Criminal Law 2 Reviewer

Siliman Law Batch 2019

Ver. 1

The coverage of this first version is from Crimes

Against National Security up to Crimes Committed By
Public Officers.

The primary material as basis for this reviewer

is Reyes book and the UP Law Reviewer for Criminal Law
(which is being used by Maam Bendanillo during class).
We added cases discussed during class as well as
comments and important reminders made by Maam.
We also took the liberty of crafting few tables for ease
of comparison in some closely related provisions.

We tried our best to make the reviewer as

concise as possible; yet as thorough as it possibly can
specially on special laws (we only included specific
provisions that Maam wrote in the syllabus).

We from the Crim 2 reviewer group, hope that

this reviewer will help us all during the exams. God
Bless.

Ian, Stella, Garry, Gail, Precious, Megan, Celeste, Dom,

Darrel, Ben and Frances

Criminal Law 2 Reviewer SULaw 2019 Page 1

Title One: Crimes against National Security, and Crimes
against the Law of Nations
Crimes against National Security
Article 114: Treason
Article 115: Conspiracy and Proposal to Commit Treason
Article 116: Misprision of Treason
Article 117: Espionage
Crimes against the Law of Nations (Crimes against Humanity)
Article 118: Inciting to War or Giving Motives for Reprisals
Article 119: Violation of Neutrality
Article 120: Correspondence with Hostile Country
Article 121: Flight to Enemys Country
Article 122: Piracy in General and Mutiny on the High Seas or
in Philippine Waters
Article 123: Qualified Piracy
Extra-territorial application of the RPC: Article 2(5). Except as
provided in the treaties and laws of preferential application,
the provisions of this Code shall be enforced not only within
Philippine Archipelago, including its atmosphere, its interior
waters and maritime zone, but also outside of its jurisdiction,
against those who (5) should commit any of the crimes
against national security and the laws of nations, defined in
Title one of Book Two of this Code.
Crimes against national security can only be tried in the
Philippines while those against the laws of nations can be
prosecuted wherever the offender is found because the
crimes are considered crimes against humanity.
General Rule: Most of these are committed in times in war.
Exceptions: The following can be committed in times of
peace:
(1) Espionage (Art 117) This is also covered by
Commonwealth Act No. 616 which punishes
conspiracy to commit espionage.
(2) Inciting to War or Giving Motives for Reprisals
(Art 118) This can be committed even if the
Philippines is not a party to an on-going war.
Crimes against National Security
Article 114: Treason
Penalty: If Filipino citizen reclusion perpetua to death and a
fine not exceeding P100k; if resident alien reclusion
temporal to death and a fine not exceeding P100k
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Treason is a breach of allegiance to a government, by a
person who owes allegiance to it.
Allegiance, or the obligation of fidelity and obedience
individuals owe to the government under which they live or
to their sovereign, may be permanent (citizen) or temporary
(resident alien).
Treason is a war crime; that is, it can only be committed in
times of war, not in peace time.
Mode 1: Levying war against the Government
Elements:
1. Offender is a Filipino or a resident alien
2. There is a war in which the Philippines is involved
3. Offender levies war against the Government
a. There must be an actual assembling of men
b. For the purpose of executing a treasonable
design by force.
A formal declaration of the existence of war is not necessary.
Actual hostilities may determine the date of the
commencement of war.
The levying of war must be in collaboration with a foreign
enemy. If mere civil uprising, it is not treason but offenders
may be liable for rebellion.
Mode 2: Adherence to the Enemy and Giving Aid or Comfort
Elements:
1. Offender is a Filipino or a resident alien
2. There is a war in which the Philippines is involved
3. Offender adheres to the enemies and gives aid or
comfort
Adherence and giving aid or comfort must be present.
Adherence without giving aid or comfort, and vice versa, is
not treason.
Adherence to the enemy means intent to betray. It is a state
of mind.
Giving aid or comfort means an overt act which (1)
strengthens or intends to strengthen the enemy in the
conduct of war against own country, and (2) an overt act
which weakens or tends to weaken the power of the traitors
country to resist or to attack the enemy.
Extent of aid and comfort given to enemies must be to render
assistance to them as enemies and not merely as individuals
and be directly in furtherance of the enemies hostile designs.
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Acceptance of public office and discharge of official duties
under enemy do not constitute per se the felony of treason,
unless positions were highly responsible and policy-
determining.
There is no treason through negligence. The overt act of
giving aid or comfort must be intentional.
When the killings and other common crimes are charged as
overt acts of treason, they cannot be regarded (1) as separate
crimes; or (2) as complexed with treason.
Exception: Maam said: If the crimes are unrelated to the
treasonous design, then they may be regarded as separate
crimes.
Treason by Filipino can be committed outside the Philippines
while treason by a resident alien must be committed in the
Philippines.
Treason is a continuous offenseit may be committed by one
single act, by a series of acts, or by several series thereof.
Treason cannot be proved by circumstantial evidence or by
extrajudicial confession of the accused.
Maam said: Direct evidence = testimony of eye-witness
Circumstantial evidence = making inferences on
surrounding circumstances
Ways of Proving Treason: A person may be convicted of
treason on any of the ff:
1. Two witness rule: Testimony of at least two witnesses
to the same overt act (same act, place and movement)
(1) required to prove the overt act of giving aid or
comfort
(2) not necessary to prove adherence*
*Adherence may be proved:
(1) by one witness
(2) from the nature of act itself
(3) from the circumstances
surrounding the act
2. Confession of accused in open court (Art 114, par 2)/ a
judicial confession
Aggravating Circumstances: Cruelty and Ignominy
**Evident premeditation, superior strength and treachery are
inherent in treason; thus, not aggravating
Cases
PEOPLE V. PEREZ (GR L-856 April 18, 1949)
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FACTS:
Susano Perez was convicted of treason and was sentenced to
death by electrocution in the peoples court in Cebu city. The
trial court found the accused, together with the other
Filipinos, recruited, apprehended and commandeered
numerous girls and women against their will for the purpose
of using them, to satisfy the sexual desire of the Japanese
officers (ie Colonel Mini and Dr. Takibayas). Perez also took
the chance to rape some of the girls.
ISSUE: Did the acts of the accused constitute the crime of
treason?
RULING:
NO. As a general rule, to be treasonous, the extent of the aid
and comfort given to the enemies must be to render
assistance to them as enemies and not merely as individuals
and in addition, be directly in furtherance of the enemies
hostile designs. Sexual and social relations with the Japanese
did not directly and materially tend to improve their war
efforts or to weaken the power of US. Whatever favorable
effect the defendants collaboration with the Japanese might
have in their prosecution of the war was trivial,
imperceptible, and unintentional. However, the accused may
be punished for the rape as principal by direct participation.
Without his coordination in the manner above stated, these
rapes could not have been committed.
Cramer Vs. United States (65 SCt 918)
FACTS:
Anthony Cramer was charged with treason by adhering to the
enemies of the US, giving them aid and comfort by meeting,
conferring, treating and counselling with Werner Thiel and
Edward John Kerling, who were enemies of the US, for the
purpose of giving and with intent to give aid and comfort to
said enemy. By direct testimony of two or more witnesses, it
was established that Cramer met Thiel and Kerling on the
occasions and at the places charged; that they drank
together, and that they engaged long and earnestly in
conversation. There was no proof by two witnesses of what
they said, or in what language they conversed; no showing
that Cramer gave them any information whatever of value to
their mission, or that he had any to give; no showing of any
effort at secrecy, they having met in public places, and no
evidence that Cramer furnished them shelter, sustenance, or
supplies, or that he gave them encouragement or counsel, or
even paid for their drinks.
ISSUE: Did Cramer commit treason?
RULING:
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NO. Writing for the majority, Justice Robert H. Jackson said
that the constitution is clear in its definition of treason,
limited to the waging of war, or giving material assistance to
an enemy. The prosecution and its witnesses could
demonstrate only an association and not that Cramer had
given "Aid and Comfort," as defined in Article Three.
Writing for the dissent, Justice William O. Douglas claimed
that acts, though innocent by nature, may serve a treasonous
plan.
People vs Adriano (GR L-477 June 30, 1947)
FACTS
Adriano is a member of the Makapili (a military organization
established to assist and aid the Japanese war efforts). He
participated in certain raids and confiscation of personal
property, but these certain acts were never attested by two
witnesses, which means that these acts have only one
witness each and no other witnesses to corroborate with him.
The lower court convicted Adriano of treason because the
evidence proved that he is indeed a member of the Makapili.
**The lower Court as well as the Supreme Court agreed that
merely becoming a member of the Makapili constitutes BOTH
adherence to the enemy AND aid and comfort, which are the
requisites for Treason.
ISSUE
Whether or not the two-witness rule has been satisfied by
the evidences.
RULING
No. The Court ruled that conviction for treason is severely
restrictive and that it is not merely by accident but clearly
intentional. Since the Philippine law on Treason came from
US, meaning and scope can be found on US judicial
interpretation. Similarly, the Court decided that the intention
of the law should operate with the same inflexibility and
rigidity as the American framers intended. Therefore, the
two-witness rule must be followed. Regarding the evidences
presented in the case, each overt act of Adriano was not
corroborated by two witnesses and thus, the Supreme Court
reversed the lower courts decision and acquitted Adriano.
People vs. Victoria (GR L-369 March 13, 1947)
FACTS
Accused was found guilty of the crime of treason due to his
participation in an armed enemy patrol which led to the
arrest, torture and killing of a number of guerillas. The
Solicitor General recommends the penalty of death due to
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the attending aggravating circumstances of treachery, the aid
of armed persons to insure or afford impunity, and
deliberately augmenting the crimes by causing other wrongs
not necessary in the commission thereof.
Issue: Whether or not the penalty should be death as a
consequence of the aggravating circumstances?
Ruling: No. The Court ruled that the circumstances in
question are essential elements of the treason. Also, the
crime is of such a nature that it may be committed by one
single act, by a series of acts, or by several series thereof, not
only in a single time, but in different times, it being a
continuous crimes, so much so that there are some accused
of treason for just one count and there are others for several
counts, their number not changing the nature of the offense
committed.
The penalty imposed was reclusion perpetua, being the
medium penalty provided by law.
Article 115: Conspiracy and Proposal to Commit
Treason
Penalty: Conspiracy prision mayor and a fine not exceeding
P10k
Proposal prision correcional and a fine not
exceeding P5k
CONSPIRACY TO COMMIT TREASON Elements:
1. There is a war in which the Philippines is
involved
2. At least two persons come to an agreement to
a. Levy war against the government; or
b. Adhere to the enemies, giving them aid or
comfort
3. That person proposes its execution to other
persons
4. They decide to commit it
PROPOSAL TO COMMIT TREASON Elements:
1. There is a war in which the Philippines is
involved
2. At least one person decides to
a. Levy war against the government; or
b. Adhere to the enemies, giving them aid or
comfort
3. He proposes its execution to another.
General rule: Conspiracy and proposal to commit a felony is
not punishable under Article 8.
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Exception: Under Article 115, mere conspiracy or proposal to
commit treason is punishable. This is because, in treason, the
very existence of the state is endangered.
The two-witness rule does not apply to conspiracy or
proposal because they are distinct offenses.
CASE
US vs Bautista (62 Phil 581)
Facts: A junta was organized by Filipinos in Hong Kong. They
conspired to overthrow the Government of the US in the
Philippines by force of arms and establishing Republica
Universal Democratica Filipina. Prim Ruiz was to be the titular
head and Artemio Ricarte was to be the chief of military
forces. Ricarte came to Manila and met with others to perfect
the conspiracy hatched in Hong Kong. An enlistment of an
army was made. Bautista took part in some of the meetings
wherein he assured Ricarte that the necessary preparation
had been made and that he held the people in readiness.
Issue: Is Bautista guilty of conspiracy to commit treason?
Ruling: Yes. The fact that one accused of conspiracy to
overthrow the government has actually and voluntarily
accepted appointment by the conspirators as an officer of
armed forces, raised or to be raised for the furtherance of the
designs of the conspirators, may be taken into consideration
as evidence of the criminal connection of the accused with
the conspiracy.
Article 116: Misprision of Treason
Penalty: Punished as an accessory to the crime of treason;
two degrees lower than that provided for treason.
Elements:
1. Offender is a citizen. (NOT a resident alien or
foreigner!)
2. He has knowledge of conspiracy to commit treason
against the government
3. He conceals or does not disclose and make
known the same as soon as possible to the
governor or fiscal of the province in which he
resides, or the mayor or fiscal of the city in which he
resides
Art 116 speaks of knowledge of conspiracy, not knowledge of
treason actually committed.
Offender, while punished as an accessory to treason, is the
principal in misprision of treason.
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Article 20 does not apply because, as Maam said: national
security is greater than blood relationship.
Art 116 is an exception to the rule laid down by Art 19 that
mere silence does not make a person criminally liable.
Article 117: Espionage
Penalty: prision correcional; penalty next higher in degree if
public officer or employee
Mode 1: Entering of establishment to obtain confidential
information regarding defense of the Philippines
Elements:
1. That the offender enters a warship, fort, or naval or
military establishment or reservation;
2. That he has no authority therefor;
3. That his purpose is to obtain information, plans,
photographs or other data of a confidential
nature relative to the defense of the Philippines.
Mode 1 may be committed by any person
Intention to obtain information, etc. is necessary but it is not
necessary that information, etc. is obtained.
Mode 2: Disclosing by public officer of confidential
information to a foreign representative
Elements:
1. That the offender is a public officer;
2. That he has in his possession the articles, data or
information of a confidential nature relative to the
defense of the Philippines, by reason of the public
office he holds;
3. That he discloses their contents to a representative
of a foreign nation.
Espionage vs Treason
Espionage may be committed in time of war or
peace, in many ways (e.g. Commonwealth Act No.
616)
Treason may be committed only in time of war, and
limited only in two waysby levying war against the
govt, or adherence and giving aid or comfort to the
enemy
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Crimes against the Law of Nations
Article 118: Inciting to War or Giving Motives for
Reprisals
Penalty: reclusion temporal if public officer or employee;
prision mayor if private individual
Elements:
1. Offender performs unlawful or unauthorized acts
2. Such acts
a. provoke or give occasion for a war involving
or liable to involve the Philippines; or
b. expose Filipino citizens to reprisals on their
persons or property
Intention of the offender is immaterial. The law considers the
effects produced by the acts.
Crime is committed in time of peace.
Examples:
Raising, without sufficient authorization, of troops
within the Philippines for the service of a foreign
nation against another nation
Public destruction of the flag or seal of a foreign
state or the public manifestations of hostility to the
head or ambassador of another state.
Article 119: Violation of Neutrality
Penalty: prision correcional
Elements:
1. There is a war in which the Philippines is not
involved.
2. There must be a regulation issued by a competent
authority to enforce neutrality.
3. Offender violates such regulation.
Neutrality - taking no part in a contest of arms going on
between other countries.
Article 120: Correspondence with Hostile Country
Elements:
1. In time of war involving the Philippines
2. Offender makes correspondence with an enemy
country or territory occupied by enemy troops
3. Correspondence is either:
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a. Prohibited by the government (penalty:
prision correccional);
i. Even if it contains innocent
matters, if it has been prohibited
by the Government, it is
punishable, because some
information useful to the enemy
might be revealed unwittingly.
b. Carried on in ciphers or conventional
signs**, (prision mayor);
c. Containing notice or information which
might be useful to the enemy** (reclusion
temporal)
** Prohibition by the Government is not essential
Correspondence - communication by means of letters which
pass between those who have friendly or business relations.
Circumstances qualifying the offense: The following must
concur together.
1. The notice or information might be useful to the
enemy, and
2. The offender intended to aid the enemy (crime
amounts to treason, thus penalty is the same as
treason: reclusion temporal to death)
Article 121: Flight to Enemys Country
Penalty: arresto mayor
Elements:
1. There is a war in which the Philippines is involved.
2. Offender owes allegiance to the government may
be committed by a citizen or resident alien
3. Offender attempts to flee or go to enemy country.
4. Going to the enemy country is prohibited by
competent authority.
An alien resident may be guilty of this crime. Albeit
temporary, an alien owes allegiance to the Philippine
Government.
Mere attempt to flee or go to enemy country consummates
the crime
Article 122: Piracy in General and Mutiny on the High
Seas or in Philippine Waters
Penalty: reclusion perpetua; if terrorism 40 years
imprisonment without benefit of parole
Two modes of committing piracy:
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 1. By attacking or seizing a vessel on the high seas or in
Philippine waters;
2. By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its complement
or passengers.
Elements of piracy:
1. The vessel is on the high seas or Philippine waters
2. Offender are not members of its complement nor
passengers of the vessel
3. Offenders either:
a. Attack or seize that vessel; or
b. Seize the whole or part of its cargo, its
equipment or personal belongings of its
complement or passengers
4. There is intent to gain.
Piracy - it is robbery or forcible depredation on the high seas,
without lawful authority and done with animo furandi and in
the spirit and intention of universal hostility.
Piracy is a crime not against any particular state but against
all mankind. It may be punished in the competent tribunal of
any country where the offender may be found or into which
he may be carried.
Mutiny - the unlawful resistance to a superior, or the raising
of commotions and disturbances on board a ship against the
authority of its commander.
Mutiny is usually committed by the members of the
complement and may be committed by the passengers of the
vessel.
Intent to gain is not essential.
High Seas - parts of the sea that are not included in the
exclusive economic zone, in the territorial seas, or in the
internal waters of a state, or in the archipelagic waters of an
archipelagic state.
Philippine Waters shall refer to all bodies of water, such as
but not limited to seas, gulfs, bays, around, between and
connecting each of the islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or dimension, and all
waters belonging to the Philippines by historic or legal title,
including territorial sea, the sea-bed, the insular shelves, and
other submarine areas over which the Philippines has
sovereignty and jurisdiction.
Aiding or Abetting of Piracy
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Any person who shall knowingly aid or abet piracy will be
considered as an accomplice in the commission of piracy. This
is penalized as a crime distinct from Piracy.
Elements:
1. Knowingly aids or protects pirates.
2. Acquires or receives property taken by such pirates,
or in any manner derives any benefit therefrom.
3. Directly or indirectly abets the commission of piracy.
Article 123: Qualified Piracy
Penalty: reclusion perpetua to death
Elements:
1. The vessel is on the high seas or Philippine waters.
2. Offenders may or may not be members of its
complement, or passengers of the vessel.
3. Offenders either:
a. Attack or seize the vessel; or
b. Seize the whole or part of its cargo, its
equipment or personal belongings of its
complement or passengers.
4. The preceding were committed under any of the
following circumstances:
a. Whenever they have seized a vessel by
boarding or firing upon the same.
b. Whenever the pirates have abandoned
their victims without means of saving
themselves*; or
c. Whenever the crime is accompanied by
murder, homicide, physical injuries or
rape.*
*Maam said: [b and c] also applies to mutineers
Qualified Piracy is a Special Complex Crime punishable by
reclusion perpetua to death, regardless of the numbers of
victims.
Offenders are not liable for the separate crimes of murder,
homicide, physical injuries, or rape.
Maam said: You say qualified piracy or composite crime of
piracy and (for example) rape
Piracy v Mutiny
Piracy offenders are strangers to vessels, with
intent to gain
Mutiny offenders are members of crew/
passengers of vessel; intent to gain inessential,
offenders may only intend to ignore the ships
officers
PD 532 v Article 122 on Piracy
No contradiction between the two laws.
PD 532 any person
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 Article 122 persons who are not passengers or
members
When Piracy is considered Terrorism
When offender commits [piracy] thereby sowing and
creating a condition of widespread and extraordinary
fear and panic among the populace*, in order to
coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism.
*Maam said: it is undefined whether this is local or national
CASE
People vs Lol-lo (G.R. No. 17958 February 27, 1922)
Facts: A boat with 11 men, women, and children, subjects of
the Netherlands, arrived in the Dutch East Indies. There, the
boat was surrounded by six vintas manned by armed Moros
who asked for food, but once on the boat, took the cargo,
attacked some of the men, and raped two of the women.
Except for the two women raped, the 9 others were returned
to the boat, and holes were made in it. Lol-lo and Saraw, 2 of
the Moros, returned to their home in Sulu, Philippines where
they were arrested and charged with the crime of Piracy.
Issue: Should Lol-lo and Saraw be tried under Philippine
jurisdiction, considering that the felony was committed in the
territorial sea of the Netherlands?
Ruling: Yes. Piracy is a crime not against any particular state
but against all mankind. It may be punished in the competent
tribunal of any country where the offender may be found or
into which he may be carried. It has no territorial limits. As it
is against all so may it be punished by all. It does not matter
that the crime was committed within the Netherlands
because those neutral limits are not neutral to crime.
Republic Act No. 6235 or the Anti-Hijacking Law
Meaning of aircraft is in flight from the moment all
exterior doors are closed following embarkation until the
same doors are again opened for disembarkation.
Acts Punished:
1. Usurping or seizing control of an aircraft of
Philippine registry while it is in flight; or compelling
the pilots thereof to change its course or
destination.
a. When the aircraft is not in flight, the
usurpation or seizure of the aircraft may
amount to coercion or threat. When death
results, the crime is homicide or murder, as
the case may be.
2. Usurping or seizing of an aircraft of foreign registry,
while within Philippine territory, or compelling the
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pilots thereof to land in any part of the Philippine
territory.
a. Aggravating Circumstances to acts punished
under 1 and 2:
i. When the offender has fired upon
the pilot, member of the crew, or
passenger of the aircraft.
ii. When the offender has exploded
or attempted to explode any bomb
or explosive to destroy the aircraft.
iii. Whenever the crime is
accompanied by murder, homicide,
serious physical injuries or rape.
3. Carrying or loading on board an aircraft operating as
a public utility passenger aircraft in the Philippines
flammable, corrosive, explosive or poisonous
substances.
4. Loading, shipping, or transporting on board a cargo
aircraft operating as a public utility in the
Philippines, flammable, corrosive, or poisonous
substance if not done in accordance with the rules
and regulations of the Air Transportation Office.
Maams Quiz
The accused hijacked a PAL airplane and at gunpoint
ordered the pilot to fly to Indonesia instead of Davao, which
was the planes destination. The pilot refused and so the
accused shot him to death. In time, the accused was
overpowered by the crew and the co-pilot was able to fly the
plane safely to Davao. What crime or crimes did the accused
commit?
Accused committed hijacking, penalized by RA 6235
because
o He compelled pilot of a PH-registered
aircraft to change destination (to Indonesia
instead of Davao)
o While in flight
Penalty is imprisonment of 15 years to death, or a
fine of 20k- 50k bc:
o He fired upon the pilot
o The crime was accompanied by murder/
homicide :)
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Title II. Crimes against the Fundamental Laws of the ii. Violent insanity or any other
State ailment requiring compulsory
confinement in a hospital
Arbitrary Detention
Article 124: Arbitrary Detention A public officer is deemed such when he is acting within the
Article 125: Delay in the delivery of detained persons to bounds of his official duty. If he acts outside the bounds of his
proper judicial authorities duties, he is considered to be acting in his private capacity (so
Article 126: Delaying release he may be liable not under Article 124 but Article 267/268 for
illegal detention).
Expulsion
If offender is a private individual, he is liable under Article 267
Article 127: Expulsion
or 268, UNLESS he conspired with public officers (then he is
liable for arbitrary detention).
Violation of Domicile
Article 128: Violation of domicile Detention actual confinement of a person in an enclosure,
Article 129: Search warrants obtained and abuse in the or in any manner detaining and depriving him of his liberty; a
service of those legally obtained person detained has restraint upon his person
Article 130: Searching domicile without witnesses
General rule: A (properly issued) warrant of arrest is needed.
No warrant, no arrest. If an arrest is made, there is arbitrary
Prohibition, interruption, and dissolution of peaceful
detention (or illegal detention, if private individual).
meetings
Article 131: Prohibition, interruption, and dissolution of Exceptions: Section 5, Rule 113, Revised Rules of Criminal:
peaceful meetings Arrest without a warrant When lawful

Crimes against Religious Worship
Article 132: Interruption of religious worship
Article 133: Offending the religious feelings
They are called crimes against the fundamental laws of the
State because they violate certain provisions of the Bill of
Rights, i.e., Section 1 (Articles 124-26), Section 6 (Article 127),
Section 2 (Articles 128-30), Section 4 (Article 131), and
Section 5 (Articles 132-33).
A peace officer or a private person may, without a
warrant arrest a person:
(a) When in his presence, the person to be arrested
committed, is actually committing, or is attempting
to commit an offense;
(b) When an offense has in fact just been committed,
and he has probable cause to believe based on
personal knowledge of facts and circumstances that
the person to be arrested committed it; and

(c) When the person to be arrested is a prisoner who

has escaped from a penal establishment or place
Arbitrary Detention
where he is serving final judgment or temporarily
Article 124: Arbitrary Detention confined while his case is pending, or has escaped
while being transferred from one confinement to
Penalty: arresto mayor max to prision correccional min (if another.
detention has not exceeded 3 days); prision correccional med
and max (if more than 3 but less than 15 days); prision mayor Maam said: Warrantless arrest can be made if the
(more than 15 but less than 6 months), reclusion temporal (if person is caught (1) in flagrante delicto caught in
more than 6 months) the act; (2) hot pursuit; or (3) if he is an escaping
prisoner.
Elements:
1. Offender is a public officer or employee Personal knowledge of facts in warrantless arrests
2. He detains a person must be based upon probable cause, which means
3. Detention has no legal ground an actual belief or reasonable grounds for suspicion.
a. Legal grounds for detention
Probable cause such facts and circumstances
i. Commission of a crime
which could lead a reasonable discreet and prudent
man to believe that an offense has been committed
and that the object sought in connection with the
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 offense are in the place sought to be searched. It
may be within the personal knowledge of the
complainant or the witnesses he may produce and
not based on mere hearsay. Example: prior conduct
of surveillance or buy-bust operations.
Note: offender of arbitrary detention public officer; illegal
detention private person
Arbitrary detention can be committed through imprudence.
Article 125: Delay in the delivery of detained persons
to proper judicial authorities
Elements:
1. Offender is a public officer or employee
2. He detains a person for some legal ground
3. He fails to deliver such person to the proper
judicial authorities within
a. 12 hours light penalties
b. 18 hours correctional
c. 36 hours afflictive or capital
If offender is a private person, the crime is illegal
detention.
This article applies only with a lawful warrantless arrest.
If the arrest was made with a warrant, this article does
not apply, and the person arrested can be detained
indefinitely until his case is decided by the court or he
posts a bail.
Delivery filing correct information with the proper
court (or constructive delivery turning over person
arrested to the jurisdiction of the court). The purpose is
to determine whether the offense is bailable or not.
The periods stated are counted only when the
prosecutors office is ready to receive the complaint or
information. Nighttime is not included.
Illegality of detention is not cured by filing of
information in court.
Note: failure to deliver means failure to file information
against an arrested person.
Rights of persons detained (Article 125, par 2)
To be informed of the cause of his detention
To be allowed, upon his request, to
communicate and confer at any time with his
counsel.
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Public officer or employee is liable for preventing the
exercise of the right to attorneys visit and confer with
persons arrested. Penalty is arresto mayor. (RA No. 857)
Waiver of provision of Article 125
In cases falling under (a) and (b) of Section 5, Rule 113,
the person arrested without a warrant shall be
delivered to the nearest police station or jail, and shall
be proceeded against in accordance with Section 7,
Rule112 which provides:
When a person is lawfully arrested without a
warrant involving an offense which requires a
preliminary investigation, the complaint or
information may be filed by a prosecutor
without need of such investigation provided an
inquest has been conducted in accordance with
existing Rules. In absence or availability of an
inquest prosecutor, the complaint may be filed
by the offended party or a peace officer with
the proper court on the basis of the affidavit of
the offended party or arresting officer or
person.
Maam said: Within the 12-18-36 period, the prosecutor
must conduct an inquest proceeding. The fiscal then files
the information in court. If a person asks for a
preliminary investigation, he waives his rights under to
Article 125 and he will be detained.
Detention under RA 9372
Period is 3 days counted from moment charged
or suspected person (of terrorism or conspiracy
to commit terrorism) has been apprehended or
arrested, detained, and taken into custody by
police, law enforcement personnel, without
said personnel incurring criminal liability for
delay in delivery.
Judge must be notified before suspected
terrorist is detained
o Any judge at the latters residence or
office nearest the arrest at any time of
day or night
o Penalty: 10 years, 1 day to 12 years
imprisonment
Period of detention in event of actual or
imminent terrorist attack: not more than 3 days
without written approval of a municipal, city,
provincial or regional office of a Human Rights
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 Commission or judge of the municipal, RTC,
Sandiganbayan, Justice of CA nearest the arrest.
o If arrest made on Saturdays, Sundays,
holidays, or after office hours, arresting
personnel brings arrested person to
residence of abovementioned officers.
o Approval in writing must be secured
within 5 days after date of detention
o Within 3 days after detention, suspects
connection with terror attack/threats is
not established, they will be released
immediately
o Penalty for failure to deliver within 3
days: 10 years, 1 day to 12 years
imprisonment
Case: People vs Ng Yik Bun
Facts: Police operatives, after receiving information of
possible contraband shipment, proceeded to observe
the on-goings of the resort. They spotted chinese-
looking men loading bags containing a white substance
into a white van. When the operatives were noticed,
they identified themselves and asked accused Hwan
what they were loading on the van. He replied that it
was shabu and pointed to accused Tan as the leader.
Subsequently, they were arrested and bags of
suspected shabu were then confiscated. Accused
contend that an illegal search was conducted and that
the seizure of any evidence is inadmissible to court.
Issue: Whether there was a valid warrantless search.
Ruling: An exception to warrantless arrest, search and
seizure is that if the arrest made during the commission
of a crime. Such warrantless arrest is considered
reasonable and valid under Rule 113, Sec 5(a) of Revised
Rules on Criminal Procedure:
Arrest without warrant; when lawful. A peace officer
or a private person may, without a warrant, arrest a
person: (a) When, in his presence, the person to be
arrested has committed, is actually committing, or is
attempting to commit an offense
The foregoing proviso refers to arrest in flagrante
delicto. In the instant case, contrary to accused-
Criminal Law 2 Reviewer SULaw 2019
appellants contention, there was indeed a valid
warrantless arrest in flagrante delicto.
Article 126: Delaying release
Penalty: same in 124
Elements:
1. Offender is a public officer or employee
2. There is a:
a. Judicial or executive order to release a
prisoner; OR
b. There is a proceeding upon petition for the
liberation of such person.
3. Offender, without good reason, delays
a. performance of a judicial or executive order
for release of a prisoner
b. the service of notice of such order to said
prisoner
c. the proceedings upon any petition for the
liberation of such person.
Wardens and jailers are the usual offenders of this Article.
Note: All notices the accused must be furnished with a copy
Expulsion
Article 127: Expulsion
Penalty: prision correccional
Elements:
1. Offender is a public officer
2. He either
a. Expels any person from the Philippines
b. Compels a person to change his residence
3. He is not authorized to do so by law
Only a court by final judgement can order a person to change
his residence. This is illustrated in ejectment proceedings,
expropriation proceedings, and destierro.
Exception: President deportation; Court Destierro,
expropriation
Violation of Domicile
Article 128: Violation of domicile
Penalty: prision correccional minimum; if nighttime, or if
effects not constituting evidence not returned after search
prision correccional medium and max
Elements:
1. Offender is a public officer or employee.
2. He is not authorized by judicial order
a. To enter any dwelling against the will of the owner
thereof; or
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 b. To search papers or other effects found therein
without the previous consent of such owner; or
c. He refuses to leave premises after having
surreptitiously entered said dwelling and afer
having been required to leave the same
Maam said: This does not presuppose the existence of a
search warrant. Pwede naa, pwede wala in case of lawful
warrantless searches.
If offender is a private individual, he is liable under Article 280
trespass to dwelling.
Opposition or prohibition by owner of dwelling may be
expressed or implied.
Officer has right to break into building or enclosure to make
an arrest, by virtue of a warrant (or if case falls within a lawful
warrantless arrest), where the person to be arrested is or is
reasonably believed to be, if officer is refused admittance
thereto, after announcing his authority and purpose (Sec 11,
Rule 113, RRPC).
A peace officer without a search warrant cannot lawfully
enter the dwelling against the will of owner, even if he knew
that someone in the dwelling is having unlawful possession of
opium. NO AMOUNT OF INCRIMINATING EVIDENCE,
WHATEVER ITS SOURCE, WILL SUPPLY THE PLACE OF A
SEARCH WARRANT.
Silence of owner of dwelling before and during the search,
without a search warrant, by a public officer, may show
implied waiver.
Exceptions to warrant requirements:
Search incidental to a lawful arrest
Search of moving vehicles
Evidence in plain view
Stop and frisk
Customs searches
Consented warrantless searches
Article 129: Search warrants obtained and abuse in the
service of those legally obtained
Penalty: In addition to liability from commission of any other
offense (e.g. perjury), arresto mayor max to prision
correccional min AND a fine not exceeding 1k
Acts punishable:
1. Procuring a search warrant without just cause
2. Exceeding authority or by using necessary severity in
executing search warrant legally procured
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Maam said: This presupposes that there is a search warrant
either maliciously obtained, or legally procured.
Mode 1: Procuring a search warrant without just cause
Elements:
1. Offender is a public officer or employee
2. He procures a search warrant
3. There is no just cause
Mode 2: Exceeding authority or by using necessary severity in
executing search warrant legally procured
Elements:
1. Offender is a public officer or employee
2. He has legally procured a search warrant
3. He exceeds his authority or uses unnecessary
severity in executing the same
Search warrant an order in writing issued in the name of
the People of the Philippines, signed by a judge and directed
to a peace officer, commanding him to search for personal
property described therein and bring it before the court.
Requisites for issuance: Upon probable cause in connection
with one specific offense to be determined personally by the
judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the
things to be seized which may be anywhere in the
Philippines.
Validity of warrant: 10 days
Property to be seized:
Subject of the offense;
Stolen or embezzled and other proceeds or fruits of
the offense; or
Used or intended to be used as means of committing
an offense
Officer seizing property under the warrant must give a
detailed receipt for the same to the lawful occupant of the
premises, or leave a receipt in place where property was
found (in presence of witnesses)
Witnesses:
1. Lawful occupant or any member of his family
2. Or in the absence of the latter, TWO WITNESSES of
sufficient age and residing in the same locality
Evidence obtained in violation of Section 2 and 3 of Article III,
Consti, are fruits of a poisonous tree and are thus
inadmissible.
Page 12
Article 130: Searching domicile without witnesses
Penalty: arresto mayor med and max
Elements:
1. Offender is a public officer or employee
2. Armed with a legally procured search warrant
3. Searches domicile, papers, or other belonging of any
person
4. No witness present
a. owner, or any member of his family;
b. two witnesses residing in the same locality
Maam said: Normally they used elected officials like the
barangay captain.
Article 130 does not apply to searchers of vehicles or other
means of transportation, because searches are not made in
the dwelling. (Maam: unless of course you live in your car.
Take note, dwelling.)
Prohibition, interruption, and dissolution of peaceful
meetings
Article 131: Prohibition, interruption, and dissolution
of peaceful meetings
Penalty: prision correccional min
Elements:
1. Offender is a public officer or employee
2. He performs any of the ff:
a. Prohibiting or interrupting, without legal ground,
the holding of a peaceful meeting, or by dissolving
the same;
b. Hindering any person from joining any lawful
association or from attending any of its meetings;
c. 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 offender is a private individual, crime is disturbance of
public order under Article 153.
Right to peaceful meeting not absolute and may be regulated;
is subject to police power of the State.
Offender must be a stranger, not a member/ participant, in
the peaceful meeting.
Note: Reasonable ground that the danger apprehended is
imminent and that the evil to be prevented is a serious one.
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Crimes against Religious Worship
Article 132: Interruption of religious worship
Penalty: prision correccional min; prision correccional med
and max if with violence or threats
Elements:
1. Offender is a public officer or employee
2. Religious ceremonies or manifestations of any
religion are about to take place
3. Offender prevents or disturbs
Article 133: Offending the religious feelings
Penalty: arresto mayor max to prision correccional min
Elements:
1. Acts complained of were performed:
a. Ina place devoted to religious worship; OR
b. During celebration of any religious
ceremony
2. Acts are notoriously offensive to the feelings of the
faithful
Religious Ceremony religious acts performed outside of a
church
Maam said: Quasi-religious ceremonies like commemoration
of death are not religious ceremonies.
Acts must be directed against religious practices or
dogma or ritual for the purpose of ridicule or
attempting to damage an object of religious veneration.
There must be intent to hurt the feelings of the faithful.
Maam, said: The act must be offensive from the point
of view of any religion, otherwise, it is unjust vexation.
Article 134. Rebellion or insurrection
Elements:
(1) That there be a public uprising and taking arms
against the government;
(2) That the purpose of the uprising or movement is:
A. To remove from the allegiance to the
government or its laws: (1) the Philippine
territory or any part thereof, (2) or any body of land,
naval, or other armed forces; or
B. To deprive the Chief Executive or Congress,
wholly or partially, of any of their powers or
prerogatives
Rebellion is . . .
A crime of masses, of a multitude
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 A vast movement of men and a complex
net of intrigues
SEC. 3. Terrorism - Any person who commits an act
A crime against public order
punishable under any of the following provisions of the
Revised Penal Code:
REBELLION INSURRECTION
a) Article 122 (Piracy in General and Mutiny in
The object of the movement More commonly employed the High Seas or in the Philippine Waters);
is completely to overthrow b) Article 134 (Rebellion or Insurrection);
in reference to a
c) Article 134-a (Coup d' Etat), including acts
and supersede the existing movement which seeks committed by private persons;
government merely to effect some d) Article 248 (Murder);
change of minor e) Article 267 (Kidnapping and Serious Illegal
importance, or to prevent Detention);
the exercise of f) Article 324 (Crimes Involving Destruction), or
governmental authority under
a. Presidential Decree No. 1613 (The Law on
with respect to particular
Arson);
matters or subject b. Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of
1990);
REMEMBER: c. Republic Act No. 5207, (Atomic Energy
Regulatory and Liability Act of 1968);
There is no complex crime of rebellion with murder d. Republic Act No. 6235 (Anti-Hijacking Law);
and other common crimes. Acts committed in e. Presidential Decree No. 532 (Anti-Piracy and
furtherance of rebellion though crimes in themselves Anti-Highway Robbery Law of 1974); and,
are deemed absorbed in one single crime of f. Presidential Decree No. 1866, as amended
(Decree Codifying the Laws on Illegal and
rebellion. [Enrile vs. Amin (1990)] Unlawful Possession, Manufacture, Dealing in,
Purpose of uprising must be shown Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
Actual clash of arms with the forces of the
Government, not necessary to convict the accused thereby sowing and creating a condition of
widespread and extraordinary fear and panic
who is in conspiracy with others actually taking arms
among the populace, in order to coerce the
against the Government. Thus, the mere fact that
government to give in to an unlawful demand shall
the accused knowingly identified himself with the
be guilty of the crime of terrorism and shall suffer
Huk organization that was openly fighting to the penalty of forty (40) years of imprisonment,
overthrow the Government was enough to make him without the benefit of parole as provided for under
guilty of the crime of rebellion. Act No. 4103, otherwise known as the
Indeterminate Sentence Law, as amended.
Giving aid and comfort is NOT criminal in rebellion
[Maam: Take note (40 years imprisonment)]
It is not necessary that the purpose of the rebellion Terrorism RA 9372
be accomplished

No crime of misprision of rebellion

Rebellion is not covered by Art. 2 on extraterritorial nd

jurisdiction [Maam: Remember (RA 10591 Sec 29 2 par)]

Rebellion is considered as Terrorism (Republic Act Section 29. Use of Loose Firearm in the Commission of a
No. 9372 or Human Security Act of 2007) Crime ... xxx

Prosecution under RA 9372 shall be a bar to another If the violation of this Act is in furtherance of, or incident to,
prosecution under the RPC or any SPL. xxx The or in connection with the crime of rebellion of insurrection, or
acquittal of the accused or the dismissal of the case attempted coup d etat, such violation shall be absorbed as an
shall be a bar to another prosecution for any offense element of the crime of rebellion or insurrection, or
or felony which is necessarily included in the offense attempted coup d etat.
charged under this Act. (Sec 49)

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Cases:
Enrile vs Salazar
G.R. No. 92163, June 5, 1990
Facts:
Sen. Enrile was arrested through a warrant issued by
Judge Salazar. Enrile and others were charged with the crime
of rebellion with murder and multiple frustrated murder,
committed during the period of failed coup attempt. He was
taken and held overnight at the NBI headquarters. Next day,
he was brought to Camp Karingal in Quezon City and on the
same day, Enrile, through counsel, filed a petition for habeas
corpus, alleging that he was deprived of his constitutional
rights.
Issue:
Whether or not complex crime is present in this case?
Ruling:
No. It is evident to us that the policy of our statutes
on rebellion is to consider all acts committed in furtherance
thereof as specified in Articles 134 and 135 of the Revised:
Penal Code as constituting only one crime, punishable with
one single penalty namely, that prescribed in said Article
135. Inasmuch as the acts specified in said Article 135
constitute, we repeat, one single crime, it follows necessarily
that said acts offer no occasion for the application of Article
48, which requires therefor the commission of, at least, two
crimes. Hence, this court has never in the past, convicted any
person of the complex crime of rebellion with murder.
(Needless to say, a mere participant in the rebellion, who is
not a public officer, should not be placed at a more
disadvantageous position than the promoters, maintainers or
leaders of the movement, or the public officers who join the
same, insofar as the application of Article 48 is concerned.)

Held: PERSONS LIABLE PENALTY

No. There is no complex crime on rebellion with A. The leader
murder, arson, robbery, or other common crimes. Such a.) Any person who
common offenses are absorbed or inherent in the crime of promotes, maintains or a. Reclusion
rebellion. Hernandez doctrine prohibits complexing of heads a rebellion or Perpetua
rebellion with any other offense committed on the occasion
insurrection; or
thereof, either as a means necessary to its commission or as
b.) Any person who leads, b. Reclusion
an unintended effect of an activity that constitutes rebellion.
directs or commands Perpetua
People vs Hernandez others to undertake a coup
G.R. Nos. L-6025-26. July 18, 1956 d'etat;

Facts:
Amado Hernandez et al were charged Rebellion with
Multiple Murder, Arsons and Robberies. He is a member of
the Communist Party of the Philippines and held the position
of President of the Congress of Labor Organizations an active
agency, organ, and instrumentality of the Communist Party of
the Philippines (P.K.P.) and had close connections with the
Secretariat of the Communist Party. Evidence was also
received by the court that Hernandez made various speeches
encouraging the people to join in the Huk movement in the
provinces, the "Hukbalahaps" (HUKS), being the armed forces
of said Communist Party of the Philippines.
The Hukbalahaps have risen publicly and taken
arms commit the crime of rebellion and in furtherance
thereof, committed acts of murder, pillage, looting, plunder,
arson, and planned destruction of private and public property
to create and spread chaos, disorder, terror, and fear so as to
facilitate the accomplishment of the aforesaid purpose.
Issue:
Can the crime of rebellion be complexed with murder and
other common crimes?
Article 134-A. Coup d'etat
Elements:
(1) Offender is a person or persons belonging to the
military or police or holding any public office or
employment;
(2) It is committed by means of a swift attack
accompanied by violence, intimidation, threat,
strategy or stealth;
(3) The attack is 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;
(4) The purpose of the attack is to seize or diminish
state power.

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Persons who may commit coup detat:
(1) It may be committed singly or collectively.
(2) Requires as a principal offender a member of the
AFP, PNP, or a public officer with or without civilian
support
The crime of coup detat may be committed with
or without civilian participation.
Can be considered as Terrorism
Mere silence or omission is not punishable in
rebellion. [US vs. Ravidas]
Article 136. Conspiracy and proposal to commit coup
d'etat, rebellion or insurrection.
Mode 1: Conspiracy to commit coup dtat, rebellion or
insurrection
Elements:

Article 135. Penalty for rebellion, insurrection or coup (1) Two or more persons come to an agreement to
d'etat. swiftly attack or to rise publicly and take arms against the
Government for any of the purposes of rebellion or
Persons liable for rebellion, insurrection or coup d'etat: insurrection;

B. The participants (2) They decide to commit it.

a.) Any person who Mode 2: Proposal to commit coup dtat, rebellion or
participates or executes a. Reclusion Temporal insurrection
the commands of others in
rebellion or insurrection; b. Reclusion Temporal in Elements:
b.) Any person in the maximum period (1) A person has decided to swiftly attack or to rise
government service who publicly and take arms against the Government for any of the
participates or executes c. Prision mayor in purposes of rebellion or insurrection;
directions or commands of maximum period
others in undertaking a (2) Such person proposes its execution to some other
person or persons.
coup detat;
c.) Any person not in the Organizing a group of soldiers, soliciting membership in,
government service who and soliciting funds from the people for, the organization,
participates, supports, show conspiracy to overthrow the Government.
finances, abets or aids in
[Maam: Please memorize]
undertaking a coup d'etat
There is conspiracy to commit rebellion when two or more
persons come to an agreement to rise publicly and take
arms against the Government for any of the purposes of
[Came out in the quiz] rebellion and decide to commit it.
If under the command of unknown leaders, any
person who directed the others, spoke for them, There is proposal to commit rebellion when the person
signed receipts and other documents issued in who has decided to rise publicly and take arms against the
their name on behalf of the rebels shall be deemed Government for any of the purposes of rebellion proposes
a leader. its execution to some other person or persons

OFFENSE
NOTE:
Conspiracy and proposal to
It is not a defense in rebellion that the accused commit coup detat
never took the oath of allegiance to, or that they Conspiracy and proposal to
never recognized the Government. [US vs. del commit rebellion
Rosario]
Conspiracy and proposal to
PENALTY
Prision mayor in min. and a
fine less than 8,000
Prision correccional in max.
and fine below 5,000
Prision correccional in med.
and fine below 2,000

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commit insurrection [Maam: Remember this.]

PROPOSAL TO COMMIT
INCITING TO REBELLION
REBELLION
Article 137. Disloyalty of public officers or employees.
The offender induces another commit rebellion.
Elements: [Maam: Please memorize this] The person who proposes It is not required that the
has decided to commit offender has decided to
(1) Offender is a public officer or employee; rebellion. commit.
The person uses secret
(2) Offender commits any of the following acts: The act is done publicly.
means.
a. Failing to resist a rebellion by all the means in
their power; PENALTY: Prision Mayor in its minimum period
b. Continuing to discharge the duties of their offices Article 139. Sedition
under the control of the rebels
Elements:
c. Accepting appointment to office under them.
1. Offenders rise publicly
The offender must be a public officer or employee to be
liable under this article 2. Rising is done tumultuously (The disturbance or
interruption that is caused by more than 3 persons
There must be actual rebellion to be resisted or, at least, who are armed or provided by means of violence
the place is under the control of the rebels. ART. 153)
The public officer or employee who performs any of the 3. THAT nos. 1 & 2 are means to attain ANY of the ff:
acts of disloyalty must not be in conspiracy with the officers,
otherwise he will be guilty of rebellion, not merely disloyalty, a. Prevent promulgation or execution of any
because in conspiracy the act of one is the act of all. law, or holding of any popular election

PENALTY: Prision Correccional in its minimum period b. Prevent National Govnt, or any provincial
or municipal gov., or any public officer from
Article 138. Inciting a rebellion or insurrection. free exercise of public functions or
Elements: administrative order

(1) Offender does not take arms or is not in open
hostility against the government; c.
(2) He incites others to the execution of any of the
acts of rebellion;
(3) The inciting is done by means of speeches, d.
proclamations, writings, emblems, banners or
other representations tending to the same end.
Rebellion should not be actually committed by the persons
to whom it is proposed or who are incited. Otherwise, they e.
become principals by inducement in the crime of rebellion,
provided that the requisites of RPC Art 17 p2 are present.
GENERAL SENSE:
i. PEOPLE V TAHIL & TARSON
Inflict hate of revenge upon the person or
property of any public officer or employee
i. PEOPLE V CABRERA
Commit any act of hate or revenge against
private persons or any social class
i. US V LAPUS
Despoil any person, municipality, province
or National Govnt of all its property

- Raising of commotions or disturbances in the State;

violating or endangering public peace

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 SEDITION Vs REBELLION Article 141. Conspiracy to commit Sedition
There must be public uprising - An agreement and a decision to rise publicly and
tumultuously to attain any of the objects of sedition.
Sufficient that public uprising Taking up of arms against
is tumultuous the government - THERE IS NO PROPOSAL TO COMMIT SEDITION (such
is not punishable)
Purpose is political or social Always political
An agreement and a decision to attain an obeject of
Not exactly against Doing things defined in ART. sedition without any agreement to rise publicly and
government 134 tumultuously is not conspiracy to commit sedition but
conspiracy to commit direct assault of the first form.(Art.148)

PENALTY: Prision Correccional in its minimum period and a

SEDITION V TREASON fine not exceeding 2,000 pesos

Raising of commotions or Violation of his allegiance to Article 142. Inciting to Sedition

disturbances in the State his sovereign/State
Different acts:
(committed by at least 4
1. Means of speeches, proclamations, writings,
armed persons)
emblems, et cetera
Merely to attain by force,
2. Seditious words or speeches which tend to disturb
intimidation, or any
public peace
unlawful means those
mentioned in the third 3. Writing, publishing or circulation scurrilous (low,
element vulgar, mean or foul) libels tending to disturb public
peace

Elements:
Case: PEOPLE V UMALI
1. Offender does not take direct part in the crime of
Held: crime committed was sedition, not rebellion. The
sedition
purpose of the raid was not exactly against the Government.
Raiders did not even attack the Presidencia. The crime was 2. Incites others to its accomplishment
only to inflict an act of hate or revenge upon Punzalan, mayor
3. By means of speeches, proclamations, writings,
of Tiaong.
emblems, cartoons, banners, other representations
NO SEDITION IF: (SPWECBO)

NO PUBLIC UPRISING PROVE: Defendant incited people to RISE PUBLICLY and

NO OBJECT OF SEDITION (no sedition if purpose of attack is
unknown)
COMMON CRIMES ARE NOT ABSORBED IN SEDITION (People
v Umali, People v Cabrera)
TUMULTUOUSLY, otherwise, it is not inciting to sedition.
The law is not aimed merely at ACTUAL DISTURBANCE but
ALSO TO PUNISH UTTERANCES which may ENDAGER PUBLIC
ORDER, or those which are conducive to the destruction of
the government itself. Result or success is not necessary.

WORDS PUNISHABLE WHEN:

Article 140. Penalty for Sedition
Leader: prision mayor (min) and fine not exceeding P10,000
Other persons participating: prision correccional (max) and
fine not exceeding P5,000
- Tend to disturb or obstruct any lawful officer
- Tend to instigate others
- Suggest or incite rebellious conspiracies
- Tend to stir up the people against lawful authorities

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 - NOTE: a theatrical play or drama is no exception if it ARTICLE 145
produces these mentioned above.
VIOLATION OF PARLIAMENTARY IMMUNITY
KNOWLINGLY CONCELING SUCH EVIL PRACTCES: punished as
a principal, even if it is an act of the accessory. MODE 1

TWO RULES RELATIVE TO SEDITIOUS WORDS: Elements:

Clear and Present Danger Rule 1. Offender (any person) uses force, intimidation,
threats or fraud
- Reasonable ground
2. Purpose is to prevent any member from
- Serious injury to the State
a. Attending the meetings
- Both clear and imminent
b. Expressing his/her opinions
- Danger is not only probably but also likely inevitable
c. Casting his vote
The Dangerous Tendency Rule
NOTE: not necessary that member is actually prevented;
- Easily produce disaffection against Government and sufficient there is force, intimidation, threats, frauds, &
the laws purpose
CRIMES AGAINST POPULAR REPRESENTATION (Articles MODE 2
143-145)
Elements:
ARTICLE 143
1. Offender is a public officer or employee
ACTS TENDING TO PREVENT THE MEETING OF THE
2. He/she arrests or searches any member of the
NATIONAL ASSEMBLY AND SIMILAR BODIES
National Assembly
Elements:
3. AT THAT TIME Assembly is in regular or special
1. There be a projected or actual meeting session

2. Any person who prevents such meeting by force or 4. That member arrested or searched has NOT
fraud committed a crime with penalty higher than prision
mayor
ARTICLE 144
PARLIAMENTARY IMMUNITY
DISTURBANCE OF PROCEEDINGS
- Guarantees the legislator complete freedom of
Elements: expression without fear of being made responsible in
criminal or civil actions before the courts or any
1. There be a meeting of the National Assembly or any
other forum outside the Congressional Hall, but does
similar body
not protect him from responsibility before legislative
2. Offender disturbs such meeting OR behaves while in body for discipline.
the presence of such bodies in such manner that
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
INTERRUPTS its proceedings or IMPAIRS the respect
due it. ARTICLE 146 - ILLEGAL ASSEMBLIES
NOTE: it must be a meeting of a legislative body, or of Requisites:
provincial board or municipal council or board; unjust
vexation (People v Calera) MODE 1

NOTE 2.0: not among those that may not be prosecuted de 1. There is a meeting, a gathering, or group of persons
oficio. Thus a complaint may be filed by a member of whether in a fixed place or moving
legislative body.
2. Meeting is attended by armed persons

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 3. Purpose is to commit any of crimes punishable under
the RPC Illegal Assembly Illegal Association

MODE 2 1. There must be an 1. Actual meeting

actual meeting or not necessary
1. There is a meeting, a gathering or group of persons assembly 2. What is punished
whether in a fixed place or moving 2. What is punished is the act of forming
are the meetings and or organizing the
2. Audience, whether armed or not is INCITED to attendance therein association
commit the crime of TREASON, REBELLION OR 3. Persons liable: 3. Persons liable:
INSURRECTION, SEDITION OR DIRECT ASSAULT Organizers or Founders,
(TRISDA) leaders of the meeting directors, president
Persons present The members
NOTE: Persons present during the meeting must be armed,
but not necessarily ALL; at least 4 (for MODE 1) An unarmed
person MERELY PRESENT is liable (MODE 1) PENALTY:

Persons liable: 1. For founders, directors, and presidents of

associations
- ORGANIZERS OR LEADERS
- Prision Correccional in its minimum & medium
- PERSONS MERELY PRESENT periods and a fine not exceeding 1,000

An ILLEGAL ASSEMBLY is a felony. Persons present must have 2. Mere members Arresto mayor
common intent to commit the felony of the illegal assembly.

NOTE: if a person is present out of curiosity, he is not liable. Article 148. Direct Assault
REMEMBER (Maam Bendanillo side comment): in criminal
MODE 1 MODE 2
cases, intent is material.

NOTE 2.0: carrying an unlicensed firearm is indicative of Without public uprising, by
unlawful intent employing force or
intimidation for the
Article 147. Illegal Associations attainment of any of the
What are illegal associations? purposes enumerated in
defining the crimes of
1. Associations totally or partially organized for the rebellion and sedition
purpose of committing any of the crimes punishable
under the code Tantamount to rebellion or
sedition, except that there is
2. Associations totally or partially organized for some no public uprising
purpose contrary to public morals
Without public uprising, by
attacking, by employing force
or by seriously intimidating
or by seriously resisting any
person in authority or any of
his agents while engaged in
the performance of official
duties or on occasion of such
performance.

Who are liable?

Assault is qualified when:
1. Founders, directors and president of the
association 1. There is a weapon employed in the attack
2. The offender is a public officer
2. Mere members of the association
3. The offender lays hands on a public authority

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WHO IS 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.
Teachers, professors and persons in charged
with the supervision of public, private or duly
recognized private schools, colleges and
universities shall be deemed persons in authority.
Article 150. Disobedience to summons issued by the
National Assembly, its committees or subcommittees,
by the Constitutional Commissions, its committees,
subcommittees or divisions
Acts punished as disobedience
Mode 1 By refusing, without legal excuse, to obey summons
of the National Assembly, its special or standing committees
and subcommittees, the Constitutional commissions and its
committees, subcommittees or divisions, or by any
commission or committee chairman or member authorize to
summon witnesses

REMEMBER!!! Mode 2 By refusing to be sworn or placed under affirmation

while being before such legislative or constitutional body or
The force employed need not be serious when the official
offended party is a person in authority
Mode 3 By refusing to answer any legal inquiry or to produce
Intimidation or resistance must be serious whether the any books, papers, documents, or records in his possession,
offended party is a person in authority OR an agent of a when required by them to do so in the exercise of their
person in authority function
There must be an intent to disregard the victims rank Mode 4 By restraining another from attending as a witness in
such legislative or constitutional body
The crime of slight physical injuries is absorbed in direct
assault Mode 5 By inducing disobedience to a summons or refusal to
be sworn by any such body or official
Article 149. Indirect Assault
The testimony of a person summoned must be upon
Elements:
matters into which the legislature has jurisdiction to inquire
1. A person in authority or his agent is the victim of any
of the forms of direct assault defined in Art.148
2. A person comes to the aid of such authority or his
agent
3. Offender makes use of force or intimidation upon such
person coming to the aid of the authority or his agent
4. INDIRECT ASSAULT CAN ONLY BE COMMITTED WHEN
A DIRECT ASSULT IS COMMITTED
5. WHO IS AN AGENT OF A PERSON IN AUTHORITY?

An agent of a person in authority 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

[Maam: remember this] Any persons who comes to

the aid of persons in authority

Examples: Policeman, municipal treasurer, postmaster, rural

policeman, sheriff, Malacanang confidential agent, Barangay
Chief tanod

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Article 151. Resistance and Disobedience to a person in
authority or the agents of such persons
Ex.
Mode 1: Resistance and Mode 2. Simple disobedience
1. The Ex.
serious disobedience municipal
mayor 1. Policeman
Elements: Elements: 2. Municipal treasurer
2. Division
superintende 3. Postmaster
1. A person in authority or 1. An agent of a person in
nt of schools 4. Rural policeman
his agent is engaged in the authority is engaged in
3. Public and 5. Sheriff,
performance of official the performance of
private 6. Malacanang
duty or gives a lawful official duty or gives a
school confidential agent,
order to the offender lawful order to the
teachers 7. Barangay Chief
2. Offender resists or offender
4. Teacher- tanod
seriously disobeys such 2. Offender disobeys such
person in authority or his agent of a person in nurse
agent authority 5. President of
3. The act of the offender is 3. Such disobedience is not sanitary
not included in the of a serious nature division
provision of Articles 148, 6. Provincial
149, 150. fiscal
The accused must have In simple disobedience, the 7. Justice of the
knowledge that the person offended party must be only peace
giving the order is a peace an agent of a person in 8. Municipal
officer authority. The order must be councilor
lawful. The disobedience 9. Barrio
The disobedience should not be of a serious captain and
contemplated consists in the nature. barangay
failure or refusal to obey a chairman
direct order from the
authority or his agent

Article 152. Persons in authority and agents of persons

in authority
Public officer, persons in authority and agents off persons in
authority distinguished:

Public Officer Persons in Agents of a person in

Authority authority

Any person who Any person Any person who, by

takes part in the directly vested direct provision of law
performance of with or by election or by
public functions jurisdiction, appointment by a
in the whether as an competent authority is
government individual or as charged with the
a member of maintenance of public
some court or order and the
governmental protection and security
corporation, of life and property
board or
commission

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ARTICLE 153 - TUMULTS AND OTHER DISTURBANCES act punished by law, by the same means or by words,
OF PUBLIC ORDER utterances or speeches;

Mode 1: Causing any serious disturbance in a public place,
office or establishment;
Mode 2: Interrupting or disturbing performances, functions
or gatherings, peaceful meetings, if the act is not included
in Arts. 131 and 132;
Mode 3: Making any outcry tending to incite rebellion
or sedition in any meeting, association or public place;
Mode 4 Displaying placards or emblems which provoke a
disturbance of public order in such place;
Mode 5: Burying with pomp the body of a person who has
been legally executed
Mode 3: Maliciously publishing or causing to be published
any official document or resolution without proper
authority, or before they have been published officially
Mode 4: 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.
Note: To be liable, the offender must know that the news is
false.
Actual public disorder or actual damage to the credit of the
State is not necessary. The mere possibility of causing such
danger or damage is sufficient.

Note: Serious disturbance must be planned or intended ARTICLE 155 - ALARMS AND SCANDALS
Important! - Definition of tumultuous: If caused by Mode 1: Discharging any firearm, rocket,
more than 3 persons who are armed or provided with firecracker, or other explosive within any town or public
the means of violence place, calculated to cause (which produces) alarm or danger;

Art 131 Art 153 NOTE: Any place in the town

Public Officer is not a Public officer is a participant Mode 2: Instigating or taking an active part in any charivari
participant in the meeting or other disorderly meeting offensive to another or
prejudicial to public tranquility;

Definition of charivari: includes a medley of discordant

Outcry or displaying of emblems voices, a mock serenade of discordant noises made on
kettles, tin, horns, etc. designed to annoy or insult
Considered Inciting to Considered Public disorder
rebellion or sedition Mode 3: Disturbing the public peace while wandering
about at night or while engaged in any other nocturnal
Offender should have done Merely unconscious
amusements;
the act with the idea outburst; not intentionally
beforehand of inducing calculated to induce others Mode 4: Causing any disturbances or scandal in public places
readers to commit rebellion to commit rebellion or while intoxicated or otherwise, provided Art. 153 is
or sedition sedition not applicable.

NOTE: Calculated to cause should be which

produces alarm and danger according to the correct
ARTICLE 154 - UNLAWFUL USE OF MEANS translation of the RPC. Hence, the result, and not the intent,
OF PUBLICATION AND UNLAWFUL UTTERANCES that counts.
Mode 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.

Mode 2. Encouraging disobedience to the law or to the

constituted authorities or praising, justifying or extolling any

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ARTICLE 156 - DELIVERING PRISONERS FROM JAIL
Elements:
(1) There is a person confined in a jail or penal
establishment;
(2) Offender removes therefrom such person, or helps the
escape of such person.
Note: For a detention prisoner to be liable, he must have
knowledge of the plan to remove him from jail and he
cooperates (principal by indispensable cooperation)
Note: Offender is usually an outsider. The violation of
Article 156 is committed by a public officer when he is not
the custodian of the prisoner at the time the prisoner
was made to escape. If the offender is a public officer
who had the prisoner in his custody or charge, he is liable
for infidelity in the custody of a prisoner under Article 223.
Note: Bribery here is offender offered to warden
CHAPTER VI - EVASION OF SERVICE OF SENTENCE
Three kinds:
1) Evasion by escaping during the term of his sentence. (Art
157)
2) Evasion on the occasion of disorders. (Art 158)
3) Other cases of evasion by violating the conditions of
conditional pardon. (Art 159)
ARTICLE 157 - EVASION OF SERVICE OF SENTENCE
Elements:
(1) Offender is a convict by final judgment;
(2) He is serving sentence which consists in
deprivation of liberty;
(3) He evades service of his sentence by escaping during the
term of his imprisonment.
Qualifying circumstances as to penalty imposed if such
evasion or escape takes place:
(1) By means of unlawful entry (this should be by scaling -
Reyes);
(2) By breaking doors, windows, gates, walls, roofs or floors;
(3) By using picklock, false keys, disguise, deceit, violence or
intimidation; or
(4) Through connivance with other convicts or employees
of the penal institution.
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Evasion of service of sentence has three forms:
(1) By simply leaving or escaping from the penal
establishment under Article 157;
(2) Failure to return within 48 hours after having left the
penal establishment because of a calamity, conflagration
or mutiny and such calamity, conflagration or mutiny has
been announced as already passed under Article 158;
(3) Violating the condition of conditional pardon under
Article 159.
In leaving or escaping from jail or prison, that the prisoner
immediately returned is immaterial. It may be mitigating, but
it will not absolve his criminal liability.
Not applicable to sentence executed by deportation because
the convict was not sentenced to imprisonment and
thereafter broke jail.
Not applicable to sentence of destierro since Article 157
refers only to persons who are imprisoned in a penal
institution and completely deprived of their liberty.
Maam Benda: Art 157 is not a qualifying circumstance (1
degree higher), rather, it is a special aggravating circumstance
(max period)
ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON
THE OCCASION OF DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
Elements:
(1) Offender is a convict by final judgment, who is confined
in a penal institution;
the (2) There is disorder, resulting from
(a) conflagration; (b) earthquake; (c) explosion; (d) similar
catastrophe; or (e) mutiny in which he has not participated;
(3) He evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such
disorder or during the mutiny;
(4) He fails to give himself up to the authorities within 48
hours following the issuance of a proclamation by the
Chief Executive announcing the passing away of such
calamity.
Leaving the penal establishment is not the basis of criminal
liability. What is punished is the failure to return within 48
hours after the passing of the calamity, conflagration or
mutiny had been announced.
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NOTE: Par 3 Same with Par. 4 above

if he returns w/ in 48 hours, 1/5 of original R.A. 9372 Human Security Act

sentence deduction
if he did not return in 48 hrs, add 1/5 of Sec 3 Who are liable of terrorism:
remaining sentence (should not exceed 6 xxx
months)
b. Art 134 (Rebellion or sedition)
Mutiny an organized unlawful resistance to a superior
officer; a sedition; a revolt; (uprising of subordinate) c. Art 134-a (Coup d etat), including acts committed
by private persons
ARTICLE 159 - OTHER CASES OF EVASION OF SERVICE
OF SENTENCE xxx

Elements: thereby sowing and creating a condition of

widespread and extraordinary fear and panic among the
(1) Offender was a convict; populace, in order to coerce the government to give in to an
unlawful demand shall be guilty of terrorism without the
(2) He was granted a conditional pardon by the Chief
benefit of parole (which means ISL does not apply).
Executive;

(3) He violated any of the conditions of such pardon.

In violation of conditional pardon, as a rule, the violation

will amount to this crime only if the condition is violated
during the remaining period of the sentence.

Offender must be found guilty of subsequent offense before

he can be prosecuted under Article 159.

Violation of Conditional Evasion of Service of

Pardon Sentence

Does not cause harm or An attempt at least to

injury to the right of
another person nor does it
disturb the public order;
merely an infringement of
the stipulated terms in
conditional pardon
evade the penalty inflicted
by the courts upon
criminals and thus defeat
the purpose of the law of
either reforming or
punishing them for having
disturbed the public
order.

P.D. 1866 Illegal Possession of Firearms

Sec. 1 Unlawful manufacture, sale, acquisition possession

Par. 4 If the violation of this section is in furtherance of or

incident to, or in connection with the crime of rebellion or
insurrection, sedition, or attempted coup d etat, such
violation shall be absorbed as an element of the crime of
rebellion, or insurrection, sedition, or attempted coup d etat.

Sec 3 Unlawful Manufacture, Sale, Acquisition, Disposition

or Possession of Explosives

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ARTICLE 160 - QUASI RECIDIVISM
Elements:
(1) Offender was already convicted
judgment of one offense;
Note: The amending provision above simply means that if for
example an appeal was perfected and CA modifies that
decision making the penalty probationable, even if the crime
by final is an exemption of probation, the accused can still be able to
apply for probation.

(2) He committed a new felony before beginning to serve Before the amendment, the perfection of an appeal
such sentence or while serving the same. disqualifies one for probation.

Quasi-recidivism is a 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.

The first crime for which the offender is serving sentence

need not be a felony. [People vs. Peralta]

Note:

* Art. 160 is not a crime; it is a special aggravating

circumstance

Sec. 4, R.A. NO. 10707 (AN ACT AMENDING PD 968)

Amendment on the Probation Law

No application for probation shall be entertained or
granted if the defendant has perfected the appeal from the
judgment of conviction: Provided, That when a judgment of
conviction imposing a non-probationable penalty is appealed
or reviewed, and such judgment is modified through the
imposition of a probationable penalty, the defendant shall be
allowed to apply for probation based on the modified
decision before such decision becomes final.

The application for probation based on the modified

decision shall be filed in the trial court where the judgment of
conviction imposing a non-probationable penalty was
rendered, or in the trial court where such case has since been
reraffled. In a case involving several defendants where some
have taken further appeal, the other defendants may apply
for probation by submitting a written application and
attaching thereto a certified true copy of the judgment of
conviction.

The trial court shall, upon receipt of the application

filed, suspend the execution of the sentence imposed in the
judgment.

This notwithstanding, the accused shall lose the

benefit of probation should he seek a review of the modified
decision which already imposes a probationable penalty.

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Articles 161 Counterfeiting the great seal of the
Government of the Philippine Island, the signature or
stamp of the Chief Executive
Acts punished:
(1) Great Seal of the Government of the Philippines
(2) Signature of the President
(3) Stamp of the President
What is the Great Seal of the Republic of the
Philippines? (familiarize)
The Great Seal is circular in form, with arms consisting of
paleways of two pieces, azure and gules; a chief argent
studded with three golden stars equidistant from each other,
in point of honor, ovoid argent over the sun rayonnant with
eaight minor and lesser rays; in sinister base gules, the Lion
Rampant of Spain; in dexter base azure, the American eagle
displayed proper; and surrounding the whole is a double
marginal circle within which are the words Republic of the
Philippines
Custody and use of the Great Seal shall be and
remain in the custody of the President of the
Philippines
What if the signature of the president is forged, what
is the crime committed?
It is not falsification of public document. The crime
committed is covered by this provision falling under par.2(
signature of president)
Intent to use is necessary however actual use is not
required, as long as the forger intended to use it
Article 162 Using Forged Signature or Counterfeit
Seal or Stamp
Elements:
(1) The Great Seal of the Republic was counterfeited OR
the Signature or Stamp of the President was forged
by another person
(2) Offender knew of the counterfeiting or forgery
(3) He Used the counterfeit seal or forged signature or
stamp
REMEMBER!!! The offender should not be the one who
forged the great seal or signature of the president.
Otherwise, he will be penalized under Article 161
The act is that of an accessory but the penalty is only one
Article 163 - Making and Importing and Uttering False
degree lower instead of two degrees.
Coins
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Elements:
(1)There be False or counterfeited coins
(2)Offender either made, imported or uttered such coins
(3)In case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importers
Coin is a piece of metal stamped with certain marks and
made current at a certain value. It is false or counterfeited, if
it is forged or if it is not authorized by the Government as
legal tender, regardless of the intrinsic value
There is counterfeiting when a false coin is made. There must
be an imitation of the peculiar design of a genuine coin
To import fake coins means to ring them into port. The
importation is complete before entry at the Customs House
To utter is to pass counterfeited coins. It includes their
delivery or the act of giving them away. A counterfeited coin
is uttered when it is paid. Damage to another is not
necessary.
Kinds of coins the counterfeiting of which is punished:
a. Silver coin of the Philippines or coin of the Central
Bank of the Philippines(now BSP)
b. Coin of the minor coinage of the Philippines or of the
Central Bank of the Philippines (now BSP)
c. Coin of the currency of a foreign country
What are minor coins?
The coins below ten-centavo denomination are minor coins.
This provision penalizes the making, importing and
uttering of false coins whether of the Philippines or
of a foreign country because it is intended to protect
not only the coins legally minted in said countries,
but also the public in general
Article 164 Mutilation of coins
Acts punished:
1. Mutilating coins of the legal currency, with the
further requirement that there be intent to damage
or to defraud another
2. Importing or uttering such mutilated coins, with the
further requirement that there must be connivance
with the mutilator or importer in case of uttering
What is mutilation?
Mutilation means to take off part of the metal either by
filling it or substituting it for another metal of inferior quality.
Page 27
 It is indispensable that the mutilated coin be of legal iii. National bank notes
tender. The coin must be of the legal currency or iv. Coupons
current coins of the Philippines v. Treasury notes
Coins of foreign country not inclulded vi. Fractional notes
vii. Certificates of deposits
viii. Bills
ARTICLE 165 - Selling of false or mutilated coin ix. Checks (not included: commercial documents)
x. Drafts for money
Acts punished/Elements (in bold): xi. Other representatives of value
b. PAYABLE TO BEARER ownership is transferred to
1. Possession of coin, counterfeited or mutilated by another by mere delivery. It is expressed to be so
another person payable. Is also when it is payable to the order of a
Possession general: actual, physical, constructive fictitious or non-existing person with knowledge, when
possession, or subjection of thing to ones control. the name of the payee does not purport to be the
a. WITH INTENT TO UTTER name of any person, when the last or only
b. KNOWLEDGE THAT IT IS FALSE OR indorsement is an indorsement in blank.
MUTILATED 2. Importation of such
2. Actually uttering false or mutilated coin a. Means to bring them into the Philippines
a. KNOWLEDGE THAT IT IS FALSE OR 3. Uttering of such, in connivance with forgers or
MUTILATED importers
a. Means offering obligations or notes knowing they
Possession of or uttering false, counterfeited coin does not are false/forged WHETHER
need to be of legal tender. BUT if such coin is MUTILATED, it i. Accepted or not
must be legal tender coin because of ART. 164. ii. With a representation
iii. By words or actions
No connivance is necessary. False or mutilated coins in
iv. That are genuine
possession of importers, counterfeiters or mutilators is not a
v. With intent to defraud
separate offense (identified with counterfeiting, mutilation or
importation).
People v Balmores: accused convicted of complex crime of
Section 3: FORGING TREASAURY OR BANK NOTES, attempted estafa through falsification of an obligation or
OBLIGATIONS AND SECURITIES; IMPORTING AND UTTERING security, because he attempted to cash the ticket to alter as
FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES one with a prize winning number.

ARTICLE 166 - Forging treasury or bank notes or other ARTICLE 167 - Counterfeiting, importing, and uttering
documents payable to bearer; importing, and uttering instruments not payable to bearer
such false or forged notes and documents Elements:
Acts punished: 1. There be an instrument PAYABLE to order or other
document of credit NOT PAYABLE to bearer
1. Forging or falsification of treasury or bank notes, etc
a. Payable to bearer may be issued by a
payable to bearer
foreign government or bank
a. FORGING committed by giving to a treasury any
2. Either forged, imported, or uttered such
instrument payable to bearer or to order the
3. In case of uttering, there is connivance with the
appearance of a true and genuine document
forger or importer
b. FALSIFICATION committed by ESCA: erasing,
substituting, counterfeiting, or altering by any
People v Loteyro: falsification of US treasury warrants not
means: FLWS: figures, letters, words or signs
payable to bearer is punished under ART. 172, not 167.
contained therein
People v Esteban, et al: prosecution for uttering forged US
i. WHAT MAY BE FORGED OR FALSIFIED: treasury warrants was made under ART. 166.
1. Treasury or bank notes
2. Certificates
3. Other obligations and securities PAYABLE to bearer
a. OBLIGATION OR SECURITY:
i. Bonds
ii. Certificates of indebtedness

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ARTICLE 168 - Illegal possession and use of false
treasury or bank notes and other instruments of credit
Elements:
1. Any treasury, bank note, certificate or other
obligation and security PAYABLE TO BEARER, or any
instrument PAYABLE TO ORDER, or other document
of credit NOT PAYABLE TO BEARER ---- forged or
falsified by another person
2. With knowledge that these are forged or falsified
3. Either: using of such or possessing with intent to
use any of such
Intent to possess is not intent to use. Possession of
counterfeit US bills is punished under ART. 168, as
comprehended in, any of the false or falsified instruments
referred to in this section.
Intent to use is sufficient to consummate the crime when the
offender is in possession of false of falsified obligations or
notes.
People v Padilla: the accused, instead of carrying out his
intention, threw away the forged note, he was not liable.
Note from People v Casals: in impossible crimes, the act
performed would have been an offense against persons or
property. Forging or falsification of treasury notes is neither
an offense against persons nor an offense against property.
Art. 169 - How Forgery is Committed
Means to commit:
1. Giving to a treasury or bank note or any instrument
payable to bearer in the appearance of a true and
genuine document = falsification
2. Erasing, substituting, counterfeiting, or altering by
any means the figures, letters, words or signs
contained therein (ESCA) = counterfeiting
People v Galano (forgery under parag. 1)
This provision also contemplates documents which
have been withdrawn, demonetized, or have
outlived their usefulness.
US v Solito (forgery under parag. 2)
Erasing the phrase, or his order upon the face of
the treasury warrant was a material alteration on a
genuine document.
PD 247
Penalizing acts of defacement, mutilation, tearing,
burning or destroying in any manner, currency notes
and coins issued by CBP. Fine of not more than
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P20,000 and/or imprisonment of not more than 5
years.
Art. 170 - Falsification of Legislative Documents
Elements:
1. Genuine bill, resolution or ordinance enacted,
approved, or pending approval by either: House of
Legislature or any provincial board/municipal council
(including city council or municipal board)
2. Offender (may be a private individual or public
officer) alters the same
3. Without proper authority
4. Such alteration changes the meaning of the
document
RA 248
Prohibits the reprinting, reproduction, or
republication of government publications and official
documents without previous authority.
Art. 171 - Falsification by Public Officer, Employee or
Notary or Ecclesiastical minister
Elements:
1. Offender is a public officer, employee, or notary public
2. Who takes advantage of his/her official position
a. When he/she has the duty to make, prepare or
intervene in preparation of document
b. When he/she has official custody of document he/she
falsifies
US v Inosanto: municipal president falsifying
inscription in register of births under charge of
municipal secretary not guilty under 171.
3. Who falsifies a document (any written statement by
which a right is established or obligation extinguished;
which a fact may be proven and affirmed. Here it may
be public, official, private or commercial no need to
specify) through:
a. Counterfeiting or imitating (feigning) handwriting,
signature, or rubric
i. Simulating a signature, handwriting or rubric out
of one which does not in fact exist
ii. Done without authority to do so
iii. An imitation is necessary but not necessarily
perfect
iv. Intent or attempt to imitate
v. Original and forged signatures have some
resemblance (may deceive an ordinary person)
b. Causing it to appear that persons have participated
in any act when in fact they did not
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 i. When any of the requisites of
counterfeiting is not present
ii. Imitation of signature not
necessary
People v Asa: placing by the accused of their
thumbmarks in the list of voters opposite names of
electors who have not actually voted thereby making
them appear as if they participated in voting.
c. Attributing to persons proceeding statements
other than those in fact made by him/her
d. Making untruthful statements in a narration of
facts
i. Offender makes in a document statements in
a narration of facts (not conclusion of law)
ii. He/she has legal obligation (meaning the law
requires) to disclose the truth
People v Poserio: accused was under legal obligation
to reveal previous conviction of a crime in the
personal data sheet of the MPD.
i. Facts narrated by him/her are absolutely
false (includes awareness of the falsity of
facts narrated by him)
a. RULE: if statements are not altogether false,
there being some colorable truth in such,
crime of falsification is not committed.
ii. With wrongful intent of injuring third
persons
a. But is not an essential element of the crime
of falsification of public document
b. Good faith is a defense
ii. Alteration which speaks the truth
is not falsification
g. Issuing in 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
i. There is abuse in official position
ii. A private person who cooperates
or conspires with a public officer
suffers the same liability and
penalty as the public officer
iii. Intent to gain is not necessary
h. Intercalating any instrument relative to its
issuance in a protocol, registry or official
book
4. In case offender is an ecclesiastical minister,
falsification may affect civil status of persons
Note: drafts, pamphlets, and an un-signed will, have no legal
efficacy, so there would not be falsification.
Note: in falsification of public document, falsification need
not be made on an official form; sufficient that document is
given appearance of or appear similar to the official form.

People v Yanza: accused made a mistake of

judgment not a matter of fact when she declared
she was eligible for the position. Hence she could
not be held to have intentionally made a false
statement of fact in violation of 171.

e. Altering true dates

i. There is falsification only when the
date is essential; must affect either
the veracity of the document of
the effects thereof
ii. i.e. dates of birth, marriage, death,
those included in contracts, official
receipts, etc.

f. Making alteration/intercalation in a genuine

document which changes its meaning
i. Such change made the document
speak something false

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Art. 172. Falsification by private individual and use of
falsified documents.
3 acts punished:
1. Falsification of public, official or commercial document
by a private individual. (Par 1)
2. Falsification of private document by any person. (Par 2)
3. Use of falsified document. (Last Par)
Mode 1 Elements:
1. 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.
3. That the falsification was committed in a public or
official or commercial document.
Mode 2 Elements:
1. That the offender committed any of the acts of
falsification, except those in par 7, enumerated in Art.
171.
2. That the falsification was committed in any private
document.
3. That the falsification caused damage to a third party or
at least the falsification was committed with intent to
cause such damage.
Mode 3 (2 types):
1. Elements in Introducing in a judicial proceeding
a. That the offender knew that a document was
falsified by another person.
b. That the false document is embraced in Art 171 or in
any subdivisions No 1 or 2 of Art 172.
c. That he introduced said document in evidence in any
judicial proceeding.
2. Elements in Use in any other transaction
a. That the offender knew that a document was
falsified by another person.
b. That the false document is embraced in Art 171 or in
any of subdivision No 1 or 2 in Art 172.
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c. That he used such document (not in judicial
proceedings).
d. That the use of the false document caused damage
to another or at least with intent to cause such
damage.
* The acts of falsification are the same as those in Art 171.
Par 7 cannot be committed by a private individual, only a
public officer or notary public who takes advantage of his
official position.
Four kinds of documents
1. Public - a document executed or issued by a public
official in response to the exigencies of the public
service, or in the execution of which a public official
intervened.
[MB: DTR in Govt office, official receipts, notarized docs]
2. Official document which is issued by a public official in
the exercise of the functions in his office.
[MB: Required by law to be issued]
3. Private - a deed or instrument executed by a private
person without the intervention of a notary public or
other person legally authorized, by which document
some disposition or agreement is proved, evidenced or
set forth. (Between private individuals)
4. Commercial any document defined and regulated by
the Code of Commerce. (Mercantile)
* In the falsification of public or official documents, it is not
necessary that there be present the idea of gain or the
intent to cause damage. This is because the principal thing
punished is the violation of public faith and destruction of
the truth as therein solemnly proclaimed.
* This statement applies as well to commercial documents,
because as to this kind of document, a credit is sought to
be protected.
* Since damage is not an element of falsification of a public
document, it could be complexed with estafa, theft or
malversation as a necessary means to commit the latter
crimes.
* There is no crime of falsification of private document
through negligence or imprudence.
* If the document is intended by law to be part of the public
or official record, the falsification, although it was private
at the time of falsification, it is regarded as falsification of a
public or official document.
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* The user of the falsified document is deemed the author of
the falsification if the use was so closely connected in time
with the falsification and the user had the capacity of
falsifying the document.
* There is no crime of estafa through falsification of a private
document. Both crimes, separately, require the element of
damage, which each of the two should have its own.
* The fraudulent gain obtained through deceit should not be
the very same damage caused by the falsification of the
private document.
* Damage need not be material. Damage to ones honor is
included.
* Generally, falsification has no attempted or frustrated
stage.
* Damage is not necessary in the crime of introduction in
judicial proceeding a false document. Requires damage in
proceeding not judicial.
[MB: IF estafa can be committed without falsification and the
fasification is merely to facilitate, then the crime is estafa.
(Dili ko sure sa wording pero mau ni ako na gets)]
[MB: (Midterm bonus daw) Something about estafa through
falsification, public vs private doc]
Art. 173. Falsification of wireless, cable, telegraph and
telephone messages, and use of said falsified
messages.
3 acts punished:
1. Uttering fictitious wireless, telegraph or telephone
message.
2. Falsifying wireless, telegraph or telephone message.
3. Using such falsified message.
Mode 1 Elements: Uttering fictitious message or falsifying
the same.
1. That the offender is an officer or employee of the
Government or an officer or employee of a private
corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
2. That the offender Utters fictitious wireless, cable,
telegraph or telephone message; or
Criminal Law 2 Reviewer SULaw 2019
Mode 2 Elements: Falsifying wireless, telegraph or
telephone message
(1) 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) He falsifies wireless, cable, telegraph or telephone
message.
Mode 3 Elements: Use of said falsified messages. (Par 2)
1. That the accused knew that wireless, cable, telegraph,
or telephone message was falsified by any of the
persons specified in Par 1 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.
* Private individual cannot be a principal by direct
participation in falsification of telegraphic dispatches under
Art 173. But can be principal by inducement.
Art. 174. False medical certificates, false certificates of
merits or service, etc.
Persons liable for falsification of certificates.
1. Physician or surgeon who, in connection with the
practice of his profession, issues a false certificate (it
must refer to the illness or injury of a person);
Note: The crime is false medical certificate by a
physician.
2. Public officer who issues a false certificate of merit of
service, good conduct or similar circumstances; Note:
The crime here is false certificate of merit or service by
a public officer
3. Private person who falsifies a certificate falling within
the classes mentioned in the two preceding
subdivisions.
* A certificate is any writing by which testimony is given that
a fact has or has not taken place.
* A certificate of residence for voting purposes is certificate
of Similar circumstances
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Art. 175. Using false certificates.
Elements:

1. That a physician or surgeon had issued a false medical

certificate, or a public officer had issued a false
certificate of merit or service, good conduct, or similar
circumstances, or a private person had falsified any of
said certificates.

2. That the offender knew that the certificate was false.

3. That he used the same.

Note: When any of the false certificates mentioned in Article

174 is used in the judicial proceeding, Article 172 does not
apply, because the use of false document in judicial
proceeding under Article 172 is limited to those false
documents embraced in Articles 171 and 172.

Art. 176. Manufacturing and possession of instruments

or implements for falsification.
2 acts punished:

1. Making or introducing into the Philippines any

stamps, dies, marks, or other instruments or
implements or counterfeiting or falsification;

2. Possession with intent to use the instruments or

implements for counterfeiting or falsification made
in or introduced into the Philippines by another
person.

Note : The implements confiscated need not form a complete

set.

Note : The possession prohibited is not only actual, physical

possession, but also constructive possession or the
subjection of the thing to ones control.

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Other Falsities
Article 177: Usurpation of Authority or Official Functions
Article 178: Using Fictitious Name and Concealing True Name
Article 179: Illegal Use of Uniforms or Insignia
Article 180: False Testimony against a Defendant
Article 181: False Testimony favorable to the Defendant
Article 182: False Testimony in Civil Cases
Article 183: False Testimony in Other Cases and Perjury in
Solemn Affirmation
Article 184: Offering False Testimony in Evidence
Frauds
Article 185: Machinations in Public Auctions
Article 186: Monopolies and combinations in restraint of
trade
Article 187: Importation and disposition of falsely marked
articles or merchandise made of gold, silver, or other precious
metals or their alloys
Other Falsities
Article 177: Usurpation of Authority or Official
Functions
Penalty: Prision correcional in its minimum and medium
Additional fine of at least P5k and/or at least 5 years
imprisonment if offender falsely assumes and acts as
a duly accredited foreign government official with
intent to defraud
USURPATION OF AUTHORITY Elements:
1. By knowingly misrepresenting oneself;
2. As an officer, agent or representative of the
government, whether local, national or foreign.
The mere act of knowingly and falsely representing oneself to
be an officer, etc. is sufficient. It is not necessary that he
performs an act pertaining to a public officer.
USURPATION OF OFFICIAL FUNCTION Elements:
1. By performing an act;
2. Pertaining to any person in authority or public officer
of the government or any agency thereof, whether
local, national or foreign;
3. Under pretense of official position;
4. Without being lawfully entitled to do so.
There must be a positive, express, and explicit representation
on the part of the offender.
Article 177 may be violated by a public offer.
Maam said: If made with civic spirit, it is not usurpation.
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Article 178: Using Fictitious Name and Concealing True
Name
Penalty: Using Arresto mayor and a fine not to exceed Php
500
Conceals name arresto menor or a fine not to
exceed Php 200
USING FICTITIOUS NAME Elements:
1. 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 to:
a. Conceal a crime; or
b. Evade the execution of a judgment; or
c. Cause damage to public interest.
Damage must be to public interest. If damage is to private
interest, the crime will be estafa under Art. 315, 2(a).
CONCEALING TRUE NAME Elements:
1. The offender conceals his true name and other
personal circumstances;
2. The purpose is only to conceal his identity.
Fictitious name is any other name which a person publicly
applies to himself without authority of law.
Commonwealth Act 142, as amended by RA 6085 regulates
the use of aliases.
Penalty: Imprisonment of 1-5 years and a fine of P5k-10k
No one is allowed to use any other name with which
he is registered, except as a pseudonym solely for
literary, cinema, television, radio or other
entertainment purposes and in athletic events.
Whoever wants to use an alias should apply for
authority.
o Maam said: It is a judicial proceeding like a
petition for a change of name.
One person, one alias.
Using vs Concealing
Using fictitious name requires the element of
publicity, and is done specifically for to conceal a
crime, evade execution of a judgement, or cause
damage to public interest.
Concealing true name and other circumstances is
merely to conceal identity.
Article 179: Illegal Use of Uniforms or Insignia
Penalty: Arresto mayor
Elements:
1. The offender makes use of insignia, uniform or
dress;
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 2. The insignia, uniform or dress pertains to an office
not held by the offender or to a class of person of
which he is not a member; and
3. The insignia, uniform or dress is used publicly and
improperly.
Wearing the uniform of a fictitious office is not punishable.
Exact imitation is not necessary. A colorable imitation is
sufficient.
RA 493 punishes the wearing of insignia, badge or emblem of
rank of the members of the AFP or Constabulary.
RA 75 punishes the use of uniform, decoration or regalia of a
foreign state.
EO 297 punishes the illegal manufacture, sale, distribution
and use of PNP uniforms, insignias and other accoutrements.
Article 180: False Testimony against a Defendant
Penalty: Reclusion temporal if defendant in case is
sentenced to death
Prision mayor if defendant sentenced to reclusion
temporal or perpetua
Prision correcional and fine not exceeding Php 1k if
defendant sentenced to afflictive penalty
Arresto mayor and fine not exceeding Php 1k if
defendant sentenced to correctional penalty or a
fine or acquitted
Maam said: The basis is the sentence not the penalty
imposed. Meaning to say, after conviction.
Elements:
1. There is a criminal proceeding;
2. Offender testifies falsely under oath against
defendant;
3. Offender knows that testimony is false;
4. Defendant is either acquitted or convicted in a final
judgement.
The witness who gave false testimony is still liable even if
testimony was not considered by the court.
Article 181: False Testimony favorable to the
Defendant
Penalty: Arresto mayor in its maximum to prision correcional
in its minimum and a fine not to exceed Php 1k if afflictive
penalty; arresto mayor in any other case
Elements:
1. Offender gives false testimony
Criminal Law 2 Reviewer SULaw 2019
2. In favor of the defendant
3. In a Criminal case
False testimony by a negative statement (e.g. not seeing the
defendant, not being present) is false testimony in favor of
defendant.
False testimony need not directly influence the decision of
acquittal, nor benefit the defendant.
If the statement is a mere opinion, the witness is not liable.
Conviction or acquittal of defendant in the principal case is
not necessary. It is sufficient that defendant is prosecuted for
a felony punished by afflictive penalty or other.
Defendant who falsely testifies on his behalf in a criminal case
is guilty of false testimony favorable to the defendant.
Mere denial, however, should not be prosecuted under 180
or 181. The defendant must voluntarily go up the witness
stand and falsely imputes another for a grave offence.
Rectification made spontaneously after realizing the mistake
is not false testimony. There must be malice or criminal
intent.
Article 182: False Testimony in Civil Cases
Penalty: Prision correcional in its minimum and a fine not to
exceed Php 6k if amount in controversy greater than Php 5k;
Arresto mayor in its maximum to prision correcional in its
minimum and a fine not to exceed Php 1k if amount less than
Php 5k or cannot be determined
Elements:
1. Testimony given in an ordinary civil case*
2. Testimony relates to the issues presented in said
case
3. Testimony is false
4. Offender knows testimony is false
5. Testimony is malicious and given with an intent to
affect issues presented.
*Sec 1, Rule 2, Rules of Court: an ordinary suit in a court of
justice, by which one party prosecutes another for the
enforcement or protection of a right, or the prevention or
redress of a wrong; every other remedy is a special
proceeding.
Art 182 does not apply to special proceedings.
False testimony must be first established (prejudicial question
criminal action for false testimony will be suspended).
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Article 183: False Testimony in Other Cases and Perjury
in Solemn Affirmation
Penalty: Arresto mayor in its maximum to prision correcional
in its minimum
Two ways of committing perjury:
1. By falsely testifying under oath
2. By making a false affidavit
PERJURY Elements:
1. Offender made a statement under oath or executed
an affidavit upon a material matter
2. Statement or affidavit was made by a competent
officer*
3. Offender makes a willful and deliberate assertion of
falsehood in statement/affidavit
4. Sworn statement/ affidavit is required by law (made
for a legal purpose)
*Maam said: Re competent officer it cannot be a private
lawyer with a notarial commission
Private lawyers cannot notarize a document unless
he applies for a notarial commission in court
Govt practitioners do not need such because they
are vested with power to administer oath, et al.
Statement in perjury should not be in a criminal case nor an
ordinary civil proceeding.
If statement is not material to the principal matter under
investigation, no perjury.
No perjury through negligence or imprudence because
falsehood must be deliberate.
No law requiring the statement to be made under oath as
long as it is made for a legal purpose.
Oath any form of attestation by which a person signifies
that he is bound by conscience to perform an act faithfully
and truthfully.
Affidavit sworn statement in writing; a declaration in
writing made upon oath before an authorized magistrate or
officer
Material matter main fact which is the subject of the
inquiry or any circumstance which tends to prove that fact, or
any fact or circumstance which tends to corroborate or
strengthen the testimony relative to the subject of inquiry, or
which legitimately affects the credit of the witness who
testifies
Relevant tends to establish probability or improbability of
fact in issue
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Pertinent Concerns collateral matters which make more or
less probable the proposition at issue
Competent person authorized to administer oath a person
who has a right to inquire into the questions presented to
him upon matters under his jurisdiction
Subornation of perjury = inducing someone to commit
perjury
Not expressly punished by RPC, but offender may be
punished under Art 183 in relation to Article 17, i.e. as a
principal by inducement.
Article 184: Offering False Testimony in Evidence
Penalty: Respective penalties under 180-183 (because
punished as false testimony)
Elements:
1. Offender offers in evidence a false witness or
testimony
2. He knows witness or testimony is false
3. Offer was made in a judicial or official proceeding*
Offer of evidence begins at the moment a witness is called to
the stand and interrogated by counsel. The witness must
have to testify.
Offender must not induce witness to testify (but he knows
the testimony is false). If there is inducement, offender is a
principal by inducement under 180-183.
Frauds
Article 185: Machinations in Public Auctions
Penalty: prision correcional in its minimum period and a fine
(10 to 50% of the thing auctioned)
Mode 1: Soliciting any gift or promise
Elements:
1. There is a public auction
2. Offender solicits any gift or a promise
3. Such gift or promise is the consideration for
refraining from taking part of that public auction
4. Offender has the intent to cause the reduction of the
auction price
Offense is consummated by mere solicitation of gift or
promise. It is not required that the person making the
proposal actually refrains from taking part in any public
auction.
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Mode 2: Attempting to cause bidders to say away
Elements:
1. There is a public auction
2. Offender attempts to cause the bidders to stay
away:
a. by threats (need not be effective);
b. gifts(need not be accepted);
c. promises; or
d. any other artifice (tricks)
3. Offender has the intent to cause the reduction of the
auction price
Mere attempt consummates the crime.
Article 186: Monopolies and combinations in restraint
of trade
Penalty: prision correccional in its minimum period or a fine
(P200,000 - P600,000)
If food or other articles of prime necessity is
affected, that initial steps are taken to carry out the
offense is sufficient to impose a higher penalty
(prision mayor in its maximum and medium periods).
Mode 1: Combination to prevent free competition in the
market
Elements:
1. Entering into any contract or agreement; or
2. Taking part in any conspiracy or combination in the
form of a trust or otherwise
Mode 2: Monopoly to restrain free competition in the market
Elements:
1. Monopolizing any merchandize or object of trade or
commerce; or
2. Combining with any other person or persons to
monopolize to alter prices by:
a. spreading false rumors;
b. or any other artifice
Mode 3: Manufacturer, producer, or processor or importer
combining, conspiring, or agreeing with any person to:
1. Make transactions prejudicial to lawful commerce;
or
2. Increase the market price
Any property possessed under any contract or combination
contemplated in this Article is forfeited to government.
Mere conspiracy or combination is punished.
President and directors or managers of a corporation or
association, or agent or representative of foreign corporation
or association are liable only when they:
knowingly permitted; or
failed to prevent the commission
Criminal Law 2 Reviewer SULaw 2019
Illegal Acts of Price Manipulation (R.A. 7581 or the Price
Act):
Penalty: 5-15 years imprisonment and a fine (P5,000 to
P2,000,000)
1. Hoarding undue accumulation of any basic
commodity; unreasonable limitation or refusal to
dispose of, sell, or distribute stocks of any basic
necessity or prime commodity; the unjustifified
taking out of any basic necessity or prime
commodity from channels of reproduction, trade,
commerce, and industry
2. Profiteering selling any basic necessity or prime
commodity at a price grossly in excess of its true
worth
3. Cartel combination or agreement between two or
more persons engaged in production, manufacture,
etc. of any basic necessity or prime commodity to
artificially and unreasonably manipulate its price
Article 187: Importation and disposition of falsely
marked articles or merchandise made of gold, silver, or
other precious metals or their alloys
Penalty: Prision correcional and/or a fine ranging Php 200-
Php 1k
Elements:
1. Offender imports, sells or dispose of any of the
following articles or merchandise made of:
a. Gold
b. Silver
c. Other precious metals; or
d. Their alloys
2. The stamps, brands, or marks of those articles fail to
indicate their actual fineness or quality
3. Offender has knowledge of the misbranding
Article 187 does NOT apply to manufacturer as he is liable for
estafa (Art. 315)
RA 8293 Intellectual Property Code (repealed 188 and 189)
Acts punished:
1. Infringement
2. Unfair Competition
3. False designation of origin and false description or
representation
Penalty: Imprisonment (2-5 years) and a fine (50k-200k)
Mode 1: (TRADE MARK) INFRINGEMENT
Elements
1. Validity of plaintiffs mark
a. Trademark must not be merely descriptive
or generic.
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 2. Plaintiffs ownership of mark
a. Tradename or trademark must be
registered.
3. The use of the mark or its colorable imitation by the
alleged infringer results in likelihood of confusion
Persons liable: Any person who shall, without the consent of
the owner of a registered mark
1. Use in commerce any reproduction, counterfeit,
copy, or colorable imitation of a registered mark, the
same container, or a dominant feature thereof; OR
2. Reproduce, counterfeit, copy, or colorably imitate a
registered mark or a dominant feature thereof and
apply such to labels, signs, etc.
Mark any visible sign capable of distinguishing goods or
services of an enterprise and shall include a stamped or
marked container
Tradename the name or designation identifying or
distinguishing an enterprise
Trademark indicates the origin or ownership of the goods
to which it is affixed
Tests in determining confusing similarity
1. Dominancy test similarity of prevalent features of
competing trademarks which might cause confusion,
deception, and thus infringement
2. Holistic Test requires that the entirety of the
marks in question be considered in resolving
confusing similarity
Differences must not be glaring or striking to the eye.
Types of confusion arising from similar or colorable imitation
marks
1. Confusion of goods (product confusion) products
are competing; ordinarily prudent purchaser would
be induced to buy a product in the belief that hes
buying the other
2. Confusion of business (source or origin confusion)
noncompeting products but related enough to
produce confusion of affiliation, that there is some
connection between the products
It is not necessary that goods of the prior user and the later
user of trademark are of the same categories.
Mode 2: UNFAIR COMPETITION
Elements:
1. Confusing similarity in general appearance of the
goods;
2. Intent to deceive the public and defraud a
competitor
Criminal Law 2 Reviewer SULaw 2019
Unfair competition consists of employing deception or any
other means contrary to good faith by which he shall pass off
goods manufactured by him, or in which he deals, or his
business, or services for those of one having established such
goodwill, or who shall commit any acts calculated to produce
said result.
Intent to deceive or defraud may be inferred from similarity
of appearance of goods.
True test of unfair completion: whether certain goods have
been clothed with an appearance which is likely to deceive
the ordinary purchases exercising ordinary care.
The master, whether present or not, is criminally responsible
for acts of his servants or employees if he cause the illegal act
to be done, or requests, commands or permits it, or in any
manner authorizes it, or aids or abets the servant in its
commission.
Article 28 of the New Civil Code: Unfair competition in
agricultural, commercial, or industrial enterprise or in labor
through the use of force, intimidation, deceit, machination or
any other unjust, oppressive or highhanded method shall give
rise to a right of action by the person who thereby suffers
damage.
Trademark infringement constitutes unfair competition when
there is not merely likelihood of confusion, but also actual or
probable deception on the public because of the general
appearance of the goods.
There can be trademark infringement without unfair
completion as when the infringer discloses on labels
containing the mark that he manufactures the goods, thus
preventing the public from being deceived that the goods
originate from the trademark owner.
Mode 4: False designation of origin or false description or
representation
Persons liable:
Any person who, in connection with any goods or services, or
any container for goods uses in commerce
any word, term, name, symbol, or device, or
any false designation of origin,
false or misleading description of fact, or
false or misleading representation of fact
Which:
1. Is likely to cause confusion, or to cause mistake,, or
to deceive as to affiliation or as to the origin,
sponsorship or approval of his goods, etc. by another
person; or
2. In commercial advertising or promotion, mispresents
the nature, characteristics, qualities, or the
Page 38
 geographic origin of his or another persons goods,
etc.

RA 634, amended by RA 5700 regulates the use of duly

stamped or marked bottles, boxes, etc. Written consent of
the manufacturer, bottler, or seller, who has successfully
registered the marks of ownershipto fill such bottles, etc.
for the purpose of sale, etc. is required.
Penalty: Fine not more than Ph 1k and/or imprisonment not
more than 1 year

Section 2702 of the Revised Administrative Code, as

amended by RA 455 penalizes smuggling or illegal
importation.
Penalty: Unlawful importation of merchandise Fine (Php
600- 5k) and imprisonment (3 mos-2 years); if alien -
deportation

Criminal Law 2 Reviewer SULaw 2019 Page 39

ANTI MONEY LAUNDERING ACT OF 2001
Money Laundering Offense- is a crime where the proceeds of
an unlawful activity as defined are transacted making them
appear to have originated from any legitimate sources.
Unlawful Activity- refers to any act or omission or series or
combination involving or having relation, to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815,
otherwise known as the Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act
No. 6425, as amended, otherwise known as the Dangerous
Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No.
3019, as amended; otherwise known as the Anti-Graft and
Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299,
300, 301 and 302 of the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under
Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as
amended and Presidential Decree No. 532;
(8) Qualified theft under Article 310 of the Revised Penal
Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code, as
amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise
known as the Electronic Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No.
6235; destructive arson and murder, as defined under the
Revised Penal Code, as amended, including those perpetrated
by terrorists against non-combatant persons and similar
targets;
(13) Fraudulent practices and other violations under Republic
Act No. 8799, otherwise known as the Securities Regulation
Code of 2000;
Criminal Law 2 Reviewer SULaw 2019
(14) Felonies or offenses of a similar nature that are
punishable under the penal laws of other countries.
Suspicious Transactions- is a transaction, regardless of
amount, where any of the following circumstances
exists.
A) There is no legal or trade obligation, purpose or
economic justicification
B) The client is not properly involved
C) The amount involved is not commensurate with the
business or financial capacity of the client
D) Taking into account all known circumstances, it may
be perceived that the clients transaction is
structured in order to avoid being the subject of
reporting requirements under the act.
E) Any circumbstances relating to the transaction which
is observed to deviate from the profile of the client
and or the clients past transactions with the
covered institutions
F) The transaction Is in any way related to an unlawful
activity or any money laundering or offense under
the AMLA, as amended, is being or has been
committed
G) Any transaction that is similar to any foregoing
Persons Liable-
a) Any person knowng that any monetary instrument or
property represents, involves, or relates to, the
proceeds of any unlawful activity, transfer or attempts
to transact said monetary instrument or property
b) Any person knowing that any monetary iinstument or
property involes the proceeds of any unlawful activity,
performs or fails to perform any acts as a result of
which he facilitates the offense of money laundering
referred to in paragraph (a)
c) Any person knowing that any monetary instrument or
property is required under AMLA, be disclosed and filed
with the Anti money laundering council, fail to do so.
Page 40
Comprehensive Dangerous Drugs Act of 2002
What are considered Dangerous Drugs?
Those listed in the:
(1) Schedules annexed to the 1961 Single Convention on
Narcotic Drugs, as amended by the 1972 Protocol,
and
(2) Schedules annexed to the 1971 Single Convention on
Psychotropic Substances as enumerated in the
attached annex which is an integral part of the Act
Unlawful Acts and Penalties
(Section 4)
Importation of Dangerous Drugs and/or Controlled
Precursor and Essential Chemicals
Penalty:
Life Imprisonment to Death and fine ranging from P500,000
to P10M for any person, unless authorized by law, shall
import or bring into the Philippines any dangerous drug
regardless of the quantity and purity involvedeven for
floral, decorative and culinary purposes
12 years & 1 day to 20 years and fine ranging from P100, 000
- P500, 000 for any person, who, unless authorized by law,
shall import any controlled precursor
There must be proof that the ship came from a foreign port
(Section 5)
Sale, Trading, Administration, Dispensation, Delivery,
Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals
Elements:
1. The identities of the buyer and the seller, the object,
and the consideration must be proven
2. The delivery of the thing sold and the payment for it
Penalty:
Life Imprisonment to Death and fine ranging from P500,000
to P10M for the Dangerous Drugs
Criminal Law 2 Reviewer SULaw 2019
12 years & 1 day to 20 years and fine ranging from P100, 000
- P500, 000 for controlled precursors and essential
chemicals
Maximum penalty under this section shall be imposed upon:
1. Who sell, trade, administer, dispense, deliver,
distribute or transport of any dangerous drug and/or
controlled precursor and essential chemicals within
100 meters from the school
2. For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers and
messengers
3. If the victim of the offense is a minor or a mentally
incapacitated individual or should a dangerous drug
and or a controlled precursor and essential chemical
involved in any offense herein provided be the
proximate cause of the death thereof
(Section 11)
Possession of Dangerous Drugs
Elements:
1. The accused was in possession of prohibited drug
2. Such possession is not authorized by law
3. The accused freely and consciously possessed the
prohibited drug
Penalty:
Life Imprisonment to Death and fine ranging from P500,000
to P10M for any person, unauthorized by law shall possess
any dangerous drug in the ff. quantities, regardless of the
purity thereof:
(a) 10 grams or more opium
(b) 10 grams or more morphine
(c) 10 grams or more heroin
(d) 10 grams or more cocaine or cocaine hydrochloride
(e) 50 grams or more of methamphetamine
hydrochloride or shabu
(f) 10 grams or more of marijuana resin or marijuana
resin oil
(g) 500 grams or more marijuana
(h) 10 grams or more other dangerous drugs
If the quantity involved is less than the foregoing quantities,
the penalties shall be graduated as follows:
Life imprisonment and fine ranging from P400,000-P500,000
if the quantity of shabu is 10 grams or more but less than
50 grams
Page 41
20 years and 1 day to life imprisonment and fine from
P400,000-P500,000 if the quantities of dangerous drugs are
5 grams or more but less than 10 grams of opium, morphine,
heroin, cocaine or cocaine hydrochloride, marijuana or
marijuana resin oil, shabu, or other dangerous drugs
12 years and 1 day to 20 years and fine from P300,000-
P400,000 if the quantities of dangerous drugs are less than
5 grams of opium, morphine, heroin, cocaine or cocaine
hydrochloride, marijuana or marijuana resin oil, shabu, or
other dangerous drugs
(Section 12)
Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs
Penalty:
6 months and 1 day to 4 years of imprisonment and
fine from P10,000-P50,000 for any unauthorized
person who shall posses or have under his/her control
any equipment, instrument, apparatus and other
paraphernalia for or intended for smoking, consuming,
administering, injecting, ingesting or introducing any
dangerous drug into the body
Possession of equipment, instrument, apparatus and
other paraphernalia fit or intended for any of the
purposes enumerated above shall be prima facie
evidence that the possessor has smoked, consumed,
administered to himself/herself, injected, ingested
or used a dangerous drug
(Section 15) Use of Dangerous Drugs
Penalty:
Minimum of 6 months rehabilitation in a
government center for the first offense
6 years and 1 day to 12 years and fine ranging from
P50,000 P200,000 if apprehended using any
dangerous drug for the second time
Criminal Law 2 Reviewer SULaw 2019
Other acts punished:
Maintenance of a Den, Dive or Resort (Sec. 6)
Employees and Visitors of a Den, Dive or
Resort(Sec.7)
Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals (Sec.8)
Illegal Chemical Diversion of Controlled Precursor
and Essential Chemicals (Sec.9)
Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous
Drugs and/or Controlled Precursor and Essential
Chemicals(Sec.10)
Possession of Dangerous Drugs During Parties ,
Social Gatherings or Meetings (Sec.13)
Possession of Equipment, Instrument, Apparatus and
Other Paraphernalia for Dangerous Drugs During
Parties, Social Gatherings or Meetings (Sec.14)
Maintenance and keeping of Original Records of
Transactions on Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals (Sec. 17)
Unnecessary Prescription of Dangerous Drugs (Sec.
18)
Unlawful Prescription of Dangerous Drugs (Sec. 19)
(Section 21)
Whose presence is required in the physical inventory and
photograph of the seized and confiscated items? (as
amended)
1. The person/s from which such items were
confiscated and/or seized
2. Elected public official
3. Representative of the National Prosecution Service
or the media
What is the role of PDEA?
Philippine Drug Enforcement Agency serves as the
implementing arm of the Dangerous Drugs Board. It shall be
responsible for the efficient and effective law enforcement of
all the provisions on any dangerous drug and/or controlled
precursor and essential chemical as provided in this Act
(Sec.21) The PDEA shall take charge and have
custody of all dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphenrnalia
and/or laboratory equipment
Page 42

The use of dangerous drugs shall be a qualifying
aggravating circumstance in the commission of a
crime by an offender
In case any violation of this Act is committed by a
partnership, corporation, association or any juridical
entity, the partner, president, director, manager,
trustee, estate administrator, or office who consents
to or knowingly tolerates to the use of a vehicle,
vessel, aircraft, equipment or other facility affiliated
to the partnership, corporation etc, as an instrument
in the importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or
manufacture of dangerous drugs shall be held
criminally liable as co-principal
If the offender is an alien, after service of sentence,
shall be deported immediately
Accessory Penalties
A person convicted under this Act shall be
disqualified to exercise his/her civil rights such as but not
limited to, the rights of parental authority or
guardianship, either as to the person or property of any
ward, the rights to dispose of such property by any act or
any conveyance inter vivos and political rights such as
but not limited to, the right to vote and be voted for.
Such rights shall also be suspended during the pendency
of an appeal from such conviction
time the Court, as well as the Board shall be apprised by
the head of the treatment and rehabilitation center of
the status of said drug dependent and determine
whether further confinement will be for the welfare of
the drug dependent and his/her family or the
community.
A drug dependent under the voluntary submission
program, who is finally discharged from confinement,
shall be exempt from the criminal liability of Use of
Dangerous Drugs if certain conditions are met.
Compulsory Confinement of a Drug Dependent
Who Refuses to Apply Under the Voluntary
Submission Program
Notwithstanding any law, rule and regulation to the
contrary, any person determined and found to be
dependent on dangerous drugs shall, upon petition by
the Board or any of its authorized representative, be
confined for treatment and rehabilitation in any Center
duly designated or accredited for the purpose.
A petition for the confinement of a person alleged to
be drug dependent to Center may be filed by any person
authorized by the Board with the RTC of the province or
city where such person is found.

Voluntary Submission of a Drug Dependent to

Confinement, Treatment and Rehabilitation

A drug dependent or any person who violates

section 15(Use of Dangerous Drugs) of this Act may, by
himself/herself or through his/her parent, spouse,
guardian, or relative, within the fourth degree of
consanguinity or affinity, apply to the Dangerous Drugs
Board or its duly recognized representative, for
treatment and rehabilitation of drug dependency. Upon
such application, the Board shall bring forth the matter
to the Court which shall order that the applicant be
examined for drug dependency. If the examination by
the DOH-accredited physician results in the issuance of a
certification that the applicant is a drug dependent,
he/she shall be ordered by the Court to undergo
treatment and rehabilitation in a Center designated by
the Board for a period of not less than six(6) months.

Confinement in a Center for treatment and

rehabilitation shall not exceed one(1) year, after which

Criminal Law 2 Reviewer SULaw 2019 Page 43

Title VI. Crimes against Public Morals
Gambling and Betting
Articles 195-199 repealed.
Offenses against Decency and Good Customs
Article 200: Grave Scandal
Article 201: Immoral doctrines, obscene publications and
exhibitions
Article 202: Vagrancy and prostitution
GAMBLING AND BETTING
Articles 195-199 are repealed.
PD 1602 (Anti-Gambling Act)
Gambling any game or scheme, whether upon chance or
skill, wherein wagers consisting of money, articles or value or
representative of value are at stake or made.
Penalties:
Participants and those who permit/allow gambling
prision correccional in its medium or a fine (1k-6k); if
recidivist prision mayor in its medium or a fine (5k-
10k)
If gambling place has reputation or prohibited
gambling is frequently carried on, or place is public
or govt building prision correccional in its
maximum and a fine (6K)
Maintainer or conductor prision correccional in its
maximum and fine (6k)
If maintainer/conductor/banker or
player/promoter/referee/umpire/judge/coach in
case of game fixing, pt shaving and machination is a
govt official prision mayor in its medium with
temporary absolute disqualification or a fine (6k)
Possession (knowingly and without lawful purpose)
of lottery, list, paper or matter containing data
pertaining to or used in jueteng, etc prision
correccional in its medium or fine (400-2k)
Security officer establishments where gambling
activities are held - prision correccional in its
maximum or fine (500-2k)
RA 9827 (Illegal Numbers Game) increased penalties for
illegal numbers game.
Illegal numbers game any form of illegal gambling activity
which uses numbers or combinations thereof as factors in
giving out jackpots/prizes/returns.
Penalties:
1. Bettor 30-90 days
Criminal Law 2 Reviewer SULaw 2019
2. Personnel/staff of illegal numbers game operation;
or person allows his house, vehicle, land to be used
6 years, 1 day to 8 years
3. Collector or agent 8 years, 1 day to 10 years
4. Coordinator, controller, or supervison 10 years, 1
day to 12 years
5. Maintainer, manager, operator 12 years, 1 day to
14 years
6. Financier or capitalist 14 years, 1 day to 16 years
7. Financier or coddler 16 years , 1 day to 18 years
If persons in #3-7 are is a govt employee and/or
public official 12 years, 1 day to 20 years, and a
fine (3M-5M)m and perpetual absolute
disqualification from public office
If govt official who, having knowledge of existence
of operation but fails to abate or take action
perpetual disqualification from public office
Law enforcer fails to apprehend administrative
penalty of suspension or dismissal
Spectators are not liable in gambling. Mere presence is not an
offense as long as he did not take part directly or indirectly.
Lottery scheme for the distribution of prizes by chance
among persons who have paid, or agreed to pay, a valuable
consideration for the chance to obtain a prize.
Elements:
1. Consideration
2. Chance
3. Prize, or some advantage or inequality in amount or
value which is in the nature of a prize
There is no lottery where there is full value of money.
PD 519 has outlawed pinball and slot machines and other
similar devices.
Penalty: prision correccional to prision mayor or a fine not
less than Php 5k or both; if corporation, etc penalty on
guilty officers; if aliens penalty and deportation
Knowingly permitting gambling to be carried on in a place
owned or controlled by the offender.
Elements:
1. That a gambling game was carried on in an inhabited
or uninhabited place or in any building, vessel or
other means of transportation.
2. That the place, building, vessel, or other means of
transportation is owned or controlled by offender.
3. That the offender permitted the carryon on of suck
game, knowing that it is a gambling game.
Page 44
Maintainer or conductor in a gambling game or scheme are
likewise punished.
Maintainer person who sets up and furnishes the means
with which to carry on the gambling game or scheme
Conductor person who manages or carries on the gambling
game or scheme
Maam said: The collector of illegal numbers game suffers a
penalty thats not probationable. A defense for this is that you
present that you are authorized (by PCSO).
Proof that game took place or is about to take place is not
necessary. But proof to the contrary is necessary when the
jueteng lists pertain to games played on other dates. The
prosecution must prove the they were used on the date of
the raid or immediately prior to or after said date.
PD 483 penalizes betting, game fixing or point-shaving and
machinations in sport contest
Acts Punished
1. Betting money or any object or article of value or
representative of value upon the result of any game,
races and other sports contest
2. Game fixing any arrangement, combination,
scheme or agreement by which the result of any
game, races or sports contests shall be predicted
and/or knows other than on the basis of the honest
playing skill or ability of the players or participants
3. Point-shaving such arrangement, combination,
scheme or agreement by which the skill or ability of
any player or participant in a game, races and other
sports contest to make points or scores shall be
limited deliberately in order to influence the result in
favor of/against another team, player, participant.
4. Game machination any other fraudulent, deceitful,
unfair or dishonest means, method, manner or
practice employed for the purpose of influencing the
result
Penalties: prision correccional medium and a 1k fine with
subsidiary imprisonment in case of insolvency; If official (e.g.
promoter, referee) prision correccional maximum and fine
(Php 2k) with subsidiary imprisonment in case of insolvency;
if official or employee of govt office concerned with sports
regulation etc additional penalty of disqualification from
holding office for life; if alien deported
Racing days
1. Private individuals duly licensed by Games and
Amusement Board may hold races on Sundays, on 24
Saturdays, on legal holiday except:
a. Thursday and Firday of Holy Week
Criminal Law 2 Reviewer SULaw 2019
b. July 4
c. December 30 - Rizal Day
PD 449: Cockfighting shall be allowed only in licensed
cockpits on Sundays, fiestas for not more than 3 days, and
legal holidays except:
a. Thursday and Firday of Holy Week
b. June 12
c. November 30
d. December 30 - Rizal Day
e. Election or Referendum Day
f. Registration Days for (e)
Penalty: prision correccioanl or a fine (600-2k) or both, with
subsidiary imprisonment in case of insolvency; If financier,
owner, manager or operator, gaffer prision correccioanl
maximum and 2k fine with subsidiary imprisonment in case of
insolvency
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
Article 200: Grave Scandal
Penalty: arresto mayor and public censure
Elements:
1. Offender performs an act or acts;
2. Such act/s be highly scandalous as offending against
decency and good customs*
3. The highly scandalous act is not expressly falling
within any other article of the RPC;
4. The act/s complained be committed in a public place
or within public knowledge or view
Decency propriety of conduct; proper observance of
requirements of modesty, good taste, etc.
Customs established usage, social conventions carried on
by tradition and enforced by social disapproval of any
violation thereof.
Act/s must be performed in a public place or within public
knowledge or view; otherwise, (if it is committed in a private
place) there is no crime of grave scandal.
Difference between grave scandal and acts of lasciviousness:
There is mutual consent in grave scandal.
Article 201: Immoral doctrines, obscene publications
and exhibitions
Penalty: prision mayor or fine (Php 6k-12k) or both
PD 969: If govt employee/official penalty imposed
shall be in its maximum period, in addition to
accessory penalties.
Page 45
 RA 7610: If child is involved (seller/distributor of
materials included) prision mayor in its medium; if
child is below 12 years old maximum; if ascendant,
guardian or person entrusted to care shall cause or
allow child to be employed or participate prision
mayor in its medium
Acts punished:
1. Those who publicly expound or proclaim doctrines
openly contrary to public morals;
2. Authors of obscene literature, published with their
knowledge in any form, the editors publishing the
literature; owners/operators of establishment
publishing the same;*
3. Those who, in theaters, fairs, cinematographs, or any
other place, exhibit indecent or immoral plays,
scenes, acts, or shows, whether live or in film, which
are proscribed by virtue hereof, shall include those
which:
a. Glorify criminals or condone crimes;
b. Serve no other purpose but to satisfy
market for violence, lust or pornography;
c. Offend any race, or religion;
d. Tend to abet traffic in and use of prohibited
drugs;
e. Are contrary to law, public order, morals,
good customs, established policies, lawful
orders, decrees and edicts
4. Those who sell, give away, or exhibit films, prints,
engravings, sculptures, or literature which are
offensive to morals.
*Writing obscene literature is not punished. Author is liable
only if it is published with his knowledge.
This offense in any of the forms mentions is committed only
when there is publicity.
Moral conformity with generally accepted standards of
goodness or rightness in conduct or character, sometimes,
specifically, to sexual conduct.
Obscene offensive to chastity, decency or delicacy
Test of obscenity: Whether the tendency of matter is to
deprave or corrupt those whose minds are open to such
immoral influences, and into whose hands such a publication
may fall and also whether or not such publication or act
shocks the ordinary and common sense of men as an
indecency.
Indecency act against good behavor and a just delicacy
Criminal Law 2 Reviewer SULaw 2019
Mere nudity is not indecent or obscene. The proper test is
whether the motive is pure or impure; whether it is naturally
calculated to excite impure imaginations.
The reaction of the public should be made the gauge in the
determination whether acts are indecent or immoral. (People
v Aparici)
When a publication is designed to stir imagination and
suggest a mental picture not to promote but rather debase
sensibilities, the publication has ceased to be decent. (People
v Sarte III)
Mere possession of obscene materials without intention to
sell, exhibit, or give away, is not punishable. The offense in
Article 201 is committed only when there is publicity.
Give away not just to one person, but distribution to many
people and not merely the isolated, casual or occasional act
of giving; necessarily includes exhibiting obscene material
because when one gives away obscene pics or literature, he
has the intention and purpose of exhibiting or showing the
same to the recipient.
Pictures with slight degree of obscenity, not used for arts
sake but for commercial purposes, fall under this article.
Article 202: Vagrancy and prostitution
Penalty: arresto menor or a fine not exceed Php 200;
recidivist arresto mayor in its medium to prision
correccional in its minimum or a fine of Php 200-2000, or
both
PD 1568: If mendicant - Fine not exceed Php 500, or
imprisonment (not exceeding 2 years) or both; if convicted of
mendicancy two or more times fine not exceeding Php
1000, or imprisonment (not exceeding 4 years), or both; if
person abets by giving alms* - a fine not exceeding Php 20.00
*Giving of alms through organized agencies is not a violation
of the Mendicancy Law.
Persons Liable
1. Vagrants*
a. Any person having no apparent means of
subsistence, who has the physical ability to
work and who neglects to apply him/herself
to some lawful calling;**
b. Any person found loitering about public or
semi-public buildings or places, or traming
or wandering about the country or the
streets without visible means of support**
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 c. Any idle or dissolute person who lodges in
houses of ill-fame; ruffians or pimps and
those who habitually associate with
prostitutes.
2. Prostitutes women who, for money or profit,
habitually indulge in sexual intercourse or lascivious
conduct
*RA 10158 decriminalizes VAGRANCY
**(a) and (b) essential element: no visible means of support
Article 202 is not applicable to minors. They will undergo
appropriate counseling and treatment programs.
Mendicants [vagrant under par 1 and 2 of Article 202 who]
use begging as a means of living
If juridical person penalty on any responsible
officer who participated or knowingly permitted or
failed to prevent commission; cancellation and
revocation of registration with SEC and license to
operate.
o Owner, et al. cannot operate a similar
establishment under a different name.
If foreigner deported after serving sentence and
barred from entering country
Govt employee/official who issues/approves
documents but fail to observed rules prescribed by
law shall be made administratively liable; be
dismissed from service and barred from holding any
public office; forfeiture of retirement and other
benefits

Dissolute lax, unrestrained, immoral
Ruffian brutal violent, lawless persons
Pimp one who provides gratification for the lust of others
A maintainer of a house of prostitution may be considered a
vagrant.
Under par 3, even a millionaire can be a vagrant.
For a woman to be considered a prostitute she must (1)
habitually indulge in sexual intercourse and lascivious
conduct (2) for money or profit.
Any person who buys or engages the services of trafficked
persons for prostitutions shall be penalized:
First offense 6 mos community service and a fine
(Php 50k)
Second and subsequent offenses 1 year
imprisonment and fine (Php 100k)
Prescriptive Period: 10 years; if syndicate or in a large scale
20 years

RA 9208: Anti Trafficking in Persons Act of 2003

Trafficking recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victims
consent or knowledge, within or across national borders by
means of threat, use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position,
taking advantage of vulnerability of the person, or, the giving
or receiving of payments or benefits to achieve consent of
person to the control of another for the purpose of
exploitation, the exploitation or prostitution of others or
other forms of sexual exploitation, forced labor, slavery,
servitude or the removal or sale of organs

Maam said: If you look at RA 9208, prostitutes are considered

traffic victims and should not be made liable.

Penalties: For acts of trafficking 20 years and a fine (Php

1M-2M); for acts promoting trafficking 15 years and fine
(Php 500k-1M); for qualified trafficking life imprisonment
and fine (Php 2M-5M); for violation of confidentiality (Sec 7)
6 years and a fine (Php 500k-1M)

Criminal Law 2 Reviewer SULaw 2019 Page 47

Crimes Committed by Public Officers Art. 205 - Judgment rendered through negligence
Elements:
Art. 203 - Who are Public Officers 1. any judge
Requisites: 2. who renders judgment to any case submitted to
1. Taking part in the performance of public functions him
in the government; 3. judgment is manifestly unjust (that even a person
2. Performing in said government or in any of its with basic knowledge of the law cannot doubt the
branches' public duties as an employee, agent or subordinate injustice)
official, or any rank or class; 4. by reason of inexcusable negligence or ignorance
3. His authority to do so must be by: direct provision
of law, popular election or Maam said: Negligence suffices; malice not needed
appointment by competent authority
Note: inexcusable negligence it cannot be explained by any
Offenders: reasonable explanation
-every public servant from highest to lowest Example: Ignorance of the law
-GOCCs employees created by law but not those registered in
SEC Penalty: arresto mayor and temporary special disqualification
- based on RA 8249, presidents, directors, trustees, and
managers of all GOCCs, regardless of type, are subject to the Art. 206 - Unjust Interlocutory order
jurisdiction of the Sandiganbayan when they are involved in Elements:
graft and corruption. (People v. Sandiganbayan) 1. any judge
2. a. if knowingly renders unjust interlocutory order
Malfeasance and Misfeasance in Office with deliberate intent to cause damage, penalty is arresto
mayor in its minimum period and suspension; or
Malfeasance Doing of an act which a b. if done due to inexcusable negligence or
(see Arts 210 and public officer should not ignorance, penalty is suspension only
211) have done
Interlocutory order - not yet final as it leaves something to be
Misfeasance (see Improper doing of an act
done in the trial court with respect to the merits of the case
Arts 204 to 207) which a person might
lawfully do Art. 207 - Malicious delay in the administration of justice
Nonfeasance (see Failure of an agent to
Art 208) perform his undertaking for Elements:
the principal 1. any judge
2. there is a proceeding in his court
3. he delays the administration of justice
Art. 204 - Knowingly rendering unjust judgment 4. delay is malicious (with deliberate intent to cause
Elements: damage or to favor either party)
1. any judge Note: Malice must be proven. Malice is present where the
2. who renders judgment to any case submitted to delay is sought to favor one party to the prejudice of the
him other. Mere delay without malice is not a felony under this
3. judgment is unjust (contrary to law or not provision.
supported by evidence or both) Penalty: prision correccional in its minimum period
4. the judge knows his judgement is unjust
Nonfeasance (Article 208) - Failure of an agent to perform his
Maam said: there must be malice undertaking for the principal
Defense: Mere error in good faith.
Art. 208 - (Prevaricacion) Prosecution of offenses; negligence
Unjust judgment - one which is contrary to law or is not and tolerance
supported by the evidence, or both. Mode 1. Maliciously refraining from instituting prosecution
Note: There must be positive evidence imputing an unjust against violators of the law;
judgment; presumption will not suffice. Mode 2. Maliciously tolerating the commission of offenses.
Penalty: prision mayor and perpetual absolute disqualification
Elements:
1. any public officer whose duty is to prosecute; or
officer of the law

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 2. in dereliction of the duties of his office, does not
prosecute the criminal or tolerates the
commission of the crime (which must be proved first)
3. with malice to favor the violator of the law
Note: Officers referred here:
1) Barrio lieutenant
2) Police
3) Fiscals
Penalty: prision correccional in its minimum period and
suspension
Art. 209 - Betrayal of trust by an attorney or solicitor -
revelation of secrets
Elements:
1. attorney or solicitor
2. by any malicious breach of professional duty; or
inexcusable negligence
3. shall :
- prejudice his clients; or
- reveal his client's secrets learned from his
professional capacity (damage is not necessary);or
- undertake the defense of the opposing
party in the same case without consent of the first client
whom he formerly defended or received confidential
information
Note: Future crime is not included in the confidence that
attorneys are bound to; only past crimes are included.
Penalty: in addition to the proper administrative action,
prision correccional in its minimum period and a P200-1000
fine or both
Art. 210 - Direct Bribery
Mode 1. Agreeing to perform, or performing, in consideration
of any offer, promise, gift or present; an act constituting a
crime, in connection with the performance of his official
duties;
Mode 2. Accepting a gift in consideration of the execution of
an act which does not constitute a crime, in connection with
the performance of his official duty;
Mode 3. Agreeing to refrain, or by refraining, from doing
something which is his official duty to do, in consideration of
gift or promise.
Elements:
1. Offender is a public officer (as defined in Art. 203)
2. accepts an offer or promise or receives a gift or
present by himself or through another
3. Such offer or promise be accepted, or gift or present
received by the public officer Mode 1: With a
view of committing some crime;
Mode 2: In consideration of the execution of an act
which does not constitute a crime but must be unjust;
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Mode 3: To refrain from doing something which is his
official duty to do;
4. That act which the offender agrees to perform
or which he executes be connected with the performance of
his official duties
- No frustrated stage.
- Temporary performance of public functions is sufficient to
consider as public officer
- Gift in bribery:
- voluntarily offered by a private person who is either
solicited by a public officer or not (corruption of public
officials Art. 212); or
- offered by a private person out of fear of the
consequences should the public officer who solicited
performs his functions
- in Mode 1: actual receipt (of the gift itself) not
necessary as accepted promise or offer of the gift is sufficient.
- in Mode 2: gift must be accepted and must have
value or is capable of pecuniary estimation.
- in Mode 3: either gift or promise must be given as
consideration which is not necessary in prevaricacion.
Note: Direct bribery does not absorb Art. 208 (dereliction of
duty).
Penalties:
Mode 1 - prision mayor in its medium and maximum periods
and a fine of not less than 3x the gift's value, in addition to
the penalty of the crime agreed if committed
Mode 2 - prision correccional in its medium period and a fines
of not less than 2x the gift's value
Mode 3 - prision correccional in its maximum period to
prision mayor in its minimum period and a fine of not less
than 3x the gift's value
Art. 211 - Indirect Bribery
Elements:
1. Any public officer
2. accepts gifts
3. by reason of his office (not necessary that he
performs any act)
- No attempted or frustrated indirect bribery.
- The public officer must take the gift as his own.
- PD 46 prohibits any public official or employee to receive
directly or indirectly and for private persons to give or offer to
give any gift on any occasion including Christmas.
Note: Mere physical receipt unaccompanied by any other
sign, circumstance or act to show such acceptance is not
sufficient to convict the officer.
Maam said: in direct bribery, acceptance of the gift, not
promise; for future favor
Penalty: prision correccional in its medium and maximum
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periods, suspension and public censure
Art. 212 - A - Qualified bribery
Elements:
1. the public officer is entrusted with law enforcement
(whose official duties authorize them to arrest or
prosecute)2. refrains from arresting or prosecuting an
offender who has committed a crime* punishable by
reclusion perpetua and/or death3. in consideration of any
promise, gift or present
Note: Qualified bribery absorbs Art. 208 (dereliction of duty).
Penalty:
- reclusion perpetua and/or death which is the penalty of the
offense not prosecuted
- death if the public officer demands the gift
Note: if crime is NOT punishable by reclusion perpetua and/or
death, then it's direct bribery
Art. 212. Corruption of public officials
Elements:
1. any person
2. makes offers or promise or gives gifts or presents to a
public officer
3. that will make the public officer liable for direct bribery or
indirect bribery
There is attempted corruption of public officials when the
public officer refuses to accept gift or promise.
P.D. 749 excempts any person from prosecution or
punishment, who voluntarily gives information about any
violation of Articles 210,211,212 and other laws and
regulations punishing acts of graft, corruption and other
forms of official abuse; and who willingly testifies against the
offenders.
Chapter Three - Frauds and Illegal Exactions and
Transactions
Art. 213 - Frauds against the public treasury and similar
offenses
Punishable acts:
I. Against public treasury:
Mode 1: Entering into an agreement with any interested party
or speculator or making use of any other scheme, to default
the Government, in dealing with any person or with regard to
furnishing supplies, the making of contracts, or the
adjustment or settlement of accounts relating to public
property funds.
Consummated by merely agreeing into agreement or using
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any other scheme to defraud the government.
Not necessary that Government is actually defrauded.
Elements of Mode 1:
1. Offender is a public officer2. has taken advantage of his
office, that is, he intervened in the transaction in his official
capacity3. entered into an agreement with any interested
party or speculator or madeuse of any other scheme with
regard to:
a. Furnishing supplies
b. The making of contracts or
c. The adjustment or settlement of accounts relating to
public property or funds
II. Illegal Exactions:
Mode 2: Demanding, directly or indirectly, the payment of
sums different or larger than those authorized by law, in the
collection of taxes, licenses, fees and other imposts.
Note:
- By mere demanding an amount different, whether
bigger or smaller, than what should be paid, even if the
debtor refuses, illegal exaction is committed.
- Criminal intent must be shown that public officer
demanded the payment of sums of money knowing them to
be excessive.
- If good faith is present, there is no criminal liability.
Mode 3: Failing voluntarily to issue a receipt as provided by
law, for any sum of moneycollected by him officially, in the
collection of taxes, licenses, fees and other imposts.
Note:
- What the law requires is a receipt in the form
prescribed by law, which means official receipt.
Mode 4: Collecting or receiving directly or indirectly, by way
of payment or otherwise, things or objects of a nature
different from that provided by law, in the collection of taxes,
licenses, fees and other imposts.
Elements of Illegal Exactions:
1. Offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts.
2. He is guilty of any of mode 2,3,4.
Note: Damage to the government is not required.
Note: Public officers with such functions but are in the service
of the BIR or Bureau of Customs are NOT to be prosecuted
under the RPC but under the NIRC or the Revised
Administrative Code.
Not liable under Art 213 but liable for:
- Indirect bribery, if the sum received without
demanding is given as a gift.
- Estafa, when there is deceit in demanding greater
fee.
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Note: If illegal exaction is committed as means for
malversation, then it may be complexed with malversation.
Penalty: prision correccional in its medium period to prision
mayor in its minimum period, or P200-10,000 fine or both
Art. 214 - Other frauds
Elements:
1. Offender is a public officer2. He takes advantage of his
official position3. He commits any of the frauds or deceits
enumerated in Articles 315318 (estafa, other forms of
swindling, swindling a minor, other deceits)
Penalty: Additional penalty of temporary special
disqualification in its maximum period to perpetual special
disqualification, apart from the penalties imposed in Arts 315-
318.
Art. 215 - Prohibited transactions
Elements:
1. Offender is an appointive public officer
2. He becomes interested, directly or indirectly, in any
transaction of exchangeor speculation (ex. buying and selling
stocks* listed in the stock exchange by an official of the SEC)
3. Transaction takes place within the territory subject to his
jurisdiction4. He becomes interested in the transaction during
his incumbency
Note: Purchasing of stock or shares in a company is simple
investment and not a violation of the article.
However ,regularly buying securities for resale is speculation.
Penalty: prision correccional in its minimum period or P200-
1,000 fine or both
Art. 216 - Possession of prohibited interest by a public
officer
Who are liable:
1. Public officer who, directly or indirectly, became interested
in any contract or business in which it was his official duty to
intervene.
2. Experts, arbitrators, and private accountants who, in like
manner, took part in any contract or transaction connected
with the estate or property in the appraisal, distribution or
adjudication of which they had acted.
3. Guardians and executors with respect to the property
belonging to their wards or the estate.
Note: The mere violation of the prohibition is punished
although no fraud occurs. Intervention must be by reason of
his office.
Note: Act is punished because of the possibility that fraud
may be committed or that the officer may place his own
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interest above that of the Government or of the party which
he represents.
Penalty: arresto mayor in its medium period to prision
correccional in its minimum period or P200-1,000 fine or both
Constitutional prohibitions:
Congress CANNOT:
- personally appear as counsel;
- be interested financially in any franchise or special
privilege granted by government;
- intervene in any matter before office of
Government;
Executive CANNOT:
- hold any other office;
Constitutional Commission CANNOT:
- hold any other office,
- engage in practice of profession management of
business,
- be financially interested in a contract with or
franchise/privilege by the government.
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
ARTICLE 217 - Malversation of public funds or
property - presumption of malversation
Mode 1. Appropriating public funds or property;
Mode 2. Taking or misappropriating the same;
Mode 3. Consenting, or through abandonment or negligence,
permitting any other person to take such public funds or
property; and
Mode 4. Being otherwise guilty of the misappropriation or
malversation of such funds or property.
Elements common to all modes:
(1) Offender is a public officer;
(2) He had the custody or control of funds or property by
reason of the duties of his office;
(3) Those funds or property were public funds or property for
which he was accountable;
(4) He appropriated, took, misappropriated or consented or,
through abandonment or negligence, permitted another
person to take them
rd
Note: if 3 element is missing, he may be liable for theft or
robbery and not malversation
A private person may also commit malversation under the
following situations:
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(1) Conspiracy with a public officer in committing
malversation;
(2) When he has become an accomplice or accessory to a
public officer who commits malversation;
(3) When the private person is made the custodian in
whatever capacity of public funds or property, whether
belonging to national or local government, and he
misappropriates the same;
(4) When he is constituted as the depositary or administrator
of funds or property seized or attached by public authority
even though said funds or property belong to a private
individual.
Article 218 - failure of accountable officer to render
accounts
Elements:
(1) Offender is public officer, whether in the service or
separated therefrom by resignation or any other cause;
(2) He is an accountable officer for public funds or property;
(3) He is required by law or regulation to render account to
the Commission on Audit, or to a provincial auditor;
(4) He fails to do so for a period of two months after such
accounts should be rendered.
Note: Demand for accounting is not necessary. It is also not
essential that there be misappropriation because if present,
the crime would be malversation.
Article 219 - failure of a responsible public officer to
render accounts before leaving the country
Elements:
(1) Offender is a public officer;
(2) He is an accountable officer for public funds or property;
(3) He unlawfully leaves or attempts to leave the Philippine
Islands without securing a certificate from the Commission on
Audit showing that his accounts have been finally settled.
Note: The purpose of the law is to discourage responsible or
accountable officers from leaving without first liquidating
their accountability. It is not necessary that they really
misappropriated public funds.
ARTICLE 220 - illegal use of public funds or property
(Technical Malversation)
Elements:
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(1) Offender is a public officer;
(2) There are public funds or property under his
administration;
(3) Such fund or property were appropriated by law or
ordinance;
(4) He applies such public fund or property to any public use
other than for which it was appropriated for.
Note: Illegal use of public funds or property is also known as
technical malversation. The term technical malversation is
used because in this crime, the fund or property involved is
already appropriated or earmarked for a certain public
purpose.
Article 221 - failure to make delivery of public funds
or property
Mode 1. Failing to make payment by a public officer who is
under obligation to make such payment from government
funds in his possession; (PAYMENT)
Mode 2. Refusing to make delivery by a public officer who has
been ordered by competent authority to deliver any property
in his custody or under his administration. (PROPERTY)
Elements:
(1) Public officer has government funds in his possession;
(2) He is under obligation to either:
(a) make payment from such funds;
(b) to deliver any property in his custody or under his
administration
(3) He maliciously fails to make the payment or refuses to
make delivery.
(4) He maliciously fails to make the payment.
Article 222 - officers included in the preceding
PROVISIONS
(1) Private individual who, in any capacity, have charge of any
national, provincial or municipal funds, revenue, or property
(2) Administrator or depositary of funds or property that has
been attached, seized or deposited by public authority, even
if owned by a private individual.
Sheriffs and receivers fall under the term administrator. A
judicial administrator in charge of settling the estate of the
deceased is not covered by the article.
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Private property is included, provided it is (1) attached, (2)
seized or (3) deposited by public authority.
INFIDELITY OF PUBLIC OFFICERS
ARTICLE 223 - conniving with or consenting to evasion
Elements:
(1) Offender is a public officer;
(2) He had in his custody or charge a prisoner, either
detention prisoner or prisoner by final judgment;
(3) Such prisoner escaped from his custody;
(4) He was in connivance with the prisoner in the latters
escape. (shall consent to the escape).
Classes of prisoners involved
(1) Those who have been sentenced by final judgment to any
penalty;
(2) Detention prisoners who are temporarily held in custody
for any crime or violation of law or municipal ordinance.
This includes allowing prisoners to sleep and eat in the
officers house or utilizes the prisoners services for domestic
chores.
Note: possibility of escape not necessary; there must be
connivance
ARTICLE 224 - evasion through negligence
Elements:
(1) Offender is a public officer;
(2) He is charged with the conveyance or custody of a
prisoner or prisoner by final judgment;
(3) Such prisoner escapes through negligence. This covers
only positive carelessness and definite laxity which amounts
to deliberate non-performance of duties. The fact that the
public officer recaptured the prisoner who had escaped from
his custody does not afford complete exculpation.
The liability of an escaping prisoner:
(1) If he is a prisoner by final judgment, he is liable for
evasion of service (Art. 157)
(2) If he is a detention prisoner, he does not incur criminal
liability (unless cooperating with the offender).
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ARTICLE 225 - Escape of prisoner under the custody
of a person not a public officer
Elements:
(1) Offender is a private person;
(2) The conveyance or custody of a prisoner or person under
arrest is confided to him;
(3) The prisoner or person under arrest escapes;
(4) Offender consents to the escape, or that the escape takes
place through his negligence.
Note: If the offender who aided or consented to the
prisoners escaping from confinement, whether the prisoner
is a convict or a detention prisoner, is not the custodian, the
crime is delivering prisoners from jail under Article 156.
Note: Art. 225 not applicable if a private person was the one
who made the arrest and he consented to the escape of the
person he arrested.
ARTICLE 226 - Removal, concealment, or destruction of
documents
Elements:
(1) Offender is a public officer;
(2) He abstracts, destroys or conceals a document or papers;
(3) Said document or papers should have been entrusted to
such public officer by reason of his office;
(4) Damage, whether serious or not, to a third party or to the
public interest has been caused.
Note:
- Can only be committed by the public officer who is made
the custodian of the document in his official capacity.
- If the officer was placed in possession of the document but
it is not his duty to be the custodian thereof, this crime is not
committed.
- The document must be complete and one by which a right
could be established or an obligation could be extinguished. If
the writings are mere forms, there is no crime.
- The document may establish a right or extinguish an
obligation.
- Removal is consummated upon taking or secreting away of
the document from its usual place. It is immaterial whether or
not the illicit purpose of the offender has been accomplished.
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ARTICLE 227 - Officer breaking seal
Elements:
(1) Offender is a public officer;
(2) He is charged with the custody of papers or property;
(3) These papers or property are sealed by proper authority;
(4) He breaks the seal or permits them to be broken.
Note: In "breaking of seal", the word "breaking" should not
be given a literal meaning. Even if actually, the seal was not
broken, because the custodian managed to open the parcel
without breaking the seal.
The element of damage is not required.
ARTICLE 228 - Opening of closed documents
Elements:
(1) Offender is a public officer;
(2) Any closed papers, documents, or objects are entrusted
to his custody;
(3) He opens or permits to be opened said closed papers,
documents or objects;
(4) He does not have proper authority.
The act should not fall under 227. Damage also not
necessary.
ARTICLE 229 - Revelation of secrets by an officer
Mode 1. Revealing any secrets known to the offending public
officer by reason of his official capacity;
Elements:
(1) Offender is a public officer;
(2) He knows of a secret by reason of his official capacity;
(3) He reveals such secret without authority or justifiable
reasons;
(4) Damage, great or small, is caused to the public interest
Mode 2. Wrongfully delivering papers or copies of papers of
which he may have charge and which should not be
published.
Elements:
(1) Offender is a public officer;
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(2) He has charge of papers;
(3) Those papers should not be published;
(4) He delivers those papers or copies thereof to a third
person;
(5) The delivery is wrongful;
(6) Damage is caused to public interest.
Note:
- Espionage is not contemplated in this article since revelation
of secrets of the State to a belligerent nation is already
defined in Art 117 and CA 616.
- Secrets must affect public interest. Secrets of private
persons are not included.
- Charge: means custody or control. If he is merely
entrusted with the papers and not with the custody thereof,
he is not liable under this article.
On the other hand, if the papers do not contain secrets, their
removal for an illicit purpose is infidelity in the custody of
documents.
ARTICLE 230 - Public officers revealing secrets of
private individuals
Elements:
(1) Offender is a public officer;
(2) He knows of the secrets of a private individual by reason
of his office;
(3) He reveals such secrets without authority or justifiable
reason.
Revelation to one person is sufficient.
Damage to private individual is not necessary. The reason for
this provision is to uphold faith and trust in public service.
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC
OFFICERS
ARTICLE 231 - Open disobedience
Elements:
(1) Officer is a judicial or executive officer;
(2) There is a judgment, decision or order of a superior
authority;
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(3) Such judgment, decision or order was made within the
scope of the jurisdiction of the superior authority and issued
with all the legal formalities;
(4) He, without any legal justification, openly refuses to
execute the said judgment, decision or order, which he is duty
bound to obey.
ARTICLE 232 - Disobedience to the order of superior
officer when said order was suspended by inferior
officer
Elements:
(1) Offender is a public officer;
(2) An order is issued by his superior for execution;
(3) He has for any reason suspended the execution of such
order;
(4) His superior disapproves the suspension of the execution
of the order;
(5) Offender disobeys his superior despite the disapproval of
the suspension.
This does not apply if the order of the superior is illegal.
ARTICLE 233 - Refusal of assistance
Elements:
(1) Offender is a public officer;
(2) A competent authority demands from the offender that
he lend his cooperation towards the administration of justice
or other public service;
(3) Offender maliciously fails to do so.
Note:
- The request must come from one public officer to another. If
he receives consideration therefore, bribery is committed.
- But mere demand will fall under the prohibition under the
provision of Republic Act No. 3019 (Anti-Graft and Corrupt
Practices Act).
- Applies whether or not serious damage to the public interest
was committed.
ARTICLE 234 - refusal to discharge elective office
Elements:
(1) Offender is elected by popular election to a public office;
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(2) He refuses to be sworn in or to discharge the duties of
said office;
(3) There is no legal motive for such refusal to be sworn in or
to discharge the duties of said office.
Once an individual is elected to an office by the will of the
people, discharge of duties becomes a matter of duty, not
only a right. This only applies for elective, not appointive
officers.
Article 235 - maltreatment of prisoners
Elements:
(1) Offender is a public officer or employee;
(2) He has under his charge a prisoner or detention prisoner;
(3) He maltreats such prisoner in either of the following
manners:
(a) By overdoing himself in the correction or handling of a
prisoner or detention prisoner under his charge either
(i) By the imposition of punishment not authorized by the
regulations;
(ii) By inflicting such punishments (those authorized) in a
cruel and humiliating manner;
(b) By maltreating such prisoners to extort a confession or to
obtain some information from the prisoner.
Note:
- This is committed only by such public officer charged with
direct custody of the prisoner.
- If the public officer is not the custodian of the prisoner, and
he manhandles the latter, the crime is physical injuries.
- The offended party can either be a convict by final judgment
or a detention prisoner.
- The maltreatment does not really require physical injuries.
Any kind of punishment not authorized or although
authorized if executed in excess of the prescribed degree.
- If the maltreatment was done in order to extort confession,
the penalty is qualified to the next higher degree.
Maam said: if the crime is terrorism; the public officer is
liable to higher penalty; Sec.5 of RA 9372 applies and not the
RPC anymore
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Article 236 - anticipation of duties of a public officer
Elements:
(1) Offender is entitled to hold a public office or employment,
either by election or appointment;
(2) The law requires that he should first be sworn in and/or
should first give a bond;
(3) He assumes the performance of the duties and powers of
such office;
(4) He has not taken his oath of office and/or given the bond
required by law.
Article 237 - prolonging performance of duties and
powers
Elements:
(1) Offender is holding a public office;
(2) The period provided by law, regulations or special
provision for holding such office, has already expired;
(3) He continues to exercise the duties and powers of such
office.
The offenders here can be those suspended, separated,
declared over-aged, or dismissed.
Article 238 - abandonment of office or position
Elements:
(1) Offender is a public officer;
(2) He formally resigns from his position;
(3) His resignation has not yet been accepted;
(4) He abandons his office to the detriment of the public
service.
Note:
- For the resignation to be formal, it has to be in written form.
- The offense is qualified when the purpose of the
abandonment is to evade the discharge of duties of
preventing, prosecuting, punishing any of the crimes falling
within Title One and Chapter One of Title Three of book two
of the RPC.
Article 239 - usurpation of legislative powers
Elements:
(1) Offender is an executive or judicial officer;
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(2) That he:
(a) makes general rules or regulations beyond the scope of
his authority; or
(b) attempts to repeal a law; or
(c) suspends the execution thereof.
Arts 239-241 punish interference by public officers of the
executive or judiciary with the functions of another
department of government to keep them within legitimate
confines of their respective jurisdictions.
Legislative officers are not liable for usurpation of powers.
Article 240 - usurpation of executive functions
Elements:
(1) Offender is a judge;
(2) That he:
(a) assumes a power pertaining to the executive authorities,
or
(b) obstructs the executive authorities in the lawful exercise
of their powers.
Article 241 - usurpation of judicial functions
Elements:
(1) Offender is an officer of the executive branch of the
government;
(2) That he:
(1) assumes judicial powers, or
(2) obstructs the execution of any order or decision rendered
by any judge within his jurisdiction.
Article 242 - disobeying request for disqualification
Elements:
(1) Offender is a public officer;
(2) A proceeding is pending before such public officer;
(3) There is a question brought before the proper authority
regarding his jurisdiction, which is not yet decided;
(4) He has been lawfully required to refrain from continuing
the proceeding;
(5) He continues the proceeding.
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The disobedient officer is liable even if the jurisdictional
question is resolved in his favor.
Article 243 - orders or request by executive officer to
any judicial authority
Elements:
(1) Offender is an executive officer;
(2) He addresses any order or suggestion to any judicial
authority;
Elements:
(1) Offender is a public officer;
(2) He solicits or makes immoral or indecent advances to a
woman;
(3) Such woman is
(a) interested in matters pending before the offender for
decision, or with respect to which he is required to submit a
report to or consult with a superior officer; or

(3) The order or suggestion relates to any case or business (b) under the custody of the offender who is a warden or
coming within the exclusive jurisdiction of the courts of other public officer directly charged with the care and
justice. custody of prisoners or persons under arrest; or

The purpose is to maintain the independence of the judiciary
from executive dictations.
Article 244 - unlawful appointments
Elements:
(1) Offender is a public officer;
(2) He nominates or appoints a person to a public office;
(3) Such person lacks the legal qualifications therefore;
(4) Offender knows that his nominee or appointee lacks the
qualification at the time he made the nomination or
appointment.
This can also be covered by RA 3019.
Recommending, knowing that the person recommended is
not qualified is not a crime.
There must be a law providing for the qualifications of a
person to be nominated or appointed to a public office.
(c) the wife, daughter, sister or relative within the same
degree by affinity of the person in the custody of the
offender.
The crime is consummated by mere proposal.
The mother of the person in the custody of the public officer
is not included but the offender may be prosecuted under the
Section 28 of RA 3019 (Anti-Graft and Corrupt Practices Act).If
the offender were not the custodian, then crime would fall
under Republic Act No. 3019 (The Anti-Graft and Corrupt
Practices Act).
Solicit: means to propose earnestly and persistently
something unchaste and immoral to a woman. The advances
must be immoral or indecent.
Proof of solicitation is not necessary when there is sexual
intercourse.
Abuse against chastity is not absorbed in rape because the
basis of penalizing the acts is different from each other

Article 245 - abuses against chastity

Mode 1. Soliciting or making
to a woman interested in
offending officer for decision,
required to submit a report
officer;
immoral or indecent advances
matters pending before the
or with respect to which he is
to or consult with a superior

Mode 2. Soliciting or making immoral or indecent advances

to a woman under the offenders custody;

Mode 3. Soliciting or making immoral or indecent advances

to the wife, daughter, sister or relative within the same
degree by affinity of any person in the custody of the
offending warden or officer.

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R.A. 3019 - Anti-Graft and Corrupt Practices Act
Government includes: 1. National government 2. Local
government 3. GOCCs 4. Other instrumentalities or agencies
5. Their branches
Public officers includes elective and appointive officials and
employees, permanent or temporary, whether in the
classified or unclassified or exempt service, receiving
compensation, even nominal from the government.
Sec. 3 - Punishable Acts:
(a) Elements: Persuading, inducing, or influencing another
public officer to:
1. Perform an act constituting a violation of the Rules
and Regulations duly promulgated by
competent authority, or;
2. An offense in connection with the official duties of the
latter
- Or allowing himself to be persuaded, induced or
influenced to commit such violation or offense.
(b) Elements of this offense:
1. The offender is a public officer
2. He requested and/or received, directly or indirectly a
gift, present or consideration
3. The gift, present or consideration was for the benefit
of the said public officer or for any other person
4. It was requested and/or received in connection with a
contract or transaction with the Government
5. The public officer has the right to intervene in such
contract or transaction in his official capacity
Note: Punishes the separate acts of: 1. Requesting
2. Receiving 3. Requesting and receiving
(c) Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for himself or
for another, from any person for whom the public officer, in
any manner or capacity, has secured or obtained, or will
secure or obtain, any Government permit or license, in
consideration for the help given or to be given.
(d) Elements of this offense:
1. The public officer accepted, or having any of his
family member accept any employment in a private
enterprise
2. Such private enterprise has a pending official business
with the public officer
3. It was accepted during: i. its pendency, or
ii. Within 1 year after its termination
(e) Elements of this offense:
1. The accused must be a public officer discharging
administrative, judicial or official functions 2. He must have
acted with manifest partiality, evident bad faith or
Criminal Law 2 Reviewer SULaw 2019
inexcusable negligence
3. His action caused:
i. Any undue injury to any party, including the
government, or
ii. Giving any private party unwarranted benefits,
advantage or preference in the discharge of his
functions.
(f) Elements of this offense:
1. Offender is a public officer
2. Neglect or refusal to act without sufficient justification
after due demand or request has been made on him
3. Reasonable time has elapsed from such demand or
request without the public officer having acted on the matter
pending before him
4. For the purpose of obtaining (directly or
indirectly)from any person interested in the matter some
pecuniary or material benefit or advantage in favor of or
discriminating against any other interested party.
(g) Elements of this offense:
1. Accused is a public officer
2. The public officer entered into a contract or
transaction on behalf of the government
3. Such contract or transaction is grossly and manifestly
disadvantageous to the government
Note: Lack of public bidding and violation of
administrative orders do not by themselves satisfy
the 3rd element. The law requires the disadvantage be gross
and manifest.
(h) Elements of this offense:
Directly or indirectly having financial or pecuniary interest in
any business, contract or transaction in which he:
- Intervenes or takes part in his official capacity; or
- Is prohibited by the constitution or by law from
having any interest
Note: Intervention must be actual and in the official capacity
of the public officer.
(i) Elements of this offense:
1. Directly or indirectly becoming interested, for
personal gains, or
2. Having a material interest in any transaction or act
which:
- Requires the approval of a board, panel or group of
which he is a member and which exercises discretion in such
approval
- Even if he votes against the same or does not
participate
Interest for personal gain shall be presumed against those
public officials responsible for the approval of manifestly
unlawful, inequitable, or irregular transaction or acts by the
board, panel or group to which they belong.
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(j) Elements of this offense:
Knowingly approving or granting any license, permit, privilege
or benefit in favor of:
- Any person not qualified for or not legally entitled to
such license, permit, privilege or benefit; or
- A mere representative or dummy of one who is not
so qualified or entitled
(k) Elements of this offense:
1. Divulging valuable information of a:
- Confidential character
- Acquired by his office or by him on account of his
official position to unauthorized person
2. Or releasing such information in advance of its authorized
released date.
The following shall also be punished with the public officer
and shall be permanently or temporarily disqualified, in the
discretion of the Court, from transacting business in any form
with the Government:
1. Person giving the gift, present, share, percentage or benefit
in offense (b) and (c).
2. Person offering or giving to the public officer the
employment mentioned in (d).
3. Person urging the divulging or untimely release of the
confidential information in (k).
Sec. 4 - Prohibition on private individuals
It shall be unlawful:
1. For any person having family or close personal relation with
any public official to capitalize or exploit or take advantage of
such family or personal relation, by directly or indirectly
requesting or receiving any present, gift, material or
pecuniary advantage from any person having some business,
transaction, application, request or contract with the
government, in which such public officer has to intervene.
Family relations include the spouse or relatives by
consanguinity or affinity within 3rd civil degree.
Close Personal relations include:
a. Close personal friendship
b. Social and fraternal relations
c. Personal employment
This all gives rise to intimacy which assumes free access to
such public officer.
2. For any person to knowingly induce or cause any public
official to commit any of the offenses in Sec. 3.
Sec. 5 - Prohibition on certain relatives
Unlawful for the spouse or relative by consanguinity or
affinity within 3rd civil degree of the President, Vice
President, Senate President, or Speaker of the House to
intervene directly or indirectly in any business, transaction,
contract or application with the government.
EXCEPT:
1. Any person who prior to the assumption of office of any of
the above officials to whom he is related, has been already
Criminal Law 2 Reviewer SULaw 2019
dealing with the Government along the same line of business
2. Any transaction, contract or application already existing or
pending at the time of such assumption of public office 3. Any
application filed by him the approval of which is not
discretionary on the part of the official or officials concerned
but depends upon compliance with requisites provided by
law, or rules or regulations issued pursuant to law 4. Any act
lawfully performed in an official capacity or in the exercise of
a profession.
Sec. 6 - Prohibition on Members of Congress
1. To acquire or receive any personal pecuniary interest in any
specific business enterprise directly and particularly favored
or benefited by any law or resolution authored by the
member and previously approved or adopted by Congress
during the same term
2. To recommend the initiation in Congress the enactment or
adoption of any law or resolution by any public officer who
then acquires or receives any such interest during his
incumbency
3. To continue to retain interest by member of Congress or
other public officer for thirty days after approval of law or
resolution authored or recommended
Section 8.Prima facie evidence of and dismissal due to
unexplained wealth
A public official has been found to have acquired during his
incumbency, whether in his name or in the name of other
persons, an amount of property and/or money manifestly out
of proportion to his salary and to his other lawful income,
that fact shall be a ground for dismissal or removal.
Properties in the name of the spouse and dependents of such
public official may be taken into consideration, when their
acquisition through legitimate means cannot be satisfactorily
shown.
Section 9.Penalties for violations.
(a) for Sections 3, 4, 5 and 6: imprisonment for not less than
six years and one month nor more than fifteen years,
perpetual disqualification from public office, and confiscation
or forfeiture in favor of the Government of any prohibited
interest and unexplained wealth
(b) for Section 7: P1,000-5,000 fine, or by imprisonment not
exceeding one year and six months, or both
Violation proven in a proper administrative proceeding shall
be sufficient cause for removal or dismissal of a public officer,
even if no criminal prosecution is instituted against him.
Section 13.Suspension and loss of benefits.
Any incumbent public officer against whom any criminal
prosecution under a valid information under this Act or under
Title 7, or for any offense involving fraud upon government or
public funds or property whether as a simple or as complex
offense and in whether stage of execution and mode of
participation, is pending in court, shall be suspended from
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office.
Conviction: loss of all retirement or gratuity benefits under
any law
Acquittal: reinstatement
Section 14.Exception.
-Unsolicited gifts or presents of small or insignificant value
offered or given as a mere ordinary token of gratitude or
friendship according to local customs or usage
RA 7080: ANTI-PLUNDER ACT
Definitions:
Public Officer - any person holding any public office in the
Government of the Republic of the Philippines by virtue of an
appointment, election or contract.
4) By obtaining, receiving or accepting directly or indirectly
any shares of stock, equity or any other form of interest or
participation including promise of future employment in any
business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of
decrees and orders intended to benefit particular persons or
special interests; or
6) By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the damage and
prejudice of the Filipino people and the Republic of the
Philippines.

Government includes the National Government, and any of

its subdivisions, agencies or instrumentalities, including
government-owned or -controlled corporations and their
subsidiaries.

Person - natural or juridical person

Definition of the Crime of Plunder:

Any public officer who, by himself or in connivance

with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other
persons, amasses, acquires ill-gotten wealth through a
combination or series of such.

Ill-gotten wealth - any asset, property, business

enterprise or material possession of any person acquired by
him directly or indirectly through dummies, nominees,
agents, subordinates and/or business associates by any
combination or series of the following means or similar
schemes:

NOTE: Combination 2 or more acts; Series similar

schemes done consecutively

1) Through misappropriation, conversion, misuse, or

malversation of public funds or raids on the public treasury;

2) By receiving, directly or indirectly, any commission, gift,

share, percentage, kickbacks or any other form of pecuniary
benefit from any person and/or entity in connection with any
government contract or project or by reason of the office or
position of the public officer concerned;

3) By the illegal or fraudulent conveyance or disposition of

assets belonging to the National Government or any of its
subdivisions, agencies or instrumentalities or government-
owned or -controlled corporations and their subsidiaries;

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