Criminal Law 2
Title One – Crimes Against National
Security and the Laws of Nations
Crimes against national security:
1. Treason (Art. 114)
2. Conspiracy and proposal to commit treason (Art.
115)
3. Misprision of Treason (Art. 116)
4. Espionage (Art. 117)
Crimes against the law of nations:
1. Inciting to war (Art. 118)
2. Violation of neutrality (Art. 119)
3. Correspondence with hostile country (Art. 120)
4. Flight to enemy’s country (Art. 121)
5. Piracy and mutiny (Art. 122)
Art. 114 – Treason
The crime of treason is defined as a breach of allegiance
to a government, committed by a person who owes
allegiance to it.
ELEMENTS OF TREASON
1. That the offender is a Filipino citizen or an alien
residing in the Philippines;
2. That there is a war in which the Philippines is
involved;
3. That the offender either:
a. Levies war against the Government, or
b. Adheres to the enemies, giving them aid or
comfort.
Filipino citizenship may be proved by his prison record
which sets out his personal circumstances. It may also be
proved by the testimony of witnesses who know him to
have been born in the Philippines of Filipino parents.
Allegiance is the obligation of fidelity and obedience which
the individuals owe to the government in return for the
protection which they receive.
Kinds of Allegiance
1. Permanent Allegiance: obligation of fidelity and
obedience which a Filipino citizen owes to the
Philippine Government.
2. Temporary Allegiance: obligation of fidelity and
obedience which a resident alien owes to the
Philippine Government.
Treason may be committed by either a Filipino citizen or
by an alien residing in the Philippines.
A Filipino citizen may commit treason in the Philippines or
elsewhere.
An alien may be liable for treason only when he is
residing in the Philippines.
 If he is a co-conspirator, he does not need to be a
resident of the Philippines.
Treason cannot be committed in time of peace.
Treasonable acts may actually be perpetrated during peace,
but there are no traitors until war has started.
It is not necessary that there be any formal declaration of
war. Actual hostilities may determine the date of the
commencement of war.
Note: The crime of treason is an exception to the principle
of territoriality (Art.2[5]). Treason is a crime against
national security.
Ways of committing treason
1. By levying war against the Philippines or
2. By adhering to her enemies, giving them aid or
comfort.
REQUISITES FOR LEVYING WAR AGAINST THE
PHILIPPINES
1. That there be an actual assembly of men;
2. Such assembly is for the purpose of executing
treasonable design by force.
Actual assembly of men must be for the purpose of
delivering the country to an EXTERNAL ENEMY (not an
internal rebellious force or uprising).
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Mere acceptance of the commission to serve against the
government does not constitute treason – not an overt act of
treason.
Enlistment of men to serve against the government DOES
NOT amount to levying war.
The levying of war must be with the intent to overthrow the
government. The war must be directed against the
government.
 It must be in collaboration with a foreign enemy.
REQUISITES FOR ADHERENCE TO THE ENEMY,
GIVING THEM AID AND COMFORT
1. There must be adherence to the enemy;
2. There must be the act of giving aid or comfort to
the enemy.
The phrase adherence to the enemy means intent to
betray. There is adherence when a citizen intellectually or
emotionally favors the enemy and harbors sympathies
or convictions disloyal to his country’s policy or interest.
Adherence alone is not indictable.
The phrase aid or comfort means an act which strengthens
or tends to strengthen the enemy in the conduct of war and
an act which weakens or tends to weaken the power of the
traitor’s country to resist or to attack the enemy.
The aid or comfort to the enemies must be given to them as
enemies and not merely as individuals, and must be given
directly in furtherance of their hostile designs.
The aid and comfort must be given to the enemy by some
kind of action (physical activity).
 such as furnishing the enemy with arms, troops,
supplies, information, or means of transportation.
Acceptance of public office and discharge of duties under
the enemy:
 If highly responsible and policy determining –
liable;
 If purely government duty – not liable.
Commandeering of women to satisfy the lust of the enemy is
not treasonous.
 INTENT OF DISLOYALTY IS A VITAL
INGREDIENT IN THE CRIME OF TREASON.
Treason is a continuous offense.
Political Offense Doctrine - Common crimes committed
in furtherance of treason (political offenses) are ingredients
and are deemed absorbed.
 There is no complex crime of treason with murder,
physical injuries, arson and illegal detention, and
other common crimes.
Common crimes may be considered separately from the
crime of treason when they are committed for a private or
personal purpose or motive and not for the purpose of
“giving aid or comfort to the enemy.”
There is NO treason through negligence.
How may convictions be obtained in a prosecution for
treason?
1. On the testimony of two witnesses at least to the
same overt act.
2. Confession of the accused in open court.
Two-witness rule: two witnesses should testify as to the
perpetration of the same treasonous overt act, and the
sameness must include not only identity of kind and
nature of the act, but as to the precise one which has
actually been perpetrated.
Treason is the only felony in the RPC where proof beyond
reasonable doubt is not enough.
Adherence to the enemy need not be proved by two
witnesses (it is not an overt act of treason).
 Criminal intent and knowledge may be gathered
from the testimony of one witness, or from the
nature of the act itself, or from the circumstances
surrounding the act.
The two-witness rule is not satisfied if the court believes
only one witness.
Confession by the accused must be made in open court.
Open court means the appearance of a party together with
his attorney in a public court session.
Loss of Philippine citizenship by joining the army of the
enemy is not a defense in treason.
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Suspended allegiance and change of sovereignty are not
defenses in treason.
Duress and uncontrollable fear or irresistible force is a
defense in treason.
Treachery, abuse of superior strength and evident
premeditation are inherent aggravating circumstances in
treason.
Ignominy and cruelty are generic aggravating
circumstances in treason.
Art. 115 – Conspiracy and Proposal to Commit
Treason
Conspiracy – committed when in time of war, two or more
persons come to an agreement to levy war against the
Government or to adhere to the enemies giving them aid or
comfort, and decide to commit it.
Proposal – committed when in time of war a person who
has decided to levy war or adhere to the enemies and to
give them aid or comfort, proposes its execution to some
other person or persons.
Conspiracy is generally not a crime, except in cases where
the law so expressly provides.
The two-witness rule does not apply to conspiracy or
proposal to commit treason.
The crime of conspiracy or proposal to commit treason is
only committed when Treason itself does not result.
Art. 116 – Misprision of Treason
ELEMENTS OF MISPRISION OF TREASON:
1. The offender must be owing allegiance to the
Government and not a foreigner;
2. He has knowledge of any conspiracy to commit
treason;
3. He conceals or does not disclose such information
as soon as possible to the governor or fiscal of the
province or the mayor or fiscal of the city in which
he resides.
Failure to report violations of the law is not a crime, except
in certain cases.
Art. 116 is a felony by omission.
Only a Filipino citizen may be guilty of misprision of
treason.
Art. 116 expressly provides only a person owing allegiance
to the Philippines, WITHOUT BEING A FOREIGNER,
may be liable for misprision of treason.
The accused should conceal or fail to disclose to the
authorities his knowledge of the conspiracy to commit
treason against the Philippine Government.
Mere failure to disclose to the authorities concerned, even
without an attempt at concealment, is punishable as a
felony by omission.
Knowledge of such conspiracy should be disclosed to:
1. The governor or fiscal of the province, or
2. Mayor or fiscal of the city where he resides.
Penalty to be imposed upon a person guilty as a principal of
misprision of treason shall be that of an accessory to the
crime of treason, i.e., two degrees lower than the penalty
prescribed for treason.
This felony can be committed in peacetime.
Art. 117 – Espionage
Espionage is the offense of gathering, transmitting, or
losing information respecting the national defense with
intent or reason to believe that the information is to be used
to the injury of the Philippines or to the advantage of any
foreign nation.
Two ways of committing espionage under the RPC:
1. Without authority therefor, enters a warship, fort
or naval or military establishment or
reservation to obtain any information, plans,
photographs or other data of a confidential
nature relative to the defense of the Philippines;
or
2. Being in possession, by reason of the public office
of the articles, data or information referred to in
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the preceding paragraph, discloses their
contents to a representative of a foreign nation.
1st Way of Committing Espionage
Espionage is consummated by the mere entry of the
accused without authority, into the warship, fort, military
or naval establishment or reservation provided that the
purpose of such unauthorized entry is to obtain any
information, plans, photographs or other data of a
confidential nature relative to the defense of the
Philippines.
ELEMENTS:
1. Offender enters any of the places mentioned;
2. He has no authority therefor;
3. His purpose is to obtain information, plans,
photographs or other data of a confidential
nature relative to the defense of the Philippines.
It is not necessary that the accused actually obtains
confidential information or data relative to the defense of
the Philippines.
To be liable under par. 1, the offender must have the
intention to obtain information relative to the defense of
the Philippines.
Offender here may be any person.
2ndWay of Committing Espionage
Espionage is committed by a person who has possession by
reason of his public office of articles, data and information
relative to the defense of the Philippines, which are of a
confidential nature and who discloses the same to the
representative of a foreign nation.
ELEMENTS:
1. Offender is a public officer;
2. He has in his possession the articles, data or
information referred to in par. 1, reason of the
public office he holds;
3. He discloses their contents to a representative of a
foreign nation.
Offender must be a public officer.
The Espionage Act or CA 616 expanded the Philippine
law on espionage by providing therein more ways of
committing the crime.
See CA 616.
Art. 118 – Inciting to war or giving motives for
reprisals
This felony may be committed by a public officer or a
private individual.
The crime is committed by anyone who, by unlawful or
unauthorized acts:
1. Provokes or gives occasion for war involving or
liable to involve the Philippines; or
2. Exposes Filipino citizens to reprisals on their
person or property.
The intention of the offender is immaterial.
This crime can be committed only during peacetime.
The penalty is higher when the offender is a public officer
or employee.
Art. 119 – Violation of neutrality
The essence of violation of neutrality is the breach of the
rules and regulations promulgated by competent authority
for the purpose of enforcing neutrality of the Philippines in
the course of war between two countries where the
Philippines is not involved.
ELEMENTS OF VIOLATION OF NEUTRALITY:
1. There is a war in which the Philippines is not
involved;
2. There is a regulation issued by a competent
authority for the purpose of enforcing neutrality;
3. Offender violates such regulation.
A nation or power which takes no part in a contest of arms
going on between others is referred to as neutral.
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Art. 120 – Correspondence with hostile country
ELEMENTS OF CORRESPONDENCE:
1. It is in time of war in which the Philippines is
involved;
2. Offender makes correspondence with an enemy
country or territory occupied by enemy troops;
3. Correspondence is
a. prohibited by the Government;
b. carried on in ciphers or conventional signs;
c. containing notice or information which
might be useful to the enemy.
Correspondence is communication by means of letters.
 It may refer to letters which pass between those
who have friendly or business relations.
Art. 120 may be committed only in time of war.
Par. 1 and 2 are mala prohibita.
 The offender is liable even if the correspondence
contained innocent matters – as long as such is
prohibited by the Government.
Par. 3 are evidently acts of treason.
 Two-witness rule is NOT required here.
This crime may be committed by having correspondence
with the enemy country or territory occupied by the enemy.
Circumstances that may vary the penalty:
1. If the correspondence is prohibited by the
Government – penalty is prision correccional.
2. If the correspondence is carried on in ciphers or
conventional signs – penalty is prision mayor.
3. If the correspondence contains notice or
information which might be useful to the enemy
– penalty is reclusion temporal.
4. If the correspondence contains notice or
information intended by the accused to aid the
enemy – penalty is reclusion temporal to death.
Art. 121 – Flight to enemy’s country
Flight to enemy’s country may be committed by any person
who owes allegiance to the Philippines.
 An alien resident may be guilty.
It may be committed by attempting to flee or fleeing to
enemy’s country when prohibited by competent authority.
ELEMENTS OF FLIGHT TO ENEMY’S COUNTRY:
1. There is a war in which the Philippines is involved;
2. Offender must be owing allegiance to the
Government;
3. Offender attempts to flee or go to enemy country;
4. Going to enemy country is prohibited by competent
authority.
This offense is malum prohibitum.
Art. 121 must be implemented by the Government.
Art. 122 – Piracy and Mutiny
Piracy is robbery or forcible depredation on the high seas,
without lawful authority and done animo furandi and in the
spirit and intention of universal hostility.
Ways of committing piracy:
1. By attacking or seizing a vessel on the high seas or
in Philippine waters;
2. By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its
equipment or personal belonging of its complement
or passengers.
ELEMENTS OF PIRACY:
1. Vessel is on the high seas or in Philippine waters;
2. Offenders are NOT members of its complement or
passengers of the vessel;
3. Offenders either
a. attack or seize that vessel;
b. seize the whole or part of the cargo of said
vessel, its equipment or personal
belongings of its complement or
passengers.
Piracy is a crime not against any particular state but against
all mankind.
It is triable anywhere.
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RA 7659 expanded the coverage of Art.122 to include Piracy under Art. 122 and that of PD 532 can co-exist as
offenses committed “in Philippine waters.” separate offenses.
RA 7659 neither superseded nor amended the provision on Note: It is possible for crew members, passengers or
piracy under PD 532. stowaways to commit piracy if they act in conspiracy with
the pirates.
Mutiny is usually committed by the other members of the
complement and may be committed by the passengers of PD 532 – Anti-Piracy and Anti-Highway Robbery
the vessel.
The object of PD 532 is to deter and punish lawless
It is the unlawful resistance to a superior officer, or the elements who commit acts of depredation upon persons and
raising of commotions and disturbances on board a ship properties of innocent and defenseless inhabitants who
against the authority of its commander. travel from one place to another.
Piracy Mutiny Philippine waters shall refer to ALL BODIES OF
Person who attack a They are members of WATER, such as but not limited to, seas, gulfs, bays
vessel or seize its the crew or
around, between and connecting each of the islands of the
cargo are strangers to passengers.
Philippine Archipelago, irrespective of its depth, breadth,
said vessels.
Intent to gain is Offenders may only length or dimension, and all other waters belonging to the
essential. intend to ignore the Philippines by historic or legal title, including territorial
ship’s officers or they sea, the sea-bed, the insular shelves, and other submarine
may be prompted by a areas over which the Philippines has sovereignty or
desire to commit jurisdiction.
plunder.
Vessel – any vessel or watercraft used for transport of
passengers and cargo from one place to another through
Philippine waters. It shall include all kinds and types of
vessels or boats used in fishing.
Art. 123 – Qualified Piracy
High seas – means any waters on the sea coast which are
The crime of piracy or mutiny is qualified when: without boundaries of the low-water mark.
1. The offenders seize the vessel by boarding or It does not matter if the crime was committed within the 3-
firing upon the same. mile limit of a foreign state.
2. The pirates abandon their victims without means
of saving themselves. Distinctions between Art.122 & PD 532
3. The crime is accompanied by murder, homicide, Art. 122 PD 532
physical injuries or rape. As to the May be May be
manner of committed by committed by
commission. attacking or attacking or
seizing a vessel seizing a vessel
Only par. 3 can qualify the crime of mutiny. or seizing the or by taking
 Par. 1 provides for acts of boarding or firing upon whole or part of away the whole
the cargo of or part of its
the vessel – therefore limited to only piracy. said vessel, its cargo,
 Par. 2 makes use of the term pirates. equipment or equipment or
personal personal
The number of persons killed is immaterial. belongings of belongings of
its complement the vessel’s
Piracy in Philippine waters may also be punished under PD or passengers. complement or
532. passengers by
means of
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violence against
or intimidation
RA 6235 – Anti-Hijacking Law
of persons or
force upon The acts punishable under this law are similar to that of
things. piracy.
As to the May be May be
persons committed only committed by Acts Punishable Under RA 6235
committing the by a stranger to ANY person
crime. a vessel, i.e., including a A. In the case of an aircraft of Philippine registry:
one who is passenger or
neither a member of the
1. Compelling a change in the course or destination
passenger nor a complement of
member of the the vessel. of the aircraft.
complement of 2. Seizingorusurping the control of the aircraft
the vessel. while it is in flight.
As to the place May be May be
of the committed in committed only B. In the case of an aircraft of foreign registry:
commission of Philippine in Philippine
the crime. waters or on the waters. 1. Compellingthe aircraft to land in Philippine
high seas.
As to when It becomes It becomes territory.
piracy becomes qualified when qualified, 2. Seizing or usurping the control of the aircraft
qualified. it is among others, while it is within the Philippine territory.
accompanied when physical
among others, injuries or other C. In the case of any aircraft:
by murder, crimes are
homicide, committed as a  Shipping, loading or carrying in any passenger
physical result or on the
injuries or rape. occasion
aircraft operating as a public utility within the
thereof or when Philippines, any explosive, flammable, corrosive
murder, or poisonous substance or material.
homicide or
rape is An aircraft is in flight from the moment all its external
committed by doors are closed following embarkation until any of such
reason or on the
doors is opened for disembarkation.
occasion
thereof.
Circumstances which may qualify the violation under
Sec. 1 of RA 6235.
Piracy under PD 532 may constitute an act of terrorism
under PD 9372 (Human Security Act). 1. Whenever he has fired upon the pilot, member of
the crew orpassenger of the aircraft;
Mutiny is the unlawful resistance to a superior officer or 2. Whenever he has exploded or attempted to
the raising of commotion and disturbances on board a ship explode any bomb or explosive to destroy the
against the authority of the commander. aircraft; or
3. Whenever the crime is accompanied by murder,
Acquiring or receiving property taken by pirates or deriving homicide, serious physical injuries or rape.
benefits therefrom is an act of an accessory under Art. 19
of the RPC. Under PD 532, it is an act of an accomplice. Violation of RA 6235 may constitute an act of terrorism
under PD 9372.

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Title Two – Crimes Against the
Fundamental Laws of the State
1. Arbitrary detention (Art. 124)
2. Delay in the delivery of detained persons to the
proper judicial authorities (Art. 125)
3. Delaying release (Art. 126)
4. Expulsion (Art. 127)
5. Violation of domicile (Art. 128)
6. Search warrants maliciously obtained and abuse in
the service of those legally obtained (Art. 129)
7. Searching domicile without witnesses (Art. 130)
8. Prohibition, interruption, and dissolution of
peaceful meetings (Art. 131)
9. Interruption of religious worship
(Art. 132)
10. Offending the religious feelings
(Art. 133)
Art. 124 – Arbitrary Detention
Elements:
1. That the offender is a public officer or employee;
2. That he detains a person;
3. That the detention is without legal grounds.
If committed by private individuals, they may be held
liable for illegal detention.
 A private individual may be held liable for
arbitrary detention, if he acted in conspiracy with
the public officers.
When is the detention deemed to be arbitrary?
 When there is no legal ground for the detention of
a person.
Legal Grounds for the Detention of a Person
1. Commission of a crime.
2. Violent insanity.
3. Any other ailment requiring the compulsory
confinement of a patient in a hospital.
Arbitrary detention cannot be committed when the arrest
was done by virtue of a warrant of arrest.
Arbitrary detention can only arise from an illegal
warrantless arrest.
The penalty for arbitrary detention is determined by the
duration of such restraint of liberty.

Detention: actual confinement of a person in an enclosure,

or in any manner detaining and depriving him of his liberty. Arbitrary Detention If it is committed by a
(Art. 124) public officer just to
It is essential that there be uncontroverted proof of both detain the victim without
any legal ground or
intent to deprive the victim of his liberty, as well as actual intent to deliver him to
confinement or restriction. the judicial authorities.

Surveillance of the guards is a restraint on one’s person. Unlawful Arrest There is no legal ground
(Art. 269) for detaining the victim
Presence of armed men and the fear instilled by such but the purpose was to
presence in the minds of the victims – that they feel turn over the victim to
the judicial authorities.
compelled to stay – constitute a sufficient restraint on their
freedom.
Delay in the Delivery There was a legal
(Art. 125) ground and the purpose
Public officer must be vested with authority to detain or was to deliver the victim
order the detention of persons accused of a crime. to the judicial authorities
but he unreasonably
delays such turnover.

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D. An accused released on bail may be re-arrested without
Coercion There was no intent to the necessity of a warrant if he attempts to depart from
(Art. 286) detain the victim, but the the Philippines without permission of the court where
latter was unlawfully
prevented for an
the case is pending.
appreciable length of
time from freedom of Probable cause are such facts and circumstances which
movement. could lead a reasonable and prudent man to believe that an
offense had been committed and that the object sought in
Abduction The victim is a woman connection with the offense are in the place sought to be
(Art. 342) and she was detained searched.
with lewd designs from
the outset.
 must be within the personal knowledge of the
complainant or the witnesses he may produce and
NOT based on mere hearsay.
Instances of lawful warrantless arrest
Raw intelligence information is not a sufficient ground for
A. A peace officer or a private person may, without a a warrantless arrest.
warrant, arrest a person:
A public officer cannot make an arrest on a mere complaint
1. When, in his presence, the person to be arrested by the offended party.
has committed, is actually committing, or is
attempting to commit an offense – otherwise Arbitrary detention may be committed through simple
known as flagrante delicto. imprudence.
 The term “presence” relate to acts taking
Arbitrary detention absorbs the crime of unlawful arrest.
place within the optical or auditory
perception of the arresting officer.
Art. 124 DOES NOT fix the minimum period of detention.
2. When an offense has just been committed and he
has probable cause to believe based on personal
knowledge of facts or circumstances that the person
to be arrested has committed it –otherwise known
as the doctrine of hot pursuit.
Art. 125 – Delay in the Delivery of Detained Persons
to the Proper Judicial Authorities
3. When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
This felony may be committed only by a public officer or
where he is serving final judgment or is
employee.
temporarily confined while his case is pending, or
has escaped while being transferred from one  If committed by a private individual, he shall be
confinement to another. guilty of illegal detention.
B. If a person lawfully arrested escapesor isrescued, any ELEMENTS OF DELAY IN THE DELIVERY:
person may immediately pursue or retake him without a
warrantat any time and in any place within the Philippines. 1. Offender is a public officer or employee;
2. He has detained a person for some legal ground;
C. For the purpose of surrendering the accused, the 3. He fails to deliver such person to the proper
bondsmen may arrest him or, upon authority endorsed on a judicial authorities within:
certified copy of the undertaking, cause him to be arrested a. 12hours for crimes or offenses punishable
by a police officer or any other person of suitable age and by light penalties, or their equivalent;
discretion.

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b. 18hours – correctional penalties, or their
equivalent;
c. 36hours –afflictive penalties, or their
equivalent
To determine the 12, 18 and 36 hours allowable for crimes
respectively punished by light, correctional and afflictive or
capital penalties, the gauge is what the crime is as it
appears, and NOT what it turns out to be.
The surrender or delivery to the judicial authority of a
person arrested without warrant by a peace officer, does not
consist in a physical delivery, but in making an accusation
or charge or filing of an information against the person
arrested with the corresponding court or judge.
Judicial authorities means the courts of justice or judges
of said courts – that is the Supreme Court and such inferior
courts as may be established by law.
Art. 124 & Art. 125 are intended to curtail the abuses of
public officers or employees.
Delay in the delivery to the judicial authorities may not be
committed when the arrest was done by virtue of a warrant
of arrest.
 it presupposes that a complaint or information has
already been filed in court and the accused is
already within the sphere of judicial protection.
Circumstances considered to determine liability:
1. means of communication;
2. hour of arrest;
3. other circumstances such as time of surrender and
the material possibility for the fiscal to make the
investigation and file in time the necessary
information.

The city prosecutor or fiscal is NOT a judicial authority The hours during which the courts are closed and “no
within the meaning of Art.125. delivery can be made” are not to be counted.

The detention under Art. 125 must be for some legal
ground (If the detention is without legal ground, liability is
under Art. 124).
This article applies only to arrests made without a
warrant.
 If the arrest was made pursuant to a warrant, the
prisoner is already deemed in the custody of the
court.
Sundays and official holidays are excluded in the
computation of the period under Art. 125.
Where the judge is not available, the arresting officer is
duty-bound to release a detained person, if the maximum
hours for detention provided under Art. 125 had already
expired.
Art. 125 applies to private individuals employed as security
guards of a company.

Distinctions between Art. 124 & Art. 125 Waiver of the provisions of Art. 125

Before the complaint or information is filed, the person

Art. 124 Art. 125
There is no lawful There is lawful ground
ground for the detention for the detention of a
from the beginning. person at the beginning.
The detention of the The act is legal at the
person is illegal from the beginning but becomes
beginning. illegal only after the
expiration of the period
prescribed by Art. 125.
arrested may ask for a preliminary investigation in
accordance with Rule 112, but he must sign a waiver of the
provisions of Art. 125 in the presence of his counsel.
Preliminary investigation is an inquiry or proceeding to
determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and
the respondent is probably guilty thereof.
Inquest is an informal and summary investigation
conducted by a public prosecutor to determine whether a

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person detained (valid warrantless arrest) should remain
under custody and correspondingly be charged in court.
Waiver must be in writing, otherwise the waiver shall be
void.
When the detainee does not sign a waiver of Art. 125, it is
the duty of the public prosecutor in a warrantless arrest to
file the information/ complaint in court.
The public prosecutor (and fiscal) is not liable for violation
of Art. 125 unless he has ordered the detention.
Under RA 9372, a person apprehended or arrested and
taken into custody by the officer for the crime of terrorism
of conspiracy to commit terrorism shall be delivered to the
proper judicial authority within 3 days.
A violation of Art. 125 is NOT considered as one of the
grounds to quash the information.
Art. 126 – Delaying Release
This felony may be committed only by a public officer or
employee.
There must be a judicial or executive order for the release
of a prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such
person.
 The order may be given verbally.
Ways of committing delaying release:
1. Delaying the performance of a judicial or executive
order for the release of a prisoner or detention
prisoner.
2. Unduly delaying the service of notice of the
judicial or executive order of release to the
prisoner.
3. Unduly delaying the proceedings upon any petition
for the liberation of such person.
Wardens and jailers are most likely to violate this.
Art. 127 – Expulsion
This felony may be committed only by a public officer or
employee.
ELEMENTS OF EXPULSION:
1. Offender is a public officer or employee;
2. He expels any person from the Philippines, or
compels a person to change his residence;
3. Offender is NOT authorized to do so by law.
Ways of committing expulsion
1. By expelling a person from the Philippines
 Only an alien may be expelled from the
Philippines on grounds provided by law.
2. By compelling a person to change residence.
 Only a court by final judgment can compel
a person to change his residence.
Only the court by a final judgment can order a person to
change his residence.
One may be legally compelled to change his residence in:
 Ejectment proceedings;
 Expropriation proceedings;
 Conviction for the commission of a crime
involving deprivation of liberty;
 Change of residence is one of the conditions
imposed by the court on his probation;
 Change of residence is one of the conditions of his
release on parole;
 Change of residence is one of the conditions
imposed for the grant of a temporary or permanent
protection order under RA 9262; and
 Destierro.
Art. 128 – Violation of Domicile
This felony may be committed only by a public officer or
employee.
If committed by a private individual:
 Trespass to dwelling (Art. 280) if the 1st mode of
violation of domicile is committed.
 Coercion (Art. 286) or Unjust Vexation (Art.
287) if either the 2nd or 3rd mode is committed.
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 Criminal Law 2
However, it is submitted that the term public officer or
employee refers only to public officers or employees whose
official duties involve directly or indirectly the
implementation of a search warrant.
The judicial order mentioned in Art. 128 refers to a search
warrant.
The acts punishable under Art. 128 should be committed in
the dwelling of the offended party.
Dwelling is the place of abode where the offended party
resides and which satisfies the requirements of his domestic
life.
Ways of committing violation of domicile
1. Entering the dwelling against the willof the
owner;
2. Searching papers or other effects found in the
dwelling without the consent of the owner;
3. Having surreptitiously entered the dwelling, and
being required to leave the premises, shall refuse
to do so.
Entering the Dwelling Against the Will of the Owner
The public officer or employee should enter the dwelling
over the express or implied opposition of the owner. The
crime is not committed if the entry into the dwelling is
merely without the consent of the owner.
In this mode, lack of consent would not suffice since the
law speaks of the owner’s objection.
Searching Papers or Other Effects Found in Another’s
Dwelling Without the Previous Consent of the Owner
This manner is consummated by searching papers and
effects in another’s dwelling without the previous consent
of its owner and without any search warrant. It is not
necessary that papers and effects be actually found.
Previous consent of the owner of the dwelling to the search
may be express or implied.
1. The silence of the owner of the dwelling before or
during the search may indicate implied consent.
The papers and effects must be found in the dwelling of the
owner and not in his person or anywhere else.
Search is an examination of a person’s body, property or
other area that the person would reasonably be expected to
consider as private, conducted by a law enforcement officer
for the purpose of finding evidence of a crime.
Refusal to Leave the Premises Upon Being Required to
do so, and After Having Surreptitiously Entered the
Same
This manner is consummated by the refusal of the public
officer to leave the premises upon being required to do so
by the owner of the dwelling and after having
surreptitiously entered the same.
Mere surreptitious entry into the dwelling does not
consummate the offense; neither is the felony consummated
by the demand to leave the premises.
Surreptitious is defined as unauthorized and clandestine;
stealthy and fraudulently done.
It is submitted that if the surreptitious entry had been made
through an opening not intended for that purpose, the
offender would be liable under the first mode since it is
entry over the implied objection of the owner.
It is sufficient of the inhabitant is a lawful occupant using
the premises as his dwelling (and not the owner).
Circumstances that qualify the offense
1. The offense is committed at the nighttime;
2. Any papers or effects NOT constituting evidence
of a crime be not returned immediately after the
search made by the offender.
Art. 129 – Search Warrants Maliciously Obtained
and Abuse in the Service of Those Legally Obtained
Acts punishable under Art. 129
1. Procuring a search warrant without just cause; or
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 Criminal Law 2
2. Exceeding his authority or using unnecessary
severity in executing the search warrant legally
procured.
ELEMENTS OF 1st Way:
1. Offender is a public officer or employee.
2. He procures a search warrant.
3. There is no just cause.
A search warrant is an order in writing issued in the name
of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for
personal property described therein and bring it before the
court.
Personal properties that may be subject of a search
warrant:
1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or fruits
of the offense; or
3. Used or intended to be used as the means of
committing an offense.
REQUISITES FOR VALIDITY OF A SEARCH
WARRANT
1. It should be issued upon probable cause;
2. It should be issued in connection with one specific
offense;
3. The probable cause should be determined
personally by the judgeafter examination under
oath or affirmation of the complainant and the
witnesses he may produce;
4. It must particularly describe the place to be
searched; and
5. It must particularly describethe things to be seized.
Probable cause required to justify the issuance of a SW is
such antecedent facts and circumstances as would induce a
cautious man to rely upon them and act in pursuance
thereof.
A search warrant shall be valid for 10 days from its date.
A search warrant is maliciously obtained when it is
procured without just cause.
The officer, if refused admittance to the place of directed
search after giving notice of his purpose and authority,
may break open any outer or inner door or window of a
house.
Tipped information is a sufficient probable cause to effect a
warrantless search and seizure.
The true test of sufficiency of an affidavit to warrant the
issuance of a search warrant is whether it has been drawn in
such a manner that perjury could be charged thereupon in
case the allegations contained therein prove false.
Procuring a search warrant to extort money from the owner
of the premises is evidence of illegal procurement of a
search warrant.
This felony cannot be complexed with perjury or other
similar offense.
Engaging in a fishing expedition for evidence is indicative
of the absence of evidence to establish probable cause.
Permissible warrantless search:
1. Search of moving vehicles;
2. Seizure of evidence in plain view;
3. Customs searches;
4. Waiver or consent searches;
5. Stop and frisk situations;
6. Warrantless search incidental to a lawful arrest;
7. Exigent and emergency situations;
8. Search of vessels and aircraft;
9. Inspection of buildings and other premises for the
enforcement of fire, sanitary and building
regulations;
10. Search made pursuant to routine airport security
procedure.
A lawful arrest must precede a valid search.
 Search may extend to the area within his
immediate control where he might gain
possession of a weapon or evidence he can destroy.
In a warrantless search, peace officers cannot invoke
regularity in the performance of official functions.
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 Criminal Law 2
Exigencies of public order may justify a warrantless search
of vehicles at checkpoints.
 emergency that makes obtaining a search warrant
impractical, useless, dangerous, or unnecessary.
 For as long as the vehicle is neither searched nor
its occupants subjected to a body search, and the
inspection of the vehicle is limited to a visual
search, said routine checks is not violative of one’s
right against unreasonable search.
Mobility of a moving vehicle justifies a warrantless search
thereof.
Searches without warrant of automobiles is also allowed for
the purpose of preventing violations of smuggling or
immigration laws, provided such searches are made at
borders or constructive borders like checkpoints near the
boundary line of the State.
Generally, only a routine check and not extensive search is
allowed in “stop-and-search” without warrant at military
or police checkpoints.
The search which is normally permissible in this instance is
limited to:
1. Officer merely draws aside the curtain of a vacant
vehicle – parked on the public fair grounds;
2. He simply looks into a vehicle;
3. He flashes a light therein without opening the car’s
doors;
4. Occupants are not subjected to a physical or body
search;
5. Inspection of the vehicles is limited to a visual
search or visual inspection; and
6. Routine check is conducted in a fixed area.
Extensive search is permissible ONLY if the officers
conducting the search have reasonable or probable cause
to believe, before the search, that either the motorist is a
law-offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be searched.
Ex. There had emanated from a package the
distinctive smell of marijuana.
Vehicle that looks suspicious DOES NOT constitute
probable cause.
Plain View
An object is in plain view if the object itself is plainly
exposed to sight
ELEMENTS OF THE PLAIN VIEW DOCTRINE
1. A prior valid intrusion based on the valid
warrantless arrest in which the police are legally
present in the pursuit of their official duties;
2. The evidence was inadvertently discovered by
the police who have the right to be where they are;
3. The evidence must be immediately apparent; and
4. Plain view justified mere seizure of evidence
without further search.
Where the object seized was inside a closed package, the
object itself is NOT in plain view.
 However, if the package proclaims its contents (by
its distinctive configuration, transparency, or
contents are obvious to an observer), then the
contents are in plain view.
REQUISITES OF A VALID WAIVER OR CONSENT
TO SEARCH
1. It must appear that the right exists;
2. The person involved had knowledge, actual or
constructive, of the existence of such right;
3. Said person had an actual intention to relinquish
the right.
The consent must be voluntary in order to validate an
otherwise illegal detention and search, i.e., consent is
unequivocal, specific, and intelligently given,
uncontaminated by any duress or coercion.
Passive acquiescence given under coercive or intimidating
circumstances is not consent at all.
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 Criminal Law 2
Peaceful submission to a search or seizure is NOT consent
or an invitation thereto.
Stop and Frisk Rule
Police officer/s may in appropriate circumstances and in
appropriate manner approach a person for the purpose of
investigating possible criminal behavior even though there
is no probable cause to make an arrest.
REQUISITES FOR STOP AND FRISK
1. Police officer should properly introduce himself
and make initial inquiries;
2. Approach and restrain a person who manifests
unusual and suspicious conduct;
3. Police officer must have a genuine reason in
accordance with the police officer’s experience and
the surrounding condition, to warrant the belief
that the person to be held has weapons or
contraband concealed about him.
Strip search in the ladies’ room is justified under Sec. 9 of
RA 6235.
Exceeding his Authority or Using Unnecessary Severity
in Executing a Search Warrant After Having Legally
Procured the Same
ELEMENTS:
1. Offender is a public officer or employee;
2. He has legally procured a search warrant;
3. He exceeds his authority or uses unnecessary
severity in executing such.
The second manner of committing a violation of Art. 129 –
public officer or employee has legally procured a search
warrant but exceeds his authority or uses unnecessary
severity in executing the same.
This may be committed by:
 Searching beyond the premises authorized in the
warrant;
 Taking articles not included in the directives.
Art. 130 – Searching Domicile Without Witnesses
ELEMENTS:
1. Offender is a public officer or employee;
2. He is armed with a search warrant legally
procured;
3. He searches the domicile, papers or other
belongings of any person;
4. That the owner, or any member of his family, or
two witnesses residing in the same locality are not
present.
If committed by a private individual, his liability will be
determined by his intent:
 Trespass (Art. 280);
 Discovery of Secrets (Art. 290);
 Malicious Mischief (Art. 327).
Witnesses to be present in the course of a lawful search:
1. Owner or lawful occupant or possessor of the
domicile, papers or other belongings of a person;
2. Any member of his family;
3. In their default, at least two witnesses residing in
the same locality.
Search means to go over or look through for the purpose of
finding something.
Art. 130 DOES NOT apply to searches of vehicles or other
means of transportation, because the searches are not
made in the dwelling.
Section 8, Rule 126 of the Revised Rules of Criminal
Procedure substantially reiterates Art. 130.
Art. 129 & 130 are protections against abuse of power.
Art. 131 – Prohibition, Interruption, and
Dissolution of Peaceful Meetings
This felony may be committed by a public officer or
employee.
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 Criminal Law 2
If committed by a private individual, disturbance of
public order (Art. 153).
Ways of Committing
1. Prohibiting or interrupting the holding of a
peaceful meeting or dissolving the same without
legal ground;
2. Hindering any person from joining any lawful
association or from attending any of its meetings;
3. Prohibiting or hindering any person from
addressing, either alone or together with others,
any petition to the authorities for the correction of
abuses or redress of grievances.
Elements common to three ways:
1. Offender is a public officer or employee;
2. He performs any of the acts mentioned.
Paragraph 1
To constitute a violation of Art 131, Par. 1, it is necessary
that:
1. The meeting must be peaceful; and
2. The public officer, without legal ground, prohibits,
interrupts or dissolves the same.
The right to freedom of speech and to peacefully assemble
is NOT absolute.
Uttering of seditious speeches and urging the laboring class
to unite and overthrow the government are legal grounds to
prohibit a meeting.
Violation of an agreement to talk on a prohibited subject at
a public meeting is a legal ground to interrupt or dissolve
said meeting.
Attacking certain churches during a public meeting is NOT
a legal ground to dissolve the same.
Paragraph 2
This paragraph strengthens the constitutional freedom of
association.
Note: The association must be lawful.
Paragraph 3
This protects the right of the people to address, either alone
or together with others, any petition to the authorities for
the correction of abuses and redress of grievances (Art. III,
Sec. 4 of the Ph Constitution).
BP 880 (Public Assembly Act) regulates the constitutional
right of the people to peaceably assemble and petition the
government for grievances.
Bp 880 requires the people to secure a written permit from
the office of the mayor of the municipality or city before
they can organize and hold assembly in a public place.
No permit is required if the public assembly is to be held:
1. In a freedom park duly established by law or
ordinance;
2. In a private property, in which case only the
consent of the owner or the one entitled to its legal
possession is required; or
3. In the campus of a government-owned and
operated educational institution which shall be
subject to the rules and regulations of said
educational institution.
Political rallies or meetings during an election campaign
are NOT covered by BP 880.
Art. 132 – Interruption of Religious Worship
This felony may be committed only by a public officer or
employee.
ELEMENTS OF INTERRUPTION OF RELIGIOUS
WORSHIP:
1. Offender is a public officer or employee;
2. Religious ceremonies or manifestations of any
religion are about to take place or are going on;
3. Offender prevents or disturbs the same.
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 Criminal Law 2
It is committed by preventing or disturbing the There must be deliberate intent to hurt the feelings of the
ceremonies or manifestations of any religion. faithful.

It is qualified if the crime is committed with violence or

threat.

It is NOT necessary that the ceremonies or manifestations

of a religion are done in church.

 The felony is committed regardless of the place

where the ceremony or religious manifestation is
held.

There must be an actual religious ceremony being

conducted.

Art. 133 – Offending the Religious Feelings

This felony may be committed by anyone.

ELEMENTS OF OFFENDING THE RELIGIOUS

FEELINGS:

1. Acts complained of were performed:

a. in a place devoted to religious worship;
b. during the celebration of any religious
ceremony;
2. Acts must be notoriously offensive to the feelings
of the faithful.

The offending act must be notoriously offensive to the

feelings of the faithful.

 It must be one directed against religious practice or

dogma or ritual for the purpose of ridicule.
 The offender, for instance, mocks, scoffs at or
attempts to damage an object of religious
veneration.

Whether or not an act offends the feelings of the faithful

should be viewed or judged from the point of view of
the offended party and not from the point of view of the
offenders.

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 Criminal Law 2
TITLE THREE – Crimes Against Public Art. 134 – Rebellion or Insurrection
Order
1. Rebellion or insurrection (Art. 134)
2. Coup d’etat (Art. 134-A)
3. Conspiracy and proposal to commit coup d’etat,
rebellion or insurrection (Art. 136)
4. Disloyalty of public officers or employees (Art.
137)
5. Inciting to rebellion (Art. 138)
6. Sedition (Art. 139)
7. Conspiracy to commit sedition (Art. 141)
8. Inciting sedition (Art. 142)
9. Acts tending to prevent the meeting of Congress
and similar bodies (Art. 143)
10. Disturbance of proceedings of Congress or similar
bodies (Art. 144)
11. Violation of parliamentary immunity (Art. 145)
12. Illegal assemblies (Art. 146)
13. Illegal associations (Art. 147)
14. Direct Assaults (Art. 148)
15. Indirect Assaults (Art. 149)
16. Disobedience to summons issued by Congress, its
committees, etc., by the constitutional
commissions, its committees, etc. (Art. 150)
17. Resistance and disobedience to a person in
authority or the agents of such person (Art. 151)
18. Tumults and other disturbances of public order
(Art. 153)
19. Unlawful use of means of publication and unlawful
utterances (Art. 154)
20. Alarms and scandals (Art. 155)
21. Delivering prisoners from jails (Art. 156)
22. Evasion of service of sentence (Art. 157)
23. Evasion on occasion of disorders (Art. 158)
24. Violation of conditional pardon (Art. 159)
25. Commission of another crime during service of
penalty imposed for another previous offense (Art.
160)
By its nature, rebellion is a crime of the masses or
multitudes involving crowd action done in furtherance of
a political end.
It is directed against the government.
Rebellion is committed by rising publicly and taking up
arms against the Government for any of the purposes
specified in Art. 134.
Rebellion and insurrection are used synonymously.
ELEMENTS OF REBELLION
1. There is a:
a. Public uprising; and
b. Taking arms against the Government;
2. Purpose of the uprising or movement is either –
a. To remove from allegiance to said
Government or its laws:
i. The territory of the Philippines or
any part thereof; or
ii. Any body of land, naval or other
armed forces;
b. To deprive the Chief Executive or
Congress, wholly or partially of any of
their powers or prerogatives.
Rebellion or inciting to rebellion is by nature a crime of
masses, of a multitude.
 It is a vast movement of men and a complex net of
intrigues and plots.
 Armed public uprising by a substantial number of
rebels is generally required.
Actual clash of arms is NOT necessary to make one liable
for rebellion.
It is NOT necessary that the purpose of rebellion be
actually accomplished.
 It is consummated merely by rising publicly and
taking arms against the Government for any of the
purposes mentioned.
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 Criminal Law 2
o Purpose of the uprising must be shown.
Executive or
Giving aid and comfort is NOT criminal in rebellion. the
Legislature,
wholly or
Rebellion vs. Treason partially, of any
of their powers
Rebellion Treason or prerogatives.

As to evidence Proof beyond There must be

As to the Committed by Committed
required for reasonable the testimony
manner of rising publicly merely by
conviction. doubt is of at least two
commission. and taking levying war
required. witnesses to
arms against against the
the same overt
the Philippine
act.
Government Government or
for any of the merely by
purposes adherence to As to It is a crime It is a crime
specified in Art. the enemy classification. against public against
134. giving them aid order. national
and comfort. security.

As to the time May be May be The killing of the governor by members of the NPA, upon
of commission. committed committed only orders of the NPA commander, is politically motivated; and
anytime. in times of the accused are guilty of simple rebellion and not murder.
war.
Common crimes performed as means to commit rebellion
As to the May be May be and in furtherance thereof, are absorbed in rebellion.
person committed by committed only
committing. any person. by Filipino
Citizen or an NO rebellion if the killing was motivated by a personal or
alien residing private quarrel.
in the
Philippines. Rebellion or insurrection is an act of terrorism under RA
9372.
As to the place May be May be
of commission. committed only committed in The crime of subversion is no longer in our statute books.
in the the Philippine
All our law regarding subversion has been repealed.
Philippines. territory or
elsewhere.

As to the It has for its It has for its

purpose. purpose the purpose the RA 9372 – Human Security Act
removal from delivery of the
allegiance to Philippines to
Any person who commits an act punishable under any of
the Government a foreign
or its laws, the power. the provisions of the Revised Penal Code:
territory of the
Philippines or 1. Piracy and Mutiny (Art. 122);
any part 2. Rebellion or Insurrection (Art. 134);
thereof, or any
body of land, 3. Coup d’etat (Art. 134-A);
naval or other 4. Murder (Art. 248);
armed forces, 5. Serious Illegal Detention (Art. 267);
or deprivation 6. Crimes Involving Destruction (Art. 324), or under
of the Chief
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 Criminal Law 2
a. PD 1613 (Arson);
b. RA 6969 (Toxic Substances and Hazardous
and Nuclear Waste Control);
c. RA 5207 (Atomic Energy Regulatory and
Liability);
d. RA 6235 (Anti-Hijacking);
e. PD 532 (Anti-Piracy & Highway Robbery);
f. PD 1866 (Illegal Possession of Firearms)
thereby sowing and creating a condition of widespread
and extraordinary fear and panic among the populace, in
order to coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism.
Terrorism is punished by a penalty of 40 years of
imprisonment, without the benefit of parole.
4. Purpose of the attack is to seize or diminish state
power.
Coup d’etat may be committed with or without civil
participation.
Coup d’ètat is a political crime.
Political crimes – those directly aimed against the political
order, as well as such common crimes as may be
committed to achieve a political purpose.
Common crimes, when perpetrated to achieve a political
purpose, are stripped of its common complexion, and
become part and parcel of political crimes.
Rebellion vs. Coup d’ètat

Conspiracy to commit treason is punishable under Sec. 4 Rebellion Coup d’ètat

of RA 9372.
As to the Committed by It is a swift
 Persons who conspire to commit terrorism shall manner of rising publicly attack
suffer the penalty of 40 years of imprisonment. commission. and taking accomplished
arms against by violence,
the intimidation,
Terrorism is more severely punished than heinous crimes. Government threat, strategy
for any of the or stealth.
Prosecution under RA 9372 shall be a bar to another purposes
prosecution under the Revised Penal Code or any Special specified in Art.
Penal Laws. 134.

As to the object It is directed It is directed

against which against the against the duly
the attack is Government. constituted
Art. 134-A – Coup d’ètat committed. authorities of
the Philippines,
or any military
ELEMENTS OF COUP D’ETAT:
camp or
installation,
1. Offender is a person or persons belonging to the communication
military or police or holding any public office or networks,
employment; public utilities
2. It is committed by means of a swift attack or other
facilities
accompanied by violence, intimidation, threat,
needed for the
strategy or stealth; exercise and
3. Attack is directed against duly constituted continued
authorities of the Philippines, or any military camp possession of
or installment, communication networks, public power.
utilities or other facilities needed for the exercise
As to the May be May be
and continued possession of power;
persons committed by committed by

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 Criminal Law 2
When the rebellion, insurrection or coup d’ètat is under the
committing the the masses or any person or command of unknown leaders, any person who in fact
crime. multitudes. persons directed others, spoke for them, signed receipts and
belonging to
the military or
other documents issued in their name, or performed
police or similar acts on behalf of the rebels, shall be deemed the
holding any leader of such rebellion, insurrection or coup d’ètat.
public office or
employment. Use of an unlicensed firearm in carrying out the rebellion is
absorbed in the crime of rebellion.
As to the To remove To seize or
purpose. allegiance to diminish State
When acts of violence are committed for private purposes
the Philippine power.
Government or or motive without any political motivation, the same are
its laws, the separate from the crime of rebellion.
territory of the
Philippines or Public officer must take active part to be liable; mere
any part silence or omission is not punishable in rebellion.
thereof, or any
body of land, That the accused never took the oath of allegiance to, or
naval or other
armed forces, that they never recognized the Government is NOT a
or to deprive defense in rebellion.
the Chief
Executive or Membership in a rebel organization DOES NOT
the automatically qualify criminal acts as absorbed in
Legislature, rebellion.
wholly or
partially, of any
of their powers
or
prerogatives. Art. 136 – Conspiracy and Proposal to Commit
Coup d’ètat or Rebellion

Art. 136 defines mere conspiracies that are already

Art. 135 – Rebellion, Insurrection or Coup d’ètat punishable.
(Penalty)
1. Conspiracy to commit coup d’ètat;
Persons liable for rebellion or insurrection: 2. Conspiracy to commit rebellion.

1. The person who promotes, maintains or heads a
rebellion or insurrection.
2. The person merely participating or executing the
commands of others in a rebellion or insurrection.
Persons liable for coup d’ètat:
Conspiracy – when two or more persons come to an
agreement regarding the commission of a crime and decide
to commit it.
Proposal – when a person who has decided to commit a
crime proposes its execution to other persons.

1. The person who leads or in any manner directs or
commands others to undertake a coup d’ètat.
2. Any person in the government service who
participates or in any manner supports finances,
abets or aids in undertaking a coup d’ètat.
Merely agreeing and deciding to commit rebellion or
merely proposing to commit rebellion is already
punishable.
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 Criminal Law 2
A person who does anything to promote the ends of the The crime of disloyalty of public officers presupposes the
rebellion like soliciting contributions, or acting as courier, existence of rebellion by other persons.
he thereby becomes guilty of conspiracy, unless he takes
to the field and joins in the rebellion or uprisings, in which There should be no conspiracy. Otherwise, committing any
latter case he commits rebellion. of the acts of disloyalty when there is conspiracy will make
an offender liable for rebellion.
Organizing a group of soldiers, soliciting membership in,
and soliciting funds from the people for, the organization,
show conspiracy to overthrow the Government.
Art. 138 – Inciting to Rebellion or Insurrection
In conspiracy and proposal to commit rebellion, overt acts
are NOT necessary. This felony may be committed by any person who does not
take arms or is not in open hostility against the
 It is enough that there is an agreement and decision Government.
to commit the crime (conspiracy).
 It is enough that the accused who has decided to ELEMENTS OF INCITING TO REBELLION:
commit the crime proposes the execution of the
crime to others (proposal). 1. Offender does not take arms or is not in open
hostility against the Government;
Conspirac Proposal Inciting Mispirison
2. He incites others to the execution of any of the acts
y of rebellion;
3. Inciting is done by means of speeches,
Treason   
proclamations, writings, emblems, banners or other
  
representations tending to the same end.
Rebellion

 
It is committed by inciting others to the execution of any
Coup
d’etat of the acts specified in Art. 134.

Sedition    Offender shall incite others to rise publicly and

take arms against the Government for any of the
purposes of rebellion.

Such acts or words of incitement must have been

Art. 137 – Disloyalty of Public Officers or
premeditated.
Employees
 If they were only spontaneous, the crime is
This felony can be committed only by public officers or
tumultuous disturbance, as an outcry tending to
employee swhen there is an on-going rebellion.
incite rebellion or sedition (Art. 153).
Ways of Committing:
The assemblage of persons must NOT have been called for
1. By failing to resist a rebellion by all means in the purpose of listening to such incitement, otherwise the
their power; crime is illegal assembly (Art. 146).
2. By continuing to discharge the duties of their
The persons to whom the incitements are directed or
offices under the control of the rebels;
addressed should not actually commit the acts of rebellion.
3. By accepting appointment to office under them
(rebels).  If they do, the persons incited shall be liable as
principals by direct participation and the persons

22
 Criminal Law 2
inciting are liable as principals by inducement for a. To prevent promulgation or execution of
rebellion. any law or the holding of any popular
election;
b. To prevent the National Government, or
Proposal to Commit Inciting to Rebellion
any provincial or municipal government, or
Rebellion
any public officer thereof from freely
exercising his function, or prevent the
In both crimes, the offender induces another to execution of any administrative order;
commit rebellion. c. To inflict any act of hate or revenge upon
the person or property of any public officer
The person who proposes It is NOT required that or employee;
has decided to commit the offender has decided d. To despoil, for any political or social end,
rebellion. to commit rebellion. any person, municipality or province, or
the National Government of all its property
Person who proposes the The act of inciting is done
or any part thereof.
execution of the crime publicly.
uses secret means. How Sedition is Committed

Sedition is committed by persons who rise publicly and

tumultuously in order to attain by force, intimidation, or
by other means outside of legal methods, any of the objects
Art. 139 – Sedition mentioned in Art. 139.

Sedition is the raising of commotions or disturbances in the
State.
 The ultimate object of sedition is a violation of the
public peace or at least such a course of measure as
evidently endangers it.
Public uprising and an object of sedition must concur.
Sedition CANNOT be committed by one person.
 The law provides that sedition is committed by
persons who rise publicly and tumultuously.

Where the purpose of the acts of rising publicly and taking The uprising is tumultuous if caused by more than three
up arms, were not exactly against the Government and for persons who are armed and provided with means of
the purpose of doing the things defined in Art. 134, but violence.
rather, by means of force and intimidation, to inflict an act
of hate or revenge upon the person or property of a public Sedition vs. Rebellion
official, the crime committed is sedition.
Sedition Rebellion
ELEMENTS OF SEDITION:
As to the It is enough that It is necessary
1. Offenders rise – manner of there is a public that there be a
a. Publicly; and commission. uprising– public uprising
b. Tumultuously; which is and taking
tumultuous. arms against
2. They employ force, intimidation, or other means
the
outside of legal methods; Government.
3. The purpose of which is to attain any of the
following objects: As to the nature The purpose The purpose is
of the purpose. may be always
political or political.

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 Criminal Law 2
 If there is NO such uprising, but violence was used
social. for any of the purposes of rebellion or sedition, the
crime may be direct assault (Art. 148) or any
As to the Has for its Has for its
ordinary crime.
purposes. purpose any of purpose the
the objects removal from
enumerated in the allegiance
Art. 139. to the
Philippine Treason vs. Sedition
Government or
its laws, the
territory of the Treason Sedition
Philippines or
any part As to the nature It is a breach of It is the raising
thereof, or any of the crime. allegiance to of commotions
body of land, the Philippine or disturbances
naval or other Government. in the State.
armed forces,
or deprivation As to the It is committed It may be
of the Chief manner of by levying war committed by
Executive or commission. against the rising publicly
the Legislature, Philippine and
wholly or Government or tumultuously in
partially, of any by adherence to order to attain
of their powers the enemy by force,
or prerogatives. giving the latter intimidation or
aid and other means
comfort. outside of legal
methods any of
In rebellion, Art. 134 provides, inter alia, the purpose of the purposes
specified in Art.
the rebels is to deprive the Chief Executive and the 139.
Legislature of their powers and prerogatives. If such acts
are directed against the Judiciary, the crime will only be As to the It is committed It is committed
sedition even if there is an armed public uprising as called purpose. for a political for a political
for in rebellion. purpose. or social
purpose.
In sedition, the public and tumultuous uprising must
As to the It requires that It does not
concur with any of the objects of sedition.
requirement of there be the require such.
the two-witness testimony of at
Regarding par. 3, the act of hate or revenge committed rule. least two
upon the person or property of the public officer must have witnesses to the
been motivated only by the fact that the victim is a same overt act.
public officer.
As to the May be May be
 Otherwise, it would be a case of malicious mischief offender. committed by a committed by
Filipino citizen any person.
or any other ordinary crime. or a resident
alien.
Common crimes are separate and distinct from sedition.
As to the place May be May be
What is essential in sedition is the presence of a public of commission. committed in committed only
uprising. the Philippines in the
or outside. Philippines.

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 Criminal Law 2
Art. 140 – Penalty for Sedition
The following are liable for sedition:
1. The leader; and
2. Other personsparticipating therein.
Art. 141 – Conspiracy to Commit Sedition
This is a form of conspiracy already punishable under the
law.
There must be an agreement and a decision to rise publicly
and tumultuously to attain any of the objects of sedition.
Note: There is NO crime of proposal to commit sedition.
Art. 142 – Inciting to Sedition
This felony may be committed by any person who has
NOT taken any direct part in the crime of sedition.
Inciting to sedition is NOT a continuous crime.
ELEMENTS OF INCITING TO SEDITION:
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. Inciting is done by means of speeches,
proclamations, writings, emblems, cartoons,
banners, or other representations tending to the
same end.
Ways of Committing Inciting to Sedition
1. Inciting others to the accomplishment of any of the
acts that constitute sedition;
2. Uttering seditious words or speeches;
3. Writing, publishing, or circulating scurrilous
libels against the Government or any of its
constituted authorities;
 Scurrilous – low, vulgar or foul.
4. Knowingly concealing evil practices specified in
Art. 142.
The ways of “inciting others” to the accomplishment of
any of the acts that constitute sedition are:
1. Speeches;
2. Proclamations;
3. Writings;
4. Emblems;
5. Placards;
6. Banners;
7. Other representations toward the same end.
To be liable under Art. 142, the seditious or words or
speeches uttered, or scurrilous libels written, published or
circulated against the Government or its duly constituted
authorities must:
1. Tend to disturb or obstruct any lawful officer in
executing the functions of his office;
2. Tend to instigate others to cabal and meet together
for unlawful purposes;
3. Suggest rebellious conspiracies or riot;
4. Tend to stir up the people against the lawful
authorities;
5. Tend to disturb the peace of the community, the
safety and order of the Government.
A play or drama where seditious words were uttered and
seditious speech delivered may constitute inciting to
sedition.
“Should incite others to the accomplishment of any of
the acts which constitute sedition.”
 It is NOT inciting to sedition when it is not proved
that the defendant incited the people to rise
publicly and tumultuously.
Knowingly Concealing Such Evil Practices
This is a felony by omission.
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 Criminal Law 2
While this is an act of an accessory, the accused is
considered and prosecuted as a criminal (principal).
Two Rules Relative to Seditious Words and Speeches
1. Clear and Present Danger Rule
 Whether the words are used in such
circumstances and are of such nature as to
create a clear and present danger that they
will bring about the substantive evils that
Congress has a right to prevent.
2. Dangerous Tendency Rule
 There is a seditious tendency in the words
used, which could easily produce
disaffection among the people and a state
of feeling incompatible with a disposition
to remain loyal to the Government and
obey to the laws.
If sedition results from the incitement, the inciter is
considered a principal by inducement;
If sedition did not take place, he will be liable only for
inciting to sedition.
Art. 143 – Acts Tending to Prevent the Meeting of
the Assembly and Similar Bodies
This felony may be committed by any person.
ELEMENTS:
1. There be 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
or board;
2. Offender who may be any person prevents such
meeting by force or fraud.
This is committed by preventing, through the use of force
or fraud, the meeting of:
1. Congress;
2. Any committee or sub-committee of Congress;
3. Constitutional commissions, committees or
divisions thereof;
4. Any provincial board;
5. Any city council; and
6. Any municipal council or board.
If the force produces physical injuries, or the fraud involves
falsification, said offenses are NOT absorbed.
 They will be complexed.
 If the acts are committed against Congress, they are
further subject to its contempt power.
Art. 144 – Disturbance of Proceedings
This felony may be committed by any person.
Ways of Committing
1. By disturbing the meetings of:
a. Congress
b. Any committee or sub-committee of
Congress
c. Constitutional commissions, committees or
divisions
d. Provincial boards
e. City councils
f. Municipal councils or boards
2. In the presence of the foregoing bodies, behaving
in such a manner as to interrupt the proceedings
or impair the respect due to it.
It must be a meeting of a legislative body or of provincial
board or city or municipal council or board which is
disturbed.
The complaint for disturbance of proceedings may be filed
by a member of a legislative body.
While the purpose of the offender in Articles 143 & 144 are
similar to one of the objects of rebellion or sedition, the
difference lies in the fact that there is no public uprising
involved in these.
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 Criminal Law 2
Art. 145 – Violation of Parliamentary Immunity
Ways of Committing
1. Any person who shall use force, intimidation, threat
or fraud to prevent any member of Congress
from:
a. Attending the meeting of Congress, its
committees or sub-committees,
Constitutional commissions, committees or
divisions;
b. Expressing his opinion; or
c. Casting his vote.
2. Any public officer or employee who, while
Congress is in regular or special session, arrest or
search any member, except in case such member
has committed a crime punishable by a penalty
higher than prision mayor.
 Note: Under the 1987 Constitution, a
member of Congress may be privileged
from arrest when the penalty for the
offense does not exceed 6 years.
 The Constitution shall prevail over Art.
145.
ELEMENTS OF 1st MODE:
1. Offender uses force, intimidation, threats or fraud;
2. Purpose of the offender is to prevent any member
of Congress from:
a. Attending their meetings or of any of its
committees or constitutional commissions,
etc.; or
b. Expressing his opinions; or
c. Casting his vote.
ELEMENTS OF 2nd MODE:
1. Offender is a public officer or employee;
2. He arrests or searches any member of Congress;
3. That Congress, at the time of arrest or search, is in
regular or special session;
4. That the member arrested or searched has NOT
committed a crime punishable under the Code by a
penalty higher than prision mayor (should be “a
penalty higher than 6years).
It is NOT necessary that a member of Congress be actually
prevented from attending any of its meetings, from
expressing his opinion or casting his vote. It is enough that
the accused uses force, intimidation, threat or fraud for the
purpose of preventing any of member of Congress from
exercising the prerogatives mentioned in Art. 145.
Note: Parliamentary immunity does not protect a member
of Congress for unparliamentary conduct before the
Congress itself.
Art. 146 – Illegal Assemblies
Kinds of Illegal Assembly
1. An assembly or meeting attended by armed
persons for the purpose of committing any crime
punishable under the RPC.
REQUISITES:
a. There is a meeting, gathering or group of
persons, whether in a fixed place or
moving;
b. The meeting is attended by armed persons;
c. Purpose of the meeting is to commit any of
the crimes punishable under the Code.
2. An assembly or meeting attended by persons,
whether armed or not, wherein the audience is
incited to the commission of the crime of treason,
rebellion or insurrection, sedition or assault upon
a person in authority or his agents.
REQUISITES:
a. There is a meeting, gathering or group of
persons, whether in a fixed place or
moving;
b. The audience, whether armed or not, is
incited to the commission of the crime of
treason, rebellion, sedition or direct
assault.
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 Criminal Law 2
Distinction Between the 1st and the 2nd Kind In the second mode, that the audience is actually incited to
the commission of any of the crimes of sedition, rebellion,
etc. is a necessary element.
1st Kind of 2nd Kind of
Illegal Illegal
Assembly Assembly The person who incited an audience in a meeting to the
commission of rebellion or sedition is liable for both illegal
As to the The persons The persons assembly and inciting to rebellion or sedition.
persons attending are attending may
attending. armed persons. be armed or Meeting shall be understood to include a gathering or
not. group, whether in a fixed place or moving.
As to the To commit any To commit the
purpose. crime crime of
punishable treason,
under the RPC. rebellion or Art. 147 – Illegal Associations
insurrection,
sedition or Illegal associations are associations, totally or partially
assault upon a
person in organized for the purpose of committing any of the crimes
authority or his punishable under the RPC or for some purpose contrary to
agents. public morals.

Persons Liable for Illegal Assembly:

Persons Liable for Illegal Assembly: 1. Founders, directors and presidents;

2. Mere members.
1. Organizers or Leaders of the meeting;
2. Persons merely present at the meeting. Illegal Association vs. Illegal Assembly

In the 1st kind, the meeting should be attended by armed

persons. The law is silent as to how many should be Illegal Association Illegal Assembly
armed.
It is NOT necessary It is necessary.
that there be an actual
 It is submitted that there should be at least two
meeting or assembly.
because the law uses “persons.”
It is NOT necessary For the 1st kind of
Persons merely present at the meeting: that the members, illegal assembly, the
founders, directors or meeting must be
1. If they are NOT armed, the penalty is arresto presidents be armed. attended by armed
mayor. persons.
2. If they carry arms, like bolos or knives, or licensed
firearms, the penalty is prision correcional. The persons liable are The persons liable are
the founders, directors, the organizers, leaders
Carrying Unlicensed Firearm in the Meeting and presidents of and persons merely
associations. present at the meeting.
1. It shall be presumed that the purpose of the
meeting, insofar as he is concerned, is to commit The purpose is to In the 1st kind, the
acts punishable under the RPC. commit acts purpose is to commit
2. He shall be considered to be the leader or punishable under the any of the crimes
organizer of the meeting. RPC or for some under the RPC. In the
purpose contrary to 2nd kind, the purpose is
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 Criminal Law 2
public morals. to commit the crime of
treason, rebellion or
insurrection, sedition
or assault upon a
person in authority or
his agents.
The acts punished are The acts punished are
organizing, forming the meeting and
and membership in the attendance at such
association. meeting.
Art. 148 – Direct Assault
This is a crime against public order.
Ways of Committing Direct Assault
1. That the offender:
a. makes an attacks,
b. employs force,
c. makes a serious intimidation, or
d. makes a serious resistance;
2. That the person assaulted is a person in authority
or his agent;
3. That at the time of the assault the person in
authority or his agent:
a. is engaged in the actual performance of
official duties, or
b. that he is assaulted by reason of the past
performance of official duties;
4. That the offender knows that the one he is
assaulting is a person in authority or his agent in
the exercise of his duties;
5. That there is NO public uprising.

This is committed by any person who, without a public The word attack includes any offense or antagonistic
uprising: movement or action of any kind.

1. Shall employ force or intimidation for the
attainment of any of the purposes enumerated in
defining the crimes of rebellion and sedition; and
2. Shall attack, employ force, or seriously
intimidate or resist any person in authority or his
agents, while engaged in the performance of
official duties, or on the occasion of such
performance.
The second mode is the more common way of committing
assault. It is aggravated when there is a weapon employed
in the attack, or the offender is a public officer, or the
offender lays hands upon a person in authority.
A teacher or professor is a person in authority only for the
purposes of the application of Arts 148 & 151 of the
RPC.
Attacking a teacher who had inflicted corporal punishment
on a pupil is direct assault.
 A teacher has authority to inflict corporal
punishment on a pupil if no bodily harm is caused
and the punishment inflicted is moderate.
Lawyers in the actual performance of their professional
duties or on the occasion of such performance

The first mode is tantamount to rebellion or sedition, “On the occasion of such performance” signifies because
without the element of public uprising. or by reason of the past performance of official duty.

ELEMENTS OF THE FIRST MODE:  Evidence of motive of the offender is important

1. Offender employs force or intimidation;
2. Aim of the offender is to attain any of the purposes
of the crime of rebellion or any of the objects in the
crime of sedition;
3. There is NO public uprising.
when the person in authority or his agent is not in
the actual performance of his official duty.
The motive or reason for the aggression becomes
immaterial, if the victim was hurt while in the performance
of official duties.

ELEMENTS OF THE SECOND MODE: “Performance of official duties” may include official travel
from one place to another.

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 Criminal Law 2
The aggravating circumstance of disregard of rank is
inherent in direct assault.
Degree of Force Needed
1. When the offended party is a person in authority,
the force does not have to be serious.
2. When the offended party is a mere agent of a
person in authority, the force must of a serious
character.
 It indicates a determination to defy the law
and its representatives of all hazards.
When intimidation was used in the commission of direct
assault, the same must be serious, regardless of whether
the offended party is a person in authority or his agent.
“In the performance of duties” refers to the legitimate
exercise of the functions of the person in authority or his
agents.
There is NO direct assault if the victim was not performing
his public duties.
When the person in authority or their agents descends to
matters which are private in nature, an attack made by one
against the other is NOT direct assault.
Even if the person in authority or his agents agrees to fight,
the one who assaulted him is liable for direct assault.
 The character of a person in authority or his agent
is not assumed or laid off at will, but attaches to
him until he ceases to be in office.
Knowledge of the accused that the victim is a person in
authority or his agent is essential.
 Offender must have the intention to defy the
authorities.
Assault upon a person in authority may be committed by
another person in authority.
 Art. 148 makes it an aggravating circumstance
when the offender is a public officer or employee.
However, there can be NO assault or disobedience by
another when they both contend in the exercise of their
respective duties.
The resistance must be active.
Direct Assault may be complexed with serious or less
serious physical injuries but NOT with slight physical
injuries.
 Light felony cannot be complexed with other
crimes.
 If slight physical injuries employed against a
person in authority, separate crimes.
 If against an agent of a person in authority, slight
physical injuries is absorbed in direct assault.
Disregard of respect due to offended party on account of
rank is inherent in direct assault.
Direct Assault is qualified when –
1. Assault is committed with a weapon;
2. Offender is a public officer or employee;
3. Offender lays hands upon a person in authority.
Weapon includes any object which some physical injury
may be inflicted.
Art. 149 – Indirect Assault
This felony may be committed by any person who shall
make use of force or intimidation upon any person coming
to the aid of the authorities or their agents on the occasion
of the commission of any of the crimes of direct assault.
ELEMENTS OF INDIRECT ASSAULT:
1. A person in authority or his agent is the victim of
any of the forms of direct assault defined in Art.
148;
2. A person comes to the aid of such authority or his
agent;
3. Offender makes use of force or intimidation upon
such person coming to the aid.
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 Criminal Law 2
Indirect assault can be committed only when a direct
assault is also committed.
Note: Art. 152 as amended by RA1978 states that a private
individual coming to the aid of a person in authority is
himself deemed an agent of a person in authority.
 If the victim is a person in authority who is subject
of a crime under Art. 148, and the third person
coming to his aid is likewise attacked, the crime
committed against that third person will be direct
assault; resistance or disobedience depending on
the degree of force or violence used against him.
Art. 150 – Disobedience to Summons
This felony is committed by any person who, having been
summoned to attend as witness before Congress, its
committees, subcommittees, Constitutional commissions
and committees, subcommittees or divisions or before any
committee chairman or member authorized to summon
witnesses, and without legal excuse:
1. Shall refuse to obey such summons;
2. Being present before any such legislative or
constitutional body or official:
a. Refuses to be sworn or placed under
affirmation or
b. Refuses to answer any legal inquiry or
c. Refuses to produce any books, papers,
documents, or records in his possession,
when required by them to do so in the
exercise of their functions.
3. Shall restrain another from attending as a witness,
or
4. Shall induce disobedience to a summons or refusal
to be sworn by any such body or official.
Refusal to obey summons, to produce records or answer
inquiries, etc. should be without legal excuse.
 Art. 150 may not apply when the papers or
documents may be used as evidence against the
owner, because it is equivalent to compelling him
to be a witness against himself.
The disobedience to summons or the refusal of the witness
should be related to a legislative inquiry “in aid of
legislation.”
Any of the acts punishable by Art. 150 may also constitute
contempt of Congress.
Art. 151 – Resistance and Disobedience to a Person
in Authority or his Agents
It is the refusal or failure of the accused to follow an order
directly issued to him by a person in authority or agent of a
person in authority in the exercise of their functions.
ELEMENTS OF RESISTANCE AND SERIOUS
DISOBEDIENCE (par. 1):
1. A person in authority or his agent is engaged in the
performance of his official duty or gives a lawful
order to the offender;
2. Offender resists or seriously disobeys such person
in authority or his agent;
3. Act of the offender is NOT included in the
provisions of Arts. 148, 149 & 150.
The disobedience contemplated consists in the failure or
refusal to obey a direct order from the authority or his
agent.
 A person cannot be guilty of disobedience to an
order which is NOT addressed to him.
ELEMENTS OF RESISTANCE AND SERIOUS
DISOBEDIENCE (par. 2):
1. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order
to the offender;
2. Offender disobeys such agent of a person in
authority;
3. Such disobedience is NOT of a serious nature.
RA 3600 does not prevent any peace officer from taking
any measure necessary to maintain peace and order and/or
protect life and property.
 Picketing is legitimate if it is confided to
persuasion, if it is free from molestation or threat of
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 Criminal Law 2
physical injury or annoyance, and if there exist
some lawful justification for its existence.

A teacher is a person in authority covered by Art. 151.

Art. 152 – Persons in Authority and Agents
A lawyer in the actual performance of their professional
duties or on the occasion of such performance shall be Examples of Persons in Authority
deemed persons in authority under Art. 151.
1. Municipal mayor;
2. Municipal councilor;
3. Division superintendent of schools;
Direct Assault vs. Resistance or Serious Disobedience 4. Teachers, professors, persons charged with the
supervision of public or duly recognized private
Direct Assault Resistance or schools, colleges and universities;
Serious 5. Lawyers in the actual performance of their
Disobedience professional duties or on the occasion of such
performance;
As to when the May be The person in
crime may be committed authority or his
6. Director of posts;
committed. when the agents must be 7. Teacher-nurse;
person in in the actual 8. The punong barangay, sagguniang baragay
authority or his performance of members, and members of the lupong
agent is in the their official tagapamayapa in each barangay – in their
actual duties.
jurisdictions.
performance of
official duty or 9. The members of the People’s Law Enforcement
by reason Board (PLEB).
thereof.
“Directly vested with jurisdiction” means the power and
As to the The second It is committed authority to govern and execute the laws.
manner of form of DA is only by
commission. committed by resisting and Examples of Agents of a Person in Authority
attacking, seriously
employing disobeying a
force, seriously person in 1. A person who comes to the aid of person in
intimidating or authority or his authority on the occasion of a direct assault
seriously agent. committed against the latter;
resisting any 2. Barangay councilman;
person in 3. Barangay tanod;
authority or his
4. Barangay chief tanod;
agents.
5. Policemen or members of the PNP;
As to the The use of The resistance 6. Municipal treasurer;
seriousness of force is serious is not so serious 7. Postmaster;
the force and deliberate as there is no 8. Sheriff;
employed. as there is a manifest intent 9. President of the sanitary division;
manifest intent to defy the law
10. Malacañan confidential agent;
to defy the law and the officer
and the persons enforcing it. 11. Barrio policeman, barangay chief tanod and
enforcing it. barangay leader;
12. Other barangay officials and members who may be
Knowledge that the person arresting him is a peace officer designated by law and charged with the
is essential. maintenance of public order, protection and
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 Criminal Law 2
security of life and property, or the maintenance of
a desirable and balanced environment, and any
barangay member who comes to the aid of persons
in authority.
Teachers, professors, and persons charged with the
supervision of schools are persons in authority only for
purposes of Art. 148 (direct assault) and Art 151 (resistance
or disobedience). They are NOT considered persons in
authority for purposes of Art. 149.
 If this class of persons in authority come to the aid
of another person in authority, they will be
considered only as private individuals who are
accordingly deemed to be merely agents of persons
in authority on that occasion.
Art. 153 – Tumults and Other Disturbances of
Public Order
Ways of Committing Tumults and Other Disturbances
of Public Order
1. Causing any serious disturbance in a public
place, office or establishment;
2. Interrupting or disturbing public performances,
functions or gatherings, or peaceful meetings, if the
act is NOT included in the provisions of Arts. 131
& 132;
3. In any meeting, association or public place, shall
make any outcry tending to incite rebellion or
sedition.
4. In any meeting, association or public place, shall
display placards or emblems which provoke a
disturbance of the public order;
5. Those persons who in violation of the provisions
contained in the last clause of Art. 85 shall bury
with pomp the body of a person who has been
legally executed.
Disturbance or interruption is deemed tumultuous when
caused by more than three persons who are armed and
provided with means of violence.
 It is qualified if the disturbance or interruption is
of a tumultuous character.
Serious disturbance must be planned or intended.
An outcry to incite rebellion or sedition may amount to
inciting to rebellion or sedition if the act was done with the
idea or afterthought of inducing the listeners or readers
to commit the crime of rebellion or sedition; it may
constitute disturbance of public order if the outcry is not
intentionally calculated to induce others to commit
rebellion or sedition – an unconscious outburst.
 Outcry means to shout subversive or provocative
words tending to stir up the people to obtain by
means of force or violence any of the objects of
rebellion or sedition.
Art. 154 – Unlawful Use of Means of Publication
and Unlawful Utterances
Acts Punishable:
1. Publishing or causing to be published, by means
of printing, lithography or any other means of
publication, as news any false news which may
endanger the public order, or cause damage to the
interest or credit of the state;
 Actual public disorder or damage is NOT
necessary.
2. Encouraging disobedience to the law or the
constituted authorities or by praising, justifying or
extolling any act punished by law, by the same
means or by words, utterances or speeches;
3. Maliciously publishing or causing to be
published any official resolution or document
without proper authority, or before they have been
published officially;
4. Printing, publishing or distributing books,
pamphlets, periodicals, or leaflets which DO NOT
bear the real printer’s name, or which are classified
as anonymous.
The offender must know that the news is false.
If a leaflet distributed merely contains open exhortation to
disobey the law requiring the compulsory military training,
then the offender is liable under paragraph 2 of Art. 154.
However, if the leaflet also incites the people to rise
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publicly and tumultuously to prevent the execution of the
law, then the crime is inciting to sedition.
Art. 156 – Delivering Prisoners From Jail
Art. 155 – Alarms and Scandals
ELEMENTS OF DELIVERING PRISONERS FROM
Acts Punishable: JAIL:

1. Discharging any firearm, rocket, firecracker, or
other explosive within any town or public place,
calculated to cause (which produces) alarm or
danger;
2. Instigating or taking an active part in any
charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility;
3. Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements;
4. Causing any disturbance or scandal in public
places while intoxicated or otherwise, provided Art.
153 is NOT applicable.
1. There is person confined in a jail or penal
establishment;
2. Offender removes therefrom such person, or helps
the escape of such person.
Two Ways of Committing
1. By removing from any jail or penal
establishment any person confined therein;
2. By helping such person to escape.
“To remove” means to take away a person from the place
of his confinement.

Discharge of firearms, to constitute alarms and scandals, “To help in the escape” means to furnish that person with
should be done in a town or public place, which the material means such as a file, ladder, rope, etc. which
produces alarm or danger. facilitate his escape.

Alarm and Scandal vs. Discharge of Firearm This felony is usually committed by an outsider.

 But this article can be committed by any person,

Alarm and Scandal Discharge of Firearm whether an outsider or not.

This is a crime against This is a crime against Prisoner may be under detention only.
public order. persons.
Hospital or asylum considered extension of jail or prison.
The essence of this is The gravamen of this
the discharge of a is the act of shooting If the prisoner who is removed from jail or from any place
firearm calculated to another without intent where he is confined is a detention prisoner, he incurs no
cause alarm or danger to kill. criminal liability. But if the prisoner is a convict by final
to the public. judgment, he is liable for evasion of service of sentence.
This is a light felony. This is a less grave  The supposed offender here is the person who
felony.
escaped.
This should be done in This can be done
A jail guard who is off-duty may be liable for delivering
a town or public place. anywhere.
prisoners from jail.
Charivari is a confused medley of sounds.
 The reason for this is that the guard, being off-duty,
If the disturbance is of a serious nature, the case will fall is acting in his private capacity.
under Art. 153, not par.4 of this article.

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 If the guard was on duty at the time of the incident,
he may be liable for infidelity in the custody of
prisoners (Art. 223).
When violence, intimidation or bribery is used as the means
to commit the crime, the penalty is merely higher.
 They are NOT an element of the offense.
 Violence and intimidation are absorbed; Bribery
however, can neither be absorbed nor complexed
but shall be a separate crime.
If the delivery of the prisoner is committed through bribery,
the parties concerned incur the following liabilities:
a. The briber is liable under this article, plus
corruption of a public officer (Art. 212).
b. The jailer, if a public officer, is liable for infidelity
in the custody of prisoners for conniving with or
consenting to evasion (Art. 223), in addition to his
liability for bribery (Art. 210); and if he is a
private individual, he is identically liable but is
punished with the next lower degree of the penalty.
c. The prisoner, if he is a convict by final judgment, is
liable for evasion of service of sentence (Art.
157), but is not liable under this article since he is
the object of the crime; if he is a detention
prisoner, he incurs no criminal liability for
escaping but in the judgment in his case, if it be of
conviction, he will not be entitled to an
indeterminate sentence.
If the prisoner is detained for the crime of treason,
parricide, murder or an attempt against the President’s life,
it is suggested that those who delivered him from jail are
accessories to those crimes (Art. 19[3]).
Art. 157 – Evasion of Service of Sentence
This felony can be committed only by those who have been
convicted by final judgment by escaping during the term
of his sentence.
Escape means unlawful departure of a prisoner from the
limits of his custody.
One who has not been committed to prison cannot be said
to have escaped therefrom.
Evasion of sentence is another term for jailbreaking.
ELEMENTS OF EVASION OF SERVICE OF
SENTENCE
1. The offender is a convict by final judgment;
2. He is serving his sentence which consists of
deprivation of liberty;
3. He evades service of sentence by escaping during
the term of his sentence.
 The word imprisonment should be “by
escaping during the term of his sentence
which consists in deprivation of liberty.”
One who is sentenced to destierro may commit evasion of
service of sentence.
A prisoner who escapes from a penal institution may be
arrested without a warrant.
Evasion of service of sentence is a continuing crime.
Evasion of Sentence vs. Violation of Conditional Pardon
1. Evasion of service of sentence is a crime in Art.
157 – it is an attempt at least to evade penalty
inflicted by the courts.
Violation of conditional pardon is a mere
infringement of the terms stipulated in a contract
between the sovereign power or the Chief
Executive and the criminal – he will be
recommitted to prison for such violation.
2. Evasion of service of sentence is a public offense
or a wrongful act separate and independent from
any other; it is not righted or effaced by the pardon
or remission of the penalty imposed in the sentence
against the accused.
Violation of conditional pardon is not a public
offense; it does not cause harm or injury to the right
of other persons nor does it disturb public order.
NO evasion of service of sentence when the sentence is
executed by deportation.
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 When the alien is deported as his sentence, and
returns to the Philippines, he cannot be held liable
for evasion of service of sentence because the alien
was not sentenced to imprisonment and
thereafter broke jail.
NO evasion of service of sentence when the escape is
committed by a youthful offender committed to a
rehabilitation center (PD 603).
Circumstance qualifying the offense:
If such evasion or escape takes place:
1. By means of unlawful entry (should be by
scaling);
2. By breaking doors, windows, gates, walls,
roofs or floors;
3. By using picklocks, false keys, disguise,
deceit, violence or intimidation;
4. Through connivance with other convicts or
employees of the penal institution.
Art. 158 – Evasion of Service of Sentence on the
Occasion of Disorders, Conflagrations, Earthquakes, or
other Calamities
This felony may be committed only by a convict by final
judgment.
It is committed when a convict leaves the penal institution
and fails to give himself up to the authorities within 48
hours following the issuance of a proclamation by the
Chief Executive announcing the passing away of such
calamity.
ELEMENTS:
1. Offender is a convict by final judgment who is
confined in a penal institution;
2. There is disorder, resulting from:
a. Conflagration,
b. Earthquake,
c. Explosion,
d. Similar catastrophe,
e. Mutiny in which he has not participated;
3. Offender evades the service of his sentence by
leaving the penal institution where he is confined,
on the occasion of such disorder or during the
mutiny;
4. Offender fails to give himself up to the authorities
within 48 hours following the issuance of a
proclamation by the Chief Executive announcing
the passing away of such calamity.
An increase of 1/5 of the time still remaining to be served,
which in no case shall exceed 6 months shall be the
penalty.
Should the convict give himself up within 48 hours
following the proclamation by the Chief Executive that the
calamity has passed away, he shall be entitled to a
reduction of 1/5 of his sentence.
Mutiny implies an organized unlawful resistance to a
superior officer.
If the prisoners disarmed the guards and escaped, there is
no mutiny because the guards are not their superior
officers.
There can be NO evasion of the sentence of destierro in
Art. 158.
 Art. 158 specifically provides for the act of the
offender “leaving the penal institution where he
shall have been confined,” thus referring to a
sentence of imprisonment.
Note: RA 10592 has enlarged the scope of Art. 98 to
include a prisoner who chooses to stay in the place of his
confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Art. 158.
 A deduction of 2/5 of the period of his sentence is
granted.
Art. 159 – Other Cases of Evasion of Service of
Sentence
This felony may be committed only by a convict who,
having been granted conditional pardon, shall violate any
of the conditions of such pardon.
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ELEMENTS:
1. Offender was a convict;
2. He was granted a conditional pardon by the Chief
Executive;
3. He violated any of the conditions of such pardon.
Two Penalties Provided:
1. If the penalty remitted does not exceed 6 years –
prision correcional in its minimum period;
2. If the penalty remitted is higher than 6 years – the
unexpired portion of his original sentence.
The majority opinion in People v. Jose and reiterated in
Alvarez v. Director of Prisons held that Art. 159 is NOT a
substantive offense.
 The minority opinion appears more logical and
realistic in holding that it is a substantive offense.
Since Art. 159 defines a distinct, substantive felony, the
parolee or convict who is regarded as having violated the
provisions thereof must be charged, prosecuted and
convicted by final judgment before he can be made to
suffer the penalty prescribed.
The parolee must be tried in the same territorial
jurisdiction where the subsequent offense was committed.
A conditional pardon is in force and substance a contract
between the executive power of the State and the person for
whom it is granted.
Condition extends to special laws.
When the penalty remitted is destierro, the penalty for
violation of conditional pardon is prision correcional in its
minimum period.
 Destierro has a duration of 6months and 1day to
6years.
Offender can be arrested and reincarcerated without trial
(Sec.64[i] Revised Admin Code).
Duration of the conditions subsequent is limited to the
remaining period of the sentence.
Art. 160 – Quasi-recidivism
Quasi-recidivism is a special aggravating circumstance
where a person, after having been convicted by final
judgment, before beginning to serve such sentence, or while
serving the same shall commit a new felony.
ELEMENTS:
1. Offender was already convicted by final judgment
of one offense;
2. He committed a new felony before beginning to
serve such sentence or while serving the same;
Special aggravating circumstance are those which arise
under special condition to increase the penalty for the
offense to its maximum period, but the same cannot
increase the penalty to the next higher degree. It cannot be
offset by an ordinary mitigating circumstance.
The second crime must be a felony.
The previous crime for which the accused is serving
sentence may be a felony or a violation of a special law.
Quasi-recidivism also applies where the crime was
committed by the offender while he was at large after
escaping from the penal institution, or while he was in the
act of escaping therefrom.
It is submitted that there can be NO quasi-recidivism if the
accused who was serving sentence by final judgment
commits evasion of service of sentence by escaping from
jail.
 The circumstance that the convict was serving his
sentence under a final judgment is an essential
element of evasion of service of sentence. Art.
62[1] provides that a circumstance which is an
element of or is included by the law in defining a
crime shall not be taken into account for the
purpose of increasing the penalty.
If the offender would be either a recidivist or a quasi-
recidivist – it is submitted that the circumstance to be
applied should be quasi-recidivism.
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If the offender would be either a quasi-recidivist or a
habitual delinquent, both circumstance will apply as Art.
160 allows quasi-recidivism to be appreciated besides the
provisions of Rule 5 of Art. 62. A quasi-recidivist may be
pardoned at the age of 70years. But a convict who is a
habitual delinquent or considered not worthy of executive
clemency is NOT entitled to pardon upon reaching 70years.

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Title Four – Crimes Against Public
Interest
1. Counterfeiting the great seal of the Philippine
Government, forging the signature or stamp of the
Chief Executive (Art. 161);
2. Using forged signature or counterfeit seal or stamp
(Art. 162);
3. Making and importing and uttering false coins (Art.
163);
4. Mutilation of coins, importation and uttering of
mutilated coins (Art. 164);
5. Selling of false or mutilated coins, without
connivance (Art. 165);
6. Forging treasury or bank notes or other documents
payable to bearer, importing, and uttering of such
false or forged notes and documents (Art. 166);
7. Counterfeiting, importing and uttering instruments
not payable to bearer (Art. 167);
8. Illegal possession and use of forged treasury or
bank notes and other instruments of credit (Art.
168);
9. Falsification of legislative documents (Art. 170);
10. Falsification by public officer, employee or notary
(Art. 171);
11. Falsification by private individuals and use of
falsified documents (Art. 172);
12. Falsification of wireless, cable, telegraph and
telephone messages and use of said falsified
messages (Art. 173);
13. False medical certificates, false certificates of merit
or service (Art. 174);
14. Using false certificates (Art. 175);
15. Manufacturing and possession of instruments or
implements for falsification (Art. 176);
16. Usurpation of authority or official functions (Art.
177);
17. Using fictitious name and concealing true name
(Art. 178);
18. Illegal use of uniform or insignia (Art. 179);
19. False testimony against defendant (Art. 180);
20. False testimony favorable to the defendant (Art.
181);
21. False testimony in civil cases (Art. 182);
22. False testimony in other cases and perjury (Art.
183);
23. Offering false testimony in evidence (Art. 184);
24. Machinations in public auction (Art. 185);
25. Monopolies and combinations in restraint of trade
(Art. 186);
26. Importation and disposition of falsely marked
articles or merchandise made of gold, silver, or
other precious metals or their alloys (Art. 187);
27. Substituting and altering trade marks and trade
names or service marks (Art. 188);
28. Unfair competition and fraudulent registration of
trade mark or trade name, or service mark;
fraudulent designation of origin, and false
description (Art. 189).
Art. 161 – Counterfeiting the Great Seal or Forging
the Signature or Stamp of the Chief Executive
The subject matter of forgery under Art. 161 may be:
1. The Great Seal of the Government of the
Philippines;
2. The signature of the Chief Executive; or
3. The stamp of the Chief Executive.
The President has custody of the Great Seal.
Art. 162 – Using Forged Signature or Counterfeit
Seal or Stamp
The essence of the crime is knowingly using the
counterfeit seal or stamp or forged signature of the Chief
Executive.
ELEMENTS:
1. Great Seal of the Republic was counterfeited or the
signature or stamp of the Chief Executive was
forged by another person;
2. Offender knew of the counterfeiting or forgery;
3. He used the counterfeit seal or forged signature or
stamp.
The offender under this article should NOT be the forger.
 Otherwise, he will be liable under Art. 161.
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The accused shall be prosecuted as a principal.
Articles 161 and 162 presuppose that the signature of the
President has been forged on a document which was
supposed to have been signed by him in his official
capacity as the Chief Executive.
 If the document is one supposedly signed by him in
a private capacity, the crime would be
falsification.
Art. 163 – Making and Importing and Uttering
False Coins
ELEMENTS:
1. There be false or counterfeited coins;
2. Offender either made, imported or uttered such
coins;
3. That in case of uttering such false or counterfeited
coins, he connived with the counterfeiters or
importers.
Acts Punishable Under Art. 163
1. Making false coins;
2. Importing false coins; and
3. Uttering false coins in connivance with
counterfeiters or imposters.
Coin is a piece of metal stamped with certain marks and
made current at a certain value.
A coin is deemed to be false or counterfeited when it is
spurious and contains merely an imitation of a peculiar
design of a genuine coin.
 A false or counterfeit coin is any coin which is
NOT authorized by the Government to be used or
circulated as legal tender.
Kinds of coins the counterfeiting of which is punished:
1. Silver coin of the Philippines or coin of the Bangko
Sentral ng Pilipinas;
2. Coin of the minor coinage of the Philippines or of
the Bangko Sentral ng Pilipinas;
3. Coin of the currency of a foreign country.
Minor coins are the coins below ten-centavo denomination.
Utter means to fabricate and put into circulation false
coins.
Bangko Sentral ng Philipans coins already withdrawn from
circulation may be the subject of counterfeiting under
Art. 163.
Foreign notes must be the currency of the foreign country.
Note: Counterfeiting and/or introduction into the
Philippines of counterfeit coins or currency notes are
punishable under the Code even if such offenses are
committed abroad (Art. 2[2],[3]).
Art. 164 – Mutilation of Coins
Acts Punishable Under Art. 164
1. Mutilating coins of legal currency of the
Philippines;
2. Importing mutilated current coins in connivance
with the mutilator or importer; and
3. Uttering mutilated current coins in connivance
with the mutilator or importer.
Mutilation means taking off or abstracting the metal in the
coin either by filing out or substituting that for another
metal of inferior quality.
It is indispensable that the mutilated coin be of legal
tender.
Foreign coins cannot be the subject of mutilation.
P.D. 247 punishes any person who shall willfully deface,
mutilate, tear, burn or destroy, in any manner, currency
notes or coins issued by the Bangko Sentral ng Pilipinas.
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Art. 165 – Selling of False or Mutilated Coins Subject of Forgery or Falsification

The title of this article is erroneous since what is actually 1. Treasury notes;
punished is the offender’s possession of false or 2. Bank notes;
mutilated coins with intent to utter or actually uttering 3. Certificates or other obligations and securities
the same. payable to bearer.

Acts Punishable Under Art. 165 Acts Punishable:

1. Possession of false or mutilated coins with intent to
utter, knowing that the coin is false or mutilated;
Elements:
 Possession;
 With intent to utter;
 Knowledge
2. Actually uttering a false or mutilated coin,
knowing that the coin is false or mutilated.
1. Forgery or falsification of treasury or bank notes,
certificates or other obligations and securities
payable to bearer;
2. Importation of such forged or falsified treasury or
bank notes, certificates or other obligations and
securities payable to bearer;
3. Uttering, in connivance with the forger or
importer, of such forged or falsified treasury or
bank notes, certificates or other obligations and
securities payable to bearer.

Elements: Importation of false or forged obligations or notes

means to bring them into the Philippines, which
 Actually uttering; presupposes that the obligations or notes are forged or
 Knowledge falsified in a foreign country.

Possession under Art. 165 covers both actual and
constructive possession.
Possession of or uttering false coin DOES NOT require that
the counterfeited coin is legal tender.
Uttering false or forged obligations or notes means
offering such knowing them to be false or forged, whether
such offer is accepted or not, with a representation, by
words or actions, that they are genuine and with an intent
to defraud.

The accused should have the intent to utter and the Uttering must be with connivance.
knowledge that the coin is false or mutilated.
The words obligation or security of the Philippines
includes:

Art. 166 – Forging Treasury or Bank Notes or 1. Bonds;

Other Documents Payable to Bearer; Importing, and 2. Certificate of indebtedness;
Uttering Such False or Forged Notes and Documents 3. National bank notes;
4. Coupons;
Forgery is the act of giving to a treasury or bank note or 5. Treasury notes;
any instrument payable to bearer or order the appearance 6. Fractional notes;
of a true and genuine document. 7. Certificates of deposit;
8. Bills;
Falsification is the act of erasing, substituting, 9. Checks;
counterfeiting or altering by any means the figures, letters, 10. Drafts for money;
words or signs contained therein. 11. Other representatives of value issued under any act
of Congress.
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A bank note, certificate or obligation and security is
payable to bearer when it can be negotiated by mere
delivery.
The instrument is payable to bearer when –
1. It is expressed to be so payable;
2. It is payable to a person named therein or bearer;
3. It is payable to the order of a fictitious or non-
existing person, and such fact was known to the
person making it so payable;
4. The name of the payee does not purport to be the
name of any person;
5. The only or last indorsement is an indorsement in
bank.
Forgery need not be with the connivance of forgers or
importers; but the importation and uttering must be with
such connivance.
Philippine National Bank checks are commercial
documents.
 Therefore NOT punishable by Art. 166 – but by
Art. 172 in connection with Art. 171.
The provisions of Art. 166 relative to U.S. obligations were
repealed upon the grant of independence to the
Philippines.
Art. 167 – Counterfeiting, Importing and Uttering
Instruments Not Payable to Bearer
ELEMENTS:
1. That there be an instrument payable to order or
other document of credit NOT payable to bearer;
2. Offender forged, imported or uttered such
instrument;
3. In case of uttering, he connived with the forger or
importer.
The subject matter of Art. 167 is an instrument payable to
order or other documents of credit not payable to
bearer.
The instrument is payable to order where it is drawn
payable to the order of a specified person or to him or his
order. It may be payable to the order of:
1. A payee who is NOT the maker, drawer, or
drawee;
2. The drawer or maker;
3. The drawee;
4. Two or more payees jointly;
5. One or some of several payees;
6. The holder of an office for the time being.
It is believed that instruments or other documents of credit
issued by a foreign government or bank is included in Art.
167.
Where the instrument is payable to order, the payee must
be named or otherwise indicated therein with reasonable
certainty.
Connivance is NOT required in uttering if the utterer is
the forger.
Art. 168 – Illegal Possession and Use of False
Treasury or Bank Notes and Other Instruments of
Credit
ELEMENTS:
1. That any treasury or bank note or certificate or
other obligation and security payable to bearer, or
any instrument payable to order or other document
of credit not payable to bearer is forged or falsified
by another person;
2. Offender knows that any of the said instruments is
forged or falsified;
3. He either used or possessed with intent to use any
of such forged or falsified instruments.
Possession must be coupled with intent to use.
 Mere possession of false money, WITHOUT intent
to use it to the damage of another, is NOT a crime.
 Such intent may be determined from the volume or
number of said notes and the acts of the accused
taken in connection therewith.
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The person from whom the tampered checks or counterfeit
notes was received is presumed to be the source of the
same if the source thereof cannot be identified.
The person in possession of a falsified instrument who used
the same and profited therefrom is presumed to be the
author.
Accused has the burden to give satisfactory explanation of
his possession of forged bills.
Art. 169 – How Forgery is Committed
Ways of Committing Forgery:
1. Giving to a treasury or bank note or any instrument
payable to bearer or to order mentioned, the
appearance of a true genuine document;
2. Erasing, substituting, counterfeiting or altering
by any means the figures, letters, words or signs
contained therein.
Forgery includes falsification and counterfeiting.
Forgery CANNOT be presumed.
 It must be proved by clear, positive and convincing
evidence.
RA 9105, the Art Forgery Act of 2001, provides for a
special form of forgery regarding prohibited acts
committed on works of art or fine arts, in order to protect
the nation’s cultural heritage, artistic creations and
resources.
Art. 170 – Falsification of Legislative Documents
Falsification of legislative documents may be committed by
any person, whether a private individual or a public officer.
ELEMENTS:
1. There be a bill, resolution or ordinance enacted or
approved or pending approval by either House of
the Legislature or any provincial board or
municipal council;
2. Offender alters the same;
3. He has NO proper authority therefor;
4. The alteration has changed the meaning of the
document.
Subject of Falsification Under Art. 170:
1. Bill;
2. Resolution;
3. Ordinance enacted, approved or pending approval.
The bill, resolution or ordinance must be genuine.
Falsification of legislative documents may be committed
only by an unauthorized alteration.
 May be committed only by altering, without
proper authority.
Art. 171 – Falsification of Public Officer, Employee
or Notary or Ecclesiastic Minister
The essence of falsification is the act of making
untruthful or false statements.
ELEMENTS:
1. Offender is a public officer, employee or notary
public;
2. He takes advantage of his official position;
3. He falsifies a document by committing:
a. Counterfeiting or imitating any
handwriting, signature or rubric;
b. Causing it to appear that the persons have
participated in any act or proceeding when
they did not in fact so participated;
c. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made by
them;
d. Making untruthful statements in a
narration of facts;
e. Altering true dates;
f. Making any alteration or intercalation in
a genuine document which changes its
meaning;
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g. Issuing in authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such copy a
statement contrary to, or different from,
that of the genuine original;
h. Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry or official book.
In falsification public or official documents, intent to gain
is NOT necessary.
A document is any written instrument by which a right is
established or an obligation extinguished.
 It is submitted however, that the term document is a
public or official document because the same has
to be read together with the phrase public officer,
employee or notary who, taking advantage of his
official position, shall falsify a document.
If a payroll is merely a draft, because it has not been
approved by the proper authority, it can prove nothing and
affirm nothing.
The document must be complete or at least it must have
the appearance of a true and genuine document.
In falsification by (1) making alteration or intercalation, or
(2) including in a copy a different statement, there must be
a genuine document that is falsified.
 In par. 6, 7 (2 clause), and 8 of Art. 171, the law
nd
requires that there be a genuine document.
 In the other paragraphs, falsification may be
committed by simulating or fabricating a
document.
The offender takes advantage of his official position in
falsifying a document when:
1. He has the duty to make or to prepare or
otherwise intervene in the preparation of the
document;
2. He has the official custody of the document which
he falsifies.
Counterfeiting or Imitating any Handwriting, Sign or
Rubric (par.1)
Two Ways of Committing:
1. Counterfeiting, which is imitating any
handwriting, signature or rubric;
2. Feigning, which is simulating a signature,
handwriting or rubric out of one which does not in
fact exist.
Elements:
1. Offender is a public officer, employee, or a notary
public;
2. He takes advantage of his official position;
3. He falsifies a document by counterfeiting or
imitating any handwriting, signature or rubric.
Mere drawing up of a false document is not sufficient to be
liable. The signature, handwriting or mark of another
person must be signed or made by the offender without
authority to do so.
In counterfeiting, an imitation of an original is necessary,
but it need not be perfect.
 What is necessary is (1) that there be an intent to
imitate, or an attempt to imitate, and (2) that the
two signatures or handwritings, the genuine and the
forged, bear some resemblance to each other.
The resemblance must be such that it is likely to deceive an
ordinary person receiving or dealing with the document.
If falsification is resorted to for the purpose of hiding the
malversation, the falsification and malversation are
separate offenses.
Causing it to Appear that Persons Have Participated in
an Act or a Proceeding (par.2)
The imitation of the signature of the offended party is NOT
necessary in par. 2.
Requisites of Par. 2:
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 Criminal Law 2
1. Offender caused it to appear in a document that a
person or persons participated in an act or a
proceeding;
2. Such person or persons did not in fact so
participate in the act or proceeding.
171(1) vs. 171(2)
Falsification committed in Art. 171(1) requires the
counterfeiting of any handwriting, signature or rubric
while the falsification in Art. 171(2) occurs when the
offender caused it to appear that a person participated in
an act or proceeding when in fact such person did not so
participate.
Attributing to Persons Who Have Participated in Any
Act or Proceeding Statements Other Than Those in
Fact Made by Them (par.3)
Requisites of Par. 3:
1. A person or persons participated in an act or a
proceeding;
2. Such person or persons made statements in that act
or proceeding;
3. Offender, in making a document, attributed to
such person or persons statements other than those
in fact made by such person or persons.
Making Untruthful Statements in a Narration of Facts
(par.4)
Elements:
1. Offender makes in a document statements in a
narration of facts;
2. Offender has a legal obligation to disclose the truth
of the facts narrated;
3. Facts narrated by the offender are absolutely false;
4. Perversion of truth in the narration of facts was
made with the wrongful intent of injuring a third
person.
The word statements refer to statements made in a
document and NOT oral recitations of facts.
The statement must be absolutely false, that is, there exist
not even an iota of colorable truth in what is declared in
the narration of facts.
Legal obligation means that there is a law requiring the
disclosure of the truth of the facts narrated.
False narration for not revealing a certain fact is NOT
punishable if there is no legal obligation to disclose the
truth.
In Art. 171(2) and Art. 171(4), there must be the wrongful
intent to injure a third person.
 Wrongful intent NOT essential when the document
falsified is public document.
A narration of facts is merely an account or description of
the particulars of an event or occurrence.
Good faith is a defense in falsification of public
documents by making untruthful statements in a narration
of facts.
NO violation of Art. 171(4) if the correction is made to
speak the truth.
Art. 171(4) DOES NOT apply when the purpose is merely
to correct a clerical mistake in unessential details.
It likewise DOES NOT apply to a conclusion of law.
A conclusion of law is a determination by a judge or
ruling authority regarding the law that applies in a
particular case. It is opposed to a finding of fact, which
interprets the factual circumstances to which the law is to
be applied.
 A narration of facts is merely an account or
description of the particulars of an event or
occurrence.
Altering True Dates (par.5)
The date altered must be essential.
 The alteration of the date in the document must
affect either the veracity of the document or the
effects thereof.
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 Criminal Law 2
Altering dates in official receipts to prevent the discovery
of malversation is falsification.
Making Any Alteration or Intercalation in a Genuine
Document Which Changes Its Meaning (par.6)
Elements:
1. There be an alteration (change) or intercalation
(insertion) on a document;
2. It was made on a genuine document;
3. The alteration or intercalation has changed the
meaning of the document;
4. The change made to the document speak something
false.
There is NO violation if the intercalation was meaningless
or purposeless.
 Alteration must affect the integrity or change the
effects of the document.
Alteration which speaks the truth is NOT falsification.
Issuing in Authenticated Form a Document Purporting
to be a Copy of an Original Document When No Such
Original Exists, or Including in Such a Copy a
Statement Contrary to, or Different From, That of a
Genuine Original (par.7)
These acts of falsification CANNOT be committed by a
private individual, or by a notary public or public officer
who does not take advantage of his official position.
 Authentication can be made only by the custodian
or the one who prepared and retained a copy of the
original document.
---
The general distinction between simple forgery and
falsification may be drawn from the subject matter and
modes of commission:
 The objects of forgery are bank notes, obligations
and securities; while those of falsification are the
different types of documents in law.
 Forgery is committed in 5 ways stated in Art. 169;
while falsification is committed in 8 ways
provided in Art. 171.
Art. 171 can only be committed by an ecclesiastical
minister who commits any of the acts of falsification under
Art. 171 with respect to any record or document of such
character that its falsification affect the civil status of
persons.
Art. 172 – Falsification by Private Individuals and
Use of Falsified Documents
Ways of Committing Art. 172:
1. Committing any of the falsifications enumerated in
Art. 171 in any public or official document, letter
of exchange or any other kind of commercial
document.
 This may be committed by a private
individual.
2. Committing any of the falsifications enumerated in
Art. 171 in any private document to the damage of
a third party or with the intent to cause such
damage.
 This may be committed by any person.
3. Knowingly introducing in evidence in any judicial
proceeding any of the false documents embraced in
Arts. 171 or 172.
Documents Which may be the Subject of Falsification
Under Art. 172:
1. Public document;
2. Official document;
3. Letter of exchange;
4. Any other kind of commercial document;
5. Private document.
The offender under Art. 172 must be a private individual or
may be a public officer, employee or notary public who
does not take advantage of his official position.
Falsification Under Par. 1
Elements:
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 Criminal Law 2
1. Offender is a private individual or a public officer
or employee who did not take advantage of his
official position;
2. He committed any of the falsification under Art.
171;
3. Falsification was committed in a public or official
or commercial document.
A public document is a document created, executed or
issued by a public official in response to the exigencies of
the public service or in the execution of which a public
official intervened.
An official document is one which is issued by a public
official in the exercise of the functions of his office.
 An official document is also a public document.
A commercial document is any document defined and
regulated by the Code of Commerce or any other
commercial law.
 They are documents used by merchants or
businessmen to promote or facilitate trade.
A private document is a deed or instrument executed by a
private person without the intervention of a notary public
or other person legally authorized.
A deed acknowledged before a notary public is a public
document.
When a private document becomes part of an official
record and is certified by a public officer authorized by
law, it becomes a public document.
In Art. 172, par. 1, damage or intent to cause damage is
NOT necessary.
Mere blank form of an official document is NOT in itself a
document.
Falsification Under Par. 2
Elements:
1. Offender committed any of the falsification,
except those in par. 7, enumerated under Art.
171;
2. Falsification was committed in any private
document;
3. Falsification caused damage to a third party or at
least the falsification was committed with intent to
cause such damage.
Mere falsification of private documents is NOT enough.
1. He must have counterfeited the false document;
2. He must have performed an independent act which
operates to the prejudice of a third person.
Damage or intent to cause damage is an essential element
of falsification of a private document.
The nature of the damage is immaterial.
 Damage to one’s honor is included.
If a private document is falsified to conceal the
misappropriation of the money or other personal property
which has been in the possession of the offender, the crime
committed is estafa with abuse of confidence.
There is falsification through reckless imprudence.
While there is NO falsification of private documents
through reckless imprudence.
 Since in falsification of private documents, there is
at least intent to cause damage.
If a document is intended by law to be part of the public
or official record, the preparation of which being in
accordance with the rules and regulations issued by the
Government, the falsification of that document, although it
was private at the time of its falsification, is regarded as
falsification of a public or official document.
There may be frustrated crime of falsification, if the
falsification is imperfect.
Falsification is NOT a continuing offense and is
consummated when the document is actually falsified,
regardless of whether or not it was thereafter put to illegal
use.
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Falsification by private individuals of public documents 1. Offender knew that a document was falsified by
vs. Falsification by private individuals of private another person;
documents 2. The false document is embraced in Arts. 172 or
172;
3. He introduced said document in evidence in any
Falsification by Falsification by
judicial proceeding.
private individuals of private individuals of
public documents private documents
Damage is NOT necessary in this mode.
This is committed by This is committed not
mere performance of only by the Elements using a falsified document in an act or
any of the acts of performance of any of transaction not judicial in character:
falsification the acts of falsification
enumerated in Art. enumerated in Art. 1. Offender knew that a document was falsified by
171. 171. another person;
2. False document is embraced in Arts. 171 or 172;
Damage to a third but it must likewise be 3. He used such document (not in a judicial
person or intent to shown that such act of proceeding);
cause damage is not falsification was 4. Use of the false document caused damage to
necessary. committed to the another or at least it was used with the intent to
damage of a third cause such damage
person or with intent
to cause such damage. This mode requires at least an intent to cause damage.
Intent to cause damage is NOT an essential element of Use of false document is NOT necessarily included in the
falsification of a commercial document. crime of falsification.
One who is in possession of a falsified document, used it, The user of the falsified document is deemed the author of
took advantage of it, and profited thereby is presumed to the falsification, if (1) the use was so closely connected in
be the forger. time with the falsification, and (2) the user had the
capacity of falsifying the document.
Use of Falsified Documents (par.3)

Two ways of committing:

1. Knowingly introducing evidence in any judicial Art. 173 – Falsification of Wireless, Cable,
proceeding a false document embraced under Arts. Telegraph and Telephone Messages, and Use of Said
171 or 172. Falsified Messages
 Damage or intent to cause damage is NOT
necessary. Arts. 173, 174 and 175 all punish acts of falsification – but
2. Using in any proceeding or transaction, not with specific subjects punishable.
judicial in nature, any false document embraced
This felony may be committed by an officer or employee of
under Arts. 171 or 172.
a government or private corporation or concern engaged in
 Damage or intent to cause damage is
the service of sending or receiving wireless, cable or
necessary.
telephone messages.
Elements of introduction of falsified document in a
Ways of Committing:
judicial proceeding:

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1. Uttering a fictitious wireless, telegraph or
telephone message;
2. Falsifying a wireless, telegraph or telephone
message;
3. Using such falsified dispatch to the prejudice of a
third party or with intent to cause such prejudice.
Uttering Fictitious Message or Falsifying the Same (par.
1)
Elements:
1. Offender is an officer or employee of the
Government or an officer or employee of a private
corporation, engaged in the service of selling or
receiving wireless, cable or telephone message;
2. Offender commits any of the following acts:
a. Uttering fictitious wireless, cable,
telegraph or telephone message;
b. Falsifying wireless, cable, telegraph or
telephone message.
The public officer, to be liable, must be engaged in the
service of sending or receiving wireless, cable, telegraph
or telephone message.
Use of Said Falsified Messages (par. 2)
Elements:
1. Accused knew that wireless, cable, telegraph, or
telephone message was falsified by any of the
persons specified in Art. 173(1);
2. Accused used such falsified dispatch;
3. The use of the falsified dispatch resulted in the
prejudice of a third party, or that the use was with
intent to cause such prejudice.
In this mode, it is NOT necessary that the offender is
connected with the Government or corporation engaged in
the service of selling or receiving wireless, cable or
telephone messages.
Act No. 1851, Sec. 4 punishes private individuals who
forge or alter telegram.
Art. 174 – False Medical Certificates, False
Certificates of Merit or Service, etc.
Persons Liable:
1. Any physician or surgeon who, in connection with
the practice of his profession, shall issue a false
certificate;
2. Any public officer who shall issue a false
certificate of merit or service, good conduct or
similar circumstances;
3. A private individual who shall falsify certificate
mentioned in par. 1 and 2.
A certificate is any writing by which testimony is given
that a fact has or has not taken place.
Persons Liable:
1. Physician or surgeon who, in connection with the
practice of his profession, issued a false certificate
(must refer to the illness or injury of a person);
2. Public officer who issued a false certificate of
merit or service, good conduct or similar
circumstances.
3. Private individual who falsified a certificate
falling in the classes mentioned in Nos. 1 and 2.
Certificate of residence for voting purposes is certificate of
“similar circumstances.”
Art. 175 – Using False Certificates
The act punishable under Art. 175 is knowingly using any
of the false certificate mentioned in Art. 174.
Elements:
1. A physician or surgeon has issued a false medical
certificate, or a public officer had issued a false
certificate of merit or service, good conduct, or
similar circumstances, or a private person had
falsified any of said certificates;
2. Offender knew that the certificate was false;
3. He used the same.
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Art. 176 – Manufacturing and Possession of
Instruments or Implements of Falsification
Ways of Committing:
1. Making stamps, dies, marks, or other instruments
or implements intended to be used in the crime of
counterfeiting or falsification in Chapter 1, Title 4,
Book 2 of the RPC.
2. Introducing into the Philippines instruments or
implements intended to be used in the commission
of the crimes of counterfeiting or falsification
mentioned in the preceding sections of this chapter.
3. Possession of the instruments or implements
mentioned in the preceding paragraph with the
intention to use them.
 The implements confiscated need not
form a complete set.
Art. 165 and 175 also punish constructive possession.
Art. 177 – Usurpation of Authority or Official
Function
Acts Punishable:
1. Knowingly and falsely representing himself to be
an officer, agent or representative of any
department of the Philippine Government or of any
foreign government (Usurpation of Authority);
 The mere act of knowingly and falsely
representing oneself to be an officer is
sufficient.
2. Who, under pretense of official position, performs
any act pertaining to any person in authority or
public officer of the Philippine Government or any
foreign government or any agency thereof, without
being lawfully entitled to do so (Usurpation of
Official Functions).
 It is essential that the offender should have
performed an act pertaining to a person in
authority or public officer, in addition to
other requirements.
There must be clear showing of usurpation of official
functions.
 There must be a positive, express and explicit
representation.
Usurpation of authority or official functions may be
committed by any person.
Pretense of official position may be shown by words or
acts of the offender.
This felony may be violated by public officers.
 Public officers who unlawfully assumes a public
position WITHOUT color of law.
Sec. 1 of RA 75 provides for the liability of any person
who usurps the authority of a diplomatic, consular or other
official of a foreign government.
 The penalty provided is in addition to the penalties
that may be imposed under the RPC.
 Offender must have the intent to defraud either
government.
The act performed, without the offender being lawfully
entitled to do so, must pertain (1) to the Government, or
(2) to any person in authority, or (3) to any public
officer.
A person accused of usurpation of authority could invoke
good faith in assuming a public office.
Art. 178 – Using Fictitious Name and Concealing
True Name
Acts Punishable:
1. Publicly using a fictitious name for the purpose of
concealing a crime, evading the execution of a
judgment or causing damage;
2. Concealing true name and other personal
circumstances.
1. Public Use of a Fictitious Name
Elements:
1. Offender uses a name other than his real name;
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2. He uses that fictitious name publicly;
3. Purpose of the offender is –
a. To conceal a crime;
b. Evade the execution of a judgment;
c. Cause damage to public interest.
A name is considered fictitious when it is not the true
name of a person by which he is properly identified or a
name which applies to himself without authority of law.
Publicly means manifestly and ostensibly such as using the
fictitious name in a public or official proceeding.
If the damage is against private interest, the crime will be
estafa through the use of fictitious name (Art. 315(2)
[a]).
Signing fictitious name in an application for passport is
publicly using such fictitious name.
A person who takes the place of a convict will be
liable for delivering a prisoner from jail (Art.
156) and the use of fictitious names for that
purpose may be absorbed.
The convict who was replaced will be guilty of
evasion of service of sentence (Art. 157) but NOT
for the use of fictitious name – he may not have
used a different name.
In both instances, use of a fictitious name may be
complexed with delivery of that prisoner as the
necessary means therefor, OR these offenses may
be punished separately depending on the actual
facts of the case.
2. Concealing True Name and Other Personal
Circumstances
Elements:
1. Offender conceals –
a. His true name; and
b. All other personal circumstances;
2. Purpose is only to conceal his identity.
The 2nd manner of committing a violation of Art. 179 is by
concealing true name and other personal circumstances.
The purpose of such concealment is to conceal a person’s
identity.
RA 6085 – Use of Aliases
It is unlawful to use any name different from the one with
which he was registered at birth in the office of the local
civil registry, or with which he was registered in the bureau
of immigration upon entry.
Exceptions:
1. Pseudonym solely for literary, cinema, television or
other entertainment purposes;
2. In athletic events where the use of pseudonym is a
normally accepted practice.
Intent to publicly use the alias is an element.
 To be public, the use must be made openly, or in
an open place or manner or to cause to be known
publicly.
Art. 179 – Illegal Use of Uniforms or Insignia
ELEMENTS OF ILLEGAL USE OF UNIFORMS OR
INSIGNIA
1. Offender makes use of insignia, uniform or dress;
2. The insignia, uniform or dress pertains to an office
NOT held by the offender or to a class of persons
of which he is NOT a member;
3. Said insignia, uniform or dress is used publicly and
improperly.
What is punished in Art. 179 is the public and improper use
of insignia, uniform or dress pertaining to an office neither
held by the accused nor to the class of persons of which the
accused is not a member.
Wearing the uniform of an imaginary office is NOT
punishable.
An exact imitation of the uniform is NOT necessary.
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 Criminal Law 2
 A colorable resemblance calculated to deceive the
common run of people is sufficient.
The offense includes the unlawful use of the ecclesiastical
habit of a religious order.
Wearing or using an insignia, badge or emblem of rank of
the members of the AFP or the Philippine Constabulary is
punished by RA 493.
Illegal use or use or unauthorized wearing of uniform,
decoration or regalia of a foreign state is punishable (Sec.
3, RA 75).
EO 297 makes it illegal to manufacture, sell, distribute
and use PNP uniforms, insiginias and other
accourtrements.
Art. 180 – False Testimony Against a Defendant
ELEMENTS OF FALSE TESTIMONY AGAINST A
DEFENDANT
1. There be a criminal proceeding;
2. Offender testifies falsely under oath against the
defendant therein;
3. Offender who gives false testimony knows that it is
false;
4. Defendant against whom the false testimony is
given is either acquitted or convicted in a final
judgment.
Giving false testimony against a defendant is the act
punishable under Art. 180.
The prosecution must be for a felony committed, NOT for
an offense punished under a special law.
 If it is for a special law, Art. 183 (Perjury) will
apply.
 If the special law provides for a penalty taken from
the Code, Art. 180 applies.
If the accused was punished with a light felony other than a
fine, the person who gave the false testimony is liable
under Art. 183.
The complainant must wait for the finality of judgment
in the case where the false testimony was given.
 Because the penalty for the violation of Art. 180
depends upon the penalty imposed by the court in
the judgment of conviction in the case where the
false testimony was given.
The witness who gave false testimony is liable even if his
testimony was not considered by the court.
 As long as the declarant gave that testimony with
the intent to bring about his conviction.
Art. 181 – False Testimony Favorable to the
Defendant
Giving false testimony favorable to the defendant in a
criminal case is punishable under Art. 181.
False testimony by negative statement is in favor of
defendant.
The false testimony NEED NOT benefit the defendant.
 It is sufficient that the false testimony was given
with intent to favor the defendant.
Final judgment in a principal case is NOT necessary.
The right of the accused to testify in his own behalf is NOT
a valid defense.
 It is however submitted that mere denial or
disputing of the commission of the crime or his
participation DOES NOT hold him liable under
Art. 181.
 Accused is liable if he testifies in his favor by
falsely imputing the crime to another.
Rectification made spontaneously after realizing the
mistake is NOT false testimony.
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 Criminal Law 2
Art. 182 – False Testimony in Civil Cases
ELEMENTS OF FALSE TESTIMONY IN CIVIL
CASES
1. Testimony must be given in a civil case;
2. Testimony must relate to the issues presented in the
case;
3. Testimony is false;
4. False testimony must be given by the defendant
knowing the same to be false;
5. Such testimony must be malicious and given with
an intent to affect the issues presented in the case.
The criminal action for false testimony must be
suspended, pending determination of the falsity made by
the accused in the civil case.
A civil action is one by which a party sues another for the
enforcement or protection of a right, or the prevention or
redress of a wrong.
Art. 182 DOES NOT apply to special proceedings.
Special proceedings has been defined to be a remedy by
which a party seeks to establish a status, a right, or a
particular fact.
 If the false testimony is given in a special
proceeding – the same shall constitute the crime of
perjury (Art. 183).
Special Proceedings:
a. Settlement of estate of deceased persons;
b. Escheat;
c. Guardianship and custody of children;
d. Trustees;
e. Adoption;
f. Rescission and revocation of adoption;
g. Hospitalization of insane persons;
h. Habeas Corpus;
i. Change of name;
j. Voluntary dissolution of corporations;
k. Judicial approval of voluntary recognition of minor
natural children;
l. Constitution of family home;
m. Declaration of absence and death;
n. Cancellation or correction of entries in the civil
registry.
Art. 183 – False Testimony in Other Cases and
Perjury in Solemn Affirmation
False testimony is committed in judicial proceedings and
the statement given by the witness is NOT required by law;
perjury DOES NOT take place in judicial proceedings but
the statement given by the declarant is required by law.
Perjury is the willful and corrupt assertion of a falsehood
under oath or affirmation administered by authority of law
on a material matter; and statement is required by law.
Perjury is committed by any person who, knowingly makes
untruthful statements and not being included in the
provisions of the next preceding articles, shall testify
under oath, or make an affidavit, upon any material
matter before a competent person authorized to administer
an oath in cases in which the law so requires.
Acts Punishable in Perjury:
a. Falsely testifying under oath in a proceeding other
than a criminal or civil case;
b. Making false affidavit before a person authorized
to administer an oath on any material matter where
the law requires an oath.
ELEMENTS OF PERJURY
a. Accused made a statement under oath or
executed an affidavit upon a material matter;
b. Statement or affidavit was made before a
competent officer, authorized to receive and
administer oaths;
c. In the statement or affidavit, accused made a
willful and deliberate assertion of a falsehood;
d. Sworn statement or affidavit containing the falsity
is required by law or made for a legal purpose.
Good faith or lack of malice is a defense.
The assertion of falsehood must be deliberate and willful.
 Mere assertion of a false objective fact, a
falsehood, is NOT enough.
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The purpose of the rule on perjury is to avert the
prevalence of corrupt assertion of a falsehood, under oath
or affirmation, which constitutes an imposition upon the
court and seriously exposes it to a miscarriage of justice.
An oath is any form of attestation by which a person
signifies that he is bound by conscience to perform an act
faithfully and truthfully.
An affidavit is a sworn statement in writing; a declaration
in writing, made upon oath before an authorized magistrate
or officer.
A false affidavit to a criminal complaint may give rise to
perjury.
A material matter is the main fact which is the subject of
the inquiry or any fact or circumstance which tends to
prove that fact, or any fact or circumstance which tends to
corroborate or strengthen the testimony relative to the
subject inquiry, or which legitimately affects the credit of
any witness who testifies.
 Fact which has an effect on the outcome of the
proceeding for which the statement is being
executed.
A matter is material when it is directed to prove a fact
in issue.
It is “relevant” when it tends in any reasonable degree
to establish probability or improbability of a fact in
issue.
It is “pertinent” when it concerns collateral matters
which make or less probable the proposition at issue.
A competent person authorized to administer oath is a
person who has a right to inquire into the questions
presented to him upon matters under his jurisdiction.
The assertion of falsehood must be willful and deliberate.
Knowledge by the accused of the falsity may be proved by
his admission or by circumstantial evidence.
Contradictory sworn statements or conflicting affidavits are
NOT sufficient proof of perjury.
 Prosecution must prove which of the two
statements is false.
Art 183 is committed at the time the affiant subscribes and
swears to his or her affidavit since it is at that time that all
the elements of the crime of perjury are executed.
 If committed through false testimony under oath in
a proceeding that is neither criminal nor civil, the
venue is at the place where the testimony under
oath is given.
 If in a written sworn statement, venue may either
be at the place where the sworn statement is
submitted or where the oath was taken.
There is NO perjury if:
1. Sworn statement or affidavit DOES NOT refer to a
material matter;
2. Sworn statement or affidavit was subscribed and
sworn to before a clerk of the treasurer’s office.
It is NOT necessary that the proceeding in which the
perjury was committed be first terminated before
prosecution can be commenced. If all of the elements of the
crime were already present, withdrawal of his petition
(amounting to perjury) does not extinguish culpability for
perjury.
“In cases in which the law so requires” should read “in
cases in which the law so authorizes.”
 The latest ruling is that the statement or pleading
must be one that is required by law or the Rules
to be under oath.
If the declarant merely refused to answer, the solutions
based on Philippine law are:
1. If refusal was made before a legislative body –
disobedience under Art. 150, plus contempt;
2. If in a judicial body – direct contempt (Rule 71);
3. If in other administrative or deliberative bodies –
contempt if that body is vested with contempt
powers;
There is NO crime of subordination of perjury.
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 If the a person is procured to commit perjury, the
person who procured another would be criminally
liable as a principal by inducement in the crime
of perjury and the person procured or induced shall
be liable as a principal by direct participation.
Art. 184 – Offering False Testimony in Evidence
This felony is committed by any person who shall
knowingly offer in evidence a false witness or testimony
in any judicial or official proceeding.
ELEMENTS OF OFFERING FALSE TESTIMONY IN
EVIDENCE
1. Offender offered in evidence a false witness or
false testimony;
2. He knew the witness or the testimony was false;
3. The offer was made in a judicial or official
proceeding.
Art. 184 applies when the offender does not induce a
witness to testify falsely.
 Offender merely presented him knowing that he is a
false witness.
Art. 184 punishes the offense of offering false testimony in
a judicial or official proceeding. If what is offered in a
judicial proceeding is a falsified document, the crime false
under the last paragraph of Art. 172.
Art. 185 – Machinations in Public Auctions
Ways of Committing:
1. Soliciting a gift or a promise as a consideration
for refraining from taking part in any public
auction;
2. Attempting to cause bidders to stay away from an
auction by threats, gifts, promises, or any other
artifice, with intent to cause the reduction of the
price of the thing auctioned.
Elements of Soliciting Gift or Promise (1st mode):
1. There be a public auction;
2. Accused solicited any gift or a promise from any
of the bidders;
3. Such gift or promise was the consideration for his
refraining from taking part in that public auction;
4. Accused had the intent to cause the reduction of
the price of the thing auctioned.
It is NOT required that the person making the proposal
actually refrains from taking part in any public auction.
 It is consummated by mere solicitation.
Elements of Attempting to Cause Bidders to Stay Away
(2nd mode):
1. There is a public auction;
2. Accused attempted to cause bidders to stay away
from that public auction;
3. It was done by threats, gifts, promises or any other
artifice;
4. He had the intent to cause the reduction of the
price of the thing auctioned.
Bidders may be caused to stay away by tricks.
 This is considered other artifice.
The threat need not be effective nor the offer or gift
accepted for the crime to arise.
Art. 186 – Monopolies and Combinations in
Restraint of Trade
Acts Punishable:
1. Entering into any contract or agreement or taking
part in any conspiracy or combination in the for of
a trust or otherwise, in restraint of trade or
commerce or to prevent by artificial means free
competition in the market;
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 Criminal Law 2
2. Monopolizing any merchandise or object of trade
or commerce, or combining with any other person
to monopolize such merchandise or object of
commerce in order to alter the price thereof by
spreading false rumors or making use of any other
artifice to restrain free competition in the market;
3. Acts of any manufacturer, producer, processor or
importer of any merchandise or object of trade or
commerce combining, conspiring or agreeing
among themselves or with other persons not so
similarly engaged, for the purpose of making
transactions prejudicial to lawful commerce, or of
increasing the market price in any part of the
Philippines of such merchandise or object of trade
or commerce.
The penalty for violation of Art. 186 is higher when the
monopoly or combination affects food, substances, motor
fuel, lubricants or other articles of prime necessity.
 If the offense affects these, it is sufficient that
initial steps have been taken toward carrying out
the purposes of combination.
Mere conspiracy or combination is punished.
The Constitution prohibits combination in restraint of
trade or unfair competition.
A monopoly embraces any combination the tendency of
which is to prevent competition or to control prices to the
detriment of the public.
 It is the concentration of business in the hands of a
few.
RA 7581 declares in unlawful for any person habitually
engaged in the production, manufacture, importation,
storage, transport, distribution, sale or other methods of
disposition of goods to engage in hoarding, profiteering,
and cartel.
Art. 187 – Importation and Disposition of Falsely
Marked Articles or Merchandise Made of Gold, Silver
or Other Precious Metals or Their Alloys
The merchandise subject of importation or disposition
under Art. 187 are those made of gold, silver, other
precious metals or their alloys, with stamps, brands or
marks which fail to indicate their actual fineness or quality.
ELEMENTS:
1. Offender imports, sells or disposes of any of those
articles or merchandise;
2. That the stamps, brands, or marks of those articles
of merchandise fail to indicate the actual fineness
or quality of said metals or alloys;
3. Offender knows that the stamps, brands, or marks
fail to indicate the actual fineness or quality of the
metals or alloys.
RA 8293 – Intellectual Property Code
Scope of RA 8293:
1. Infringement (Sec. 155.1)
2. Unfair Competition (Sec. 168)
3. False Designations of Origin; False Description
or Representation (Sec. 169)
Mark means any visible sign capable of distinguishing the
goods or services of an enterprise and shall include a
stamped or marked container of goods.
Collective mark means any visible sign designated as such
in the application for registration and capable of
distinguishing the origin or any other common
characteristic, including the quality of goods or services of
different enterprises which use the sign under the control of
the registered owner of the collective mark.
Trade name means the name or designation identifying or
distinguishing an enterprise.
Rights in a mark are acquired through registration.
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 Criminal Law 2

RA 9165 – The Comprehensive Any person charged with violating this Act SHALL NOT
be allowed to avail of the provisions of plea-bargaining
Dangerous Drugs of 2002 (Sec. 23).
The RPC DOES NOT apply to RA 9165, except in the case Outline of Punishable Acts Under RA 9165
of minor offenders.

 Where the offender is a minor, the penalty for acts Dangerous Drugs Controlled Precursor
punishable by life imprisonment to death shall be and Essential
Chemicals
reclusion perpetua to death (Sec. 98)
1. Importation 1. Importation
Violations of RA 9165 by minors are now governed by the
provisions of RA 9344 (Juvenile Justice and Welfare This includes attempt or This includes attempt or
Act). conspiracy (Sec. 26[a]). conspiracy (Sec. 26[a]).

 The privileged mitigating circumstance of minority The persons liable are: The persons liable:
can now be appreciated in fixing the penalty that
a. Importer; a. Importer;
should be imposed. b. Organizer; b. Organizer;
c. Manager; c. Manager;
RA 9165 is malum prohibitum. d. Financier; d. Financier;
e. Protector or e. Protector or
Under RA 9165, there is NO distinction between regulated Coddler. Coddler.
and prohibited drugs.
2. Sale, trading, 2. Sale, trading,
Any attempt or conspiracy to commit some specified administration, administration,
dispensation, delivery, dispensation, delivery,
unlawful acts shall be penalized with the same penalty
distribution, distribution,
imposed on the latter. transportation or transportation or
dispatch in transit. This dispatch in transit. This
Financer is any person who pays for, raises or supplies includes attempt or includes attempt or
money, or underwrites any of the illegal activities under conspiracy. conspiracy.
this Act.
A. The persons liable A. The persons liable
Protector/Coddler is any person who knowingly and are: are:
a. The person a. The person
willfully consents to the unlawful acts provided for in this selling, trading, selling, trading,
Act and uses his/her influence, power, position in shielding, administering, administering,
harboring, screening or facilitating the escape of any person dispensing, dispensing,
he/she knows, or has reasonable grounds to believe on or delivering, delivering,
suspects, has violated the provisions of this Act in order to distributing, distributing,
transporting or transporting or
prevent the arrest, prosecution and conviction of the
dispatching in dispatching in
violator. transit; transit;
b. Broker; b. Broker;
Pusher is any person who sells, trades, administers, c. Organizer; c. Organizer;
dispenses, delivers or gives away to another, on any terms d. Manager; d. Manager;
whatsoever or distributes, dispatches in transit or e. Financier; e. Financier;
transports dangerous drugs or who acts as a broker in any f. Protector or f. Protector or
Coddler. Coddler.
of such transactions, in violation of this Act.
B. Maximum penalty B. Maximum penalty
imposed if: imposed if:
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 Criminal Law 2
a. A minor or a. A minor or
mentally mentally proximate cause provided the use
incapacitated incapacitated of death of the shall be
persons are used persons are used person using the intentional (Sec.
as couriers, as couriers, same. 6).
runners or runners or
messengers; messengers; C. Escheat.
b. Victim is a b. Victim is a
minor or minor or a. The place shall
mentally mentally be escheated or
incapacitated incapacitated forfeited in
person; person; favor of the
c. Proximate cause c. Proximate cause government and
of death of a of death of a the owner shall
victim is victim is be included as
dangerous controlled an accused,
drugs; precursors or provided the use
d. It is committed essential shall be
within chemicals; intentional (Sec.
100meters from d. It is committed 6).
the school. within
100meters from 4. Employment at or 4. Employment at or
the school. visiting a den, dive or visiting a den, dive or
resort for dangerous resort for controlled
3. Maintenance of a 3. Maintenance of a drugs provided that the precursors or essential
den, dive or resort where den, dive or resort where offender is aware of the chemicals provided that
dangerous drugs are controlled precursors or nature of the place and the offender is aware of
used. This includes essential chemicals are knowingly visits the same the nature of the place
attempt or conspiracy used. This includes (Sec. 7). and knowingly visits the
(Sec. 26[c]). attempt or conspiracy same (Sec. 7).
(Sec. 26[c]).
A. The persons liable 5. Illegal Manufacture. 5. Illegal Manufacture.
are: A. The persons liable This includes attempt or This includes attempt or
are: conspiracy (Sec. 26[d]). conspiracy (Sec. 26[d]).
a. The person
maintaining the a. The person A. The persons liable A. The persons liable
den, dive or maintaining the are: are:
resort; den, dive or
b. Organizer; resort; a. Manufacturer; a. Manufacturer;
c. Manager; b. Organizer; b. Organizer; b. Organizer;
d. Financier; c. Manager; c. Manager; c. Manager;
d. Financier; d. Financier; d. Financier;
e. Protector or
e. Protector or e. Protector or e. Protector or
Coddler.
Coddler. Coddler. Coddler.
B. Maximum penalty if:
B. Escheat. B. Aggravating if: B. Aggravating if:
a. Dangerous
a. The place shall a. Done in the a. Done in the
drugs are sold
be escheated or presence or with presence or with
or administered
forfeited in the help of the help of
to a minor
favor of the minors; minors;
allowed to use
government and b. Done within b. Done within
the same in such
the owner shall 100meters of a 100meters of a
a place;
be included as residential, residential,
b. Dangerous
an accused, business, church business, church
drugs are the
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 Criminal Law 2

or school or school apparatus and other

premises; premises; paraphernalia intended
c. Clandestine c. Clandestine for smoking, consuming,
laboratory was laboratory was administering, injecting,
protected with protected with ingesting or introducing
booby traps; booby traps; into the human body.
d. Clandestine d. Clandestine
laboratory is laboratory is A. Presumption.
concealed with concealed with
legitimate legitimate Possession of such
business business equipment, instrument,
operation; operation; apparatus and other
e. If there is an e. If there is an paraphernalia intended
employment of employment of for any purpose above
a practitioner, a practitioner, shall be prima facie
chemical chemical evidence that the
engineer, public engineer, public possessor has smoked,
official or official or consumed, administered,
foreigner (Sec. foreigner (Sec. injected, ingested or used
8). 8). a dangerous drug and
shall be presumed to
C. Presumption. have violated Sec. 15
(Use of dangerous drugs)
The presence of (Sec. 12).
controlled precursors or
essential chemicals or 9. Possession of
laboratory equipment in dangerous drugs during
the clandestine parties, social gatherings
laboratory is prima facie or meetings or in the
proof of manufacture of proximate company of at
dangerous drugs (Sec. 8). least two persons (Sec.
13).
6. Illegal chemical
diversion (Sec. 9). 10. Possession of
equipment, instrument,
6. Manufacture or 7. Manufacture or apparatus and other
delivery of equipment, delivery of equipment, paraphernalia for
instrument, apparatus instrument, apparatus dangerous drugs during
and other paraphernalia. and other paraphernalia parties, social gatherings
(Sec. 10). or meetings or in the
A. Maximum penalty if: proximate company of at
least two persons (Sec.
a. A minor is used 14).
to deliver;
b. A mentally 11. Use of dangerous
incapacitated drugs.
person is used
to deliver (Sec. A. First offense –
10). 6months in a
rehabilitation center;
7. Possession (Sec. 11).
Second offense – 6years
8. Possession of and 1day to 12years of
equipment, instrument, imprisonment (Sec. 15).

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12. Cultivation or or material contributions

culture of plants from persons found
classified as dangerous guilty of trafficking of
drugs or sources thereof. dangerous drugs
This includes attempt or (Applies only to public
conspiracy. officials) (Sec. 27[2]).

A. The persons liable 19. Planting dangerous 10. Planting controlled

are: drugs as evidence (Sec. precursors and essential
29). chemicals as evidence
a. The person (Sec. 29).
cultivating or
culturing the 20. Consenting or
plant; knowingly tolerating
b. Organizer; any violation of this Act
c. Manager; (Applies only to officers
d. Financier; of juridical entities, he
e. Protector or shall be liable as co-
Coddler. principal)(Sec. 30[1]).

13. Failure to maintain 8. Failure to maintain 21. Knowingly 11. Knowingly

and keep records of and keep records of consenting to, tolerating consenting to, tolerating
transactions of dangerous transactions of controlled or authorizing the use of or authorizing the use of
drugs (Sec. 17). precursors and essential a vehicle, vessel, aircraft, a vehicle, vessel, aircraft,
chemicals (Sec. 17). equipment or other equipment or other
facility as an instrument facility as an instrument
14. Unnecessary of importation, sale, of importation, sale,
Prescription (Sec. 18). trade, administration, trade, administration,
dispensation, delivery, dispensation, delivery,
15. Unlawful distribution, distribution,
prescription (Sec. 19). transportation, transportation,
manufacture, or chemical manufacture, or chemical
16. Misappropriation, 9. Misappropriation, diversion, if the same is diversion, if the same is
misapplication or misapplication or owned by or under owned by or under
failure to account for failure to account for supervision of the supervision of the
seized, confiscated or seized, confiscated or officers of the juridical officers of the juridical
surrendered dangerous surrendered controlled entity (Sec. 30[2]). entity (Sec. 30[2]).
drugs, plants which are precursors and essential
sources of drugs, chemicals, instruments, 22. Violating any rule of 12. Violating any rule of
instruments, paraphernalia or regulation issued by the regulation issued by the
paraphernalia or laboratory equipment, Dangerous Drugs Board Dangerous Drugs Board
laboratory equipment, including proceeds or (Sec. 32). (Sec. 32).
including proceeds or properties obtained from
properties obtained from the unlawful acts 23. Issuance of a false or
the unlawful acts committed (Sec. 27[1]). fraudulent dangerous
committed (Sec. 27[1]). drugs test result (Sec.
37).
17. Benefiting from the
proceeds of trafficking of 24. Violating the
dangerous drugs confidentiality rule on
(Applies only to public records of drug
officials) (Sec. 27[2]).1 dependents under the
voluntary submission
18. Receiving financial program (Sec. 72).
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 Criminal Law 2
25. Failure or refusal to 13. Failure or refusal to
appear as a witness for appear as a witness for
any violation of RA 9165 any violation of RA 9165
(Sec. 91). (Sec. 91).
26. Delay and bungling 14. Delay and bungling
in the prosecution of in the prosecution of
drug-related cases (Sec. drug-related cases (Sec.
92). 92).
Importation of Dangerous Drugs (Sec. 4)
There must be proof that the ship came from a foreign port.
Possession of opium on board a vessel is punishable when
Philippine port is its destination.
 The abovementioned concept is not applicable
when the foreign vessel is in transit, mere
possession of opium therein is not punishable.
Sale and Possession of Dangerous Drugs
Requisites of Illegal Sale of Dangerous Drugs:
1. The buyer and seller were identified;
2. The transaction or sale took place between the
accused and the poseur buyer;
3. The dangerous drugs subject of the transaction or
sale is presented in court as evidence of the corpus
delicti.
Two indispensables:
1. The illegal drug must be offered before the court
as exhibit;
2. That which is exhibited must be the very same
substance recovered from the suspect.
Sec. 5 is NOT limited to selling.
 Said section punishes not only the sale but also the
mere act of delivery of prohibited drugs.
 In the distribution of prohibited drugs, the payment
of any consideration is immaterial.
Transportation as used under the Act means to carry or
convey from one place to another.
When the accused has yet to board an aircraft or travel
some distance with the prohibited drugs, it cannot be
denied that his presence at the airport at that particular
instance was for the purpose of transporting or moving
the dangerous drugs from one place to another.
As a general rule, a buy-bust operation, considered as a
form of entrapment, is a valid means of arresting.
 It is resorted to for the purpose of trapping and
capturing the lawbreakers in the execution of their
criminal plan.
Defenses that Cannot Be Set Up When an Accused is
Charge with the Sale of Illicit Drugs
1. Facilities for the commission of the crime were
intentionally placed n his way;
2. Criminal act was done at the solicitation of the
decoy or poseur-buyer;
3. Police authorities feigning complicity in the act
were present and apparently assisted in its
commission.
(Sec. 7) A person who visited another who was smoking
opium is NOT liable unless the place is a drug den, dive
or resort.
Possession of Dangerous Drugs (Sec. 11)
Elements of Illegal Possession of Dangerous Drugs:
1. Accused is in possession of an item or object which
is identified to be a dangerous drug;
2. Such possession is not authorized by law;
3. Accused freely and consciously possessed the said
drug.
Mere possession without legal authority is punishable
because it constitutes evidence of knowledge and animus
possidendi.
 The onus probandi is shifted to the accused, to
explain the absence of knowledge or animus
possidendi.
What the law punishes is present possession of dangerous
drugs.
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 Criminal Law 2
 When facts indicate a past possession, the same is
NOT punishable.
Defense of frame-up is viewed with disfavor.
 The presumption of regularity in the performance
of official duty is entitled to great respect.
Drug seized from the accused during a legitimate buy-bust
operation is admissible in evidence.
Finding of illegal drugs in the house of the accused is
prima facie evidence of knowledge or animus possidendi
and is sufficient for conviction.
 The same rule applies if the illegal drugs are found
in a building owned by the accused.
Possession, under the law, includes not only actual
possession but also constructive possession.
1. Actual possession exists when the drug is in the
immediate physical possession or control of the
accused.
2. Constructive possession exists when the drug is
under the dominion and control of the accused or
when he has the right to exercise dominion and
control over the place where it is found.
The law authorizes the use of drugs as medicine, but there
must be a prescription therefor by a physician.
Elements of Illegal Possession of Equipment,
Instrument, Apparatus and other Paraphernalia:
1. Possession or control by the accused of any
equipment, apparatus or other paraphernalia fit or
intended for smoking, consuming, administering,
injecting, ingesting, or introducing any dangerous
drug into the body;
2. Possession is not authorized by law.
The accused with whom illegal drug paraphernalia was
found is presumed the possessor of such.
Proof of the existence and possession of drug paraphernalia
is NOT a condition sine qua non for conviction of illegal
use of dangerous drugs.
 The law merely considers possession of drug
paraphernalia as prima facie evidence that the
possessor has smoked, ingested or used a
dangerous drug (presumed to have violated Sec.
15).
Rules on Possession, Sale and Use of Prohibited Drugs
and/or Paraphernalia
1. When the offender is apprehended, the quantity he
is possessing must be equal to that being sold by
him – illegal sale, possession being absorbed by
the sale.
2. Quantity possessed by him is greater than the
quantity negotiated – liable for illegal sale and
possession (equal to the excess amount).
3. Possession of instruments for administering drugs
is punished separately.
4. But if the possession of pipe is when he is smoking
the same, possession of pipe is absorbed.
5. If he is found possessing the pipe and opium and he
is not smoking, two crimes are committed – illegal
possession of opium and illegal possession of
opium pipe.
6. Any offender who is tested positive for use and is
found to be in possession of any quantity of
dangerous drugs shall be punished for possession
only.
Drug traffickers/pushers are predators while drugs
dependents and users are victims.
 Drug traffickers and pushers are disqualified from
availing of the law on probation, youthful drug
dependents, users and possessors are given the
chance to mend their ways.
Voluntary Submission of a Drug Dependent to
Confinement, Treatment and Rehabilitation
A drug dependent or any person who violates Sec. 15 (Use)
may by himself/herself or through his/her parents, spouse,
guardian or relative 0077ithin the 4th degree of
consanguinity or affinity, apply for treatment and
rehabilitation [of the drug dependency]. If found to be a
drug dependent, he/shall shall be ordered by the Court to
undergo treatment and rehabilitation for not less than
6months.
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 Criminal Law 2
The drug dependent discharged from confinement shall be
exempt from the criminal liability under Sec. 15 subject
to the following conditions:
1. He/she has complied with the rules and regulations
of the Center and Board, including the after-care
and follow-up program for at least 18 months
following temporary discharge from confinement
in the Center or, in the case of a dependent placed
under the care of the DOH-accredited physician,
the after-care program and follow-up schedule;
2. He/she has never been charged or convicted of any
offense relating to Drug Prohibitions;
3. He/she has no record of escape from a Center;
 PROVIDED: of he/she escaped, he/she
surrendered within one week from the date
of the said escape.
4. He/she poses no serious danger to himself/herself,
his/her family or the community by his/her
exemption from criminal liability.
A drug dependent, who is NOT rehabilitated after the
second commitment to the Center under the voluntary
submission program, shall, upon recommendation of the
Board, be charged for violation of Sec. 15. If convicted,
he/she shall be credited for the period of confinement and
rehabilitation in the service of his/her sentence.
Compulsory Submission of a Drug Dependent Charged
With an offense to Treatment and Rehabilitation
Any person determined and found to be dependent on
dangerous drugs shall, upon petition by the Board or any of
its authorized representative, be confined for treatment
and rehabilitation. Such petition may be filed by any
person authorized by the Board with the RTC of the
province or city where such person is found.
If the dependent is rehabilitated, he/she shall be returned to
the court, which committed him, for his/her discharge.
Thereafter, his/her prosecution for any offense punishable
by law shall be instituted or shall continue. In case of
conviction, the accused shall be given full credit for the
period he/she was confined.
 When the offense is for violation of Sec. 15 and the
accused is not a recidivist, the penalty shall be
deemed to have been served in the Center upon
his/her release therefrom after certification by the
Center and the Board that he/she is rehabilitated.
The period of prescription of the offense charged against a
drug dependent under the compulsory submission program
shall not run during the time that the drug dependent is
under confinement.
Sec. 20 expressly forbids the disposition, alienation, or
transfer of any property, or income derived therefrom, that
has been confiscated from the accused charged under RA
9165 during pendency of the proceedings in the RTC.
 Sec. 20 further requires that such property or
income derived therefrom should remain in
custodia legis in all that time and that no bond shall
be admitted for the release of it.
 This includes any article confiscated in relation to
the unlawful act.
Custody and Disposition of Confiscated, Seized,
Surrendered Dangerous Drugs, Paraphernalia, etc.
(Sec. 21)
1. Physical inventory and photographing of the
articles seized in the presence of the accused, his
representative or counsel, a representative from the
media and the DOJ, and any elected public official
who shall be required to sign the copies of the
inventory and be given a copy thereof;
 When there is a search warrant, physical
inventory and photograph shall be
conducted where the search warrant is
served;
 (OPTIONAL) In case of warrantless
seizures, at the nearest police station or at
the nearest office of the apprehending
officer/team.
2. Submission of the articles within 24hours to the
PDEA Forensic Laboratory for a qualitative and
quantitative examination;
3. Certification of the results of the laboratory
examination within 24hours from the receipt of the
subject item;
4. Filing of the criminal case in court;
5. Ocular inspection by the Court of the subject
seized, confiscated or surrendered;
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 Criminal Law 2
6. Within the next 24hours, the burning or
destroying of the items in the presence of the
accused or his counsel, representative from the
media, DOJ, civil society, and any elected public
official;
7. Sworn certification of the burning or disposal
issued by the DDB;
8. Submission of the sworn certificate of destruction
or burning to the court;
9. After promulgation of judgment by the court, the
representative sample, with leave of court, shall be
turned over to the PDEA which shall destroy the
same within 24hours from its receipt;
10. The DDB shall be informed of the termination of
the case.
The identity of the dangerous drugs and the preservation of
the integrity and evidentiary value of the seized items are
the objectives of Sec. 21.
 Identity of the dangerous drugs is essential to
proving the corpus delicti.
The arresting officers are under obligation to explain why
the procedural safeguards embodied in RA 9165 were NOT
complied with.
Chain of Custody means the duly authorized movements
and custody of seized drugs or controlled chemicals or
plant sources of dangerous drugs or laboratory equipment
of each stage, from the time of seizure/confiscation to
receipt in the forensic laboratory to safekeeping to
presentation in court for destruction. Such record of
movements and custody of seized item shall include the
identity and signature of the person who held temporary
custody of the seized item, the date and time when such
transfer of custody made in the course of the safekeeping
and use in court as evidence, and the final disposition.
 This establishes the identity of the subject
substance.
The prosecution must show the continuous whereabouts of
the articles seized from the time of its seizure or
confiscation to the time it was submitted to the
laboratory for testing to the time it was offered as
evidence in court.
The chain of custody rule would include testimony about
every link in the chain – every person who touched the
exhibit would describe how and from whom it was
received, where it was and what happened to it while in the
witness’ possession, the condition in which it was received
and the condition in which it was delivered to the next link
in the chain.
Marking of items immediately after seizure is the
starting point in the custodial link.
Marking means the placing by the apprehending officer or
the poseur-buyer of his/her initials and signature on the
item/s seized.
Chain of custody is established if the State accounts for the
evidence at each stage from its acquisition to its testing,
and to its introduction at trial.
It must be shown that there has been NO tampering,
alteration or substitution.
Links that must be established in the chain of custody in
a buy-bust situation:
1. Seizure and marking, if practicable, of the illegal
drug recovered from the accused;
2. Turnover of the illegal drug seized to the
investigating officer;
3. Turnover by the investigating officer of the drug
to the forensic chemist for lab examination;
4. Turnover and submission of the marked illegal
drug seized from the forensic chemist to the court.
Marking of the seized or confiscated items may be done at
the nearest police station or office of the apprehending
team immediately upon confiscation and in the presence of
the violator.
Gross disregard of procedural safeguards prescribed by
RA 9165 generates serious uncertainty about the identity
of the seized items.
 Such doubt CANNOT be remedied by simply
invoking the presumption of regularity.
 Minor deviations from the procedures would NOT
automatically exonerate an accused.
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 Criminal Law 2
Substantial compliance with the chain of custody
requirements is sufficient.
 What is essential is the preservation of the
integrity and the evidentiary value of the seized
items.
Police officers attending to drug cases must present
justifiable reasons for their imperfect adherence to the
chain of custody requirements.
Lack of inventory of seized drugs creates reasonable
doubt on the identity of the corpus delicti.
Failure to mark the seized illegal drugs immediately after
the arrest of the accused raises doubts on the identity of the
corpus delicti.
Uncertainty as to when and where the seized illegal
drugs were marked is fatal to the cause of the
prosecution.
Marking of the captured items immediately after they were
seized from the accused is the starting point in the
custodial link.
Failure of the prosecution to make known the identities
of the police officers to whom the custody of the seized
drugs were entrusted after the buy-bust operation and the
lack of testimony on the whereabouts of the seized drugs
after the laboratory examination would result into the
acquittal of the accused.
Proof beyond reasonable doubt CANNOT be established
when there is no evidence of five links in the chain of
custody.
The overt act of showing the substance to the poseur-buyer
is an attempted sale of dangerous drugs.
Requisites For Immunity From Prosecution and
Punishment
1. The person has violated Sec.7, 11, 12, 14, 15, 19;
2. He voluntarily gives information about any
violations of Sec. 4, 5, 6, 8, 10, 13, 16, or violation
of any other provision if committed by a syndicate,
including any information leading to the
whereabouts, identities, and arrests of any or all
members;
3. He willingly testifies against the above persons;
4. The following conditions must be present:
a. Information and testimony are necessary
for the conviction of the above persons;
b. The information and testimony are NOT
yet in possession of the State;
c. Information and testimony can be
substantially corroborated in their material
points;
d. Witness/ informant has not yet been
convicted of a crime involving moral
turpitude except when there is NO direct
evidence available;
e. Witness/ informant DOES NOT appear to
be the most guilty;
f. There is NO direct evidence available for
the state.
Drug testing shall consist of both the screening test and the
confirmatory test.
 The latter to be carried out should the
screening test turn positive.
Drug testing of students is constitutional.
 It emanates primarily from the waiver by the
students of their right to privacy when they
seek entry to the school.
Drug testing of officers and employees of public and
private offices is likewise constitutional.
Drug testing of persons charged before the public
prosecutor’s office with criminal offenses punishable with
six years and one day imprisonment is unconstitutional.
 The operative concepts in the mandatory drug
testing are “randomness” and “suspicionless.”
In the case of persons charged with a crime, a
mandatory drug testing can never be random
or suspicionless.
Drug testing of electoral candidates as requirement in
addition to those already provided for in the 1987
Constitution is unconstitutional.
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A drug dependent’s sentence may be suspended if he is: A positive finding for the use of dangerous drugs shall be a
qualifying aggravating circumstance in the commission
1. A first-time offender; of a crime.
2. Over 15 years of age at the time of the commission
of the offense;
3. Not more than 18 years old at the time when
judgment was promulgated, subject to the
following:
 He has NOT been previously committed to
a center or to the care of a DOH-accredited
physician;
 He has NOT been convicted previously of
violating any provision of RA 9165, DDA
1972, RPC, or any special laws;
 The Board favorably recommends that his
sentence be suspended;
4. If the accused, a first-time minor offender, violates
any condition of his suspended sentence, the rules
and regulations of the Board and the center, the
court shall pronounce judgment of conviction;
 The court may, in its discretion place the
accused under probation, even if the
sentence provided under this Act is higher
than that provided under Probation Law,
or impose community service in lieu of
imprisonment.
 Community service shall apply only to
violators of Sec. 15 (Use).
5. If he complies with the rules and regulations of the
Board and the center, the court, upon
recommendation of the Board shall discharge the
accused and dismiss al proceedings.
 The court shall issue an order to expunge
all official records.
 He shall NOT be liable for perjury,
concealment or misrepresentation by
reason of his failure to acknowledge the
same.

Arrests in illegal drugs cases by the PNP and other law

enforcement authorities without the coordination with
PDEA is valid and lawful.

 Non-participation of the PDEA in a buy-bust

operation DOES NOT violate the accused’s
constitutional right against illegal arrest.

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Title Six – Crimes Against Public Morals
1. Gambling and betting (PD1602 & RA9287);
2. Grave scandal (Art. 200);
3. Immoral doctrines, obscene publications and
exhibitions, and indecent shows (Art. 201);
4. Prostitutes; penalty (Art. 202).
PD 1602 – New Gambling Law;
RA 9287 – Act Increasing the Penalties for Illegal
Numbers Games
Gambling refers to any game or scheme, whether the
results are dependent upon chance or skill, wherein wagers
consisting of money, articles of value or representative of
value are at stake or made.
A lottery is said to be “a species of gaming, which may be
defined as a scheme for the distribution of prizes by chance
among persons who have paid, or agreed to pay, a valuable
consideration for the chance to obtain a prize.
Ex: 1. Sweepstakes
2. Lotto
Elements of Lottery:
1. A consideration;
2. Chance;
3. Prize, or some advantage or inequality in amount
or value which is in the nature of a prize.
When a person obtains full value for his money, there is NO
lottery.
 As when the winning of a prize is a mere incident.
Punishable Acts Under PD 1602
1. Taking part directly or indirectly in any illegal or
unauthorized activities or games of cockfighting,
jueteng, jai-alai or horse racing to include bookie
operations and game fixing, numbers, bingo and
other forms of lotteries; any game using dice; card
games; games using plastic tiles and the like;
mechanical contraptions and devices; forms of
individual or team contests to include game fixing,
point shaving and other machinations; banking or
percentage game, or any other game or scheme,
whether upon chance or skill, wherein wagers
consisting of money, articles of value or
representative of value are at stake or made;
2. Knowingly permitting any form of gambling
referred to in the preceding subparagraph to be
carried on in an inhabited or uninhabited place or
in any building, vessel or other means of
transportation owned or controlled by him;
3. Knowingly and without lawful purpose in any hour
of any day, possess any lottery list, paper or other
matter containing letters, figures, signs or symbols
pertaining to or in any manner used in the games of
jueteng, jai-alai or horse racing bookies, and
similar games of lotteries and numbers which have
taken place or about to take place;
4. Being a barangay official who, with knowledge of
the existence of a gambling house or place in his
jurisdiction, fails to abate the same or take action
in connection therewith;
5. Acting as a security officer, security guard,
watchman, private or house detective of hotels,
villages, buildings, enclosures and the lick which
have the reputation of a gambling place or where
gambling activities are being held.
Knowingly Permitting Gambling to be Carried on in a
Place Owned or Controlled by the Offender
Elements:
1. A gambling game was carried on in a place or in
any building, vessel or other means of
transportation;
2. The place, building, vessel or other means of
transportation is owned or controlled by the
offender;
3. Offender permitted the carrying on of such game,
knowing that it is a gambling game.
Punishable Acts Under RA 9287:
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1. Acting as a bettor;
2. Acting as a personnel or staff of an illegal numbers
game operation;
3. Allowing the use of his vehicle, house, building or
land to be used in the operation of illegal numbers
game;
4. Acting as a collector or agent;
5. Acting as a coordinator, controller or supervisor;
6. Acting as a maintainer, manager or operator;
7. Acting as a financier or capitalist;
8. Acting as a protector or coddler.
Maintainer is the person who sets up and furnishes the
means with which to carry on the gambling game or
scheme.
Violations of RA 9287 by Government Officials and
Employees
1. When the government official or employee is the
collector, agent; coordinator, controller,
supervisor; maintainer, manager, operator,
financier or capitalist of any illegal numbers game;
2. Any local government official who, having
knowledge of the existence of the operation of an
illegal numbers game in his/her jurisdiction, fails
to abet the or take action, or tolerates the same;
3. Any law enforcer who fails to apprehend
perpetrators of any illegal numbers game.

Conductor is the person who manages or carries on the Art. 195 – Gambling
gambling game or scheme.

The possession of any gambling paraphernalia and other

Art. 196 – Importation, Sale and Possession of
Lottery Tickets or Advertisements
materials used in the illegal numbers game operation shall
be deemed prima facie evidence of any offense covered
Acts Punishable Relative to Lottery Tickets
by RA 9287.
1. Importing into the Philippines from any foreign
Any person who serves as a witness for the government or
place or port any lottery ticket or advertisement;
provides evidence in a criminal case involving violation of
2. Selling or distributing the same in connivance
this Act, or who voluntarily or by virtue of a subpoena
with the importer;
testificandum or duces tecum, produces, identifies, or gives
3. Possessing, knowingly and with intent to use,
testimony shall be immune from any criminal
lottery tickets or advertisements;
prosecution (Sec. 8).
4. Selling or distributing the same without
connivance with the importer.
Sec. 8 allows government investigators and prosecutors to
grant immunity.
Possession of any lottery ticket or advertisement is prima
facie evidence of intent to sell, distribute or use the same.
A person may be criminally liable for violation of RA 9287
and the RPC.
It is NOT necessary that the lottery tickets be genuine.
No property or income derived from violation of RA 9287
 It is enough that they be given the appearance of
may be alienated or disposed of during the pendency of the
lottery tickets.
case – the same shall be in custodia legis.

Upon conviction, all proceeds and instruments of the crime

shall be considered forfeited in favor of the State.
PD 483 – Game-Fixing or Point-Shaving and
Spectators are NOT liable in gambling. Machinations in Sport Contests

It was held that playing illegal gambling games for money Art. 198 – Illegal Betting on Horse Races
is NOT a necessary element.

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Acts Punishable in Illegal Betting on Horse Races:
1. Betting on horse races during the periods NOT
allowed by law;
2. Maintaining or employing a totalizer or other
device or scheme for betting on races or realizing
profit therefrom, during the periods not allowed by
law.
The penalty here is higher for a person who employs a
totalizer or other device.
Horse races are NOT allowed by law on:
1. July 4th of each year (RA 137);
2. December 30th of each year (RA 229);
3. Any registration or voting days (RA 180, Revised
Election Code);
4. Holy Thursday and Good Friday (RA 946).
The race held on the same day and at the same place is
punishable as a separate offense.
NO liability if there is no betting or use of totalizer.
PD 483 repealed Art. 197.
Art. 199 – Illegal Cockfighting
PD 449 – Cockfighting Law
Permitting gambling of any kind in cockpit is punished
under PD 449.
Spectators in a cockfight are NOT liable.
 To be liable, he must participate in the cockfight
as a bettor.
Art. 200 – Grave Scandal
This felony is committed by any person who performs an
act that offends against decency or good customs by any
highly scandalous conduct not expressly falling under any
article of the Code.
ELEMENTS OF GRAVE SCANDAL
1. Offender performs an act or acts;
2. Such act or acts be highly scandalous as offending
against decency or good customs;
3. The highly scandalous conduct is NOT expressly
falling within any other article;
4. Act or acts complained of be committed in a public
place or within the public knowledge or view.
Decency means accepted standard of propriety in
language, behavior or modesty.
Customs means a generally accepted practice, habit or
custom.
The acts must be those that can cause public scandals
among the persons witnessing them.
The act complained of must be committed in a public
place or within public view.
 Publicity is an essential element.
There is NO grave scandal if the acts were performed in a
private house and seen by only one person.
Art. 201 – Immoral Doctrines, Obscene Publications
and Exhibitions, and Indecent Shows
Acts Punishable:
1. Publicly expounding or proclaiming doctrines
openly contrary to public morals;
2. Knowingly publishing obscene literature;
3. Exhibiting indecent or immoral plays, scenes, acts
or shows in theaters, fairs, cinematographs or any
other place;
4. Selling, giving away or exhibiting films, prints,
engravings, sculptures or literature which are
offensive to morals.
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Publicity is a common element in all modes of violating
Art. 201.
The word moral implies conformity with the generally
accepted standards of goodness or rightness in conduct or
character, sometimes, specifically, to sexual conduct.
The persons liable in obscene literature are –
1. Author who knowingly published the same;
2. Editor who knowingly published the same;
3. Owner or operator of the establishment selling the
same.
The offense punished in Art. 201(3) is malum in se, in
which criminal intent is an indispensable ingredient
The authors of obscene literature are liable only if the same
were published with their knowledge.
If anonymously published or the real printer’s name is not
divulged, the offender will be further liable for illegal
publication (Art. 154[4]).
Indecent or immoral plays, scenes, acts or shows, whether
live or in film includes those which:
1. Glorify criminals or condone crimes;
2. Serve no other purpose but to satisfy the market for
violence, lust or pornography;
3. Offend any race or religion;
4. Tend to abet traffic in and use of prohibited drugs;
5. Are contrary to law, public order, morals, good
customs, established policies, lawful orders,
decrees and edicts.
Displaying and offering for sale to the public, key chains
with eye-appenders which consist of pictures of nude
women, was held to be not violative of Art. 201 – works
of art.
 The proper test is whether the motive of the picture,
as indicated by it, is pure or impure; whether it is
naturally calculated to excite impure imagination.
 Nudity itself is NOT inherently indecent or
obscene.
Obscenity means something offensive to chastity; decency
or delicacy.
Indecency is an act against good behavior and just
delicacy.
The test is whether the tendency of the matter charged as
obscene, is to deprave or corrupt those whose minds are
open to such immoral influences, and into whose hands
such publication may fall and also; whether or not such
publication or act shocks the ordinary and common sense of
men as an indecency.
Mere possession of obscene materials is NOT punishable.
The law does not require that a person be caught in the act
of selling, giving away or exhibiting obscene materials to
be liable.
 The person is liable for as long as the said materials
are offered for sale, displayed or exhibited to the
public.
Art. 201(2)(b)(3) makes it a crime for anyone to exhibit
shows which offend any race or religion.
Pictures depicting the inhabitants in their native dress as
they appear in the regions where they live are NOT obscene
or indecent.
Pictures of nude women, NOT for art’s sake, but for
purposes of profit or gain is a violation of Art. 201.
The words give away in par. 3, should read distribute.
 Giving immoral or indecent literature to a single
recipient is NOT punishable.
PD 969 mandates the forfeiture and destruction of
pornographic materials involved in the violation of Art.
201, even if the accused was acquitted.
Sec. 9 of RA 7610 punishes any person who shall hire,
employ, use, persuade, induce or coerce a child (under 18
years of age) to perform in obscene exhibitions and
indecent shows, or pose or model in obscene publications
or pornographic materials or to sell or distribute the said
materials.
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Art. 202 – Prostitutes; Penalty
RA 10158 decriminalized vagrancy.
 Art. 202 now applies only to prostitution.
Art. 202 DOES NOT apply to persons below 18 years of
age (RA 9344, Juvenile Justice and Welfare Act).
Prostitution and adultery are not one and the same.
 Prostitution is a crime against public morals,
committed by a woman, whether married or not,
who, for money or profit, habitually indulges in
sexual intercourse or lascivious conduct;
 Adultery is in the nature of a private offense
committed by a married woman who shall have
sexual intercourse with a man not her husband.
The essential element in prostitution is not simply a
woman’s entering into a marital relations with a man other
than her husband, but the existence of pecuniary or
financial gain as inducement to, or consideration for,
that woman’s engaging in sexual activities.
Prostitutes are women who habitually indulge in (1) sexual
intercourse or (2) lascivious conduct, for money or profit.
In RA 9362 (Anti-Violence Against Women and Their
Children Act) prostituting a woman or a child constitutes
sexual violence punishable under said law.
RA 9208 – Anti-trafficking in Persons Act
Trafficking in persons refers to the recruitment,
transportation, transfer or harboring, or receipt of persons
with or without the victim’s consent or knowledge, within
or across national borders by means of threat or use of
force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage
of the vulnerability of the persons, or, the giving or
receiving of payments or benefits to achieve the consent of
a person having control over another for the purpose of
exploitation or prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
The recruitment, transportation, transfer, harboring or
receipt of a child for the purpose of exploitation shall also
be considered as trafficking in person.
 Even if it does not involve any of the means set
forth in the preceding paragraph.
Acts of Trafficking in Persons
1. To recruit, transport, transfer, harbor, provide,
or receive a person by any means for the purpose
of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude, or debt
bondage;
2. To introduce or match for money, profit, or
material, economic or other consideration, any
person, or any Filipino woman to a foreign
national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to
engage in prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
3. To offer or contract marriage, real or simulated,
for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or
slavery, involuntary servitude or debt bondage;
4. To undertake or organize tours and travel plans
consisting of tourism packages or activities for the
purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
5. To maintain or hire a person to engage in
prostitution or pornography;
6. To adopt or facilitate the adoption of persons for
the purpose of prostitution, pornography, sexual
exploitation, forced-labor, slavery, involuntary
servitude or debt bondage;
7. To recruit, hire, adopt, transport or abduct a
person, by means of threat or use of force, fraud,
deceit¸ violence, coercion, or intimidation for the
purpose of removal of said organs of said person;
8. To recruit, transport or adopt a child to engage
in armed activities in the Philippines or abroad.
Acts that Promote Trafficking in Persons (Sec. 5)
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1. To knowingly lease or sublease, use or allow to be
used any house, building or establishment for the
purpose of promoting trafficking in persons;
2. To produce, print and issue or distribute
unissued, tampered of fake counseling certificates,
registration stickers and certificates of any
government agency which issues these certificates
and stickers as proof of compliance with
government regulatory and pre-departure
requirements for the purpose of promoting
trafficking in persons;
3. To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means that promotes
trafficking in persons;
4. To assist in the conduct of misrepresentation or
fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from
government agencies that are mandated to provide
pre-departure registration and services for
departing persons for the purpose of promoting
trafficking in persons;
5. To facilitate, assist or help in the exit and entry of
persons from/to the country at international and
local airports, territorial boundaries and seaports
who are in possession of unissued, tampered or
fraudulent travel documents for the purpose of
trafficking in persons;
6. To confiscate, conceal, or destroy the passport,
travel documents, or personal documents or
belongings of trafficked persons in furtherance of
trafficking or to prevent them from leaving the
country or seeking redress from the government;
7. To knowingly benefit from, financial or otherwise,
or make use of, the labor services of a person held
to a condition of involuntary servitude, forced
labor, or slavery.
Qualified Trafficking in Persons (Sec. 6)
1. Trafficked person is a child;
2. Adoption is effected through the Inter-Country
Adoption Act of 1995 and said adoption is for the
purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
3. Crime is committed by a syndicate, or in a large
scale.
 Trafficking is deemed committed by a
syndicate if carried out by a group of three
(3) or more persons conspiring or
confederating with another.
 It is deemed in large scale if committed
against three (3)or more persons,
individually or as a group.
4. Offender is an ascendant, parent, sibling, guardian
or a person who exercises authority over the
trafficked person or when committed by a public
officer or employee;
5. Trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
6. Offender is a member of the military or law
enforcement agencies;
7. By reason or on occasion of the act of trafficking in
persons, the offended party dies, becomes insane,
suffers mutilation or is afflicted with HIV or AIDS.
Who can file a complaint (Sec. 8)
1. Trafficked person;
2. Parents;
3. Spouse;
4. Siblings;
5. Children;
6. Legal guardian;
7. Any person who has personal knowledge of the
commission of any offense under the Act.
Any person who buys or engages the services of trafficked
persons for prostitution is liable.
 Penalty increases if done a second or oftener.
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Title Seven – Crimes Committed by 31. Disobedience to order of superior officer, when
said order was suspended by inferior officer (Art.
Public Officers 232);
32. Refusal of assistance (Art. 233);
1. Who are public officers (Art. 203); 33. Refusal to discharge elective office (Art. 234);
2. Knowingly rendering unjust judgment (Art. 204); 34. Maltreatment of prisoners (Art. 235);
3. Judgment rendered through negligence (Art. 205); 35. Anticipation of duties of a public office (Art. 236);
4. Unjust interlocutory order (Art. 206); 36. Prolonging performance of duties and powers (Art.
5. Malicious delay in the administration of justice 237);
(Art. 207); 37. Abandonment of office or position (Art. 238);
6. Prosecution of offenses; negligence and tolerance 38. Usurpation of legislative powers (Art. 239);
(Art. 208); 39. Usurpation of executive functions (Art. 240);
7. Betrayal of public trust by an attorney or solicitor – 40. Usurpation of judicial functions (Art. 241);
Revelation of secrets (Art. 209); 41. Disobeying request for disqualification (Art. 242);
8. Direct Bribery (Art. 210); 42. Orders or requests by executive officers to any
9. Indirect Bribery (Art. 211); judicial authority (Art. 243);
10. Qualified Bribery (Art. 212-A); 43. Unlawful appointments (Art. 244);
11. Corruption of public official (Art. 212); 44. Abuses against chastity (Art. 245).
12. Frauds against the public treasury (Art. 213);
13. Other Frauds (Art. 214);
14. Prohibited transactions (Art. 215);
15. Possession of prohibited interest by a public officer
Art. 203 – Who Are Public Officers
(Art. 216);
16. Malversation of public funds or property – The term public officers embraces every public servant
presumption of malversation (Art. 217); from the highest to the lowest.
17. Failure of accountable officer to render accounts
(Art. 218);  There is no distinction between officer and
18. Failure of a responsible public officer to render employee under the RPC.
accounts before leaving the country (Art. 219);  It DOES NOT distinguish between permanent and
19. Illegal use of public funds or property (Art. 220); temporary employees.
20. Failure to make delivery of public funds or
property (Art. 221); REQUISITES:
21. Officers included in the preceding provisions (Art.
222); 1. Taking part in the performance of public functions
22. Conniving with or consenting to evasion (Art. in the Government or performing in said
223); Government or in any of its branches public duties
23. Evasion through negligence (Art. 224); as an employee, agent or subordinate official;
24. Escape of prisoner under the custody of a public 2. His authority to take part in the performance of
officer (Art. 225); public functions or to perform public duties must
25. Removal, concealment or destruction of documents be –
(Art. 226); a. By direct provision of law;
26. Officer breaking seal (Art. 227); b. By popular election;
27. Opening of closed documents (Art. 228); c. By appointment by a competent authority.
28. Revelation of secrets by an officer (Art. 229);
29. Public officer revealing secrets of private A laborer in the government is NOT a public officer.
individual (Art. 230);
30. Open disobedience (Art. 231);
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 But temporary performance of public functions by
a laborer makes him a public officer.
Misfeasance is the improper performance of some act
which might lawfully be done.
Malfeasance is the performance of some act which ought
NOT to be done.
Nonfeasance is the omission of some act which ought to be
performed.
Art. 204 – Knowingly Rendering Unjust Judgment
Arts. 204, 205, 206 and 207 are misfeasances in office that
a judge can commit.
ELEMENTS:
1. Offender is a judge;
2. He renders a judgment in a case submitted to him
for decision;
3. Judgment is unjust;
4. Judge knows that his judgment is unjust.
A judgment is the final consideration and determination of
a court upon the matters submitted to it.
 It disposes the whole subject matter or terminates
a particular proceeding or action.
 An example is a decision convicting or acquitting
an accused.
An unjust judgment is one which is contrary to law, or is
NOT supported by evidence, or both.
It is rendered knowingly when it is made deliberately and
maliciously.
The judge must render the judgment with conscious and
deliberate intent to do an injustice to be liable.
The source of unjust judgment may be either (a) error or
(b) ill-will or (c) bribery.
Bad faith is the ground for liability.
 The judge is NOT liable for mere error.
The information must allege that the judge rendered an
unjust judgment knowing it to be unjsut.
There must be evidence that the judgment is unjust – it
CANNOT be presumed.
A decision is NOT necessarily unjust simply because a
judge is disqualified to render it.
There must be a pronouncement by the appellate court
that the trial judge’s errors were committed deliberately and
in bad faith.
Note: the law uses the term judge. Members of the
collegiate court cannot be held liable under Art. 204.
Art. 205 – Judgment Rendered Through Negligence
ELEMENTS:
1. Offender is a judge;
2. He renders a judgment in a case submitted to him
for decision;
3. Judgment is manifestly unjust;
4. It is due to his inexcusable negligence or
ignorance.
The judgment must be so manifestly contrary to law, that
even a person having meager knowledge of the law cannot
doubt the injustice.
 Negligence and ignorance is inexcusable if they
imply a manifest injustice which cannot be
explained by a reasonable interpretation.
There must be a failure to observe in the performance of his
duty, that diligence, prudence and care which the law is
entitled to exact in rendering any public service.
Abuse of discretion or mere error of judgment is NOT
punishable.
Art. 206 – Unjust Interlocutory Order
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ELEMENTS:
1. Offender is a judge;
2. He –
a. Knowingly renders unjust interlocutory
order or decree;
b. Renders a manifestly unjust interlocutory
order or decree through inexcusable
negligence or ignorance.
An interlocutory order is an order which is issued by the
court between the commencement and the end of a suit or
action.
 It is NOT a final decision of the matter in issue.
 The test to determine whether an order or judgment
is interlocutory is: Does it leave something to be
done in the trial court with respect to the merits of
the case? If it does, it is interlocutory.
Art. 207 – Malicious Delay in the Administration of
Justice
ELEMENTS:
1. Offender is a judge;
2. There is a proceeding in his court;
3. He delays the administration of justice;
4. Delay is malicious – caused by the judge with
deliberate intent to inflict damage on either party
in the case.
Mere delay without malice is NOT a felony under this
article.
If the undue delay was NOT malicious but through gross
negligence, this would be covered by Sec. 3(e) of RA 3019.
The judge is NOT liable where the delay was caused by the
desire of the parties to settle the case amicably.
Art. 208 – Prosecution of Offenses; Negligence and
Tolerance
Art. 208 is nonfeasance.
Acts Punishable:
1. Maliciously refraining from instituting
prosecution against violators of the law;
2. Maliciously tolerating the commission of
offenses.
The word negligence is erroneously stated in this article.
Malice is required for liability under this Art.
The word negligence here means “neglect of the duties of
his office by maliciously failing to move the prosecution
and punishment of the delinquent.”
ELEMENTS OF PREVARICACION
1. Offender is a public officer or officer of the law
who has the duty to cause the prosecution, or to
prosecute, offenses;
2. There is dereliction of the duties of his office; that
is, knowing the commission of the crime, he does
not cause the prosecution of the criminal or
knowing that a crime is about to be committed, he
tolerates its commission;
3. Offender acts with malice and deliberate intent to
favor the violator of the law.
The phrase officer of the law includes all those who, by
reason of the position held by them, are duty-bound to
cause the prosecution and punishment of the offenders.
There must be a duty on the part of the public officer to
prosecute or to move the prosecution of the offender.
A dereliction of duty caused by poor judgment or honest
mistake is NOT punishable.
The crime committed by the law-violator must be proved
first.
 If the guilt of the law-violator is not proved, the
person charged with dereliction of duty is NOT
liable.
A public officer who, having the duty of prosecuting
offenders, harbored, concealed, or assisted in the escape
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of the latter, is a principal in the crime of dereliction of
duty.
 He is NOT a mere accessory.
The Internal Revenue Law punishes officers, agents or
employees of the Bureau of Internal Revenue who, having
knowledge or information of a violation of the IRL, fail to
report such knowledge or information to their
superiors.
 They can no longer be held liable under Art. 208.
Art. 209 – Betrayal of Trust by an Attorney or
Solicitor – Revelation of Secrets
Art. 209 may be committed only by a member of the
Philippine Bar.
Acts Punishable:
1. Causing damage to his client, either by:
a. Any malicious breach of professional duty;
b. Inexcusable negligence or ignorance.
2. Revealing any of the secrets of his client learned
by him in his professional capacity;
3. Undertaking the defense of the opposing party in
the same case, without the consent of his first
client, after having undertaken the defense of said
first client or after having received confidential
information from said client.
There is NO solicitor or procurador judicial under the Rules
of Court.
Art. 210 – Direct Bribery
Arts. 210 and 211 are malfeasances.
ELEMENTS OF DIRECT BRIBERY
1. Offender is a public officer within the scope of Art.
203;
2. He accepts an offer or promise or receives a gift or
present by himself or through another;
3. Such offer or promise be accepted, or gift or
promise received by the public officer –
a. With a view to committing some crime;
b. In consideration of the execution of an act
which does not constitute a crime, but the
act must be unjust;
c. To refrain from doing something which it
is his official duty to do.
4. Act which the offender agrees to perform or which
he executes is connected with the performance of
his official duties.
Acts Punishable
1. Agreeing to perform, or by performing, in
consideration of any offer, promise, gift or present
an act constituting a crime, in connection with
the performance of his official duties;
2. Accepting a gift, in consideration of the execution
of an act which does not constitute a crime, in
connection with the performance of his official
duty;
3. Agreeing to refrain, or by refraining, from doing
something which is his official duty to do, in
consideration of any gift or promise.
Definition under Art. 203 of a public officer embraces
every public servant from the highest to the lowest.
Art. 203 is applicable to assessors, arbitrators, appraisal
and claim commissioners, experts.
The gift may either be voluntarily offered by a private
persons, or solicited by a public officer.
If the offer or gift is NOT accepted by the public officer,
only the person offering the gift is criminally liable for
attempted corruption of public officer.
Bribery is always consummated.
 Physical receipt of the gift coupled with a clear
intention to consider the gift as his own is
necessary.
The gift or present must have a value or be capable of
pecuniary estimation.
A promise to give gift to, and a promise to commit an
unlawful act by, a public officer will be sufficient in direct
bribery under the first paragraph of Art. 210.
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 It is NOT necessary that the evidence show an
express promise. It is sufficient if from all the
circumstances in the case, such promise can be
implied.
Mere agreement to perform an act constituting a crime is
sufficient to hold the public officer liable under par. 1.
The public officer to suffer the penalty corresponding to
the crime agreed upon, if the same shall have been
committed.
The act which the public officer agrees to perform must be
connected with the performance of official duties.
 The act need not be a statutory duty.
 It is sufficient if the action to be affected by the
bribe be part of the established procedure of a
governmental agency.
NO bribery if the act is in discharge of a mere moral duty.
That the act agreed to be performed is in excess of his
power, jurisdiction, or authority is NOT a defense.
 But if it is so foreign to the duties of the office as to
lack even color of authority, there is NO bribery.
Elements of Direct Bribery Under Par. 2
1. Offender is a public officer;
2. He received gifts or presents personally or through
another;
3. He received the gifts or presents in consideration of
an act that DOES NOT constitute a crime;
4. The act is related to the exercise of his official
duties.
Direct bribery under the second paragraph has the same
elements as those under the first paragraph, but the act
intended by the public officer does NOT amount to a
crime.
 The act must still be connected with the
performance of official duty.
Under the 2nd paragraph, a mere agreement or promise on
the part of the public officer to execute an act not
constituting a crime is NOT a violation.
1. The penalty of prision mayor in its medium and
maximum periods – if the offender executed said
act;
2. Prision correccional in its medium period – if the
act shall not have been accomplished.
 The word accomplish presupposes an overt
act, but the same is not brought to
completeness.
Likewise, a mere promise to give a gift is NOT sufficient.
There is NO direct bribery where the act performed or
agreed to be performed is entirely outside of the official
functions of the public officer to whom the money is
offered.
It is NOT necessary that the money is received by the
offender before or at the time he agreed to perform or
execute an act.
Elements of Direct Bribery Under Par. 3
1. Accused is a public officer;
2. He received a gift or a promise to receive a gift;
3. Purpose of such gift or promise was to make the
public officer refrain from doing something that
was his official duty to do.
Under the third paragraph, the object for which the gift is
received or promised is to make the public officer refrain
from doing something which it is his official duty to do.
If by refraining from doing an act, the public officer
commits a crime, he is liable under the first paragraph.
In bribery (Art. 210), the offender refrained from doing
his official duty in consideration of a gift received or
promised. This element is not necessary in the crime of
prevaricacion (Art. 208).
If the giver of the bribe did so voluntarily, the crime
committed by the public officer is bribery; but if he gave
the sum or gift by reason of force or intimidation, the
public officer is liable for robbery.
Direct Bribery is a crime involving moral turpitude.
Art. 211 – Indirect Bribery
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ELEMENTS OF INDIRECT BRIBERY
1. Offender is a public officer;
2. He accepts gifts;
3. Said gifts are offered to him by reason of his office.
Gift is usually given to the public officer in anticipation of
future favor. Therefore, a public officer should not accept
any gift offered to him.
Under Art. 211, the public officer shall accept gifts. Mere
promises or offers are NOT sufficient.
 Acceptance of promise is NOT enough.
Mere acceptance of the gift consummates the crime of
Indirect Bribery.
The essential ingredient of indirect bribery is that the public
officer concerned must have accepted the gift or material
consideration.
There must be a clear intention on the part of the public
officer to take the gift so offered and consider the same as
his own property from then on.
 Mere physical receipt unaccompanied by any other
sign, circumstance or act to show such acceptance
is NOT sufficient.
It is NOT necessary that the public officer should do any
act or even promise to do an act.
 It is enough that he accepts gifts offered to him
by reason of his office.
There is NO attempted or frustrated indirect bribery.
Direct Bribery vs. Indirect Bribery
1. In both crimes, the public officer receives a gift;
2. While in direct bribery, there is an agreement
between the public officer and the giver, in indirect
bribery, usually, no such agreement exist;
3. In direct bribery, the offender agrees to perform
or performs an act or refrains from doing
something, because of the gift or promise; in
indirect bribery, it is not necessary that the officer
should do any particular act or even promise to do
an act, it is enough that he accepts gifts offered to
him by reason of his office.
Even if there was a sort of an agreement between public
officer and giver of gift, indirect bribery may be
committed, provided that the act executed by the accused is
NOT unjust.
Criminal penalty of imprisonment is distinct from the
administrative penalty
Art. 211-A – Qualified Bribery
Qualified Bribery may be committed only by a public
officer entrusted with law enforcement.
Examples of Public Officers Entrusted With Law
Enforcement:
1. Officers and member of the Philippine National
Police;
2. Agents of the National Bureau of Investigation;
3. Officers and members of the Armed Forces of the
Philippines.
ELEMENTS:
1. Offender is a public officer entrusted with law
enforcement;
2. Offender refrains from arresting or prosecuting an
offender who has committed a crime punishable by
reclusion perpetua and/or death;
3. Offender refrains from arresting or prosecuting the
offender in consideration of any promise, gift or
present.
PD 46 punishes public officers and employees who receive
gifts and private individuals who give gifts to public
officers and employees on any occasion.
Art. 212 – Corruption of Public Officials
Corruption of public officials may be committed by any
person who shall make the offers or promise or give gifts
or presents to a public officer.
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ELEMENTS:
1. Offender makes offers or promises or gives gifts
or presents to a public officer;
2. That the offers or promises are made or the gifts or
presents given to a public officer, under
circumstances will make the public officer liable
for direct bribery or indirect bribery.
The offender in Art. 212 is the giver of gift or the one who
offered the promise.
A person who made an offer or promise or gave the gift is
liable, even if the gift was demanded by the public officer
and the offer was not made voluntarily.
PD 749 grants immunity from prosecution to givers of
bribes and other gifts and to their accomplices by giving
information about violations of Arts. 210, 211 and 212,
Graft and Corrupt Act, Internal Revenue Code, Tariff and
Customs Code, and other provisions of said Codes
penalizing abuse or dishonesty of public officials.
RA 3019 – Anti-Graft and Corrupt Practices Act
The term public officers in Sec. 2(b) includes elective and
appointive officials and employees, permanent or
temporary, whether in the classified or unclassified or
exempt service receiving compensation, even nominal,
from the government.
 The words “classified or unclassified or exempt
service” have been reclassified into Career
Service and Non-Career Service (PD 807).
The word includes indicates that the definition is NOT
restrictive.
Sections 3, 4, 5 and 6 are the acts punishable or where a
penalty is provided (Sec. 9).
Sec. 3(a) Persuading, Inducing or Influencing Another
Public Officer or Allowing Himself to be Persuaded,
Induced, or Influenced To Commit a Violation of Rules
and Regulations, or an Offense In Connection With
Official Duties
The person liable here are:
1. Public officer who persuades, induces or
influences another public officer to perform an act
constituting a violation of rules and regulations or
an offense in connection with the official duties of
the latter;
2. Public officer who allows himself to be
persuaded, induced or influenced.
It is necessary that the accused acted for a consideration
and had intended to obtain personal gain or advantage.
 Sec. 3(a) requires deliberate intent or bad faith.
There is NO violation of Sec. 3 (a) where there is no
evidence that the public officer was influenced or induced
to commit the act.
Sec. 3(b) Requesting or Receiving Any Gift, Present,
Share, Percentage, or Benefit in Connection with Any
Contract or Transaction Between the Government and
Any Other Party
Elements of Sec. 3(b)
1. Offender is a public officer;
2. Such public officer requested and/or received a
gift, present, etc.;
3. The gift, present, etc. was for the benefit of said
public officer;
4. Said public officer requested and/or received the
gift, present, etc. in connection with a contract or
transaction with the government;
5. Officer has the right to intervene in such contract
or transaction in his/her official capacity under the
law.
Three Acts Under Sec. 3(b)
1. Demanding or Requesting;
2. Receiving;
3. Demanding, requesting AND receiving.
There must be a law which invests the public officer with
the power to intervene in a contract or transaction.
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The person liable under this provision is the public officer
who, in his official capacity, has to intervene in any
contract or transaction between the Government and any
other party.
Preliminary investigation by a fiscal is NOT a contract or
transaction.
A transaction, like a contract, is one which involves some
consideration.
Sec. 3(b) vs. Direct Bribery
1. In violation of Sec. 3(b), mere request or demand
of a gift, present, share, percentage or benefit is
enough; in direct bribery, acceptance of a
promise, offer or receipt of a gift or present is
required.
2. Sec. 3(b) is limited only to contracts or
transactions involving monetary consideration –
public officer has the authority to intervene under
the law; Direct bribery has a wider and more
general scope, namely: (a) performance of an act
constituting a crime, (b) execution of an unjust
act, and (c) agreeing to refrain or refraining from
doing an act which is his official duty to do.
Sec. 3(c) Requesting or Receiving Any Gift, Present or
Other Pecuniary or Material Benefit From Any Person
for Any Government Permit or License
Elements of Sec. 3(c)
1. Offender is a public officer;
2. He has secured or obtained, or would secure or
obtain, for a person any government permit or
license;
3. He requested or received from said person any
gift, present or other pecuniary or material benefit;
4. He requested or received the gift, present or other
pecuniary or material benefit in consideration for
help given or to be given.
The person liable under this provision is the public officer
who, in any manner or capacity, has secured or obtained,
or will secure or obtain, any Government permit or license
for another person.
The gift should be received in consideration for help given
or to be given by the public officer.
Sec. 3(d) Accepting or Having Any Member of His
Family Accept Employment in a Private Enterprise
Which has Pending Business With Him or Within One
Year After Its Termination
The person liable under this provision is a public officer
who had or has pending official business with a private
enterprise.
The act constituting the crime is accepting or having any
member of his family accept employment in that private
enterprise (1) during the pendency of the official business
or (2) within one year after its termination.
Sec. 3(e) Causing Undue Injury to Any Party, or Giving
Any Private Party Unwarranted Benefits, Advantage or
Preference Through Manifest Partiality, Evident Bad
Faith or Gross Inexcusable Negligence
Ways of Committing:
1. Causing any undue injury to any party, including
the Government;
2. Giving any private party unwarranted benefit,
advantage or preference;
To be liable under this provision, the public officer must act
through manifest partiality, evident bad faith or gross
inexcusable negligence.
Sec. 3(e) may be committed by dolo or culpa.
Elements of Sec. 3(e)
1. Offender is a public officer or private person
charged in conspiracy with the former;
2. He commits the prohibited acts during the
performance of his official duties or in relation to
his public position;
3. He causes undue injury to any party, whether the
government or a private party;
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4. Such undue injury is caused by giving
unwarranted benefits, advantage or preference
to such parties;
5. He acted with manifest partiality, evident bad faith
or gross inexcusable negligence.
The act constituting the crime is causing any undue injury
to any party, including the Government, or giving any
private party any unwarranted benefits, advantage or
preference in the discharge of the official administrative or
judicial functions.
The word unwarranted means lacking adequate or official
support; unjustified; unauthorized; or without justification
or adequate reason.
Advantage means more favorable or improved position or
condition; benefit, profit or gain of any kind; benefit from
some cause of action.
Preference signifies priority or higher evaluation or
desirability; choice or estimation above another.
Undue injury is actual damage. Undue means more than
necessary, not proper, or illegal.
Manifest partiality has been characterized as a clear,
notorious or plain inclination or predilection to favor one
side rather than the other.
Evident bad faith connotes not only bad judgment but also
palpably and patently fraudulent and dishonest purpose to
do moral obliquity or conscious wrongdoing for some
perverse motive or ill will.
Gross negligence is negligence characterized by the want
of even slight care, acting or omitting to act in a situation
where there is a duty to act, willfully and intentionally,
with a conscious indifference to consequences as far as
other persons are concerned.
 It is the omission of that care which even
inattentive and thoughtless men never fail to take
on their own property.
The last sentence is intended to make clear the inclusion of
officers and employees of offices or government
corporations which, under the ordinary concept of “public
officers” may not come within the term.
Sec. 3(f) Neglecting or Refusing, After Due Demand or
Request, Without Sufficient Justification to Act on Any
Matter Pending Before Him for Obtaining Some
Pecuniary or Material Benefit or Advantage, or of
Favoring His Own Interest
Elements of Sec. 3(f)
1. Offender is a public officer;
2. He has neglected or has refused to act without
sufficient justification after due demand or
request made on him;
3. Reasonable time has elapsed from such demand or
request without the public officer having acted on
the matter pending before him;
4. Such failure to so act is for the purpose of
obtaining from any person interested in the matter
some pecuniary or material benefit or advantage in
favor of an interested party, or discriminating
against another.
Sec. 3(g) Entering, On Behalf of the Government, Into
Any Contract or Transaction Manifestly and Grossly
Disadvantageous to the Same
Elements of Sec. 3(g)
1. Offender is a public officer;
2. He enters into a contract or transaction on behalf
of the Government;
3. The contract or transaction is grossly and
manifestly disadvantageous to the government.
The person liable under this provision is any public officer
who has the duty under the law to enter, on behalf of the
Government, into any contract or transaction with any
person.
The contract or transaction must be manifestly and
grossly disadvantageous to the Government to hold the
public officer liable.
This provision partakes of the nature of a malum
prohibitum, it is the commission of the act as defined by the
law, NOT the character or effect.
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 Profit or intent to profit is NOT an element of the
crime.
Manifest means obvious to the understanding; evident to
the mind.
Gross means flagrant, shameful, such conduct as is not to
be excused.
When the contract is rescinded before the filing of the
criminal complaint, the same becomes non-existent as if
no contract was ever executed – NO liablity.
Sec. 3(e) vs. Sec. 3(g)
Violation of Sec. 3(e) requires that there be injury caused
by giving unwarranted benefits, advantages or preferences
to private parties who conspire with public officers; Sec.
3(g) DOES NOT require the giving of unwarranted
benefits, advantages or preferences to private parties, its
core element is engagement in a transaction or contract
that is grossly and manifestly disadvantageous to the
government.
Sec. 3(h) Having Financial or Pecuniary Interest in Any
Business, Contract or Transaction in Connection With
Which He Intervenes or Takes Part in His Official
Capacity, or He is Prohibited by the Constitution or by
Any Law From Having Any Interest
The person liable under this provision is any public officer
who intervenes or takes part in his official capacity in any
business, contract or transaction, or any public officer who
is prohibited by the Constitution or by any law from
having any interest.
Two Modes of Violating Sec. 3(h)
1. Public officer, in connection with his financial or
pecuniary interest in a business, contract or
transaction, intervenes or takes part in his official
capacity;
2. Public officer possesses such financial or
pecuniary interest and said possession is
prohibited by the Constitution or of any other law.
Elements of Sec. 3(h)
1. Offender is a public officer;
2. He has financial or pecuniary interest in any
business, contract, or transaction;
3. He either –
a. Intervenes or takes part in his official
capacity in connection with such interest;
b. He is prohibited from having such interest
by the Constitution of by law.
A public officer who intervenes in a contract or transaction
that has no relation to his office CANNOT be liable under
Sec. 3(h).
 It is necessary that by reason of his office, he has to
intervene in said contracts or transactions.
Actual intervention is required.
The law aims to prevent dominant use of influence,
authority and power.
Sec. 3(i) Becoming Interested, For Personal Gain, or
Having Material Interest in any Transaction or Act
Requiring Approval in any Group of Which He is a
Member, and Which Exercises Discretion Even if he
Votes Against
The person liable under this provision is any public officer
who is a member of a board, panel or group which
exercises discretion in the approval of any transaction or
act.
The act constituting the crime is becoming interested, for
personal gain, or having material interest in any
transaction or act requiring approval of such board, panel or
group.
The public officer is liable even if he votes against the same
or does not participate.
The public officers responsible for the approval of
manifestly unlawful, inequitable or irregular transactions or
acts by the group are presumed to have acquired interest
for personal gain.
Sec. 3(j) Knowingly Approving or Granting Any
License, Permit, Privilege or Benefit in Favor of Any
Person Not Qualified or Not Legally Entitled
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The person liable under this provision is the public officer
who has the duty of approving or granting any license,
permit, privilege or benefit.
Requesting or receiving any gift, present or benefit is NOT
required in this provision.
Sec. 3(k) Divulging Valuable Information of a
Confidential Character, Acquired by His Office or by
Him on Account of His Official Position; Releasing Such
Information In Advance
The person liable under this provision is any public officer
who, on account of his official position, or whose office,
acquired valuable information of a confidential character.
The acts constituting the crime are –
1. Divulging such valuable information to
unauthorized persons;
2. Releasing such information in advance of its
authorized date.
Sec. 4 – Prohibition on Private Individuals
Paragraph (a)
The offender under this paragraph (a) is any person who
has family or close personal relation with any public
official who has to intervene in some business, transaction,
application, request or contract of the government with any
other person.
The act constituting the crime is capitalizing or exploiting
or taking advantage of such family or close personal
relation by requesting or receiving any present, gift, or
material or pecuniary advantage from the person having the
business, transaction, application, request or contract with
the government.
Family here includes the spouse or relatives by
consanguinity or affinity in the third civil degree.
The word close personal relation includes close personal
friendship, social and fraternal connections, and
professional employment all giving rise to intimacy.
Paragraph (b)
This provision punishes any person who knowingly induce
or cause any public official to commit any of the offenses
in Sec. 3.
Sec. 5 Prohibition on Certain Relatives
Sec. 5 prohibits certain relatives of the President, Vice-
President, Senate President and Speaker to intervene in
any business, etc. with the Government.
Exceptions:
1. Any person who, prior to the assumption of office
of any of those officials to whom he is related, has
been already dealing with the Government
along the same line of business, nor to any
transaction, contract or application already existing
or pending at the time of such assumption of office;
2. Any application filed by him, approval of which is
NOT discretionary on the part of the official or
officials concerned but depends upon compliance
with the requisites provided by law;
3. Any act lawfully performed in an official capacity
or in the exercise of a profession.
Sec. 9 mentions the penalties for any public officer or
private person for committing any of the unlawful acts or
omissions in Sections 3, 4, 5 and 6.
 However, perpetual disqualification from public
office, and confiscation or forfeiture in favor of the
Government of any prohibited interest and
unexplained wealth can hardly be imposed on a
private person.
Public officers charged with violation of RA 3019 or
bribery CANNOT retire or resign pending the investigation
of that crime (Sec. 12).
A public officer against whom criminal prosecution under
a valid information under this Act or Title 7, Book II of the
RPC or for any offense involving fraud upon government
or public funds or property is pending in court shall be
suspended from office.
Suspension is NOT a penalty but is merely a preventive
measure.
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Suspension CANNOT be automatic.
 While it is mandatory, a hearing on the issue of the
validity of the information must first be had (Pre-
suspension hearing).
Pre-suspension hearing may be dispensed with if numerous
pleadings filed for or against hem have achieved the goal of
the procedure.
The maximum duration of preventive suspension is 90
days.
In case of acquittal, the public officer is entitled to
reinstatement plus backwages.
Violations of the Anti-Graft and Corrupt Practices Act
prescribe in 15 years (Sec. 11).
 If they were committed before March 16, 1982
(effectivity of BP 195), they prescribe in 10 years;
while those committed after the effectivity of BP
195 shall prescribe in 15 years.
Sec. 14 – Exception
Unsolicited gifts or presents of small or insignificant
value offered or given as a mere ordinary token of
gratitude or friendship according to local customs or usage,
shall be excepted from the provisions of this Act.
RA 1379 – Anti-Graft Law
The proceeding under Art. 1379 is NOT a criminal
proceeding, because it does not terminate in the imposition
of penalty but merely in the forfeiture of the properties
illegally acquired in favor of the State.
 It is a civil proceeding.
However, in Cabal v. Kapunan, Jr. it has been held that
such forfeiture partakes of the nature of a penalty.
In Almeda, Sr. v. Perez forfeiture proceedings may be civil
or criminal¸ in rem or in personam.
RA 7080 – Anti-Plunder Law
Plunder is committed by any public officer who, by himself
or in connivance with members of his family, relatives by
affinity or consanguinity, business associates, subordinates
or other persons, amasses, accumulates or acquires ill-
gotten wealth through a combination or series of overt or
criminal acts as described in Sec. 1(d), in the aggregate
amount of at least P50,000,000.
Any person who participated with the said public officer
shall likewise be punished for such offense.
The degree of participation and the attendance of
mitigating and extenuating circumstances as provided by
the RPC shall be considered by the court.
All ill-gotten wealth and their interests and other incomes
and assets shall be forfeited in favor of the State.
Ill-gotten wealth means any asset, property, business
enterprise or material possession of any person within the
purview of Sec. 2 acquired by him through dummies,
nominees, agents, subordinates and/or business associates
by any combination or series of the following means or
similar schemes:
1. Through misappropriation, conversion, misuse or
malversation of public funds or raids on the public
treasury;
2. Receiving any commission, gift, share, percentage,
kickbacks or any other for of pecuniary benefit
from any person and/or entity in connection with
any government contract or project or by reason of
the office or position of the public officer;
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions, agencies or
instrumentalities or government-owned or
controlled corporations and their subsidiaries;
4. Obtaining, receiving or accepting any shares of
stock, equity or any other form of interest or
participation including the promise of future
employment in any business enterprise or
undertaking;
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5. Establishing agricultural, industrial or commercial
monopolies or other combinations and/or
implementation of decrees and orders intended to
benefit particular persons or special interests;
6. Taking undue advantage of official position,
authority, relationship, connection or influence to
unjustly enrich himself or themselves at the expense
and to the damage and prejudice of the Filipino
people and the Philippines.
ELEMENTS OF PLUNDER
1. Offender is a public officer acting by himself or in
connivance with those mentioned;
2. He amasses, accumulates or acquires ill-gotten
wealth;
3. Aggregate amount of the ill-gotten wealth is at
least P50,000,000;
4. Such ill-gotten wealth – defined as any asset,
property, business enterprise or material
possession of any of the persons within the purview
of Sec. 2 – has been acquired through dummies,
nominees, agents, subordinates and/or business
associates by any combination or series of the acts
mentioned in Sec. 1(d).
A non-sitting president is NOT immune from criminal
prosecution for plunder, bribery and graft and corruption.
For purposes of establishing the crime of plunder, it is
sufficient to establish beyond reasonable doubt a pattern of
overt or criminal acts indicative of the overall unlawful
scheme or conspiracy to amass, accumulate or acquire ill-
gotten wealth.
It is enough to prove only a number of acts sufficient to
form a combination or series, which would constitute a
pattern involving at least P50M.
A pattern consists of at least a combination or series of
overt or criminal acts under Sec. 1(d). Pursuant to Sec. 2,
the pattern of overt or criminal acts is directed towards a
common purpose or goal which is to enable the public
officer to amass, accumulate or acquire ill-gotten wealth.
 There must be an overall unlawful scheme or
conspiracy to achieve said common goal.
 The term overall unlawful scheme indicates a
general plan of action or method which the people
involved follow to achieve the common goal.
 If there is NO overall scheme or where the schemes
or methods used vary, the overt or criminal acts
must form part of a conspiracy to attain a
common goal.
Combination refers to at least two acts falling under
different categories (of the enumeration provided in Sec.
1[d]).
To constitute series there must be two or more overt or
criminal acts falling under the same category of
enumeration found in Sec. 1(d).
In American Jurisdiction, the presence of several accused
in multiple conspiracies commonly involves two structures:
1. The so-called wheel conspiracy or circle
conspiracy – there is a single person or group
(hub) dealing individually with two or more
persons or groups (spokes);
2. Chain conspiracy – usually involving the
distribution of narcotics or other contraband, in
which there is successive communication and
cooperation in much the same way as the
legitimate operations between manufacturer and
wholesaler, and then wholesaler and retailer, and
then retailer and consumer.
It is the commission of criminal acts in furtherance of the
acquisition of ill-gotten wealth that must be established in
plunder.
If the crime of plunder is committed by a public official or
employee occupying the position with Salary Grade “27”
or higher the Sandiganbayan shall have jurisdiction to
try the case.
 RA 7080 provisionally placed the crime of plunder
within the jurisdiction of the Sandiganbayan until
otherwise provided by law.
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Art. 213 – Frauds Against the Public Treasury and of contracts, or the adjustment or settlement of accounts
Similar Offenses relating to public property or funds.

Acts Punishable It is consummated by merely entering into an agreement

with any interested party or speculator or by merely making
1. Entering into an agreement with an any interested use of any other scheme to defraud the Government.
party or speculator or making use of any other
scheme, to defraud the Government, in dealing  It is NOT required that he succeeded in
with any person with regard to – defraudation or that damage was sustained by the
a. Furnishing supplies; Government.
b. Making of contracts;
ELEMENTS OF ILLEGAL EXACTIONS
c. Adjustment or settlement of accounts
relating to public property or funds;
1. Offender is a public officer entrusted with the
2. Demanding payment of sums different from or
collection of taxes, licenses, fees and other imposts;
larger than those authorized by law, in the
2. He is guilty of:
collection of taxes, licenses, fees, and other
a. Demanding the payment of sums different
imposts;
from or larger than those authorized by
3. Failing voluntarily to issue a receipt, as provided
law;
by law for any sum of money collected by him
b. Failing voluntarily to issue a receipt, as
officially, in the collection taxes, licenses, fees, and
provided by law, for any sum collected by
other imposts;
him;
4. Collecting or receiving by way of payment or
c. Collecting or receiving by way of
otherwise, things or objects of a nature different
payment or otherwise, things or objects of
from that provided by law, in the collection of
a nature different from that provided by
taxes, licenses, fees, and other imposts.
law.
1st way is the crime of Frauds Against Public Treasury;
The crime of Illegal Exaction is malum prohibitum.
while the 2nd, 3rd and 4th ways are the crimes of Illegal
Exaction.  NO fraud or intent to defraud is required.
 Mere voluntary performance of the acts
ELEMENTS OF FRAUDS AGAINST PUBLIC
enumerated suffices.
TREASURY
 NO damage is required.
1. Offender is a public officer;
Mere demand for larger or different amount is sufficient to
2. He takes advantage of his office – he intervened in
consummate the crime.
the transaction in his official capacity;
3. He entered into an agreement with any interested  It is NOT necessary that the taxpayer actually pays
party or speculator or made use of any other such different amount.
scheme with regard to:
a. Furnishing supplies; In illegal exaction as in malversation, the offender, is NOT
b. The making of contracts; just an ordinary public officer but an accountable public
c. Adjustment or settlement of accounts officer.
relating to public property or funds.
4. He had intent to defraud the Government.  He is entrusted with the custody of public funds
and property under the duty to disburse and
Offender must have the duty as public officer to deal with account for the same in accordance with law.
any person with regard to furnishing supplies, the making

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If, in addition to illegal exaction, the offender
misappropriates the entire amount which he collected, his
additional liability would depend upon the character of the
funds, thus –
 His guilty of illegal exaction for the unauthorized
collection; for malversation of the corresponding
amount due to the Government (public funds); and
for estafa for the excess amount (private funds).
 The excess amount is private because the tax payer
was swindled by deceit and DID NOT become
public funds as the same was NOT legally paid to
or considered by the Government.
 This is logical if the intent to misappropriate only
arose as an afterthought or subsequent to the illegal
exaction.
It is HOWEVER submitted that if from the start the
offender acted with animo feloncio and the illegal exaction
was the necessary means employed for the obtention of the
amounts, then he would be liable for the complex crime of
malversation and/or estafa through illegal exaction.
If the accused who collected the amount was NOT an
accountable public officer but merely pretended to be such,
the crime is only estafa.
 Both illegal exaction and malversation require the
status of an accountable public officer.
Art 213 is NOT applicable to officers or employees of the
Bureau of Internal Revenue or Bureau of Customs.
Art. 214 – Other Frauds
ELEMENTS:
1. Offender is a public officer;
2. He takes advantage of his official position;
3. He commits any of the frauds or deceits
enumerated in Arts. 315 to 318.
Arts. 315 to 318
1. Estafa (Art. 315);
2. Other forms of swindling (Art. 316);
3. Swindling a minor (Art. 317);
4. Other deceits (Art. 318).
Note: Art. 214 mentions “in addition to the penalties
prescribed in the provisions of Chapter Six, Title Ten,
Book Two, of this Code…”
 This simply means that if the crimes under Arts.
315 to 318 were committed by a public officer
who, takes advantage of his official position, he
will be liable for both Art. 214 and the crime
actually committed in Arts. 315 to 318.
 But the penalty imposed is NOT imprisonment, but
special disqualification.
Art. 215 – Prohibited Transactions
ELEMENTS:
1. Offender is an appointive public officer;
2. He becomes interested in any transaction of
exchange or speculation;
3. The transaction takes place within the territory
subject to his jurisdiction;
4. He becomes interested in the transaction during his
incumbency.
Purchasing stocks or shares in a company is simply an
investment and is NOT a violation of Art. 215.
 But buying regularly securities for resale is
speculation.
Under Art. 14 of the Code of Commerce, the following are
appointive public officers:
1. Justices, judges or fiscals;
2. Employees engaged in the collection and
administration of public funds.
Art. 216 – Prohibited Interest
Who Are Liable:
1. Public officer who became interested in any
contract or business in which it was his official
duty to intervene;
2. Experts, arbitrators and private accountants who,
in like manner, took part in any contract or
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transaction connected with the estate or property in
the appraisal, distribution or adjudication of which
they had acted;
3. Guardians and executors with respect to the
property belonging to their wards or the estate.
Actual fraud is NOT necessary.
 The act is punished because of the possibility that
the officer may commit fraud or place his own
interest above that of the Government.
Art. 217 – Malversation of Public Funds
In malversation of public funds or property under Art. 217,
the government is the offended party entitled to the civil
liabilities of the accused.
Acts Punishable in Malversation
1. Appropriating public funds or property;
2. Taking or misappropriating the same;
3. Consenting, or through abandonment or
negligence, permitting any other person to take
such public funds or property;
4. Being otherwise guilty of the misappropriation or
malversation of such funds or property.
The penalty is the same whether committed with malice or
through negligence or imprudence.
COMMON ELEMENTS
1. Offender is a public officer;
2. He had the custody or control of funds or
properties by reason of the duties of his office;
3. Those funds or properties were public, for which
he was accountable;
4. He appropriated, took, misappropriated or
consented or, through abandonment or negligence,
permitted another person to take them.
Nature of the duties of the public officer, NOT name of
office, is controlling.
Malversation may be committed either intentionally or by
negligence.
The public officer must have (1) the official custody of
public funds or property or the duty to collect or receive
funds due the government, and (2) the obligation to account
for them to the government, in order to be held liable for
malversation.
A public officer having only a qualified charge of
Government property CANNOT be held liable for
malversation.
 They are liable for theft.
Note: The defense of qualified charge will only
acquit a person from a charge of malversation if (1)
he had NO authority to receive the money; and (2)
he was NOT an accountable officer – that their
only responsibility was towards their immediate
superiors, who in turn, were the ones directly
responsible to the Government.
When a private person induces a public officer or by
necessary acts aids a public officer in consenting or
permitting such public funds to fall into the hands of a
swindler, he must held equally liable with such public
officer for malversation.
Government funds include revenue funds and trust funds.
Those considered public funds:
1. Red Cross, Anti-Tuberculosis Society and Boy
Scouts funds received by an assistant cashier of the
provincial treasurer by virtue of his official
position, for custody;
2. Postal money orders;
3. Money received by the sheriff as redemption price;
4. Money received by the sheriff to indemnify him
against any claim for damages;
5. NARIC funds received by a municipal treasurer as
ex oficio in charge of the funds of the NARIC in
the municipality – they become public funds when
they are entrusted to a public officer for his
official custody;
6. Proceeds of sale of sweepstakes tickets.
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Firearms or explosives seized from persons NOT
authorized to possess the same, which are in the custody of
peace officers, are public property.
Private property may be involved in malversation.
 Under Art. 222, the phrase “even if such property
belongs to a private individual” make accountable
public officers guilty of malversation for other
funds or property, even if they belong to private
individuals, as long as such funds or property
are placed in their custody.
 The private funds or property shall be the subject
matter of malversation if the funds or property are
attached, seized or deposited by a public authority
and the same was committed by a private
individual who is the administrator or depository
of such funds or property.
The status of public funds is determined by:
1. Source of the fund (national, provincial, municipal,
etc.);
2. Whether it is in the custody of an officer for a
public purpose;
3. If it is in the custody of an officer under the duty to
account for the same.
Different Acts of Malversation Under Art. 217
1. Appropriating public funds or property.
 To appropriate public funds or property
includes every attempt to dispose of the same
without right.
2. Taking or misappropriating public funds or
property.
 Taking here is the same as that in theft. There
is NO need for the funds to be spent.
 Misappropriation is committed when the funds
is spent.
3. Consenting or permitting, through abandonment
or negligence, any other person to take public
funds or property.
 The negligence of the accountable public
officer must be positively and clearly shown to
be inexcusable, approximating malice or fraud.
 The law considers what would be reckless,
blameworthy, or negligent in the man of
ordinary intelligence and prudence and
determines liablity to that.
In malversation NOT committed through negligence, lack
of criminal intent or good faith is a defense.
The failure or inability of a public officer, who has custody
of public funds, to refund the shortage upon demand by the
duly authorized offices constitutes prima facie evidence
of malversation.
 He may be convicted of malversation even if the
only evidence is that there is a shortage in his
accounts which he has not been able to explain
satisfactorily.
Return of the funds malversed is a mitigating
circumstance.
 Damage is NOT an element of malversation.
 This is a similar circumstance as that of surrender
(par. 7 in relation to par. 10 of Art. 13)
 HOWEVER, it is NOT mitigating when the
offender returned the government property after
several years and property was already scrap.
All that is necessary for conviction is proof that the
accountable officer had received the public funds and that
he did not have them in his possession when demand was
made and he could not satisfactorily explain his failure so
to account.
If at the very moment when the shortage is discovered, the
officer notified at once presents the money, NO prima facie
evidence can be established.
Demand is NOT necessary in malversation.
 The last paragraph merely creates a presumption
that the public officer, if he cannot satisfactorily
explain why there is a shortage in his accounts, is
guilty of malversation.
 It merely raises a prima facie presumption that the
missing funds have been put to personal use.
A person whose negligence made it for another to commit
malversation may be held liable as principal by
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indispensable cooperation. Damage to the Government,
NOT necessary.
Art. 218 – Failure of Accountable Officer to Render
Account
ELEMENTS:
1. Offender is a public officer, whether in the service
or separated therefrom;
2. He must be an accountable officer for public funds
or property;
3. He is required by law or regulation to render
accounts to the Commission on Audit, or to a
provincial auditor;
4. He fails to do so for a period of two months after
such accounts should be rendered.
Demand for accounting is NOT necessary.
Misappropriation is NOT necessary.
 If there be misappropriation, he would be liable
also for malversation in Art. 217.
Art. 219 – Failure of a Responsible Public Officer to
Render Accounts Before Leaving the Country
ELEMENTS:
1. Offender is a public officer;
2. He has certain accounts to be finally settled;
3. He must have unlawfully left (or be on the point of
leaving) the Philippines WITHOUT securing from
the Commission on Audit a certificate showing that
his accounts have been finally settled.
The act of leaving the country must be unauthorized or not
permitted by law.
If the accused is an accountable public officer and he has
also violated Arts. 217 and 218 his liability under this
article will be in addition thereto.
Art. 220 – Technical Malversation
ELEMENTS:
1. Offender is a public officer;
2. There is public funds or property under his
administration;
3. Such public fund or property has been
appropriated by law or ordinace;
4. He applies the same to a public use other than that
for which such fund or property has been
appropriated by law or ordinance.
There is NO technical malversation if there is NO law or
ordinance appropriating public funds or property for a
particular purpose.
 An authorization is NOT the same as a law or
ordinance.
There must be NO personal conversion, otherwise he will
be liable for malversation under Art. 217.
An accused can be held liable for malversation under
Art. 217 if the funds applied to a public use are NOT
appropriated by law or ordinance.
 He disposed of the same WITHOUT right –
appropriation.
Technical Malversation vs. Malversation
1. In both crimes, the offenders are accountable
public officers;
2. The offender in technical malversation does not
derive any personal gain or profit; in
malversation, the offender in certain cases profits
from the proceeds of the crime;
3. In technical malversation public fund or property is
applied to another public use; in malversation,
public fund or property is applied to the personal
use and benefit of the offender or of another
person.
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Art. 221 – Failure to Make Delivery of Public Funds Art. 223 – Conniving With or Consenting to Evasion
or Property
This article punishes a public officer who, having public
funds or property under his administration or in his
custody, fails to make payment despite his obligation to
do so or to deliver the property although it was so ordered
by competent authority.
Acts Punishable
1. Failing to make payment by a public officer who
is under obligation to make such payment from
Government funds in his possession;
2. Refusing to make delivery by a public officer who
has been ordered by competent authority to deliver
any property in his custody or under his
administration.
ELEMENTS OF FAILURE TO MAKE PAYMENT
1. Public officer has Government funds in his
possession;
2. He is under obligation to make payment from such
funds;
3. He fails to make the payment maliciously.
Under par. 2 (refusal to make delivery of property) the
refusal must likewise be malicious.
Art. 222 – Who Are Liable in the Preceding
Provisions
Private Individuals Who May Be Liable Under Arts.
217 to 221
1. Those who, in any capacity whatever, have charge
of any national provincial or municipal funds,
revenue, or property;
2. Administrator or depository of funds or property
attached, seized or deposited by public authority,
even if such property belongs to a private
individual.
Private property is included, provided it is (1) attached, (2)
seized, or (3) deposited by a public authority.
This felony may be committed by a public officer who has
the official charge or custody of a prisoner.
ELEMENTS
1. Offender is a public officer;
2. He had in his custody or charge, a prisoner, either
detention or prisoner by final judgment;
3. Such prisoner escaped from his custody;
4. He was in connivance with the prisoner in the
latter’s escape.
A detention prisoner is a person in legal custody, arrested
for, and charged with, some crime or public offense.
Release of detention prisoner who could not be delivered to
the judicial authority within the time fixed by law (Art.
125), is NOT infidelity in the custody of prisoner.
 There is a lawful and insuperable cause – to avoid
a violation of Art. 125.
Leniency or laxity is NOT infidelity.
 HOWEVER, unjustifiable leniency or special
treatment extended by custodians, as would permit
the prisoner to avoid the rigors consequent to his
imprisonment, would constitute a violation.
There is real and actual evasion of service of sentence
when the custodian permits the prisoner to obtain a
relaxation of his imprisonment and to escape the
punishment of being deprived of his liberty.
 The penalty became ineffectual.
 Allowing a prisoner to go out of jail, thereby giving
him an opportunity to escape with ease is
connivance.
The public officer will be guilty under Art. 223, if he
utilizes the prisoner’s services for domestic chores.
If the public officer charged with the duty of guarding the
prisoner DOES NOT connive with the fugitive, he has not
violated the law.
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Consenting to Evasion vs. Delivering Prisoners from Detention prisoners are included Art. 224.
Jail
Not every negligence or distraction is penalized.
Consenting to Delivering  It is only that positive carelessness that is short of
Evasion Prisoners from
Jail deliberate non-performance of his duties.

As to the It is committed It is committed A failure to undertake the necessary precautions will make
manner of by conniving by removing the act of the police officer one of definite laxity or
committing the in or from jail a negligence amounting to deliberate non-performance of
crime. consenting to prisoner his duty.
the escape of a confined
prisoner. therein or
Connivance is NOT necessary in Art. 224.
helping in the
escape of such
prisoner. If the officer recaptured the prisoner who had escaped, he
is still liable for infidelity.
As to the It is committed It is committed
persons by a public by an outsider The prisoner who escaped shall likewise be liable for
committing the officer having or by a public evasion of service of sentence under Art. 157 if he is a
crime. the legal officer who prisoner by final judgment.
charge or does not have
custody of a charge or
prisoner. custody of the  If he is a detention prisoner, he incurs NO liability.
prisoner.

When the detained prisoner is one charged with violation/s

of RA 9372 (Human Security Act), the penalty for
infidelity in the custody of such prisoner is punished in that
same law (Sec. 44).
 Prosecution under RA 9372 is a bar to any
prosecution under the RPC or any other special law
(Sec. 49).
Art. 224 –Evasion Through Negligence
ELEMENTS
1. Offender is a public officer;
2. He is charged with the conveyance or custody of a
prisoner, either detention prisoner or prisoner by
final judgment;
3. Such prisoner escapes through his negligence.
Art. 225 – Escape of Prisoner Under the Custody of
a Person Not a Public Officer
This felony may be committed only by a private person.
ELEMENTS
1. Offender is a private person;
2. Conveyance or custody of a prisoner or person
under arrest is confided to him;
3. Prisoner or person under arrest escapes;
4. Offender consents to the escape of the prisoner or
person under arrest, or that the escapes takes place
through his negligence.
Art. 225 DOES NOT apply if a private person conducted
the arrest.

If there is a conveyance of custody of the prisoner from one Art. 226 – Removal, Concealment or Destruction of
officer to another, the second officer WILL NOT be liable Documents
if there is no transfer of custody of the prisoner yet.

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ELEMENTS
1. Offender is a public officer;
2. He abstracts, destroys or conceals documents or
papers;
3. Said documents or papers should have been
entrusted to such public officer by reason of his
office;
4. That damage to a third party or to the public
interest should have been caused.
Only public officers who have been officially entrusted with
the documents or papers can be held liable.
The document must be complete.
 A right could be established or an obligation could
be extinguished.
A document is a written instrument by which something is
proven or made of record.
Papers include checks, promissory notes, and paper
money.
The terms documents or papers is defined as a deed,
instrument or other duly authorized paper by which
something is proved, evidenced or set forth.
Books, pamphlets or periodicals sent through mail for
commercial purposes are NOT considered documents for
purposes of these offenses.
Post office official may be guilty of infidelity in the
custody of papers.
 The subject matter here are mail letters.
A postmaster is held liable here because when he commits
the act, in addition to the actual injury done to the owner,
there is real and positive injury to the postal service and,
hence, to the public interest.
Any person, other than an officer or employee of the
Bureau of Posts, who unlawfully opens or detains mail
matter is punished under Sec. 2756 of the Revised
Administrative Code.
 If the culprit is an officer or employee of the
Bureau of Posts, Art. 226 applies.
Money bills receives as exhibits in court are papers.
 A deputy clerk who takes away such money, is
guilty of Art. 226.
The mere act of retaining the mail without delivering it to
the addressee is infidelity in the custody of documents.
The postmaster who received money orders, collected and
appropriated the amounts thereon and signed the
signatures of the payees is guilty of the separate crimes of
malversation and falsification, falsification having been
committed to conceal malversation.
Acts Punishable:
1. Removing;
2. Destroying;
3. Concealing documents or papers officially
entrusted to the offending officer.
The removal must be for illicit purpose.
 There must be a criminal intent.
It is for an illicit purpose when the intention of the offender
is –
1. To tamper with it;
2. Profit by it;
3. Commit an act constituting a breach of trust in the
official care thereof.
It is consummated upon its removal or secreting away
from its usual place in the office.
 It is immaterial whether he has actually
accomplished the illicit purpose or not.
If the act committed is by destroying or concealing it, it is
not required that there be an illicit purpose.
 The offender could NOT have a good motive here.
Delivering document to the wrong party is infidelity in the
custody of document.
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The fourth element (damage) exists whenever –
1. Serious damage is caused thereby to a third party
or to the public interest;
2. The damage caused to a third party or to the public
interest is not serious.
Damage to public interest or third party NEED NOT be
pecuniary or material.
 Damage may consist in mere alarm to the public or
in the alienation of its confidence.
Returning of the money bills to the third party DOES NOT
remove liability.
 There was damage to the public interest caused by
the accused.
If the acts herein are committed by a private individual, the
crime is estafa if with the intent to defraud; otherwise it
may only be malicious mischief.
When the removal, concealment or destruction of official
documents under Art. 226 also constitutes a violation of PD
1829 (Obstruction of Justice), the penalty to be imposed
will be:
1. That provided for under Art. 226 if serious
damage is caused, in such case, prision mayor.
2. That provided for under PD 1829 if the damage is
not so serious, in such case, prision correccional in
its maximum period.
 Under Art. 226, if the damage is not so
serious, the penalty is prision correccional
in its minimum and medium periods.
 Sec. 1, last paragraph of PD 1829 provides that if
the acts under PD 1829 is penalized under any
other law with a higher penalty, the higher
penalty shall be imposed.
Art. 227 – Officer Breaking Seal
ELEMENTS
1. Offender is a public officer;
2. He is charged with the custody of papers or
property;
3. These papers or property are sealed by proper
authority;
4. He breaks the seals or permits them to be broken.
It is the breaking of seals, NOT the opening of a closed
envelope, which is punished under this article.
The public officer liable here is one who does not have
authority to break the seal.
Damage or intent to cause damage is NOT necessary.
Art. 228 – Opening of Closed Documents
ELEMENTS
1. Offender is a public officer;
2. Any closed papers, documents, or objects are
entrusted to his custody;
3. He opens or permits to be opened said closed
papers, documents or objects;
4. He DOES NOT have proper authority.
Custody means a guarding or safekeeping; care.
The crime is NOT committed if the closed document that
was opened WAS NOT entrusted to the public officer by
reason of his office.
The act SHOULD NOT fall under Art. 227.
Damage or intent to cause damage is NOT an element of
the offense.
Art. 229 – Revelation of Secrets by an Officer
Acts Punishable:
1. By revealing any secrets known to the offending
public officer by reason of his official capacity;
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2. By delivering wrongfully papers or copies of
papers of which he may have charge and which
should not be published.
Elements of No. 1:
1. Offender is a public officer;
2. He knows of a secret by reason of his official
capacity;
3. He reveals such secret without authority or
justifiable reason;
4. Damage, great or small, be caused to the public
interest
Secrets must affect public interests.
 NO crime if it does not.
Art. 229 applies to secrets affecting public interest of minor
consequence which are not specially punished.
 If what are revealed are secrets of the State and the
crime is committed in connivance with foreign
agents, the crime is espionage (Art. 117 or CA
616);
 If the offense is committed by private individuals,
it would be unlawful publication (Art. 154[3]).
 It is likewise unlawful publication if it is
committed by a public officer if the secrets
revealed were NOT acquired by him by virtue of
his office;
 If NO damage to public interest is caused, but the
information is confidential, the offense is
punishable under Sec. 3(c) of RA 3019, and the
private individual who induced such revelation is
likewise liable.
Secrets of private persons NOT included.
Elements of No. 2:
1. Offender is a public officer;
2. He has charge of papers;
3. Those papers SHOULD NOT be published;
4. He delivers those papers or copies to a third
person;
5. Delivery is wrongful;
6. Damage be caused to public interest.
The word charge means control or custody.
 If he is merely entrusted with the papers but not
with custody, he is NOT liable.
If the papers DO NOT contain secrets, their removal for an
illicit purpose is infidelity in the custody of documents.
Material damage to a third person is NOT necessary.
Sec. 46 of RA 9372 punishes any person, police or law
enforcement agent, judicial officer or civil servant who, not
being authorized by the Court of Appeals to do so, reveals
in any manner or form any classified information under
RA 9372.
Art. 230 – Public Officer Revealing Secrets of
Private Individual
ELEMENTS
1. Offender is a public officer;
2. He knows of the secrets of a private individual by
reason of his office;
3. He reveals such secrets without authority or
justifiable reason.
Public revelation is NOT required.
 Even if reveled to one person, he is liable.
Art, 230 refers to secrets affecting private interest which
the public officer learned by reason of his office.
 If the offender is a private individual, the offense
would be covered by Art. 290 (Discovering
Secrets Through Seizure of Correspondence) or
Art. 291 (Revealing Secrets With Abuse of
Office).
 If done by an attorney with regard to his client’s
secrets, it would be prevaricacion (Art. 209).
Damage to private individuals is NOT necessary.
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Art. 231 – Open Disobedience
ELEMENTS OF OPEN DISOBEDIENCE
1. Offender is a judicial or executive officer;
2. There is a judgment, decision or order of a superior
authority;
3. Such judgment, decision or order was made within
the scope of the superior authority’s jurisdiction
and issued with all legal formalities;
4. Offender without any legal justification openly
refuses to execute the said judgment, decision or
order, which he is duty bound to obey.
Openly means frankly, without concealment or publicly.
2. A competent authority demands from him that he
lend his cooperation towards the administration of
justice or other public service;
3. Offender maliciously fails to do so.
Damage is NOT an essential element.
 The penalty is higher if there is serious damage to
public interest or a third person;
 Otherwise, which means there may (not so serious)
or may not be damage, will result to a lower
penalty.
The public officer must have the official duty to render
assistance.

Prior demand for assistance is necessary.

Art. 232 – Disobedience to Order of Superior

Officer, When Said Order was Suspended by Inferior
Officer
Art. 234 – Refusal to Discharge Elective Office
ELEMENTS
ELEMENTS
1. Offender is elected by popular election to a public
1. Offender is a public officer;
office;
2. An order is issued by his superior for execution;
2. He refuses to be sworn in or to discharge the
3. He has for any reason suspended the execution of
duties of said office;
such order;
3. There is NO legal motive for such refusal to be
4. His superior disapproves the suspension of the
sworn in or to discharge the duties of his office.
execution;
5. Offender disobeys his superior despite the
There must be NO legal motive.
disapproval.
 If he is disqualified for such office, his refusal to be
This article DOES NOT apply if the order if the superior is
sworn in or discharge the duties of such office is
illegal.
justified.
What is punished by Art. 232 is insubordination or the act
Art. 234 is NOT applicable to appointive officers.
of defying a higher authority which is detrimental to
public interest.

Art. 235 – Maltreatment of Prisoners

Art. 233 – Refusal of Assistance ELEMENTS
ELEMENTS 1. Offender is a public officer or employee;
2. He has under his charge a prisoner or detention
1. Offender is a public officer;
prisoner;

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3. He maltreats such prisoner by –
a. Overdoing in the correction or handling of
a prisoner or detention prisoner under his
charge by –
i. Imposition of punishments not
authorized by law or regulation;
ii. Inflicting such punishments
(authorized) in a cruel and
humiliating manner.
b. Maltreating such prisoner to extort a
confession or to obtain some information
from the prisoner (Qualified).
The public officer must have actual charge of the
prisoner to hold him liable for maltreatment of prisoner.
To be a detention prisoner, the person arrested must be
placed in jail even for a short while.
 If a person who is arrested is maltreated before he
is booked and placed in jail even for a moment, the
crime committed is physical injuries.
 If the person was coerced by means of violence or
intimidation to admit the having committed a
crime, without having been booked and jailed – not
yet a prisoner – the crime is grave coercion.
The maltreatment must –
1. Relate to the correction or handling of the prisoner;
or
2. For the purpose of extorting a confession or of
obtaining some information from the prisoner.
If the injuries are committed by reason of a personal
grudge against the prisoner, the officer is liable for
physical injuries only.
 If physical injuries is caused while the officer is
performing acts punishable under maltreatment of
prisoners, his liability for both is separate.
Where the public officers are involved in the
maltreatment of the prisoner, the various legal
consequences are as follows –
1. If the victim was not an incarcerated prisoner, the
crime is physical injuries;
2. If the victim was not incarcerated and the purpose
of the maltreatment was to extort a confession from
him, the crime is coercion;
3. If the victim was an incarcerated prisoner and he
was maltreated by the person having custody of
him, he is liable for maltreatment of prisoners;
4. If the victim was incarcerated and was maltreated
by his custodian to extort a confession, the penalty
is increased – qualified;
5. If the victim was incarcerated and was maltreated
by a person who was not his custodian to extort a
confession, the crime is coercion;
6. If the custodian did not maltreat the prisoner but
allowed a third person to commit the maltreatment,
the custodian could be liable for prevaricacion
under Art. 208 for tolerating the commission of an
offense.
Art. 236 –Anticipation of Duties of a Public Office
ELEMENTS
1. Offender is entitled to hold a public office or
employment, either by election or appointment;
2. The law requires that he should first be sworn in
and/or should first give a bond;
3. He assumes the performance of the duties and
powers of such office;
4. He has not taken his oath of office and/or given the
bond required by law.
Art. 237 – Prolonging Performance of Duties and
Powers
ELEMENTS
1. Offender is holding a public office;
2. The period provided by law, regulations or special
provisions for holding such office, has already
expired;
3. He continues to exercise the duties and powers of
such office.
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A public officer who has been suspended, separated, 8. Flight to enemy country;
declared overaged, or dismissed is liable if he continues to 9. Piracy and mutiny;
perform the duties. 10. Rebellion;
11. Coup d’etat;
A public officer who continues to discharge his duties in a 12. Conspiracy and proposal to commit coup d’etat or
hold-over capacity is NOT covered by this Article. rebellion;
13. Disloyalty of public officers;
14. Inciting to rebellion;
15. Sedition;
Art. 238 – Abandonment of Office or Position 16. Conspiracy to commit sedition;
17. Inciting to sedition.
ELEMENTS
Abandonment of Office vs. Negligence and Tolerance in
1. Offender is a public officer; Prosecution of Offenses
2. He formally resigns from his position;
3. His resignation has NOT yet been accepted; 1. Abandonment of office or position is committed by
4. He abandons his office to the detriment of the any public officer; negligence and tolerance in the
public service; prosecution of offenses is committed by public
officers who have the duty to institute
There must be a written or formal resignation. prosecution for the punishment of violations of the
law;
Acceptance is necessary to make the resignation of a 2. In abandonment of office or position, the public
public officer operative and effective. officer abandons his office to evade the
discharge of his duty; in negligence and
To constitute a complete and operative resignation from tolerance, the public officer does not abandon his
public office, there must be: office but he fails to prosecute an offense by
dereliction of duty or by malicious tolerance of the
1. Intention to relinquish a part of the term;
commission offenses.
2. Act of relinquishment;
3. Acceptance by the proper authority.

If the purpose of such abandonment is to evade the

discharge of the duties of preventing, prosecuting or
punishing any of the crimes falling under Title One
(Crimes Against National Security and the Law of
Nations), and Chapter One of Title Three (Rebellion, Coup
Detat, Sedition, and Disloyalty), such abandonment is
qualified.
The crimes in qualified abandonment are:
Art. 239 –Usurpation of Legislative Powers
ELEMENTS
1. Offender is an executive or judicial officer;
2. He makes general rules or regulations beyond the
scope of his authority, or attempts to repeal a law,
or suspends the execution thereof.

1. Treason;
2. Conspiracy and proposal to commit treason;
3. Misprision of treason; Art. 240 – Usurpation of Executive Functions
4. Espionage;
5. Inciting to war or giving motives for reprisal; ELEMENTS
6. Violation of neutrality;
7. Correspondence with hostile country; 1. Offender is a judge;

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2. He assumes a power pertaining to the executive
authorities or obstructs the executive authorities in
the lawful exercise of their powers.
Note: Legislative officers are NOT liable for usurpation of
powers.
Art. 241 – Usurpation of Judicial Functions
ELEMENTS
1. Offender is an officer of the executive branch of
the Government;
2. He assumes judicial powers, or obstructs the
execution of any order or decision rendered by any
judge within his jurisdiction.
Arts 239 to 241 punishes interference by officers of one of
the three departments of government with functions of
officers of another department.
Performance of a quasi-judicial function will NOT make an
official liable for usurpation of judicial functions.
A mayor who tries a case is guilty under Art. 241.
Art. 242 – Disobeying Request for Disqualification
ELEMENTS
1. Offender is a public officer;
2. A proceeding is pending before such public officer;
3. There is a question brought before the proper
authority regarding his jurisdiction, which is NOT
yet decided.
4. He has been lawfully required to refrain from
continuing the proceeding;
5. He continues the proceeding.
The disobedient public officer is liable, even if later, the
jurisdictional question is resolved in his favor.
The offense here may be committed only by a judicial or
other authorized officer before whom a judicial, quasi-
judicial or administrative proceeding is pending and the
issue of jurisdiction is raised therein.
If in connection with the injunctive relief sought, a court
order was issued and disregarded, the offender may be held
liable for contempt.
Art. 243 – Orders or Requests by Executive Officers
to any Judicial Authority
ELEMENTS
1. Offender is an executive officer;
2. He addresses any order or suggestion to any
judicial authority;
3. The order or suggestion relates to any case or
business coming within the exclusive jurisdiction of
the courts of justice.
Legislative or judicial officers are NOT liable under this
article.
The purpose of this provision is to maintain the
independence of the judiciary.
Art. 244 – Unlawful Appointments
ELEMENTS
1. Offender is a public officer;
2. He nominates or appoints a person to a public
office;
3. Such person lacks the legal qualifications;
4. Offender knows that his nominee or appointee
lacks the qualification at the time he made such
nomination or appointment.
Note: Nominate is different from recommend.
There must be a law providing for the qualifications of a
person to be nominated or appointed to a public office.
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Art. 245 – Abuses Against Chastity
Ways of Committing:
1. Soliciting or making immoral or indecent
advances to a woman interested in matters pending
before the offending officer for decision, or with
respect to which he is required to submit a report to
or consult with a superior officer;
2. Soliciting or making immoral or indecent
advances to a woman under his custody;
3. Soliciting or making immoral or indecent
advances to the wife, daughter, sister or relative
within the same degree by affinity of any person in
the custody of the offending warden or officer.
o The offender’s public position will be
taken into account as an aggravating or
special qualifying circumstance as the case
may be.
Proof of solicitation is NOT necessary when there is sexual
intercourse.
The offenses in this article are NOT considered as crimes
against chastity wherein a sworn written complaint is
required.
 This may be prosecuted de oficio as abuses against
chastity.

ELEMENTS

1. Offender is a public officer;

2. He solicits or makes immoral or indecent
advances to a woman;
3. Such woman must be –
a. Interested in matters pending before the
offender for decision, or with respect to
which he is required to submit a report or
consult with a superior officer;
b. Under the custody of the offender who is a
warden or other public officer directly
charged with the care and custody of
prisoners or persons under arrest;
c. The wife, daughter, sister or relative within
the same degree by affinity of the person in
the custody of the offender.

Note: The mother of the person in the custody of the

offender is NOT included.

Solicit means to propose earnestly and persistently

something unchaste and immoral to a woman.

This felony is consummated by mere proposal.

 It is NOT necessary that the woman yielded to the

solicitation.
 If the offender succeeds in committing a crime
against chastity or rape, the solicitation will be
absorbed either as a preparatory act or as the
means employed to commit the crime.
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