National Security Crimes in the Philippines
National Security Crimes in the Philippines
ARTICLE 115. Conspiracy and Proposal to Commit Treason — ARTICLE 118. Inciting to War or Giving Motives for Reprisals. —
Penalty. — The conspiracy or proposal to commit the crime of The penalty of reclusión temporal shall be imposed upon any public
treason shall be punished respectively, by prisión mayor and a fine officer or employee, and that of prisión mayor upon any private
not exceeding 2 million pesos, and and a fine not exceeding 1 individual, who, by unlawful or unauthorized acts provokes or gives
million pesos. occasion for a war involving or liable to involve the Philippine Islands
or exposes Filipino citizens to reprisals on their persons or property.
ARTICLE 116. Misprision of Treason. — Every person owing
allegiance to the Government of the Philippine Islands, without ARTICLE 119. Violation of Neutrality. — The penalty of prisión
being a foreigner, and having knowledge of any conspiracy correccional shall be inflicted upon anyone who, on the occasion
against them, who conceals or does not disclose and make known of a war in which the Government is not involved, violates any
the same, as soon as possible to the governor or fiscal of the regulation issued by competent authority for the purpose of
province, or the mayor or fiscal of the city in which he resides, as the enforcing neutrality.
case may be, shall be punished as an accessory to the crime of
treason.
ARTICLE 120. Correspondence with Hostile Country. — Any ARTICLE 123. Qualified Piracy. — The penalty of reclusión
person, who in time of war, shall have correspondence with an temporal to death shall be imposed upon those who commit any of
enemy country or territory occupied by enemy troops shall be the crimes referred to in the preceding article, under any of the
punished: following circumstances:
1. By prisión correccional, if the correspondence has 1. Whenever they have seized a vessel by boarding or
been prohibited by the Government; firing upon the same;
2. By prisión mayor, if such correspondence be carried on 2. Whenever the pirates have abandoned their victims
in ciphers or conventional signs; and without means of saving themselves; or
3. By
reclusión temporal, if notice or information be given 3. 3. Whenever the crime is accompanied by murder,
thereby which might be useful to the enemy. If the offender homicide, physical injuries, or rape.
intended to aid the enemy by giving such notice or
information, he shall suffer the penalty of reclusión temporal
to death.
SECTION THREE
Piracy and Mutiny on the High Seas
ARTICLE 128. Violation of Domicile. — The penalty of prisión ARTICLE 131. Prohibition, Interruption, and Dissolution of
correccional in its minimum period shall be imposed upon any Peaceful Meetings. — The penalty of prisión correccional in its
public officer or employee who, not being authorized by judicial minimum period shall be imposed upon any public officer or
order, shall enter any dwelling against the will of the owner thereof, employee who, without legal ground, shall prohibit or interrupt the
search papers or other effects found therein without the previous holding of a peaceful meeting, or shall dissolve the same.
consent of such owner, or, having surreptitiously entered said
dwelling, and being required to leave the premises, shall refuse to The same penalty shall be imposed upon a public officer or
do so. employee who shall hinder any person from joining any lawful
association or from attending any of its meetings.
If the offense be committed in the night-time, or if any papers
or effects not constituting evidence of a crime be not returned The same penalty shall be imposed upon any public officer or
immediately after the search made by the offender, the penalty employee who shall prohibit or hinder any person from addressing,
shall be prisión correccional in its medium and maximum periods. either alone or together with others, any petition to the authorities
for the correction of abuses or redress of grievances.
ARTICLE 129. Search Warrants Maliciously Obtained and Abuse
in the Service of Those Legally Obtained. — In addition to the liability
attaching to the offender for the commission of any other offense,
the penalty of arresto mayor in its maximum period to prisión SECTION FOUR
correccional in its minimum period and a fine not exceeding 1,000 Crimes Against Religious Worship
pesos shall be imposed upon any public officer or employee who
shall procure a search warrant without just cause, or, having legally ARTICLE 132. Interruption of Religious Worship. — The penalty of
procured the same, shall exceed his authority or use unnecessary prisión correccional in its minimum period shall be imposed upon
severity in executing the same. any public officer or employee who shall prevent or disturb the
ceremonies or manifestations of any religion.
ARTICLE 130. Searching Domicile Without Witnesses. — The
penalty of arresto mayor in its medium and maximum periods shall If the crime shall have been committed with violence or threats,
be imposed upon a public officer or employee who, in cases where the penalty shall be prisión correccional in its medium and
a search is proper, shall search the domicile, papers or other maximum periods.
belongings of any person, in the absence of the latter, any member
ARTICLE 133. Offending the Religious Feelings. — The penalty of
of his family, or in their default, without the presence of two witnesses
arresto mayor in its maximum period to prisión correccional in its
residing in the same locality.
minimum period shall be imposed upon anyone who, in a place
devoted to religious worship or during the celebration of any
religious ceremony shall perform acts notoriously offensive to the
feelings of the faithful.
TITLE THREE Any person who leads or in any manner directs or commands
Crimes Against Public Order others to undertake a coup d’etat shall suffer the penalty of
reclusion perpetua.
CHAPTER ONE
Rebellion, Sedition, and Disloyalty Any person in the government service who participates, or
executes directions or commands of others in undertaking a coup
d’etat shall suffer the penalty of prisión mayor in its maximum period.
ARTICLE 134. Rebellion or Insurrection. — How Committed. — Any person not in the government service who participates, or
The crime of rebellion or insurrection is committed by rising publicly in any manner supports, finances, abets or aids in undertaking a
and taking arms against the Government for the purpose of coup d’etat shall suffer the penalty of reclusion temporal in its
removing from the allegiance to said Government or its laws, the maximum period.
territory of the Philippine Islands or any part thereof of any body of
land, naval or other armed forces, or depriving the Chief Executive When the rebellion, insurrection, or coup d’etat shall be under
or the Legislature, wholly or partially, of any of their powers or the command of unknown leaders, any person who in fact directed
prerogatives. the others, spoke for them, signed receipts and other documents
issued in their name, or performed similar acts on behalf of the
ARTICLE 134-A. Coup d’etat — How Committed. — The crime of rebels, shall be deemed a leader of such rebellion, insurrection, or
coup d’etat is a swift attack accompanied by violence, coup d’etat.
intimidation, threat, strategy or stealth, directed against duly
constituted authorities of the Republic of the Philippines, or any ARTICLE 136. Conspiracy and Proposal to Commit Coup d’etat,
military camp or installation, communication networks, public Rebellion or Insurrection. — The conspiracy and proposal to commit
utilities or other facilities needed for the exercise and continued coup d’etat shall be punished, respectively, by prisión mayor in its
possession of power, singly or simultaneously carried out anywhere minimum period and a fine which shall not exceed 1 million pesos.
in the Philippines any person or persons, belonging to the military or
police or holding any public office or employment with or without The conspiracy and proposal to commit rebellion or
civilian support or participation for the purpose of seizing or insurrection shall be punished respectively by prisión correccional in
diminishing state power. its maximum period and a fine which shall not exceed 1 million
pesos and by prisión correccional in its medium period and a fine
ARTICLE 135. Penalty for Rebellion or Insurrection or coup d’etat not exceeding 400,000 pesos.
— Any person who promotes, maintains, or heads a rebellion or
insurrection, shall suffer the penalty of reclusion perpetua. ARTICLE 137. Disloyalty of Public Officers or Employees. — The
penalty of prisión correccional in its minimum period shall be
Any person merely participating or executing the commands imposed upon public officers or employees who have failed to resist
of others in a rebellion shall suffer the penalty of reclusion temporal. a rebellion by all the means in their power, or shall continue to
discharge the duties of their offices under the control of the rebels
or shall accept appointment to office under them.
ARTICLE 138. Inciting to Rebellion or Insurrection. — The penalty ARTICLE 141. Conspiracy to Commit Sedition. — Persons
of prisión mayor in its minimum period shall be imposed upon any conspiring to commit the crime of sedition shall be punished by
person who, without taking arms or being in open hostility against prisión correccional in its medium period and a fine not exceeding
the Government, shall incite others to the execution of any of the 400,000 pesos
acts specified in Article 134 of this Code, by means of speeches,
proclamations, writings, emblems, banners or other representations ARTICLE 142. Inciting to Sedition. — The penalty of prisión
tending to the same end. correccional in its maximum period and a fine not exceeding
400,000 pesos shall be imposed upon any person who, without
ARTICLE 139. Sedition — How Committed. — The crime of taking any direct part in the crime of sedition, should incite others to
sedition is committed by persons who rise publicly and tumultuously the accomplishment of any of the acts which constitute sedition, by
in order to attain by force, intimidation, or by other means outside means of speeches, proclamations, writings, emblems, cartoons,
of legal methods, any of the following objects: banners, or other representations tending to the same end, or upon
any person or persons who shall utter seditious words or speeches,
1. To prevent the promulgation or execution of any law or write, publish, or circulate scurrilous libels against the Government
the holding of any popular election; of the Philippines, or any of the duly constituted authorities thereof,
or which tend to disturb or obstruct any lawful officer in executing
2. To prevent the National Government, or any provincial the functions of his office, or which tend to instigate others to cabal
or municipal government, or any public officer thereof from and meet together for unlawful purposes, or which suggest or incite
freely exercising its or his functions, or prevent the execution rebellious conspiracies or riots, or which lead or tend to stir up the
of any administrative order; people against the unlawful authorities or to disturb the peace of
the community, the safety and order of the Government, or who
3. To inflict any act of hate or revenge upon the person
shall knowingly conceal such evil practices.
or property of any public officer or employee;
4. To
commit, for any political or social end, any act of
hate or revenge against private persons or any social class;
and
SECTION TWO As used in this Article, the word “meeting” shall be understood
Violation of Parliamentary Immunity to include a gathering or group, whether in a fixed place or moving.
ARTICLE 150. Disobedience to Summons Issued by the National A person who by direct provision of law or by election or by
Assembly, its committees or subcommittees, by the Constitutional appointment by competent authority, is charged with the
Commission, its committees, subcommittees or divisions. — The maintenance of public order and the protection and security of life
penalty of arresto mayor or a fine ranging from 40,000 to 200,000 and property, such as a barrio captain, barrio councilman, barrio
pesos, or both such fine and imprisonment, shall be imposed upon policeman and barangay leader and any person who comes to the
any person who, having been duly summoned to attend as a aid of persons in authority, shall be deemed an agent of a person
witness before the National Assembly, its special or standing in authority.
committees, the Constitutional Commissions and its committees,
subcommittees, or divisions, or before any commission or In applying the provisions of Articles 148 and 151 of this Code,
committee chairman or member authorized to summon witnesses, teachers, professors, and persons charged with the supervision of
refuses, without legal excuse, to obey such summons, or being public or duly recognized private schools, colleges, and universities,
present before any such body or committee, refuses to be sworn or and lawyers in the actual performance of their professional duties
placed under affirmation or to answer any legal inquiry or to or on the occasion of such performance, shall be deemed persons
produce any books, papers, documents, or records in his possession, in authority.
CHAPTER FIVE 1. Any
person who by means of printing, lithography, or
Public Disorders any other means of publication, shall maliciously publish as
news any false news which may endanger the public order
or cause damage to the interest or credit of the State;
ARTICLE 153. Tumults and Other Disturbances of Public Orders
— Tumultuous Disturbance or Interruption Liable to Cause 2. Any person who by the same means, shall encourage
Disturbance. — The penalty of arresto mayor in its medium period to disobedience to the law or to the constituted authorities or
prisión correccional in its minimum period and a fine not exceeding praise, justify or extol any act punished by law;
200,000 pesos shall be imposed upon any person who shall cause any
serious disturbance in a public place, office, or establishment, or shall 3. Any person who shall maliciously publish any official
interrupt or disturb public performances, functions or gatherings, or resolution or document without proper authority, or before
peaceful meetings, if the act is not included in the provisions of they have been published officially; or
articles 131 and 132.
4. Any person who shall print or publish books, pamphlets,
The penalty next higher in degree shall be imposed upon periodicals, or leaflets which do not bear the real printer's
persons causing any disturbance or interruption of a tumultuous name, or which as classified as anonymous
character.
The penalty of arresto mayor shall be imposed upon any person 1. Anyperson who within any town or public place, shall
who in any meeting, association, or public place, shall make any discharge any firearm, rocket, firecracker, or other explosives
outcry tending to incite rebellion or sedition or in such place shall calculated to cause alarm or danger;
display placards or emblems which provoke a disturbance of the
2. Any person who shall instigate or take an active part in
public order.
any charivari or other disorderly meeting offensive to another
The penalty of arresto menor and a fine not to exceed 40,000 or prejudicial to public tranquility;
pesos shall be imposed upon those persons who in violation of the
3. Any person who, while wandering about at night or
provisions contained in the last clause of article 85 shall bury with
pomp the body of a person who has been legally executed. while engaged in any other nocturnal amusements, shall
disturb the public peace; or
If the escape of the prisoner shall take place outside of said ARTICLE 159. Other Cases of Evasion of Service of Sentence. —
establishments by taking the guards by surprise, the same penalties The penalty of prisión correccional in its minimum period shall be
shall be imposed in their minimum period. imposed upon the convict who, having been granted conditional
pardon by the Chief Executive, shall violate any of the conditions of
such pardon. However, if the penalty remitted by the granting of
such pardon be higher than six years, the convict shall then suffer
CHAPTER SIX the unexpired portion of his original sentence.
Evasion of Service of Sentence
CHAPTER ONE ARTICLE 163. Making and Importing and Uttering False Coins. —
Forgeries Any person who makes, imports, or utters false coins, in connivance
with counterfeiters or importers, shall suffer:
ARTICLE 170. Falsification of Legislative Documents. — The 8. Intercalating any instrument or note relative to the
penalty of prisión correccional in its maximum period and a fine not issuance thereof in a protocol, registry, or official book.
exceeding 1.2 million pesos shall be imposed upon any person who,
without proper authority therefor alters any bill, resolution, or The same penalty shall be imposed upon any ecclesiastical
ordinance enacted or approved or pending approval by either minister who shall commit any of the offenses enumerated in the
House of the Legislature or any provincial board or municipal preceding paragraphs of this article, with respect to any record or
council. document of such character that its falsification may affect the civil
status of persons.
ARTICLE 171. Falsification by Public Officer, Employee or Notary
or Ecclesiastic Minister. — The penalty of prisión mayor and a fine ARTICLE 172. Falsification by Private Individuals and Use of
not to exceed 1 million pesos shall be imposed upon any public Falsified Documents. — The penalty of prisión correccional in its
officer, employee, or notary who, taking advantage of his official medium and maximum periods and a fine of not more than 1 million
position, shall falsify a document by committing any of the pesos shall be imposed upon:
following acts:
1. Any private individual who shall commit any of the
1. Counterfeiting or imitating any handwriting, signature falsifications enumerated in the next preceding article in any
or rubric; public or official document or letter of exchange or any other
kind of commercial document; and
2. Causing
it to appear that persons have participated in
any act or proceeding when they did not in fact so 2. Any person who, to the damage of a third party, or with
participate; the intent to cause such damage, shall in any private
document commit any of the acts of falsification
3. Attributing
to persons who have participated in an act enumerated in the next preceding article.
or proceeding statements other than those in fact made by
them; Any person who shall knowingly introduce in evidence in any
judicial proceeding or to the damage of another or who, with the
4. Making untruthful statements in a narration of facts; intent to cause such damage, shall use any of the false documents
embraced in the next preceding article or in any of the foregoing
5. Altering true dates; subdivisions of this article, shall be punished by the penalty next
lower in degree.
6. Making
any alteration or intercalation in a genuine
document which changes its meaning;
ARTICLE 173. Falsification of Wireless, Cable, Telegraph and SECTION SIX
Telephone Messages, and Use of Said Falsified Messages. — The Manufacturing, Importing and Possession of Instruments or
penalty of prisión correccional in its medium and maximum periods Implements Intended for the Commission of Falsification
shall be imposed upon officer or employee of the Government or
of any private corporation or concern engaged in the service of
sending or receiving wireless, cable or telephone message who ARTICLE 176. Manufacturing and Possession of Instruments or
utters a fictitious wireless, telegraph or telephone message of any Implements for Falsification. — The penalty of prisión correccional in
system or falsifies the same. its medium and maximum periods and a fine not to exceed 1 million
pesos shall be imposed upon any person who shall make or
Any person who shall use such falsified dispatch to the introduce into the Philippine Islands any stamps, dies, marks, or other
prejudice of a third party or with the intent of cause such prejudice, instruments or implements intended to be used in the commission of
shall suffer the penalty next lower in degree. the offenses of counterfeiting or falsification mentioned in the
preceding sections of this chapter.
Any person who, with the intention of using them, shall have in
SECTION FIVE his possession any of the instruments or implements mentioned in the
Falsification of Medical Certificates, Certificates of Merit or preceding paragraph, shall suffer the penalty next lower in degree
Service and the Like than that provided therein.
SECTION ONE
Usurpation of Authority, Rank, Title, and Improper Use of Names,
Uniforms and Insignia ARTICLE 180. False Testimony Against a Defendant. — Any
person who shall give false testimony against the defendant in any
criminal case shall suffer:
ARTICLE 177. Usurpation of Authority or Official Functions. — Any 1. The penalty of reclusión temporal, if the defendant in
person who shall knowingly and falsely represent himself to be an said case shall have been sentenced to death;
officer, agent or representative of any department or agency of the
Philippine Government or of any foreign government, or who, under 2. The penalty of prisión mayor, if the defendant shall
the pretense of official position, shall perform any act pertaining to have been sentenced to reclusión temporal or perpetua;
any person in authority or public officer of the Philippine
Government or any foreign government, or any agency thereof, 3. Thepenalty of prisión correccional, if the defendant
without being lawfuly entitiled to do so, shall suffer the penalty of shall have been sentenced to any other afflictive penalty;
prisión correccional in its minimum and medium periods. and
ARTICLE 178. Using Fictitious Name and Concealing True 4. The penalty of arresto mayor, if the defendant shall
Name. — The penalty of arresto mayor and a fine not to exceed have been sentenced to a correctional penalty or a fine, or
100,000 pesos shall be imposed upon any person who shall publicly shall have been acquitted.
use a fictitious name for the purpose of concealing a crime,
evading the execution of a judgment or causing damage. In cases provided in subdivisions 3 and 4 of this article the
offender shall further suffer a fine not to exceed 200,000 pesos.
Any person who conceals his true name and other personal
circumstances shall be punished by arresto menor or a fine not to ARTICLE 181. False Testimony Favorable to the Defendant. —
exceed 40,000 pesos. Any person who shall give false testimony in favor of the defendant
in a criminal case, shall suffer the penalties of arresto mayor in its
ARTICLE 179. Illegal Use of Uniforms or Insignia. — The penalty maximum period to prisión correccional in its minimum period and
of arresto mayor shall be imposed upon any person who shall a fine not to exceed 200,000 pesos, if the prosecution is for a felony
publicly and improperly make use of insignia, uniforms or dress punishable by an afflictive penalty, and the penalty of arresto
pertaining to an office not held by such person or to a class of mayor in any other case. Cd
persons of which he is not a member.
Rep
ARTICLE 182. False Testimony in Civil Cases. — Any person
found guilty of false testimony in a civil case shall suffer the penalty
of prisión correccional in its minimum period and a fine not to
exceed 1.2 million pesos, if the amount in controversy shall exceed
1 million pesos, and the penalty of arresto mayor in its maximum
period to prisión correccional in its minimum period and a fine not
to exceed 200,000 pesos, if the amount in controversy shall not
exceed said amount or cannot be estimated.