CRIMES AGAINST PUBLIC

ORDER
 GROUP MEMBERS:
BALUNOS, ARRON
CARULLA, JENNIFER
GONZAGA, APRIL JULIE MAE
PAREDES, DARLENE GRACE
TENAJA, MARK
CHAPTER 1: REBELLION, SEDITION AND DISLOYALTY

ARTICLE134: REBELLION OR INSURRECTION; HOW COMMITTED. - THE CRIME OF REBELLION OR INSURRECTION

IS COMMITTED BY RISING PUBLICLY AND TAKING ARMS AGAINST THE GOVERNMENT FOR THE PURPOSE OF
REMOVING FROM THE ALLEGIANCE TO SAID GOVERNMENT OR ITS LAWS, THE TERRITORY OF THE PHILIPPINE
ISLANDS OR ANY PART THEREOF, OF ANY BODY OF LAND, NAVAL OR OTHER ARMED FORCES, DEPRIVING THE
CHIEF EXECUTIVE OR THE LEGISLATURE, WHOLLY OR PARTIALLY, OF ANY OF THEIR POWERS OR PREROGATIVES.

ELEMENTS:

1. PUBLIC UPRISING AND TAKING ARMS AGAINST THE GOVERNMENT;

2. PURPOSE:
A. TO REMOVE FROM THE ALLEGIANCE TO GOVERNMENT OR LAWS:
• TERRITORY OF PHILIPPINES (IN WHOLE OR IN PART);
• BODY OF LAND, OR ARMY/NAVAL/OTHER FORCES; OR
B. TO DEPRIVE CHIEF EXECUTIVE OR CONGRESS WHOLLY OR PARTIALLY OF POWERS OR PREROGATIVES.
REBELLION AND INSURRECTION, DISTINGUISHED

REBELLION
PURPOSE IS TO OVERTHROW OR THE EXISTING GOVERNMENT

INSURRECTION
PURPOSE IS TO EFFECT A CHANGE OF MINOR IMPORTANCE, OR TO PREVENT THE
EXERCISE OF GOVERNMENT AUTHORITY WITH RESPECT TO PARTICULAR
MATTERS
REBELLION IN GENERAL: CRIME OF MASSES
A CRIME OF MASSES, OF THE MULTITUDE; CANNOT BE COMMITTED BY ONLY ONE
PERSON. IT IS A CONTINUING CRIME.

NECESSITY OF PUBLIC UPRISING AND TAKING UP OF ARMS

A PUBLIC UPRISING AND THE TAKING UP OF ARMS ARE NECESSARY AS OVERT ACTS TO
CONSTITUTE REBELLION. HOWEVER, TAKING PART IN THE CLASH OF ARMS IS NOT
NECESSARY TO BE CONVICTED OF REBELLION.

IDENTIFYING SELF WITH A GROUP

IF THERE IS CONSPIRACY, KNOWINGLY IDENTIFYING ONE’S SELF WITH A GROUP THAT
COMMITS REBELLION IS ENOUGH FOR CONVICTION THEREOF, EVEN IF HE HIMSELF DID
NOT RISE PUBLICLY AND TAKE ARMS.
WHEN CONSUMMATED
CONSUMMATED THE VERY MOMENT REBELS RISE AND TAKE ARMS AGAINST THE
GOVERNMENT. THEY DO NOT NEED TO ACHIEVE THEIR PURPOSE FOR REBELLION
TO BE CONSUMMATED.
ARTICLE 134-A. COUP D'ETAT; HOW COMMITTED. - THE CRIME OF COUP
D'ETAT IS A SWIFT ATTACK ACCOMPANIED BY VIOLENCE, INTIMIDATION,
THREAT, STRATEGY OR STEALTH, DIRECTED AGAINST DULY CONSTITUTED
AUTHORITIES OF THE REPUBLIC OF THE PHILIPPINES, OR ANY MILITARY
CAMP OR INSTALLATION, COMMUNICATIONS NETWORK, PUBLIC UTILITIES
OR OTHER FACILITIES NEEDED FOR THE EXERCISE AND CONTINUED
POSSESSION OF POWER, SINGLY OR SIMULTANEOUSLY CARRIED OUT
ANYWHERE IN THE PHILIPPINES BY ANY PERSON OR PERSONS,
BELONGING TO THE MILITARY OR POLICE OR HOLDING ANY PUBLIC OFFICE
OF EMPLOYMENT WITH OR WITHOUT CIVILIAN SUPPORT OR PARTICIPATION
FOR THE PURPOSE OF SEIZING OR DIMINISHING STATE POWER.
ELEMENTS:

1. OFFENDER: MEMBER OF THE MILITARY, POLICE FORCE, OR ANY PUBLIC OFFICER OR EMPLOYEE,
AND ANY POSSIBLE CIVILIAN SUPPORTERS.

2. MEANS: SWIFT ATTACK ACCOMPANIED BY VIOLENCE, INTIMIDATION, THREAT, STRATEGY, OR

STEALTH;

3. POSSIBLE TARGETS: DULY CONSTITUTED AUTHORITIES OF THE PHILIPPINES; ANY MILITARY

CAMP/INSTALLATION, COMMUNICATION NETWORKS, PUBLIC UTILITIES, OR OTHER FACILITIES
NEEDED FOR THE EXERCISE AND CONTINUED POSSESSION OF POWER; AND

4. PURPOSE: TO SEIZE OR DIMINISH STATE POWER

ART. 135: PENALTY FOR COUP D’ÉTAT, REBELLION AND INSURRECTION

Participant Acts Penalty

FOR REBELLION/INSURRECTION

Leaders Promotes, maintains, heads Reclusion Perpetua

Participants Participates or executes the Reclusion Temporal
commands of others
FOR Coup d’Etat

Leaders Leads, directs, or commands others Reclusion Perpetua

to undertake a coup d'etat
Participants in government service Participates or executes the Prision Mayor in its
commands of others maximum period
Participants not in government service Aids, abets, finances, or otherwise Reclusion Temporal in its
assists commission maximum period
ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ÉTAT,
REBELLION, OR INSURRECTION

THE CRIMES PENALIZED UNDER ARTICLE 136 ARE:

1. CONSPIRACY TO COMMIT REBELLION;

2. PROPOSAL TO COMMIT REBELLION;
3. CONSPIRACY TO COMMIT COUP D’ÉTAT
4. PROPOSAL TO COMMIT COUP D’ÉTAT
Coup d’Etat and Rebellion, Distinguished

Coup d’Etat Rebellion

Purpose: 1. To remove from the allegiance to the
Government or its laws, the territory of the
To seize or diminish state power. Philippines, or any body of land, naval or other
Criminal objective is to destabilize, immobilize or paralyze armed forces; or
the existing government. 2. To deprive the Chief Executive or Congress of
any of their powers Criminal objective is to
overthrow the government and for the offenders
to establish
their own.
Manner of Commission:
Committed through force and violence or at least
Swift attack accomplished by violence, intimidation, threat, by intimidation or threats, by: Public uprising;
strategy or stealth. and By taking arms against the Government for
any of the purposes specified in Art. 134
As to the object against which the attack is
Committed:
Directed against the Government
Directed against the 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
As to the person committing:

The principal offenders should belong to the Any person, whether public officer or not
military or police forces or hold any public office
or employment, but may also have civilian
supporters
As to the number of offenders:

May be committed singly or collectively Involves a multitude of people

ARTICLE 137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES. - THE PENALTY
OF PRISION CORRECCIONAL IN ITS MINIMUM PERIOD SHALL BE IMPOSED UPON
PUBLIC OFFICERS OR EMPLOYEES WHO HAVE FAILED TO RESIST A REBELLION BY
ALL THE MEANS IN THEIR POWER, OR SHALL CONTINUE TO DISCHARGE THE DUTIES
OF THEIR OFFICES UNDER THE CONTROL OF THE REBELS OR SHALL ACCEPT
APPOINTMENT TO OFFICE UNDER THEM. (REINSTATED BY E.O. NO. 187).

ELEMENTS:
1. PUBLIC OFFICERS OR EMPLOYEES
2. WHO:
A. FAIL TO RESIST A REBELLION BY ALL MEANS IN THEIR POWER;
B. SHALL CONTINUE TO DISCHARGE THE DUTIES OF THEIR OFFICES UNDER THE CONTROL OF THE
REBELS; OR
C. ACCEPT APPOINTMENT TO OFFICE UNDER THEM
ARTICLE 138. INCITING A REBELLION OR INSURRECTION - THE PENALTY OF PRISION
MAYOR IN ITS MINIMUM PERIOD SHALL BE IMPOSED UPON ANY PERSON WHO,
WITHOUT TAKING ARMS OR BEING IN OPEN HOSTILITY AGAINST THE GOVERNMENT,
SHALL INCITE OTHERS TO THE EXECUTION OF ANY OF THE ACTS SPECIFIED IN
ARTICLE 134 OF THIS CODE, BY MEANS OF SPEECHES, PROCLAMATIONS, WRITINGS,
EMBLEMS, BANNERS OR OTHER REPRESENTATIONS TENDING TO THE SAME END. 

ELEMENTS:
1. THAT THE OFFENDER DOES NOT TAKE UP 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.
APPLICABILITY

1. PEOPLE INCITED MUST NOT ACTUALLY COMMIT REBELLION FOR

ARTICLE138 TO APPLY.

2. IF PEOPLE INCITED COMMIT REBELLION, ARTICLE 138 IS NOT

APPLICABLE.
A. PEOPLE INCITED WOULD BE GUILTY OF REBELLION AS PRINCIPALS
BY DIRECT PARTICIPATION.
B. PERSON INCITING WOULD BE GUILTY OF REBELLION AS PRINCIPAL
BY INDUCEMENT.
Inciting to Rebellion and Proposal To Commit Rebellion, Distinguished

INCITING TO REBELLION PROPOSAL TO COMMIT REBELLION

It is not required that the offender has decided The person who proposes has decided to commit
to commit rebellion; and rebellion; and

The inciting is done publicly The person who proposes the execution of the crime
uses secret means
ART. 139: SEDITION
ACT OF INDIVIDUALS WHO RISE PUBLICLY AND TUMULTUOUSLY IN ORDER TO
ATTAIN BY FORCE SPECIFIC OBJECTIVES (WHICH ARE NOT THOSE OF
REBELLION/INSURRECTION)
ELEMENTS:
1. OFFENDER RISES PUBLICLY AND TUMULTUOUSLY

2. MEANS: FORCE, INTIMIDATION AND OUTSIDE

3. OBJECTIVES:

A. PREVENT PROMULGATION/EXECUTION OF LAW OR HOLDING OF POPULAR ELECTION;

B. PREVENT GOVERNMENT OR OFFICER THEREOF FROM FREELY EXERCISING FUNCTIONS;

C. INFLICT ACT OF HATE OR REVENGE UPON PUBLIC OFFICER OR EMPLOYEE OR HIS PROPERTY;

D. COMMIT, FOR POLITICAL OR SOCIAL ENDS, ANY ACT OF HATE OR REVENGE ON ANY PERSON OR SOCIAL CLASS;
OR

E. DESPOIL, FOR ANY POLITICAL OR SOCIAL END, ANY PERSON, THE GOVERNMENT, OR ANY DIVISION THEREOF OF
ALL OR SOME OF THEIR PROPERTY.
PENALTY FOR SEDITION (ARTICLE 140)

LEADER: PRISION MAYOR IN ITS MINIMUM PERIOD AND FINE NIT EXCEEDING 10,000.00

OTHER PERSONS PARTICIPATING: PRISION CORRECCIONAL IN ITS MAXIMUM PERIOD

FINE NIT EXCEEDING 5,000.00
ARTICLE 141. CONSPIRACY TO COMMIT SEDITION. - PERSONS
CONSPIRING TO COMMIT THE CRIME OF SEDITION SHALL BE
PUNISHED BY PRISION CORRECCIONAL IN ITS MEDIUM PERIOD AND
A FINE NOT EXCEEDING 2,000 PESOS. 

= THERE MUST BE AN AGREEMENT AND A DECISION TO RISE

PUBLICLY AND TUMULTUOUSLY TO ATTAIN ANY OF THE OBJECTS OF
SEDITION IN ORDER TO CONSTITUTE THE CRIME OF CONSPIRACY
TO COMMIT SEDITION.
ART. 142. INCITING TO SEDITION

ANY PERSON WHO, WITHOUT TAKING ANY DIRECT PART IN THE CRIME OF SEDITION, SHOULD
COMMIT ANY OF THE PUNISHABLE ACTS BELOW:

PUNISHABLE ACTS:
1. INCITING OTHERS TO SEDITION BY MEANS OF SPEECHES, PROCLAMATIONS, WRITINGS,
EMBLEMS, CARTOONS, BANNER OR OTHER REPRESENTATIONS TENDING TO THE SAME END;
2. UTTERING SEDITIOUS WORDS OR SPEECHES, WHICH TEND TO DISTURB THE PUBLIC PEACE;
3. WRITING, PUBLISHING, OR CIRCULATING SCURRILOUS LIBELS AGAINST GOVERNMENT OR
ANY OF ITS DULY CONSTITUTED AUTHORITIES;
4. KNOWINGLY CONCEALING SUCH EVIL PRACTICES
ELEMENTS: INCITING OTHERS TO SEDITION

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; AND

3. THAT THE INCITING IS DONE BY MEANS OF SPEECHES,

PROCLAMATIONS, WRITING, EMBLEMS, CARTOONS, BANNERS, OR
OTHER REPRESENTATIONS TENDING TO THE SAME END.
UTTERING AND WRITING: WHEN PUNISHABLE (ACTS 2 & 3)

1. WHEN THEY TEND TO DISTURB OR OBSTRUCT ANY PUBLIC OFFICER IN EXECUTING THE
FUNCTIONS OF HIS OFFICE; OR

2. WHEN THEY TEND TO INSTIGATE OTHERS TO CABAL AND MEET TOGETHER FOR
UNLAWFUL PURPOSES; OR

3. WHEN THEY SUGGEST OR INCITE REBELLIOUS CONSPIRACIES OR RIOTS; OR

4. WHEN THEY LEAD OR TEND TO STIR UP THE PEOPLE AGAINST THE LAWFUL AUTHORITIES
OR TO DISTURB THE PEACE OF THE COMMUNITY, THE SAFETY AND ORDER OF THE
GOVERNMENT
TWO RULES RELATIVE TO SEDITIOUS WORDS

1. CLEAR AND PRESENT DANGER RULE

A. DANGER SHOULD BE BOTH CLEAR AND IMMINENT;
B. REASONABLE GROUND TO BELIEVE THAT THE DANGER APPREHENDED IS IMMINENT AND
THAT THE EVIL TO BE PREVENTED IS A SERIOUS ONE TO THE STATE; AND
C. PRESENT TIME ELEMENT: NOT ONLY PROBABLE BUT VERY LIKELY INEVITABLE

2. DANGEROUS TENDENCY RULE

A. TENDS TO CREATE A DANGER OF PUBLIC UPRISING;
B. EASILY PRODUCES DISAFFECTION; AND
C. PRODUCES STATE OF FEELINGS INCOMPATIBLE WITH A DISPOSITION
 REPUBLIC ACT NO. 10591

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
SALIENT FEATURES OF RA 10591

DECLARATION OF POLICY :   RECOGNIZES THE RIGHT OF QUALIFIED CITIZENS TO SELF-

DEFENSE THROUGH THE USE OF FIREARMS; REGULATES OWNERSHIP, POSSESSION,
CARRYING, IMPORTATION, MANUFACTURE; STOPS PROLIFERATION OF ILLEGAL FIREARMS
AND ILLEGAL MANUFACTURE, AMONG OTHER THINGS.

GUN OWNERSHIP BY A JURIDICAL ENTITY: SEC-REGISTERED CORPORATIONS,

REPRESENTED BY THE PRESIDENT OR ANY OFFICER BASED ON A BOARD RESOLUTION;
LOCAL GOVERNMENT UNITS AND SECURITY AGENCIES QUALIFY AS JURIDICAL ENTITIES
SUBJECT TO ADDITIONAL REQUIREMENTS AS MAY BE REQUIRED BY THE CHIEF OF THE
PHILIPPINE NATIONAL POLICE.
Who may get a license: Applicant must be a Filipino citizen, at least 21 years old and has gainful work, occupation or
business or has filed an income tax return for the preceding year as proof of income, profession, business or occupation.

In addition, the applicant shall submit the following certification issued by appropriate authorities attesting the
following:

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

CARRYING OF FIREARMS OUTSIDE RESIDENCE OR PLACE OF BUSINESS: THE FOLLOWING ARE

CONSIDERED TO BE IN IMMINENT DANGER DUE TO THE NATURE OF THEIR PROFESSION,
OCCUPATION OR BUSINESS: LAWYERS, CPAS, MEDIA PRACTITIONERS, CASHIERS, BANK TELLERS,
PRIESTS, MINISTERS, RABBI, IMAMS, PHYSICIANS AND NURSES, ENGINEERS AND BUSINESSMEN.

FORMULATION OF IMPLEMENTING RULES AND REGULATIONS (IRR): THE PNP CHIEF

FORMULATES THE IRR WITHIN 120 DAYS AFTER EFFECTIVITY OF THE LAW
AUTHORITY TO IMPORT: A DOCUMENT ISSUED BY THE CHIEF OF THE PNP
AUTHORIZING THE IMPORTATION OF FIREARMS, OR THEIR PARTS, AMMUNITION AND
OTHER COMPONENTS.

AUTHORIZED DEALER: ANY PERSON, LEGAL ENTITY, CORPORATION, PARTNERSHIP OR

BUSINESS ENTITY DULY LICENSED BY THE FEO.

AUTHORIZED MANUFACTURER: ANY PERSON, LEGAL ENTITY, CORPORATION OR

PARTNERSHIP DULY LICENSED BY THE FEO.
CONFISCATED FIREARM: A FIREARM THAT IS TAKEN INTO CUSTODY BY THE PNP,
NATIONAL BUREAU OF INVESTIGATION, PHILIPPINE DRUG ENFORCEMENT AGENCY
(PDEA) AND ALL OTHER LAW ENFORCEMENT AGENCIES.

CONFISCATED FIREARM: A FIREARM THAT IS SEIZED BY THE PNP, NBI, PDEA AND
ALL OTHER LAW ENFORCEMENT AGENCIES.

LICENSED JURIDICAL ENTITY: CORPORATIONS, ORGANIZATIONS, BUSINESSES,

INCLUDING SECURITY AGENCIES AND LOCAL GOVERNMENT UNITS, WHICH ARE
LICENSED TO OWN AND POSSESS FIREARMS IN ACCORDANCE WITH THIS ACT.
WHAT MAY BE LICENSED BY QUALIFIED CITIZENS OR LICENSED JURIDICAL
ENTITIES: ONLY SMALL ARMS.

HOW CAN ONE RETAIN OWNERSHIP OF HIGH-POWERED FIREARMS?

REGISTRATION OF UNREGISTERED FIREARMS AND RENEWAL OF EXPIRED LICENSES,
THROUGH A FINAL GENERAL AMNESTY, WITHOUT MAKING ANY DELINQUENT
PAYMENT AND FACING A PENALTY.  PRIVATE INDIVIDUALS WHO ALREADY HAVE
LICENSES TO POSSESS CLASS A LIGHT WEAPONS SHALL NOT BE DEPRIVED OF THE
PRIVILEGE TO CONTINUE POSSESSING THE SAME AND RENEWING THE LICENSE.

POSSESSION OF AMMUNITION: LICENSE TO POSSESS UP TO 50 ROUNDS FOR EACH

REGISTERED FIREARM
PENAL PROVISIONS: IF THE VIOLATION OF THIS ACT IS IN FURTHERANCE OF, OR
INCIDENT TO, OR IN CONNECTION WITH THE CRIME OF REBELLION OR
INSURRECTION, OR ATTEMPTED COUP D’ETAT, SUCH VIOLATION SHALL BE
ABSORBED AS AN ELEMENT OF THE CRIME OF REBELLION OR INSURRECTION, OR
ATTEMPTED COUP D’ETAT.

FINAL AMNESTY: PERSONS IN POSSESSION OF UNREGISTERED FIREARMS AND

HOLDERS OF EXPIRED LICENSE OR UNREGISTERED FIREARMS SHALL REGISTER
AND RENEW THE SAME THROUGH THE FINAL GENERAL AMNESTY WITHIN SIX
MONTHS FROM THE PROMULGATION OF THE IMPLEMENTING RULES AND
REGULATIONS OF THIS ACT. DURING THE INTERIM PERIOD OF SIX MONTHS, NO
PERSON APPLYING FOR LICENSE SHALL MAKE A DELINQUENT PAYMENT ACCRUING
TO THE FIREARM SUBJECT FOR REGISTRATION. 
Chapter III
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
 ILLEGAL ASSEMBLIES

Illegal assemblies are committed by the organizers or leaders of, and persons
present at, a meeting attended by armed persons for the purpose of committing a felony,
or in which the audience is incited to the commission of treason, rebellion, sedition or
direct assault.
“the audience is incited.”

 Actual incitement of the audience is an essential element of illegal

assembly.
Liability of audience

 To make a persons who attended the illegal assembly criminally liable, they
must be incited to commit treason, rebellion, sedition or direct assault.

 Passive presence in the meeting will not make them liable for illegal
assembly.
If any person present at the meeting carries an
unlicensed firearm:

 It is presumed that the purpose of the meeting insofar as he is

concerned, is to commit acts punishable under the Code; and
 He is considered a leader or organizer of the meeting.
Illegal associations

Illegal association is committed by the founders, directors, presidents and

members of association totally or partially organized for the purpose of
committing a felony or for some purpose contrary to public morals.
Illegal assembly Illegal association
 It is necessary that there is an actual meeting or assembly of
armed persons for the purpose of committing a felony, or of  It is not necessary that there be an actual meeting.
individuals who, although not armed, are incited to the  It is the act of forming or organizing and joining in the
commission of treason, rebellion, sedition or direct assault.
association that are punished.
 It is the meeting and attendance at such meeting that are
punished.
 The persons liable are the founders, directors, and
presidents and the members thereof.
 The persons liable are the organizers or leaders of the
meeting and the persons present at the meeting.  The purpose is to commit a felony or act, which is
contrary to public morals.
 The purpose is to commit a felony or to incite the audience
to commit treason, rebellion, sedition, or direct assault.
People v. Ramos, C.A. 40 O.G. 2305

 The Lapiang Sakdalista was declared illegal association because it strived to stir
up dissatisfaction among the laboring class, instigated them to break the laws
and led them to bloody riots and inflamed them to rise up against the
government.
Chapter IV
ASSAULT UPON AND RESISTANCE AND DISOBEDIENCE TO PERSONS IN
AUTHORITY AND THEIR AGENTS
Direct Assault

 Direct Assault is committed by any person who, without a public uprising,

employs force or intimidation for the attainment of a purpose of rebellion
and sedition.
First Mode

 Tantamount to rebellion or sedition without the element of public uprising.

Second Mode

 Committed by any person who shall attack, employ force or seriously intimidate
or resist a person in authority or his agents, which engaged in the performance of
duty.

 Qualified- when it is committed with a weapon or when the offender is a public

officer or when the offender lays hands upon a person in authority.
Offender in Direct Assault

 The offender in direct assault is any person.

 Victim of Direct Assault

 Person in Authority
Any person directly vested with jurisdiction whether as an individual or as a member of some court
or governmental corporation, board, or commission, shall be deemed a person in authority.
*Article 152- Teachers, professors, and supervisors of schools are only persons in authority for
purposes of direct assault and resistance.
 Agent of a Person in Authority
Persons who are charged with the maintenance of public order and the protection and security of the life and
property by direct provision of law, election, or appointment by competent authority.
*Article 152- persons who come to the aid of persons in authority shall be deemed agents of a person in authority.
In direct assault, the offender assaulted the victim while he
is performing his duty or on occasion thereof.

 At the time such assault is made, the person in authority or his agent:
1. Is engaged in the actual performance of his official duty; or
2. At least that the assault or intimidation is done by reason of the past
performance of said duty.
Criminal Act

 In direct assault, the offender attacks, employs force, or seriously intimidates or resists
the victim.
*Must be serious in nature.

 Resistance and Intimidation

The same must be made with intent to defy the law and its representative at all hazard.

Exception: If the victim of assault is a person in authority, laying of hands upon him, whether serious
or not, constitutes qualified direct assault (US v. Gumban, GR. No. 13658, November 9, 1918).
Indirect Assault

 Indirect Assault is committed by any person who makes use of force or

intimidation upon a person coming to the aid of authorities or their agents on
occasion of the commission of direct assault.

 The offended party in indirect assault may be private person.

Disobedience to summons

 Disobedience to summons is committed by:

1. A person who refuses to obey summons to attend as a witness before Congress
or Constitutional Commissions or its committees without legal excuse;
2. A witness refuses to be sworn or placed under affirmation or to answer any legal
inquiry or to produce any books, papers, documents, or records in his
possession, when required by them to do so in the exercise of their functions;
3. A person who restrains another from attending as a witness or induce
disobedience to a summons or refusal to be sworn.
Resistance and disobedience to a person in
authority

 Resistance is committed by any person who resists a person in authority, or his

agents, while engaged in the performance of official duties provided that the
act is not constitutive of direct assault.
 Disobedience is committed by any person who disobeys a person in authority,
or his agent, while engaged in the performance of official duties provided that
the act does not constitute direct assault.
Chapter V
PUBLIC DISORDERS
Tumults and other disturbances of public order

 Tumultuous
The disturbance or interruption shall be deemed to be tumultuous of
caused by more than three persons who are armed or provided with means of
violence.
 Causing any serious disturbances in a public place, office or establishment;
 Interrupting or disturbing performances, functions or gatherings, or peaceful
meetings;
 Making any outcry tending to incite rebellion or sedition in any meeting,
association or public place;
 Displaying placards or emblems which provoke a disturbance of public order in
such place;
 Burying with pomp the body of a person who has been legally executed.
 Disturbance of Public Order

 Disturbance or interruption of public order is committed by any person who causes

any serious disturbance in a public place, office, or establishment, or interrupts or
disturbs public performances, functions or gatherings, or peaceful meetings provided
that the acts do not constitute the crime of interruption of religious worship or
interruption, prohibition, or dissolution of peaceful meetings.
 Unlawful use of means of publication and
unlawful utterances
 Unlawful utterance is committed by any person who encourages disobedience to the law or to the constituted
authorities, or praises, justifies, or extols any act punished by law by words, utterances, or speeches.
 Unlawful use of means of publication is committed by any person:
1. Who publishes or causes to be published as news or any false news which may endanger the public order, or cause
damage to the interest or credit of the State or who encourages disobedience to the law or to the constituted
authorities or praise, justify, or extol any act punished by law by means of printing, lithography, or any other means
of publication;
2. Who maliciously publishes or causes to be published any official resolution or document without proper authority,
or before they have been published officially; or
3. Who prints, publishes, or distributes or causes to be printed, published or distributed books, pamphlets, periodicals,
or leaflets which do not bear the real printer’s name or which are classified as anonymous.
Alarms and scandals

1. Any person who discharges firearm, rocket, firecracker, or other explosives in a town or public
place calculated to cause alarm or danger;
2. Any person who instigates or takes an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility;
3. Any person who disturbs the public peace while wandering about at night or while engaged in any
other nocturnal amusements;
4. Any person who while intoxicated or otherwise cause any disturbance or scandal in public places.

*It must committed with criminal evil intent.

Delivery of Prisoners from jail

 Any person who removes from any jail or penal establishment any person
confined therein or helped the escape of such person.

 Qualified- committed by means of violence, intimidation, or bribery.

Chapter VI
EVASION OF SERVICE OF SENTENCE
Evasion of service of sentence

 Committed by any convict, who shall evade the service of his sentence by
reason of final judgment while suffering deprivation of liberty by escaping in
case of imprisonment, by entering a prohibited place in case of destierro or by
returning to the Philippines in case of deportation.

 Essential element: Serving sentence by final judgment.

Evasion of service of sentence on the occasion
of disorders, conflagrations, earthquakes, or
other calamities
 A convict, who after leaving the penal institution, where he shall have been
confined on occasion of calamity, evades the service of his sentence by
failing 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 calamity.
Other causes of evasion of service of sentence

 Violation of Conditional Pardon

Committed by a pardonee who violates the conditions of pardon granted
by the Chief Executive such as committing the crime.
Chapter VII
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
Quasi-recidivism

 Special aggravating circumstance where a person, after having been convicted

by final judgment, shall commit a new felony before beginning to serve such
sentence, or while serving the same. He shall be punished by the maximum
period of the penalty prescribed by law for the new felony.
 A quasi-residivist shall be pardoned when he has reached the age of 70 years and
has already served out his original sentence, or when he shall complete it after
reaching said age, unless by reason of his conduct or other circumstances, he
shall not be worthy of such clemency.
 Title IV. 
CRIMES AGAINST PUBLIC
INTEREST
Title IV. 
CRIMES AGAINST PUBLIC INTEREST
• Chapter I: Forgeries
• Section 1 – Forging the seal of the Government of the Philippine Islands, the
signature or stamp of the Chief Executive.
• Section 2 - Counterfeiting Coins
• Section 3 - Forging treasury or bank notes, obligations and securities; importing
and uttering false or forged notes, obligations and securities.
• Section 4 - Falsification of legislative, public, commercial, and private
documents, and wireless, telegraph, and telephone message.
• Section 5 - Falsification of medical certificates, certificates of merit or service
and the like.
• Section 6 – Manufacturing, importing and possession of instruments or
implements intended for the commission of falsification.
• Chapter II: Other Falsifications
• Section 1 – Usurpation of authority, rank, title, and improper use of
names, uniforms, and insignia.
• Section 2 – False Testimony
• Chapter III: Frauds
• Section 1 – Machinations, monopolies and combinations
• Section 2 – Frauds in commerce and industry
FORGERY OF GREAT SEAL, SIGNATURE
OR STAMP
• Any person... 
• Who forges the Great Seal of the Government or the signature or stamp of
the Chief Executive (Art. 161); or
• Makes use of such forged seal, signature or stamp. (Art. 162)
FORGERY AND MUTILATION OF COINS
• Forgery vs Mutilation
• Forgery or counterfeiting of coins – making or importing false coins, utters the
coins, in connivance with counterfeiters or importers (Art. 163), or possess
with intent to utter but without connivance with counterfeiters or importers
(Art. 165) 
• the forged coins include those of legal currency of the PH or foreign country.
• Mutilation – to take off part of the metal either by filling it or substituting it
for another metal of inferior quality, to diminish by inferior means or to
diminish metal contents. (Art. 164 and 165)
• -the mutilated coins are confined to that legal currency of the PH
FORGERY INVOVLING BANK NOTES,
TREASURY NOTES OR OTHER
INSTRUMENTS
• Forgery or counterfeiting involving treasury, bank note, or other
instrument is committed by any person who: (Art. 166-169)
• Forges such instrument by giving it the appearance of a true and genuine
document, or erases, substitutes, counterfeits or alters
• Imports such forged instrument.
• Utters it with or without connivance with forgers or importers; 
• Possesses it with intent to use or utter it but without connivance with forgers
or importers.

NOTE: The subject matter of forgery is treasury or bank notes. If the subject of
forgery is a document, the crime is falsification.
Is mere possession of false treasury or bank
notes a criminal offense?
• GR: No. For it to constitute an offense under Art. 168, the possession
must be with intent to use said false treasury notes.
• Intent to possess is not equivalent to intent to use. (People v. Digoro,
GR No. L-22032, March 4, 1966)
• People v. Sane- Possession of 100 counterfeit 20 peso bills without
any explanation as to how and why he possessed said bills. 
• Accused liable for  possession of forged bills with intent to use it.
• Possession of considerable amount of false notes
indicates intention to utter and knowledge of the falsity of the notes.
FALSIFICATION OF DOCUMENT (Art.
171-172)
• Who?
• 1. A public officer, or notary who, taking advantage of his official position, falsifies
a document;
• 2. An ecclesiastical minister who falsifies document of such character that its
falsification may affect the civil status of persons;
• 3. A private individual who falsifies public or official document, or commercial
document such as letter of exchange; or
• 4. Any person who falsifies private document to the damage (prejudice) of a third
party, or with the intent to cause such damage.

What is a document?
-any writing capable of creating rights or extinguishing obligations.
4 kinds of documents (RPC):
• 1. Public Document – one authorized by law or regulation or in which a public officer, notary
public or any person authorized to administer oaths intervenes for purposes of authenticating
the same, and not as party thereto.
• E.g. Certificate of non-relationship required by the rules of CSC to appoint a public officer; affidavit;
notarized special power of attorney, notarial will
• 2. Official Document- also a public document, but specifically refers to documents issued by a
public official in the exercise of functions; which public officer takes part by virtue of his office;
documents which become part of the public records.
• E.g. Community Tax Certificate; money order; treasury warrant; government payroll; tax collection report;
O.R.; Petition for Habeas Corpus; Bar examination paper
• 3. Commercial Document – used by merchants or businessmen to facilitate trade or credit
transactions; and those defined and regulated by Commercial Law
• E.g. Certificate of time deposit; loan documents; sales invoice; PN if negotiable; check
• 4. Private Document – deed or instrument executed by a private person, by which something is
proved or evidenced provided that it is not a public, official, or commercial document.
• E.g. Theater tickets; letter request financial assistance; demand letters; non-negotiable PN
ACTS OF FALSIFICATION (Art. 171)
• 1. counterfeiting or imitating any handwriting or rubric;
• 2. causing it to appear that persons have participated in any act or proceeding when they did not
in fact so participate;
• 3. Attributing to persons who have participated in an act or proceeding statements other than
those in fact made by them;
• 4. making untruthful statements in a narration of facts;
• 5. altering true dates;
• 6. making any alteration or intercalation in a genuine document which changes its meaning;
• 7. issuing in an authenticated form a document purporting to be a copy of an original document
when no such original document exist, or including in such copy a statement contrary to, or
different from, that of the genuine original;
• 8. or intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or
official book 
Obligation to Disclose the truth
• In forming a corporation for the purpose of business as a common carrier,
accused submitted to the SEC the AOI in which he made it appear that he
is a Filipino citizen owning more than 60% of the capital stock thereof,
when in fact he is a mere trustee of foreigners. Is A liable for falsification
of document? NO.

• No requirement on the 60% Filipino capitalization in the formation of a

corporation. There is no obligation to disclose that percentage of foreign
capitalization on forming corporations. Thus, making an untruthful
statement of facts regarding the Filipino capitalization is not falsification
of public document (Pp vs Quansha, 1953)
• But after forming the corporation, A filed an application for franchise for
the corporation to operate as a common carrier with the DOTC. Accused
made it appear in his application that he, a filipino incorporator, owns
more than 60% of the capital stock of the corporation, when in fact he is
just a mere trustee of foreigners. Is A liable for falsification of document?
YES (or perjury in case of a sworn application)

• Disclosure of the true owners of the stocks is essential in order not to

circumvent the Constitution. Therefore, he is legally obliged to reveal the
truth; and failure to do so constitutes falsification of document (or
perjury)
Is "obligation to disclose the truth" an element
of falsification of document in Art. 171-172?
• Yes.
• The RPC does not expressly mention such as an element.
• Jurisprudence (Quasha Case): "lack of obligation to disclose the truth" is a valid
defense in a prosecution for falsification.
• "Obligation to disclose the truth" is an element of falsification because of
jurisprudence and not because of law.
• Such obligation can be expressed or implied.
• Prosecution need not identify a specific provision of law under which the
accused has the obligation to disclose the truth. As long as the offender has such
obligation from the very nature and purpose of the document (Solis v. SB, GR
no 193248-49)
Is there such thing as Falsification by
Omission?
• Pp. V. Dizon GR no. L-22560, Jan. 29, 1925
• Accused was a bookkeeper in charge of recoding sales, in cash or credit in
the record books, and keeping evidence of credit (chits) and recording
then in the personal accounts of the customers.
• Accused bought goods on credit and signed the chits for the goods.
• To avoid paying the amount in the chits, he destroyed some of the chits
and deliberately did not record then in his personal account.

• Failure to enter his debt in the record book is considered as making

untruthful statement in a narration of fact.
THIRD ELEMENT OF FALSIFICATION
• Two essential elements of falsification of document:
• 1. Acts of falsification; and
• 2. Acts of falsification are made on a document.

• Falsification of document by a public officer or notary public

• Taking advantage of his official position
• Falsification of document by an ecclesiastical minister
• Falsification may affect the civil status of persons
• Falsification of private document by a private individual
• Damage or prejudice caused to a third party, or with intent to cause such damage or prejudice.
• Falsification of public, official, or commercial document by a private individual
• No 3rd element
• Taking Advantage of Position
• 1. he has the duty to make or prepare or otherwise to intervene in the preparation of a
document; or
• 2. he has the official custody of the document which he falsifies.
• Civil Status
• Parochial documents are considered private writings, falsification of which will affect the
religious status of a person but not his civil status. Hence, falsification of baptismal certificate
is not punishable under the RPC.
• In Falsification of document (marriage certificate) by an ecclesiastical minister, affecting the
civil status of a person is an important element. 
• Damage or Prejudice to 3rd Persons 
• Falsification of Public document is consummated upon execution of the false document. (also
applicable to Falsification of Official or Commercial document)
• The fact that accused did not benefit from it or the public was not prejudiced is NOT a
defense.
• What is punished here is principally the undermining of the public faith and destruction of
truth as solemnly proclaimed therein. (intent to gain or cause injury is immaterial)
• AAA signed her deceased husband's name in endorsing his three
treasury warrants which were delivered to her directly by the
district supervisor who knew that her husband had already died, and
she used the proceeds to pay for the expenses of the illness and burial
of her husband. AAA knew that her husband had accumulated
vacation and sick leaves the money value exceeded the value of the 3
treasury warrants, so the government suffered no damage. Is the
crime of falsification of public document committed?

• YES, damage to a third person is NOT an element in the crime of

falsification of public document.
NOTE: damage to 3rd parties or intent to cause such damage is an
element only applicable in falsification of PRIVATE document.
• BBB filed a lease application with the DENR involving inalienable land.
In the application, she stated that she was a Filipino citizen, although
she was still a naturalized Russian citizen at that time. However, BBB
has no intention to cause damage to the government since she filed
after 6 months after a petition for dual citizenship. Is BBB liable for
Falsification of public document?

• YES, intent to cause damage to a third person in NOT an element of

the crime of falsification of public document.
• In a non-notarized contract of sale, CCC represented the property as
alienable and disposable, and that he had a valid title to the property.
However, it turned out that the property was a public non-alienable
and non-disposable land. However CCC had a valid TCT in his name
and had a right to rely on the same. Is CCC liable for falsification of
document? 

• NO, intent to cause damage to the buyer, which is an element of this

crime, is not present.
• Note: Non-notarized document is a private document, therefore
intent to damage or prejudice a third person must be present to
consummate the crime.
Falsification to commit Estafa
• Falsification of Public, Official, or Commercial document was falsified
to commit estafa
• – COMPLEX CRIME, because falsification of said documents, damage to
offended is immaterial for it is not an element of the crime

• Falsification of Private document to commit estafa

• – NO COMPLEX CRIME because the same element of damage is present in
both crimes. (One and the same element cannot give rise to more than one
crime)
Criteria to determine whether the crime is
Estafa only or falsification only
• If the falsification of private document was essential in the commission of
estafa because without the falsification, estafa cannot be committed, the
crime is FALSIFICATION. (Estafa becomes the consequence of the crime)

• If the estafa can be committed even without resorting to falsification (not

essential), the latter being resorted only to facilitate estafa, the main
crime is ESTAFA; falsification is merely incidental, since even without
falsification, estafa can be committed.
• The crime should be Estafa because one would not falsify a document for the
sake of falsifying. His intent must be to commit estafa.
USE OF FALSIFIED DOCUMENT
• Elements:
• 1. offender knew that the document was falsified by another person;
• 2. False document is embraced in Article 171-172; and
• 3. he introduced said document in evidence in any judicial proceeding or he used
such document (not in a judicial proceedings) that caused damage to another or
at least it was used with intent to cause such damage
NOTE: It is important that the accused is not the one who falsified the document
because if it was the accused who is the author of the falsification, the crime
committed is Falsification of Document, not Use of Falsified Document.
One who will be benefited by the falsification made on public document in his
possession is presumed to be the author of falsification.
Legal Presumption
• When a person makes use of a falsified document, he is deemed to be
the falsifier where:
• 1. the user benefited from the use of the false document; and
• 2. the time between falsification and the use is so close, the
presumption of falsification is established and when the offender is
not able to overcome such presumption, even without direct
evidence of falsification, he can be convicted.
• In a civil case for recovery of sum of money filed against him by A, B
interposed the defense of payment. In support thereof, B identified
and offered in evidence a falsified receipt with the counterfeited
signature of A. What is the crime committed?

• Falsification of public document and not use of falsified document in a

judicial proceeding.
• Using the falsified receipt to support his defense in the civil case gives
rise to the presumption that B is the author of the falsification.
INSTRUMENTS FOR FALSIFICATION
• Manufacturing of instruments or implements for falsification is
committed:
• By any person who makes or introduces into the Philippines stamps,
dies, marks, or other instruments, or implements intended to be used in
the commission of the offenses of counterfeiting or falsification.
• Possession of instruments or implements for falsification is
committed:
• By any person who possesses such instruments or implements with the
intention of using them
CRIMES AGAINST PUBLIC INTEREST
CHAPTER TWO : ARTICLES 177 – 184
CHAPTER THREE : ARTICLES 185 – 189
CHAPTER TWO: OTHER FALSITIES

 Section 1 – Usurpation of Authority,

Rank, Title, and Improper Use of
Names, Uniforms, and Insignia
Art. 177 - Usurpation of Authority or
Official Functions
CRIME
TWO OFFENSES:
1st OFFENSE: USURPATION
of AUTHORITY
This is committed by any person
who knowingly and falsely
represents himself to be a public
officer, or a foreign public officer.
ELEMENTS/ACTS Example
PUNISHED
Elements:
1. Offender knowingly and One, who falsely represented himself
falsely represents himself; as a CIS agent despite having been
duly notified of his dismissal, is liable
2. As an officer, agent or for usurpation of authority.
representative of any
department or agency of the
Philippine government or of
any foreign government.
Art. 177 - Usurpation of Authority or
Official Functions
CRIME ELEMENTS/ACTS PUNISHED EXAMPLE

2nd: USURPATION OF Elements:

OFFICIAL FUNCTIONS 1. Offender performs any act; A person who pretended
2. Pertaining to any person in authority to be a Mayor or Judge,
This is committed by any person, or public officer of the Philippine solemnized marriage, is
who performs an act pertaining government or any foreign liable for usurpation of
to a person in authority, a public government, or any agency thereof; official functions.
officer, or a foreign public 3. Under pretense of official position;
officer under pretense of official 4. Without being lawfully entitled to do
function and without being so.
lawfully entitled to do so.
Art. 178 – Using Fictitious Name and Concealing
True Name
CRIME
USING FICTITIOUS NAME
This is committed by any person
who publicly uses a fictitious
name for the purpose of
concealing a crime, evading the
execution of a judgment or
causing damage.
ELEMENTS/ACTS PUNISHED
Elements:
1. That the offender uses a name other than his real name
2. That he uses the fictitious name publicly
3. The purpose of the offender is
a) conceal a crime;
b) to evade the execution of a judgment;
c) to cause damage to public interest
Note: If the purpose is for causing damage, it must be damage to
public interest. If it is damage to private interest, the crime will be
Estafa under Art. 315, subdivision 2, par. (a)
Art. 178 – Using Fictitious Name and Concealing
True Name
CRIME
CONCEALING TRUE NAME
This is committed by any person
who conceals his true name and
other personal circumstances.
ELEMENTS/ACTS PUNISHED
Elements:
1. Offender conceals true name and other personal circumstances
2. Purpose is to conceal identity
Note: If the purpose is for causing damage, it must be damage to
public interest. If it is damage to private interest, the crime will be
Estafa under Art. 315, subdivision 2, par. (a)
Art. 178, Art. 348, Art. 315 par. 2, PD 1829
(according to purpose)
Using Fictitious Name Using Fictitious name Estafa Usurpation of Civil
(Art. 178) Under PD 1829, SEC. 1(D) (Art 315, Status (Art 348)
par. 2(a)
a) conceal a crime To conceal a crime, evade Defraud 3rd To enjoy the rights
b) to evade the execution prosecution or the execution of persons arising from the civil
of a judgment judgment or concealing his true status of the person
name and other personal
c) to cause damage to circumstances for the same purpose, impersonated
public interest or purpose is obstruction of justice

Commonwealth Act No. 142 (Regulating the Use of Aliases)

GR: No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or
with which he was registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a
competent court.

XPN: Pseudonym solely for literary, cinema, television, radio, or other entertainment and in athletic events where the use of pseudonym is
a normally accepted practice.
Art. 179 - Illegal Use of Uniforms or Insignia
CRIME ONE ELEMENTS/
PUNISHABLE ACTS
ILLEGAL USE OF 1. That the offender makes use of
UNIFORMS OR insignia, uniform, or dress Insignia, Uniforms or Dresses
INSIGNIA 1. Genuine insignia, uniform, or dress is not
necessary. Offender can wear an imitation and
2. The insignia, uniform, dress still be liable.
This is committed by any pertains to an office not held by the
person who publicly and offender or to a class of persons of 2. An exact imitation is not necessary, for as long
improperly make use of which he is not a member as there is a colorable resemblance calculated to
insignia, uniforms or dress deceive the general public.
pertaining to an office not 3. That said insignia, uniform or
held by such person or to a dress is used publicly and 3. Must pertain to an actual officer or class of
class of persons of which he improperly persons. The person is not liable if the insignia,
is not a member. uniform, or dress pertains to an imaginary office or
class
CHAPTER TWO: OTHER FALSITIES

 Section 2 – FALSE TESTIMONY

Three Forms:
1. in Criminal cases (180-181)
2. in Civil cases (182)
3. in other Cases (183)
Art. 180 – False Testimony Against the
Defendant
CRIME ELEMENTS/PUNISHABLE ACTS

FALSE TESTIMONY 1. That there be a criminal proceeding;

AGAINST DEFENDANT
2. Offender testifies falsely under oath against the
False Testimony - committed by a defendant therein;
person who, being under oath (or
affirmation) and required to testify 3. Offender who gives false testimony knows that it is false.
as to the truth of a certain matter at
a hearing before a competent
authority, shall deny the truth or 4. The defendant against whom the false testimony is given
say something contrary to it. is either acquitted or convicted in a final judgment.
Art. 181 – False Testimony Favorable to the
Defendant
CRIME ELEMENTS/PUNISHABLE ACTS

FALSE TESTIMONY 1. A person gives false testimony;

FAVORABLE TO
DEFENDANT 2. In favor of the defendant;

3. In a Criminal case.
Art. 182 – False Testimony In Civil
Cases
CRIME ELEMENTS/PUNISHABLE ACTS
PUNISHABLE ACT: Giving false testimony in a civil case
FALSE TESTIMONY either for or against the plaintiff or the defendant
IN CIVIL CASES
ELEMENTS:
1. Testimony is given in a civil case;
2. Testimony is related to the issue presented;
3. The testimony is false;
4. It is given by the defendant who knows it to be false; and
5. The testimony is malicious and with intent to affect the
issue.
Art. 183 – False Testimony In Other Cases
and Perjury in Solemn Affirmation
CRIME ELEMENTS/PUNISHABLE ACTS

PERJURY 1. Offender makes a statement under oath or executes an affidavit upon a

material matter;
Two ways of committing perjury:
2. The statement or affidavit is made before a competent officer, authorized
1. falsely testifying under oath; and to receive and administer oaths;
2. making false affidavit
3. Offender makes a willful and deliberate assertion of a falsehood in the
statement or affidavit; and

4. The sworn statement or affidavit containing the falsity is required by law

or authorized by law, that is, it is made for a legal purpose
Art. 184. Offering False Testimony in
Evidence
CRIME ELEMENTS/PUNISHABLE ACTS
1. That the offender offered in evidence
OFFERING FALSE TESTIMONY IN a false witness or testimony;
EVIDENCE
2. That he knew the witness or
testimony was false; and

3. That the offer was made in a judicial

or official proceeding.
CHAPTER THREE: FRAUDS

 Section 1 – Machinations, Monopolies

and Combinations
Art. 185 – Machinations in Public Auctions
CRIME
MACHINATIONS IN PUBLIC AUCTIONS
ELEMENTS/PUNISHABLE ACTS
Acts punished:
1) Soliciting gift to refrain from taking part
in public auction
Elements:
 There is a public auction;
 The accused solicited gifts/promise of
gifts;
 The solicitation is in consideration of
refraining from taking part in the auction;
and
 His intent is to cause reduction of the
price of the thing auctioned
Art. 185 – Machinations in Public Auctions
CRIME
MACHINATIONS IN PUBLIC AUCTIONS
ELEMENTS/PUNISHABLE ACTS
2) Attempting to cause bidders to stay away
from an auction
Elements:
 There is a public auction;
 The offender attempted to cause the
bidders to stay away;
 Means used by the offender: threats, gifts,
promises or any other artifice; and
 Intent of the offender: reduction of price
of thing auctioned
Art. 186 – Monopolies and Combinations in
Restraint of Trade
PUNISHABLE ACTS Elements Example
 Entering into any contract or A, B and C executed a public document
agreement or taking part in any which embodied their agreement to the
1) Combination to prevent conspiracy or combination in the effect that certain merchandise would
free competition in the form of a trust or otherwise; and be sold at a certain price without the
market; previous consent of the others.
 In restraint of trade or commerce or
to prevent by artificial means free
competition in the market.
Art. 186 – Monopolies and Combinations in
Restraint of Trade
PUNISHABLE ACTS ELEMENTS Example

1. By monopolizing any Accused attributed to himself a

2) Monopoly to restrain free
competition in the market;
2.
merchandise or object of trade
or commerce, or by combining
with any other person or persons
to monopolize said merchandise
or object;
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
supernatural power, distributed
papers and proclamations to the
people of a certain town, and spread
subversive and fanatical ideas that
unless they lower the prices of
needful commodities they would be
visited with flood and other
calamities.
Art. 186 – Monopolies and Combinations in
Restraint of Trade
PUNISHABLE ACTS
3) Manufacturer, producer, or
processor or importer combining,
conspiring or agreeing with any person
to make transactions prejudicial to
lawful commerce or to increase the
market price of merchandise.
ELEMENTS
Elements:
 Manufacturer, producer, processor or importer of any merchandise or
object of commerce;
 Combines, conspires or agrees with any person;
 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.
CHAPTER THREE: FRAUDS

 Section 2 – Frauds in
Commerce and Industry
Art. 187. Importation and Disposition of Falsely Marked
Articles or Merchandise Made of Gold, Silver, or Other
Precious Metals or Alloys
CRIME ELEMENTS/PUNISHABLE ACTS

1. That the offender imports, sells, or disposes any of

IMPORTATION AND DISPOSITION OF
FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD, SILVER, OR
OTHER PRECIOUS METALS OR THEIR
ALLOYS
those articles or merchandise made of gold, silver, or
other precious metals, or their alloys;
2. That the stamps, brands, or marks of those articles
or merchandise fail to indicate the actual fineness or
quality of said metal or alloy;

3. That the offender knows that the stamps, brands, or

marks fail to indicate the actual fines of quality or
said metal or alloy
Articles 188-189, RPC repealed by the
following:
 Republic Act No. 8293 (An Act Prescribing the
Intellectual Property Code and Establishing the
Intellectual Property Office, Providing for Its
Power and Functions, and for Other Purposes)
 RA No. 455 – “Law on Smuggling”
Articles 188-189 repealed by R.A.
8293 and R.A. 455
 Republic Act No. 8293 (An Act Prescribing the Intellectual Property Code
and Establishing the Intellectual Property Office, Providing for Its Power and Functions,
and for Other Purposes)

 INFRINGEMENT. – Any person who shall, without the consent of the

owner of the registered mark:
 Sections 155.1 and 155.2.

 UNFAIR COMPETITION
 Sections 168.1, 168.2, 168.3 and 168.4; and Section 169
Articles 188-189 repealed by the RA
8293 and R.A. 455
 RA No. 455 - Law on Smuggling
 "Sec. 2702. Unlawful importation of merchandise. —
 1) Any person who shall fraudulently or knowingly import or bring into the
Philippines, or assist in so doing, any merchandise, contrary to law, or shall
receive, conceal, buy, sell, or in any manner facilitate the transportation,
concealment, or sale of such merchandise after importation,
 2) knowing the same to have been imported contrary to law, shall be punished by
a fine of not less than P600.00 but not more than P5,000.00 and by imprisonment
for not less than 3-months nor more than 2-years and, if the offender is an alien,
he may be subject to deportation.
 VIII: CRIMES AGAINST
PUBLIC MORALS
Chapter One
Gambling and Betting

Punishable Acts – Illegal gambling is committed by any person who, in any manner
directly or indirectly takes part in any unauthorized game scheme whether upon chance or
skill, wherein wagers consisting of money, articles of value or representative of value are at
stake or made.

Direct Participation – Players, bet takers and bettors in gambling schemes, or referee,
umpire, judge or coach in illegal sports, maintainer or conductor of illegal gambling, and
owner of of the establishment were illegal gambling is held, are liable for illegal gambling.

- Bystander or spectator in an illegal gambling game is not criminally liable, because he

does not take part therein, directly or indirectly.
Game of Chance or Skill – Under the old rule, games, the result of which
depends wholly or chiefly upon skill, were not considered as gambling.
However, under P.D No. 1602, games of skills are now included in the
definition of gambling.

Wager – it is an element of the crime of illegal gambling. Under P.D No.

1602, to consider all games specifically mentioned in the said law as illegal
gambling, wager or other consideration of value are at stake.

Lottery – it shall be considered as illegal gambling if a valuable

consideration of some kind is paid, directly or indirectly, for a chance to draw
a price.

- In lottery, there must be payment of something of value or agreement

to pay, for the chance to win a prize. If the payment is the consideration for
the goods purchased, and not a consideration for the chance to win a price,
there is no lottery.
1. Article 195. What acts are punishable in gambling –

(a) Any person who, in any manner, shall directly or indirectly take part in any game of
monte, jueteng, or any other form of lottery, policy, banking, or percentage game, dog races,
or any other game or scheme the result of which depends wholly or chiefly upon chance or
hazzard, or wherein wagers consisting of money articles of value or representative of value
are made.

(b) Any person who shall knowingly permit any form of gambling referred to in preceding
paragraph to be carried on in any inhabited or uninhabited place or any building, vessel or
other means of transportation owned or controlled by him.

2. Article 196 – Importation, sale, and possession of lottery tickets or advertisement –

(a) Any person who shall import into the Philippine Islands from any foreign place or port
any lottery tickes or advertisement, or, in connivance with the importer, shall sell or distribute
the same.

(b) Any person who shall knowingly and with intent to use them, have in his possession
lottery tickets or advertisements, or shall sell or distribute the same w/out connivance with
the importer of the same.
 3. Article 197. Betting in sports contests –

Any person who shall bet money or any object or article of value or
representative of value upon the result of any boxing or other sports.

4. Article 198. Illegal betting on horse races –

Any person who, except during the periods allowed by law, shall bet on
horse races.

5. Article 199. Illegal cockfighting –

(a) Any person who directly or indirectly participates in cockfights, by

betting money or other valuable thingsm, or who organizes cockfights at
which bets are made, on a day other than those permitted by law.

(b) Any person who directly or indirectly participates in cockfights, at a

place other than a licensed cockpit.
 Article 195 to 199 of the RPC punished illegal gambling
is repealed by P.D No. 1602 as amended by R.A No.
9287.

All forms of gambling are punishable under P.D. No. 1602

(illegal or unauthorized activities or games of cockfighting,
boat racing, car racing, horse racing, poker, mahjong,
basketball, volleyball, bowling and other forms of individual or
team contest to include game fixing, wherein wagers
consisting of money, articles of value or representative of
value are at stake or made). However, if gambling constitutes
illegal number game, P.D No. 1602 is deemed amended by
R.A No. 9287 which provides a higher penalty.
 Anti – Illegal Numbers Games Law
(P.D No. 1602 as amended by R.A No. 9287)

Declaration of Policy. - It is the policy of the State to promote a just and

dynamic social order . Hence, the State hereby condemns the existence of
illegal gambling activities such as illegal numbers games as this has
become an influential factor in an individual's disregard for the value of
dignified work, perseverance and thrift since instant monetary gains from it
are being equated to success, thereby becoming a widespread social
menace and a source of corruption. Towards this end, the State shall
therefore adopt more stringent measures to stop and eradicate the
existence of illegal numbers games in any part of the country.
Terms under the law. –

a) Illegal Numbers Game

b) Jueteng
c) Masiao
d) Last Two
e) Bettor ("Mananaya", "Tayador" or variants thereof)
f) Personnel or Staff of Illegal Numbers Game Operation
g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or variants thereof)
h) Coordinator, Controller or Supervisor ("Encargado" or variants
thereof)
i) Maintainer, Manager or Operator
j) Financiers or Capitalist
k) Protector or Coddler
Punishable Acts. - Any person who participates in any illegal numbers game
shall suffer the following penalties:

a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such person acts as a bettor;

b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years, if such person acts
as a personnel or staff of an illegal numbers game operation;

The same penalty shall likewise be imposed to any person who allows his vehicle, house, building or
land to be used in the operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10) years, if such person acts
as a collector or agent;

d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12) years, if such person
acts as a coordinator, controller or supervisor;

e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10) fourteen (14) years, if
such person acts as a maintainer, manager or operator; and

f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen (16) years, if such
person acts as a financier or capitalist;

g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty (20) years, if such
person acts as protector or coddler.
Possession of Gambling Paraphernalia or Materials. - The possession
of any gambling paraphernalia and other materials used in the illegal
numbers game operation shall be deemed prima facie evidence of any
offense covered by this Act.

Liability of Government Employees and/or Public Officials. – If the

punishable acts are committed by a government employee or a public
official, he shall suffer the penalty of twelve (12) years and one (1) day to
twenty (20) years and a fine ranging from Three million pesos
(P3,000,000.00) to Five million pesos (P5,000,000.00) and perpetual
absolute disqualification from public office

- the accessory penalty of perpetual disqualification from public office shall

be imposed upon any local government official who, having knowledge of
the existence of the operation of any illegal numbers game in his/her
jurisdiction, fails to abate or to take action, or tolerates the same in
connection therewith.
Liability of Parents/Guardians. - The penalty of imprisonment from six
(6) months and one (1) day to one (1) year or a fine ranging from
P100,000.00 to P400,000.00 who induces or causes such minor, ward or
incapacitated person to commit any of the offenses punishable in this Act.
Upon conviction, the parent/guardian shall be deprived of his/her authority
over such person in addition to the penalty imposed.

Recidivism. - The penalty next higher in degree as provided thereof shall

be imposed upon a recidivist who commits any of the offenses punishable
in this Act.
Immunity from Prosecution. - Any person who serves as a witness for
the government or provides evidence in a criminal case involving any
violation of this Act, or who voluntarily or by virtue of a subpoena
testificandum or duces tecum, produces, identifies, or gives testimony
shall be immune from any criminal prosecution.

Forfeiture of Property - Upon conviction, all proceeds, gambling

paraphernalia and other instruments of the crime including any real or
personal property used in any illegal numbers game operation shall be
confiscated and forfeited in favor of the State

Informer's Reward. - Any person who, having knowledge or information

of any offense committed under this Act and who shall disclose the same
which may lead to the arrest and final conviction of the offender, may be
rewarded a certain percentage of the cash money or articles of value
confiscated or forfeited in favor of the government
 CHAPTER TWO

OFFENSE AGAINTS DECENCY AND GOOD CUSTOMS

1. Article 200. Grave Scandal – any person who shall offend

against decency or good customs by any high scandalous conduct not
constituting other felony.

Ex: Making love in public places or loud obscene sex noises.

2. Article 201. Immoral doctrines, obscene publications and

exhibitions, and indecent shows –

Immoral doctrines – those who expound  or proclaim doctrines

contrary to public morals.
 Obscene publications – the authors, or editor of, and
owners/operators of the establishment selling obscene literature or by
any person who sells, gives away or exhibits film, prints, engravings,
sculpture or literature which are offense to morals.

Obscene publications and indecent shows – any person who

exhibits indecent or immoral plays, scene, acts or shows in theaters,
fairs, cinematography or any other place, whether live or in film.

3. Article 202. Vagrants and prostitutes –

As amended by R.A. 10158 “An Act Decriminalizing

Vagrancy”

Prostitutes - women who, for money or profit, habitually indulge in

sexual intercourse or lascivious conduct,
Other crimes against Public Morals:

1. R.A No. 9208 “Anti-trafficking in Persons Act” as amended

by R.A No. 10364.

2. Pornography under R.A. No. 9208 and R.A. No. 9775.

3. R.A 8042 “Migrant Workers and Overseas Filipinos Act” as

ameended by R.A No. 10022

“Thank you”