TITLE ONEI. CRIMES AGAINST NATIONAL SECURITYArticle 114 ELEMENTS OF TREASON:1. That the offender owes allegiance to the Government of the Philippines2. That there is a war in which the Philippines is involved3. That the offender either 4. Levies war against the government,1. breech of allegiance2. actual assembling of men3. for the purpose of executing a reasonable design4. breech of allegiance5. adherence6. giving aid or comfort to the enemy5. Adheres to the enemies, giving them aid and comfort Ways of proving treason:1. 2 witnesses testifying to same overt actExample: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT.2. Confession of the accused in open court. Arraignment, pre-trial, trial OK.1. If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the particular acts constituting treason.2. During trial, simply saying Im guilty is not enough.3. Withdrawing plea of not guilty during arraignment not necessary4. If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of affidavit during trial, even if assisted by counsel is not enough. Treason: breach of allegiance to the government, committed by a person who owes allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending on whether the person is a citizen or an alien. Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are, therefore, not aggravating. Treason cannot be committed in times of peace, only in times of war actual hostilities. But no need for declaration of war Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy) Not Treasonous:1. Acceptance of public office and discharge of official duties under the enemy does not constitute per se the felony of treason (exception: when it is policy determining)2. Serving in a puppet government (ministerial functions) and in order to serve the populace is NOT treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them.3. Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials not treason4. Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the Philippines.5. Only Filipino citizens or permanent resident aliens can be held liable6. Alien: with permanent resident status from the BID it is neither the length of stay in the Philippines nor the marriage with a Filipino that matters. On Citizenship Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused Actual hostilities may determine the date of the commencement of war No such thing as attempted treason; mere attempt consummates the crime Giving aid or comfort material element, enhances forces of the enemy country. Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitors country or that which weaken and tend to weaken the power of the same.Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily giving aid and comfort. Adherence and giving aid or comfort must concur together. Adherence: when a citizen intellectually or emotionally favors the enemy and harbors convictions disloyal to his countrys policy. But membership in the police force during the occupation is NOT treason.Example: Giving information to, or commandeering foodstuffs for the enemy. Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the circumstances surrounding the act. Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted. If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may useArt.12. No treason through negligence When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1) separate crimes or (2) as complex with treason.Article 115CONSPIRACY TO COMMIT TREASON ELEMENTS:1. In time of war2. 2 or more persons come to an agreement to1. levy war against the government, or2. adhere to the enemies and to give them aid or comfort,1. They decide to commit it ELEMENTS OF PROPOSAL TO COMMIT TREASON1. In time of war2. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person/s. Mere agreement and decisions to commit treason is punishable Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy.Article 116MISPRISION OF TREASON ELEMENTS:1. That the offender must be owing allegiance to the government, and not a foreigner2. That he has knowledge of any conspiracy (to commit treason) against the government3. That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides Offender is punished as an accessory to the crime of treason This crime does not apply if the crime of treason is already committed Crime of omission To report within a reasonable time depends on time, place and circumstance the RPC did not fix time. RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP Director? Judge Pimentel says any govt official of the DILG is OK.Article 117Espionage by entering, without authority therefor, warship, fort, or naval or military establishments or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. ELEMENTS:1. 1. That the offender enters any of the places mentioned therein1. 2. That he has no authority therefore;2. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the PhilippinesEspionage by disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in paragraph 1 of Article 117, which he had in his possession by reason of the public office holds1. ELEMENTS:That the offender is a public officer2. That he has in his possession the articles, data or information referred to in par 1 of art 117, by reason of the public office he holds3. That he discloses their contents to a representative of a foreign nation Purpose: to gather data Espionage: the offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. It is not conditioned on citizenship. Not necessary that Philippines is at war with the country to which the information was revealed. What is important is that the information related is connected with the defense system of the Philippines. Wiretapping is NOT espionage if the purpose is not something connected with the defense See CA 616II. CRIMES AGAINST LAWS OF NATIONSArticle 118INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS ELEMENTS:1. That the offender performs unlawful or unauthorized acts2. That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property Crime is committed in time of peace, intent is immaterial Inciting to war offender is any person Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their country.Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal.Article 119VIOLATION OF NEUTRALITYELEMENTS:1. That there is war in which the Philippines is not involved2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality3. That the offender violates such regulation Govt must have declared the neutrality of the Phil in a war between 2 other countries It is neutrality of the Phil that is violated Congress has the right to declare neutralityArticle 120CORRESPONDENCE WITH HOSTILE COUNTRYELEMENTS:1. That it is in time of war in which the Philippines is involved2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops3. That the correspondence is either 1. prohibited by the government, or2. carried on in ciphers or conventional signs, or3. containing notice or information which might be useful to the enemy Circumstances qualifying the offense:a. notice or information might be useful to the enemyb. offender intended to aid the enemy Hostile country exist only during hostilities or after the declaration of war Correspondence to enemy country correspondence to officials of enemy country even if related to you. It is not correspondence with private individual in enemy country If ciphers were used, no need for prohibition If ciphers were not used, there is a need for prohibition In any case, it must be correspondence with the enemy country Doesnt matter if correspondence contains innocent matters if prohibited, punishableArticle 121FLIGHT TO ENEMYS COUNTRY ELEMENTS1. That there is a war in which the Philippines is involved2. That the offender (Filipino or resident alien) must be owing allegiance to the government3. That the offender attempts to flee or go to enemy country4. That going to enemy country is prohibited by competent authority Mere attempt consummates the crime There must be a prohibition. If none, even if went to enemy country no violation Alien resident may be guilty here.Article 122PIRACY 2 Ways of Committing Piracy1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)2. By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its complement or passengers Elements:1. That a vessel is on the high seas/Philippine waters2. That the offenders are not members of its complement or passengers of the vessel3. That the offenders 1. attack or seize that vessel or (hence, if committed by crew or passengers, the crime is not piracy but robbery in the high seas)2. seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers High seas: any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign govt PD 532 has been already repealed Piracy in high seas jurisdiction is with any court where offenders are found or arrested Piracy in internal waters jurisdiction is only with Philippine courts For purpose of Anti-Fencing Law, piracy is part of robbery and theftPiracyMutiny

Robbery or forcible degradation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility.Unlawful resistance to a superior officer, or the raising of commotion and disturbances on board a ship against the authority of its commander

Intent to gain is an element.

Attack from outside. Offenders are strangers to the vessel. (this is the standing rule with the repeal of PD 532 which made it possible for any person to commit piracy including a passenger or complement of the vessel).Attack from the inside.

Article 123QUALIFIED PIRACY CIRCUMSTANCES:1. Whenever they have seized a vessel by boarding or firing upon the same2. Whenever the pirates have abandoned their victims without means of saving themselves3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. (the above may result to qualified mutiny) Parricide/infanticide should be included (Judge Pimentel) Note the new rape law. Death is imposed in certain types of rape There is a conflict between this provision and the provision on rape. Ex. If rape is committed on someone below 7 death under the new rape law. But if rape committed on someone below 7 during the time of piracy RP to death. Irreconcilable. Murder/rape/homicide/physical injuries must have been committed on the passengers or complement

TITLE TWOI. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATEClasses of Arbitrary Detention:1. By detaining a person without legal ground2. Delay in the delivery of detained persons to the proper judicial authorities3. Delaying releaseArticle 124ARBITRARY DETENTION ELEMENTS:1. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons; jurisdiction to maintain peace and order).2. That he detains a person (actual restraint).3. That the detention was without legal grounds (cannot be committed if with warrant). Detention: when a person is placed in confinement or there is a restraint on his person. Though the elements specify that the offender be a public officer or employee, private individuals who conspire with public officers can also be liable. Legal grounds for the detention of any person: Without legal grounds: Know grounds for warrantless arrest: For escaped prisoner no need for warrant Rolito Go v. CAis an example of arbitrary detention (Judge Pimentel) Example:Y was killed by unknown assailant. Officers got a tip and arrested X. X voluntarily admitted to the officers that he did it although he was not asked. X was detained immediately. According to the SC, there was NO arbitrary detention. Why? Because once X made a confession, the officers had a right to arrest him. Continuing crime is different from a continuous crime Ramos v. Enrile: Rebels later on retire. According to the SC, once you have committed rebellion and have not been punished or amnestied, then the rebels continue to engage in rebellion, unless the rebels renounce his affiliation. Arrest can be made without a warrant because this is a continuing crime.1. commission of a crime2. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital1. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime2. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital1. Crime is about to be, is being, has been committed2. Officer must have reasonable knowledge that the person probably committed the crimeArticle 125DELAY IN THE DELIVERY OF DETAINED PERSONS ELEMENTS:1. That the offender is a public officer or employee2. That he has detained a person for some legal grounds3. That he fails to deliver such person to the proper judicial authority within:1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent2. 18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent Really means delay in filing necessary information or charging of person detained in court. May be waived if a preliminary investigation is asked for. Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty complied with upon the filing of the complaint with the judicial authority (courts, prosecutors though technically not a judicial authority, for purposes of this article, hes considered as one.) The filing of the information in court does not cure illegality of detention. Neither does it affect the legality of the confinement under process issued by the court. To escape from this, officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. Such waiver is not violative of the accused constitutional right. What is length of waiver? Light offense 5 days. Serious and less serious offenses 7 to 10 days. (Judge Pimentel) Article does not apply when arrest is via a warrant of arrest If offender is a private person, crime is illegal detentionArbitrary Detention (124)Delay in Delivery of Detained (125)

Detention is illegal from the beginning.Detention is legal in the beginning, but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority.

Article 126DELAYING RELEASEELEMENTS:1. That the offender is a public officer or employee2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person3. That the offender without good reason delays:1. the service of the notice of such order to the prisoner, or2. the performance of such judicial or executive order for the release of the prisoner, or3. the proceedings upon a petition for the release of such person Three acts are punishable: Wardens and jailers are the persons most likely to violate this provision Provision does not include legislation1. delaying the performance of a judicial or executive order for the release of a prisoner2. delaying the service of notice of such order to said prisoner3. delaying the proceedings upon any petition for the liberation of such personArticle 127EXPULSIONELEMENTS:1. That the offender is a public officer or employee2. That he expels any person from the Philippines, or compels a person to change his residence3. That the offender is not authorized to do so by law 2 acts punishable:1. by expelling a person from the Philippines2. by compelling a person to change his residence(The crime of expulsion absorbs that of grave coercion. If done by a private person, will amount to grave coercion)i.e.,Villavicencio v. Lukban: prostitutes case Does not include undesirable aliens; destierro; or when sent to prison If X (Filipino) after he voluntarily left, is refused re-entry is considered forcing him to change his address here Threat to national security is not a ground to expel or change his address.Article 128VIOLATION OF DOMICILEELEMENTS:1. That the offender is a public officer or employee2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects3. That he commits any of the following acts:1. entering any dwelling against the will of the owner thereof2. searching papers or other effects found therein without the previous consent of such owner3. refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same Aggravating Circumstance (medium and maximum of penalty imposed): If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime committed is trespass to dwelling (Art 280) When a public officer searched a person outside his dwelling without a search warrant and such person is not legally arrested for an offense, the crime committed by the public officer is grave coercion, if violence or intimidation is used (Art 286), or unjust vexation, if there is no violence or intimidation (Art 287) A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner, even if he knew that someone in that dwelling is having unlawful possession of opium 3 acts punishable: Being authorized by law means with search warrant, save himself or do some things good for humanity There must be expression that entry is denied or that he is asked to leave Papers and effects need not be part of a crime.1. offense committed at nighttime2. papers or effects not constituting evidence of a crime be not returned immediately1. person enters dwelling w/o consent or against the will2. person enters and searches for papers and effects3. person entered secretly and refuses to leave after being asked toArticle 129SEARCH WARRANTS MALICIOUSLY OBTAINEDELEMENTS:1. That the offender is a public officer or employee2. That he procures a search warrant3. That there is no just causeABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCUREDELEMENTS:1. That the offender is a public officer or employee2. That he has legally procured a search warrant3. That he exceeds his authority or uses unnecessary severity in executing the same Search warrant is valid for 10 days from its date Search warrant is an order in writing issued in the name of the People, signed by the judge and directed to a public officer, commanding him to search for personal property described therein and bring it before the court No just cause warrant is unjustified Search limited to what is described in the warrant, all details must be with particularity Malicious warrant. Example. X was a respondent of a search warrant for illegal possession of firearms. A return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. Abuse examples:1. X owner was handcuffed while search was going-on.2. Tank was used to ram gate prior to announcement that a search will be made3. Persons who were not respondents were searchedArticle 130 ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:1. That the offender is a public officer or employee2. That he is armed with a search warrant legally procured3. That he searches the domicile, papers or other belongings of any person4. That the owner, or any member of his family, or two witnesses residing in the same locality are not present Order of those who must witness the search: Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. Latter is preferred for objective determination.1. Homeowner2. Members of the family of sufficient age and discretion3. Responsible members of the community (cant be influenced by the searching party)Article 131PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS ELEMENTS:1. Offender is a public officer or employee2. He performs any of the ff. acts:1. prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same (e.g. denial of permit in arbitrary manner).2. hindering any person from joining any lawful association or from attending any of its meetings prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances If the offender is a private individual, the crime is disturbance of public order (Art 153) Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or interrupting that meeting Meeting is subject to regulation Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, its unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body, not punishable under this article The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped But stopping the speaker who was attacking certain churches in public meeting is a violation of this article Prohibition must be without lawful cause or without lawful authority Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires permits for meetings in public places. But if police stops a meeting in a private place because theres no permit, officer is liable for stopping the meeting.Article 132INTERRUPTION OF RELIGIOUS WORSHIP ELEMENTS:1. That the officer is a public officer or employee2. That religious ceremonies or manifestations of any religion are about to take place or are going on3. That the offender prevents or disturbs the same Circumstance qualifying the offense: if committed with violence or threats Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion, but only a meeting of a religious sect. But if done in a private home, its a religious service Religious Worship: people in the act of performing religious rites for a religious ceremony; a manifestation of religion. Ex. Mass, baptism, marriage X, a private person, boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. Is X liable? X may be liable under Art 133 because X is a private person. When priest is solemnizing marriage, he is a person in authority, although in other cases, hes not.Article 133OFFENDING RELIGIOUS FEELINGS ELEMENTS:1. That the acts complained of were performed 1. in a place devoted to religious feelings, or (for this element, no need of religious ceremony, only the place is material)2. during the celebration of any religious ceremony2. That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the feelings)3. The offender is any person4. There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet If in a place devoted to religious purpose, there is no need for an ongoing religious ceremony Example of religious ceremony (acts performed outside the church). Processions and special prayers for burying dead persons but NOT prayer rallies Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing or attempting to damage an object of religious veneration There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness is not enough.CRIMENature of CrimeWho are LiableIf Element Missing

Prohibition, Interruption and Dissolution of Peaceful Meeting (131)Crime against the fundamental law of the statePublic officers, OutsidersIf not by public officer = tumults

Interruption of Religious Worship (132)Crime against the fundamental law of the statePublic officers, OutsidersIf by insider = unjust vexationIf not religious = tumult or alarmsIf not notoriously offensive = unjust vexation

Offending the Religious Feeling (133)Crime against public orderPublic officers, private persons, outsidersIf not tumults = alarms and scandalIf meeting illegal at onset = inciting to sedition or rebellion

TITLE THREEI. CRIMES AGAINST PUBLIC ORDERArticle 134REBELLION OR INSURRECTION ELEMENTS:1. That there be 1. public uprising and2. taking arms against the government (force/violence)2. That the purpose of the uprising or movement is either1. to remove from the allegiance to said government or its laws 1. i. the territory of the Philippines or any part thereof, orii. any body of land, naval or other armed forces, or2 To deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives Persons liable for rebellion1. Any person who:1. promotes2. maintains, or3. heads a rebellion or insurrection; or2. Any person who, while holding any public office or employment, takes part therein by:1. engaging in war against the forces of the government2. destroying property or committing serious violence3. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: diverting public funds is malversation absorbed in rebellion);4. Any person merely participating or executing the command of others in rebellion Success is immaterial, purpose is always political Rebellion used where the object of the movement is completely to overthrow and supersede the existing government Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of govt authority w/ respect to particular matters or subjects Actual clash of arms w/ the forces of the govt, not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the govt Purpose of the uprising must be shown but it is not necessary that it be accomplished A change of government w/o external participation RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT actual participation. If there is no public uprising, the crime is of direct assault. Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation, there must be ACTUAL participation Not necessary that there is killing, mere threat of removing Phil is sufficient Rebellion cannot be complexed with any other crime. However, illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime such along with the crime of conspiracy or proposal to commit such A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed If killing, robbing were done for private purposes or for profit, without any political motivation, the crime would be separately be punished and would not be embraced by rebellion (People v. Fernando) ReadPeople v. HernandezandEnrile v. Salazar Person deemed leader of rebellion in case he is unknown: Any person who in fact:1. directed the others2. spoke for them3. signed receipts and other documents issued in their name4. performed similar acts on behalf of the rebelsArticle 134-ACOUP D ETAT ELEMENTS:1. Swift attack2. Accompanied by violence, intimidation, threat, strategy or stealth3. Directed against:4. duly constituted authorities5. any military camp or installation6. communication networks or public utilities1. other facilities needed for the exercise and continued possession of power7. Singly or simultaneously carried out anywhere in the Philippines1. Committed by any person or persons belonging to the military or police or holding any public office or employment; with or without civilian support or participation8. With or without civilian support or participation9. Purpose of seizing or diminishing state power Crime may be committed by a single person, any government employee and even by civilian Taking up of arms not even necessary, what is important is violence, threat, intimidation, strategy or stealthTreason (114)Rebellion (134)Coup detat (134-A)Sedition (139)

Nature of CrimeCrime against National SecurityCrime against Public OrderCrime against Public OrderCrime against Public Order

Overt Actslevying war against the govt;ORadherence and giving aid or comfort to enemiesPublic uprisingANDTaking up arms against the govtSee article.Rising publicly or tumultuously (caused by more than 3 armed men or provided with means of violence)

Purpose of objectiveDeliver the govt to enemy during warSee article.Seizing or diminishing state power.See enumeration in article.

Article 135Penalties Who are liable?1. Any person who:1. Promotes2. Maintains3. heads a rebellion or insurrection4. engaging in war against the forces of the govt5. destroying property or committing serious violence6. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated2. Any person who, while holding any public office or employment, takes part therein3. Any person merely participating or executing the command of other in a rebellion.In Government ServiceNot in Government Service

Anyone who leads, directs, commands others to undertake a coup.Anyone who participates or in an manner, supports, finances, abets, aids in a coup.

Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to hostilities against the armed force. Diverting public funds is malversation absorbed in rebellion1. Public officer must take active part because mere silence or omission not punishable in rebellion2. It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never recognized the government3. Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government4. Killing, robbing etc for private persons or for profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion.Article 136CONSPIRACY TO COMMIT REBELLION OR INSURRECTION ELEMENTS:1. 2 more persons come to an agreement to rise publicly and take arms against the government2. For any of the purposes of rebellion3. They decide to commit itPROPOSAL TO COMMIT REBELLION OR INSURRECTION (136) ELEMENTS: Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the govt The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if theres no evidence that the hearers then and there agreed to rise up in arms against the govt Conspiracy must be immediately prior to rebellion If it is during the rebellion, then it is already taking part in it.1. A person who has decided to rise publicly and take arms the government2. For any of the purposes of rebellion3. Proposes its execution to some other person/sArticle 137DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES ELEMENTS: Presupposes existence of rebellion Must not be in conspiracy with rebels or coup plotters If there are means to prevent the rebellion but did not resist it, then theres disloyalty. If there are no means, no fault If position is accepted in order to protect the people, not covered by this The collaborator must not have tried to impose the wishes of the rebels of the people.1. Failing to resist rebellion by all the means in their power2. Continuing to discharge the duties of their offices under the control of rebels3. Accepting appointment to office under rebelsArticle 138INCITING TO REBELLION OR INSURRECTION ELEMENTS:1. That the offender does not take arms or is not in open hostility against the government2. That he incites others to the execution of any of the acts of rebellion3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end Intentionally calculated to seduce others to rebellion There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134Proposal to Commit Rebellion (136)Inciting to Rebellion (138)

The person who proposes has decided to commit rebellion.Not required that the offender has decided to commit rebellion.

The person who proposes the execution of the crime uses secret means.The inciting is done publicly.

Article 139SEDITION ELEMENTS:1. That the offenders rise 1. Publicly (if no public uprising = tumult and other disturbance of public order)2. Tumultuously (vis--vis rebellion where there must be a taking of arms)3. to prevent the promulgation or execution of any law or the holding of any popular election4. to prevent the national government, or any provincial or municipal government, or any public thereof from freely exercising its or his functions, or prevent the execution of any administrative order5. to inflict any act or hate or revenge upon the person or property of any public officer or employee6. to commit for any political or social end, any act of hate or revenge against private persons or any social class (hence, even private persons may be offended parties)7. to despoil, for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof2. That they employ force, intimidation, or other means outside of legal methods3. That the offenders employ any of those means to attain any of the following objects: Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. Difference from rebellion object or purpose of the surprising. For sedition sufficient that uprising is tumultuous. In rebellion there must be taking up of arms against the government. Sedition purpose may be either political or social. In rebellion always political Tumultuous caused by more than 3 persons who are armed or provided with means of violence Preventing public officers from freely exercising their functions In sedition offender may be a private or public person (Ex. Soldier) Public uprising and the object of sedition must concur Q: Are common crimes absorbed in sedition? InP v. Umali, SC held that NO. Crimes committed in that case were independent of each other. Preventing election through legal means NOT sedition But when sugar farmers demonstrated and destroyed the properties of sugar barons sedition Persons liable for sedition:1. leader of the sedition, and2. other persons participating in the seditionArticle 142INCITING TO SEDITION ELEMENTS:1. That the offender does not take a direct part in the crime of sedition2. That he incites others to the accomplishment of any of the acts which constitute sedition (134)3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end (purpose: cause commotion not exactly against the government; actual disturbance not necessary) Different acts of inciting to sedition: When punishable:1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems etc.2. Uttering seditious words or speeches which tend to disturb the public peace or writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace3. Knowingly concealing such evil practices1. when they tend to disturb or obstruct any lawful officer in executing the functions of his office; or2. when they tend to instigate others to cabal and meet together for unlawful purposes3. when they suggest or incite rebellious conspiracies or riots; or4. 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 governmentII. CRIMES AGAINST POPULAR REPRESENTATIONArticle 143ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES ELEMENTS:1. That there be a projected or actual meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or division thereof, or of any provincial board or city or municipal council or board2. That the offender who may be any persons prevents such meeting by force or fraud Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined.Article 144DISTURBANCE OF PROCEEDINGS ELEMENTS:1. That there be a meeting of Congress or any of its committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board2. That the offender does any of the following acts1. he disturbs any of such meetings2. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt.Article 145VIOLATION OF PARLIAMENTARY IMMUNITY Acts punishable:1. By using force, intimidation, threats, or frauds to prevent any member of Congress from 1. attending the meeting of the assembly or any of its committees, constitutional commissions or committees or divisions thereof, or from2. expressing his opinions or3. casting his vote2. By arresting or searching any member thereof while Congress is in a regular or special session, except in case such member has committed a crime punishable under the code by a penalty higher than prision mayorElements:1. That the offender is a public officer or employee2. That he arrests or searches any member of Congress3. That Congress, at the time of arrest or search, is in a regular or special session4. That the member searched has not committed a crime punishable under the code by a penalty higher than prision mayor (1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment). Article partly inoperative because of the 1987 ConstitutionIII. ILLEGAL ASSEMBLIES AND ASSOCIATIONSArticle 146ILLEGAL ASSEMBLIES Two (2) Types of illegal assemblies:a. Meeting of the first form1. Meeting, gathering or group of persons whether in a fixed place or moving2. purpose : to commit any of crimes punishable under the code3. meeting attended by armed personsb. Meeting of the second form1. Meeting, gathering or group of persons whether in a fixed place or moving2. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. Not all the persons present at the meeting of the first form of illegal assembly must be armed Persons liable for illegal assembly Responsibility of persons merely present at the meeting Presumptions if person present at the meeting carries an unlicensed firearm:1. the organizers or leaders of the meeting2. persons merely present at the meeting (except when presence is out of curiosity not liable)1. if they are not armed, penalty is arresto mayor2. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional1. purpose of the meeting is to commit acts punishable under the RPC2. considered as leader or organizer of the meetingArticle 147ILLEGAL ASSOCIATIONS ELEMENTS: Persons liable:1. Organized totally or partially for the purpose of committing any of the crimes in RPC2. Or for some purpose contrary to public morals1. founders, directors and president of the association2. mere members of the associationIllegal Assembly (146)Illegal Association (147)

Must be an actual meeting of armed persons to commit any of the crimes punishable under the RPC, or of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition or assault upon a person in authority of his agent.No need for such

It is the meeting and the attendance at such that are punishedAct of forming or organizing and membership in the association

Persons liable: leaders and those presentFounders, directors, president and members

IV. ASSAULT, RESISTANCE AND DISOBEDIENCEArticle 148DIRECT ASSAULT ELEMENTS OF THE 1STFORM OF DIRECT ASSAULT1. That the offender employs force or intimidation.2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. (victim need not be person in authority)3. That there is no public uprising. ELEMENTS OF THE 2NDFORM OF DIRECT ASSAULT:1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance.2. That the person assaulted is a person in authority or his agent.3. That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance of official duties (motive is not essential), or that he is assaulted (b) by reason of the past performance of official duties (motive is essential).4. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties (with intention to offend, injure or assault).5. That there is no public uprising. Always complexed with the material consequence of the act (e.g. direct assault with murder) except if resulting in a light felony, in which case, the consequence is absorbed Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority, the force employed must be of serious character The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands) The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Pointing a gun)Force EmployedIntimidation/Resistance

Person in AuthorityNeed not be seriousSerious

AgentMust be of serious characterSerious

Person in authority: any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of some court or governmental corporation, board or commission A barangay captain is a person in authority, so is a Division Superintendent of schools, President of Sanitary Division and a teacher Agent: is one who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. (Example. Barrio councilman and any person who comes to the aid of the person in authority, policeman, municipal treasurer, postmaster, sheriff, agents of the BIR, Malacaang confidential agent) Even when the person in authority or the agent agrees to fight, still direct assault. When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate self-defense There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties. When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked Circumstances qualifying the offense (Qualified Assault): Complex crime of direct assault with homicide or murder, or with serious physical injuries. Direct assault cannot be committed during rebellion.1. when the assault is committed with a weapon2. when the offender is a public officer or employee3. when the offender lays hand upon a person in authorityArticle 149INDIRECT ASSAULT ELEMENTS:1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. 148.2. That a person comes to the aid of such authority or his agent.3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. Indirect assault can be committed only when a direct assault is also committed To be indirect assault, the person who should be aided is the agent (not the person in authority because it is already direct assault, the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman under attack.Article 150DISOBEDIENCE TO SUMMONS Acts punishable:1. refusing without legal excuse to obey summons2. refusing to be sworn or placed under affirmation3. refusing to answer any legal inquiry to produce books, records etc.4. restraining another from attending as witness in such body5. inducing disobedience to a summons or refusal to be swornArticle 151RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. 1) ELEMENTS:1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender.2. That the offender resists or seriously disobeys such person in authority or his agent.3. That the act of the offender is not included in the provisions of arts. 148, 149 and 150.SIMPLE DISOBEDIENCE (par. 2) ELEMENTS:1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender.2. That the offender disobeys such agent of a person in authority.3. That such disobedience is not of a serious nature.Direct Assault (148)Resistant and Disobedience to a Person in Authority or Agents of such Person (151)

PIA or his agent must be engaged in the performance of official duties or that he is assaultedPIA or his agent must be in the actual performance of his duties.

Direct assault is committed in 4 ways by attacking, employing force, and seriously resisting a PIA or his agent.Committed by resisting or seriously disobeying a PIA or his agent.

Use of force against an agent of PIA must be serious and deliberate.Use of force against an agent of a PIA is not so serious; no manifest intention to defy the law and the officers enforcing it.

Article 152PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY: Persons 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.1. Barangay captain2. Barangay chairman3. Teachers4. Professors5. Persons charged with the supervision of public or duly recognized private schools, colleges and universities6. Lawyers in the actual performance of their professional duties or on the occasion of such performance Agent of Person in Authority any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property.1. Barrio councilman2. Barrio policeman3. Barangay leader4. Any person who comes to the aid of persons in authority Section 388 of the Local Govt Code provides that for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed aspersons in authorityin their jurisdictions, while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemedAGENT of persons in authority.V. CRIMES AGAINST PUBLIC DISORDERSArticle 153 TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:1. Causing any serious disturbance in a public place, office or establishment2. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship).3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place4. Displaying placards or emblems which provoke a disturbance of public order in such place5. Burying with pomp the body of a person who has been legally executed. If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting to rebellion or sedition. Tumultuous if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) tumultuous in characterArticle 154 TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES:1. Publishing or causing to be published, by means of printing, lithography or any other means of publication as news any false news which may endanger the public order, or cause damage to the interest or credit of the State.2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches3. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially4. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printers name or which are classified as anonymous.Article 155 TYPES OF ALARMS AND SCANDALS:1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153 (tumult). Charivari mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, insult or annoy Firearm must not be pointed at a person, otherwise, it is illegal discharge What governs is the result, not the intentCRIMENature of CrimeWho are Liable

Tumults and other Disturbances (153)Crime against Public OrderPrivate persons, outsider

Alarms and Scandals (155)Crime against Public OrderPrivate persons, outsider

Article 156 ELEMENTS OF DELIVERING PRISONERS FROM JAILS:1. That there is a person confined in a jail or penal establishment.2. That the offender removes therefor such person, or helps the escape of such person (if the escapee is serving final judgement, he is guilty of evasion of sentence).3. Offender is a private individual Prisoner may be detention prisoner or one sentenced by virtue of a final judgment A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here It may be committed through negligence Circumstances qualifying the offense is committed by means of violence, intimidation or bribery. Mitigating circumstance if it takes place outside the penal establishment by taking the guards by surpriseVI. EVASION OF SENTENCE OR SERVICEArticle 157 ELEMENTS OF EVASION OF SERVICE OF SENTENCE:1. That the offender is a convict by final judgment.2. That he is serving his sentence which consists in deprivation of liberty (destierro included)3. That he evades the service of his sentence by escaping during the term if his sentence. (fact of return immaterial). A continuing offense. Offenders not minor delinquents nor detention prisoners If escaped within the 15 day appeal period no evasion No applicable to deportation as the sentence Flimsy excuse for violating destierro not acceptable Circumstances qualifying the offense (done thru):1. unlawful entry (by scaling)2. breaking doors, windows, gates, walls, roofs or floors3. using picklocks, false keys, disguise, deceit, violence or intimidation4. connivance with other convicts or employees of the penal institutionArticle 158 ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:1. That the offender is a convict by final judgement who is confined in a penal institution.2. That there is disorder, resulting from- 1. conflagration,2. earthquake,3. explosion, or4. similar catastrophe, or5. mutiny in which he has not participated.1. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny.2. That the offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity. Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in no case to exceed 6 months. Offender must escape to be entitled to allowance Mutiny organized unlawful resistance to a superior officer, a sedition, a revolt Disarming the guards is not mutinyArticle 159VIOLATION OF CONDITIONAL PARDON ELEMENTS:1. That the offender was a convict.2. That he was granted a conditional pardon by the chief executive.3. That he violated any of the conditions of such pardon. Condition extends to special laws violation of illegal voting Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article. But if under Revised Admin Code, no conviction necessary. President has power to arrest, reincarnate offender without trial.VIOLATION OF PARDONORDINARY EVASION

Infringement of conditions/terms of PresidentTo evade the penalty given by the courts disturbs the public order

Two penalties provided:1. prision correccional in its minimum period if the penalty remitted does not exceed 6 years2. the unexpired portion of his original sentence if the penalty remitted is higher than 6 yearsVII. COMMISSION OF ANOTHER CRIMEArticle 160COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism) ELEMENTS1. That the offender was already convicted by final judgement of one offense.2. That he committed a new felony before beginning to serve such sentence or while serving the same. Quasi-recidivism : a person after having been convicted by final judgement shall commit a new felony before beginning to serve such sentence, or while serving the same. Second crimes must belong to the RPC, not special laws. First crime may be either from the RPC or special laws Reiteracion: offender shall have served out his sentence for the prior offense A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual Delinquent If new felony is evasion of sentence offender is not a quasi-recidivist Penalty: maximum period of the penalty for the new felony should be imposed (mitigating circumstance can only be appreciated if the maximum is divisible) Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. Minority)

TITLE FOURI. CRIMES AGAINST PUBLIC INTERESTArticle 161 TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:1. Forging the great seal of the Government2. Forging the signature of the President3. Forging the stamp of the President When the signature of the President is forged, it is not falsification but forging of signature under this article Signature must be forged, others signed it not the President.Article 162 USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:1. That the great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person.2. That the offender knew of the counterfeiting or forgery.3. That he used the counterfeit seal or forged signature or stamp. Offender is NOT the forger/not the cause of the counterfeitingArticle163 ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:1. That there be false or counterfeited coins (need not be legal tender).2. That the offender either made, imported or uttered such coins.3. That in case of uttering such false or counterfeited coins, he connives with counterfeiters or importers. Coin is counterfeit if it is forged, or if it is not an article of the government as legal tender, regardless if it is of no value Counterfeiting imitation of legal or genuine coin (may contain more silver, different design) such as to deceive an ordinary person in believing it to be genuine Utter to pass counterfeited coins, deliver or give away Import to bring to port the same Both Philippine and foreign state coins Applies also to coins withdrawn from circulation Essence of article: making of coins without authorityArticle 164 ELEMENTS OF MULTILATION OF COINS IMPORTATION AND UTTERANCE:This has been repealed by PD 247. Under this PD, the acts punishable are:1. willful defacement2. mutilation3. tearing4. burning5. destruction of Central Bank notes and coins 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 (to diminish metal contents). Foreign notes and coins not included. Must be legal tender. Must be intention to mutilate.Article 165SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE 2 Types1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated.ELEMENTS:1. possession2. with intent to utter, and3. knowledge4. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.ELEMENTS:1. actually uttering, and2. knowledge. Possession does not require legal tender in foreign coins Includes constructive possession Read RA 427Article 166FORGING TREASURY OR BANK NOTES IMPORTING AND UTTERING Acts punishable:1. Forging or falsity of treasury/bank notes or documents payable to bearer2. Importing of such notes3. Uttering of such false or forged obligations and notes in connivance with forgers and importers Forging by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document Falsification by erasing, substituting, counterfeiting or altering by any means the figures and letters, words, signs contained therein E.g. falsifying lotto or sweepstakes ticket. Attempted estafa through falsification of an obligation or security of the Phil PNB checks not included here its falsification of commercial document under Article 172 Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes, coupons, treasury notes, certificate of deposits, checks, drafts for money, sweepstakes moneyArticle 167 ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER:1. That there be an instrument payable to order or other document of credit not payable to bearer.2. That the offender either forged, imported or uttered such instruments.3. That in case of uttering, he connived with the forger or importer.Article 168 ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENT OF CREDIT:1. That any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person.2. That the offender knows that any of those instruments is forged or falsified.3. That he performs any of these acts 1. using any of such forged or falsified instrument, or2. possessing with intent to use any of such forged or falsified instrument. Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notesArticle 169FORGERY How forgery is committed: if all acts done but genuine appearance is not given, the crime is frustrated1. by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of a true and genuine document2. by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs contained therein.Article 170 ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:1. That these be a bill, resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council.2. That the offender (any person) alters the same.3. That he has no proper authority therefor.4. That the alteration has changed the meaning of the document. Accused must not be a public official entrusted with the custody or possession of such document otherwise Art 171 applies.Article 171FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR ECCLESTASTICAL MINISTER ELEMENTS:1. That the offender is a public officer, employee, or notary public.2. That he takes advantage of his official position.3. That he falsifies a document by committing any of the following acts:1. Counterfeiting or imitating any handwriting, signature or rubric.Requisites:1. That there be an intent to imitate, or an attempt to imitate2. That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to each other (lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. 1 but such is not an impediment to conviction under par. 2)1. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate.2. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.Requisites:1. That the offender caused it to appear in a document that a person/s participated in an act or a proceeding; and2. That such person/s did not in fact so participate in the act or proceeding3. Making untruthful statements in a narration of facts;Requisites:1. That the offender makes in a document statements in a narration of facts2. That he has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done) and3. That the facts narrated by the offender are absolutely false; and4. That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person There must be a narration of facts, not a conclusion of law. Must be on a material matter Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex. Residence certificates The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind of falsification may be committed by omission1. Altering true dates. date must be essential2. Making any alteration or intercalation in a genuine document which changes its meaning.Requisites:1. That there be an alteration (change) or intercalation (insertion) on a document2. That it was made on a genuine document3. That the alteration/intercalation has changed the meaning of the document4. That the change made the document speak something false.5. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original; (if no knowledge, falsification through negligence) or6. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. (genuine document)7. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons. There is no crime of attempted or frustrated falsification of public document Persons liable public officer, employee or notary public or ecclesiastical minister If offender does not take advantage of his public position, he may still be liable for falsification of documents by a private person Document: any written statement by which a right is established or an obligation is extinguished Not necessary that what is falsified is a genuine or real document, enough that it gives an appearance of a genuine article Counterfeiting imitating any handwriting, signature or rubric Feigning simulating a signature, handwriting, or rubric out of one of which does not in fact existArticle 172FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1) ELEMENTS1. That the offender is a private individual or a public officer or employee who did not take advantage of his official position.2. That he committed any of the acts of falsification enumerated in ART. 171.1. Counterfeiting or imitating any handwriting, signature or rubric.2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participated.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. That the falsification was committed in any public or official or commercial document. Under this paragraph, damage is not essential, it is presumed Defense: lack of malice or criminal intent The following writings are public: Examples of commercial documents warehouse receipts, airway bills, bank checks, cash files, deposit slips and bank statements, journals, books, ledgers, drafts, letters of credit and other negotiable instruments Cash disbursement vouchers or receipts evidencing payments are not commercial documents A mere blank form of an official document is not in itself a document The possessor of falsified document is presumed to be the author of the falsification1. the written acts or records of cats of the sovereign authority of official bodies and tribunals, and of the public officers, legislative, judicial and executive, whether of the Philippines or of a foreign country.2. Public records kept in the Philippines.FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT ELEMENTS :1. That the offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated in art. 171.2. That the falsification was committed in any private document (must affect the truth or integrity of the document)3. That the falsification caused damage (essential element; hence, no crime of estafa thus falsification of private document) to a third party or at least the falsification was committed with intent to cause such damage. Not necessary that the offender profited or hoped to profit from the falsification A document falsified as a necessary means to commit another crime must be public, official or commercial There is no complex crime of estafa through falsification of a private document because the immediate effect of the latter is the same as that of estafa If the estafa was already consummated at the time of the falsification of a private document was committed for the purpose of concealing the estafa, the falsification is not punishable, because as regards the falsification of the private document there was no damage or intent to cause damage. A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law The crime is falsification of public documents even if falsification took place before the private document becomes part of the public records.USE OF FALSIFIED DOCUMENT (par. 3, art. 172) ELEMENTS:1. Introducing in a judicial proceeding:1. That the offender knew that a document was falsified by another person.2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172.3. That he introduced said document in evidence in any judicial proceeding. (intent to cause damage not necessary)4. that the offender knew that a document was falsified by another person.5. That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172.6. That he used such documents (not in judicial proceedings).7. That the use of the documents caused damage to another or at least was used with intent to cause such damage.2. Use in any other transaction The user of the falsified document is deemed the author of falsification, if:1. the use is so closely connected in time with the falsification2. the user had the capacity of falsifying the documentFalsification of Private DocumentsFalsification of Public/Official Documents

Prejudice to third party is an element of the offense.Prejudice to third persons is immaterial, what is punished is the violation of public faith and perversion of truth which the document proclaims.

Article 173FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES Acts punishable:1. Uttering fictitious, wireless, telegraph or telephone messageRequisites:1. That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message.2. That the accused commits any of the following acts: uttering fictitious wireless, cable, telegraph, or telephone message, or falsifying wireless, cable, telegraph, or telephone message1. Falsifying wireless, telegraph or telephone messageRequisites:1. That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message.2. That the accused commits any of the following acts: uttering fictitious wireless, cable, telegraph, or telephone message, or falsifying wireless, cable, telegraph, or telephone message1. Using such falsified messageRequisites:1. That the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the person specified in the first paragraph of art. 173.2. That the accused used such falsified dispatch.3. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with intent to cause such prejudice. The public officer, to be liable must be engaged in the service of sending or receiving wireless, cable and telegraph or telephone messageArticle 174FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND THE LIKE: Persons liable:1. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate (note: such certificate must refer to the illness or injury of a person)2. Public officer who issued a false certificate of merit of service, good conduct or similar circumstances3. Private individual who falsified a certificate under (1) and (2)Article 175 ELEMENTS OF USING FALSE CERTIFICATES:1. That a physician or surgeon has issued a false medical certificate, or a public officer has issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of said certificates.2. That the offender knew that the certificate was false.3. That he used the same.Article 176MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR FALSIFICATION: Acts punishable:1. Making or introducing into the Philippines any stamps, dies or marks or other instruments or implements for counterfeiting or falsification2. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person The implement confiscated need not form a complete set Constructive possession is also punishedII. OTHER FALSITIESArticle 177USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS: 2 ways of committing the crime:1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine govt or any foreign govt.2. By performing an act pertaining to any person in authority or public officer of the Phil govt or foreign govt under the pretense of such official position, and without being lawfully entitled to do so. In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. Not necessary that he performs an act pertaining to a public officer. In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority A public officer may also be an offender The act performed without being lawfully entitled to do so must pertain:1. to the govt2. to any person in authority3. to any public officeArticle 178USING FICTITIOUS NAME AND CONCEALING TRUE NAME ELEMENTS (using fictitious name) :1. That the offender uses a name other than his real name.2. That he uses that fictitious name publicly.3. That the purpose of the offender is 1. To conceal a crime,2. To evade the execution of a judgment, or3. To cause damage to public interest. (ex. Signing fictitious name for a passport) ELEMENTS (concealing true name):1. that the offender conceals 2. his true name, and3. all other personal circumstances.1. that the purpose is only to conceal his identity.Use of Fictitious Name (178)Concealing True Name (178)

Element of publicity must be presentPublicity not necessary

Purpose is to conceal a crime, to evade the execution of a judgement, or to cause damagePurpose is to conceal identity

Article 179 ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:1. That the offender makes use of insignia, uniform or dress.2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member.3. That said insignia, uniform or dress is used publicly and improperly. an exact imitation of the dress or uniform is unnecessaryArticle 180 ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:1. That there be a criminal proceeding.2. That the offender testifies falsely under oath against the defendant therein.3. That the offender who gives false testimony knows that it is false.4. That the defendant against whom the false testimony is given is either acquitted or convinced in a final judgment (prescriptive period starts at this point) Requires criminal intent, cant be committed through negligence. Need not impute guilt upon the accused The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted The witness who gave false testimony is liable even if the court did not consider his testimony Penalty is dependent upon sentence imposed on the defendantArticle 181FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case: False testimony by negative statement is in favor of the defendant False testimony need not in fact benefit the defendant A statement of a mere opinion is not punishable Conviction or acquittal is not necessary (final judgement is not necessary). The false testimony need not influence the acquittal A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. If he merely denies the commission of the offense, he is not liable. Basis of penalty: gravity of the felony charged against the defendantArticle 182 ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:1. That the testimony must be given in a civil case.2. That the testimony must relate to the issues presented in said case.3. That the testimony must be false.4. That the false testimony must be given by the defendant knowing the same to be false.5. That the testimony must be malicious and given with an intent to affect the issues presented in the said case Not applicable when testimony given in a special proceeding (in this case, the crime is perjury) Basis of penalty: amount involved in the civil caseArticle183ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION:1. That an accused made a statement under oath or made an affidavit upon a material matter.2. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath.3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood, and4. That the sworn statement or affidavit containing the falsity is required by law. 2 ways of committing perjury: Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers to non-judicial proceedings and affidavits A false affidavit to a criminal complaint may give rise to perjury A matter is material when it is directed to prove a fact in issue A competent person authorized to administer an oath means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. The false testimony is not in a judicial proceeding1. by falsely testifying under oath2. by making a false statementArticle 184 ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:a That the offender offered in evidence a false witness or false testimony.b That he knew the witness or the testimony was false.c That the offer was made in a judicial or official proceeding. Article applies when the offender without inducing another, but knowing him to be a false witness, presented him and the latter testified falsely in a judicial or official proceeding The false witness need not be convicted of false testimony. The mere offer is sufficient.III. FRAUDSArticle 185 ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:a That there be a public auction.b That the accused solicited any gift or a promise from any of the bidders.c That such gifts or promise was the consideration for his refraining from taking part in that public auction.d That the accused had the intent to cause the reduction of the price of the thing auctioned. ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:a That there be a public auction.b That the accused attempted to cause the bidders to stay away from that public auctionc That it was done by threats, gifts, promises, or any other artifice.d That the accused had the intent to cause the reduction of the price of the thing auctioned.Article 186MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE: Acts punished:1. Combination to prevent free competition in the market2. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or prevent by artificial means free competition in the market (It is enough that initial steps are taken. It is not necessary that there be actual restraint of trade)3. Monopoly to restrain free competition in the market By monopolizing any merchandise or object of trade or commerce, by combining with any 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 to restrain free competition in the market4. 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 the merchandise. Person/s liable: Crime is committed by: The purpose is: Also liable as principals: Aggravated if items are:1. manufacturer2. producer3. processor4. importer1. combining2. conspiring3. agreeing with another person1. to make transactions prejudicial to lawful commerce2. to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Phil1. corporation/association2. agent/representative3. director/manager who willingly permitted or failed to prevent commission of above offense1. food substance2. motor fuel or lubricants3. goods of prime necessityArticle 187 ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS:a That the offender imports, sells or disposes of any of those articles or merchandise.b That the stamps, brands, or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys.c That the offender knows that the said stamp, brand, or mark fails to indicate the actual fineness or quality of the metals or alloys.Article 188SUBSTITUTING ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK Acts punishable:a By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the real manufacturer or dealer upon any article of commerce and (b) selling the same.b By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has been fraudulently usedc By using or substituting the service mark of some other person, or a colorable imitation of such marks, in the sale or advertising of servicesd By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a colorable limitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used.Article 189UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME, TRADEMARK SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION Acts punished:a Unfair competition by selling his goods, giving them the general appearance of the goods of another manufacturer or dealerb Fraudulent designation of origin; false description by (a) affixing to his goods or using in connection with his services a false designation of origin; or any false description or representation, and (b) selling such goods or servicesc Fraudulent registration by procuring fraudulently from the patent office the registration of t/m, t/m or service mark. ELEMENTS:a That the offender gives his goods the general appearance of the goods of another manufacturer or dealerb That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping of their packages, or in the (c) device or words therein, or in (d) any other feature of their appearancec That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose.d That there is actual intent to deceive the public or defraud a competitor.

TITLE FIVECRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)THE DANGEROUS DRUGS ACT OF 1972(RA No. 6425, as amended)I. Acts Punishable:1. importation of prohibited drugs2. sale, administration, delivery, distribution and transportation of prohibited drugs3. maintenance of a den, dive or resort for prohibited drug users4. being employees or visitors of drug den5. manufacture of prohibited drugs6. possession or use7. cultivation of plants8. failure to comply with provisions relative to keeping of records of prescription9. unnecessary prescription10. possession of opium pipe and other paraphernalia11. Importation, sale, etc. of regulated drugs Importation of prohibited/regulated drugs. Sale, administration, delivery, distribution and transaction of prohibited/regulated drugs.Qualifying Circumstances if the victim of the offense is a minor or should a prohibited/regulated drug involve in any offense under this section be the proximate cause of the death of a victim thereof, the maximum penalty herein shall be imposed. Maintenance of a den, dive, or resort for prohibited/regulated drug users.Qualifying Circumstance where a prohibited/regulated drug is administered, delivered, or sold to a minor who is allowed to use the same in such place, or should a prohibited drug be the proximate cause of the death of the person using the same in such den, dive or resort, the maximum of the penalty shall be imposed. Manufacture of prohibited/regulated drugs. Possession of prohibited/regulated drugs. Cultivation of plants which are sources of prohibited drugs.a Note:The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State, unless the owner thereof can prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part.bQualifying Circumstance if the land involved is part of the public domain, the maximum of the penalty herein provided shall be imposed. Failure to keep records of prescription, sales, purchases, acquisitions and/or deliveries of prohibited/regulated drugsPersons liable:Pharmacist, Physician, Dentist, Veterinarian, Manufacturer, Wholesaler, Importer, Distributor, Dealer, Retailer Unlawful prescription of prohibited/regulated drugs Unnecessary prescription of prohibited/regulated drugsPersons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any person whose physical/physiological condition does not require the use of thereof. Possession of opium pipe, equipment, apparatus or any paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or otherwise using opium or any other prohibited drug, shall be prima facie evidence that the possessor has smoked, consumed, administered to himself, injected or used a prohibited drug. Attempt and conspiracy to commit the following offenses:a Importation of dangerous drugsb Sale, administration, delivery, distribution and transportation of dangerous drugsc Maintenance of a den, dive or resort for prohibited drugsd Manufacture of dangerous drugse Cultivation or culture of plants which are sources of prohibited drugs Other persons liable:a If the violation of the Act is committed by a partnership, corporation, association or any judicial person, the partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal.b Partner, president, director, manager, officer or stockholder, who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufactur