Lesson 1

I. PRELIMINARY MATTERS

A. Criminal Law and crime defined

*Criminal Law is the branch of public law which defines crimes, treats of their nature and provides
for their punishment.

-note that when an act is declared by a law unlawful but no punishment is imposed for its
commission or violation, said law is not considered a criminal or penal law.

*crime is an act or omission in violation of the law punishing it. With this definition, not only acts
are being punished but also silence or inaction like the crime of misprision of treason (Article 116
of RPC)  or abandonment or person in danger (Article 275 of RPC).

B. Sources of criminal laws:

a) Revised Penal Code (RPC) -Book 1 and Book 2

b) Presidential Decrees (PD) – penal laws made during the Marshall law years

-ex. Presidential Decree No. 705 or PD 705 (Revised Forestry Code), PD 1612 (Anti-Fencing law); PD
1602 (anti-gambling law)

c) Special Penal Laws -passed by the Legislative body or law making body of the government,
now called Congress.

-ex. Republic Act No. 7610 or RA 7610 (child abuse law); RA 9165 (dangerous drugs law); RA 10883
(carnapping law); RA 10591 (firearms law); RA 11479 (the 2020 anti-terrorism law)

C. limitations in the enactment of penal laws

-Provisions of the 1987 Philippine Constitution particularly the bill of rights

-ex. -No deprivation of life, liberty or property w/o due process of law (Article 3, Section 1)

-No prohibition of the exercise of religion (Art. 3, Sec. 5)

-No inhumane, degrading or cruel punishment shall be imposed as penalty (Art. 3, Sec. 9)  

       
D. construction or interpretation of penal laws  

-against the state that made the law

 -Spanish text is controlling (as against the English texts)

E. characteristics of Criminal Laws:

1-general (laws are applicable to all persons who live and sojourn in the country as a general rule)

 2-territorial (laws are applicable within the territorial jurisdiction of the country as a general rule)

 3-prospective (laws are applicable to acts committed only after its enactment as a general rule)

II. REVISED PENAL CODE (RPC) –Act No. 3815, as amended

 A. BOOK 1     -date of enforcement (Jan.1, 1932)

                        -application of the provisions of the RPC

                        -general provisions regarding offenses, persons liable and penalties

B. BOOK 2      -FELONIES and PENALTIES

III. FELONIES under the RPC and CRIMES or OFFENSES under special laws

-Note that the words felony, crime, offense may be used in this module interchangeably and have
the same import or meaning. But note that when we use the word FELONY, it must refer specifically
to punishable acts or omissions covered by the Revised Penal Code.

A. CRIMES AGAINST NATIONAL SECURITY and LAW OF NATIONS (Articles 114 to 123)

-In this group of felonies, the life and security of the nation and its government is the paramount
consideration.

1. TREASON (Article 14)

*Treason is breach of allegiance to the Philippine government      

 *Elements of the crime:

(Note: when we use the word elements, also referred to as requirements or ingredients, it means
that ALL the enumerated elements, requirements or ingredients must be present, otherwise,
absence of any of them does not make or constitute the subject crime.)

a) The offender is a Filipino Citizen or a resident alien;

-even an alien (or a foreigner) but who is residing in this country can commit this crime;

b) There is war where the Philippines is involved; and

-the country is at war against another nation or an ally of one country which is at war against
another country.

c) The offender levies war against the government or adheres to enemy giving aid or comfort.

-to levy war means that offenders must actually assemble for treasonous purpose (such as to
overthrow the government) 

-adheres to enemy country giving aid or comfort (like when offenders provide enemy combatants 
fighting against the Philippine soldiers with arms; or join actively the enemy army against the
government soldiers; or serving as informer for the arrest of guerilla Filipino soldiers).

*This crime is committed only during war times (if happens during peace time, the crime is not
treason).

*This is considered a heinous offense under RA 7659 (the Act imposing death penalty), hence,
penalty is reclusion perpetua to death and fine not to exceed 100,000 pesos.

*When there is killing or other crimes like illegal detention during the commission of the
treasonous acts, such homicide, murder or illegal detention or other crimes cannot be made a
separate charge but is already part of the crime of treason.

*Evidence needed to convict the accused of treason:

          -at least two (2) witnesses who will prove the same overt act; OR

          -by judicial confession (voluntary admission of the crime or confession made in open court
during its proceedings)
*Case problem:

One witness testified that he saw the accused provided firearms to the Japanese army while
another witness testified that the same accused served as a spy for the Japanese army. Can there
be conviction? Answer is None. Why? Because only one witness testified on each overt act.

2. CONSPIRACY AND PROPOSAL TO COMMIT TREASON (Article 15)

-As a general rule, conspiracy or proposal to commit a crime is not punishable. Exception is Article
115 of RPC which expressly punish the mere act of conspiring to commit treason. Hence, even by
mere agreement between or among persons to commit treason is already a crime under Art. 115.

-rationale of the punishment of mere conspiracy to commit treason: the act being punished is
already a threat to the life or existence of the nation. Hence, this act has to be punished as a
measure to avoid invasion of the nation.

-This is also a war crime.

3. MISPRISON OF TREASON (Article 116)

*This is a crime by omission (in contrast to crime by acts)

   -In this crile, the offender who has knowledge about a conspiracy to commit treason going on
does not report said conspiracy to the authorities.

        *A war crime

4. ESPIONAGE (Article 117)

           *This crime may be committed in time of peace

            *Two (2) ways of committing espionage:

a) Any person who enters warship, fort or naval or military establishment or reservation to
obtain any information, plans photographs, or other data of confidential nature relative to the
defense of the Philippine Archipelago without authority; or

-Offender here could be a private individual or a public officer who has no authority to enter and
obtain confidential data etc.

b) A person in possession of articles, data, or information of a confidential nature relative to the

defense of the Philippines by reason of his public office who disclose their contents to a
representative of a foreign nation.
-Offender here is a public officer who is authorized to hold or possess the information (an insider)
but discloses it.

*Other acts of espionage are punished under Commonwealth Act No. 616          

5. INCITING TO WAR OR GIVING MOTIVES FOR REPRISAL (Article 118)

-The punishable act is the performance or doing of an unlawful or unauthorized act that provokes
or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino
citizens to reprisals on their persons or property.

         -Such as when Filipinos destroys the flag of a foreign nation publicly or brutally kill citizens of
foreign nation in public.

6. VIOLATION OF NEUTRALITY (Article 119)

-In this felony, there is a war in which the Philippine is not involved or the Philippines is neutral or
not taking sides to any of the nations at war.

-The punishable act is by violating the regulation issued in the country for the purpose of enforcing
neutrality.

 7. CORRESPONDENCE WITH HOSTILE COUNTRY (Article 120)

-A war crime whereby the offender makes correspondence (communication prohibited by the
government or carried on in ciphers or conventional sighs or containing information useful to the
enemy)  to the enemy country.

 8. FLIGHT TO ENEMY COUNTRY (Article 121)

-A war crime committed by a person owing allegiance to the Philippines who attempts to flee or go
to enemy country when such is prohibited by the Philippines.

-Note that just an attempt to flee is a crime already under this law.

9. PIRACY AND MUTINY IN THE PHILIPPINE WATERS OR HIGH SEAS  (Article 122)

       -as amended by RA 7659 (Act imposing death penalty on heinous crimes)                

*PIRACY

 -Two ways of committing this felony:

a) By attacking or seizing a vessel on the high seas or in Philippine waters (as amended by RA
7659); and

b) Not being a member of its complement nor a passenger, shall seize the whole or part of the
cargo of the vessel, its equipment or passengers.

    -penalty under the RA 7659 is reclusion perpetua and fine not exceeding P100,00.00.

    -same in mutiny

    -PD 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974)

-penalizes piracy committed in Philippine Waters; 

-penalizes passengers or members of the complements committing the crime;

-defines Philippine Water as all bodies of water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the islands of the Philippine Archipelago, irrespective of
its depth, breath or dimension, and all other waters belonging to the Philippines by historic or legal
title, including territorial sea, the sea bed, the insular shelves, and other submarine areas over which
the Philippine has sovereignty or jurisdiction.

-defines Vessel as any vessel or watercraft used for transport of passengers and cargo from one
place to another through Philippine Waters. It shall include all types of vessels or boats used in
fishing.

   *QUALIFIED PIRACY

-It is qualified piracy because of the presence of any of the following qualifying circumstances:       

a) whenever they have seized a vessel by boarding or firing upon the same;

b) whenever the pirates have abandoned their victims without means of saving themselves; or

c) whenever the crime is accompanied by murder, homicide, physical injuries or rape.

-RA 7659 considers this a heinous crime and so the penalty imposed now is reclusion perpetua to
death.
*MUTINY

-It is the unlawful resistance to a superior officer, or the raising of commotions and disturbances on
board a ship against the authority of its commander (Bouvier’s Law Dictionary).

-Hence, if the disturbance inside the ship has the purpose not to seize the ship or its cargo but to
challenge and change the ship captain or his policies, the crime may be merely mutiny.

B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE (Art.124 – Art.133)

-crimes that involve violation of certain rights of persons under the Constitution.

1. ARBITRARY DETENTION (Article 124)

-committed by detaining a person without legal ground.

-penalty depends on the period of detention.

   *Elements of the crime:

 a) the offender is a public officer or employee;

-But not all public officers or employees can commit this crime for he must have the authority to
detain or order the detention of persons accused of a crime.

-Usually, a public officer or employee involved in the crime is a police officer or a law enforcer.

b) he detains a person; and

-Generally, a person is detained when he is put in a confinement or there is a restraint on his

person or his movement is limited and not allowed to go home.

c) the detention is without legal grounds.

-The Constitution provides that a person cannot just be arrested or detained and if he will be, there
must be a warrant issued for his arrest or detention.

-But there are legal grounds to arrest and detain a person even without warrant of arrest.
What are these according to Article 124 of the RPC?

        c.1. commission of a crime; and
-But relate this to the provisions of Section 5, Rule 113 of the Rules of Court on lawful warrantless
arrest, whereby, a police officer or a private citizen may arrest a person without warrant when:

-in his presence, the person to be arrested has committed, is actually committing or is attempting
to commit an offense;

-when an offense has in fact just been committed, and he has personal knowledge of facts
indicating that the person to be arrested has committed it; and

-when the person to be arrested in an escapee from penal institution or while being transferred
from one confinement to another.

c.2. Violent insanity or other ailment requiring the compulsory confinement of the patient in
the hospital

-an insane person is violent when he can cause harm to person or damage to property anytime.

-during the height of the pandemic, a person inflicted with COVID-19 virus can be confined by
force.

*Cases:

-a police officer quickly went to a place when he heard screaming of persons. He saw a person
lying on the ground with blood oozing from what appears to be incised wounds on his body and
he saw another person holding a knife trembling with blood stain in his clothes and is about to
flee. He can arrest and detain the person for commission of a crime;

-Private citizens arrested a person while in the act of taking a cow belonging to another. This is a
valid citizens’ arrest but they should immediately call police officers for the continued detention
and filing of a criminal charge against him.

-there seems to be no legal ground to detain a person just because he is quarreling with another.

-A week after killing a person, his arrest and detention in connection with the killing is without legal
ground. There must be warrant of arrest to effect his arrest and detention;   

2. DELAY IN THE DELIVERY OF DETAINED PERSONS (Article 125)

-Here, the public officer or employee detains a person with legal grounds but he fails to deliver the
person to the judicial authorities.

-Bringing the person to the judicial authorities means that the detained person has to be formally
charged in court with a crime he is accused of, or the filing of information charging him with the
crime in court. This is because, a person has the constitutional right to be informed of the cause of
his arrest and detention.

*Elements of the crime:

a) the offender is a public officer or employee;

b) he detains a person with legal ground; and

c) he fails to deliver such person to the proper authorities within:

             -12 hours for crimes punishable by light penalties;

             -18 hours for crimes punishable by correctional penalties; and

             -32 hours for crimes punishable by afflictive or capital punishment commencing from the
time of the arrest.

*But for violation of the provisions RA 11479 (The Anti-Terrorism Act of 2020), the period within
which to bring the detained person to the judicial authorities is 14 calendar days from the time of
the arrest and additional maximum of ten days under the particular circumstances as allowed under
the said law (Section 29).

-To avoid committing the crile, the apprehending or arresting officer has to immediately gather
evidence and prepare the necessary documents for the filing of a criminal accusation in order to
beat the period mentioned above.

-Where to file? File with the prosecutor’s office that has the authority to file the appropriate formal
charge against the suspect in court.

-So that if the time already lapsed and the person was not yet charged in court for any crime, he
should be released from detention without prejudice to the filing of a criminal charge against him
later on.

-What is the remedy so that this law will not be violated by the apprehending officer if the time will
soon to lapse? Let the detained person sign a waiver of the application of Article 125 especially for
crimes where preliminary investigation is required. If the detained person choses to sign a waiver,
he has now the opportunity to submit his controverting evidence or counter-affidavit.

-However, there are cases decided by the Supreme Court whereby the arresting officers were not
considered to have violated the law despite the lapse of time in these cases:
-the supposed time to bring the detained person to judicial authorities was on declared holidays
where government offices including prosecutor’s office and court were closed; and

-crime committed in a far flung areas where radio communication and road access are not
available or hard which make the timely filing impossible.

3. DELAYING RELEASE (Article 126)

-This is a crime whereby a public officer or employee delays in executing the judicial or executive
order for the release of the detained person.

-most likely to be committed by jail officers           

4. EXPULSION (Article 127)

-Expelling a person from the Philippines to another country or compelling a person to change
address or residence is a crime by a person who does it without authority to do so.

 *Elements of the crime:

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

b) That he expels any person from the Philippines or compels a person to change his residence.     

c) That the offender is not authorized to do so by law.                                 

  -Who are authorized?

1- The Chief Executive or President in deportation cases regarding unwanted aliens; and

2- court Judge in certain cases like:

-ejectment cases

-expropriation cases

-imposition of the penalty of destierro in the crimes of adultery or concubinage.

5. VIOLATION OF DOMICILE (Article 128)

-domicile or dwelling is a structure devoted for rest and comfort.

-Under the constitution, every person has the right to be secured in his house, paper and effect
against unreasonable search and seizure.

-This crime is committed by a public employee or officer by entering a dwelling without authority
to do so in any of the instances:

             1. against the will of the owner;

             2. searching papers or other effects found therein without the prior consent of such owner;
or

             3. refusing to leave the premises, after having surreptitiously.

-If the offender is a private individual, the crime is trespass to dwelling under Article 280.

6. SEARCH WARRANT MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE

LEGALLY OBTAINED (Article 129)

-a search warrant is an order of the court in writing directed to a peace officer and commanding
him to search for personal property described therein and bring it before the court.

-In this crime, a search warrant is obtained but:

a) the same was obtained without just cause (like when those who applied for it committed falsities
or falsehood in order for the court to issue it.); or

-Example: a police officer in order to enter the premises to investigate a crime involving killing,
procured a search warrant from the court by alleging that there are drugs inside it.

b) obtained or procured legally but the enforcer exceeded in his authority or used unnecessary
severity in executing the same.

-Example: a police officer while enforcing the search warrant enters, searches and takes personal
items from other parts of the building not described in the warrant to be the subject of the search.

7. SEARCHING DOMICILE WITHOUT WITNESS (Article 130)

-In the execution of the search warrant, the owner of the structure to be searched must be present.
Without the owner, there should be any member of his family. If without the owner or any member
of his family, at least two (2) witnesses residing in the same locality. Otherwise, this crime is
committed.

8. PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS (Article 131)

-the prohibition or interruption of the holding of a peaceful meeting or its dissolution by a public
officer or employee without legal ground is a crime.

9. INTERRUPTION OF RELIGIOUS WORSHIP (Article 132)

-This crime is committed by a public officer or employee who prevents or disturbs the ceremonies
or manifestation of any religion.

10. OFFENDING RELIGIOUS FEELINGS (Article 133)                

-This crime is committed by ANYONE who performs acts notoriously offensive to the feelings of
the faithful.

-Examples:    -While a minister of a religious group was preaching, someone threw a stone at him;

-remark that the Pope is the commander of Satan in the presence of many members of the faithful;

-People of the Philippines versus Carlos Celdran:

During the height of the debate of the Reproductive Health law in 2010, Celdran (who died in
October, 2019) who dressed himself like Crisostomo Ibarra (believed to be stand-in of Jose Rizal) of
the “Noli Me Tangere” novel of Jose Rizal went inside the Manila Cathedral attended by many
members of the Catholic Faith and several Bishops and was holding a placard with large written
word “DAMASO”  (villain character in the novel as Padre Damaso symbolizing hypocrisy or
corruption).

The Supreme Court rules that Celdran committed the crime of offending religious feelings because
his stunt was “meant to mock, insult, and ridicule those clergy whose beliefs and principles were
diametrically opposed to his own”.

C. CRIMES AGAINST PUBLIC ORDER (Article 134- article 160)

             -rebellion coup d’état, sedition, disloyalty

 1.REBELLION and INSURRECTION (Article 134)

-Rebellion is commonly used when the purpose of the movement of offenders is to overthrow and
supersede the exiting government. While Insurrection is commonly used when the movement
seeks to effect some change of minor importance or prevent the exercise of governmental
authority with respect to particular matters.

-not committed during war time, otherwise, it may be treason

*Elements of the crime:

a) there must be public uprising and taking arms against the gov’t; and

                    -uprising must be made publicly (not clandestinely or by stealth)

-actual clash with government soldier is considered taking up arms

b) the purpose of the public uprising or movement is either:

1 -to remove from the allegiance to said government or its laws the territory of the Philippines or
any part thereof or anybody of land, naval or other armed forces -rebellion; or 

2 -to deprive the Chief Executive or Congress, wholly or partially, of Any of their powers or
prerogatives –insurrection.

          -Hence, mere membership with the communist group is not rebellion

2. COUP D’ ETAT (Article 134-A pursuant to RA 6968 passed in 1990)

-Committed by any person/persons belonging to the military, police or holding any public office or
employment, with or without civilian support or participation, by swift attack accompanied by
violence, intimidation, threat strategy or stealth, directed against duly constituted authorities of the
Republic of the Philippines, or any military camp or installation, communication networks, public
utilities or other facilities needed for the exercise and continued possession of power, singly or
simultaneously carried out anywhere in the Philippines for the purpose of seizing or diminishing
state power.

-Case: -Oakwood mutiny in 2003 participated by several members of elite military units from the
branches of the Armed Forces of the Philippines (called the Magdalo Group led by Antonio Trillanes
of the Phil. Navy) by taking over the Oakwood Premiere Serviced Apartments in Makati; and
the 2007 Manila Peninsula siege when they (Magdalo group) walked out of their trial and
marched through the streets of Makati and seized the function room of the Peninsula Hotel in
Makati. Both mutinies were during the Presidency of Gloria Macapagal Arroyo demanding, among
others, the resignation of some senior officers of the AFP and members of Arroyo government
including the President herself.

-Some pleaded guilty, sentenced and eventually were granted amnesty by President Benigno
Aquino, while others (including Trillanes) followed to plead guilty but before promulgation,
amnesty was granted. (Note that the grant of amnesty necessitates admission of the crime.)      

3. CONSPIRACY AND PROPOSAL COMMMIT COUP D’ETAT, REBELLION OR

INSURRECTION (Article 136)
-An exception to the rule that conspiracy to commit a crime is not punishable.

4.DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES (Article137)

-This is a crime when rebellion exists and the public officer or employee commits any of the
following acts:

   a) failing to resist a rebellion by all means in their power;

   b) continuing to discharge the duties of their offices under the control of the

       rebels; or

   c) accepting appointment to office under them.

5. INCITING TO REBELION OR INSURRECTION (Article 138)

Committed by inciting others to commit rebellion or insurrection by means of speeches,

proclamations, writing etc.         

6. SEDITION (Article 139)

-Sedition is committed by persons who rise publicly and tumultuously in order to attain by force,
intimidation, or by other means outside of legal methods, any of the following objects:

1. To prevent the promulgation or execution of any law or holding of any popular elections;

2. To prevent the National Government, or any provincial or municipal government, or any public
officer thereof freely exercising its or his functions, or prevent the execution of any administrative
order;

3. To inflict any act of hate or revenge upon the person or property or any public officer or
employee;

4. To commit, for any political or social end, any act of hate or revenge against private person or
any social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the National
Government (or the Government of the United States) of all its property or any part thereof.

-In People vs. Cabrera, 53 Phil. 64 where a policeman had an encounter with some constabulary
soldiers resulting to the death of a constabulary private. Later, members of the constabulary
escaped from their barracks and fired at police stations, office of a secret service at a passing
vehicle killing a police officer, a civilian and passenger of the vehicle. The SC said that the crime is
sedition because the object of the uprising was to inflict an act of hate or revenge upon the
persons of the policemen who are public officers or employees. – see number 3 purpose

-Also in the case of US vs. Lapus et. al., 4 Phil. 148, where about 400 men armed with guns, bolos,
clubs etc. raided the town by firing shots, yelling and frightening the inhabitants, others roaming
around and initimidating while some taking inhabitants as captives etc., and the reason of the
uprising is because the rich people were loaning money at a usurious terms to their farm laborers
and compel their children to work for them as servants when they cannot pay the loan.

7.CONSPIRACY TO COMMIT SEDITION (Article 141)

  -also an exemption to the general rule on conspiracy.

 8. INCITING TO SEDITION (Article 142)

-This is the crime committed by anyone who incites others to the accomplishment of any of the
acts which constitute sedition by means of speeches, proclamations, writings, emblem, banners or
representations tending to the same end.

  -crimes against popular representation

1. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND OTHER SIMILAR
BODIES (Article 143)

-the National Assembly is now called the Congress. Other similar bodies may refer to the local
legislative bodies.

-So that when the Chief of Police and the Municipal Mayor prevented the meeting of the municipal
council by arresting the vice-mayor and threatening the councilors with arrest, this crime is
committed.            

2. DISTURBANCE OF PROCEEDINGS (Article 144)

-involves the act of disturbing the meeting of congress or committees, constitutional commissions
or committees, provincial board or city or municipal council or in the presence of such bodies
should behave in such a manner as to interrupt its proceeding or to impair the respect due it.

 3. VIOLATION OF PARLIAMENTARY IMMUNITY (Article 145)

-this crime is committed by preventing any member of the congress from attending the meetings
of the congress or its committees or subcommittees, constitutional commissions or committees or
divisions thereof, from expressing his opinions or casting his votes by force, intimidation, threats or
fraud or by arresting or searching any member of the congress while the congress in session except
when the member committed a crime punishable by more than 6 years
imprisonment (Constitutional provision).

  -illegal assemblies and associations

1. ILLEGAL ASSEMBLIES (Article 146)

- meeting or gathering of group of persons and attended by armed person for the purpose of
committing any crimes under the RPC or any meeting of which 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.

2. ILLEGAL ASSOCIATIONS (Article 147)

-When an association is organized for the purpose of committing any crimes punishable under the
RPC or for some purpose contrary to public morals, its founder, director, president and members
are criminally liable with this crime.

-mere membership with the Communist Party of the Philippines - National Peoples’ Alliance (CPP-
NPA) seems not to be punishable because the anti-subversive law (RA 1700) was outlawed.

 -assault upon and resistance and disobedience to persons in authority and their agents          

1. DIRECT ASSAULT (Article 148)

 -two (2) forms or ways of committing Direct Assault

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

-Example is the case of US vs. Dirain, 4 Phil. 541. In this case, the chief of police along with 4
policemen, all armed, forced the mayor to go to the municipal building and detained him there
because their salaries had been in arrears for some time until they were paid when the relatives of
the mayor sent money to pay them. The crime is not sedition because there was no public uprising
but direct assault (first form).

Second form –Without public uprising, by attacking, by employing force or seriously intimidating

or by seriously resisting any person in authority or any of his agents, while engage in the
performance of official duties, or on the occasion of such performance. 
 *Elements of Direct Assault (second form):

1 - the offender makes an attack, employs force, makes serious intimidation or makes a serious
resistance;

          -slapping on the face of a person is already an attack

          -strangling or choking a person is employing force

          -pointing a gun at the head person is a serious intimidation but telling to kill or harm him in
the future is not a serious intimidation

          -striking a police officer with a knife or a bladed instrument even if the latter was not hit to
avoid arrest is a serious resistance

2- the person assaulted is a person in authority or his agent;

          -Person in authority (see definition in Article 152)

               -examples: Punong Barangay; lupon members; teacher; lawyer; mayor; governor etc.

          -Agent of person in authority (see definition in Article 152)

               -examples: Police officer; barangay tanod; agents of BIR; post master; municipal treasurer;
sheriff (court personnel who executes decision of the court)

3- at the time of the assault, the person in authority or his agent is engaged in the actual
performance of official duties or by reason of past performance of official duties;

-actual performance of duties at the time of the assault is not the only instance but could also be
for as long as the assault is in connection with past performance of duties;

-A mayor who was assaulted as a consequence of misunderstanding during a drinking session in a

birthday party does not fall under this.

4- the offender knows that the one he is assaulting is a person in authority or his agent in the
exercise of his duties; and

-at that the time of the assault, the offender should know that the person he is attacking is a
person in authority or an agent of a person in authority.

-A long time personnel of the mayor’s office who attacks the mayor can hardly deny knowledge of
authority of the mayor.               
5- there is no public uprising.

                 -if there is public uprising, it may be other crime like sedition

-Example: X slaps Y, the governor, for not appointing him for the position he applied for is liable for
direct assault (the second form). But if during the assault, Y is no longer the governor, it would seem
that there is no direct assault because Y is no longer a person in authority as required in element
number 2.

2. INDIRECT ASSAULT (Article 149)

*Elements of Indirect Assault:

a) the person in authority or his agent is the victim of any of the forms of direct assault in Article
148;

b) a person comes to the aid of such person in authority or his agent; and

c) the offender makes use of force or intimidation upon such person coming to the aid of the
person in authority or his agent;

- It would seem that in this crime, there are three participants: (1) the victim of direct assault; (2) the
person coming to his aid; and (3) the offender of this crime.

- This felony presupposes then the commission of a direct assault, or in other words, a person in
authority or his agent is being attacked constituting the crime of direct assault.

- Example: The Punong Barangay who was implementing curfew in his barangay was being hit with
a wooden club by an angry resident. When Y saw this, he came to aid the Punong Barangay by
pulling him away from the attacker. Consequently, he was also intentionally bitten with the same
club by the same person. In this case, two crimes were committed by the angry resident. One
is direct assault for attacking the Punong Barangay and another is indirect assault for employing
force against Y.

: But it is different where a policeman was arresting a suspect and X comes to his aid in arresting
the suspect, and as a consequence, the suspect suddenly brought out a knife and threatened X not
to come near, there is no indirect assault because the policeman (being an agent of person in
authority) was not being attacked by the suspect at that time. 

3. DISOBEDIENCE TO SUMMONS ISSUED BY NATIONAL ASSEMBLY, IT’S COMMITTEES OR

SUBCOMMITTEES, CONSTITUTIONAL COMMISION, IT’S COMMITTEES AND
SUBCOMMITTEES (Article 150)
       

   -This crime is committed in any of the following:

1) by refusing to obey to the summon (notice to appear) of the Congress or its committees or
subcommittees, the constitutional commissions, its committees or subcommittees, or before any
commission or committee chairman or member authorized to summon witnesses without legal
excuse;

2) by refusing to be sworn to or placed under affirmation while being before such legislative or
constitutional body;

3) by refusing to answer any legal inquiry or to produce any books, papers, documents, or records
in his possession, when required by them to do so in the exercise of their function;

4) by restraining another from attending as a witness in such legislative or constitutional body; or

5) by inducing disobedience to a summons or refusal to be sworn by any such body or official.

4. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH

PERSON (Article 151)

-This is a crime commonly committed against a law enforcer or a police officer making arrest or
making a lawful order.

*Elements of Resistance and Serious Disobedience

1- that a person in authority or his agent is engaged in the performance of official duty or gives a
lawful to the offender;

2- that the offender resists or seriously disobeys such person in authority or his agent;

3- that the act of the offender is not included in the provisions of Article 148 (direct assault), 149
(indirect assault) and 150 (disobedience to summons etc).

-Example: A policeman was arresting X for commission of a crime. X resisted and in the process of
the resistance, X hit the policeman on the chest with his fist. The crime against the peace officer
is not direct assault but resistance to an agent of person in authority because the resistance is
not serious.       

*Elements of Simple Disobedience

1- that an agent of a person in authority is engaged in the performance of official duty or gives a
lawful to the offender;

2- That the offender disobeys such agent of a person in authority.

3- That such disobedience is not a serious nature.

-Example:

a) Police officers were directing the residents who are not front liners and who were out of their
houses to go home to their respective houses because of the community quarantine being
enforced in the locality brought about by the COVID-19 virus. Others obeyed, but some instead of
going home, proceeded to the gym and played basketball. These people who went to the gym can
be arrested by the authorities for committing the crime of simple disobedience.      

b) The policeman ordered X, one of the strikers in a labor dispute, to clear or move out from the
road because a vehicle will pass through. X, instead, laid on the center of the road.