Revised Penal Code – Book II  Permanent – consists in the obligation of fidelity and

obedience which a citizen or subject owes to his

Title I government or sovereign.
 Temporary – the obligation of fidelity and obedience
Crimes against National Security and the Law of which a resident alien owes to our government.

Nations
**Resident alien owes a temporary allegiance to the country
Crimes against National Security where he resides.

- Treason. (2) War in which the Philippines is involved

- Conspiracy and proposal to commit treason.
- Misprision of treason. - Treason is a war crime.
- Espionage. - Treason cannot be committed in peace time.
- There are no traitors until war has started.
Crimes against the law of nations.
2 modes of committing Treason
- Inciting to war or giving motives for reprisals.
1. By Levying war against the Government;
- Violation of neutrality.
2. By Adhering to the enemies of the Philippines,
- Correspondence with hostile country.
giving them aid or comfort.
- Flight to enemy’s country.
- Piracy in general and mutiny on the high seas or in “Levies War”
Philippine waters. (Rebellion against authorities)
(1) There be an actual assembling of men;
CHAPTER 1 – Crimes against National Security (2) For the purpose of executing a treasonable design by
force.
Article 114. Treason. – Any Filipino citizen who levies war
against the Philippines or adheres to her enemies, giving “Adherence to the enemy”
them aid or comfort within the Philippines or elsewhere, shall
be punished by reclusion perpetua to death and shall pay a (1) Intent to betray
fine not to exceed 100,000 pesos. (2) Strengthen the enemy in the conduct of war

No person shall be convicted of treason unless on the GR: The extent of the aid and comfort given to the enemies
testimony of two witnesses at least to the same overt must be to render assistance to them as enemies and not
act or on confession of the accused in open court. merely as individuals and be directly in furtherance of their
hostile designs.
Likewise, an alien, residing in the Philippines, who commits
acts of treason as defined in paragraph 1 of this article shall **Mere acceptance ≠ treason
be punished by reclusion temporal to death and shall pay a
**Mere enlistment ≠ levying war because there is no
fine not to exceed 100,000 pesos. (As amended by Sec. 2,
assembling of men
Republic Act No. 7659, which took effect on 31 December
1993) Levying of war must be with the intent to overthrow the
government as such, not merely to resist a particular statute
*RA No. 7659 – Death Penalty Law
or to repel a particular officer.
TREASON Organized attempt of persons joined together in a band to
- A breach of allegiance to a government, overthrow and the established government = levying of war
committed by a person who owes allegiance to & constitutes treason
it. (63 C.J. 814) Principle of Territoriality (RPC Book 1)
- It is the violation by a subject of his allegiance
to his sovereign or liege lord, or to the Crimes against national security (disturbs peace and order,
supreme authority if the state. (US v. Abad) threatens the existence of ph),
^nature of the crime^ crimes against law of nations (against humanity, triable
- USPC Act No. 292, Section 1 defined Treason wherever)
as to consist in levying war against the US or
Gov’t of Ph, or adhering to the enemies, giving Specific Acts of Aid or Comfort Constituting Treason.
them aid and comfort within the Islands.
1. Informer
- Highest of all political crimes; punishable by 2. Spy/agent
death under Section 1 of Act No. 292 3. Finger woman
- Included in the amnesty. 4. Part of mass killing

Elements Ways of Proving Treason

1. That the offender is Filipino citizen or an alien 1. Testimony of two witnesses to the same overt act; or
residing in the Philippines; 2. Confession (of guilt) of the accused in open court.
2. That there is a war in which the Philippines is
involved; Two-witness rule.
3. That the offender either –
Testimony of two witnesses to prove the giving aid or
a. Levies war against the Government; or
comfort.
b. Adheres to the enemies, giving them aid
or comfort. Overt Act in treason.

How to Prove that the Offender is a Filipino Citizen Physical activity that constitutes the rendering of aid and
comfort.
1. By his prison record; and
2. By the testimony of witnesses who know him to have Adherence may be proved:
been born in the Ph of Filipino parents.
1. By 1 witness
(1) Allegiance 2. Nature of the act
3. Circumstances surrounding the act
The obligation of fidelity and obedience which the individuals
owe to the government under which they live or to their Aggravating Circumstances in Treason.
sovereign, in return for the protection they receive.
 1. Cruelty – torture before killing; ignominy
2. Rape, brutality – for personal gain
3. Superior strength and treachery – inherent
treason.
ARTICLE 115. Conspiracy and Proposal to commit Treason
Ways of Committing:
Conspiracy
- Committed when in time of war, two or more
persons come to an agreement to levy war against
the Government or to adhere to the enemies, give
them aid or comfort.
Proposal
- Committed when in time of war a person who has
decided to levy was against the Government or
adhere to the enemies, give them aid and comfort,
proposes its execution to other persons.
*Two-witness rule does not apply to conspiracy or proposal to
commit treason.
ARTICLE 116. Misprision of Treason
Elements
1. Offender must be owing allegiance to the
Government, and not a foreigner;
2. Offender has knowledge of any conspiracy to
commit treason against the Government;
3. Offender conceals / does not disclose the same to
the governor or fiscal of the province or mayor or
fiscal of the city which he resides;
ARTICLE 117. Espionage
Espionage
- The offense of gathering, transmitting, or losing
information respecting the national defense with
intent or reason to believe that the information is to
be used to the (1) injury of the Philippines or (2) to
the advantage of any foreign nation.
Two ways of committing espionage.
1. By entering, without authority, a warship, fort, or
naval or military establishment or reservation to
obtain any information plans, photograph or other
data of a confidential nature relative to the defense
of the PH;
Elements
(a) Offender enters any of the places – warship,
fort, naval or military establishment or
reservation;
(b) Offender has no authority;
(c) Offender’s purpose is to obtain information
relative to the defense of the PH.
2. By disclosing to the representative of a foreign
nation the contents of the articles, data or
information referred to in par. 1 (plans, photographs,
relative to the defense of PH) which he had in his
possession by reason of public office he holds.
Elements
(a) Offender is a public officer;
(b) Offender has in his possession the articles,
data or information by reason of public
office he holds;
(c) Offender discloses the contents to a
representative of a foreign nation.
PERSONS LIABLE
Par. 1 – any person, citizen or foreigner, private individual or
public officer
If public officer or employee, penalty is the next higher
degree
Par. 2 – public officer who has in his possession the article,
data or information by reason of the public office he holds.
in
ESPIONAGE TREASON
May be committed in both in Committed only in time of
time of peace and in time of war
war
May be committed in many Limited to levying war and
ways (Commonwealth Act adhering to the enemy
No. 616) giving them aid or comfort
Commonwealth Act No. 616
Section 1. Unlawful obtaining or permitting to be obtained
information affecting national defense.
Section 2. Unlawful disclosing of information affecting national
defense.
Section 3. Disloyal acts or words in time of peace.
Section 4. Disloyal acts or words in time of war.
Section 5. Conspiracy to violate preceding sections.
Section 6. Harboring or concealing violators of the law.
Section Two
CRIMES PROVOKING WAR AND DISLOYALTY IN CASE
OF WAR
1. Inciting to war or giving motives for reprisals. (118)
2. Violation of neutrality. (119)
3. Correspondence with hostile country. (120)
4. Flight to enemy’s country. (121)
ARTICLE 118. Inciting to was or giving motives for reprisals.
COMMMITTED IN TIME OF PEACE
Elements
1. Offender performs unlawful or unauthorized acts.
2. Such acts provoke or give occasion for a war
involving the Philippines or expose Filipino citizens to
reprisals on their persons or property.
*Intention is immaterial
ARTICLE 119. Violation of neutrality.
COMMITTED IN TIME OF WAR, PH NOT INVOLVED THEREAT
Elements
1. There is a war in which the Philippines in not
involved;
2. There is a regulation issued by competent authority
for the purpose of enforcing neutrality;
3. Offender violates such regulation.
Neutrality
- A nation or power which takes no part in a contest of
arms (war) going on between others.
ARTICLE 120. Correspondence with hostile country.
COMMITTED IN TIME OF WAR, PH INVOLVED
Elements
1. It is in time of war which the Philippines is involved;
2. Offender makes correspondence with an enemy
country or territory occupied by enemy troops;
3. The correspondence is either –
a. Prohibited by the government
b. Carried on in ciphers/ conventional signs
c. Containing notice or information which
might be useful to the enemy
Correspondence
 - Communication by means of letter; or may refer to
letters passed between those who have friendly or
business relations.
*Intent to aid the enemy
Special Complex Crime (Composite Crime)
- Composed of two or more crimes that the law treats
as a single indivisible for being a product of a single
criminal impulse.

Compound Crime

ARTICLE 121. Flight to enemy’s country. - Consists of a single act giving rise to two or more
grace or less grave felonies.
Elements

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

Complex Crime Proper
2. Offender must be owing allegiance to the
Government; - Consists of an offense that is a necessary means to
3. Offender attempts to flee or go to enemy country commit another.
4. Going to enemy country is prohibited by competent
authority. Accomplice

Natural or Temporary allegiance. - Assists another in the commission of a crime.

Accessory
Section Three
- Provides aid to the principal
PIRACY AND MUTINY ON THE HIGH SEAS IN PH
- Primary actor, but does not assist in carrying out the
WATERS crime
ARTICLE 122. Piracy
Qualified piracy is a special complex crime – reclusion
2 ways of committing piracy
perpetua to death
1. Attacking or seizing a vessel on the high seas or in
Philippine waters;
2. Seizing in the vessel while on the high seas or in Philippine Waters and Vessel.
Philippine waters the whole of its cargo, equipment
or personal belongs of complement or passengers Philippine Waters

Elements - all bodies of water connecting each of the islands of

1. A vessel is on the high seas or in Philippine waters;
2. Offenders are not members of its complement or
passengers of the vessel;
3. Offenders (a) attack or seize the vessel, or (b) seize
the whole or part of its cargo, equipment or personal
belongings of its complement or passengers.
the Philippine Archipelago, and all waters belonging
to the Philippines, including territorial sea, the sea-
bed, the insular shelves, and other submarine areas
over which the Philippine has sovereignty or
jurisdiction.
Vessel

High Seas. - any vessel or watercraft used for transport of

passengers and cargo from one place to another
Any waters on the sea coast which are without the boundaries through Philippine waters.
of low-water mark, although such waters may be in the
jurisdictional limits of a foreign government. Title Two

Piracy. CRIMES AGAINST THE FUNDAMENTAL

LAWS OF THE STATE
It is robbery or forcible depredation on the high seas, without
lawful authority and done with animo furandi (the intent to
1. Arbitrary detention. (124)
steal) and in the spirit and intention of universal hostility.
2. Delay in the delivery of detained persons to the
Mutiny. proper judicial authorities. (125)
3. Delaying release. (126)
Committed by other members of the complement; may be 4. Expulsion. (127)
committed by passengers of the vessel. 5. Violation of domicile. (128)
6. Search warrants maliciously obtained and abuse in
It is the unlawful resistance to a superior officer, or the the service of those legally obtained. (129)
raising of commotions and disturbances on board a ship 7. Searching domicile without witnesses. (130)
against the authority of its commander. 8. Prohibition, interruption, and dissolution of peaceful
meetings. (131)
PIRACY MUTINY 9. Interruption of religious worship. (132)
Attackers are strangers to Attackers are members of 10. Offending the religious feelings. (133)
the vessel. the crew or passengers.
Offenders may intent to ^said crimes violate certain provisions of the Bill of Rights of
ignore the ship’s officers or the 1987 Constitution
Intent to gain is essential.
prompted by desire to
commit plunder.
Article III –
Both are considered terrorism when: creating a condition
of widespread and extraordinary fear and panic among the Section 1 (liberty) – Articles 124, 125, 126
populace, in order to coerce the government to give in to Section 6 (abode) – Article 127
an unlawful demand. Section 2 (search&seizure) – Articles 128, 129, 130
Section 4 (speech) – Article 131
Section 5 (religion) – Articles 132, 133
ARTICLE 123. Qualified Piracy
Section One
Those who commit any of the crimes (piracy/mutiny) referred
to in the preceding article, ARTICLE 124. Arbitrary detention.
1. Have seized a vessel by boarding or firing upon the
same; Elements
2. Pirates have abandoned their victims without means
of saving themselves; or 1. Offender is a public officer or employee.
3. Crime is accompanied by murder, homicide, physical 2. Offender detains a person.
injuries, or rape. 3. The detention is without legal grounds/
*Public officers liable must be vested with authority to detain
- policemen & other agents of the law & PI conspired with PO
Detention by a private individual – article 267 or 268.
Without legal grounds.
- No crime was committed by the detainee
- Not suffering from violent insanity or any other
ailment requiring compulsory confinement.
Detention
- The actual confinement of a person in an enclosure
depriving him of his liberty.
Legal grounds for detaining a person.
1. The commission of a crime;
2. Violent insanity or other ailment requiring
compulsory confinement in a hospital.
Valid warrantless arrest.
(1) When in the presence of the arresting officer, the
person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(2) When the arresting officer has the probable cause to
believe based on personal knowledge of facts and
circumstances that the person has committed it;
(3) When the person to be arrested is a prisoner who
has escaped from a penal establishment where he is
serving final judgment or tempo confined while case
is pending, or while being transferred from one to
another.
Probable Cause
Such facts and circumstances which could lead a
reasonable discreet and prudent man to believe that an
offense has been committed.
ARTICLE 125. Delay in the delivery of detained persons to
the proper judicial authorities.
Elements
1. Offender is a public officer or employee.
2. Offender has detained a person for some legal
ground.
3. Offender fails to deliver such person to the proper
judicial authorities within:
a. 12 hours – offenses punishable by light
penalties
b. 18 hours – offenses punishable by
correctional penalties
c. 36 hours – offenses punishable by afflictive
or capital penalties
Article 124 – arbitrary Article 125 – delay in the
detention delivery of detained
person
Detention is illegal from the Illegality of detention starts
beginning. from the expiration of the
periods of time specified.
ARTICLE 126. Delaying Release
Acts punishable by Art. 126
1. Delaying the performance of a judicial or executive
order for the release of a prisoner;
2. Unduly delaying the service of the notice of such
order to said prisoner;
3. Unduly delaying the proceeding upon any petition for
the liberation of such person.
Elements
1. Offender is a public officer or employee;
2. There is a judicial or executive order for the release
of a prisoner;
3. Offender without good reason delays the service of
the order, performance of the order to release, or
proceedings upon a petition for release.
ARTICLE 127. Expulsion
Acts punishable under Art. 127
1. Expelling a person from the Philippines;
2. Compelling a person to change his residence
Elements
1. Offender is a public officer or employee;
2. Offender expels any person from the Philippines, or
compels a person to change his residence;
3. Offender is not authorized to do so by law
Section Two
Crimes known as violation of domicile:
Violation of domicile. (128)
Search warrants maliciously obtained and abuse in
the service of those legally obtained. (129)
Searching domicile without witnesses. (130)
ARTICLE 128. Violation of Domicile
the Three Acts punishable under Art. 128
1. Entering any dwelling against the will of the owner;
2. Searching papers or other effects found without the
consent of the owner;
3. Refusing to leave the premises after having
surreptitiously entered and required to leave the
same
Entry by private individual – trespass to dwelling (art. 280)
Surreptitious entry.
Circumstances qualifying the offense:
1. Committed at nighttime;
2. Any paper or effects not constituting evidence of a
crime are not returned immediately after the search
made by the offender
ARTICLE 129. Search warrants maliciously obtained and
abuse in the service of those legally obtained.
Acts punishable with regard to search warrants.
1. Procuring a search warrant without just cause;
2. Exceeding his authority or using unnecessary
severity in executing a search warrant legally
procured
Elements (1)
a. Offender is a public officer or employee;
b. Offender procures a search warrant;
c. No just cause
Search Warrant
- An order in writing issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding the
latter to search for personal property described
therein and bring it before the court.
Elements (2)
a. Offender is a public officer or employee;
b. Offender legally procured a search warrant;
c. Offender exceeds his authority or uses unnecessary
severity in executing the same
ARTICLE 130. Searching domicile without witnesses.
Elements
1. Offender is a public officer or employee;
2. Offender is armed with search warrant legally
procured;
3. Offender searches domicile, papers or other
belongings of any person;
4. Owner or any member or two witnesses residing in
the same locality are not present
Section Three
ARTICLE 131. Prohibition, interruption, and dissolution of
peaceful meetings.
Acts punishable – punishable meetings, assoc.,
petitions
 1. Prohibiting or interrupting without legal ground,
holding of a peaceful meeting or dissolving the Rebellion Insurrection
same; Movement to overthrow and Movement which seeks to
2. Hindering any person from joining any lawful supersede the existing effect some change of minor
association; government importance or prevent the
3. Prohibiting or hindering any person from addressing exercise of governmental
any petition to the authorities for redress of authority
grievances.

Section Four Rebellion Treason

Involves taking up arms Levying of war performed to
ARTICLE 132. Interruption of religious worship
against the Government aid the enemy;
Elements Committed by mere
adherence to the enemy
1. Offender is a public officer or employee;
2. Religious ceremonies are about to take place or are
on-going;
3. Offender prevents or disturbs the same

Circumstances qualifying the offense.

ARTICLE 134-A. Coup d’etat
- Committed with violence or threats.
Elements
ARTICLE 133. Offending religious feelings
1. Offender belongs to the military or police or holding
Elements
any public office or employment;
1. Acts complained of were performed in a place 2. Committed by means of a swift attack accompanied
devoted to religious worship or during the by violence, intimidation, threat, strategy or stealth;
celebration of any religious ceremony; 3. The attack is directed against duly constituted
2. Acts must be notoriously offensive to the feelings of authorities of the Philippines or any military camp, or
the faithful public utilities needed for the exercise and continued
possession of power;
Title Three 4. Purpose of the attack is to seize or diminish state
power.
CRIMES AGAINST PUBLIC ORDER
ARTICLE 135. Penalty for rebellion, insurrection or coup
1. Rebellion or Insurrection. (134) d’etat
2. Coup d’etat. (134-A)
3. Conspiracy and proposal to commit coup d’etat, rebellion Persons liable:
or insurrection. (136)
4. Penalty for rebellion, insurrection, or coup d’etat. (135) A. Leaders
5. Disloyalty of Public Officers or employees. (137) a. Any person who promotes, maintains, or
6. Inciting to rebellion. (138) heads a rebellion or insurrection;
7. Sedition. (139) b. Any person who leads, directs or commands
8. Penalty for sedition. (140) other to undertake a coup d’etat.
9. Conspiracy to commit sedition. (141) B. Participants
10. Inciting to sedition. (142) a. Participates or executes commands in
11. Acts tending to prevent the meeting of Congress and rebellion or insurrection
similar bodies. (143) b. Member of the government – participates or
12. Disturbance of proceedings of Congress or similar bodies. executes directions or commands of others
(144) in undertaking a coup d’etat.
13. Violation of parliamentary immunity. (145)
14. Illegal assemblies. (146) Political Crimes Common Crimes
15. Illegal associations. (147) Directly aimed against Committed to achieve a
16. Direct assaults. (148) political order political purpose
17. Indirect assaults. (149)
18. Disobedience to summons issued by Congress, its
committees, etc., by the constitutional commissions, its ARTICLE 136. Conspiracy and Proposal to commit coup
committees, etc. (150) d’etat, rebellion, or insurrection.
19. Resistance and disobedience to a person in authority or
Crimes defined and penalized:
the agents of such person. (151)
20. 1. Conspiracy to commit rebellion; and
21. Tumults and other disturbances of public order. (153) 2. Proposal to commit rebellion
22. Unlawful use of means of publication and unlawful
utterances. (154) (1) --- two or more persons come to an agreement to rise
23. Alarms and scandals. (155) publicly and take arms against the Gov’t and decide to
24. Delivering prisoners from jails. (156) commit it
25. Evasion of service of sentence. (157)
26. Evasion on occasion of disorders. (158) (2) --- person who has decided to rise publicly and take arms
27. Violation of conditional pardon. (159) against the Gov’t proposes its execution to some other
28. Commission of another crime during service of penalty persons.
imposed for another previous offense. (160)
ARTICLE 137. Disloyalty of public officers or employees
ARTICLE 134. Rebellion or insurrection
Acts of disloyalty punishable
Elements
1. Failing to resist a rebellion by all the means in their
1. There be a public uprising and taking arms against power;
the Government; 2. Continuing to discharge the duties of their offices
2. Purpose of the uprising or movement is either – under the control of rebels; or
a. To remove from allegiance to said Gov’t or 3. Accepting appointment to office under them.
its laws:
i. Territory of the PH ARTICLE 138. Inciting to rebellion or insurrection.
ii. Any body of land, naval or other
Elements
armed forces
b. To deprive the Chief Executive or Congress, 1. Offender does not take arms or is not in open
wholly or partially, of any of their powers or hostility against the Government;
prerogatives.
 2. Offender incites others to the execution of any of the 3. Inciting is done by means of speeches,
acts of rebellion; proclamations, writings, banners, or other
3. Inciting is done by means of speeches, representations tending to the same end.
proclamations, emblems, banners, or other
representations tending to the same end.

Chapter Two
Proposal to commit
Inciting to Rebellion Crimes against popular representation
Rebellion
Offender induces another to commit rebellion 1. Acts tending to prevent the meeting of the National
Decision to commit rebellion Person who proposes has Assembly and similar bodies (143);
not required. decided to commit rebellion. 2. Disturbances of proceedings (144);
Act of inciting is done Person who proposes 3. Violation on parliamentary immunity (145);
publicly execution uses secret
means Section One

ARTICLE 139. Sedition ARTICLE 143. Acts tending to prevent the meeting of the
Assembly and similar bodies
Elements
Elements
1. Offenders rise (1) publicly or (2) tumultuously;
2. Offenders employ force, intimidation, or other means 1. There be a projected or actual meeting of the Nat’l
outside of legal methods; Assembly, constitutional committees, or any
3. Offenders employ means to attain: provincial board;
a. Prevent the promulgation or execution of 2. Offender who may be any person prevents such
any law or holding of any popular election meeting by force or fraud
b. Prevent Nat’l Gov’t or any public officer from
freely exercising its functions, or prevent ARTICLE 144. Disturbance of proceedings
execution of any administrative order;
c. Inflict any act of hate or revenge upon Elements
person of any public officer;
1. There be a meeting of the National Assembly or any
d. Commit any, for political end, act of hate or
of its committees or subcommittees, constitutional
revenge against private persons; and
commissions or of any provincial board
e. Despoil, for political end, any person or the
2. Offender
Nat’l Gov’t of all its property or any part
a. Disturbs any of such meetings
thereof.
b. Behaves while in the presence of any such
Sedition bodies as to interrupt its proceedings or
impair the respect due it.
- The raising of commotions or disturbances in the
state. Section Two

ARTICLE 145. Violation of parliamentary immunity

Rebellion Sedition
Acts punishable
There must be public uprising
Taking up of arms against Public uprising is 1. Use of force, intimidation, threats, or frauds to
the Gov’t tumultuous prevent any member from (1) attending the
Purpose: always political Purpose: political or social meetings or (2) from expressing his opinions or (3)
casting his vote
Sedition Treason
Raising of commotions or Violation of a person’s Elements (1) ^^
disturbances in the State allegiance to the supreme
2. Arresting or searching any member while the
authority of the State
assembly is in regular or special session
ARTICLE 140. Penalty for sedition
Elements (2)
- Prision mayor
a. Offender is public officer / employee
Persons liable b. Offender arrests / searches any member of the
assembly
1. Leader of sedition c. At the time of arrest / search, assembly is in regular
2. Other persons participating in the sedition or special session
d. Member arrested / searched has not committed a
ARTICLE 141. Conspiracy to commit sedition crime punishable under RPC

Agreement and decision to rise publicly and tumultuously to

attain sedition.
CHAPTER THREE
Proposal to commit is not punishable.
ARTICLE 146. Illegal Assemblies
ARTICLE 142. Inciting to sedition
Forms of Illegal Assemblies
Acts of Inciting to sedition
1. Any meeting attended by armed persons for the
1. Inciting others to the accomplishment of any of the purpose of committing any of the crimes punishable
acts by means of proclamations, speeches, etc. under the RPC;
2. Uttering seditious words or speeches which tend to 2. Any meeting in which the audience, whether armed
disturb public peace. or not, is incited to the commission of the crime of
3. Writing, publishing or circulating scurrilous libels treason, rebellion or insurrection, sedition, or assault
against the Gov’t. upon a person in authority or his agents.

Scurrilous – low, vulgar, mean or foul. Elements of the first form (1)

Elements 1. There is a meeting, a group of persons, whether in

fixed place or moving;
1. Offender does not take direct part in the crime of 2. The meeting is attended by armed persons;
sedition; 3. The purpose of the meeting is to commit any of the
2. Offender incited others to the accomplishment of the crimes punishable under the RPC.
seditious acts;
Elements of the second form (2)
 1. There is a meeting, a group of persons, whether in a
fixed place or moving;
2. The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion, or
insurrection, sedition or direct assault.
Question: suppose the audience is incited to the commission
of the above-mentioned crimes, what is the liability of the
leaders? The leaders or organizers are liable for the crime of
illegal assemblies.
Question: what is the liability of persons inciting? Person/s
inciting are liable for the crime of inciting to rebellion or
sedition.
Persons liable:
1. Organizers or leaders of the meeting;
2. Persons present at the meeting
*no intent to commit = no liable
a. Is engaged in the actual performance of
official duties; or
b. That the assaulted, by reason of the past
performance of official duties
4. That the offender knows that the on he is assaulting
is a person in authority or his agent in the exercise of
his duties
5. That there is no public uprising
Question: What is penalized in the crime of direct assault?
The crime of direct assault punishes the spirit of lawlessness
and the contempt or hatred for the authority or the rule of
law
GR: Where the spirit of the contempt or lawlessness
is present, it is always complexed with the material
consequences of the unlawful act.
XPN: The only time it is not complexed is when
material consequence is a light felony, that is, slight
physical injury because the said injuries are
considered as an incident or consequence of the
force and violence employed.

Note: Direct assault absorbs light felony because light felony is the
means of committing direct assault.

ARTICLE 147. Illegal Association

Punishable Acts: Person in authority

1. Associations totally or partially organized for the - Person directly vested with jurisdiction.
purpose of committing any of the crimes punishable i.e. barangay chairmain
under the RPC.
2. Associations totally or partially organized for some Agent of person in authority
purpose contrary to public morals.
- Any person who by direct provision of law or by
Persons Liable: election or by appointment by competent authority,
is charged with the maintenance of public order and
1. Founders, directors and president of the association; the protection and security of life and property.
2. Members of the associations. i.e. brgy. Kagawad, tanod

Note: Teachers, professors, and persons charged with the supervision

Illegal Assembly
Gathering for an illegal
purpose which constitute a
crime under RPC
Actual meeting is necessary
Acts punished are meeting
and attendance during such
meeting
of public or duly recognized private schools, colleges, and universities
Illegal Association
and lawyers in the actual performance of their duties or on the
Association to engage in an occasion of such performance, shall be deemed a person in authority.
unlawful purpose not limited
to a violation of RPC Question: When is Direct Assault qualified? (1) When
Actual meeting not committed with a weapon, (2) offender is a public officer or
necessary employee, and (3) offender lays a hand upon a person in
Acts punished are forming authority.
and membership in the
association ARTICLE 149. Indirect Assault

Elements:

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE
TO PERSONS IN AUTHORITY AND THEIR AGENTS
ARTICLE 148. Direct Assault
Punishable Acts:
1. First form: without public uprising, by employing
force or intimidation for attainment of any of the
purposes enumerated in defining the crimes of
rebellion and sedition;
2. Second form: without public uprising, by attacking,
employing force, or seriously intimidating any person
in authority or any of his agents, while engaged in
the performance of official duties.
1. Person in authority or his agent is the victim of the
forms of direct assault;
2. A person comes to the aid of such authority or his
agent;
3. Offender makes use of force or intimidation upon
such person coming to the aid of the authority or his
agent.
Question: To whom is the assault directed? To the person
who comes in the aid of a person in authority or his agent.
As Article 149 now stands, the crime of indirect assault can
only be committed if a private person who comes in the aid of
an agent of a person in authority on the occasion of direct
assault against the latter, is assaulted.

Elements of the first form (1) ARTICLE 150. Disobedience to summons issued by congress,
its committees or subcommittees, by the constitutional
1. That the offender employs force or intimidation; commissions, its committees, subcommittees or divisions
2. That the aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the Punishable Acts:
objects in the crime of sedition;
3. That there is no public uprising. 1. Refusing, without legal excuse, to obey summons of
Congress, it’s special or standing committees and
subcommittees, the Constitutional Commissions and
Elements of the second form (2) its committees, subcommittees or divisions, or by
any commission or committee chairman or member
1. That the offender: authorized to summon witnesses;
a. Makes an attack 2. Refusing to be sworn or placed under affirmation
b. Employs force while being presented before such legislative or
c. Makes a serious intimidation constitutional body or official;
d. Makes a serious resistance 3. Refusing to answer any legal inquiry or to produce
2. That the person assaulted is a person in authority or any books, papers, documents or records in his
his agent possession, when required by them to do so in the
3. That at the time of the assault the person in exercise of their functions;
authority or his agent
 4. Restraining another from attending as a witness in o Maintenance of public order; and
such legislative or constitutional body; o Protection and security of life and property.
5. Inducing disobedience to a summons or refusal to be
sworn by any such body or official. i.e.
Barangay Kagawad
Persons liable: Barangay Tanod
Barangay Councilman
1. Any person who commits any of the above acts; Any person who comes to the aid of persons in authority.
2. Any person who:
a. Restrains another from attending as witness
b. Induces him to disobey a summons
c. Induces him to refuse to be sworn to such
PUBLIC DISORDER
body
ARTICLE 153. Tumults and other disturbances of public
ARTICLE 151. Resistance and disobedience to a person
order
authority or their agents
Punishable Acts:
Resistance and Serious Disobedience
Article 151(1) 1. Causing any serious disturbance in a public place,
office or establishment;
Elements:
2. Interrupting or disturbing performances, functions or
1. Person in authority or his agent is engaged in the gatherings, or peaceful meetings, if act is not
performance of official duty or gives a lawful order to included in Arts. 131 and 132;
the offender; 3. Making any outcry tending to incite sedition in any
2. Offender resists or seriously disobeys such person in meeting, association or public place;
authority or his agent; 4. Displaying placards, or emblems which provoke a
3. Act of the offender is not included in the provisions disturbance of public order in such place;
of Arts. 148, 149 and 150. 5. Burying with pomp the body of a person who has
been legally executed.
Simple Disobedience
Article 151(1) Question: When is the disturbance deemed tumultuous?
When it is caused by more than three persons who are armed
Elements: or provided with means of violence.

1. An agent of a person in authority is engaged in the

performance of official duty or gives a lawful order to Making any outcry Inciting to sedition or
the offender tending to incite sedition rebellion
2. Offender disobeys such agent of a person in or rebellion
authority The meeting at the outset The meeting from the
3. Such disobedience is not a serious nature was legal, and became a beginning was unlawful.
public disorder only because
of such outcry.
Resistance or Serious Direct Assault The outbursts which by The words uttered are
Disobedience nature may tend to incite deliberately calculated with
Person in authority or his Person in authority or his rebellion or sedition are malice, aforethought to
agent must be in actual agent must be engaged in spontaneous incite others to rebellion or
performance of his duties the performance of official sedition.
duties or that he is
assaulted by reason ARTICLE 154. Unlawful use of means of publication and
thereof. unlawful utterances
Committed only by resisting Committed in four ways By:
or seriously disobeying a - Attacking. Punishable Acts:
person in authority or his - Employing force
agent. - Seriously 1. Publishing or causing to be published, by means of
intimidating printing, lithography or any other means of
- Seriously resisting publication, as news any false news which may
a person in endanger the public order, or cause damage to the
authority or his interest or credit of the State.
agent 2. Encouraging disobedience to the law or to the
The use of force is not so The attack or employment constituted authorities or by praising, justifying or
serious, as there is no of force which give rise to extolling any act punished by law, by the same
manifest intention to defy the crime of direct assault means or by words, utterances and speeches.
the law and the officers must be serious and 3. Maliciously publishing, causing to be published any
enforcing it. deliberate. official resolution or document without proper
authority, or before they have been published
ARTICLE 152. Persons in authority and agents of persons in officially.
authority 4. Printing, publishing, or distributing books,
pamphlets, periodicals or leaflets which do not bear
Person in Authority the real printer’s name, or which are classified as
anonymous.
- A person in authority is one directly vested with
jurisdiction, that is, the power and authority to ARTICLE 155. Alarms and Scandals
govern and execute the laws.
Punishable Acts:
i.e.
Mayors 1. Discharging any firearm, rocket, firecracker, or other
Division superintendent of school explosive within any town or public place, calculated
Public and private school teachers to cause alarm or danger.
Provincial Fiscal 2. Instigating or taking an active part in any charivari
Judges or other disorderly meeting offensive to another or
Lawyers in actual performance of duties prejudicial to public tranquility.
Sangguniang Bayan member 3. Disturbing the public peace while wandering about at
Barangay Chairman night or while engaged in any other nocturnal
Members of the Lupong Tagapamayapa amusements.
4. Causing any disturbance or scandal in public places
Agents of a person in authority while intoxicated or otherwise, provided the act is
not covered by Art. 153
- Any person who by direct provision of law or by
election or by appointment by competent authority is Question: If a firearm is discharged, what are the crimes
charged with the: that may possibly arise?
 1. Alarms and scandals – If the offender discharges a
firearm in a public place but the firearm is not
pointed to a particular person when discharged.
2. Illegal discharge of firearm – If the firearm was
directed to a particular person who was not hit if
intent to kill is not proved.
3. Attempted homicide or murder – If the person was
hit, automatically, the crime is attempted homicide
or murder, if there is intent to kill.
4. Physical injuries – If the person was hit and injured
but there was no intent to kill.
5. Grave coercion – If the threat was directed,
immediate and serious and the person is compelled
or prevented to do something against the will.
Charivari
- a mock serenade of discordant noises made of cans,
pans, kettles, tins, horns etc. designed to annoy and
insult. This brings about the crime of alarms and
scandals.
Question: What offenses are possibly committed by creating
noise and annoyance?
1. Alarms and scandals – If the disturbance affects the
public in general (i.e. by playing noisily during the
wee hours in the morning in the neighborhood).
2. Unjust vexation – If the noise is directed to a
particular person or a family.
ARTICLE 156. Delivering prisoners from jail
Elements:
1. There is a person confined in a jail or penal
establishment;
2. Offender removes therefrom such person or helps
the escape of such person.
Persons liable
1. Usually, an outsider to the jail
2. It may also be:
a. An employee of the penal establishment
who does not have the custody of the
prisoner
b. A prisoner who helps the escape of another
prisoner
Delivering prisoners from Infidelity in the custody
jail of prisoners
Offender is no the custodian The offender is the
of the prisoner at the time custodian at the time of the
of the escape/removal escape/removal
Qualifying Circumstance
- Violence
- Intimidation
- Bribery
Mitigating Circumstance
- If it takes place outside the penal establishment by
taking the guards by surprise.
ARTICLE 157. Evasion of service of sentence
Elements:
1. Offender is a convict by final judgment;
2. He is serving his sentence which consist of
deprivation of liberty;
3. He evades the service of his sentence by escaping
during the term of his sentence.
Qualifying Circumstance
If evasion or escape takes place:
- By means of unlawful entry (by scaling);
- By breaking doors, windows, gates, walls, roofs, or
floors;
- By using picklocks, false keys, disguise, deceit,
violence or intimidation; or
- Through connivance with other convicts or
employees of the penal institution.
Forms of evasion of sentence:
1. By leaving or escaping from the penal establishment
under Art. 157;
2. Failure to return within 48 hours after having left the
penal establishment because of a calamity,
conflagration or mutiny and such calamity,
conflagration or mutiny has been announced as
already passed under Art. 158;
3. Violating the condition of conditional pardon under
Article 159.
ARTICLE 158. Evasion of service of sentence on the occasion
of disorders, conflagrations, earthquakes or other calamities
Elements:
1. Offender is a convict by final judgment, who is
confined in a penal institution
2. There is disorder, resulting from:
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe
e. Mutiny in which he has not participated
3. Offender evades the service of his sentence by
leaving the penal institution where he is confined on
the occasion of such disorder or during the mutiny
4. Offender fails to give himself up to the authorities
within 48 hours following the issuance of
proclamation by Chief Executive announcing the
passing away of such calamity.
Mutiny in the second form (e):
The mutiny referred to here involves subordinate personnel
rising against the supervisor within the penal establishment.
Question: What is mutiny? A mutiny is an organized unlawful
resistance to a superior officer similar to sedition or a revolt.
ARTICLE 159. other cases of evasion of service
Violation of Conditional Pardon
Conditional Pardon
A contract between the Chief Executive, who grants the
pardon and the convict, who accepts it.
Usually, the condition of a conditional pardon is that the
prisoner shall not commit any crime anymore. So, if he
committed an offense while on pardon, he has violated this
article. However, there must be a final conviction for the
second offense.
Elements:
1. Offender was a convict
2. He was granted a conditional pardon by the Chief
Executive
3. He violated any of the conditions of such pardon
Violation of Conditional Evasion of Service of
Pardon Sentence
It is not a public offense for It is a public offense
it does not cause harm or separate and independent
injury to the right of from any other act.
another person nor does it
disturb public order.
Title Four
CRIMES AGAINST PUBLIC INTEREST
Crimes against public interest
 1. Counterfeiting the great seal of the Government of ARTICLE 163. Making and importing and uttering false coins.
the Philippines, forging the signature or stamp of the
Chief Executive. (161) Elements
2. Using forged signature or counterfeit seal or stamp.
(162)
1. There be false or counterfeited coins
3. Making and importing and uttering false coins. (163)
2. Offender made, imported or uttered such coins
4. Mutilation of coins, importation and uttering of
3. In case of uttering such false or counterfeited coins,
mutilated coins. (164)
he connived with the counterfeiters or importers
5. Selling of false or mutilated coins, without
connivance. (165)
6. Forging treasury or bank notes or other documents Counterfeiting
payable to bearer, importing, and uttering of such
false or forged notes and documents. (166) - To imitate a coin that is genuine. It gives an
7. Counterfeiting, importing and uttering instruments appearance of one of legal tender. The coin is
not payable to bearer. (167) counterfeit even if it has more intrinsic value than
8. Illegal possession and use of forged treasury or bank the coin of legal tender.
notes and other instruments of credit. (168)
9. Falsification of legislative documents. (170) Criterion of counterfeiting
10. Falsification by public officer, employee or notary. - The imitation must be such as to deceive an
(171) ordinary person in believing it to be genuine.
11. Falsification by private individuals and use of falsified Consequently, if the imitation is so imperfect
documents. (172) that no one was deceived, the felony cannot be
12. Falsification of wireless, cable, telegraph and consummated.
telephone messages and use of said falsified
messages. (173) Acts of Falsification
13. False medical certificates, false certificates of merit
or service. (174)
14. Using false certificates. (175) 1. Counterfeiting – refers to money or currency
15. Manufacturing and possession of instruments or 2. Forgery – refers to instruments of credit and
implements for falsification. (176) obligations and securities issued by the Philippine
16. Usurpation of authority or official functions. (177) Government of any banking institution authorized by
17. Using fictitious name and concealing true name. the Philippine government to issue the same
(178) 3. Falsification – can only be committed in respect of
18. Illegal use of uniform or insignia. (179) documents
19. False testimony against a defendant. (180)
20. False testimony favorable to the defendant. (181) ARTICLE 164. Mutilation of coins; Importation and utterance
21. False testimony in civil cases. (182) of mutilated coins.
22. False testimony in other cases and perjury. (183)
23. Offering false testimony in evidence. (184) Punishable Acts
24. Machinations in public auction. (185)
25. Monopolies and combinations in restraint of trade. 1. Mutilating coins of legal currency with the further
(186) requirement that there be intent to damage or
26. Importation and disposition of falsely marked articles defraud another
or merchandise made of gold, silver, or other 2. Importing or uttering such mutilated coins, with the
precious metals or their alloys. (187) further requirement that there must be connivance
27. Substituting and altering trademarks and trade name with the mutilator or importer in case of uttering.
s or service marks. (188)
28. Unfair competition and fraudulent registration of
Mutilation
trade mark or trade name, or service mark;
fraudulent designation of origin, and false
description. (189) - Diminishing or taking off by ingenuous means part of
the metal in the coin either by filing or substituting it
for another metal of inferior quality.
Chapter One

Requisites of Mutilation
FORGERIES
(Articles 161-174)
1. Coin mutilated is of legal tender
2. Offender gains from the precious metal dust
Section One - Forging the seal of the Government of the
abstracted from the coin
Philippine Islands, the signature or stamp of the Chief
3. It has to be a coin.
Executive.

ARTICLE 165. selling of false or mutilated coin, without

ARTICLE 161. Counterfeiting the great seal of the
connivance
government of the Philippine Islands, Forging the signature or
stamp of the Chief Executive
Punishable Acts
Elements
1. Possession of coins counterfeited or mutilated by
another person, with intent to utter the same,
1. Forging the great seal of the Government of the
knowing that it is false or mutilated.
Philippines
2. Actually uttering such false or mutilated coin,
2. Forging the signature of the President
knowing the same to be false or mutilated.
3. Forging the stamp of the President of the
Government of the Philippines
Section Three — Forging treasury or bank notes, obligations
and securities; importing and uttering false or forged notes,
ARTICLE 162. Using forged signature or counterfeit seal or
obligations and securities.
stamp

ARTICLE 166. Forging treasury or bank notes on other

Elements
documents payable to bearer; importing, and uttering such
false or forged notes and documents.
1. Great Seal of the Republic was counterfeited or the
signature or stamp of the Chief Executive was forged
Punishable Acts
by another person
2. Offender knew of the counterfeiting or forgery
3. He used the counterfeit seal or forged signature or 1. Forging or falsification of treasury or bank notes or
stamp other documents payable to bearer.
2. Importation of such false or forged obligations or
notes.
Section Two - COUNTERFEITING COINS
 Note: It means to bring them into the Philippines, Question: In checks and other commercial documents, how
which presupposes that the obligations or notes is forgery committed? Forgery is committed when the figures
are forged or falsified in a foreign country. or words are changed which materially alters the document.
3. Uttering obligations or note knowing them to be false
or forged, whether such offer is accepted or not, with
a representation. Section Four. — Falsification of legislative, public, commercial,
and private documents, and wireless, telegraph, and
telephone message.
FORGERY FALSIFICATION
Committed by giving to a Committed by erasing,
treasury or bank note or any substituting, counterfeiting, or ARTICLE 170. Falsification of legislative documents
instrument payable to the altering by any means, the
bearer or to order the figures, letters, words, or signs
Elements
appearance of true and genuine contained therein.
document.
1. There be a bill, resolution or ordinance enacted or
notes and other obligations and securities that may be approved or pending approval by either House of the
forged or falsified under Art. 166 Legislature or any provincial board or municipal
council
2. Offender alters the same
1. Treasury or bank notes
3. He has no proper authority therefore
2. Certificates
4. Alteration has changed the meaning of the document
3. Other obligations and securities payable to bearer

Document
ARTICLE 167. Counterfeiting, importing and uttering
instruments not payable to bearer.
- It is any written instrument by which a right is
established or an obligation is extinguished, or every
Elements
deed or instrument executed by a person by which
some disposition or agreement is proved, evidenced
1. There be an instrument payable to order or other or set forth.
document of credit not payable to bearer
2. Offender forged, imported or uttered such
Kinds of Documents
instrument
3. In case of uttering, he connived with the forger or
importer 1. Public document – any instrument notarized by a
notary public or competent public official with the
solemnities required by law.
Acts of Forgery
E.g.
1. Forging instruments payable to order or documents a. Civil service examination papers
of credit not payable to bearer b. Official receipt required by the government to be
2. Importing such false instruments issued upon receipt of money for public
3. Uttering such false instruments in connivance with purposes
the forger or the importer c. Residence certificate
d. Driver’s license
ARTICLE 168. Illegal possession and use of false treasury or
bank notes and other instruments of credit. 2. Official document – any instrument issued by the
government or its agents or officers having authority
Elements to do so and the offices, which in accordance with
their creation, they are authorized to issue.
1. Any treasury or bank notes or certificate or other
obligation and security payable to bearer, or any E.g.
instrument payable to order or other document of Register of attorneys officially kept by the Clerk of
credit not payable to bearer is forged or falsified by the Supreme Court in which it is inscribed the name
another person of each attorney admitted to the practice of law.
2. Offender knows that any of those instruments is
forged or falsified 3. Private document – every deed or instrument by a
3. He performs any of these acts: private person without the intervention of the notary
a. Using any of such forged or falsified public or of any other person legally authorized, by
instrument; or which document some disposition or agreement is
b. Possessing with intent to use any of such proved, evidenced or set forth.
forged or falsified instruments 4. Commercial document – any instrument executed in
accordance with the Code of Commerce of any
Question: Is possession of false treasury or bank notes alone mercantile law containing disposition of commercial
without intent to use a criminal offense enough to rights or obligations.
consummate the crime? No. But mere possession with intent
to utter consummates the crime of illegal possession of false E.g.
notes. a. Bills of exchange
b. Letters of Credit
ARTICLE 169. Forgery c. Checks
d. Quedans
e. Drafts
Committed by:
f. Bills of lading

1. By giving to a treasury or bank note or any ***Before a document may be considered official, it must first be
instrument payable to bearer or to order mentioned public document. To become an official document, there must be a law
therein, the appearance of a true and genuine which requires a public officer to issue or to render such document
document
2. By erasing, substituting, counterfeiting, or altering 5 Classes of Falsification
by any means the figures, letters, words, or signs
contained therein. 1. Falsification of legislative documents
2. Falsification of a document by a public officer,
Essence of Forgery employee or notary public
3. Falsification of public or official, or commercial
documents by a private individual
- Giving a document the appearance of a true and
4. Falsification of private document by any person
genuine document.
5. Falsification of wireless, telegraph and telephone
messages
ARTICLE 171. Falsification by public officer, employee or 1. Public officer, employees, or notary public who takes
notary or ecclesiastic minister. advantages of official position
2. Ecclesiastical minister if the act of falsification may
Punishable Acts affect the civil status of persons
3. Private individual, if in conspiracy with public officer
1. Counterfeiting or imitating any handwriting,
signature or rubric; ARTICLE 172. Falsification by private individual and use of
2. Causing it to appear that persons have participated falsified documents.
in any act or proceeding when they did not in fact so
participate; Punishable Acts
3. Attributing to persons who have participated in an
act or proceeding statements other than those in fact
1. Falsification of public official or commercial document
made by them;
by a private individual.
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
Elements:
6. Making any alteration or intercalation in a genuine
a. Offender is a private individual or public officer
document which changes its meaning;
or employee who did not take advantage of his
7. Issuing in an authenticated form a document
official position
purporting to be a copy of an original document
b. b. He committed any act of falsification
when no such original exists, or including in such a
c. c. The falsification is committed in a public,
copy a statement contrary to, or different from, that
official, or commercial document or letter of
of the genuine original; or
exchange
8. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry, or official
2. Falsification of private document by any person
book.

Elements Elements
a. Offender committed any of the acts of
falsification except Art. 171 (7), that is issuing in
1. Offender is a public officer, employee, or notary
an authenticated form a document purporting to
public.
be a copy of an original document when no such
2. He takes advantage of his official position –
original exists, or including in such a copy a
a. He has the duty to make or prepare or to
statement contrary to, or different from that of
otherwise intervene in the preparation of
the genuine original
the document; or
b. Falsification was committed in any private
b. He has the official custody of the document
document
which he falsifies.
c. Falsification cause damage to a third party or at
3. He falsifies a document by committing any of the
least the falsification was committed with intent
following acts:
to cause such damage
a. Counterfeiting or imitating any handwriting,
signature or rubic;
3. Use of falsified document.
b. Causing it to appear that persons have
participated in any act or proceeding when
Elements
they did not in fact so participate;
a. In introducing in a judicial proceeding –
c. Attributing to persons who have participated
 Offender knew that the document was
in an act or proceeding statement other
falsified by another person
than those in fact made by them;
 The falsified document is in Articles 171
d. Making untruthful statements in a narration
or 172 (1 or 2)
of facts
 He introduced said document in
evidence in a judicial proceeding
b. In use in any other transaction –
 Offender knew that a document was
Elements falsified by another person
i. That the offender makes in a  The false document is embraced in Art.
document untruthful statement in a 171 or 172 (1 or 2)
narration of facts;  He used such document
ii. That he has legal obligation to  The use caused damaged to another or
disclose the truth of the facts at least used with intent to cause
narrated by him; damage
iii. The facts narrated by the offender
are absolutely false. Falsification of Public Falsification of Private
iv. The untruthful narration must be Document Document
such as to affect the integrity of Aside from falsification,
the document or to change the prejudice to a third person
effects which it would otherwise Mere falsification is enough
or intent to cause it, is
produce. essential.
e. Altering true dates There is no complex crime
Note: This mode of falsification is of estafa through
committed only if the true date is
Can be complexed with falsification of a private
essential.
other crimes if the act of document. Hence, when one
f. Making any alteration or intercalation in a
falsification was the makes use of a private
genuine document which changes its
necessary means in the document, which he
meaning
Note: The alteration must affect either commission of such crimes, falsified, to defraud
the veracity of the document or the like estafa, theft, or another, there results only
effect thereof. The alteration which malversation. one crime: that of
makes a document speak the truth does falsification of a private
not constitute falsification. document.
g. Issuing in authenticated form a document
purporting to be a copy of any original
document when no such copy a statement
ARTICLE 173. Falsification of wireless, cable, telegraph and
contrary to, or different from that of the
telephone messages, and use of said falsified messages.
genuine original
h. Intercalating any instrument or note relative
to the issuance thereof in a protocol, Punishable Acts
registry or official book
1. Uttering fictitious, wireless, telegraph or telephone
Persons liable message
2. Falsifying wireless, telegraph or telephone message

Elements:
a. 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
b. He falsifies wireless, cable telegraph or
telephone message
3. Using such falsified message
Elements
a. Offender knew that wireless, cable, telegraph, or
telephone message was falsified by an officer or
employee of a private corporation, engaged in
the service of sending or receiving wireless,
cable or telephone message
b. He used such falsified dispatch
c. The use resulted in the prejudice of a third party
or at least there was intent to cause such
prejudice
Section Five. — Falsification of medical certificates,
certificates of merit or services and the like.
OTHER FALSIFICATIONS
Section One. — Usurpation of authority, rank, title, and
improper use of names, uniforms and insignia.
Article 177. Usurpation of authority or official functions.
Forms of Usurpation
1. Usurpation of Authority – Knowingly and falsely
representing oneself to be an officer, agent or
representative of any department or agency of the
Philippine Government or any foreign government.
2. Usurpation of Official Functions – Performing any act
pertaining to any person in authority or public officer
of the Philippine Government or of a foreign
government or any agency thereof, under pretense
of official position, and without being lawfully entitled
to do so.
Question: Can a public official commit this crime? Yes.
Violation of Art. 177 is not restricted to private individuals,
public officials may also commit this crime.

ARTICLE 174. False medical certificates, false certificates of Article 178. Using fictitious name and concealing true name.
merits or service, etc.
Punishable Acts
Punishable Acts
1. Using fictitious name
1. Issuance of false certificate by a physician or
surgeon in connection with the practice of his Elements
profession; a. Offender uses a name other than his real name
2. Issuance of a false certificate or merit or service, b. He uses the fictitious name publicly
good conduct or similar circumstances by a public c. Purpose of use is to conceal a crime, to evade
officer; the execution of a judgment or to cause damage
3. Falsification by a private person of any certificate (to public interest)
falling within 1 and 2.
2. Concealing true name
Certificate
- Any writing by which testimony is given that a fact Elements
has or has not taken place. a. Offender conceals his true name and other
personal circumstances
b. Purpose is only to conceal his identity
Persons Liable
1. Physician or surgeon
2. Public officer Fictitious Name
3. Private individual who falsified a certificate falling in
the classes mentioned in nos. 1 and 2. - any other name which a person publicly applies to
himself without authority of law.

Using fictitious name Concealing true name

Element of publicity must Element of publicity is not
be present. necessary.
The purpose is either to
conceal a crime, to evade
The purpose is merely to
the execution of a
ARTICLE 175. Using false certificates. conceal identity.
judgment, or to cause
damage.
Elements

1. A physician or surgeon had issued a false medical ARTICLE 179. Illegal use of uniforms or insignia.
certificate, or public officer had issued a false
certificate or service, good conduct, or similar Elements
circumstance, or a private person had falsified any of
said certificates
1. Offender makes use of insignia, uniform or dress
2. Offender knew that the certificate was false
2. The insignia, uniform or dress pertains to an office
3. He used the same
not held by the offender or to a class of persons of
which he is not a member
Section Six. — Manufacturing, importing and possession of 3. Said insignia, uniform, or dress is used publicly and
instruments or implements intended for the commission of improperly
falsification.ch
Section Two. — False testimony
Article 176. Manufacturing and possession of instruments or
implements for falsification.
False Testimony

Punishable Acts
- A declaration under oath of a witness in a judicial
proceeding which is contrary to what is true, or to
1. Making or introducing into the Philippines any
deny the same or to alter essential truth.
stamps, dies, marks, or other instruments or
implements for counterfeiting or falsification
2. 2. Possessing with intent to use the instrument or Three Forms of FT
implements for counterfeiting or falsification made in
or introduced into the Philippines by another person 1. Criminal Cases
2. Civil Cases
Chapter Two 3. Other Cases
ARTICLE 180. False testimony against a defendant. Note: Mere assertion of falsehood is not enough to amount to perjury.
The assertion must be deliberate and willful.

Elements
Question: What could be used as a defense? Good faith or
lack of malice is a defense in perjury. The assertion must be
1. There is a criminal proceeding deliberate and willful.
2. Offender testifies falsely under oath against the
defendant therein
ARTICLE 184. Offering false testimony in evidence.
3. Offender who gives false testimony knows that it is
false
4. Defendant against whom the false testimony is given Elements
is either acquitted or convicted in a final judgment
1. Offender offered in evidence a false witness or false
Art. 180 applies to Special Penal Laws because Special Penal testimony
Laws follow the nomenclature of the RPC. 2. He knew the witness or testimony was false
3. Offer was made in a judicial or official proceeding
ARTICLE 181. False testimony favorable to the defendants.
Subordination of Perjury
- The act of a person of procuring a false witness to
**Intent to favor the accused is essential.
testify and thereby commit perjury. It is the act of
the procurer.
ARTICLE 182. False testimony in civil cases.

Elements Chapter Three

FRAUDS
1. Testimony must be given in a civil case.
2. It must relate to the issues presented in said case Section One. — Machinations, monopolies and combinations
3. It must be false
4. It must be given by the defendant knowing the same ARTICLE 185. Machinations in public auctions.
to be false
5. It must be malicious and given with an intent to
Punishable Acts
affect the issued presented in said case

1. Soliciting any gift or promise as a consideration for

Question: Suppose the false testimony is given a special
refraining from taking part in any public auction.
proceeding (i.e. probate proceeding), what is the crime
committed? Perjury.
Elements
a. There is a public auction
ARTICLE 183. False testimony in other cases and perjury in
b. Offender solicits any gift or compromise
solemn affirmation.
from any of the bidders
c. Such gift or promise is the consideration for
Punishable Acts his refraining from taking part in that public
auction
1. Falsely testifying under oath d. Offender has the intent to cause the
2. Making a false affidavit. reduction of the price of the thing auctioned

Elements 2. Attempting to cause bidders to stay away from an

auction by threats, gifts, promises or any other
1. Accused made a statement under oath or executed artifice.
an affidavit upon a material matter
Elements
2. Statement or affidavit was made before a competent
a. There is a public auction
officer, authorized to receive and administer oath
b. Offender attempts to cause the bidders to
3. In that statement or affidavit, the accused made a
stay away from that public auction
willful and deliberate assertion of a falsehood
c. It is done by threats, gifts, promises or any
4. Sworn statement or affidavit containing the falsity is
other artifice
required by law
d. Offender has the intent to cause the
reduction of the price of the thing auctioned
Perjury
- The willful and corrupt assertion of falsehood under
ARTICLE 186. Monopolies and combinations in restraint of
oath or affirmation administered by authority of law
trade.
on a material matter.

Monopoly
Oath
- A privilege or peculiar advantage vested in one or
- Any form of attestation by which a person signifies
more persons or companies, consisting in the
that he is bound in conscience to perform an act
exclusive right or power to carry on a particular
faithfully and truthfully.
article or control the sale or the whole supply of a
particular commodity.
Material Matter
- the main fact which is the subject of the inquiry or
Combination in restraint of trade
any circumstance which tends to prove that fact, or
- an agreement or understanding between two or
any fact or circumstance which tends to corroborate
more persons, in the form of contract, trust, pool,
or strengthen the testimony relative to the subject of
holding company or other form of association, for the
inquiry, or which legitimately affects the credit of any
purpose of unduly restricting competition,
witness who testifies.
monopolizing trade and commerce in a certain
commodity, controlling its production, distribution
Perjury False Testimony
and price, or otherwise interfering with freedom of
Any willful and corrupt
trade without authority.
assertion of falsehood on
Given in the course of a
material matter under oath
judicial proceeding Punishable Acts
and not given in judicial
proceedings
Contemplates actual trial 1. Combination to prevent free competition in the
There is perjury even during market.
where judgment of
the preliminary
conviction or acquittal is
investigation. Elements
rendered.
Perversion of truth
 a. Entering into any contract or agreement or
taking part in any conspiracy or combination in
the form of a trust or otherwise
b. In restraint of trade or commerce or to prevent
by artificial means free competition in the
market
2. Monopoly to restrain free competition in the market.
Elements
a. By monopolizing any merchandise or object of
trade or commerce, or by combining with any
other person or persons to monopolize said
merchandise or object
b. In order to alter the prices thereof by spreading
false rumors or making use of any other artifice
c. To restrain free competition in the market
3. Manufacturer, producer, or processor or importer
(persons liable) combining, conspiring or agreeing
with any person (how crime committed) to make
transactions prejudicial to lawful commerce or to
increase the market price of merchandise (purpose
of the crime).
Elements
a. Manufacturer, producer, processor or importer of
any merchandise or object of commerce
b. Combines, conspires, or agrees with any person
c. Purpose is to make transactions prejudicial to
lawful commerce or to increase the market price
of any merchandise or object of commerce
manufactured, produced, processed, assembled
or imported into the Philippines
Unfair Competition
- Consists in employing deception or any other means
contrary to good faith by which any person shall pass
off the goods manufactured by him or in which he
deals, or his business, or services for those one
having established goodwill or committing any act
calculated to produce the result.
Grounds for liability
1. Knowingly permitting commission of the punishable
acts; or
2. Failing to prevent the commission of the said acts.
Section Two. — Frauds in commerce and industry
ARTICLE 187. Importation and disposition of falsely marked
articles or merchandise made of gold, silver, or other precious
metals or their alloys.
Elements
1. Offender imports, sells, or disposes of any of those
articles or merchandise
2. Stamps, brands, or marks of those articles of
merchandise fail to indicate the actual fineness or
quality of said metals or alloys
3. Offender knows that the stamps, brands or marks
fail to indicate the actual fineness or the quality of
the metals or alloys
Involved articles of merchandise
1. Gold
2. Silver
3. Other precious metals
4. Their alloys
ARTICLE 188. Subsisting and altering trade-mark, trade-
names, or service marks.
Punishable Acts
1. Substituting the trade name or trademark of some
other manufacturer or dealer, or a colorable imitation
thereof, for the tradename or trademark of the real
manufacturer or dealer upon any article of commerce
and selling the same
2. Selling or offering for sale such articles of commerce,
knowing that the trade name or trademark has been
fraudulently used
3. Using or substituting the service mark of some other
person or colorable imitation of such mark, in the
sale or advertising of his services
4. Printing, lithographing or reproducing tradename,
trademark, or servicemark of one person, or a
colorable imitation thereof, to enable the person to
fraudulently use the same knowing the fraudulent
purpose for which it is to be used.
ARTICLE 189. Unfair competition, fraudulent registration of
trade-mark, trade-name or service mark, fraudulent
designation of origin, and false description.
Punishable Acts
1. Selling goods, giving them the general appearance of
the goods of another manufacturer or dealer. (Unfair
competition)
2. Affixing to his good or using in connection with his
services a false designation of origin, or any false
description or representation and selling such goods
or services (Fraudulent designation of origin. (False
description)
Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS
Chapter One
ARTICLE 203. Public Officers
To be a public officer, one must:
1. Take part in the performance of public functions in
the government, or in performing in said government
or in any of its branches public duties as an
employee, agent or subordinate official, or any rank
or class; and
2. That his authority to take part in the performance of
public functions or to perform public duties must be
by –
a. Direct provision of the law
b. Popular election
c. Appointment by competent authority
Chapter Two
Malfeasance and Misfeasance
(1) Knowingly rendering unjust judgment. (204)
(2) Rendering judgment through negligence. (205)
(3) Rendering unjust interlocutory order. (206)
(4) Malicious delay in the administration of justice.
(207)
(5) Dereliction of duty in prosecution of offenses. (208)
(6) Betrayal of trust by an attorney or solicitor —
revelation of secrets. (209)
(7) Direct bribery. (210)
(8) Indirect bribery. (211)
Nos. 1, 2, 3 and 4 are misfeasances in office that a
judge can commit.
Nos. 7 and 8 are malfeasances in office that a public
officer can commit.
No. 5 is nonfeasance.
Misfeasance
- The improper performance of some act which might
lawfully be done.
Crimes of misfeasance
1. Direct bribery
2. Indirect bribery
Malfeasance
- The performance of some act which ought not to be
done.
Crimes of misfeasance
3. Knowingly rendering unjust judgment
4. Rendering judgment through negligence
5. Rendering unjust interlocutory order
6. Malicious delay in the administration of justice
Nonfeasance
- The omission of some act which ought to be
performed.

Crime of Nonfeasance
1. Dereliction of duty in the prosecution of
offenses.

ARTICLE 204. Knowingly rendering unjust judgment.

Elements

1. Offender is a judge
2. He renders a judgment in a case submitted to him
for decision
3. That the judgment is unjust
4. That the judge knows that his judgment is unjust

Judgment
- The final consideration and determination of a court
of competent jurisdiction upon the matters submitted
to it, in action or proceeding.

Unjust Judgment
- One which is contrary to law or is not supported by
the evidence or both.

Sources of unjust judgment

1. Error
2. Ill‐will or revenge
3. Bribery

ARTICLE 205. Judgment rendered through negligence.

Elements

1. Offender is a judge
2. He renders a judgment in a case submitted to him
for decision
3. Judgment is manifestly unjust
4. It is due to his inexcusable negligence or ignorance

“Manifestly unjust judgment”

- A judgment which cannot be explained with
reasonable interpretation or is a clear,
incontrovertible and notorious violation of a legal
precept.

ARTICLE 206. Unjust interlocutory order.

Elements
1. Offender is a judge
2. He performs any of the following acts:
a. Knowingly renders an unjust interlocutory
order or decree; or
b. Renders a manifestly unjust interlocutory
order or decree through inexcusable
negligence or ignorance.
Interlocutory Order - issued by the court deciding a
collateral or incidental matter; it is not a final determination
of the issues of the action or proceeding.