.

178. ELEMENTS:
179. 1. That there be a projected or actual meeting of the National Assembly or any of its committees or
subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or municipal
council or board.
180. 2. That the offender who may be any person prevents such meeting by force or fraud.
181.
182. Art. 144. Disturbance of proceedings.
183. The penalty of arresto mayor or a fine from 200 to 1,000 pesos shall be imposed upon any person who
disturbs the meetings of the National Assembly (Congress of the Philippines) or of any of its committees or
subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or
city or municipal council or board, or in the presence of any such bodies should behave in such manner as to
interrupt its proceedings or to impair the respect due it.
 184.
185. ELEMENTS:
186. 1. That there be a meeting of the National Assembly or any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or of any provincial board or city or
187. municipal council or board.
188. 2. That the offender does any of the following acts: a. He disturbs any of such meetings; b. He behaves
while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the
respect due it.
189.
190. *The complaint for disturbance of proceedings may be filed by a member of a legislative body.
191.
Section Two. — Violation of parliamentary
192. immunity

193. Art. 145. Violation of parliamentary immunity.

194. The penalty of prision mayor shall be imposed upon any person who shall us enforce, intimidation,
threats or fraud to prevent any member of the National Assembly (Congress of the Philippines) from
attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote;
and the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while
the Assembly (Congress) is in regular or special session, arrest or search any member thereof, except in case
such member has committed a crime punishable under this Code by a penalty higher than prision mayor.
195.
196. Acts punishable under Art. 145:
197. 1. By using force, intimidation, threats, or frauds to prevent any member of the National Assembly from
(1) attending the meetings of the Assembly or of any of its committees or subcommittees, constitutional
198. commissions or committees or divisions thereof, or from
199. (2) expressing his opinions, or
200. (3) casting his vote.

201. Note: The offender is any person.

202.
203. 2. By arresting or searching any member thereof while the 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.
204.
205. Elements:
206. (1) That the offender is a public officer or employee;
207. (2) That he arrests or searches any member of the National Assembly;
208. (3) That the Assembly, at the time of arrest or search, is in regular or special session;
209. (4) That the member arrested or searched has not committed a crime punishable under the Code by a
penalty higher than prision mayor.

Art. 148. Direct assaults.

Direct assaults are crimes against public order;

Two ways of committing the crime of direct assaults :

1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in
defining the crimes of rebellion and sedition.

2. Without public uprising, by attacking, by employing force, or by seriously intimidating or seriously resisting any person
in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such
performance.

Elements of the 1st form of direct assault:

1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects in the
crime of sedition.
3. That there is no public uprising.

Elements of the 2nd form of direct assault:

1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious
resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance of
official duties, or that he is assaulted, (b) by reason of the past performance of official duties.
4. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his
duties.
5. That there is no public uprising.

Where the force employed on the agent of a person in authority is of a serious character, including determination to
defy the law and its representative, the crime committed is direct assault.

Who is a person in authority?

Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental
corporation, board, or commission, shall be deemed a person in authority. A barangay captain and 136 a barangay
chairman shall also be deemed a person in authority.

1. Division Superintendent of Schools.

2. President of Sanitary Division.
3. Teachers, etc., are persons in authority.

Who is an agent of a person in authority?

An agent of a person in authority is one who, by direct provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and the protection and security of life and property, such as a
barrio councilman and barrio policeman and barangay leader, and any person who comes to the aid of persons in
authority.

The following are agents of persons in authority:

1. Policeman. (U.S. vs. Cox, 3 Phil. 140; U.S. vs. Tabiana, 37 Phil 515)
2. Municipal treasurer, because he is only a deputy ex oficio of the provincial treasurer, a person in authority within
the province where the latter exercises his jurisdiction. (People vs. Ramos 57 Phil. 462)
3. Postmaster, because he is only an agent of the Director of Posts, a person in authority. (People vs. Acierto, 57 Phil.
614)
4. Rural policeman, even if he is not provided with a uniform and does not receive pay, because he is duly appointed
by the mayor of the town and is provided with a badge. (People vs. Dosal, 92 Phil. 877)
5. Sheriff. (People vs. Hernandez, 59 Phil. 343)
6. Agents of the Bureau of Internal Revenue. (People vs. Reyes, et al., C.A., 40 O.G., Supp. 11, 24)
7. Malacanang confidential agent. (People vs. Bustamante, C.A., G.R. No. 12950-R, Sept. 22,1955 )
8. Barangay Chief Tanod (People vs. Recto, G.R. No. 129069, October 17, 2001)

Third element. — {In the performance of duty or by reason thereof.)

The third requisite of the second form of direct assault requires that at the time such assault or intimidation or
resistance is made, the person in authority or his agent (1) is engaged in the actual performance of his official duty, or
(2) at least that the assault or intimidation is done by reason of the past performance of said duty.
Qualified assault.

There are two kinds of direct assault of the second form, namely:

(1) simple assault;

(2) qualified assault.

Direct assault is qualified

1. When the assault is committed with a weapon; or

2. When the offender is a public officer or employee; or
3. When the offender lays hands upon a person in authority.

Art. 149. Indirect assaults. —

The penalty of prision correccional in its minimum and medium periods 3 and a fine not exceeding 500 pesos shall be
imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the
authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article.

Elements:

1. That a person in authority or his agent is the victim of any of the forms of direct assault denned in Art. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.

Indirect assault can be committed only when a direct assault is also committed.

Acts punished as disobedience to the National Assembly or its committee or Constitutional commission.

1. By refusing, without legal excuse, to obey summons of the National Assembly, its special or standing committees and
subcommittees, the Constitutional commissions and its committees, subcommittees or divisions, or by any commission
or committee chairman or member authorized to summon witnesses.
2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or
official.
3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession,
when required by them to do so in the exercise of their functions.
4. By restraining another from attending as a witness in such legislative or constitutional body.
5. By inducing disobedience to a summons or refusal to be sworn by any such body or official.

Note: The National Assembly is now the Congress of the Philippines, consisting of the Senate and the House of
Representatives.

Art. 151. Resistance and disobedience to a person in authority or the agents of such person.
— The penalty of arresto mayor6 and a fine not exceeding 500 pesos shall be imposed upon any person who not being
included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents
of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor
or a fine ranging from 10 to 100 pesos shall be imposed upon the offender.

Elements of resistance and serious disobedience (par. 1):

1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the
offender.
2. That the offender resists or seriously disobeys such person in authority or his agent.
3. That the act of the offender is not included in the provisions of Arts. 148, 149, and 150.

The accused must have knowledge that the person arresting him is a peace officer.

Elements of simple disobedience (par. 2).

1. That an agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the
offender.
2. That the offender disobeys such agent of a person in authority. 3. That such disobedience is not of a serious nature.

Direct assault distinguished from resistance or serious disobedience.

(1) In direct assault, the person in authority or his agent must be engaged in the performance of official duties or that he
is assaulted by reason thereof; but in resistance, the person in authority or his agent must be in actual performance of
his duties.

(2) Direct assault (2nd form) is committed in four ways: (a) by attacking, (b) by employing force, (c) by seriously
intimidating, and (d) by seriously resisting a person in authority or his agent; resistance or serious disobedience is
committed only by resisting or seriously disobeying a person in authority or his agent.

(3) In both direct assault by resisting an agent of a person in authority and resistance against an agent of a person in
authority, there is force employed, but the use of force in resistance is not so serious, as there is no manifest intention
to defy the law and the officers enforcing it.

When the attack or employment of force is not deliberate, the crime is only resistance or disobedience.

Art. 152. Persons in Authority and Agents of Persons in Authority — Who shall be deemed as such
The following are persons in authority:

1. The municipal mayor. (U.S. vs. Gumban, 39 Phil. 761; People vs. Bondoc,e*a/.,47 0.G. 412)
2. Division superintendent of schools. (People vs. Benitez, 73 Phil. 671)
3. Public and private school teachers. (Art. 152, as amended by Rep. Act No. 1978)
4. Teacher-nurse. (Sarcepuedes vs. People, 90 Phil. 228)
5. President of sanitary division. (People vs. Quebral, et al., 73 Phil. 640)
6. Provincial fiscal. (People vs. Francisco, C.A., 48 O.G. 4423)
7. Justice of the Peace. (U.S. vs. Garcia, 20 Phil. 358)
8. Municipal councilor. (People vs. Yosoya, CA-G.R. No. 8522-R, May 26, 1955)
9. Barrio captain and barangay chairman. (Art. 152, as amended by Presidential Decree No. 299)

To be an agent of a person in authority, one must be charged with

(1) the maintenance of public order, and

(2) the protection and security of life and property.

Professors of private colleges and universities, etc. are persons in authority for the purpose of Articles 148 and 151.
PUBLIC DISORDERS
What are the crimes classified under public disorders?
They are:
1. Tumults and other disturbances of public order. (Art. 153)
2. Unlawful use of means of publication and unlawful utterances. (Art. 154)
3. Alarms and scandals. (Art. 155)
4. Delivering prisoners from jails. (Art. 156)

Art. 153. Tumults and other disturbances of public order — Tumultuous disturbance or interruption liable to cause
disturbance.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed
or provided with means of violence.

What are tumults and other disturbances of public order?

They are:
1. Causing any serious disturbance in a public place, office or establishment;
2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in
Arts. 131 and 132;
3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place;
4. Displaying placards or emblems which provoke a disturbance of public order in such place;
5. Burying with pomp the body of a person who has been legally executed.

"Serious disturbance" must be planned or intended.

Meaning of "outcry."
The word "outcry" in this article means to shout subversive or provocative words tending to stir up the people to obtain
by means of force or violence any of the objects of rebellion or sedition.

If the act of disturbing or interrupting a meeting or religious ceremony is not committed by public officers, or if
committed by public officers they are participants therein, Article 153 should be applied.

Definition of the term "tumultuous."

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed
or provided with means of violence.

Art. 154. Unlawful use of means of publication and unlawful utterances. —

The penalty of arresto mayor* and a fine ranging from 200 to 1,000 pesos shall be imposed upon:

. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be
published as news any false news which may endanger the public order, or cause damage to the interest or credit of the
State;

2. Any person who by the same means, or by words, utterances or speeches, shall encourage disobedience to the law or
to the constituted authorities or praise, justify, or extol any act punished by law;

3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper
authority, or before they have been published officially; or

4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets,
periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous. (As amended by
Com. Act No. 202.)
Acts punished as unlawful use of means of publication and unlawful utterances:

(1) By publishing or causing to be published, by means of printing, lithography or any other means of publication, as
news any false news which may endanger the public order, or cause damage to the interest or credit of the State.
(2) By encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act
punished by law, by the same means or by words, utterances or speeches. (
3) By maliciously publishing or causing to be published any official resolution or document without proper authority, or
before they have been published officially.
(4) By printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not
bear the real printer's name, or which are classified as anonymous.

Art. 155. Alarms and scandals.

— The penalty of arresto menor or a fine not exceeding 200 pesos shall be imposed upon:

1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosive
calculated to cause alarm or danger;
2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another
or prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb
the public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that
the circumstances of the case shall not make the provisions of Article 153 applicable.

Acts punished as alarms and scandals.

1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause
(which produces) alarm or danger.
2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to
public tranquility.
3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements.
4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable.

"Charivari," defined.
The term "charivari" includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tins,
horns, etc., designed to annoy and insult.

Art. 156. Delivering prisoners from jail. — The penalty of arresto mayor in its maximum period5 to prision correccional
in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any
person confined therein or shall help the escape of such person, by means of violence, intimidation or bribery. If other
means are used, the penalty of arresto mayor* shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the
same penalties shall be imposed in their minimum period.

Elements:

1. That there is a person confined in a jail or penal establishment.

2. That the offender removes therefrom such person, or helps the escape of such person.

Hospital or asylum considered extension of jail or prison.

The guard of the jail, who is off duty, may be held liable for delivering prisoner from jail.

Violence, intimidation or bribery is not necessary.

Employment of deceit is not an element of the offense.

Art. 157. Evasion of service of sentence.1 — The penalty of prision correccional in its medium and maximu m periods 2
shall be imposed upon any convict who shall evade service of his sentenc e by escaping during the term of his
imprisonment by reason of final judgment. However, if such evasion or escape shall have taken place by means of unlawful
entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, disguise, deceit, violence
or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be
prision correccional in its maximum period.

Elements:

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

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

3. That he evades the service of his sentence by escaping during the term of his sentence.

Meaning of the term "escape."

-The term "escape" has been defined as to "flee from; to avoid; to get out of the way, as to flee to avoid arrest."

Quebrantamiento de sentencia. - Evasion of service of sentence

Circumstances qualifying the offense. If such evasion or escape takes place —

1. By means of unlawful entry (this should be "by scaling");

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

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

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

"Unlawful entry." The Spanish text uses the word "escalamiento." Thus, the crime is qualified if committed by climbing or
scaling the wall.

Art. 158. Evasion of service of sentence on the occasion of disorders, conflagrations, earthquakes, or other calamities.

— A convict, who shall evade the service of his sentence, by leaving the penal institution wher e he shall have been
confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or
during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be
served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the
authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the
passing away of such calamity.

Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the
authorities within the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98.

Elements:

1. That the offender is a convict by final judgment, who is confined in a penal institution.
2. That there is disorder, resulting from — a. conflagration, b. earthquake, c. explosion, d. similar catastrophe, or e.
mutiny in which he has not participated.
3. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the
occasion of such disorder or during the mutiny.
4. That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation
by the Chief Executive announcing the passing away of such calamity.
If the offender fails to give himself up, he gets an increased penalty. The penalty is that the accused shall suffer an
increase of 1/5 of the time still remaining to be served under the original sentence, not to exceed six (6) months.

If the offender gives himself up he is entitled to a deduction of 1/5 of his sentence. If he gives himself up to the
authorities within 48 hours, he shall be entitled to 1/5 deduction of the period of his sentence. (Art. 98)

Art. 159. Other cases of evasion of service of sentence.* — The penalty of prision correccional in its minimum period
shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any
of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six
years, the convict shall then suffer the unexpired portion of his original sentence.

Nature of conditional pardon — it is a contract.

- A conditional pardon is a contract between the Chief Executive, who grants the pardon, and the convict, who accepts
it. Since it is a contract, the pardoned convict is bound to fulfill its conditions and accept all its consequences, not as he
chooses, but according to its strict terms.

Elements of the offense of violation of conditional pardon.

1. That the offender was a convict.

2. That he was granted a conditional pardon by the Chief Executive.
3. That he violated any of the conditions of such pardon

Two penalties are provided for in this article.

a. Prision correccional in its minimum period — if the penalty remitted does not exceed 6 years.
b. The unexpired portion of his original sentence — if the penalty remitted is higher than 6 years.

Is violation of conditional pardon a substantive offense?

-Violation of conditional pardon is not a substantive offense, because the penalty imposed for such violation is the
unexpired portion of the punishment in the original sentence

Art. 160. Commission of another crime during service of penalty imposed for another previous offense — Penalty. —
Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final
judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum
period of the penalty prescribed by law for the new felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of
seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching said
age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency.

Art. 160 provides for the so-called quasi-recidivism.

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.

Elements:

1. That the offender was already convicted by final judgment of one offense.

2. That he committed a new felony before beginning to serve such sentence or while serving the same.

Quasi-recidivism does not require that the two offenses are embraced in the same title of the Code.

Quasi-recidivism, distinguished from reiteracion

The aggravating circumstance of "reiteracion" 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 (Art. 160,
R.P.C.) was correctly considered against all the accused.

Quasi-recidivism cannot be offset by ordinary mitigating circumstances.

A quasi-recidivist may be pardoned at the age of 70 years.

But only a convict "who is not a habitual criminal" shall be pardoned.