ART.
149 – INDIRECT ASSAULTS Legislative bodies which can invoke the power
Penalty of prision correccional in its minimum and medium and a fine not
exceeding 100,000.00 pesos
Indirect assault
- Is committed by any person who shall use force or intimidation
upon any private person who comes to the aid of authorities or
their agents while the latter was performing his functions, or by
reason of such performance.
- Indirect assault cannot be committed without direct assault.
Elements
1. That a person in authority or his agent is the victim of any of the
forms of direct assault defined 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.
ART. 150 – DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL
ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES, OR
DIVISIONS
Penalty of arresto mayor or a fine ranging from 40,000.00 pesos to
200,000.00 pesos or both
Acts punishable under Art. 150
1. Refusal, without legal excuse, to obey the summons issued by
congress, or Constitutional Commissions, its regular committees,
special committees, or subcommittees.
2. Being present before any such legislative or constitutional body or
official, refuses to be sworn or placed under affirmation or to
answer any legal inquiry.
3. Refusal 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. Restraining another from attending as a witness, or who shall
induce disobedience to a summon or refusal to be sworn by any
such body or official.
1. The Congress, composed of the Senate and the House of
Representatives, and its standing committees and subcommittees
2. The Constitutional Commissions, and their committees,
subcommittees or divisions
3. Any commission, the chairman or authorized to issue summon.
What the law punishes
- The law punishes a person who refuses to appear before the Senate
or the House of Representatives when summoned and called upon a
witness.
Notes:
 Any of the acts punished by Art. 150 may also constitute contempt
of Congress.
 The period of imprisonment under the inherent power of contempt
by the Senate during inquiries in aid of legislation should only last
until the termination of the legislative inquiry under which the said
power is invoked.
 Accordingly, as long as there is a legitimate legislative inquiry, then
the inherent power of contempt by the Senate may be properly
exercised.
ART. 151 – RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY
OR THE AGENTS OF SUCH PERSON
Penalty of arresto mayor and a fine not exceeding 100,000.00 pesos
Arresto menot or a fine ranging from 10 to 100 pesos – when the
disobedience to an agent of a person in authority is not of a serious nature
Elements of the resistance and serious disobedience
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 or his
agent
Note:
 A valid defense of person or property is not resistance or
disobedience
 Refusal to obey a valid order of a person in authority is
disobedience.
 It is essential that the accused knew that the person he resisted or
disobeyed is a person in authority or his agent.
Elements of resistance or simple disobedience
1. That he resisted or seriously disobeyed a person in authority, or an
agent of a person in authority
2. That the resistance or serious disobedience to person in authority or
his agent was made while he was performing his official duties
3. That the resistance or disobedience is not tantamount of direct
assault, indirect assault, or disobedience to summons.
ART. 152 – PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN
AUTHORITY; WHO SHALL BE DEEMED AS SUCH
Person in authority, defined
- Is one who is directly vested with jurisdiction, whether as an
individual or as a member of some court or governmental
corporation, board, or commission
- Judges, justices, mayors, governors, etc. are examples of persons in
authority who are vested directly with jurisdiction
- Teachers, professors, and persons charged with the supervision of
public or duly recognized private schools, colleges, and universities,
are likewise considered as persons in authority for purpose of Art.
148 and Art. 151
- Lawyers in the actual performance of their duties or on occasion of
such performance
- The character of a person in authority is not assured or laid off at
will, but attached to a public official until he ceases to be in office.
Agent of person in authority, defined
 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
 Any person who comes to the aid of persons in authority
 Examples are policemen, barangay tanod, or even persons who
come to the aid of persons in authority
Local Government Code Section 388. Persons in Authority. - For purposes of
the Revised Penal Code, the punong barangay, sangguniang barangay
members, and members of the lupong tagapamayapa in each barangay shall
be deemed as persons in authority in their jurisdictions, while other
barangay officials and members who may be designated by law or ordinance
and charged with the maintenance of public order, protection and security
of life and property, or the maintenance of a desirable and balanced
environment, and any barangay member who comes to the aid of persons in
authority, shall be deemed agents of persons in authority.
Directly vested with jurisdiction
 Is meant the power and authority to govern and execute laws
Chapter Five – Public Disorders
ART. 153 – TUMULTS AND OTHER DISTURBANCE OF PUBLIC ORDERS;
TUMULTUOUS DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE
DITRUBANCE
Penalty of arresto mayor in its medium to prision correccional in its
minimum and a fine not exceeding 200,000.00 pesos – any person who shall
cause any serious disturbance in a public place, office, or establishment or
shall interrupt or disturb public performances, functions, or gatherings, or
peaceful meetings if the act is not included in the provisions of Art. 131 and
132
Penalty next higher in degree – any persons causing any disturbance or
interruption of a tumultuous character
Penalty of arresto mayor – any person, who in any meeting, association, or
public place shall make any outcry tending to incite rebellion or sedition or
in such place shall display placards or emblems which provoke a disturbance
of the public order
Penalty of arresto menor and a fine not exceeding 40,000 pesos – persons
who, in violation of the provisions contained in the last clause of Art. 85,
shall bury with pomp the body of a person who has been legally executed
Acts which are punished as disturbance of public order under Art. 153
1. Causing any serious disturbance in a public place, office or
establishment
2. Interrupting of disturbing public performances, functions, or
gatherings, or peaceful meetings if the act is not included in the
provisions if Arts. 131-132; causing any disturbance or interruption
of a tumultuous character
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
Notes:
 Serious disturbance must be planned or intended.
 The word “outcry” as used 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
Circumstances qualifying the disturbance or interruption
 The penalty next higher in degree shall be imposed upon persons
causing any disturbance or interruption of a tumultuous character.
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 EMANS OF PUBLICATION AND UNLAWFUL
UTTERANCES
Penalty of arresto mayor and a fine ranging from 40,000.00 pesos to
200,000.00 pesos.
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 praise, justify, or extol 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.
Notes:
 Actual public disorder or actual damage to the credit of the State is
not necessary. The mere possibility of causing such danger or
damage is sufficient.
 The offender must know that the news if false. Otherwise, he is not
liable under this article, there being no criminal intent on his part.
ART. 155 – ALARMS AND SCANDALS
Penalty of arresto menor or a fine not exceeding 40,000.00 pesos
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.
Notes:
 The discharge of firearm under Art. 155 should not be aimed at a
person; otherwise, the offense would fall under Art. 254, punishing
discharge of firearm.
  “Calculated to cause alarm or danger” means the act must produce
alarm of danger as a consequence. Hence, it is the result, not the
intent, that counts.
 Art. 155 does not make any distinction as to the particular place in
the town or public place where the discharge of firearm, rocket, etc.
is affected.
 If the disturbance is of a serious nature, the case will fall under Art.
153.
Charivari, defined
 Charivari includes a medley of discordant voices, a mock serenade
of discordant noises made on kettles, tins, horns, etc., designed to
annoy or insult.
 The reason for punishing instigating or taking active part in charivari
and other disorderly meeting is to prevent more serious disorders.
ART. 156 – DELIVERY OF PRISONERS FROM JAILS
Penalty of arresto mayor in its maximum to prision correccional in its
minimum – 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.
Penalty of arresto mayor – if other means are used
Elements of delivery of prisoners from jail
1. The offender is any person
2. That he removes or helps the escape from any jail or penal
establishment any person confined therein, or while the person
detained was outside the penal establishment
3. That the detainee is either a detention prisoner or a convict by final
judgment
4. That the escape was effected through violence, intimidation, or
bribery or other means.
 If the escape was by means of violence, intimidation, or bribery, a
higher penalty is imposed. However, if it is by other means, the
penalty is lower.
Notes:
 The persons liable under this article is any person including public
officers who are not tasked with the custody of the prisoner.
 If it was the prison guard, he is liable for Infidelity in the Custody of
prisoner, specifically, conniving with or consenting to evasion
defined and penalized under Art. 223 of the RPC.
 Hospital or asylum is considered an extension of jail or prison.
 The employment of deceit is not an essential or integral element of
the crime of delivery of prisoners from jail.
 If the crime committed by the prisoner is treason, murder, or
parricide, the offender of the crime of delivery of prisoners from jail
is considered as an accessory because he assists in the escape of the
principal
Chapter Six – Evasion of Service of Sentence
ART. 157 – EVASION OF SERVICE OF SENTENCE
Penalty of prision correccional in its medium and maximum periods – any
convict who shall evade service of his sentence by escaping during the term
of his imprisonment by reason of final judgment
Penalty of prision correccional in its maximum – 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, or false keys,
deceit, violence, or intimidation, or through connivance with other convicts
or employees of the penal institution
The following requisites must concur
1. The offender is convict by final judgment of a crime
2. That he evaded the service of his sentence consisting of deprivation
of liberty
3. He evades the service of his sentence by escaping during the term
of his imprisonment
Aggravating circumstances
 If the escape made possible by means of unlawful entry, by breaking
doors, windows, gates, walls, roofs, or floors, or by using picklocks,
or false keys, deceit, violence, or intimidation, or through
 connivance with other convicts or employees of the penal
institution
Evasion is committed even if the convict did jot escape or leave the jail
 If the jailers or custodians accorded the convict with special
treatment that he appears to have not suffered at all by virtue of his
imprisonment, there is deemed to be service of sentence.
“Escape”, defined
 Escape in legal parlance and for purpose of Arts. 93 and 157 of the
RPC, means the unlawful departure of prisoner form the limits of his
custody
ART. 158 – EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDER, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES
Elements which must concur
1. That the offender is convicted by final judgment of a crime
2. That he is serving his sentence at a penal establishment
3. That he evaded the service of his sentence by leaving the penal
institution on the occasion of disorder resulting from a catastrophe
or during a mutiny which he has not participated
4. That he did not give himself up within 48 hours following the
proclamation announcing the passing away of the calamity
 Special time allowance (1/5 deduction) for loyalty granted to those
who do not escape during conflagration provided for under Art. 98
in relation to Art. 158.
Notes:
 The failure of the convict to give himself up to the authorities within
48 hours after the proclamation announcing the passing away of the
calamity is what is punished under this article.
 If the offender fails to give himself up, the convict shall suffer an
increase of 1/5 of the time still remaining to be served under the
original sentence, not to exceed six months.
ART. 159 – OTHER CASES OF EVASDION OF SERVICE OF SENTENCE
Conditional pardon, its nature
 Conditional pardon is a contract between the Chief Executive, who
grants the pardon, and the convict, who accepts it.
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
1. Prision correccional in its minimum period – if the penalty remitted
does not exceed six years
2. Then unexpired portion of his original sentence – if the penalty
remitted is higher than six years
Notes:
 Violation of conditional pardon is not a substantive offense because
the penalty imposed for such violation us the unexpired portion of
the punishment in the original sentence.
 The condition imposed upon the prisoner that he should not
commit another crime, extends to offenses punished by special
laws.
 Offender can be arrested and reincarcerated without trial.
 The time during which the convict was out of prison cannot be
deducted from the unexecuted portion of his sentence.
Chapter Seven – Commission of another crime during service of penalty
imposed for another previous offense
ART. 160 – COMMISSION OF ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER OFFENSE
Quasi-recidivism, defined
- 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.
- It cannot be offset by the mitigating circumstances of plea of guilty
and voluntary surrender nor reduce the imposable penalty.
Notes:
 New offense does not mean that the new felony which is committed
by a person already serving his sentence is different from the crime
for which he is serving sentence.
 Quasi-recidivism does not require that the two offenses are
embraced in the same title of this Code.
 A quasi-recidivist may be pardoned at the age of 70 years who has
already served out his original sentence, or when he shall complete
it after reaching such age, unless by reason of his conduct or other
circumstances, he shall not be worthy of such clemency. But only a
convict who is not a habitual criminal shall be pardoned.
Title Four
CRIMES AGAINST PUBLIC INTEREST
Chapter One – Forgeries
Section 1 – Forging the seal of the Government of the Philippine Islands,
the signature or stamp of the Chief Executive
ART. 161 – COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF
THE PHILIPPINE ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE
CHIEF EXECUTIVE
Acts punished with reclusion temporal
1. Forging the Great Seal of the Government of the Philippines
2. Forging the signature of the President
3. Forging the stamp of the President
Great Seal of the Republic of the Philippines
- Is circular in form, with arms consisting of paleways of two pieces,
azure, and gules; a chief argent studded with three golden stars
equidistant from each other; in point of honor, ovoid argent over
the sun rayonnant with 8 minor and lesser rays; in sinister base
gules, the Lion Rampant of Spain’ in dexter base azure, the
American Eagle displayed proper; and surrounding the whole is the
double marginal circle within which are the words “Republic of the
Philippines”

Custody and use of the Great Seal
- The Great Seal shall be and remain in the custody of the President
of the Philippines, and shall be affixed to or placed upon all
commission signed by him, and upon such other official documents
and papers of the Republic of the Philippines as may by law be
provided, or as may be required by custom and usage in the
discretion of the President of the Philippines.
ART. 162 – USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP
Penalty of prision mayor
Counterfeiting, its nature
- Consists of making one thing so similar to another that they can only
be distinguished with difficulty.
Elements of Art. 162
1. That a person is in possession of a counterfeit Great Seal of the
Philippines, or in possession of a document purporting to have the
seal of the Republic or the signature of the President
2. That he knows that the seal is not genuine but a counterfeit seal, or
that the signature of the President is forged
3. That he knowingly used the said document despite the knowledge
that the seal is counterfeit, or the signature was forged.
Section 2 – Counterfeiting Coins
ART. 163 – MAKING AND IMPORTING AND UTTERING FALSE COINS
Penalty of prision mayor in its minimum and medium periods and a fine not
to exceed 400,000 pesos, if the counterfeited coin be silver coin of the
Philippines or coin of the Central Bank of the Philippines of ten centavo
denomination or above.
Prision correccional in its minimum and medium periods and a fine of not to
exceed 200,000 pesos, if the counterfeited coins be currency of another
country
Elements
1. That there be false or counterfeited coins
2. That the offender either made, imported, or uttered such coins
3. That in case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importers
Coins, defined
- Is a piece of metal stamped with certain marks and made current at
a certain value
- A coin is counterfeited or false if it is forged or if it is not authorized
by the government as legal tender, regardless of its intrinsic value.
“Utter”, its meaning
- To utter is to pass counterfeited coins. It includes the delivery or the
act of giving them away.
Kinds of coins the counterfeiting of which is punished
1. Any of the coinage of the Philippines
2. Coin of the currency of a foreign country
ART. 164 – MUTILATION OF COINS; IMPORTATION AND UTTERANCE OF
MUTILATED COINS
Penalty of prision correccional in its minimum period and a fine not to
exceed 400,000 pesos
Acts punished under Art. 164
1. Mutilating coins of the legal currency, with the further requirement
that there be intent to damage or to defraud another
2. Importing or uttering such mutilated coins, with the further
requirement that there must be connivance with the mutilator or
importer in case of uttering.
Mutilation
- Mutilation means to take off part of the metal either by filling it or
substituting it for another metal of inferior quality.
- Mutilation is to diminish by ingenuous means the metal in the coin.
- It is indispensable that the mutilated coin be of legal tender.
Note: Coins of foreign country NOT included.
ART. 165 – SELLING OF FALSE OR MUTILATED COIN, WITHOUT
CONNIVANCE
Penalty lower by one degree than that prescribed in said articles.
Acts punished under Art. 165
1. Possession of coin, counterfeited or mutilated by another person,
with intent to utter the same, knowing that it is false or mutilated
Elements:
 Possession;
 With intent to utter; and,
 Knowledge.
2. Actually uttering such false or mutilated coin, knowing the same to
be false or mutilated
Elements:
 Actually uttering; and
 Knowledge.
Note:
 Possession of or uttering false coin does not require that the
counterfeited coin is legal tender. But, if the coin being uttered or
possessed with intent to utter is a mutilated coin, it must be legal
tender coin.
 Possession of counterfeiter or importer not punished as separate
offense.
Section 3 – Forging treasury or bank notes, obligations and securities,
importing and uttering false or forged notes, obligations and securities
ART. 166 – FORGING TREASURY OR BANK NTOES OR OTHER DOCUMENTS
PAYABLE TO BEARER; IMPORTING, AND UTTERING SUCH FALSE OR
FORGED NOTED AND DOCUMENTS
By reclusion temporal in its minimum period and a fine not to exceed
2,000,000 pesos, if the document which has been falsified, counterfeited, or
altered, is an obligations or security of the Philippines.
By prision mayor in its maximum period and a fine not to exceed 1,000,000
pesos, if the falsified or altered document is a circulating note issued by any
banking association duly authorized by law to issue the same.
By prision mayor in its medium period and a fine not to exceed 1,000,000
pesos, if the falsified or counterfeited document was issued by a foreign
government.
By prision mayor in its minimum period and a fine not to exceed 400,000
pesos, when the forged or altered document is a circulating note or bill
issued by a foreign bank duly authorized therefor.
Acts penalized under Art. 166
1. The forging or falsification of treasury or bank notes or certificates
or other obligations and securities payable to bearer.
2. The importation and uttering in connivance with forgers or
importers if such false or forged obligations or notes.
How committed
 Forging is committed by giving to a treasury or bank note or any
instrument payable to bearer or to order the appearance of a true
and genuine document.
 Falsification is committed by erasing, substituting, counterfeiting, or
altering by any means, the figures, letters, words, or signs contained
therein.
Notes:
 Importation of false or forged obligations or notes means to being
them into the Philippines, which presupposes that the obligations or
noted are forged or falsified in a foreign country.
 Uttering false or forged obligations or notes means offering
obligations or notes knowing them to be false or forged, whether
such offer is accepted or not, with a representation, by words or
actions, that they are genuine and with an intent to defraud.
Burden of proof
- The burden of proof lies on the party alleging forgery.
What may be forged or falsified under Art. 166
 1. Treasury or bank notes
2. Certificates
3. Other obligations and securities, payable to bearer
Negotiable Instruments Law – Section 9
1. When it is expressed to be so payable
2. When it is payable to a person named therein or bearer
3. When it is payable to the order of a fictitious or non-existing person,
and such fact was known to the person making it so payable
4. When the name of the payee does not purport to be the name of
any person
5. When the only or last indorsement is an indorsement in blank.
Obligations or securities, defined
- Refer to all bonds, certificates of indebtedness, national bank notes,
fractional notes, certificates of deposits, bills, checks, or drafts for
money, drawn by or upon authorized officers of the Philippines and
other representatives of value, of whatever denomination, which
have been or may be issued under any Act of the Congress of the
Philippines.
ART. 167 – COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS
NOT PAYABLE TO BEARER
Penalties of prision correccional in its medium and maximum periods and a
fine not exceeding 1,200,000 pesos.
Negotiable Instruments Law
Sec. 8. When payable to order. - The instrument is payable to order where it
is drawn payable to the order of a specified person or to him or his order. It
may be drawn payable to the order of:
(a) A payee who is not maker, drawer, or drawee; or
(b) The drawer or maker; or
(c) The drawee; or
(d) Two or more payees jointly; or
(e) One or some of several payees; or
(f) The holder of an office for the time being.
Where the instrument is payable to order, the payee must be named or
otherwise indicated therein with reasonable certainty.
Instruments payable to order
- The negotiable documents referred to in this article are the
instruments that may be transferred to whomever the payee
orders, allowing further negotiation of the instrument.
- Possession of genuine treasury notes with erasures and alterations
with intent to use such notes is punishable.
ART. 168 – ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK
NOTES AND OTHER INSTRUMENTS OF CREDIT
 For it to constitute an offense under Art. 168, the possession must
be with the intent to use said false treasury or bank notes.
How to prove that a bank note is forged
- Evidence must be presented that the number which the questioned
bank note bears does not check with the genuine one issued with
the same number.
- The accused must have knowledge of the forged character of the
note.
Notes:
 A person in possession of falsified document and who makes use of
the same is presumed to be material author of falsification.
 Mere possession of false money bill, without intent to use it to the
damage of another, is not a crime.
 The accused has the burden to give satisfactory explanation of his
possession of forged bills.
ART. 169 – HOW FORGERY IS COMMITTED
Modes of committing forgery
1. By giving a treasury bank note, or any instrument payable to bearer
or to order mentioned therein, the appearance of a true and
genuine document.
2. By erasing, substituting, counterfeiting, or altering by any means the
figures, letters, words, or sign contained therein.