TITLE ONE

I. CRIMES AGAINST NATIONAL SECURITY

Article 114
 ELEMENTS OF TREASON:
1. That the offender owes allegiance to the Government of the Philippines
2. That there is a war in which the Philippines is involved
3. That the offender either –
4. Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
4. breech of allegiance
5. adherence
6. giving aid or comfort to the enemy
5. Adheres to the enemies, giving them aid and comfort
 Ways of proving treason:
1. 2 witnesses testifying to same overt act
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to
convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict?
Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT.
2. Confession of the accused in open court. Arraignment, pre-trial, trial – OK.
1. If he has pleaded NOT guilty already during arraignment, he can still confess in open court by
stating the particular acts constituting treason.
2. During trial, simply saying “I’m guilty” is not enough.
3. Withdrawing plea of “not guilty” during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused understands is plea.
Submission of affidavit during trial, even if assisted by counsel is not enough.
 Treason: breach of allegiance to the government, committed by a person who owes allegiance to
it. Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending on
whether the person is a citizen or an alien.
 Evident premeditation, superior strength and treachery are circumstances inherent in treason, and
are, therefore, not aggravating.
 Treason cannot be committed in times of peace, only in times of war – actual hostilities. But no
need for declaration of war
 Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a
treasonable design by force (deliver the country in whole or in part to the enemy)
· Not Treasonous:

1. Acceptance of public office and discharge of official duties under the enemy does not constitute
per se the felony of treason (exception: when it is policy determining)
 2. Serving in a puppet government (ministerial functions) and in order to serve the populace is NOT
treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on Filipinos; c) it is
disadvantageous to them.
3. Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials – not
treason
4. Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed
in the Philippines.
5. Only Filipino citizens or permanent resident aliens can be held liable
6. Alien: with permanent resident status from the BID – it is neither the length of stay in the
Philippines nor the marriage with a Filipino that matters.
· On Citizenship
 Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the
accused
 Actual hostilities may determine the date of the commencement of war
 No such thing as attempted treason; mere attempt consummates the crime
 Giving aid or comfort – material element, enhances forces of the enemy country. Acts which
strengthen or tend to strengthen the enemy in the conduct of war against the traitor’s country or
that which weaken and tend to weaken the power of the same.
Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily “giving
aid and comfort.”
 Adherence and giving aid or comfort must concur together. Adherence: when a citizen intellectually
or emotionally favors the enemy and harbors convictions disloyal to his country’s policy. But
membership in the police force during the occupation is NOT treason.
Example: Giving information to, or commandeering foodstuffs for the enemy.
 Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the
circumstances surrounding the act.
 Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.
 If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may
use Art.12. No treason through negligence
 When killings and other common crimes are charged as overt act of treason, they cannot be
regarded as (1) separate crimes or (2) as complex with treason.
Article 115
CONSPIRACY TO COMMIT TREASON
 ELEMENTS:
1. In time of war
2. 2 or more persons come to an agreement to

1. levy war against the government, or

2. adhere to the enemies and to give them aid or comfort,

1. They decide to commit it

 ELEMENTS OF PROPOSAL TO COMMIT TREASON
 1. In time of war
2. A person who has decided to levy war against the government, or to adhere to the enemies and to
give them aid or comfort, proposes its execution to some other person/s.
 Mere agreement and decisions to commit treason is punishable
 Mere proposal even without acceptance is punishable too. If the other accepts, it is already
conspiracy.
Article 116
MISPRISION OF TREASON
 ELEMENTS:
1. That the offender must be owing allegiance to the government, and not a foreigner
2. That he has knowledge of any conspiracy (to commit treason) against the government
3. That he conceals or does not disclose and make known the same as soon as possible to the
governor or fiscal of the province or the mayor or fiscal of the city in which he resides
 Offender is punished as an accessory to the crime of treason
 This crime does not apply if the crime of treason is already committed
 Crime of omission
 “To report within a reasonable time” – depends on time, place and circumstance – the RPC did not
fix time.
 RPC states 4 individuals, what if you report to some other high-ranking government official? Ex.
PNP Director? Judge Pimentel says any gov’t official of the DILG is OK.
Article 117

Espionage by entering, without authority therefor, warship, fort, or naval or military

establishments or reservation to obtain any information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines.
 ELEMENTS:
1. 1. That the offender enters any of the places mentioned therein
1. 2. That he has no authority therefore;
2. That his purpose is to obtain information, plans, photographs or other data of a confidential nature
relative to the defense of the Philippines
Espionage by disclosing to the representative of a foreign nation the contents of the articles, data, or
information referred to in paragraph 1 of Article 117, which he had in his possession by reason of the
public office holds
1. ELEMENTS: That the offender is a public officer
2. That he has in his possession the articles, data or information referred to in par 1 of art 117, by
reason of the public office he holds
3. That he discloses their contents to a representative of a foreign nation
 Purpose: to gather data
 Espionage: the offense of gathering, transmitting, or losing information respecting the national
defense with the intent or reason to believe that the information is to be used to the injury of the
Philippines or the advantage of any foreign nation. It is not conditioned on citizenship.
 Not necessary that Philippines is at war with the country to which the information was revealed.
What is important is that the information related is connected with the defense system of the
Philippines.
  Wiretapping is NOT espionage if the purpose is not something connected with the defense
 See CA 616

II. CRIMES AGAINST LAWS OF NATIONS

Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
 ELEMENTS:
1. That the offender performs unlawful or unauthorized acts
2. That such acts provoke or give occasion for a war involving or liable to involve the Philippines or
expose Filipino citizens to reprisals on their persons or property
 Crime is committed in time of peace, intent is immaterial
 Inciting to war – offender is any person
 Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their
country. Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is
already reprisal.
Article 119

VIOLATION OF NEUTRALITY
ELEMENTS:
1. That there is war in which the Philippines is not involved
2. That there is a regulation issued by competent authority for the purpose of enforcing neutrality
3. That the offender violates such regulation
 Gov’t must have declared the neutrality of the Phil in a war between 2 other countries
 It is neutrality of the Phil that is violated
 Congress has the right to declare neutrality

Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1. That it is in time of war in which the Philippines is involved
2. That the offender makes correspondence with an enemy country or territory occupied by enemy
troops
3. That the correspondence is either –
1. prohibited by the government, or
2. carried on in ciphers or conventional signs, or
3. containing notice or information which might be useful to the enemy
 Circumstances qualifying the offense:

a. notice or information might be useful to the enemy

b. offender intended to aid the enemy

  Hostile country exist only during hostilities or after the declaration of war
 Correspondence to enemy country – correspondence to officials of enemy country – even if related
to you.
 It is not correspondence with private individual in enemy country
 If ciphers were used, no need for prohibition
 If ciphers were not used, there is a need for prohibition
 In any case, it must be correspondence with the enemy country
 Doesn’t matter if correspondence contains innocent matters – if prohibited, punishable
Article 121

FLIGHT TO ENEMY’S COUNTRY

 ELEMENTS
1. That there is a war in which the Philippines is involved
2. That the offender (Filipino or resident alien) must be owing allegiance to the government
3. That the offender attempts to flee or go to enemy country
4. That going to enemy country is prohibited by competent authority
 Mere attempt consummates the crime
 There must be a prohibition. If none, even if went to enemy country – no violation
 Alien resident may be guilty here.
Article 122

PIRACY
 2 Ways of Committing Piracy
1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)
2. By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of
its complement or passengers
 Elements:
1. That a vessel is on the high seas/Philippine waters
2. That the offenders are not members of its complement or passengers of the vessel
3. That the offenders –
1. attack or seize that vessel or (hence, if committed by crew or passengers, the crime is not
piracy but robbery in the high seas)
2. seize the whole or part of the cargo of said vessel, its equipment or personal belongings of
its complement or passengers
 High seas: any waters on the sea coast which are without the boundaries of the low water mark
although such waters may be in the jurisdictional limits of a foreign gov’t
 PD 532 has been already repealed
 Piracy in high seas – jurisdiction is with any court where offenders are found or arrested
 Piracy in internal waters – jurisdiction is only with Philippine courts
 For purpose of Anti-Fencing Law, piracy is part of robbery and theft
Piracy Mutiny

Unlawful resistance to a superior

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

Intent to gain is an element.

Attack from outside. Offenders are strangers to the vessel.

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

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

I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Classes of Arbitrary Detention:
1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release

Article 124
ARBITRARY DETENTION
 ELEMENTS:
1. That the offender is a public officer or employee (whose official duties include the authority to make
an arrest and detain persons; jurisdiction to maintain peace and order).
 2. That he detains a person (actual restraint).
3. That the detention was without legal grounds (cannot be committed if with warrant).
 Detention: when a person is placed in confinement or there is a restraint on his person.
 Though the elements specify that the offender be a public officer or employee, private individuals
who conspire with public officers can also be liable.
 Legal grounds for the detention of any person:
 Without legal grounds:
 Know grounds for warrantless arrest:
 For escaped prisoner – no need for warrant
 Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)
 Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X voluntarily
admitted to the officers that he did it although he was not asked. X was detained immediately.
According to the SC, there was NO arbitrary detention. Why? Because once X made a
confession, the officers had a right to arrest him.
 Continuing crime is different from a continuous crime
 Ramos v. Enrile: Rebels later on retire. According to the SC, once you have committed rebellion
and have not been punished or amnestied, then the rebels continue to engage in rebellion, unless
the rebels renounce his affiliation. Arrest can be made without a warrant because this is a
continuing crime.
1. commission of a crime
2. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital
1. he has not committed any crime or no reasonable ground of suspicion that he has committed a
crime
2. not suffering from violent insanity or any other ailment requiring compulsory confinement in a
hospital
1. Crime is about to be, is being, has been committed
2. Officer must have reasonable knowledge that the person probably committed the crime

Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
 ELEMENTS:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal grounds
3. That he fails to deliver such person to the proper judicial authority within:
1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent
2. 18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or
3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their
equivalent
 Really means delay in filing necessary information or charging of person detained in court. May be
waived if a preliminary investigation is asked for.
  Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty
complied with upon the filing of the complaint with the judicial authority (courts, prosecutors –
though technically not a judicial authority, for purposes of this article, he’s considered as one.)
 The filing of the information in court does not cure illegality of detention. Neither does it affect the
legality of the confinement under process issued by the court.
 To escape from this, officers usually ask accused to execute a waiver which should be under oath
and with assistance of counsel. Such waiver is not violative of the accused constitutional right.
 What is length of waiver? Light offense – 5 days. Serious and less serious offenses – 7 to 10 days.
(Judge Pimentel)
 Article does not apply when arrest is via a warrant of arrest
 If offender is a private person, crime is illegal detention

Arbitrary Detention
(124) Delay in Delivery of Detained (125)

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

Article 126

DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the liberation of such person
3. That the offender without good reason delays:
1. the service of the notice of such order to the prisoner, or
2. the performance of such judicial or executive order for the release of the prisoner, or
3. the proceedings upon a petition for the release of such person
 Three acts are punishable:
 Wardens and jailers are the persons most likely to violate this provision
 Provision does not include legislation
1. delaying the performance of a judicial or executive order for the release of a prisoner
2. delaying the service of notice of such order to said prisoner
3. delaying the proceedings upon any petition for the liberation of such person

Article 127

EXPULSION
ELEMENTS:
1. That the offender is a public officer or employee
2. That he expels any person from the Philippines, or compels a person to change his residence
 3. That the offender is not authorized to do so by law
 2 acts punishable:
1. by expelling a person from the Philippines
2. by compelling a person to change his residence

(The crime of expulsion absorbs that of grave coercion. If done by a private person, will amount to grave
coercion)

i.e.,Villavicencio v. Lukban: prostitutes’ case

 Does not include undesirable aliens; destierro; or when sent to prison
 If X (Filipino) after he voluntarily left, is refused re-entry – is considered forcing him to change his
address here
 Threat to national security is not a ground to expel or change his address.

Article 128

VIOLATION OF DOMICILE
ELEMENTS:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for
papers or other effects
3. That he commits any of the following acts:
1. entering any dwelling against the will of the owner thereof
2. searching papers or other effects found therein without the previous consent of such owner
3. refusing to leave the premises, after having surreptitiously entered said dwelling and after
having been required to leave the same
 Aggravating Circumstance (medium and maximum of penalty imposed):
 If the offender who enters the dwelling against the will of the owner thereof is a private individual,
the crime committed is trespass to dwelling (Art 280)
 When a public officer searched a person “outside his dwelling” without a search warrant and such
person is not legally arrested for an offense, the crime committed by the public officer is grave
coercion, if violence or intimidation is used (Art 286), or unjust vexation, if there is no violence or
intimidation (Art 287)
 A public officer without a search warrant cannot lawfully enter the dwelling against the will of the
owner, even if he knew that someone in that dwelling is having unlawful possession of opium
 3 acts punishable:
 “Being authorized by law” – means with search warrant, save himself or do some things good for
humanity
 There must be expression that entry is denied or that he is asked to leave
 Papers and effects need not be part of a crime.
1. offense committed at nighttime
2. papers or effects not constituting evidence of a crime be not returned immediately
1. person enters dwelling w/o consent or against the will
 2. person enters and searches for papers and effects
3. person entered secretly and refuses to leave after being asked to

Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause
ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING UNNECESSARY
SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or uses unnecessary severity in executing the same
 Search warrant is valid for 10 days from its date
 Search warrant is an order in writing issued in the name of the People, signed by the judge and
directed to a public officer, commanding him to search for personal property described therein and
bring it before the court
 No just cause – warrant is unjustified
 Search – limited to what is described in the warrant, all details must be with particularity
 Malicious warrant. Example. X was a respondent of a search warrant for illegal possession of
firearms. A return was made. The gun did not belong to X and the witness had no personal
knowledge that there is a gun in that place.
 Abuse examples:
1. X owner was handcuffed while search was going-on.
2. Tank was used to ram gate prior to announcement that a search will be made
3. Persons who were not respondents were searched

Article 130
 ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:
1. That the offender is a public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches the domicile, papers or other belongings of any person
4. That the owner, or any member of his family, or two witnesses residing in the same locality are not
present
 Order of those who must witness the search:
 Validity of the search warrant can be questioned only in 2 courts: where issued or where the case
is pending. Latter is preferred for objective determination.
1. Homeowner
 2. Members of the family of sufficient age and discretion
3. Responsible members of the community (can’t be influenced by the searching party)

Article 131

PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

 ELEMENTS:
1. Offender is a public officer or employee
2. He performs any of the ff. acts:
1. prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the
same (e.g. denial of permit in arbitrary manner).
2. hindering any person from joining any lawful association or from attending any of its meetings
 prohibiting or hindering any person from addressing, either alone or together with others, any
petition to the authorities for the correction of abuses or redress of grievances
 If the offender is a private individual, the crime is disturbance of public order (Art 153)
 Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or interrupting
that meeting
 Meeting is subject to regulation
 Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, it’s unjust
vexation
 Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against
the legislative body, not punishable under this article
 The person talking on a prohibited subject at a public meeting contrary to agreement that no
speaker should touch on politics may be stopped
 But stopping the speaker who was attacking certain churches in public meeting is a violation of this
article
 Prohibition must be without lawful cause or without lawful authority
 Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires
permits for meetings in public places. But if police stops a meeting in a private place because
there’s no permit, officer is liable for stopping the meeting.

Article 132
INTERRUPTION OF RELIGIOUS WORSHIP
 ELEMENTS:
1. That the officer is a public officer or employee
2. That religious ceremonies or manifestations of any religion are about to take place or are going on
3. That the offender prevents or disturbs the same
 Circumstance qualifying the offense: if committed with violence or threats
 Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or
manifestation of religion, but only a meeting of a religious sect. But if done in a private home, it’s a
religious service
  Religious Worship: people in the act of performing religious rites for a religious ceremony; a
manifestation of religion. Ex. Mass, baptism, marriage
 X, a private person, boxed a priest while the priest was giving homily and while the latter was
maligning a relative of X. Is X liable? X may be liable under Art 133 because X is a private person.
 When priest is solemnizing marriage, he is a person in authority, although in other cases, he’s not.

Article 133

OFFENDING RELIGIOUS FEELINGS

 ELEMENTS:
1. That the acts complained of were performed –
1. in a place devoted to religious feelings, or (for this element, no need of religious ceremony, only
the place is material)
2. during the celebration of any religious ceremony
2. That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt
the feelings)
3. The offender is any person
4. There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet
 If in a place devoted to religious purpose, there is no need for an ongoing religious ceremony
 Example of religious ceremony (acts performed outside the church). Processions and special
prayers for burying dead persons but NOT prayer rallies
 Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as
mocking or scoffing or attempting to damage an object of religious veneration
 There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness is
not enough.

CRIME Nature of Crime Who are Liable If Element Missing

Prohibition, Interruption Crime against the

and Dissolution of fundamental law of Public officers, If not by public officer =
Peaceful Meeting (131) the state Outsiders tumults

If by insider = unjust
vexation

If not religious = tumult

or alarms

If not notoriously

Crime against the offensive = unjust

Interruption of Religious fundamental law of Public officers, vexation
Worship (132) the state Outsiders

Public officers,
Offending the Religious Crime against public private persons, If not tumults = alarms
Feeling (133) order outsiders and scandal
 If meeting illegal at
onset = inciting to
sedition or rebellion

TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER
Article 134

REBELLION OR INSURRECTION
 ELEMENTS:
1. That there be –
1. public uprising and
2. taking arms against the government (force/violence)
2. That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws –

1. i. the territory of the Philippines or any part thereof, or

ii. any body of land, naval or other armed forces, or

2 To deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives

 Persons liable for rebellion

1. Any person who:

1. promotes

2. maintains, or

3. heads a rebellion or insurrection; or

2. Any person who, while holding any public office or employment, takes part therein by:
1. engaging in war against the forces of the government
2. destroying property or committing serious violence
3. exacting contributions or diverting public funds from the lawful purpose for which they have been
appropriated (Note: “diverting public funds” is malversation absorbed in rebellion);
4. Any person merely participating or executing the command of others in rebellion
 Success is immaterial, purpose is always political
 Rebellion used where the object of the movement is completely to overthrow and supersede the
existing government
 Insurrection refers to a movement which seeks merely to effect some change of minor importance
to prevent the exercise of gov’t authority w/ respect to particular matters or subjects
  Actual clash of arms w/ the forces of the gov’t, not necessary to convict the accused who is in
conspiracy w/ others actually taking arms against the gov’t
 Purpose of the uprising must be shown but it is not necessary that it be accomplished
 A change of government w/o external participation
 RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual participation. If there
is no public uprising, the crime is of direct assault.
 Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not
participation, there must be ACTUAL participation
 Not necessary that there is killing, mere threat of removing Phil is sufficient
 Rebellion cannot be complexed with any other crime. However, illegal possession of firearms in
furtherance of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime
such along with the crime of conspiracy or proposal to commit such
 A private crime may be committed during rebellion. Examples: killing, possessions of firearms,
illegal association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed
 If killing, robbing were done for private purposes or for profit, without any political motivation, the
crime would be separately be punished and would not be embraced by rebellion (People v.
Fernando)
 Read People v. Hernandez and Enrile v. Salazar
 Person deemed leader of rebellion in case he is unknown:
 Any person who in fact:
1. directed the others
2. spoke for them
3. signed receipts and other documents issued in their name
4. performed similar acts on behalf of the rebels

Article 134-A
COUP D E’TAT
 ELEMENTS:
1. Swift attack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
4. duly constituted authorities
5. any military camp or installation
6. communication networks or public utilities
1. other facilities needed for the exercise and continued possession of power
7. Singly or simultaneously carried out anywhere in the Philippines
1. Committed by any person or persons belonging to the military or police or holding any public
office or employment; with or without civilian support or participation
8. With or without civilian support or participation
9. Purpose of seizing or diminishing state power
 Crime may be committed by a single person, any government employee and even by civilian
  Taking up of arms not even necessary, what is important is violence, threat, intimidation, strategy
or stealth
Rebellion Coup d’etat
Treason (114) (134) (134-A) Sedition (139)

Nature of Crime against Crime against Crime against

Crime National Security Public Order Public Order Crime against Public Order

levying war
against the gov’t; Public
uprising
OR
AND
Rising publicly or
adherence and
tumultuously (caused by
giving aid or Taking up
more than 3 armed men or
comfort to arms against provided with means of
enemies the gov’t See article. violence)
Overt Acts

Deliver the gov’t Seizing or

Purpose of to enemy during diminishing
objective war See article. state power. See enumeration in article.

Article 135
Penalties
 Who are liable?
1. Any person who:
1. Promotes
2. Maintains
3. heads a rebellion or insurrection
4. engaging in war against the forces of the gov’t
5. destroying property or committing serious violence
6. exacting contributions or diverting public funds from the lawful purpose for which they have been
appropriated
2. Any person who, while holding any public office or employment, takes part therein
3. Any person merely participating or executing the command of other in a rebellion.

In Government Service Not in Government Service

Anyone who leads, directs, commands others Anyone who participates or in an manner, supports,
to undertake a coup. finances, abets, aids in a coup.
  Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to
hostilities against the armed force.
 Diverting public funds is malversation absorbed in rebellion
1. Public officer must take active part because mere silence or omission not punishable in rebellion
2. It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they
never recognized the government
3. Rebellion cannot be complexed with murder and other common crimes committed in pursuance of
the movement to overthrow the government
4. Killing, robbing etc for private persons or for profit, without any political motivation, would be
separately punished and would not be absorbed in the rebellion.

Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
 ELEMENTS:
1. 2 more persons come to an agreement to rise publicly and take arms against the government
2. For any of the purposes of rebellion
3. They decide to commit it
PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)
 ELEMENTS:
 Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization
show conspiracy to overthrow the gov’t
 The mere fact of giving and rendering speeches favoring Communism would not make the
accused guilty of conspiracy if there’s no evidence that the hearers then and there agreed to rise
up in arms against the gov’t
 Conspiracy must be immediately prior to rebellion
 If it is during the rebellion, then it is already taking part in it.
1. A person who has decided to rise publicly and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some other person/s

Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
 ELEMENTS:
 Presupposes existence of rebellion
 Must not be in conspiracy with rebels or coup plotters
 If there are means to prevent the rebellion but did not resist it, then there’s disloyalty. If there are
no means, no fault
 If position is accepted in order to protect the people, not covered by this
 The collaborator must not have tried to impose the wishes of the rebels of the people.
1. Failing to resist rebellion by all the means in their power
 2. Continuing to discharge the duties of their offices under the control of rebels
3. Accepting appointment to office under rebels

Article 138

INCITING TO REBELLION OR INSURRECTION

 ELEMENTS:
1. That the offender does not take arms or is not in open hostility against the government
2. That he incites others to the execution of any of the acts of rebellion
3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or
other representations tending to the same end
 Intentionally calculated to seduce others to rebellion
 There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134

Proposal to Commit Rebellion (136) Inciting to Rebellion (138)

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

The person who proposes the execution of

the crime uses secret means. The inciting is done publicly.

Article 139
SEDITION
 ELEMENTS:
1. That the offenders rise –
1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
3. to prevent the promulgation or execution of any law or the holding of any popular election
4. to prevent the national government, or any provincial or municipal government, or any public
thereof from freely exercising its or his functions, or prevent the execution of any administrative
order
5. to inflict any act or hate or revenge upon the person or property of any public officer or employee
6. to commit for any political or social end, any act of hate or revenge against private persons or any
social class (hence, even private persons may be offended parties)
7. to despoil, for any political or social end, any person, municipality or province, or the national
government of all its property or any part thereof
2. That they employ force, intimidation, or other means outside of legal methods
3. That the offenders employ any of those means to attain any of the following objects:
 Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the
public peace or at least such measures that evidently engenders it.
  Difference from rebellion – object or purpose of the surprising. For sedition – sufficient that uprising
is tumultuous. In rebellion – there must be taking up of arms against the government.
 Sedition – purpose may be either political or social. In rebellion – always political
 Tumultuous – caused by more than 3 persons who are armed or provided with means of violence
 Preventing public officers from freely exercising their functions
 In sedition – offender may be a private or public person (Ex. Soldier)
 Public uprising and the object of sedition must concur
 Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes committed in
that case were independent of each other.
 Preventing election through legal means – NOT sedition
 But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition
 Persons liable for sedition:
1. leader of the sedition, and
2. other persons participating in the sedition

Article 142
INCITING TO SEDITION
 ELEMENTS:
1. That the offender does not take a direct part in the crime of sedition
2. That he incites others to the accomplishment of any of the acts which constitute sedition (134)
3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons,
banners, or other representations tending to the same end (purpose: cause commotion not exactly
against the government; actual disturbance not necessary)
 Different acts of inciting to sedition:
 When punishable:
1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of
speeches, proclamations, writings, emblems etc.
2. Uttering seditious words or speeches which tend to disturb the public peace or writing, publishing,
or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly
constituted authorities thereof, which tend to disturb the public peace
3. Knowingly concealing such evil practices
1. when they tend to disturb or obstruct any lawful officer in executing the functions of his office; or
2. when they tend to instigate others to cabal and meet together for unlawful purposes
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of
the community, the safety and order of the government

II. CRIMES AGAINST POPULAR REPRESENTATION

Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES
  ELEMENTS:
1. That there be a projected or actual meeting of Congress or any of its committees or
subcommittees, constitutional commissions or committees or division thereof, or of any provincial
board or city or municipal council or board
2. That the offender who may be any persons prevents such meeting by force or fraud
 Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art
143, when the defect of the meeting is not manifest and requires an investigation before its
existence can be determined.

Article 144
DISTURBANCE OF PROCEEDINGS
 ELEMENTS:
1. That there be a meeting of Congress or any of its committees, constitutional commissions or
committees or divisions thereof, or of any provincial board or city or municipal council or board
2. That the offender does any of the following acts
1. he disturbs any of such meetings
2. he behaves while in the presence of any such bodies in such a manner as to interrupt its
proceedings or to impair the respect due it
 Complaint must be filed by member of the Legislative body. Accused may also be punished for
contempt.

Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
 Acts punishable:
1. By using force, intimidation, threats, or frauds to prevent any member of Congress from –
1. attending the meeting of the assembly or any of its committees, constitutional commissions or
committees or divisions thereof, or from
2. expressing his opinions or
3. casting his vote
2. By arresting or searching any member thereof while Congress is in a regular or special session,
except in case such member has committed a crime punishable under the code by a penalty
higher than prision mayor
Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a regular or special session
4. That the member searched has not committed a crime punishable under the code by a penalty
higher than prision mayor (1987 constitution: privilege from arrest while congress in session in all
offenses punishable by not more than 6 years imprisonment).
 Article partly inoperative because of the 1987 Constitution
III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146
ILLEGAL ASSEMBLIES
 Two (2) Types of illegal assemblies:
a. Meeting of the first form
1. Meeting, gathering or group of persons whether in a fixed place or moving
2. purpose : to commit any of crimes punishable under the code
3. meeting attended by armed persons
b. Meeting of the second form
1. Meeting, gathering or group of persons whether in a fixed place or moving
2. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
 Not all the persons present at the meeting of the first form of illegal assembly must be armed
 Persons liable for illegal assembly
 Responsibility of persons merely present at the meeting
 Presumptions if person present at the meeting carries an unlicensed firearm:
1. the organizers or leaders of the meeting
2. persons merely present at the meeting (except when presence is out of curiosity – not liable)
1. if they are not armed, penalty is arresto mayor
2. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional
1. purpose of the meeting is to commit acts punishable under the RPC
2. considered as leader or organizer of the meeting

Article 147
ILLEGAL ASSOCIATIONS
 ELEMENTS:
 Persons liable:
1. Organized totally or partially for the purpose of committing any of the crimes in RPC
2. Or for some purpose contrary to public morals
1. founders, directors and president of the association
2. mere members of the association

Illegal Assembly (146) Illegal Association (147)

Must be an actual meeting of armed persons to

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

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

Persons liable: leaders and those present Founders, directors, president and members

IV. ASSAULT, RESISTANCE AND DISOBEDIENCE

Article 148
DIRECT ASSAULT
 ELEMENTS OF THE 1 FORM OF DIRECT ASSAULT
ST

1. That the offender employs force or intimidation.

2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the
objects of the crimes of sedition. (victim need not be person in authority)
3. That there is no public uprising.
 ELEMENTS OF THE 2 FORM OF DIRECT ASSAULT:
ND

1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d)
makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent (a) is engaged in the actual
performance of official duties (motive is not essential), or that he is assaulted (b) by reason of the
past performance of official duties (motive is essential).
4. That the offender knows that the one he is assaulting is a person in authority or his agent in the
exercise of his duties (with intention to offend, injure or assault).
5. That there is no public uprising.
 Always complexed with the material consequence of the act (e.g. direct assault with murder)
except if resulting in a light felony, in which case, the consequence is absorbed
 Hitting the policeman on the chest with fist is not direct assault because if done against an agent of
a person in authority, the force employed must be of serious character
 The force employed need not be serious when the offended party is a person in authority (ex.
Laying of hands)
 The intimidation or resistance must be serious whether the offended party is an agent only or a
person in authority (ex. Pointing a gun)

Force Employed Intimidation/Resistance

Person in Authority Need not be serious Serious

Agent Must be of serious character Serious

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

Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON
(par. 1)
 ELEMENTS:
1. That a person in authority or his agent is engaged in the performance of official duty or gives a
lawful order to the offender.
2. That the offender resists or seriously disobeys such person in authority or his agent.
3. That the act of the offender is not included in the provisions of arts. 148, 149 and 150.
SIMPLE DISOBEDIENCE (par. 2)
 ELEMENTS:
1. That an agent of a person in authority is engaged in the performance of official duty gives a lawful
order to the offender.
2. That the offender disobeys such agent of a person in authority.
3. That such disobedience is not of a serious nature.

Resistant and Disobedience to a Person in

Direct Assault (148) Authority or Agents of such Person (151)

PIA or his agent must be engaged in the

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

Direct assault is committed in 4 ways – by

attacking, employing force, and seriously Committed by resisting or seriously disobeying a PIA
resisting a PIA or his agent. or his agent.

Use of force against an agent of a PIA is not so

Use of force against an agent of PIA must be serious; no manifest intention to defy the law and the
serious and deliberate. officers enforcing it.

Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:
  Persons in Authority – any person directly vested with jurisdiction, whether as an individual or as a
member of some court or governmental corporation, board or commission.
1. Barangay captain
2. Barangay chairman
3. Teachers
4. Professors
5. Persons charged with the supervision of public or duly recognized private schools, colleges and
universities
6. Lawyers in the actual performance of their professional duties or on the occasion of such
performance
 Agent of Person in Authority – any person who, by direct provision of law or by election or by
appointment by competent authority, is charged with the maintenance of public order and the
protection and security of life and property.
1. Barrio councilman
2. Barrio policeman
3. Barangay leader
4. Any person who comes to the aid of persons in authority
 Section 388 of the Local Gov’t Code provides that “for purposes of the RPC, the punong barangay,
sangguniang barangay members and members of the lupong tagapamayapa in each barangay
shall be deemed as persons in authority in their jurisdictions, while other barangay officials and
members who may be designated by law or ordinance and charged with the maintenance of public
order, protection and the security of life, property, or the maintenance of a desirable and balanced
environment, and any barangay member who comes to the aid of persons in authority shall be
deemed AGENT of persons in authority.

V. CRIMES AGAINST PUBLIC DISORDERS

Article 153
 TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:
1. Causing any serious disturbance in a public place, office or establishment
2. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the
act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious
worship).
3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place
4. Displaying placards or emblems which provoke a disturbance of public order in such place
5. Burying with pomp the body of a person who has been legally executed.
 If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public
officers, or if committed by public officers they are not participants therein, this article applies. Art
131 and 132 punishes the same acts if committed by public officers who are NOT participants in
the meeting
 The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or
seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition,
otherwise, its inciting to rebellion or sedition.
  Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence
(circumstance qualifying the disturbance/interruption) – “tumultuous in character”
Article 154
 TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES:
1. Publishing or causing to be published, by means of printing, lithography or any other means of
publication as news any false news which may endanger the public order, or cause damage to the
interest or credit of the State.
2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or
extolling any act punished by law, by the same means or by words, utterances or speeches
3. Maliciously publishing or causing to be published any official resolution or document without proper
authority, or before they have been published officially
4. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets
which do not bear the real printer’s name or which are classified as anonymous.

Article 155
 TYPES OF ALARMS AND SCANDALS:
1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place,
calculated to cause alarm or danger
2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or
prejudicial to public tranquility
3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal
amusement
4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the
act is not covered by Art 153 (tumult).
 Charivari – mock serenade or discordant noises made with kettles, tin horns etc, designed to
deride, insult or annoy
 Firearm must not be pointed at a person, otherwise, it is illegal discharge
 What governs is the result, not the intent

CRIME Nature of Crime Who are Liable

Tumults and other Disturbances

(153) Crime against Public Order Private persons, outsider

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

Article 156
 ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
1. That there is a person confined in a jail or penal establishment.
 2. That the offender removes therefor such person, or helps the escape of such person (if the
escapee is serving final judgement, he is guilty of evasion of sentence).
3. Offender is a private individual
 Prisoner may be detention prisoner or one sentenced by virtue of a final judgment
 A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here
 It may be committed through negligence
 Circumstances qualifying the offense – is committed by means of violence, intimidation or bribery.
 Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by
surprise

VI. EVASION OF SENTENCE OR SERVICE

Article 157
 ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
1. That the offender is a convict by final judgment.
2. That he is serving his sentence which consists in deprivation of liberty (destierro included)
3. That he evades the service of his sentence by escaping during the term if his sentence. (fact of
return immaterial).
 A continuing offense.
 Offenders – not minor delinquents nor detention prisoners
 If escaped within the 15 day appeal period – no evasion
 No applicable to deportation as the sentence
 Flimsy excuse for violating destierro – not acceptable
 Circumstances qualifying the offense (done thru):
1. unlawful entry (by “scaling”)
2. breaking doors, windows, gates, walls, roofs or floors
3. using picklocks, false keys, disguise, deceit, violence or intimidation
4. connivance with other convicts or employees of the penal institution

Article 158
 ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:
1. That the offender is a convict by final judgement who is confined in a penal institution.
2. That there is disorder, resulting from- 1. conflagration,

2. earthquake,

3. explosion, or

4. similar catastrophe, or
5. mutiny in which he has not participated.

1. That the offender evades the service of his sentence by leaving the penal institution where he is
confined, on the occasion of such disorder or during the mutiny.
2. That the offender fails to give himself up to the authorities within 48 hours following the insurance
of a proclamation by the chief executive announcing the passing away of such calamity.
 Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in no
case to exceed 6 months.
 Offender must escape to be entitled to allowance
 Mutiny – organized unlawful resistance to a superior officer, a sedition, a revolt
 Disarming the guards is not mutiny

Article 159
VIOLATION OF CONDITIONAL PARDON
 ELEMENTS:
1. That the offender was a convict.
2. That he was granted a conditional pardon by the chief executive.
3. That he violated any of the conditions of such pardon.
 Condition extends to special laws – violation of illegal voting
 Offender must have been found guilty of the subsequent offense before he can be prosecuted
under this Article. But if under Revised Admin Code, no conviction necessary. President has power
to arrest, reincarnate offender without trial.

VIOLATION OF PARDON ORDINARY EVASION

To evade the penalty given by the courts – disturbs

Infringement of conditions/terms of President the public order

 Two penalties provided:

1. prision correccional in its minimum period – if the penalty remitted does not exceed 6 years
2. the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years

VII. COMMISSION OF ANOTHER CRIME

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

TITLE EIGHT
I. CRIMES AGAINST PERSONS

DESTRUCTION OF LIFE
A. ELEMENTS OF PARRICIDE: (246)
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the legitimate spouse of the accused.
Notes:
1. The relationship of the offender with the victim is the essential element of the felony
2. Parents and children are not included in the term “ascendants” or “descendants”
3. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or
child may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or homicide
7. Even if the offender did not know that the person he had killed is his son, he is still liable for
parricide because the law does not require knowledge of the relationship
B. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES
Requisites:
1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18
and living with them) in the act of committing sexual intercourse with another person
2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in
the act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not
consented to the infidelity of the other spouse.
Notes:
1. Article does not define or penalize a felony
2. Not necessary that the parent be legitimate
3. Article applies only when the daughter is single
 4. Surprise: means to come upon suddenly or unexpectedly
5. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with
another person. However, it is enough that circumstances reasonably show that the carnal act is
being committed or has been committed
6. Sexual intercourse does not include preparatory acts
7. Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form
parts of one continuous act
8. The killing must be the direct by-product of the rage of the accused
9. No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover,
in case third persons caught in the crossfire suffer physical injuries, the accused is not liable. The
principle that one is liable for the consequences of his felonious act is not applicable because he is
not committing a felony
C. ELEMENTS OF MURDER: (248)
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the following qualifying circumstances
1. with treachery, taking advantage of superior strength, with the aid or armed men, or
employing means to weaken the defense or of means or persons to insure or afford
impunity
2. in consideration of price, reward or promise
3. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment
or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with
the use of any other means involving great waste or ruin
4. on occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public
calamity
5. with evident premeditation
6. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or
outraging or scoffing at his person or corpse
4. The killing is not parricide or infanticide.
Notes:
1. The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or
frustrated murder
2. Murder will exist with only one of the circumstances. The other circumstances are absorbed or
included in one qualifying circumstance. They cannot be considered as generic aggravating
circumstances
3. Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be
considered as generic aggravating circumstances
4. Treachery and premeditation are inherent in murder with the use of poison.
D. ELEMENTS OF HOMICIDE: (249)
1. That a person was killed.
2. That the accused killed him without any justifying circumstances.
3. That the accused had the intention to kill, which is presumed.
 4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of
parricide or infanticide.
Notes:
1. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is
required only in attempted or frustrated homicide
2. There is no crime of frustrated homicide through negligence
3. When the wounds that caused death were inflicted by 2 different persons, even if they were not in
conspiracy, each one of them is guilty of homicide
4. In all crimes against persons in which the death of the victim is an element, there must be
satisfactory evidence of (1) the fact of death and (2) the identity of the victim
E. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE (250)
F. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251)
1. That there be several persons.
2. That they did not compose groups organized for the common purpose of assaulting and attacking
each other reciprocally.
3. That these several persons quarreled and assaulted one another in a confused and tumultuous
manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the deceased.
6. That the person or persons who inflicted serious physical injuries or who used violence can be
identified.
Notes:
1. Tumultuous affray exists hen at least 4 persons take part in it
2. When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray
3. Persons liable are:
1. person/s who inflicted serious physical injuries
2. if it is not known who inflicted serious physical injuries on the deceased, all persons who
used violence upon the person of the victim.
G. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY: (252)
1. that there is a tumultuous affray as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of
a less serious nature only.
1. that the person responsible therefor cannot be identified.
2. That all those who appear to have used violence upon the person of the offended party are known.
H.GIVING ASSISTANCE TO SUICIDE: (253)
 Acts punishable:
1. Assisting another to commit suicide, whether the suicide is consummated or not
2. Lending his assistance to another to commit suicide to the extent of doing the killing himself.
 Notes:
1. A person who attempts to commit suicide is not criminally liable
2. A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus
in her womb was expelled, is not liable for abortion
 3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the practice of painlessly
putting to death a person suffering from some incurable disease. In this case, the person does not
want to die. A doctor who resorts to euthanasia may be held liable for murder
4. Penalty is mitigated if suicide is not successful.
I. ELEMENTS OF DISCHARGE OF FIREARMS: (254)
1. that the offender discharges a firearm against or at another person.
2. That the offender has no intention to kill that person.
 Notes:
1. The offender must shoot at another with any firearm without intention of killing him. If the firearm is
not discharged at a person, the act is not punished under this article
2. A discharge towards the house of the victim is not discharge of firearm. On the other hand, firing a
gun against the house of the offended party at random, not knowing in what part of the house the
people were, it is only alarm under art 155.
3. Usually, the purpose of the offender is only to intimidate or frighten the offended party
4. Intent to kill is negated by the fact that the distance between the victim and the offender is 200
yards
5. A person can be held liable for discharge even if the gun was not pointed at the offended party
when it fired for as long as it was initially aimed at or against the offended party.
J. ELEMENTS OF INFANTICIDE: (255)
1. That a child was killed.
2. That the deceased child was less than three days (72 hours) of age.
3. That the accused killed the said child.
Notes:
1. When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty
prescribed for parricide. If the offender is any other person, the penalty is that for murder. In either
case, the proper qualification for the offense is infanticide
2. When infanticide is committed by the mother or maternal grandmother in order to conceal the
dishonor, such fact is only mitigating
3. The delinquent mother who claims that she committed the offense to conceal the dishonor must be
of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she
has no honor to conceal
4. There is no infanticide when the child was born dead, or although born alive it could not sustain an
independent life when it was killed.
K. ELEMENTS OF INTENTIONAL ABORTION: (256)
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts
upon such pregnant woman.
3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the
accused, the fetus dies, either in the womb or after having been expelled therefrom.
4. That the abortion is intended.
L. ELEMENTS OF UNINTENTIONAL ABORTION: (257)
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
 3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus dies, either in the womb or after having been expelled
therefrom.
Notes:
1. Unintentional abortion can also be committed through negligence
1. The accused can only be held liable if he knew that the woman was pregnant
2. If there is no intention to cause abortion and neither was violence exerted, arts 256 and 257
does not apply.
M. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS:
(258)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by –
1. the pregnant woman herself
2. any other person, with her consent, or
3. any of her parents, with her consent for the purpose of concealing her dishonor.
Notes:
1. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However,
there is no litigation for the parents of the pregnant women even if their purpose is to conceal their
daughter’s dishonor
2. In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their
daughter. This is not so for art 258
N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF
ABORTIVES: (259)
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion.
4. That said physician or midwife takes advantage of his or her scientific knowledge or skill.
Notes:
1. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion.
What is punished is the act of dispensing an abortive without the proper prescription. It is not
necessary that the abortive be actually used
2. If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he
is liable as an accomplice
O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)
Acts punished:
1. Killing one’s adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making a combat although no physical injuries have been inflicted
Persons liable:
1. Principals – person who killed or inflicted physical injuries upon his adversary, or both combatants
in any other cases
2. Accomplices – as seconds
Notes:
1. Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or
more seconds of lawful age on each side, who make the selection of arms and fix all the other
conditions of the fight
2. If death results, the penalty is the same as that for homicide
P. CHALLENGING TO A DUEL: (261)
Acts punishable:
1. Challenging another to a duel
2. Inciting another to give or accept a challenge to a duel
3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel
Persons liable:
1. Challenger
2. Instigators
II. PHYSICAL INJURIES
1. A. MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for
reproduction
2. Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the
offended party, other than the essential organ for reproduction, to deprive him of that part of the
body
Elements:
1. There be a castration i.e. mutilation of organs necessary for generation
2. Mutilation is caused purposely and deliberately
Notes:
1. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be
considered as mutilation of the second kind
2. Mayhem: refers to any other intentional mutilation
1. B. SERIOUS PHYSICAL INJURIES: (263)
How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
What are serious physical injuries:
1. Injured person becomes insane, imbecile, impotent or blind
2. Injured person –
1. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or
leg
2. loses the use of any such member
3. becomes incapacitated for the work in which he had been habitually engaged
3. Injured person –
1. becomes deformed
 2. loses any other member of his body
3. loses the use thereof
4. becomes ill or incapacitated for the performance of the work in which he had been habitually
engaged in for more than 90 days
1. Injured person becomes ill or incapacitated for labor for more than 30 days (but not
more than 90 days)
Notes:
1. Serious physical injuries may be committed through reckless imprudence or simple imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate and sterility
4. Blindness requires lost of vision in both eyes. Mere weakness in vision is not contemplated
5. Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical
injuries under par 3
6. Loss of use of hand or incapacity of usual work in par 2 must be permanent
7. Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member
which is not a principal part of the body. In this respect, a front tooth is considered as a member of
the body, other than a principal member
8. Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural
means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a
dress, it would not be conspicuous and visible
9. The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth
which impaired appearance is a deformity

10. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature

11. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of
the lobule of the ear is only a deformity

12. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of
his body or use of the same

13. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the
body

14. If the injury would require medical attendance for more than 30 days, the illness of the offended party
may be considered as lasting more than 30 days. The fact that there was medical attendance for that
period of time shows that the injuries were not cured for that length of time

15. Under par 4, all that is required is illness or incapacity, not medical attendance

16. In determining incapacity, the injured party must have an avocation at the time of the injury. Work:
includes studies or preparation for a profession
17. When the category of the offense of serious physical injuries depends on the period of the illness or
incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only
be considered as slight physical injuries

18. There is no incapacity if the injured party could still engage in his work although less effectively than
before

19. Serious physical injuries is qualified when the crime is committed against the same persons
enumerated in the article on parricide or when it is attended by any of the circumstances defining the
crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is
not qualified serious physical injuries

1. C. ELEMENTS OF ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES: (264)

1. That the offender inflicted upon another person any serious physical injury
2. That it was done knowingly administering to him any injurious substances or beverages or
by taking advantage of his weakness of mind of credulity
3. He had no intent to kill
Notes:
1. It is frustrated murder when there is intent to kill
2. Administering means introducing into the body the substance, thus throwing of the acid in the face
is not contemplated.
1. D. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES: (265)
1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30
days), or needs medical attendance for the same period of time
2. That the physical injuries must not be those described in the preceding articles
Notes:
1. Circumstances qualifying the offense:
1. when there is manifest intent to insult or offend the injured person
2. when there are circumstances adding ignominy to the offense
3. when the victim is either the offender’s parents, ascendants, guardians, curators or teachers
4. when the victim is a person of rank or person in authority, provided the crime is not direct
assault
5. It falls under this article even if there was no incapacity but the medical treatment was for 13
days
1. E. SLIGHT PHYSICAL INJURIES: (266)
3 Kinds:
1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance
during the same period
2. That which did not prevent the offended party from engaging in his habitual work or which did not
require medical attendance (ex. Black-eye)
 3. Ill-treatment of another by deed without causing any injury (ex. slapping but without causing
dishonor)
1. F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against
Persons incorporated into Title 8 of the RPC to be known as Chapter 3
Elements: Rape is committed
1. By a man who have carnal knowledge of a woman under any of the following circumstances:
1. through force, threat or intimidation
2. when the offended party is deprived of reason or otherwise unconscious
3. by means of fraudulent machination or grave abuse of authority
4. when the offended party is under 12 years of age or is demented, even though none of the
circumstances mentioned above be present
5. By any person who, under any of the circumstances mentioned in par 1 hereof, shall commit
an ac of sexual assault by inserting
1. his penis into another person’s mouth or anal orifice, or
2. any instrument or object, into the genital or anal orifice of another person
Rape committed under par 1 is punishable by:
1. reclusion perpetua
2. reclusion perpetuato DEATH when
1. victim became insane by reason or on the occasion of rape
2. b. the rape is attempted and a homicide is committed by reason or on the occasion
thereof
3. DEATH when
1. homicide is committed
2. victim under 18 years and offender is:
1. parent
2. ascendant
3. step-parent
4. guardian
rd
5. relative by consanguinity or affinity with the 3 civil degree or
6. common law spouse of parent of victim
3. c. under the custody of the police or military authorities or any law enforcement or penal
institution
4. committed in full view of the spouse, parent or any of the children or other relatives within
rd
the 3 degree of consanguinity
5. victim is a religious engaged in legitimate religious vocation or calling and is personally
known to be such by the offender before or at the time of the commission of the crime
6. a child below 7 years old
7. g. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible
disease and the virus is transmitted to the victim
8. h. offender; member of the AFP, or para-military units thereof, or the PNP, or any law
enforcement agency or penal institution, when the offender took advantage of his position to
facilitate the commission of the crime
 9. victim suffered permanent physical mutilation or disability
10. j. the offender knew of the pregnancy of the offended party at the time of the commission
of the crime; and
11. k. when the offender knew of the mental disability, emotional disorder and/or physical
handicap or the offended party at the time of the commission of the crime
Rape committed under par 2 is punishable by:
1. 1. prision mayor
2. 2. prision mayor to reclusion temporal
1. use of deadly weapon or
2. by two or more persons
3. reclusion temporal – when the victim has become insane
4. reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed
5. reclusion perpetua – homicide is committed by reason or on occasion of rape
6. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above
Notes:
1. The underscored words are the amendments provided by RA 8353
2. Dividing age in rape:
1. less than 7 yrs old, mandatory death
2. less than 12 yrs old, statutory rape
3. less than 18 yrs old and there is relationship (e.g. parent etc); mandatory death