CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

These crimes may be prosecuted although the criminal act or acts were committed
outside of Philippine territorial jurisdiction.

This is one of the instance where the RPC may be given extraterritorial application
under the article 2(5) thereof. However, prosecution can proceed only of offender is:
a. Within the Philippine territory
b. Brought to the Philippines pursuant to an extradition treaty

GENERAL RULE:
Almost all of these are crimes committed only in times of war

EXCEPTION:
Offenses that can be committed in times of peace:
1. Espionage

1
 2. Inciting to war or giving motives for reprisals
3. Violation of neutrality

CRIMES AGAINST NATIONAL SECURITY

ARTICLE 14 TREASON
GENERAL CONCEPTS:
1. TREASON:
 Breach of allegiance to a government committed by a person who owes
allegiance to it.
2. TWO MODES OF COMMISSION:
a. Levying war
b. Adherence to the enemy and giving of aid and comfort
3. PLACE OF COMMISSION
a. By a filipino citizen; can be committed outside of the Philippines
b. By an alien: must be committed in the Philippines.
4. NATURE: CONTINUING CRIMES:

2
 It may be committed by one single act, by a series of acts, or by several series
thereof, not only in a single time, but in different times, it being continuous crime.

ELEMENTS
MODE 1. LEVYING WAR (AWLAT) MODE 2 ADHERENCE TO THE ENEMY
GIVING OF AID AND COMFORT (AWAG)
1. offender is a filipino or resident alien owing allegiance to the government of the
Philippines.
2. there is a war in which the Philippines is involved.
3. the offender levies war against the 3. offendersadherence to the enemies
government. andgives them aid or comfort.
4. there must be an actual assembly of
men.
5. it is for the purpose of executing a
treasonable design by force.

3
ALLEGIANCE:
The obligation for fidelity and obedience which the individual owes to the government
under which he lives, or to his sovereign in return for the protection he receives.

NATURE: allegiance can be:

I. PERMANENT:
 Obligation of fidelity and obedience which a citizen or sovereign.
II. TEMPORARY:
 Obligation of fidelity and obedience which a resident alien owes to his
government.

ADHERENCE:
An intent to betray when a citizen intellectually or emotionally favors the enemy and
harbors sympathies or convictions.

4
 ADHERENCE MAY BE PROVED:
a. By one witness
b. From the nature of the acts itself
c. From the circumstance surrounding the act.

AID OR COMFORT:
An act which strengthens or tends to strengthen the enemy and an act which weakens
or tends to weaken the power of the traitor’s country to resist or to act attack the
enemy.

The overt act of aid and comfort to the enemy must be intentional.

Treatment of common crimes connected with the charge of treason

General rule:
When the killings and other common crimes are charged as overt acts of treason, they
cannot be regarded:

5
 a. Separate crimes
b. As complexed with treason

EXCEPTION:
The rules would not preclude the punishment of murder or other common crimes, if
the prosecution should elect to prosecute the culprit specifically for these crimes,
instead of relying on them as an element of treason.

2 WAYS OF PROVING TREASON (ARTICLE 114 PAR. 2 REVISED PENAL CODE)

a. Testimony of at least two witnesses to the same overt act;
 Two witness rule: the testimony of two witnesses is required to prove
the overt act of giving aid or comfort, but it is not necessary to prove
adgerence. Each of the witnesses must testify to the whole over act;
or if it is separable there must be two witnesses to each part of the
overt act.
b. Confession of accused in open court;

6
 AGGRAVATING CIRCUMSTANCES
ALLOWABLE NOT ALLOWABLE/INHERENT
CIRCUMSTANCES
1. ignominy 1. evident premeditation
2. cruelty 2. abuse of superior strength
3. amount or degree of aid 3. treachery
4. gravity of separate distinct acts of
treason

DEFENSE AGAINST TREASON

ACCEPTABLE
1. duress or uncontrollable fear
2. lawful obedience to a de facto
government
UNACCEPTABLE
1. suspended allegiance and change in
sovereignty
2. loss of citizenship by the mere joining
of army of the enemy.

7
 ARTICLE 115-CONSPIRACY AND PROPOSAL TO COMMIT TREASON
ELEMENTS
CONSPIRACY TO COMMIT TREASON PROPOSAL TO COMMIT TREASON
(WaTLAD) (WonLAP)
1. there is a war in which the Philippines is involved.
2. at least two persons agree to: At least one person decides to:
a) Levy war against the a) Levy war against the
government government; or
b) Adhere to the enemies, giving b) Adhere to the enemies, giving
them aid or comfort them aid or comfort
3. they decide to commit it. That person proposes its execution to
other persons.

The two witness ruledoes not apply (in conspiracy and proposal) because this is a
separate and distinct offense from that of treason.

8
ARTICLE 116 MISPRISON OF TREASON

ELEMENTS

1) Offender is a citizen of the Philippines

2) He has knowledge of conspiracy to commit treason against the government
3) He conceals or does not disclose and make known the same as soon as
possible to the governor or fiscal of the province in which he resides, or the
mayor or fiscal of the city in which he resides.

MISPRISON OF TREASON VS. TREASON

MISPRISON OF TREASON (ARTICLE 116) TREASON (114)

AS TO OFFENDER
Offender is a Filipino Offender may be a filipino or resident
alien owing allegiance to the
government of the Philippines.

9
 Acts punished
What is punishable is the concealment of What is punished is the act of:
failure to disclose of a conspiracy to 1) Levying war
commit treason. 2) Adherence to the enemy giving
them aid and comfort.
Since the provision speaks only of
“knowledge of any conspiracy against”
and not knowledge of treason actually
committed by another, it presupposes
that the crime of treason is not yet
consummated.

ARTICLE 117-ESPIONAGE
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.

10
 2) Disclosing by public officer of confidential information to a foreign
representative.

DISTINCTION BETWEEN MODE 1 AND 2

MODE 1: ENTERING WITHOUT MODE 2: DISCLOSING BY A PUBLIC

AUTHORITY (EAPD)
AS TO ELEMENTS
a) Offender enters a warship, fort
or naval or military
establishment or reservation;
b) He has no authority;
c) His purpose is to obtain
information, plans, photographs
or other data of a confidential
nature
OFFICER (PPD)
i. That the offender is a public
officer.
ii. That he has in his possession the
articles, data or information of a
confidential nature relative to
the defense of the Philippines,
by reason of the public office he
holds;

11
 d) What is sought to be obtained is iii. That he discloses their contents
relative to the defense to the to representative of a foreign
Philippines. nation.
As to offender
Offender can be any person who has no Offender should not be a public officer.
authority to obtain information, plans,
etc
AS REGARDS THE INFORMATION
Information need not be obtained. The Articles, data or information of
intention to obtain information is confidential nature are disclosed.
sufficient.

12
ESPIONAGE VS. TREASON

ESPIONAGE (ARTICLE 117) TREASON (ARTICLE 114)

AS TO THE OFFENDER
Offender can be a citizen or an alien
WHEN COMMITTED
May be committed both in times of war Committed only in times of war
and in times of peace.
HOW COMMITTED
May be committed in many ways Limited to 2 ways of:
i. Levying of war
ii. Adhering to the enemy and
giving him aid or comfort.

13
SECTION 2. PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

ARTICLE 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

ELEMENTS: (UPE)
1) Offender performs unlawful unauthorized acts;
2) The acts:
a) Provoke or give occasion for a war involving or liable to involve the
Philippines;
b) Exposure of filipino citizens to reprisals on their persons or property

ARTICLE 119 VIOLATIONS OF NEUTRALITY

ELEMENTS: (WRV)
1) There is a war in which the Philippines is no involved;
2) There is a regulation issued by a competent authority to enforce neutrality
3) Offender violates the regulation

14
ARTICLE 120 CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS (WC-PCU)
1) There is a war in which the Philippines is not involves
2) Offender makes correspondence with an enemy country or territory occupied
by an enemy troops
3) The correspondence is either:
a) Prohibited by the government or
b) Carried on in ciphers or conventional signs
c) Containing notice or information which might be useful to the enemy

QUALIFYING CIRCUMSTANCE FOR ©:

If the offender intended to aid the enemy by giving such notice or information, the
penalty will be reclusion temporal to death.

NOTE:

15
In this case, the offender may either be prosecuted under this article or for treason. For
practical purposes, prosecution under this article is more expeditious because it will not
require application of the two witness rule.

CORRESPONDENCE:
This is a communication by means of letters which pass between those have friendly or
business relations.
 Even if the correspondent contains innocent matters, if the correspondence
has been prohibited by the government, it is punishable.
 Prohibition by the government is not essential in instance b and c.

ARTICLE 121 FLIGHT TO ENEMY’S COUNTRY

ELEMENTS: (WAAP)
1) There is a war in which the Philippines is involved;
2) Offender owes allegiance to the government;
3) Offender attempts to flee or go to an enemy country;

16
 4) Going to the enemy country is prohibited by competent authority;

NOTES:
 Mere attempts consummates the felony when prohibited by competent
authority consummates the felony
 Aliens may be guilty- the allegiance contemplated in this article is either natural
or temporary allegiance, unlike in other provisions such as article 114 and 116
which have a qualification of not being a foreigner (article 121 rpc)

ARTICLE 122 PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAR OR IN PHILIPPINE
WATERS
ELEMENTS OF PIRACY

MODE 1: ATTACKING OR SEIZING THE MODE 2: SEIZING THE CARGO

VESSEL (VCAS) (vnsi)
1. the vessels is on the high seas or Philippine waters

17
2. offender may be a complement or 2. Offenders are neithermembers of its
passenger of the vessel complement not passengers of the
vessel.
3. the offender attacks or seizes the 3. offenders are neither members of its
vessel complements nor passengers of the
vessel.
4. there is intent to gain
HIGH SEAS:
The part 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.

JURISDICTION:
The jurisdiction of piracy unlike all other crimes has no territorial limits. Pirates are in
law hosteshumani generis. Piracy is a crime not against any particular state but against

18
all mankind. It may be punished in the competent tribunal of any country where the
offender may be found or into which he may be carried.

MUTINY:
Mutiny 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.

PIRACY VS. MUTINY

PIRACY MUTINY
AS TO THE ATTACKER
Persons who attack the vessel or seize Persons who attack the vessel or seize
its cargo are strangers to said vessels its cargo are members of the crew or
passengers.
AS TO NECESSITY OF INTENT TO GAIN
Intent to gain is essential Intent to gain is not essential. The

19
 offenders may only intend to ignore the
ship officers or they may be prompted by
a desire to commit plunder.

PIRACY AS DEFINED IN ARTICLE 122 OF THE REVISED PENAL CODE (AS AMENDED BY
R.A. 7659) VS. PIRACY AS PROVIDED IN P.D. 532 (ANTI-PIRACY AND ANTI HIGHWAY
ROBBERY LAW OF 1974)
PIRACY AS DEFINED IN ARTICLE 122 OF THE P.D. 532
REVISED PENAL CODE (AS AMENDED BY R.A.
7659)
Article 122 of the rpc before its amendment, On the other hand, under presidential decree
provided that piracy must be committed on no. 532 the coverage of the law on piracy
the high sear by any person not a member of embraces any person including a passenger
its complement nor a passenger thereof. or member of the complement of said vessel
Upon its amendment by r.a. no. 7659 the in Philippine water. Hence passenger or not a
coverage of the pertinent provision was member of the complement or not any

20
widened to include offenses committed in person is covered by the law
Philippine waters.

ARTICLE 123 QUALIFIED PIRACY

QUALIFYING CIRCUMSTANCE (BFAMHPR):
1) Whenever the vessel is seized 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.
There is a complex crime, regardless of the number of victims.

PIRATES:
It seems as if “pirates” in paragraph 2 should actually be in paragraph 1 because in
paragraph 1, the mutinees, being already in the vessel, cannot seize the vessel by
boarding or firing upon the same.

21
 CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
CHAPTER 1: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING,
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETING AND
CRIMES AGAINST RELIGIOUS WORSHIP

SECTION 1-ARBITRARY DETENTION OR EXPULSION

ARTICLE 124 ARBITRARY DETENTION
ARBITRARY DETENTION:
Any public officer or employee who without legal grounds detains a person.

ELEMENTS: (PWD)
1) Offender is a public officer or employee
2) He detains a person

22
 3) Detention is without a legal ground; detention is without legal ground if not
made under the following circumstances:
a) Upon the commission of a crime
b) Violent insanity
c) Any other ailment requiring compulsory confinement of the patient in
a hospital

PUBLIC OFFICER OF EMPLOYEE:

The public officers must be vested with authority to detain or order the detention of
persons accused of a crime (policemen and other agents of the law, the judges or
mayors and barangay captains)

DETENTION:
 Refers to the confinement of a person in an enclosure or in any manner
detaining and depriving him of his liberty.
 It can refer to both physical and psychological restraint.

23
ARTICLE 125 DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES:
ELEMENTS:(pdf-12-18-36)
1) Offender is a public officer or employee
2) He detains a person for some legal ground (includes valid warrantless arrests)
3) He fails to deliver such person to the proper judicial authorities within;
a) 12 hours for light penalties
b) 18 hours for correctional penalties
c) 36 hours for afflictive penalties

DELIVERY:
It may also mean constructive delivery (by the filling of the correct information within
the proper court) or the turning over the person arrested to the jurisdiction of the
court. The purpose is to determine whether the offense is bailable or not.

24
WHEN A JUDGE IS NOT AVAILABLE:
Where a judge is not available, the arresting officer is duty bound to release the person
detained, if the maximum hours for detention provided article 125 of the rpchave
already expired.

PERIOD TO DELIVER
GENERAL RULE
Delivery should be made within 12, 24 or 36 hours, depending on the imposable penalty

EXCEPTION:
For those charged with or is suspected of terrorism or conspiracy to commit terrorism,
the applicable period is 14 days which may be extended by a further 10 calendar days if
it is established that:

25
 a) Further detention of the person is necessary to preserve evidence related to
terrorism or complete the investigation;
b) Further detention of the person is necessary to prevent the commission of
terrorism
c) The investigation is being conducted properly and without delay

COMPUTATION:
An election day or special holiday, should not be included in the computation of the
period prescribed by lawfor the filling of complaint or information in courts in cases of
warrantless arrests, it being no office day.

CIRCUMSTANCES CONSIDERED IN DETERMINING THE LIABILITY OF THE OFFENDER:

a) Means of communication
b) Hours of arrest
c) Other circumstances such as:
i. Time of surrender

26
 ii. Material possibility for the fiscal to make the investigation file in time
the necessary information.
WAIVER:
Before the computation or information is filedthe person arrested may ask for a
preliminary investigation in accordance with rule 112 of the revised rules of criminal
procedure, but he must sign a waiver of the provisions of article 125 of the RPC in the
presence of his counsel.

ARBITRARY DETENTION VS. DELAY IN DELIVERY

ARBITRARY DETENTION (ARTICLE 124) DELAY IN DELIVERY (ARTICLE 125)
No warrant of arrest No warrant of arrest, but arrest was
made with legal grounds.
From the beginning, the detention is The detention is legalbut the illegality of
illegal the detention starts from the expiration
of any of the periods specified in article
125.

27
ARTICLE 126 DELAYING RELEASE
ELEMENTS (PDSPP)
1) Offender is a public officer or employee
2) Offender without good reason delays the:
a) Service of the notice of the judicial or executive order for the release
of the prisoner or detention prisoner;
b) Performance of such judicial or executive order for the release of the
prisoner or detention prisoner;
c) Proceedings upon a petition for the release of such person;

ARTICLE 127 EXPULSION

ELEMENTS: PECN
1) Offender is a public officer or employee
2) He either:

28
 a) Expels any person from the Philippines;
b) Compels a person to change residence
3)offender is not authorized to do so by law.

NOTE:
Only a court by final judgment can compel a person to legally change his residence.

ARTICLE 128 VIOLATION OF DOMICILE

ELEMENTS (PN-ESR):
1) Offender is a public officer or employee
2) He is not authorized by judicial order
3) He performed the following acts:
a) Entered the dwelling against the will of the owner
b) Searched for papers or other effects therein without the previous
consent of such owner;

29
 c) Refusal to leave the premises, after having surreptitiously entered
such dwelling and having been required to leave the same;

QUALIFYING CIRCUMSTANCES ARTIC 128 (2) RPC:

a) Nighttime
b) Papers or effects not constituting evidence of a crime are not returned
immediately after the search

MODE 1, MODE 2 AND MODE 3:

MODE 1  DWELLING:
ENTRANCE TO A building or structure, exclusively used for rest and
DWELLING comfort; a combination house and store is not
AGAINST THE considered a “dwelling”
WILL OF THE
 AGAINST THE WILL OF THE OWNER:
OWNER
Presupposes opposition or prohibition by the owner,
whether express or implied and not merely the absence

30
 of consent.
MODE 2 SEARCH WITHOUT  SEARCH:
PREVIOUS CONSENT OF The examination of a persons body or property or
OWNER other area that a person would reasonably expect to
consider as private, conducted by a law enforcement
officer for the purpose of finding evidence of a crime.
 SILENCE OF THE OWNER DURING THE WARRANTLESS
ARREST:
May show implied waiver
MODE 3 REFUSAL TO LEAVE  The entry by itself does not consummate the crime;
THE PREMISES AFTER (A) there must be a directive to leave once discovered and
SURREPTIOUS AND , (B) non-compliance with such directive. In other words,
AFTER BEING REQUIRED TO what constitutes the crime is the refusal of the
LEAVE THE SAME
offender to leave the premises when required to do so-
not the entrance into the dwelling.

31
NOTES:
INHABITANT IS SUFFICIENT;
NOT AUTHORIZED BY JUDICIAL ORDER
RULE 113 RULES OF COURT
Although the code speaks of the owner
of the premises, an inhabitant would be
sufficient if he is the lawful occupant of
the dwelling.
When he is not armed with a search
warrant duly issued by the court.
a public officer who breaks into the
premises incurs no liability when a
person to be arrested enters said
premises and closes it thereafter,
provided that the officer first gives a
notice of arrest.
32
THE FOLLOWING ARE THE ACCEPTED EXCEPTIONS TO THE WARRANT
REQUIREMENTS:
a) Search incidental to an arrest
b) Search of moving vehicles
c) Evidence in plain view
d) Stop and frisk
e) Customs searches
f) Consented warrantless search

Mere suspicion or a hunch will not validate a stop and frisk. A genuine reason must
exist, in light of the police officers experience and surrounding conditions to warrant
the belief that the person detained has weapons concealed about him. A stop and frisk
serves a two fold interest:

33
 a) The general interest of effective crime prevention and detection, which
underlies the recognition that a police officer may, under appropriate
circumstances and in an appropriate manner, approach a person for purposes
of investigating possible criminal behavior even without probable cause;
b) The more pressing interest of safety and self-preservation which permit the
police officer to take steps to assure himself that the person with whom the
deals is not armed with a deadly weapon that could unexpectedly and fatally
be used against the police officer.

ARTICLE 129 SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE

SERVICE OF THOSE LEGALLY OBTAINED:
2 MODES OF COMMISSION:
1) Procuring a search warrant without just cause; or
2) Exceeding his authority or by using unnecessary severity in executing a search
warrant legally procured

34
MODE 1: PROCURING SEARCH
WARRANT WITHOUT JUST CAUSE (PSC)
1. Offender is a public officer or employee.
2. he procures a search warrant. 2. he has already legally procured a
search warrant.
3. there is no just cause. 3. he exceeds his authority or uses
NOTE: unnecessary severity in executing the
The true test of lack just cause is same.
whether the affidavit filed in support of
the application for search warrant has  Exceeding authority:
been drawn in such a manner that Could include seizing property not
perjury that could be charge thereon and covered by the search warrant or
the affiant be held liable for damages executing the warrant during the

35
caused. The oath required must refer to nightmare without express
the truth of the facts within the personal permission from the court. These do
knowledge of the applicant or his not involve “unnecessary severity”
witnesses.
 UNNECESSARY SEVERITY:
Refers to use of unnecessary force in
executing the warrant. The officers
may be acting within their authority in
seizing the property as authorized by
the court, but they did so in such a
way as to e.g. cause undue damage to
property.

ARTICLE 130 SEARCHING DOMICILE WITHOUT WITNESSES:

ELEMENTS: (PASO)
1) Offender is a public officer or employee

36
 2) He is armed with search warrant legally procured
3) He searches the domicile, papers or other belongings of any person
4) The owner or any members of his family, or two witnesses residing in the same
locality are not present.

WITNESSES:
Must be of sufficient age and discretion residing within the same locality.

NOTE:
 Section 8 mandates that the search of a house, room, or any other premisesbe
made in the presence of the lawful occupant thereof or any member of his family
or in the absence of the latter, in the presence of two witnesses of sufficient age
and discretion residing in the same locality.
 From this it can be seen that only in the absence of the lawful occupant thereof or
any member of his family, can two witnesses be resorted to for compliance with

37
 the requirements for the proper execution of a search. In other words this “two
witness” is not an alternative option when:
a) The lawful occupant
b) Any member of his family is present

RATIONALE:
Search in the presence of witnesses specified by the law is mandatory to ensure
regularity in the execution of the search.

CRIMES UNDER SECTION TWO-VIOLATION OF DOMICILE, DISTINGUISHED:

VIOLATION OF DOMICILE SEARCH WARRANTS SEARCHING DOMICILE

(ARTICLE 128) MALICIOUSLY OBTAINED WITHOUT WITNESSES
OR ABUSE IN ITS SERVICE (ARTICLE 130)
(ARTICLE 129)
No warrant is present A warrant is present BUT: A warrant is present, but

38
 1) Warrant was there was a defect in its
maliciously implementation.
obtained;
2) There was abuse
in its execution

ARTICLE 131 PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL

MEETINGS
ELEMENTS (OP-PHA)
1) Offender is a public officer or employee
2) He performs any of the following acts:
a) Prohibiting, interrupting, or dissolving, without legal ground, the holding
of a peaceful meeting
b) Hindering any person from:
i. Joining any lawful association
ii. Attending any of its meetings

39
 c) prohibiting or hindering any person from addressing, either alone or
together with others, any petition to the authorities for the:
i. Correction of abuses
ii. Redress of grievances
DISTURBANCES OF A MUNICIPAL COUNCIL MEETING
Interrupting and dissolving the meeting of a municipal council by a public officer is a
crime against a legislative body which is in violation of Section 1 of Act. No 1755

CRIMES AGAINST RELIGIOUS WORSHIP

ARTICLE 132 INTERRUPTION OF RELIGIOUS WORSHIP

ELEMENTS (PRD)
i. Offender is a public officer or employee
ii. Religious ceremonies or manifestations of any religion are about to take place
or are going on;
iii. Offender prevents or disturbs the same

40
QUALIFYING CIRCUMSTANCE:
If the crime is committed with violence or threats

ACTUAL RELIGIOUS CEREMONY MUST BE CONDUCTED

There must be actually be a religious ceremonybeing conducted on that occasion,
either by itself or in conjunction with some other activity of the religious denomination,
if the offense was committed only in a meeting or rally of a sect, it would be punishable
under article 131.

ARTICLE 133 OFFENDING THE RELIGIOUS FEELINGS

ELEMENTS:
i. Acts complained of were performed
a) In a place devoted to religious worship; or
b) During the celebration of any religious ceremony
ii. The acts must be notoriously offensive to the feelings of the faithful

41
“PLACE DEVOTED TO RELIGIOUS WORSHIP” IS SEPARATED BY THE WORD “OR”
FROM “DURING THE CELEBRATION”
If the acts were performed in the place of worshipit is not necessary that there is a
religious ceremony going on. Similarly, so long as there is a religious ceremony, it need
not be celebrated in a place of worship. The phrase “during the celebration” is
separated by the word “or” from the phrases “place devoted to religious worship”
which indicates that the “religious ceremony” need not be celebrated in a place of
worship.

ACTS NOTORIOUSLY OFFENSIVE TO FEELINGS (RWP)

a) Ridicules or makes light of anything constituting religious dogma
b) Works or scoffs at anything devoted to religious ceremonies
c) Plays with or damages or destroys any object or veneration of the faithful.

42
Whether or not an act is offensive to the religious feelings is a question of factswhich
must be adjudged only according to the feelings of the catholics and not those of other
faithful ones.

INTERRUPTION OF RELIGIOUS WORSHIP VS. OFFENDING THE RELIGIOUS FEELINGS

INTERRUPTION OF RELIGIOUS WORSHIP OFFENDING THE RELIGIOUS FEELINGS

(ARTICLE 132) (ARTICLE 133)
AS TO THE OFFENDER
Public officer or employee Any person, whether a public officer or
private individual.

CRIMES AGAINST PUBLIC ORDER

CHAPTER 1: REBELLION, COUP D’ETAT, SEDITION, AND DISLOYALTY

43
ARTICLE 134-REBELLION OR INSURRECTION
ELEMENTS: (PA-PRD)
a) There is a public uprising
b) There must be taking of arms against the government
c) The purpose of the uprising or movement is to:
1) remove from the allegiance to the government or its laws the
Philippine territory or any part thereof, or any body of land, naval, or
other armed forces; or
2) deprive the chief executive or congress, wholly or partially, of any of
their powers or prerogatives

THE CRIMES OF REBELLION IS CONSUMMATED:

At the very momentgroup of rebels rise publicly and take arms against the
governmentfor the purpose of overthrowing the same by force. The gravamen of the
crime of rebellionis an armed public uprising against the government.

44
PRINCIPLE OF ABSORPTION
All crimes, whether punishable under special or general law, which are components or
ingredients, or committed in furtherance thereof become absorbed in the crime of
rebellion and cannot be isolated and charged as separate crimes themselves.

NOTE:
Of course, this principle is a matter of defense to be interposed by the alleged offender.
If the prosecutor alleges that separate crimes were not committed in furtherance of
rebellion, the courts will not disturbs such exercise discretion. The alleged offender has
the burden of proving that the separate crimes are political crimes.

THE FOLLOWING DOES NOT CONSTITUTES REBELLION

 mere silence
 membership in rebel organization does not automatically qualify as rebellion.

REBELLION VS. TREASON

45
 REBELLION (ARTICLE 134)
The levying of war against the
government during peace time for any
purpose mentioned in article 134
Always involves taking up arms against
the government.
The purpose is merely to substitute the
government with the rebels own form of
government.
REBELLION VS. INSURRECTION
REBELLION (ARTICLE 134)
Object is to completely overthrow and
supplant the existing government.
46
TREASON (ARTICLE 114)
The levying of war was meant to aid the
enemy; or if it would also constitute
adherence to the enemy, giving him aid
or comfort
Mere adherence to the enemy giving aid
and comfort is sufficient.
The purpose of levying war is to help the
enemy.
INSURRECTION (ARTICLE 138)
Object is to effect some change of minor
importance or to prevent the exercise of
 governmental authority with respect to
particular matters or subjects.

REBELLION VS. SEDITION

REBELLION (ARTICLE 134) SEDITION (ARTICLE 139)

There must be taking up arms against the It is sufficient that the public uprising be
government. tumultuous.

TUMULTOUS: If caused by more than

three (3) persons who are armed or
provided with means of violence.
The purpose always political. The purpose may be political or social.

47
  sedition, in its general sense, is
raising of commotions or disturbances
in the state.

ARTICLE 134-A
ELEMENTS:
1. offender is a person or persons belonging to the military or police or holding
any public office or employment;
2. it is committed by a swift attack accompanied by violence, intimidation threat
strategy or stealth
3. the attack is directed against the duly constituted authorities of the republic of
the Philippines or any military camp or installation, communication networks,

48
 public utilities or other facilities needed for the exercise and continued
possession of power
4. the purpose of the attack is to seize or diminish state power;

AS TO WHO COMMITS THE SWIFT ATTACK:

 it may be committed singly or collectively
 it requires as a principal offender a member of the AFP, PNP or a public officer
with or without civilian support.
ARTICLE 135 PENALTY FOR REBELLION, INSURRECTION OR COUP D’ETAT

PERSONS LIABLE FOR REBELLION, INSURRECTION, COUP D E’TAT

1. The leaders
a. rebellion or insurrection:
any person who promotes maintains or heads a rebellion or
insurrection
b. coup d’etat:

49
 any person who leads, directs or commands others to undertake a
coup d’etat
2. the participants
A. REBELLION OR INSURRECTION:
any person who participates of executes the commands of others
B. COUP D’ETAT:
i. Any person in the government service who participate or
executes directions or commands of others; or
ii. any person not in the government service who participates.
supports, finances, abets or aids in undertaking a coup d’etat.
C. REBELLION, INSURRECTION OR COUP D’ETAT:
if under the command of unknown leaders, the following shall be deemed
as leaders of the rebels: those who:
i. directed the others
ii. spoke for others

50
 iii. signed receipts and other documents issued in their name, on
behalf of the rebels.

ARTICLE 136 CONSPIRACY AND PROPOSAL T COMMIT COUP D’ETAT/ REBELLION OR

INSURRECTION
PUNISHABLE ACTS:
i. conspiracy to commit coup d’etat rebellion or insurrection
ii. proposal to commit coup d’etat, rebellion or insurrection

ELEMENTS:

MODE 1: CONSPIRACY TO COMMIT COUP MODE 2 PROPOSAL TO COMMIT COUP

D’ETAT, REBELLION OR INSURRECTION D’ETAT REBELLION OR INSURRECTION
(TD)
1. two or more persons come to an A person has decided to swiftly attack or
agreement to swiftly attack or to to rise publicly and take arms against the

51
 rise publicly and take arms
against the government for any
of the purposes of rebellion or
insurrection;
2. they decide to commit it.
government for any of the purposes of
rebellion or insurrection;
Such person proposes its execution to
some other person or persons;

ARTICLE 137 DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES

ELEMENTS
1. offender is a public officer or employee
2. offender commits any of the following acts:
i. failing to resist a rebellion by all he means in their power

52
 ii. continuing to discharge the duties of their offices under the control of
the rebels
iii. accepts appointment to office under them

o the crime presupposes rebellion committed by other persons; there is no disloyalty

if there is no rebellion going on;
o offender must not be in conspiracy with the rebels; otherwise he is himself guilty of
rebellion because in conspiracy, the act of one is the act of all.

ANTI TERRORISM ACT OF 2020 (R.A. 11479 SEE ATA RULING IN CALLEJA VS.
EXECUTIVE SECRETARY G.R. NO. 252578)

PUNISHABLE ACTS:

53
Section 4. Terrorism.- Subject to Section 49 of this Act, terrorism is committed by any
person who, within or outside the Philippines, regardless of the stage of execution:

(a) Engages in acts intended to cause death or serious bodily injury to any person, or
endangers a person's life;

(b) Engages in acts intended to cause extensive damage or destruction to a

government or public facility, public place or private property;

(c) Engages in acts intended to cause extensive interference with, damage or

destruction to critical infrastructure;

(d) Develops, manufactures, possesses, acquires, transports, supplies or uses weapons,

explosives or of biological, nuclear, radiological or chemical weapons; and

(e) Release of dangerous substances, or causing fire, floods or explosions.

54
when the purpose of such act, by its nature and context, is to intimidate the general
public or a segment thereof, create an atmosphere or spread a message of fear, to
provoke or influence by intimidation the government or any international
organization, or seriously destabilize or destroy the fundamental political,
economic, or social structures of the country, or create a public emergency or
seriously undermine public safety, shall be guilty of committing terrorism and shall
suffer the penalty of life imprisonment without the benefit of parole and the
benefits of Republic Act No. 10592, otherwise known as "An Act Amending Articles
29, 94, 97, 98 and 99 of Act No. 3815, as amended, otherwise known as the Revised
Penal Code". Provided, That, terrorism as defined in this section shall not include
advocacy, protest, dissent, stoppage of work, industrial or mass action, and other
similar exercises of civil and political rights, which are not intended to cause death
or serious physical harm to a person, to endanger a person's life, or to create a
serious risk to public safety.

55
Section 5. Threat to Commit Terrorism.- Any person who shall threaten to commit any
of the acts mentioned in Section 4 hereof shall suffer the penalty of imprisonment of
twelve (12) years.

Section 6. Planning, Training, Preparing, and facilitating the Commission of Terrorism.-

it shall be unlawful for any person to participate in the planning, training, preparation
and facilitation in the commission of terrorism, possessing objects connected with the
preparation for the commission of terrorism, or collecting or making documents
connected with the preparation of terrorism. Any person found guilty of the provisions
of this Act shall suffer the penalty of life imprisonment without the benefit of parole
and the benefits of Republic Act No. 10592.

Section 7. Conspiracy to Commit Terrorism.- Any conspiracy to commit terrorism as

defined and penalized under Section 4 of this Act shall suffer the penalty of life
imprisonment without the benefit of parole and the benefit of Republic Act No. 10592.

56
There is conspiracy when two (2) or more persons come to an agreement concerning
the commission of terrorism as defined in Section 4 hereof and decide to commit the
same.

Section 8. Proposal to Commit Terrorism.- Any person who proposes to commit

terrorism as defined in section 4 hereof shall suffer the penalty of imprisonment of
twelve (12) years.

Section 9. Inciting to Commit Terrorism.- Any person who without taking any direct part
in the commission of terrorism, shall include others to the execution of any of the acts
specified in Section 4 hereof by means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end, shall suffer the penalty of
imprisonment of twelve (12) years.

57
Section 10. Recruitment to and Membership in a Terrorist Organization.- Any person
who shall recruit another to participate in, join, commit or support terrorism or a
terrorist individual or any terrorist organization, association or group of persons
proscribed under Section 26 of this Act, or designated by the United Nations Security
Council as a terrorist organization, or organized for the purpose of engaging in
terrorism, shall suffer the penalty of life imprisonment without the benefit of parole
and the benefits of Republic Act No. 10592.

The same penalty shall be imposed on any person who organizes or facilitates the
travel of individuals to a state other than their state of residence or nationality for the
purpose of recruitment which may be committed through any of the following means:

(a) Recruiting another person to serve in any capacity in or with an armed force in a
foreign state, whether the armed force forms part of the armed forces of the
government of that foreign state or otherwise;

58
(b) Publishing an advertisement or propaganda for the purpose of recruiting persons to
serve in any capacity in or with such armed force;

(c) Publishing an advertisement or propaganda containing any information relating to

the place at which or the manner in which persons may make applications to serve or
obtain information relating to service in any capacity in or with such armed force or
relating to the manner in which persons may travel to a foreign state for the purpose of
serving in any capacity in or with such armed force; or

(d) Performing any other act with intention of facilitating or promoting the recruitment
of persons to serve in any capacity in or with such armed force.

Any person who shall voluntarily and knowingly join any organization, association or
group of persons knowing that such organization, association or group of persons is
proscribed under Section 26 of this Act, or designated by the United Nations Security
Council as a terrorist organization, or organized for the purpose of engaging in
terrorism, shall suffer the penalty of imprisonment of twelve (12) years.

59
Section 11. Foreign Terrorist.- The following acts are unlawful and shall suffer the
penalty of life imprisonment without the benefit of parole and the benefits of Republic
Act No. 10592:

(a) For any person to travel or attempt to travel to a state other than his/her state of
residence or nationality for the purpose of perpetrating, planning, or preparing for, or
participating in terrorism, or providing or receiving terrorist training;

(b) For any person to organize or facilitate the travel of individuals who travel to a state
other than their states of residence or nationality knowing that such travel is for the
purpose of perpetrating, planning, training, or preparing for, or participating in
terrorism or providing or receiving terrorist training; or

60
(c) For any person residing abroad who comes to the Philippines to participate in
perpetrating, planning, training, or preparing for, or participating in terrorism or
provide support for or facilitate or receive terrorist training here or abroad.

Section 12. Providing Material Support to Terrorists.- Any person who provides material
support to any terrorist individual or terrorist organization, association or group of
persons committing any of the acts punishable under Section 4 hereof, knowing that
such individual or organization, association, or group of persons is committing or
planning to commit such acts, shall be liable as principal to any and all terrorist activities
committed by said individuals or organizations, in addition to other criminal liabilities
he/she or they may have incurred in relation thereto

WHO ARE LIABLE

Sec 3 l and m:

61
(l) Terrorist Individual shall refer to any natural person who commits any of the acts
defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Act;

(m) Terrorist Organization, Association or Group of Persons shall refer to any entity

organized for the purpose of engaging in terrorism, or those proscribe under Section 26
hereof of the United Nations Security Council-designated terrorist organization; and

Section 14. Accessory.- Any person who having knowledge of the commission of any of
the crimes defined and penalized under Section 4 of this Act, without having participated
therein, takes part subsequent to its commission in any of the following manner: (a) by
profiting himself/herself or assisting the offender to profit by the effects of the crime; (b) by
concealing or destroying the body of the crime, or the effects, or instruments thereof, in
order to prevent its discovery; or (c) by harboring, concealing, or assisting in the escape of
the principal or conspirator of the crime, shall be liable as an accessory and shall suffer the
penalty of imprisonment of twelve (12) years.

62
No person, regardless of relationship or affinity, shall be exempt from liability under this
section.

SURVEILLANCE OF SUSPECTS AND INTERCEPTION AND RECORDING OF

COMMUNICATIONS (SEC 16)
Section 16. Surveillance of Suspects and Interception and Recording of Communications.-
The provisions of Republic Act No. 4200, otherwise known as the "Anti-Wire Tapping
Law" to the contrary notwithstanding, a law enforcement agent or military personnel may,
upon a written order of the Court of Appeals secretly wiretap, overhear and listen to,
intercept, screen, read, survey, record or collect, with the use of any mode, form, kind or
type of electronic, mechanical or other equipment or device or technology now known or
may hereafter be known to science or with the use of any other suitable ways and means for
the above purposes, any private communications, conversation, discussion/s, data,
information, messages in whatever form, kind or nature, spoken or written words (a)
between members of a judicially declared and outlawed terrorist organization, as provided

63
in Section 26 of this Act; (b) between members of a designated person as defined in Section
3(e) of Republic Act No. 10168; or (c) any person charged with or suspected of committing
any of the crimes defined and penalized under the provisions of this Act: Provided, That,
surveillance, interception and recording of communications between lawyers and clients,
doctors and patients, journalists and their sources and confidential business correspondence
shall not be authorized.

The law enforcement agent or military personnel shall likewise be obligated to (1) file an
ex-parte application with the Court of Appeals for the issuance of an order, to compel
telecommunications service providers (TSP) and internet service providers (ISP) to produce
all customer information and identification records as well as call and text data records,
content and other cellular or internet metadata of any person suspected of any of the crimes
defined and penalized under the provisions of this Act; and (2) furnish the National
Telecommunications Commission (NTC) a copy of said application. The NTC shall
likewise be notified upon the issuance of the order for the purpose of ensuring immediate
compliance.

64
DETENTION WITHOUT JUDICIAL WARRANT (SECTION 29)

Section 29. Detention Without Judicial Warrant of Arrest. - The provisions of Article 125
of the revised Penal Code to the contrary notwithstanding, any law enforcement agent or
military personnel, who, having been duly authorized in writing by the ATC has taken
custody of a person suspected of committing any of the acts defined and penalized under
Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act, shall, without incurring any criminal
liability for delay in the delivery of detained persons to the proper judicial authorities,
deliver said suspected person to the proper judicial authority within a period of fourteen
(14) calendar days counted from the moment the said suspected person has been
apprehended or arrested, detained, and taken into custody by the law enforcement agent or
military personnel. The period of detention may be extended to a maximum period of (10)
calendar days if it is established that (1) further detention of the person/s is necessary to
preserve evidence related to terrorism or complete the investigation; (2) further detention of
the person/s is necessary to prevent the commission of another terrorism; and (3) the
investigation is being conducted properly and without delay.

65
Immediately after taking custody of a person suspected of committing terrorism or any
member of a group of persons, organization or association proscribed under Section 26
hereof, the law enforcement agent or military personnel shall notify in writing the judge of
the court nearest the place of apprehension or arrest of the following facts: (a) the time,
date, and manner of arrest; (b) the location or locations of the detained suspect/s and (c) the
physical and mental condition of the detained suspect/s. The law enforcement agent or
military personnel shall likewise furnish the ATC and the Commission on Human Rights
(CHR) of the written notice given to the judge.

The head of the detaining facility shall ensure that the detained suspect is informed of
his/her rights as a detainee and shall ensure access to the detainee by his/her counsel or
agencies and entities authorized by law to exercise visitorial powers over detention
facilities.

The penalty of imprisonment of ten (10) years shall be imposed upon the police or law
enforcement agent or military personnel who fails to notify any judge as provided in the
preceding paragraph.

66
NO TORTURE OR COERCION IN INVESTIGATION AND INTERROGATION:

Section 33. No Torture or Coercion in Investigation and Interrogation. - The use of

torture and other cruel, inhumane and degrading treatment or punishment, as defined
in Sections 4 and 5 of Republic Act no. 9745 otherwise known as the "Anti-Torture Act
of 2009," at any time during the investigation or interrogation of a detained suspected
terrorist is absolutely prohibited and shall be penalized under said law. Any evidence
obtained from said detained person resulting from such treatment shall be, in its entirely,
inadmissible and cannot be used as evidence in any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or hearing.
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE (ARTICLES
124-133)
ANTI TORTURE ACT OF 2009 (R.A. 9745)

67
ACTS OF TORTURE:
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be
limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority
or agent of a person in authority upon another in his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle
butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
(3) Electric shock;

68
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on mucous membranes, or acids or spices directly on
the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or
rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear,
tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;

69
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of
asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a
person, such as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or
agent of a person in authority which are calculated to affect or confuse the mind and/or
undermine a person's dignity and morale, such as:
(1) Blindfolding;

70
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other
wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee
or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another,
creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third
party;
(9) Denial of sleep/rest;

71
(10) Shame infliction such as stripping the person naked, parading him/her in public places,
shaving the victim's head or putting marks on his/her body against his/her will
(11) Deliberately prohibiting the victim to communicate with any member of his/her
family; and
(12) Other analogous acts of mental/psychological torture.
WHO ARE CRIMINALLY LIABLE:
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced
another in the commission of torture or other cruel, inhuman and degrading treatment or
punishment or who cooperated in the execution of the act of torture or other cruel, inhuman
and degrading treatment or punishment by previous or simultaneous acts shall be liable as
principal

72
Any superior military, police or law enforcement officer or senior government official who
issued an order to any lower ranking personnel to commit torture for whatever purpose shall
be held equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate
senior public official of the PNP and other law enforcement agencies shall be held liable as
a principal to the crime of torture or other cruel or inhuman and degrading treatment or
punishment for any act or omission, or negligence committed by him/her that shall have
led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by
his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time,
should have known that acts of torture or other cruel, inhuman and degrading treatment or
punishment shall be committed, is being committed, or has been committed by his/her
subordinates or by others within his/her area of responsibility and, despite such knowledge,
did not take preventive or corrective action either before, during or immediately after its
commission, when he/she has the authority to prevent or investigate allegations of torture or
other cruel, inhuman and degrading treatment or punishment but failed to prevent or

73
investigate allegations of such act, whether deliberately or due to negligence shall also be
liable as principals.
Any public officer or employee shall be liable as an accessory if he/she has knowledge that
torture or other cruel, inhuman and degrading treatment or punishment is being committed
and without having participated therein, either as principal or accomplice, takes part
subsequent to its commission in any of the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the
act of torture or other cruel, inhuman and degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or
punishment and/or destroying the effects or instruments thereof in order to prevent its
discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the
act of torture or other cruel, inhuman and degrading treatment or punishment: Provided,
That the accessory acts are done with the abuse of the official's public functions.
CRIMES AGAINST PUBLIC ORDER

74
ARTICLE 138 INCITING TO REBELLION OR INSURRECTION

ELEMENTS

1. offender does not take arms is not in open hostility against the government;
2. he incites others to the execution of any of the acts of rebellion;
3. the inciting is done by means of speeches, proclamations, writing, emblems,
banners or other representations tending to the same end.

NOTE:

There is no crime of inciting to treason. Article 138 specifically punishes the act of
inciting others to execute any of the acts specified in article 134 which are rebellion or
insurrection.

ARTICLE 139 SEDITION

75
ELEMENTS
1. offenders rise publicly and tumultuously;
TUMULTUOUS:
If cause by more than three persons who are armed or provided with means of
violence.
2. offenders employ force, intimidation, or other means outside of legal methods
3. purposes is to attain any of the following objects:
a) to prevent the promulgation or execution of any law or the holding of any
popular election;
b) to prevent the national government or any provincial or municipal
government or any public officer from exercising its or his functions, or
prevent the execution of an administrative order;
c) to inflict any act of hate or revenge upon the revenge upon the person or
property of any public officer or employee

76
 d) to commit for any political or social end, any act of hate or revenge
against private persons or any social classes
e) to despoil for any political or social end, person, municipality or province,
or the national government of all its property or any part thereof.

Sedition in its general sense, is raising of commotions or disturbance.

USE OF UNLICENSED FIREARM ABSORBED

 sedition absorbs the use of unlicensed firearm as an element thereof; hence, it
is not an aggravating circumstance, and the offender can no longer be
prosecuted for illegal possession of firearm.

SEDITION (A 139) REBELLION (A 134) COUP D’ETAT TREASON (A114)

77
 (A134A)
AS TO THE NATURE OF THE CRIME
Crime against Public Order Crime against
national security
and law of nations
AS TO THE PURPOSE
May be political or Always political; to To seize or diminish To aid the enemy
social overthrow the state power
existing
government
AS TO ACTS COMMITTED
It is sufficient that There must be There is a swift It is the violation by
the public uprising taking up or arms attack a subject of his
is tumultous against the accompanied by allegiance to his
government violence, sovereign.

78
 intimidation,
threat, strategy or
stealth
AS TO THE OFFENDER
There is no distinction as to who may Offender belongs There is no
commit/ to the military or distinction as to
police or holding of who may commit
a public or holding
any public office or
employment.
AS TO REQUIREMENT OF PUBLIC UPRISING
Requires a public Requires a public No requirement No requirement.
and tumultuous uprising or may be carries out
uprising multitude of people singly or
simultaneously
ARTICLE 140: PENALTY FOR SEDITION

79
  prision mayor in its minimum period and a fine not exceeding 2,000.
 other persons participating therein shall suffer the penalty of prision
correccional in its maximum period and a fine not exceeding 1,000.

ARTICLE 141 CONSPIRACY TO COMMIT SEDITION

ELEMENTS
1. two or more persons come to an agreement and a decision to rise publicly and
tumultuously to attain any of the objects or sedition
2. they decide to commit it

NOTE:
 Article 141 only punishes conspiracy to commit sedition
 article 8 provides that conspiracy and proposal to commit a felony are
punishable only when the law provides a penalty therefor, there is then no
felony or proposal to commit sedition.
ARTICLE 142 INCITING TO SEDITION

80
MODE 1. INCITING OTHERS TO THE ACCOMPLISHMENT OF ANY OF THE ACTS WHICH
CONSTITUTE SEDITION BY MEANS OF SPEECHES, PROCLAMATIONS, WRITINGS,
EMBLEMS, ETC.
ELEMENTS:
1. offender does not take direct part in the crime of sedition;
2. he incites others to the accomplishment of any of the acts which constitute
sedition;
3. the inciting is done by means of speeches, proclamations, writings, emblems,
cartoons, banners or other representations tending towards the same end.
MODE 2. UTTERING SEDITIOUS WORDS OR SPEECHES WHICH TEND TO DISTURB THE
PUBLIC PEACE;

MODE 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.
ELEMENTS FOR MODES

81
 1. offender does not take any direct part in the crime of sedition
2. he uttered words or speeches and writing, publishing or circulating scurrilous
libels that:
a) tend to disturb or obstruct any lawful officer in conducting the
functions of his office
b) tend to instigate others to the cabal and meet together for unlawful
purposes
c) suggest or incite rebellious conspiracies or riots
d) lead or tend to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and order of the
government

if the words used tend to create a danger of public uprising then those words could
properly be the subject of a penal clause.

GENERAL RULE:

82
The curtailment of free speech can only be valid if it passes the clear and present danger
test (there is an imminent danger of an evil, which has a high probability of serious injury to
the state)

MODE 4: KNOWINGLY CONCEALING SUCH EVIL PRACTICES

Knowingly concealing such evil practices is an act done by accessory after the fact, but
under this provision, the act is treated and punished as that of the principal.

CRIMES WHERE PROPOSAL, CONSPIRACY OR INCITING IS PUNISHABLE

CRIMES WHERE CRIMES WHERE CRIMES WHERE
PROPOSAL TO CONSPIRACY IS INCITING IS
COMMIT IS PUNISHABLE PUNISHABLE
PUNISHABLE
1. rebellion 1. treason 1. rebellion
2. coup d’etat 2. rebellion 2. insurrection
3. insurrection 3. insurrection 3. sedition
4. treason 4. sedition

83
ARTICLE 143 ACTS TENDING TO PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
ELEMENTS
1. there is a projected or actual meeting of congress or any of its committees or
subcommittees constitutional committees or divisions thereof, or of any provincial
board or city or municipal council board;
2. offender who may be any person, prevents such meetings by:
a) force
b) fraud

ARTICLE 144 DISTURBANCE OF PROCEEDINGS

ELEMENTS:
a) There is a meeting of congress or any of its committees or any of its committees or
subcommittees, constitutional committees or divisions thereof, or of any provincial
board or city or municipal council or board;

84
 b) Offender does not any of the following acts:
1. He disturbs any of such meetings
2. He behave while in the presence of any such bodies in such a manner as
to interrupt its proceedings or to impair the respect due it.

ARTICLE 145 VIOLATION OF PARLIAMENTARY IMMUNITY

2 MODES OF COMMISSION
1. Using force against a member of congress
2. Arrest or search made while congress is in session

MODE 1: USING FORCE, INTIMIDATION, THREATS, OR FRAUDS TO

PREVENT ANY MEMBER OF CONGRESS FROM ATTENDING THE
MEETINGS OF CONGRESS OR OF ANY OF ITS COMMITTEES OR
SUBCOMMITTEES, CONSTITUTIONAL COMMISSIONS OR COMMITTEES
OR DIVISIONS THEREOF, OR FROM EXPRESSING HIS OPINION OR
CASTING HIS VOTE:
ELEMENTS:

85
 1. Offenders uses force, intimidation, threats or fraud;
2. Her arrest or searches any member of congress
3. Congress at the time of arrest or search is in regular or special session
4. The member arrested or searched has not committed a crime punishable under the
code by the penalty of prision mayor or higher.

PARLIAMENTARY IMMUNITY:
Members of congress cannot be arrested for offenses punishable by a penalty less than
prision mayor (6 years and 1 day to 12 years) while congress is in session. They can be
prosecuted after congress adjourns.

ARTICLE 145, MODE 1, USING FORCE TO PREVENT vs. article 143 tending to
prevent

VIOLATION OF PARLIAMENTARY ACTS TENDING TO PREVENT THE

86
IMMUNITY (ARTICLE 145 MODE 1) MEETING OF ASSEMBLY AND
SIMILAR BODIES (ARTICLE 143)
AS TO ACT PUNISHED
Using force, intimidation, threats or frauds The prevention or the projected or actual
to prevent any member of congress from meeting of congress, or any of its
attending the meetings of congress or of any committees or actual committee etc.
of its committees or subcommittees, etc.

ARTICLE 146 ILLEGAL ASSEMBLIES

2 MODES OF COMMISSION
1. Meeting attended by armed persons for the purpose of committing any of the
crimes punishable under the code
2. Meeting in which the audience is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or direct assault

MODE 1 VS. MODE 2

87
MODE 1 FOR THE PURPOSE OF MODE 2 AUDIENCE IS INCITED TO
COMMITTING ANY OF THE CRIMES THE COMMISSION OF THE CRIME
PUNISHABLE UNDER THE CODE OF TREASON INSURRECTION
SEDITION, OR DIRECT ASSAULT
1. There is a meeting, a gathering or group of persons, whether in a fixed place or
moving
2. Meeting is attended by armed Meeting is attended by any persons, whether
persons armed or not.
3. Purpose of the meeting is to Audience is incited to the commission of the
commit any of the crimes crimes of treason, rebellion, or insurrection,
punishable under the code sedition or direct assault.

PERSONS LIABLE FOR ILLEGAL ASSEMBLY:

a) The organizer or leaders of the meeting
b) Persons merely present at the meeting who must have a common intent to commit
the felony of illegal assembly.

88
IF ANY PERSON PRESENT AT THE MEETING CARRIES AN UNLICENSED
FIREARM, IT WILL BE PRESUMED THAT:
a. The purpose of the meeting is to commit acts punishable under the rpc
b. He is considered a leader or organizer of the meeting.

ARTICLE 147. ILLEGAL ASSOCIATIONS:

The following are illegal associations:
Associations totally partially organized for;
1. The purpose of committing any of the crimes punishable under the code
2. Some purpose contrary to public morals

PERSONS LIABLE:
1. Founders, directors and president of the association
2. Mere members of the association

PUBLIC MORALS:

89
Matters which affect the interest of society and public convenience, not limited to good
customs.

ARTICLE 148 DIRECT ASSAULT

2 MODES OF COMMISSION:

[REPUBLIC ACT NO. 10591]

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

ARTICLE I
TITLE, DECLARATION OF POLICY AND
DEFINITION OF TERMS

90
SECTION 1. Short Title. – This Act shall be known as the “Comprehensive Firearms and
Ammunition Regulation Act”.
SEC. 2. Declaration of State Policy. – It is the policy of the State to maintain peace and
order and protect the people against violence. The State also recognizes the right of its
qualified citizens to self-defense through, when it is the reasonable means to repel the
unlawful aggression under the circumstances, the use of firearms. Towards this end, the
State shall provide for a comprehensive law regulating the ownership, possession, carrying,
manufacture, dealing in and importation of firearms, ammunition, or parts thereof, in order
to provide legal support to law enforcement agencies in their campaign against crime, stop
the proliferation of illegal firearms or weapons and the illegal manufacture of firearms or
weapons, ammunition and parts thereof.

SEC. 3. Definition of Terms. – As used in this Act:

(a) Accessories refer to parts of a firearm which may enhance or increase the operational
efficiency or accuracy of a firearm but will not constitute any of the major or minor internal
parts thereof such as, hut not limited to, laser scope, telescopic sight and sound suppressor
or silencer.

91
(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder,
cartridge case and primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm which was manufactured at least seventy-five
(75) years prior to the current date but not including replicas; (2) firearm which is certified
by the National Museum of the Philippines to be curio or relic of museum interest; and (3)
any other firearm which derives a substantial part of its monetary value from the fact that it
is novel, rare, bizarre or because of its association with some historical figure, period or
event.
(d) Arms smuggling refers to the import, export, acquisition, sale, delivery, movement or
transfer of firearms, their parts and components and ammunition, from or across the
territory of one country to that of another country which has not been authorized in
accordance with domestic law in either or both country/countries.
(e) Authority to import refers to a document issued by the Chief of the Philippine National
Police (PNP) authorizing the importation of firearms, or their parts, ammunition and other
components.
(f) Authorized dealer refers to any person, legal entity, corporation, partnership or business
entity duly licensed by the Firearms and Explosive Office (FEO) of the PNP to engage in

92
the business of buying and selling ammunition, firearms or parte thereof, at wholesale or
retail basis.

(g) Authorized importer refers to any person, legal entity, corporation, partnership or
business duly licensed by the FEO of the PNP to engage in the business of importing
ammunition and firearms, or parts thereof into the territory of the Republic of the
Philippines for purposes of sale or distribution under the provisions of this Act.
(h) Authorized manufacturer refers to any person, legal entity, corporation, or partnership
duly licensed by the FEO of the PNP to engage in the business of manufacturing firearms,
and ammunition or parts thereof for purposes of sale or distribution.
(i) Confiscated firearm refers to a firearm that is taken into custody by the PNP, National
Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and all other
law enforcement agencies by reason of their mandate and must be necessarily reported or
turned over to the PEO of the PNP.
(j) Demilitarized firearm refers to a firearm deliberately made incapable of performing its
main purpose of firing a projectile.

93
(k) Duty detail order refers to a document issued by the juridical entity or employer wherein
the details of the disposition of firearm is spelled-out, thus indicating the name of the
employee, the firearm information, the specific duration and location of posting or
assignment and the authorized bonded firearm custodian for the juridical entity to whom
such firearm is turned over after the lapse of the order.
(l) Firearm refers to any handheld or portable weapon, whether a small arm or light
weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile,
which is discharged by means of expansive force of gases from burning gunpowder or other
form of combustion or any similar instrument or implement. For purposes of this Act, the
barrel, frame or receiver is considered a firearm.
(m) Firearms Information Management System (FIMS) refers to the compilation of all data
and information on firearms ownership and disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court order
as accessory penalty or for the disposition by the FEO of the PNP of firearms considered as
abandoned, surrendered, confiscated or revoked in compliance with existing rules and
regulations.

94
(o) Gun club refers to an organization duly registered with and accredited in good standing
by the FEO of the PNP which is established for the purpose of propagating responsible and
safe gun ownership, proper appreciation and use of firearms by its members, for the
purpose of sports and shooting competition, self-defense and collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation, partnership or business duly
licensed by the FEO of the PNP to engage in the business of repairing firearms and other
weapons or constructing or assembling firearms and weapons from finished or
manufactured parts thereof on a per order basis and not in commercial quantities or of
making minor parts for the purpose of repairing or assembling said firearms or weapons.
(q) Imitation firearm refers to a replica of a firearm, or other device that is so substantially
similar in coloration and overall appearance to an existing firearm as to lead a reasonable
person to believe that such imitation firearm is a real firearm.

(r) Licensed citizen refers to any Filipino who complies with the qualifications set forth in
this Act and duly issued with a license to possess or to carry firearms outside of the
residence in accordance with this Act.

95
(s) Licensed, juridical entity refers to corporations, organizations, businesses including
security agencies and local government units (LGUs) which are licensed to own and
possess firearms in accordance with this Act.
(t) Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and
carbines, submachine guns, assault rifles and light machine guns not exceeding caliber
7.62MM which have fully automatic mode; and Class-B Light weapons which refer to
weapons designed for use by two (2) or more persons serving as a crew, or rifles and
machine guns exceeding caliber 7.62MM such as heavy machine guns, handheld
underbarrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank
guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable
launchers of anti-aircraft missile systems, and mortars of a caliber of less than 100MM.

(u) Long certificate of registration refers to licenses issued to government agencies or

offices or government-owned or -controlled corporations for firearms to be used by their
officials and employees who are qualified to possess firearms as provider in this Act,
excluding security guards.

96
(v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm
which has been lost or stolen, illegally manufactured firearms, registered firearms in the
possession of an individual other than the licensee and those with revoked licenses in
accordance with the rules and regulations.
(w) Major part or components of a firearm refers to the barrel, slide, frame, receiver,
cylinder or the bolt assembly. The term also includes any part or kit designed and intended
for use in converting a semi-automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the firearm other than the major parts
which are necessary to effect and complete the action of expelling a projectile by way of
combustion, except those classified as accessories.

(y) Permit to carry firearm outside of residence refers to a written authority issued to a
licensed citizen by the Chief of the PNP which entitles such person to carry his/her
registered or lawfully issued firearm outside of the residence for the duration and purpose
specified in the authority.
(z) Permit to transport firearm refers to a written authority issued to a licensed citizen or
entity by the Chief of the PNP or by a PNP Regional Director which entitles such person or

97
entity to transport a particular firearm from and to a specific location within the duration
and purpose in the authority.
(aa) Residence refers to the place or places of abode of the licensed citizen as indicated in
his/her license.
(bb) Shooting range refers to a facility established for the purpose of firearms training and
skills development, firearm testing, as well as for sports and competition shooting either for
the exclusive use of its members or open to the general public, duly registered with and
accredited in good standing by the FEO of the PNP.

(cc) Short certificate of registration refers to a certificate issued by the FEO of the PNP for
a government official or employee who was issued by his/her employer department, agency
or government-owned or -controlled corporation a firearm covered by the long certificate of
registration.
(dd) Small arms refer to firearms intended to be or primarily designed for individual use or
that which is generally considered to mean a weapon intended to be fired from the hand or
shoulder, which are not capable of fully automatic bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from the hand, which includes:

98
(i) A pistol which is a hand-operated firearm having a chamber integral with or permanently
aligned with the bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a revolving cylinder containing
chambers for individual cartridges.

(2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that can
discharge a bullet through a rifled barrel by different actions of loading, which may be
classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended to fire a number of ball shots
or a single projectile through a smooth bore by the action or energy from burning
gunpowder.
(ee) Sports shooting competition refers to a defensive, precision or practical sport shooting
competition duly authorized by the FEO of the PNP.
(ff) Tampered, obliterated or altered firearm refers to any firearm whose serial number or
other identification or ballistics characteristics have been intentionally tampered with,
obliterated or altered without authority or in order to conceal its source, identity or
ownership.

99
(gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging device
which amplifies available thermal signatures so that the viewed scene becomes clear to the
operator which is used to locate and engage targets during daylight and from low light to
total darkness and operates in adverse conditions such as light rain, light snow, and dry
smoke or in conjunction with other optical and red dot sights.

ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS

SEC. 4. Standards and Requisites for Issuance of and Obtaining a License to Own and
Possess Firearms. – In order to qualify and acquire a license to own and possess a firearm
or firearms and ammunition, the applicant must be a Filipino citizen, at least twenty-one
(21) years old and has gainful work, occupation or business or has filed an Income Tax
Return (ITR) for the preceding year as proof of income, profession, business or occupation.
In addition, the applicant shall submit the following certification issued by appropriate
authorities attesting the following:

100
(a) The applicant has not been convicted of any crime involving moral turpitude:

(b) The applicant has passed the psychiatric test administered by a PNP-accredited
psychologist or psychiatrist;
(c) The applicant has passed the drug test conducted by an accredited and authorized drug
testing laboratory or clinic;
(d) The applicant has passed a gun safety seminar which is administered by the PNP or a
registered and authorized gun club;
(e) The applicant has filed in writing the application to possess a registered firearm which
shall state the personal circumstances of the applicant;
(f) The applicant must present a police clearance from the city or municipality police office;
and
(g) The applicant has not been convicted or is currently an accused in a pending criminal
case before any court of law for a crime that is punishable with a penalty of more than two
(2) years.

101
For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the
courts of law shall qualify the accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be provided in the
implementing rules and regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit
his/her duty detail order to the FEO of the PNP.

SEC. 5. Ownership of Firearms and Ammunition by a Juridical Entity. – A juridical person

maintaining its own security force may be issued a regular license to own and possess
firearms and ammunition under the following conditions:
(a) It must be Filipino-owned and duly registered with the Securities and Exchange
Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; and

(d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal
Revenue.

102
The application shall be made in the name of the juridical person represented by its
President or any of its officers mentioned below as duly authorized in a board resolution to
that effect: Provided, That the officer applying for the juridical entity, shall possess all the
qualifications required of a citizen applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical person are: the vice president,
treasurer, and board secretary.
Security agencies and LGUs shall be included in this category of licensed holders but shall
be subject to additional requirements as may be required by the Chief of the PNP.

SEC. 6. Ownership of Firearms by the National Government. – All firearms owned by the
National Government shall be registered with the FEO of the PNP in the name of the
Republic of the Philippines. Such registration shall be exempt from all duties and taxes that
may otherwise be levied on other authorized owners of firearms. For reason of national
security, firearms of the Armed Forces of the Philippines (AFP), Coast Guard and other law
enforcement agencies shall only be reported to the FEO of the PNP.

103
SEC. 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to
carry firearms outside of residence shall be issued by the Chief of the PNP or his/her duly
authorized representative to any qualified person whose life is under actual threat or his/her
life is in imminent danger due to the nature of his/her profession, occupation or business.
It shall be the burden of the applicant to prove that his/her life is under actual threat by
submitting a threat assessment certificate from the PNP.
For purposes of this Act, the following professionals are considered to be in imminent
danger due to the nature of their profession, occupation or business:

(a) Members of the Philippine Bar;

(b) Certified Public Accountants;

(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and

104
(h) Businessmen, who by the nature of their business or undertaking, are exposed to high
risk of being targets of criminal elements.

ARTICLE III
REGISTRATION AND LICENSING

SEC. 8. Authority to Issue License. – The Chief of the PNP, through the FEO of the PNP,
shall issue licenses to qualified individuals and to cause the registration of firearms.

SEC. 9. Licenses Issued to Individuals. – Subject to the requirements set forth in this Act
and payment of required fees to be determined by the Chief of the PNP, a qualified
individual may be issued the appropriate license under the following categories;

Type 1 license – allows a citizen to own and possess a maximum of two (2) registered
firearms;
Type 2 license – allows a citizen to own and possess a maximum of five (5) registered
firearms;
105
Type 3 license – allows a citizen to own and possess a maximum of ten (10) registered
firearms;
Type 4 license – allows a citizen to own and possess a maximum of fifteen (15) registered
firearms; and

Type 5 license – allows a citizen, who is a certified gun collector, to own and possess more
than fifteen (15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security
measures for the safekeeping of firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond
requirements.

SEC. 10. Firearms That May Be Registered. – Only small arms may be registered by
licensed citizens or licensed juridical entities for ownership, possession and concealed
carry. A light weapon shall be lawfully acquired or possessed exclusively by the AFP, the
PNP and other law enforcement agencies authorized by the President in the performance of
their duties: Provided, That private individuals who already have licenses to possess Class-

106
A light weapons upon the effectivity of this Act shall not be deprived of the privilege to
continue possessing the same and renewing the licenses therefor, for the sole reason that
these firearms are Class “A” light weapons, and shall be required to comply with other
applicable provisions of this Act.

SEC. 11. Registration of Firearms. – The licensed citizen or licensed juridical entity shall
register his/her/its firearms so purchased with the FEO of the PNP in accordance with the
type of license such licensed citizen or licensed juridical entity possesses. A certificate of
registration of the firearm shall be issued upon payment of reasonable fees.

For purposes of this Act, registration refers to the application, approval, record-keeping and
monitoring of firearms with the FEO of the PNP in accordance with the type of license
issued to any person under Section 9 of this Act.

SEC. 12. License to Possess Ammunition Necessarily Included. – The licenses granted to
qualified citizens or juridical entities as provided in Section 9 of this Act shall include the
license to possess ammunition with a maximum of fifty (50) rounds for each registered

107
firearm: Provided; That the FEO of the PNP may allow more ammunition to be possessed
by licensed sports shooters.

SEC. 13. Issuance of License to Manufacture or Deal In Firearms and Ammunition. – Any
person desiring to manufacture or deal in firearms, parts of firearms or ammunition thereof,
or instruments and implements used or intended to be used in the manufacture of firearms,
parts of firearms or ammunition, shall make an application to:

(a) The Secretary of the Department of the Interior and Local Government (DILG) in the
case of an application for a license to manufacture; and
(b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts,
ammunition and gun repair.

The applicant shall state the amount of capitalization for manufacture or cost of the
purchase and sale of said articles intended to be transacted by such applicant; and the types
of firms, ammunition or implements which the applicant intends to manufacture or

108
purchase and sell under the license applied for; and such additional information as may be
especially requested by the Secretary of the DILG or the Chief of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or disapprove such
application based on the prescribed guidelines. In the case of approval, the Secretary of the
DILG or the Chief of the PNP shall indicate the amount of the bond to be executed by the
applicant before the issuance of the license and the period of time by which said license
shall be effective, unless sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary
of the DILG or the Chief of the PNP as the case may be, the same shall be transmitted to
the FEO of the PNP which shall issue the license in accordance with the approved terms
and conditions, upon the execution and delivery by the applicant of the required bond
conditioned upon the faithful compliance on the part of the licensee to the laws and
regulations relative to the business licensed.

SEC. 14. Scope of License to Manufacture Firearms and Ammunition. – The scope of the
License to Manufacture firearms and ammunition shall also include the following:

109
(a) The authority to manufacture and assemble firearms, ammunition, spare parts and
accessories, ammunition components, and reloading of ammunitions, within sites, areas,
and factories stated therein. The Secretary of the DILG shall approve such license;
(b) The license to deal in or sell all the items covered by the License to Manufacture, such
as parts, firearms or ammunition and components;
(c) The authority to subcontract the manufacturing of parts and accessories necessary for
the firearms which the manufacturer is licensed to manufacture: Provided, That the
subcontractor of major parts or major components is also licensed to manufacture firearms
and ammunition; and

(d) The authority to import machinery, equipment, and firearm parts and ammunition
components for the manufacture thereof. Firearm parts and ammunition components to be
imported shall, however, be limited to those authorized to be manufactured as reflected in
the approved License to Manufacture. The Import Permit shall be under the administration
of the PNP.

110
A licensed manufacturer of ammunition is also entitled to import various reference firearms
needed to test the ammunition manufactured under the License to Manufacture. A licensed
manufacturer of firearms, on the other hand, is entitled to import various firearms for
reference, test and evaluation for manufacture of similar, types of firearms covered by the
License to Manufacture.

An export permit shall, however, be necessary to export manufactured parts or finished

products of firearms and ammunition. The Export Permit of firearms and ammunition shall
be under the administration of the PNP.

SEC. 15. Registration of Locally Manufactured and Imported Firearms. – Local

manufacturers and importers of firearms and major parts thereof shall register the same as
follows:

(a) For locally manufactured firearms and major parts thereof, the initial registration shall
be done at the manufacturing facility: Provided, That firearms intended for export shall no
longer be subjected to ballistic identification procedures; and

111
(b) For imported firearms and major parts thereof, the registration shall be done upon
arrival at the FEO of the PNP storage facility.

SEC. 16. License and Scope of License to Deal. – The License to Deal authorizes the
purchase, sale and general business in handling firearms and ammunition, major and minor
parts of firearms, accessories, spare parts, components, and reloading machines, which shall
be issued by the Chief of the PNP.

SEC. 17. License and Scope of License for Gunsmiths. – The license for gunsmiths shall
allow the grantee to repair registered firearms. The license shall include customization of
firearms from finished or manufactured parts thereof on per order basis and not in
commercial quantities and making the minor parts thereof, i.e. pins, triggers, trigger bows,
sights and the like only for the purpose of repairing the registered firearm. The license for
gunsmiths shall be issued by the Chief of the PNP.

112
SEC. 18. Firearms for Use in Sports and Competitions. – A qualified individual shall apply
for a permit to transport his/her registered firearm/s from his/her residence to the firing
range/s and competition sites as may be warranted.

SEC. 19. Renewal of Licenses and Registration. – All types of licenses to possess a firearm
shall be renewed every two (2) years. Failure to renew the license on or before the date of
its expiration shall cause the revocation of the license and of the registration of the firearm/s
under said licensee.

The registration of the firearm shall be renewed every four (4) years. Failure to renew the
registration of the firearm on or before the date of expiration shall cause the revocation of
the license of the firearm. The said firearm shall be confiscated or forfeited in favor of the
government after due process.

The failure to renew a license or registration within the periods stated above on two (2)
occasions shall cause the holder of the firearm to be perpetually disqualified from applying
for any firearm license. The application for the renewal of the license or registration may be

113
submitted to the FEO of the PNP, within six (6) months before the date of the expiration of
such license or registration.

SEC. 20. Inspection and Inventory. – The Chief of the PNP or his/her authorized
representative shall require the submission of reports, inspect or examine the inventory and
records of a licensed manufacturer, dealer or importer of firearms and ammunition during
reasonable hours.

ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS

SEC. 21. Acquisition or Purchase and Sale of Firearms and Ammunition. – Firearms and
ammunition may only be acquired or purchased from authorized dealers, importers or local
manufacturers and may be transferred or sold only from a licensed citizen or licensed
juridical entity to another licensed citizen or licensed juridical entity: Provided, That, during
election periods, the sale and registration of firearms and ammunition and the issuance of

114
the corresponding licenses to citizens shall be allowed on the condition that the transport or
delivery thereof shall strictly comply with the issuances, resolutions, rules and regulations
promulgated by the Commission on Elections.

SEC. 22. Deposit of Firearms by Persons Arriving From Abroad. – A person arriving in the
Philippines who is legally in possession of any firearm or ammunition in his/her country of
origin and who has declared the existence of the firearm upon embarkation and
disembarkation but whose firearm is not registered in the Philippines in accordance with
this Act shall deposit the same upon written receipt with the Collector of Customs for
delivery to the FEO of the PNP for safekeeping, or for the issuance of a permit to transport
if the person is a competitor in a sports shooting competition. If the importation of the same
is allowed and the party in question desires to obtain a domestic firearm license, the same
should be undertaken in accordance with the provisions of this Act. If no license is desired
or leave to import is not granted, the firearm or ammunition in question shall remain in the
custody of the FEO of the PNP until otherwise disposed of in-accordance with law.

115
SEC. 23. Return of Firearms to Owner upon Departure from the Philippines. – Upon the
departure from the Philippines of any person whose firearm or ammunition is in the custody
of the FEO of the PNP, the same shall, upon timely request, be delivered to the person
through the Collector of Customs. In the case of a participant in a local sports shooting
competition, the firearm must be presented to the Collector of Customs before the same is
allowed to be loaded on board the carrier on which the person is to board.

SEC. 24. Safekeeping of Firearms and Ammunition. – Any licensee may deposit a
registered firearm to the FEO of the PNP, or any Police Regional Office for safekeeping.
Reasonable fees for storage shall be imposed.

SEC. 25. Abandoned Firearms and Ammunition. – Any firearm or ammunition deposited in
the custody of the FEO of the PNP pursuant to the provisions of this Act, shall be deemed
to have been abandoned by the owner or his/her authorized representative if he/she failed to
reclaim the same within five (5) years or failed to advise the FEO of the PNP of the
disposition to be made thereof. Thereafter, the FEO of the PNP may dispose of the same
after compliance with established procedures.

116
SEC. 26. Death or Disability of Licensee. – Upon the death or legal disability of the holder
of a firearm license, it shall be the duty of his/her next of kin, nearest relative, legal
representative, or other person who shall knowingly come into possession of such firearm
or ammunition, to deliver the same to the FEO of the PNP or Police Regional Office, and
such firearm or ammunition shall be retained by the police custodian pending the issuance
of a license and its registration in accordance, with this Act. The failure to deliver the
firearm or ammunition within six (6) months after the death or legal disability of the
licensee shall render the possessor liable for illegal possession of the firearm.

SEC. 27. Antique Firearm. – Any person who possesses an antique firearm shall register the
same and secure a collector’s license from the FEO of the PNP. Proper storage of antique
firearm shall be strictly imposed. Noncompliance of this provision shall be considered as
illegal possession of the firearm as penalized in this Act.

ARTICLE V

117
 PENAL PROVISIONS

SEC. 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The

unlawful acquisition, possession of firearms and ammunition shall be penalized as follows:

(a) The penalty of prision mayor in its medium period shall be imposed upon any person
who shall unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or
more small arms or Class-A light weapons are unlawfully acquired or possessed by any
person;
(c) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess a Class-A light weapon;

(d) The penalty of reclusion perpetua shall be imposed upon any person who shall,
unlawfully acquire or possess a Class-B light weapon;

118
(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this
section shall be imposed upon any person who shall unlawfully possess any firearm under
any or combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded magazine;
(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target
such as thermal weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic bursts.

(f) The penalty of prision mayor in its minimum period shall be imposed upon any person
who shall unlawfully acquire or possess a major part of a small arm;

(g) The penalty of prision mayor in its minimum period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a small arm or Class-A light
weapon. If the violation of this paragraph is committed by the same person charged with the

119
unlawful acquisition or possession of a small arm, the former violation shall be absorbed by
the latter;
(h) The penalty of prision mayor in its medium period shall be imposed upon any person
who shall unlawfully acquire or possess a major part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a Class-A light weapon, the former violation shall be absorbed
by the latter;

(j) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess a major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a Class-B light weapon, the former violation shall be absorbed
by the latter.

120
SEC. 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm,
when inherent in the commission of a crime punishable under the Revised Penal Code or
other special laws, shall be considered as an aggravating circumstance: Provided, That if
the crime committed with the use of a loose firearm is penalized by the law with a
maximum penalty which is lower than that prescribed in the preceding section for illegal
possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu
of the penalty for the crime charged: Provided, further, That if the crime committed with
the use of a loose firearm is penalized by the law with a maximum penalty which is equal to
that imposed under the preceding section for illegal possession of firearms, the penalty of
prision mayor in its minimum period shall be imposed in addition to the penalty for the
crime punishable under the Revised Penal Code or other special laws of which he/she is
found guilty.

If the violation of this Act is in furtherance of, or incident to, or in connection with the
crime of rebellion of insurrection, or attempted coup d’ etat, such violation shall be
absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’ etat.

121
If the crime is committed by the person without using the loose firearm, the violation of this
Act shall be considered as a distinct and separate offense.

SEC. 30. Liability of Juridical Person. – The penalty of prision mayor in its minimum to
prision mayor in its medium period shall be imposed upon the owner, president, manager,
director or other responsible officer of/any public or private firm, company, corporation or
entity who shall willfully or knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or persons found guilty of
violating the provisions of the preceding section, or willfully or knowingly allow any of
them to use unregistered firearm or firearms without any legal authority to be carried
outside of their residence in the course of their employment.

SEC. 31. Absence of Permit to Carry Outside of Residence. – The penalty of prision
correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon any
person who is licensed to own a firearm but who shall carry the registered firearm outside
his/her residence without any legal authority therefor.

122
SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or
Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used
in the Manufacture of Firearms, Ammunition or Parts Thereof. – The penalty of reclusion
temporal to reclusion perpetua shall be imposed upon any person who shall unlawfully
engage in the manufacture, importation, sale or disposition of a firearm or ammunition, or a
major part of a firearm or ammunition, or machinery, tool or instrument used or intended to
be used by the same person in the manufacture of a firearm, ammunition, or a major part
thereof.

The possession of any machinery, tool or instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof by any person whose business, employment or
activity does not lawfully deal with the possession of such article, shall be prima facie
evidence that such article is intended to be used in the unlawful or illegal manufacture of
firearms, ammunition or parts thereof.

123
The penalty of prision mayor in its minimum period to prision mayor in its medium period
shall be imposed upon any laborer, worker or employee of a licensed firearms dealer who
shall unlawfully take, sell or otherwise dispose of parts of firearms or ammunition which
the company manufactures and sells, and other materials used by the company in the
manufacture or sale of firearms or ammunition. The buyer or possessor of such stolen part
or material, who is aware that such part or material was stolen, shall suffer the same penalty
as the laborer, worker or employee.

If the violation or offense is committed by a corporation, partnership, association or other

juridical entity, the penalty provided for in this section shall be imposed upon the directors,
officers, employees or other officials or persons therein who knowingly and willingly
participated in the unlawful act.

SEC. 33. Arms Smuggling. – The penalty of reclusion perpetua shall be imposed upon any
person who shall engage or participate in arms smuggling as defined in this Act.

124
SEC. 34. Tampering, Obliteration or Alteration of Firearms Identification. – The penalty of
prision correccional to prision mayor in its minimum period shall be imposed upon any
person who shall tamper, obliterate or alter without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including the name of the maker, model, or serial
number of any firearm, or who shall replace without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including its individual or peculiar identifying
characteristics essential in forensic examination of a firearm or light weapon.
The PNP shall place this information, including its individual or peculiar identifying
characteristics into the database of integrated firearms identification system of the PNP
Crime Laboratory for future use and identification of a particular firearm.

SEC. 35. Use of an Imitation Firearm. – An imitation firearm used in the commission of a
crime shall be considered a real firearm as defined in this Act and the person who
committed the crime shall be punished in accordance with this Act: Provided, That injuries
caused on the occasion of the conduct of competitions, sports, games, or any recreation
activities involving imitation firearms shall not be punishable under this Act.

125
SEC. 36. In Custodia Legis. – During the pendency of any case filed in violation of this
Act, seized firearm, ammunition, or parts thereof, machinery, tools or instruments shall
remain in the custody of the court. If the court decides that it has no adequate means to
safely keep the same, the court shall issue an order to turn over to the PNP Crime
Laboratory such firearm, ammunition, or parts thereof, machinery, tools or instruments in
its custody during the pendency of the case and to produce the same to the court when so
ordered. No bond shall be admitted for the release of the firearm, ammunition or parts
thereof, machinery, tool or instrument. Any violation of this paragraph shall be punishable
by prision mayor in its minimum period to prision mayor in its medium period.

SEC. 37. Confiscation and Forfeiture. – The imposition of penalty for any violation of this
Act shall carry with it the accessory penalty of confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or instrument in favor of the government
which shall be disposed of in accordance with law.

SEC. 38. Liability for Planting Evidence. – The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall willfully and maliciously insert; place,

126
and/or attach, directly or indirectly, through any overt or covert act, any firearm, or
ammunition, or parts thereof in the person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or incriminating the person, or imputing
the commission of any violation of the provisions of this Act to said individual. If the
person found guilty under this paragraph is a public officer or employee, such person shall
suffer the penalty of reclusion perpetua.

SEC. 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. – The
Chief of the PNP or his/her authorized representative may revoke, cancel or suspend a
license or permit on the following grounds:

(a) Commission of a crime or offense involving the firearm, ammunition, of major parts
thereof;
(b) Conviction of a crime involving moral turpitude or any offense where the penalty
carries an imprisonment of more than six (6) years;
(c) Loss of the firearm, ammunition, or any parts thereof through negligence;

127
(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or
workplace without, the proper permit to carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;

(f) Dismissal for cause from the service in case of government official and employee;
(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise
known as the “Comprehensive Dangerous Drugs Act of 2002”;
(h) Submission of falsified documents or misrepresentation in the application to obtain a
license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.

SEC. 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten
thousand pesos (P10,000.00) shall be imposed upon any licensed firearm holder who fails
to report to the FEO of the PNP that the subject firearm has been lost or stolen within a
period of thirty (30) days from the date of discovery.

128
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person
holding a valid firearm license who changes residence or office address other than that
indicated in the license card and fails within a period of thirty (30) days from said transfer
to notify the FEO of the PNP of such change of address.

SEC. 41. Illegal Transfer/Registration of Firearms. – It shall be unlawful to transfer

possession of any firearm to any person who has not yet obtained or secured the necessary
license or permit thereof.

The penalty of prision correccional shall be imposed upon any person who shall violate the
provision of the preceding paragraph. In addition, he/she shall be disqualified to apply for a
license to possess other firearms and all his/her existing firearms licenses whether for
purposes of commerce or possession, shall be revoked. If government-issued firearms,
ammunition or major parts of firearms or light weapons are unlawfully disposed, sold or
transferred by any law enforcement agent or public officer to private individuals, the
penalty of reclusion temporal shall be imposed.

129
Any public officer or employee or any person who shall facilitate the registration of a
firearm through fraud, deceit, misrepresentation or submission of falsified documents shall
suffer the penalty of prision correccional.

ARTICLE VI
FINAL PROVISIONS

SEC. 42. Firearms Repository. – The FEO of the PNP shall be the sole repository of all
firearms records to include imported and locally manufactured firearms and ammunition.
Within one (1) year upon approval of this Act, all military and law enforcement agencies,
government agencies, LGUs and government-owned or -controlled corporations shall
submit an inventory of all their firearms and ammunition to the PNP.

SEC. 43. Final Amnesty. – Persons in possession of unregistered firearms and holders of
expired license or unregistered firearms shall register and renew the same through the Final
General Amnesty within six (6) months from the promulgation of the implementing rules
and regulations of this Act. During the interim period of six (6) months, no person applying

130
for license shall be charged of any delinquent payment accruing to the firearm subject for
registration. The PNP shall conduct an intensive nationwide campaign to ensure that the
general public is properly informed of the provisions of this Act.

SEC. 44. Implementing Rules and Regulations. – Within one hundred twenty (120) days
from the effectivity of this Act, the Chief of the PNP, after public hearings and consultation
with concerned sectors of society shall formulate the necessary rules and regulations for the
effective implementation of this Act to be published in at least two (2) national newspapers
of general circulation.

SEC. 45. Repealing Clause. – This Act repeals Sections 1, 2, 5 and 7 of Presidential Decree
No. 1866, as amended, and Section 6 of Republic Act No. 8294 and all other laws,
executive orders, letters of instruction, issuances, circulars, administrative orders, rules or
regulations that are inconsistent herewith.

131
SEC. 46. Separability Clause. – If any provision of this Act or any part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

SEC. 47. Effectivity. – This Act shall take effect after fifteen (15) days from its publication
in a newspaper of nationwide circulation.

132