Book II Elements Lecture 1

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BOOK II Elements - lecture
Criminal Law 2 (Pontifical and Royal University of Santo Tomas, The Catholic University
of the Philippines)
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BOOK II
TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF

NATIONS
ARTICLE 114 – TREASON

ARTICLE 115 – CONSPIRACY AND PROPOSAL TO COMMIT TREASON
ARTICLE 116 – MISPRISION OF TREASON
ARTICLE 117 – ESPIONAGE
ARTICLE 118 – INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
ARTICLE 119 – VIOLATION OF NEUTRALITY
ARTICLE 120 – CORRESPONDENCE WITH HOSTILE COUNTRY
ARTICLE 121 – FLIGHT TO ENEMY’S COUNTRY
ARTICLE 122 – PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS
ARTICLE 123 – QUALIFIED PIRACY
PD 532: THE ANTI-PIRACY LAW OF 1974
RA 6235: THE ANTI-HIJACKING LAW

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ARTICLE 114 - TREASON
ELEMENTS:
1. The offender can either be a Filipino citizen or an alien in the

Philippines.
2. There is a war in which the Philippines is involved.
3. The offender either levies war against the Philippine government
or he adheres to the enemies by giving them aid or comfort.

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ARTICLE 115 – CONSPIRACY AND PROPOSAL TO COMMIT

TREASON
ELEMENTS:

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ARTICLE 116 – MISPRISION OF TREASON
ELEMENTS:
1. That the offender must be owing allegiance to the government,

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

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ELEMENTS:
Paragraph 1 Elements (WAP)
1. That the offender enters a warship, fort, or naval or military
establishment or reservations.
2. That he has no authority therefor.
3. That his purpose is to obtain information, plan, photographs, or
other data of a confidential nature relative to the defense of the
Philippines.

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ELEMENTS:
Paragraph 2 Elements (PAD)
1. That the offender is a public officer.
2. That he has in his possession the articles, data or information
referred to in paragraph 1, Article 117, by reason of the public
office he holds.
3. That he discloses their contents to a representative of a foreign
nation.

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ARTICLE 118 – INCITING TO WAR OR GIVING MOTIVES FOR

REPRISALS
ELEMENTS:
1. The offender performs acts unauthorized by the Philippine

government; and
2. The said act provokes or gives occasion for a war involving or
liable to involve the Philippines or exposes Filipino citizens to
reprisals on their persons and property while they are in a foreign
country.

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ARTICLE 119 – VIOLATION OF NEUTRALITY
ELEMENTS:
1. There is a war, but the Philippines is not a party to the said war;
2. The competent authority issued a regulation for the purpose of
enforcing neutrality among Filipino citizen; and
3. The offender violated the regulation issued or declaration by a
competent authority and sided with any of the warring states.

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ARTICLE 120 – CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1. The crime is committed in times of war;
2. The offender makes correspondence with an enemy country or
any territory occupied by the enemy troops; and
3. That the correspondence is either —
a. Prohibited by the Philippine Government; or
b. Carried out in ciphers or conventional signs; or
c. Containing notice or information which might be useful to
the enemy.

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ARTICLE 121 – FLIGHT TO ENEMY’S COUNTRY
ELEMENTS:
1. There is a war in which the Philippines is involved;

2. The offender owes allegiance to the Philippine Government;
3. The offender attempts to flee to a foreign country; and
4. Such act of going to the foreign country, to the enemy state, is
prohibited by the Philippine Government.

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ARTICLE 122 – PIRACY IN GENERAL AND MUTINY ON THE HIGH

SEAS
PIRACY
ELEMENTS:
1. The vessel is on the high seas or in the Philippine waters;

2. The offenders are not members of the complement or passengers
of the vessel;
3. The offenders either:
a. Attacked or seized the vessel; or
b. Seize in whole or in part the cargo, the equipment, or the
personal belongings of the passengers or members of the
complement.

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ARTICLE 122 – PIRACY IN GENERAL AND MUTINY ON THE HIGH

SEAS
MUTINY
ELEMENTS:
1. The vessel is either on the high seas or on Philippine waters;

2. The offenders are members of the complement or passengers of
the vessel; and
3. The offenders raise a commotion or disturbance on the board the
ship against the lawful command of the captain or the commander
of the ship.

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ARTICLE 123 – QUALIFIED PIRACY
The following circumstances would qualify piracy:
1. Whenever the pirates have seized a vessel by firing or boarding

upon the said vessel;
2. Whenever the offenders have abandoned their victims without
means of saving themselves; and
3. Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape.

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PD 532 THE ANTI-PIRACY LAW OF 1974

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RA 6235
THE ANTI-HIJACKING LAW

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BOOK II
TITLE TWO – CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
ARTICLE 124 – ARBITRARY DETENTION

ARTICLE 125 – DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
ARTICLE 126 – DELAYING RELEASE
ARTICLE 127 – EXPULSION
ARTICLE 128 – VIOLATION OF DOMICILE
ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE
SERVICE OF THOSE LEGALLY OBTAINED
ARTICLE 130 – SEARCHING DOMICILE WITHOUT WITNESSES
ARTICLE 131 – PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL
MEETINGS
ARTICLE 132 – INTERRUPTION OF RELIGIOUS WORSHIP
ARTICLE 133 – OFFENDING THE RELIGIOUS FEELINGS

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3 KINDS OF ARBITRARY DETENTION
The following circumstances would qualify piracy:
1. Arbitrary detention under Art. 124 - by detaining a person without

legal ground;
2. Arbitrary detention under Art. 125 - committed by failure of the
public officer to deliver the detained person to the proper judicial
authorities within 12, 18 or 36 hours; and
3. Arbitrary detention under Art. 126 - by delaying the release of
prisoners despite the judicial or executive order to do so.

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ARTICLE 124 – ARBITRARY DETENTION
ELEMENTS:
1. The offender is a public officer or employee;
2. He detains another; and
3. The said detention was without legal ground.

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ARTICLE 125 – DELAY IN THE DELIVERY OF DETAINED PERSONS

TO THE PROPER JUDICIAL AUTHORITIES
ELEMENTS:
1. The offender here is a public officer or employees vested with

authority to effect arrest and detain a person;
2. That offender has detained a person for some legal ground; and
3. The said public officer or employee fails to deliver that person
arrested to the proper judicial authorities within:
a. 12 hours, for crimes punishable by light penalties, or their
equivalent;
b. 18 hours, for crimes punishable by correctional penalties,
or their equivalent; or
c. 36 hours, for crimes punishable by afflictive or capital
penalties, or their equivalent.

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ARTICLE 126 – DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or employee;

2. That there is a judicial or executive order for the release of a
prisoner or detention prisoner, or that there is a proceeding upon a
petition for the liberation of such person;
3. That the offender without delays:
a. The service of the notice of such order to prisoner
b. The performance of such judicial or executive order for the
release of the prisoner
c. The proceedings upon petition for the release of such
person.

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ARTICLE 127 – EXPULSION
ELEMENTS:
1. Offender is a public officer or employee

2. The public officer or employee acts either:
a. By expelling a person from the Philippines;
b. By compelling a person to change his residence
3. Offender is not authorized to do so by law.

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ARTICLE 128 – VIOLATION OF DOMICILE
ELEMENTS:

2. He was not authorized by a judicial order to enter the dwelling
and/or make a search therein forpapers or other effects;
3. He either:
a. Enters the dwelling of another against the will of the latter;
or
b. Searching for papers or other effects found therein without
the consent of the owner; or
c. After having surreptitiously entered the dwelling, being
discovered and asked to leave, he refuses to leave.

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ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY OBTAINED AND

ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
A. BY PROCURING A SEARCH WARRANT WITHOUT JUST

CAUSE:
ELEMENTS:

2. That he procures a search warrant;
3. There is no just cause

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ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY OBTAINED AND

ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
B. BY EXCEEDING HIS AUTHORITY OR BY USING

UNNECESSARY SEVERITY IN EXECUTING A SEARCH
WARRANT LEGALLY PROCURED:
ELEMENTS:

2. That he has legally procured a search warrant;
3. That he exceeds his authority or uses unnecessary severity in
executing the same.

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ARTICLE 130 – SEARCHING DOMICILE WITHOUT WITNESSES
ELEMENTS:

2. That he is armed with search warrant legally procured.
3. That he searches the domicile, papers or other belongings of any
person.
4. That the owner, or any member of his family, or two witnesses in
the same locality are not present.

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ARTICLE 131 – PROHIBITION, INTERRUPTION AND DISSOLUTION

OF PEACEFUL MEETINGS
ELEMENTS:
1. The offender is a public officer or employee

2. The offender committed any of the following acts:
a. By prohibiting or by interrupting, dissolving, without legal
ground, the holding of a peaceful meeting, or by dissolving
the same. (any peaceful meeting);
b. By hindering any person from joining any lawful
association or from attending any of its meetings; or,
c. By prohibiting or hindering any person from addressing,
either alone or together with.

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ARTICLE 132 – INTERRUPTION OF RELIGIOUS WORSHIP
ELEMENTS:
1. This is committed by an offender who is again a public officer or

employee.
2. Then there is a religious ceremony or manifestations of any
religion that is about to take place or are going on.
3. That the offender prevents or disturbs the said religious worship or
religious ceremony.

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ARTICLE 133 – OFFENDING THE RELIGIOUS FEELINGS
ELEMENTS:
1. Offender is any person;

2. That the acts must be notoriously offensive to the feelings of the
faithful.
3. The said offender performs acts:
a. in a place devoted to religious worship, or
b. during the celebration of any religious ceremony.

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BOOK II
TITLE THREE – CRIMES AGAINST PUBLIC ORDER
ARTICLE 134 – REBELLION OR INSURRECTION

ARTICLE 134 A – COUP D’ETAT
ARTICLE 135: PENALTY FOR REBELLION, INSURRECTION OR COUP D'ETAT
ARTICLE 136: CONSPIRACY AND PROPOSAL TO COMMIT COUP D'ETAT,
REBELLION OR INSURRECTION
ARTICLE 137: OF PUBLIC OFFICERS OR EMPLOYEES
ARTICLE 138 – INCITING A REBELLION OR INSURRECTION
ARTICLE 139 - SEDITION
ARTICLE 140 – PENALTY FOR SEDITION
ARTICLE 141 – CONSPIRACY TO COMMIT SEDITION
ARTICLE 142 – INCITING TO SEDITION
ARTICLE 143 – ACT TENDING TO PREVENT THE MEETING OF THE ASSEMBLY
AND SIMILAR BODIES
ARTICLE 144 – DISTURBANCE OF PROCEEDINGS
ARTICLE 145 – VIOLATION OF PARLIAMENTARY IMMUNITY
ARTICLE 146 – ILLEGAL ASSEMBLY

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ARTICLE 147 – ILLEGAL ASSOCIATION

ARTICLE 148 – DIRECT ASSAULT
ARTICLE 149 – INDIRECT ASSAULT
ARTICLE 150 – DISOBEDIENCE TO SUMMONS
ARTICLE 151 – RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY
OR THE AGENTS OF SUCH PERSON
ARTICLE 152 – PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN
AUTHORITY; WHO SHALL BE DEEMED AS SUCH.
ARTICLE 153 – TUMULTS AND OTHER DISTURBANCESSIMPLE DISOBEDIENCE
ARTICLE 154 – UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES
ARTICLE 155 – ALARMS AND SCANDALS
ARTICLE 156 – DELIVERING PRISONERS FROM JAIL
ARTICLE 157 – EVASION OF SERVICE OF SENTENCE
ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES
ARTICLE 159 - EVASION OF SERVICE OF SENTENCE BY VIOLATION OF
CONDITIONAL PARDON

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ARTICLE 134 – REBELLION OR INSURRECTION
ELEMENTS:
1. Public uprising and taking up of arms;

2. Purpose of the said uprising or movement is to attain any of the
following:
a. To remove from allegiance to the Philippine government or
its laws:
i. Territory of the PH or any part thereof
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.

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ARTICLE 134 A – COUP D’ETAT
ELEMENTS:
1. That the offender is a person or persons belonging to the military

or police or holding any public office or employment;
2. That it is committed by means of a swift attack accompanied by
violence, intimidation, threat, strategy, or stealth;
3. That the attack is directed against duly constituted
authorities of the Republic of the Philippines, or any military camp
or installation, communication networks, public utilities or other
facilities needed for the exercise and continued possession of
power;
4. That the purpose of the attack is to seize or diminish state power.

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Article 134 to 137 : NO ELEMENTS
ARTICLE 135: PENALTY FOR REBELLION, INSURRECTION OR

COUP D'ETAT
ARTICLE 136: CONSPIRACY AND PROPOSAL TO COMMIT COUP
D'ETAT, REBELLION OR INSURRECTION
ARTICLE 137: OF PUBLIC OFFICERS OR EMPLOYEES

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ARTICLE 138 – INCITING A REBELLION OR INSURRECTION
ELEMENTS:
1. That the offender does not take arms or is not in open hostility
against the government;
2. That he incites others to the execution of any of the acts of
rebellion;
3. That the inciting is done by means of speeches, proclamations,
writings, emblems, banners or other representations tending to the
same end.

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ARTICLE 139 - SEDITION
ELEMENTS:
1. That That the offender rise; (1) publicly, and (2) tumultuously
2. That they employ force, intimidation or other means outside of legal
methods;
3. That the offenders employ any of those means to attain any of the following
objectives:
a. To prevent the promulgation or execution of any law or the holding
of any popular election
b. To prevent the National Government, or any provincial or municipal
government, or any public officer thereof from freely exercising its or
his functions, or prevents the execution of any administrative order;
c. To inflict any act of hate or revenge upon the person or property of
any public officer or employee;
d. To commit, for any political or social end, any act of hate or revenge
against private persons or any social class; and
e. To despoil, for any political or social end, any person, municipality or
province or the National Government of all its property or any part
thereof.
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ARTICLE 140 – 141 : NO ELEMENTS
ARTICLE 140 – PENALTY FOR SEDITION

ARTICLE 141 – CONSPIRACY TO COMMIT SEDITION

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ARTICLE 142 – INCITING TO SEDITION
ELEMENTS:
1. That the offender does not take a direct part in the crime of
sedition
2. That he incites others to the accomplishment of any of the acts
which constitute sedition (Article 139)
3. That the inciting is done by means of speeches, proclamations,
writing, emblems, cartoons, banners, or other representations
tending to the same end (purpose: cause commotion not exactly
against the government; actual disturbance not necessary)

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ARTICLE 143 – ACT TENDING TO PREVENT THE MEETING OF THE

ASSEMBLY AND SIMILAR BODIES
ELEMENTS:
1. That there be a projected or actual meeting of Congress or any of

its committees or subcommittees, constitutional commissions or
committees or division thereof, or of any provincial board or city or
municipal council or board;
2. That the offender who may be any persons prevents such meeting
by force or fraud.

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ARTICLE 144 – DISTURBANCE OF PROCEEDINGS
ELEMENTS:
1. That there be a meeting of Congress or any of its committees,

constitutional commissions or committees or divisions thereof, or
of any provincial board or city or municipal council or board;
2. That the offender does any of the following acts:
a. He disturbs any of such meetings;
b. He behaves while in the presence of any such bodies in
such a manner as to interrupt its proceedings or to impair
the respect due it.

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ARTICLE 145 – VIOLATION OF PARLIAMENTARY IMMUNITY
ACTS PUNISHABLE:
1. By using force, intimidation, threats, or frauds to prevent any
member of Congress from –
a. Attending the meeting of the assembly or any of its
committees, constitutional commissions or committees or
divisions thereof, or from;
b. Expressing his opinions; or
c. Casting his vote.
2. By arresting or searching any member thereof while Congress is
in a regular or special session, except in case such member has
committed a crime punishable under the code by a penalty higher
than prision mayor ( 6 years up )

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What are Illegal Assemblies?

1. Any meeting attended by armed persons for the purpose of
committing any of the crimes punishable under the Code.
REQUISITES: (MAC)
a) That there is a meeting, a gathering or group of persons, whether
in a fixed place or moving;
b) That the meeting is attended by armed persons;
c) That the purpose of the meeting is to commit any of the crimes
punishable under the code.

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2. Any meeting in which the audience, whether armed or not, is

incited to the commission of the crime of treason, rebellion or
insurrection, sedition or assault upon a person in authority of his
agents.
REQUISITES: (MI)
a) That there is a meeting, a gathering, or group of persons, whether

in a fixed place or moving.
b) That the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection,
sedition or direct assault.

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ARTICLE 147 – ILLEGAL ASSOCIATION
What are illegal associations?

1. Associations totally or partially organized for the purpose of
committing any of the crimes punishable under the code.
2. Associations totally or partially organized for some purpose
contrary to public morals

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ELEMENTS OF THE FIRST FORM:
1. That the offender employs force or intimidation.

2. That the aim of the offender is to attain any of the purposes of the
crime of rebellion or any of the objects of the crimes of sedition.
(Victim need not be person in authority)
3. That there is no public uprising.

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ELEMENTS OF THE SECOND FORM:
1. That the offender (a) makes an attack, (b) employs force, (c)
makes a serious intimidation, or (d) makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent
(a) is engaged in the actual performance of official duties (motive
is not essential), or that he is assaulted (b) by reason of the past
performance of official duties (motive is essential).
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 (with intention
to offend, injure or assault).
5. That there is no public uprising.

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ARTICLE 149 – INDIRECT ASSAULT
ELEMENTS:
1. That a person in authority or his agent is the victim of any of the

forms of direct assault defined in Article 148;
2. That a person comes to the aid of such authority or his agent;
3. That the offender makes use of force or intimidation upon such
person coming to the aid of the authority or his agent.

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ARTICLE 150 – DISOBEDIENCE TO SUMMONS
Acts punished
1. Refusing without legal excuse to obey summons;

2. Refusing to be sworn or placed under affirmation;
3. Refusing to answer any legal inquiry to produce books, records
etc.;
4. Restraining another from attending as witness in such body;
5. Inducing disobedience to a summons or refusal to be sworn.

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ARTICLE 151 – RESISTANCE AND DISOBEDIENCE TO A PERSON IN

AUTHORITY OR THE AGENTS OF SUCH PERSON
SERIOUS DISOBEDIENCE
ELEMENTS:
1. That a person in authority or his agent is engaged in the

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

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ARTICLE 151 – RESISTANCE AND DISOBEDIENCE TO A PERSON IN

AUTHORITY OR THE AGENTS OF SUCH PERSON
SIMPLE DISOBEDIENCE
ELEMENTS:
1. That an agent of a person in authority is engaged in the

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

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ARTICLE 152 – PERSONS IN AUTHORITY AND AGENTS OF

PERSONS IN AUTHORITY; WHO SHALL BE DEEMED AS SUCH.

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ARTICLE 153 – TUMULTS AND OTHER DISTURBANCESSIMPLE

DISOBEDIENCE
What are tumults and other disturbances?

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

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ARTICLE 154 – UNLAWFUL USE OF MEANS OF PUBLICATION AND

UNLAWFUL UTTERANCES
ACTS PUNISHED:
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.
2. Encouraging disobedience to the law or to the constituted authorities, or
by praising, justifying or extolling any act punished by law, by the same
means or by words, utterances or speeches.
3. 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 (or causing the same) books,
pamphlets, periodicals, or leaflets which do not bear the real printer’s
name, or which are classified as anonymous

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ARTICLE 155 – ALARMS AND SCANDALS
ACTS PUNISHED:
1. Discharging any firearm, rocket, firecracker or other explosive

within any town or public place, calculated to cause alarm or
danger.
2. Instigating or taking an active part in any charivari or other
disorderly meeting offensive to anther 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.

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ARTICLE 156 – DELIVERING PRISONERS FROM JAIL
ELEMENTS:
1. There is a person confined in a jail or penal establishment

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

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ARTICLE 157 – EVASION OF SERVICE OF SENTENCE
ELEMENTS:
1. That the offender is a convict by final judgment.

2. That he is serving his sentence which consists in deprivation of
liberty (Destierro included)
3. That he evades the service of his sentence by escaping during the
term if his sentence. (Fact of return immaterial).

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ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE

OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES,
OR OTHER CALAMITIES
ELEMENTS:
1. That the offender is a convict by final judgment who is confined in a penal

institution.
2. That there is disorder, resulting from^
a. conflagration,
b. earthquake, or
c. explosion, or
d. similar catastrophes, or
e. mutiny, not participated by the offender.
3. That the offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or during the
mutiny.

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4. That the offender fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the chief executive announcing the
passing away of such calamity.
ARTICLE 159 - EVASION OF SERVICE OF SENTENCE BY VIOLATION

OF CONDITIONAL PARDON
ELEMENTS:
1. That the offender was a convict

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

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ARTICLE 160 - COMMISSION OF ANOTHER CRIME DURING

SERVICE OF PENALTY IMPOSED FOR ANOTHER OFFENSE
ELEMENTS:
1. That the offender was already convicted by final judgment of one

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

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BOOK II
TITLE FOUR - CRIMES AGAINST PUBLIC INTEREST
ARTICLE 161 - COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF

THE PHILIPPINE ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE
ARTICLE 162 - USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP
ARTICLE 163 - MAKING AND IMPORTING AND UTTERING FALSE COINS
ARTICLE 164 – MUTILATION OF COINS
ARTICLE 165 – SELLING OF FALSE OR MUTILATED COINS, WITHOUT
CONNIVANCE
ARTICLE 166 – FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS
PAYABLE TO BEARER
ARTICLE 167 – COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS
NOT PAYABLE TO BEARER
ARTICLE 168 – ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK
NOTES AND OTHER INSTRUMENTS OF CREDIT
ARTICLE 169 – HOW FORGERY IS COMMITTED
ARTICLE 170 – FALSIFICATION OF LEGISLATIVE DOCUMENTS

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ARTICLE 171 - FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, NOTARY PUBLIC,

OR ECCLESIASTICAL MINISTER
ARTICLE 172 - FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED
DOCUMENTS
ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND
TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES
ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND
TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES
ARTICLE 174 - FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT
OR SERVICE, ETC
ARTICLE 175 – USING FALSE CERTIFICATES
ARTICLE 176 – MANUFACTURING AND POSSESSION OF INSTRUMENTS OR
IMPELEMENTS FOR FALSIFICATION
ARTICLE 177 - USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONSACTS
PUNISHED
ARTICLE 178 - USING FICTITIOUS NAME AND CONCEALING TRUE NAME
C.A. No. 142, as amended
ANTI-ALIAS LAW
ARTICLE 180 - FALSE TESTIMONY AGAINST A DEFENDANT

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ARTICLE 181 - FALSE TESTIMONY FAVORABLE TO DEFENDANT

ARTICLE 182 - FALSE TESTIMONY IN CIVIL CASES
ARTICLE 183 - PERJURY
ARTICLE 184 - OFFERING FALSE TESTIMONY IN EVIDENCE

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ARTICLE 161 - COUNTERFEITING THE GREAT SEAL OF THE

GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING THE
SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE
ACTS PUNISHED:
1. Forging the Great Seal of the Government of the Philippines

2. Forging the signature of the President
3. Forging the stamp of the President.

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ARTICLE 162 - USING FORGED SIGNATURE OR COUNTERFEIT

SEAL OR STAMP
ELEMENTS:
1. That the Great Seal of the Philippines as counterfeited or the

signature or stamp of the Chief Executive was forged by another
person.
2. That the offender knew of the counterfeiting or forgery
3. That he used the counterfeit seal or forged signature or stamp.

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ARTICLE 163 - MAKING AND IMPORTING AND UTTERING FALSE

COINS
ELEMENTS:
1. That there be false or counterfeited coins

2. That the offender either made, imported, or uttered such coins.
3. That in case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importers.

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ARTICLE 164 – MUTILATION OF COINS
ACTS PUNISHED:
1. Mutilating coins of the legal currency, with the further requirement

that there be intent to damage or to defraud another.
2. Importing or uttering such mutilated coins, with the further
requirement that there must be connivance with the mutilator or
importer in case of uttering.

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ARTICLE 165 – SELLING OF FALSE OR MUTILATED COINS,

WITHOUT CONNIVANCE
ACTS PUNISHED WITH ELEMENTS:
1. Mutilating Acts punished with Elements:

2. Possession of coin, counterfeited or mutilated by another person,
with intent to utter the same, knowing that is false or mutilated
(PIK)
a. Possession
b. With intent to utter, and
c. Knowledge
3. Actually uttering such false or mutilated coin, knowing the same to
be false or mutilated (AK)
a. Actually uttering,
b. Knowledge

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ARTICLE 166 – FORGING TREASURY OR BANK NOTES OR OTHER

DOCUMENTS PAYABLE TO BEARER
ACTS PUNISHED WITH ELEMENTS:
1. Forging or falsification of treasury or bank notes or other

documents payable to bearer
2. Importation of such false or forged obligations or notes
3. Uttering of such false or forged obligation or notes in connivance
with the forgers or importers

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ARTICLE 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. That the offender either forged, imported or uttered such
instrument
3. That in case of uttering, he connived with the forger or importer.

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ARTICLE 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. That the offender knows that any of those instruments is forged or
falsified
3. That he performs any of these acts:
a. Using any of such forged or falsified instruments; or
b. Possessing with intent to use any such forged or falsified
instruments

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ARTICLE 169 – HOW FORGERY IS COMMITTED
2 WAYS COMMITTED:
1. By giving to a treasury or bank note or any instrument, payable to

bearer or order mentioned therein, the appearance of a true
genuine document.
2. By erasing, substituting, counterfeiting or altering by any means
the figures, letters, words or signs contained therein.

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ARTICLE 170 – FALSIFICATION OF LEGISLATIVE DOCUMENTS
ELEMENTS:
1. That 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. That the offender alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the document.

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ARTICLE 171 - FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE,

NOTARY PUBLIC, OR ECCLESIASTICAL MINISTER
ELEMENTS:
1. That the offender is a public officer, employee or notary

public.
2. That he takes advantage of his official position.
3. That he falsifies a document by committing any of the following
acts:
a. Counterfeiting or imitating any handwriting, signature or
rubric
b. Causing it to appear that persons have participated in any
act or proceeding when they did not in fact so participate;

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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;
g. Issuing in an 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 the genuine original; or
h. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry, or official book.
4. In case the offender is an ecclesiastical minister, the act of
falsification is committed with respect to any record or document

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of such character that its falsification may affect the civil status of
persons.

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ARTICLE 172 - FALSIFICATION BY PRIVATE INDIVIDUALS AND USE

OF FALSIFIED DOCUMENTS
ACTS PUNISHABLE:
1. Falsification of public, official or commercial documents by private

individuals.
2. Falsification of private document by any person.
3. Use of falsified document.

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ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH

AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED
MESSAGES
UTTERING FICTITIOUS OR FALSIFYING MESSAGE
ELEMENTS
1. That the offender is an officer or employee of the Government
or an officer or employee of a private corporation, engaged in
the service of sending or receiving wireless, cable or
telephone message.
2. That the offender commits any of the following acts.
a. Uttering fictitious wireless, telegraph or telephone
message.
b. Falsifying wireless, telegraph or telephone message.

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ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH

AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED
MESSAGES
USE OF FALSIFIED MESSAGES
ELEMENTS
1. That the accused knew that wireless, cable, telegraph or
telephone message was falsified by any of the persons
specified in the first paragraph of Article 173.
2. That the accused used such falsified dispatch.

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ARTICLE 174 - FALSE MEDICAL CERTIFICATES, FALSE

CERTIFICATES OF MERIT OR SERVICE, ETC

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ARTICLE 175 – USING FALSE CERTIFICATES
ELEMENTS
1. That a physician or surgeon had 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. That the offender knew that the certificate was false.
3. That he used the same.

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ARTICLE 176 – MANUFACTURING AND POSSESSION OF

INSTRUMENTS OR IMPELEMENTS FOR FALSIFICATION
ACTS PUNISHED:
1. That Making or introducing in the Philippines any stamps, dies,

marks, or other instruments or implements for counterfeiting or
falsification.
2. Possessing with intent to use the instruments or implements for
counterfeiting or falsification made in or introduced in the
Philippines by another person.

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ARTICLE 177 - USURPATION OF AUTHORITY OR OFFICIAL

FUNCTIONSACTS PUNISHED
ACTS PUNISHED:
1. Usurpation of authority
2. Usurpation of official functions.
ELEMENTS:
1. That the offender represented himself to be an officer, agent or
representative of any department or agency of the government.
2. That the offender performed an act pertaining to a person in
authority or a public officer.

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ARTICLE 178 - USING FICTITIOUS NAME AND CONCEALING TRUE

NAME
ACTS PUNISHED:
1. That the offender uses a name other than his real name.
2. That he uses the fictitious name publicly.
3. That the purpose of the offender is –
a. To conceal a crime
b. To evade the execution of a judgment
c. To cause damage to public interest.

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C.A. No. 142, as amended

ANTI-ALIAS LAW
ACTS PUNISHED:
1. For literary purposes, when he is an author.

2. For entertainment purposes (radio, tv, cinema)
3. In athletic events
4. When such substitute name is allowed by judicial or competent
authority.

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ARTICLE 180 - FALSE TESTIMONY AGAINST A DEFENDANT
ELEMENTS
1. That there is a criminal judicial proceeding.

2. That the offender testifies falsely under oath against the defendant
therein.
3. That the offender who gives false testimony knows that it is false.
4. That the defendant against whom the false testimony is given is
either acquitted or convicted in a final judgment.

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ARTICLE 181 - FALSE TESTIMONY FAVORABLE TO DEFENDANT
ELEMENTS
1. There is a criminal judicial proceeding.

2. The offender testifies falsely in favor of the defendant.
3. The offender knew that his testimony is false.

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ARTICLE 182 - FALSE TESTIMONY IN CIVIL CASES
ELEMENTS
1. There is a civil proceeding.

2. The defendant testifies falsely as to issues relative to the said
case.
3. The offender knows that his testimony is false.
4. He did so with malice in order to affect the issues in the said civil
case.

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ARTICLE 183 - PERJURY
ELEMENTS
1. That the accused made a statement under oath or executed an

affidavit upon a material matter.
2. That the statement or affidavit was made before a competent
officer, authorized to receive and administer oath
3. That in that statement or affidavit, the accused made a willful and
deliberate assertion of a falsehood.
4. That the sworn statement or affidavit containing the falsity is
required by law.

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ARTICLE 184 - OFFERING FALSE TESTIMONY IN EVIDENCE
ELEMENTS
1. That the offender offered in evidence a false witness or false

testimony.
2. That he knew that the witness or the testimony is was false.
3. That the offer was made in judicial or official proceeding.

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BOOK II
TITLE FIVE - CRIMES INVOLVING DRUGS
ARTICLE REPUBLIC ACT NO. 9165COMPREHENSIVE DANGEROUS DRUGS ACT OF

2002

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REPUBLIC ACT NO. 9165

COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
SECTION 5 of RA 9165
SALE, TRADING, ADMINISTRATION, DISPENSATION, DELIVERY,
DISTRIBUTION AND TRANSPORTATION OF DANGEROUS DRUGS
AND/OR CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS
ELEMENTS OF ILLEGAL SALE OF DANGEROUS DRUGS:

1. The buyer and seller are clearly identified.
2. The corpus delicti and the price must be established.
3. The corpus delicti must be transferred from the hands of the seller to
the hands of the buyer.

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ILLEGAL POSSESSION OF DANGEROUS DRUGS
ELEMENTS OF ILLEGAL POSSESSION OF DANGEROUS DRUGS:

1. The offender is found in possession of any item or object identified
to be drugs.
2. He is not authorized by law to possess the same.
3. That he freely and consciously possesses the said dangerous
drugs – animus possidendi.

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IMPORTANT PROVISIONS
SECTION 12: ILLEGAL POSSESSION OF DRUG PARAPHERNALIA

SECTION 13: ILLEGAL POSSESSION OF DANGEROUS DRUGS
DURING PARTIES, SOCIAL GATHERINGS OR MEETINGS
SECTION 23: PLEA-BARGAINING PROVISION
SECTION 24: APPLICABILITY OF THE PROBATION LAW FOR DRUG
TRAFFICKERS AND PUSHERS
SECTION 29: CRIMINAL LIABILITY FOR PLANTING OF EVIDENCE
SECTION 98: LIMITED APPLICABILITY OF THE REVISED PENAL
CODE

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ILLEGAL USE OF DANGEROUS DRUGS
ELEMENTS OF ILLEGAL USE OF DANGEROUS DRUGS:

1. That the offender has been apprehended or arrested for the
commission of a crime.
2. The said offender is subjected to a drug test.
3. After a confirmatory test, he was found positive for use of
dangerous drugs.

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PROCEDURE IN THE SEIZURE AND CONFISCATION OF
DANGEROUS DRUG (RA 10460)
PERSONS WHO MUST BE PRESENT DURING INVENTORY OR SAID

ACT OF TAKING THE PHOTOGRAPH:
1. The accused, or his counsel or representative.

2. A duly-elected public official.
3. Either a representative from the DOJ/national prosecution service
OR a representative from the media.

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ATTEMPT OR CONSPIRACY
PUNISHES THE ATTEMPTED STAGE AS WELL AS CONSPIRACY in

certain provisions of RA 9165
1. Sale, trading, administration, delivery, distribution, transportation of

dangerous drug.
2. Manufacture of any dangerous drug.
3. Maintenance of a den, dive, or resort where any dangerous drug is used
in any form.
4. Importation of any dangerous drug.
5. Cultivation or culture of plants which are the sources of dangerous drugs.

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BOOK II
TITLE SIX – CRIMES AGAINST PUBLIC MORALS
CHAPTER 1: Gambling and Betting (PRESIDENTIAL DECREE 1602)

ARTICLE 196 – IMPORTATION, SALE AND POSSESSION OF LOTTERY TICKETS OR
ADVERTISEMENTS.
ARTICLE 197 – BETTING IN SPORTS CONTESTS
ARTICLE 198 – ILLEGAL BETTING ON HORSE RACE
ARTICLE 199 – ILLEGAL COCKFIGHTING
ARTICLE 200 – GRAVE SCANDAL
ARTICLE 202 – IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND
EXHIBITIONS AND INDECENT SHOWS
ARTICLE 202 – PROSTITUTES

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LOTTERY
ELEMENTS
1. Consideration
2. Chance
3. Prize, or some advantage or inequality in amount or value which is
in the nature of a prize.

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ARTICLE 196 – IMPORTATION, SALE AND POSSESSION OF

LOTTERY TICKETS OR ADVERTISEMENTS.
ACTS PUNISHED:
1. By importing into the Philippines form any foreign place or port

any lottery ticket or advertisement.
2. By selling or distributing the name in connivance with the importer.
3. By possessing, knowingly and with intent to use, lottery tickets or
advertisement.
4. By selling or distributing the same without connivance with the
importer.

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ARTICLE 197 – BETTING IN SPORTS CONTESTS
Article 197 was repealed by PRESIDENTIAL DECREE NO. 483

(Penalizing Betting, Game Fixing or Point Shaving and Machinations in
Sport Contests)

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ARTICLE 198 – ILLEGAL BETTING ON HORSE RACE
ACTS PUNISHED:
1. By betting on horse races during the periods not allowed by law.

2. By 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.

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ARTICLE 199 – ILLEGAL COCKFIGHTING
Article 199 was repealed by PRESIDENTIAL DECREE NO. 449

(COCKFIGHTING LAW OF 1974)
To the extent that it is inconsistent with the decre

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ARTICLE 200 – GRAVE SCANDAL
ELEMENTS:
1. The offender performs an act;

2. The act is highly scandalous as offending against decency or good
customs;
3. It is committed in a public place or within public knowledge or
view;
4. The highly scandalous conduct does not expressly fall within any
other article of the RPC.

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ARTICLE 202 – IMMORAL DOCTRINES, OBSCENE PUBLICATIONS

AND EXHIBITIONS AND INDECENT SHOWS

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ARTICLE 202 – PROSTITUTES
There is no more vagrancy, there is only prostitution. It is committed by

women who, for money or profit, habitually indulge in sexual intercourse
or lascivious conduct.

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BOOK II
TITLE SEVEN – CRIMES COMMITTED BY PUBLIC OFFICERS
ARTICLE 203 – WHO ARE PUBLIC OFFICERS

ARTICLE 204 – KNOWINGLY RENDERING UNJUST JUDGMENT
ARTICLE 205 – JUDGMENT RENDERED THROUGH NEGLIGENCE
ARTICLE 206 – UNJUST INTERLOCUTORY ORDER
ARTICLE 207 – MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE
ARTICLE 208 – PROSECUTION OF OFFENSES, NEGLIGENCE AND TOLERANCE
ARTICLE 209 – BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR. —
REVELATION OF SECRETS
ARTICLE 210 – DIRECT BRIBERY
ARTICLE 211 – INDIRECT BRIBERY
ARTICLE 211 A – QUALIFIED BRIBERY
ARTICLE 212 – CORRUPTION OF PUBLIC OFFICIALS
ARTICLE 213 – FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR
OFFENSES
ARTICLE 214 – OTHER FRAUDS
ARTICLE 215 – PROHIBITED TRANSACTIONS

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ARTICLE 216 – POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER

ARTICLE 217 – MALVERSATION OF PUBLIC FUNDS OR PROPERTY
ARTICLE 218 – FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS
ARTICLE 219 – FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER
ACCOUNTS BEFORE LEAVING THE COUNTRY
ARTICLE 220 – ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
ARTICLE 221 – FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY
ARTICLE 222 – OFFICERS INCLUDED IN THE PRECEDING PROVISIONS
ARTICLE 223 – CONNIVING WITH OR CONSENTING TO EVASION
ARTICLE 224 – EVASION THROUGH NEGLIGENCE

ARTICLE 225 – ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT
A PUBLIC OFFICER
ARTICLE 226 – REMOVAL, CONCEALMENT OR DESTRUCTION OF DOCUMENTS
ARTICLE 227 – OFFICER BREAKING SEAL
ARTICLE 228 – OPENING OF CLOSED DOCUMENTS
ARTICLE 229 – REVELATION OF SECRETS BY AN OFFICER
ARTICLE 230 – PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL
ARTICLE 231 – OPEN DISOBEDIENCE

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ARTICLE 232 – DISOBEDIENCE TO ORDER OF SUPERIOR OFFICERS, WHEN SAID

ORDER WAS SUSPENDED BY INFERIOR OFFICER
ARTICLE 233 – REFUSAL OF ASSISTANCE
ARTICLE 234 – REFUSAL TO DISCHARGE ELECTIVE OFFICE
ARTICLE 235 – MALTREATMENT OF PRISONERS
ARTICLE 236 – ANTICIPATION OF DUTIES OF A PUBLIC OFFICE
ARTICLE 237 – PROLONGING PERFORMANCE OF DUTIES AND POWERS
ARTICLE 238 – ABANDONMENT OF OFFICE OR POSITION
ARTICLE 239 – USURPATION OF LEGISLATIVE POWERS
ARTICLE 240 – USURPATION OF EXECUTIVE FUNCTIONS
ARTICLE 241 – USURPATION OF JUDICIAL FUNCTIONS
ARTICLE 242 – DISOBEYING REQUEST FOR DISQUALIFICATION
ARTICLE 243 – ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY
JUDICIAL AUTHORITY
ARTICLE 244 – UNLAWFUL APPOINTMENTS
ARTICLE 245 – ABUSES AGAINST CHASTITY

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ARTICLE 203 – WHO ARE PUBLIC OFFICERS
REQUISITES:
1. Taking part in the performance of public functions in the

Government or performing in said Government or in any of its
branches public duties as an employee, agent or subordinate
official, of any rank or class.
2. That his authority to take part in the performance of public
functions or to perform public duties must be
a. By direct provision of law
b. By popular election
c. By appointment by competent authority

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ARTICLE 204 – KNOWINGLY RENDERING UNJUST JUDGMENT
ELEMENTS:
1. The offender is a judge

2. That he renders a judgment in a case submitted to him for
decision
3. That the judgment is unjust
4. The judge knows that his judgment he rendered is unjust

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ARTICLE 205 – JUDGMENT RENDERED THROUGH NEGLIGENCE
ELEMENTS:
1. The offender is a judge;

2. That he renders a judgment in a case submitted to him for
decision;
3. That the judgment is manifestly unjust; and
4. That it is due to his inexcusable negligence or ignorance.

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ARTICLE 206 – UNJUST INTERLOCUTORY ORDER
ELEMENTS:
1. That the offender is a judge

2. That he performs any of the following acts:
3. Knowingly renders unjust interlocutory order or decree
4. Renders a manifestly unjust interlocutory order or decree through
inexcusable negligence or ignorance

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ARTICLE 207 – MALICIOUS DELAY IN THE ADMINISTRATION OF

JUSTICE
ELEMENTS:
1. Offender is a judge
2. That there is a proceeding in his court
3. That he delays the administration of justice
4. That the delay is malicious, that is, the delay is caused by the
judge with deliberate intent to inflict damage on either party

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ARTICLE 208 – PROSECUTION OF OFFENSES, NEGLIGENCE AND

TOLERANCE
ACTS PUNISHABLE:
1. By maliciously refraining from instituting prosecution against

violators of the law;
2. By maliciously tolerating the commission of offenses the second
act, a crime was about to be committed, he tolerates its
commission.

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ARTICLE 208 – PROSECUTION OF OFFENSES, NEGLIGENCE AND

TOLERANCE
ELEMENTS
1. That the offender is a public officer or officer of the law who has
a duty to cause the prosecution of, or to prosecute, offenses.
2. That 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. That the offender acts with malice and deliberate intent to favor
the violator of the law

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ARTICLE 209 – BETRAYAL OF TRUST BY AN ATTORNEY OR

SOLICITOR. — REVELATION OF SECRETS
ACTS PUNISHED
1. By causing damage to his client either:

a. By any malicious breach of professional duty
b. By inexcusable negligence or ignorance Note: There
must be damage
2. By revealing any of the secrets of his client learned by him in his
professional capacity
Note: Damage is not necessary.
3. By undertaking the defense of the opposing party in the same
case, without consent of his first client, after having undertaken
the defense of said first client or after having received
confidential information from said client.
Note: If the client consents, there is no crime.
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ARTICLE 210 – DIRECT BRIBERY

ELEMENTS
1. That the offender be a public officer within the scope of

Article 203
2. That the offender accepts an offer or promise or receives a gift
or present by himself or through another.
3. That such offer or promise be accepted, or gift or present
received by the public officer –
a. With a view of 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.

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4. That the act which the offender agrees to perform or which he

executes be connected with the performance of his official
duties.

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ARTICLE 211 – INDIRECT BRIBERY
ELEMENTS
1. That the offender is a public officer

2. That he accepts gifts
3. That the said gifts are offered to him by reason of his office.

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ARTICLE 211 A – QUALIFIED BRIBERY
ELEMENTS
1. The offender is a public officer entrusted with law enforcement

2. The offender refrains from arresting or prosecuting an offender
who has committed a crime punishable by reclusion
perpetua/death
3. The offender refrains from arresting or prosecuting the offender
in consideration of a promise, gift or present.

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ANTI-GRAFT AND CORRUP PRACTICES ACT
ELEMENTS OF SECTION 3E or R.A. 3019:

1. The said offender was in charge/performing of his official,
administrative or judicial function;
2. That he acted with manifest partiality, evident bad faith or gross
inexcusable negligence;
3. The said accused caused any undue injury to any party, including
the government, or gave any private party unwarranted benefits,
advantage, or preference in the discharge of his official functions

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ANTI-GRAFT AND CORRUP PRACTICES ACT
MODES OF COMMITTING VIOLATION OF SECTION 3E OF R.A. 3019
1. Through manifest partiality

2. Through evident bad faith
3. Through gross inexcusable negligence

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ARTICLE 212 – CORRUPTION OF PUBLIC OFFICIALS
ELEMENTS
1. That the 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 present
given to a public officer, under circumstances that will make the
public officer liable for direct bribery or indirect bribery

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ARTICLE 213 – FRAUDS AGAINST THE PUBLIC TREASURY AND

SIMILAR OFFENSES
PAR 1: FRAUD AGAINST PUBLIC TREASURY
ELEMENTS
1. That offender be a public officer

2. That he should have taken advantage of his office, that is, he
intervened in the transaction in his official capacity.
3. That he entered into an agreement with any interested party or
speculator or made use of ay other scheme with regard to:
a. Furnishing supplies
b. The making of contracts
c. The adjustment or settlement of accounts relating to
public property or funds.
4. That the accused had intent to defraud the government
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ARTICLE 213 – FRAUDS AGAINST THE PUBLIC TREASURY AND

SIMILAR OFFENSES
PAR 2: ILLEGAL EXACTIONS
ELEMENTS
1. The offender is a public officer entrusted with the collection of

taxes, license, fees, and other imposts.
2. He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment of sums
different from or larger than those authorized by law
b. Failing voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him officially
c. Collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature
different from that provided by law
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ARTICLE 214 – OTHER FRAUDS
ELEMENTS

2. That he takes advantage of his official position
3. That he commits any of the frauds or deceits enumerated in
Articles 315 to 318

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ARTICLE 215 – PROHIBITED TRANSACTIONS
ELEMENTS
1. That the offender is an appointive public officer

2. That he becomes interested, directly or indirectly, in any
transaction of exchange or speculation.
3. That the transaction takes place within the territory subject to his
jurisdiction.
4. That he becomes interested in the transaction during his
incumbency

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ARTICLE 216 – POSSESSION OF PROHIBITED INTEREST BY A

PUBLIC OFFICER
Who are liable for possession of prohibited interest?

1. Public officer who, directly or indirectly, became interested I 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 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.

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ARTICLE 217 – MALVERSATION OF PUBLIC FUNDS OR PROPERTY
ELEMENTS:
1. That the offender be a public officer
2. That he had the custody or control of funds or property by reason
of the duties of his office (i.e. in his official capacity).
3. That those funds or property were public funds or property for
which he was accountable.
4. That he appropriated, took, misappropriated or consented or,
through abandonment or negligence, permitted another person to
take them.

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ARTICLE 218 – FAILURE OF ACCOUNTABLE OFFICER TO RENDER

ACCOUNTS
ELEMENTS:
1. That the offender is a public officer, whether in the service or
separated therefrom.
2. That he must be an accountable officer for public funds or
property.
3. That he is required by law or regulation to render accounts to the
Commission on Audit, or to a provincial auditor.
4. That he fails to do so for a period of two months after such
accounts should be rendered.

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ARTICLE 219 – FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO

RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY
ELEMENTS:
2. That he must be an accountable officer for public funds or property
3. That he must have unlawfully left (or be the on the point of
leaving) the Philippines without securing from the Commission on
Audit a certificate showing that his accounts have been finally
settled.

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ARTICLE 220 – ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
ELEMENTS:
2. That there is public fund or property under his administration
3. That such public fund or property has been appropriated by law or
ordinance
4. That he applies the same to a public use other than that for which
such fund or property has been appropriated by law or ordinance.

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ARTICLE 221 – FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS

OR PROPERTY
ELEMENTS:
1. That the public officer has Government funds in his possession
2. That he is under obligation to make payment from such funds
3. That he fails to make the payment maliciously

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ARTICLE 222 – OFFICERS INCLUDED IN THE PRECEDING

PROVISIONS
PRIVATE INDIVIDUALS WHO MAY BE LIABLE UNDER ARTICLES 217

TO 221:
1. Private individuals, who in any capacity whatsoever, 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

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ARTICLE 223 – CONNIVING WITH OR CONSENTING TO EVASION
ELEMENTS:
1. The offender is a public officer

2. That he had in his custody or charge, a prisoner, either detention
prisoner or prisoner by final judgment
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the latter’s escape.

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ARTICLE 224 – EVASION THROUGH NEGLIGENCE
ELEMENTS:

2. That he is charged with the conveyance or custody of a prisoner,
either detention prisoner or prisoner by final judgment
3. That such prisoner escapes through his negligence.

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ARTICLE 225 – ESCAPE OF PRISONER UNDER THE CUSTODY OF A

PERSON NOT A PUBLIC OFFICER
ELEMENTS:
1. That the offender is a private person

2. That the conveyance or custody of a prisoner or person under
arrest is confided to him
3. That the prisoner or person under arrest escapes.
4. That the offender consents to the escape of the prisoner or person
under arrest, or that the escape takes place through his
negligence.

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ARTICLE 226 – REMOVAL, CONCEALMENT OR DESTRUCTION OF

DOCUMENTS
ELEMENTS:

2. That he abstracts, destroys, or conceals documents or papers
3. That the said documents or papers should have been entrusted to
such public officer by reason of his office.
4. That damage, whether serious or not, to a third party or to the
public interest should have been caused.

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ARTICLE 227 – OFFICER BREAKING SEAL
ELEMENTS:

2. That he is charged with the custody of paper or property
3. That these papers or property are sealed by proper authority
4. That he breaks the seals or permits them to be broken

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ARTICLE 228 – OPENING OF CLOSED DOCUMENTS
ELEMENTS:

2. That any closed papers, documents, or objects are entrusted to
his custody
3. That the opens or permits to be opened said closed papers,
documents or objects
4. That he does not have property authority.

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ACTS PUNISHABLE
1. By revealing any secrets known to the offending public officer by

reason of his official capacity
ELEMENTS:

2. That he knows of a secret by reason of his official capacity
3. That he reveals such secret without authority or justifiable reasons
4. That damage, great or small, be caused to the public interests.

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ACTS PUNISHABLE
2. By delivering wrongfully papers or copies of papers of which he

may have charge and which should not be published.
ELEMENTS:

2. That he has charge of papers
3. That those papers should not be published
4. That he delivers those paper or copies thereof to a third person
5. That the delivery is wrongful
6. That damage be caused to public interest.

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ARTICLE 230 – PUBLIC OFFICER REVEALING SECRETS OF

PRIVATE INDIVIDUAL
ELEMENTS:

2. That he knows of the secrets of a private individual by reason of
his office
3. That he reveals such secrets without authority or justifiable reason.

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ARTICLE 231 – OPEN DISOBEDIENCE
ELEMENTS:
1. That the offender is a judicial or executive officer

2. That there is a judgment, decision or order of a superior authority
3. That such judgment, decision or order was made within the scope
of the jurisdiction of the superior authority and issued with all the
legal formalities
4. That the offender without any legal justification openly refuses to
execute the said judgment, decision or order, which he is duty
bound to obey.

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ARTICLE 232 – DISOBEDIENCE TO ORDER OF SUPERIOR

OFFICERS, WHEN SAID ORDER WAS SUSPENDED BY INFERIOR
OFFICER
ELEMENTS:

2. That an order is issued by his superior for execution
3. That he has for any reason suspended the execution of such order
4. That his superior disapproves the suspension of the execution of
the order
5. That the offender disobeys his superior despite the disapproval of
the suspension

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ARTICLE 233 – REFUSAL OF ASSISTANCE
ELEMENTS:

2. That a competent authority demands from the offender that he lend
his cooperation towards the administration of justice or other public
service.
3. That the offender fails to do so maliciously

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ARTICLE 234 – REFUSAL TO DISCHARGE ELECTIVE OFFICE
ELEMENTS:
1. That the offender is elected by popular election to a public office

2. That he refuses to be sworn in or to discharge the duties of said
office.
3. That there is no legal motive for such refusal to be sworn in or to
discharge the duties of said office.

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

2. That he has under his charge a prisoner or detention prisoner
3. That he maltreats such prisoner in either of the following manners:
a. By overdoing himself in the correction of handling of a
prisoner or detention prisoner under his charge either:
i. By the imposition of punishments not authorized by
the regulations, or
ii. By inflicting such punishments (those
authorized) in a cruel and humiliating manner
b. By maltreating such prisoner to extort a confession or to
obtain some information from the prisoner.

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

2. That he has under his charge a prisoner or detention prisoner
3. That he maltreats such prisoner in either of the following manners:
a. By overdoing himself in the correction of handling of a
prisoner or detention prisoner under his charge either:
i. By the imposition of punishments not authorized by
the regulations, or
ii. By inflicting such punishments (those
authorized) in a cruel and humiliating manner
b. By maltreating such prisoner to extort a confession or to
obtain some information from the prisoner.

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ARTICLE 236 – ANTICIPATION OF DUTIES OF A PUBLIC OFFICE
ELEMENTS:
1. That the offender is entitled to hold a public office or employment,

either by election or appointment
2. That the law requires that he should first be sworn in and/or should
first give a bond
3. That he assumes the performance of the duties and powers of
such office
4. That he has not taken his oath of office and/or given the bond
required by law

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ARTICLE 237 – PROLONGING PERFORMANCE OF DUTIES AND

POWERS
ELEMENTS:
1. That the offender is holding a public office

2. That the period provided by law, regulations or special provisions
for holding such office, has already expired
3. That he continues to exercise the duties and powers of such office.

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ARTICLE 238 – ABANDONMENT OF OFFICE OR POSITION
ELEMENTS:

2. That he formally resigns from his position
3. That his resignation has not yet been accepted
4. That he abandons his office to the detriment of the public service.

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ARTICLE 239 – USURPATION OF LEGISLATIVE POWERS
ELEMENTS:
1. That the offender is an executive or judicial officer

2. That he –
a. Makes general rules or regulations beyond the scope of
his authority
b. Attempts to repeal a law
c. Suspends the execution thereof

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ARTICLE 240 – USURPATION OF EXECUTIVE FUNCTIONS
ELEMENTS:
1. That the offender is a judge

2. That he –
a. Assumes a power pertaining to the executive authorities
b. Obstructs the executive authorities in the lawful exercise of
their powers

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ARTICLE 241 – USURPATION OF JUDICIAL FUNCTIONS
ELEMENTS:
1. That the offender is an officer of the executive branch of the

Government
2. That he –
a. Assumes judicial powers
b. Obstructs the execution of any order or decision rendered
by any judge within his jurisdiction.

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ARTICLE 242 – DISOBEYING REQUEST FOR DISQUALIFICATION
ELEMENTS:

2. That a proceeding is pending before such public officer
3. That there is a question brought before the proper authority
regarding his jurisdiction, which is not yet decided.
4. That he has been lawfully required to refrain from continuing the
proceeding
5. That he continues the proceeding.
Note: The disobeying officer is liable even if the
jurisdictional question was resolved in his favor.

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ARTICLE 243 – ORDERS OR REQUESTS BY EXECUTIVE OFFICERS

TO ANY JUDICIAL AUTHORITY
ELEMENTS:
1. That the offender is an executive officer

2. That he addresses any order or suggestion to any judicial authority
3. That the order or suggestion relates to any case or business
coming within the exclusive jurisdiction of the courts of justice.

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ARTICLE 244 – UNLAWFUL APPOINTMENTS
ELEMENTS:

2. That he nominates or appoints a person to a public officer
3. That such person lacks the legal qualifications therefor
4. That the offender knows that his nominee or appointee lacks the
qualifications at the time he made the nomination or appointment.

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ARTICLE 245 – ABUSES AGAINST CHASTITY
ELEMENTS:

2. That he solicits or makes immoral or indecent advances to a
woman
3. That such woman must be –
a. 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
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

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c. The wife, daughter, sister or relative within the same

degree by affinity of any person in the custody of the
offender

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BOOK II
TITLE EIGHT – CRIMES AGAINST PERSONS
ARTICLE

Book II Elements Lecture 1

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TITLE ONE – CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF

ARTICLE 114 – TREASON

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ARTICLE 114 - TREASON

1. The offender can either be a Filipino citizen or an alien in the

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ARTICLE 115 – CONSPIRACY AND PROPOSAL TO COMMIT

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ARTICLE 116 – MISPRISION OF TREASON

1. That the offender must be owing allegiance to the government,

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ARTICLE 117 – ESPIONAGE

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ARTICLE 117 – ESPIONAGE

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ARTICLE 118 – INCITING TO WAR OR GIVING MOTIVES FOR

1. The offender performs acts unauthorized by the Philippine

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ARTICLE 119 – VIOLATION OF NEUTRALITY

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ARTICLE 120 – CORRESPONDENCE WITH HOSTILE COUNTRY

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ARTICLE 121 – FLIGHT TO ENEMY’S COUNTRY

1. There is a war in which the Philippines is involved;

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ARTICLE 122 – PIRACY IN GENERAL AND MUTINY ON THE HIGH

1. The vessel is on the high seas or in the Philippine waters;

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ARTICLE 122 – PIRACY IN GENERAL AND MUTINY ON THE HIGH

1. The vessel is either on the high seas or on Philippine waters;

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ARTICLE 123 – QUALIFIED PIRACY

The following circumstances would qualify piracy:

1. Whenever the pirates have seized a vessel by firing or boarding

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PD 532 THE ANTI-PIRACY LAW OF 1974

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TITLE TWO – CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE

ARTICLE 124 – ARBITRARY DETENTION

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3 KINDS OF ARBITRARY DETENTION

The following circumstances would qualify piracy:

1. Arbitrary detention under Art. 124 - by detaining a person without

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ARTICLE 124 – ARBITRARY DETENTION

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ARTICLE 125 – DELAY IN THE DELIVERY OF DETAINED PERSONS

1. The offender here is a public officer or employees vested with

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ARTICLE 126 – DELAYING RELEASE

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

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ARTICLE 127 – EXPULSION

1. Offender is a public officer or employee

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ARTICLE 128 – VIOLATION OF DOMICILE

1. The offender is a public officer or employee;

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