Criminal Law 2 Reviewer

TITLE 1: Crimes against

National Security and the Law
Nations
ARTICLE 115 – CONSPIRACY AND
ARTICLE 114 – TREASON PROPOSAL TO COMMIT TREASON

Elements: - Conspiracy to commit treason –

meeting of two or more persons
1. The offender is by birth, a Filipino who come to an agreement to
Citizen or an alien residing in the commit treason and decide to
Philippines. commit it

2. That there is a war in which the - Proposal to commit treason – a

Philippines is involved. person has decided to commit
treason and proposes its
3. That the offender either— execution to other person or
persons.
o Levies war against the
Philippine government
ARTICLE 116 – MISPRISION OF
o Adheres to the enemies by TREASON
giving them aid or comfort
- Every person owing allegiance to
Proving treason under Article 114: the Government of the Philippine
Islands, without being a foreigner,
a. Two witness Rule and having knowledge of any
conspiracy against them,
b. Confession of the offender or conceals or does not disclose
accused made in an open court 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 which
he resides, as the case may be
shall be punished as an
accessory to the crime of
treason.

Lee, Won D.
 - TREASON can be committed
both by Filipino citizens and a ARTICLE 118 –INCITING TO WAR OR
foreigner temporarily residing in GIVING MOTIVES FOR REPRISALS
the Philippines.
Elements:

- MISPRISION OF TREASON can 1. That the offender performs

only be committed by a Filipino unlawful or unauthorized acts by
citizen who owes permanent the Philippine government.
allegiance to the Philippine
government. It cannot be 2. That the said act provokes or
committed by a foreigner residing gives occasion for a war involving
in the Philippines. or liable to involve the Philippines
or exposes Filipino citizens to
ARTICLE 117 – ESPIONAGE reprisals on their persons and
property while they are in a
TWO WAYS OF COMMITTING foreign country.
ESPIONAGE
3. He is not legally authorized to do
1. By entering, without authority so
therefor, a warship, fort, or naval
or military establishment or Note: Committed in times of peace.
reservation to obtain any
information, plans, photographs ARTICLE 119 – VIOLATION OF
or other data of a confidential NEUTRALITY
nature, relative to the defense of
the Philippines Elements:

2. By disclosing to the 1. The crime is committed when

representative of a foreign nation there is a war but the Philippines
the contents of the articles, data is not involved in the said war
or information referred to in
paragraph No. 1 of art. 117, 2. The competent authority issued a
which he had in his possession regulation for the purpose of
by reason of the public office he enforcing neutrality among
holds. Filipino citizens

Note: Espionage can be committed in 3. The offender violates such

both times of peace and in times of war regulation imposed

Lee, Won D.
Note: There is a war but the Philippines
is not involved in it. 4. That going to the enemy country
is prohibited by a competent
ARTICLE 120 – CORRESPONDENCE authority
WITH HOSTILE COUNTRY
Note: It can be committed by a Filipino
Elements: citizen or a foreigner. The law does not
require that he owes permanent
1. That it is in time of war in which allegiance to the Government.
the Philippines is involved.
Four crimes against the law of nations:
2. That the offender makes
correspondence with an enemy 1. Piracy
country or any territory occupied
by enemy troops. 2. Mutiny

3. That the correspondence is either 3. Qualified Piracy

—
4. Qualified Mutiny
a. Prohibited by the Philippine
Government
b. Carried out in ciphers or ARTICLE 122 – PIRACY
conventional signs
c. notice or information which Elements:
might be useful to the enemy
1. The vessel is on the high seas or
ARTICLE 121 – FLIGHT TO ENEMY'S on Philippine waters.
COUNTRY
2. The offenders are not members
Elements: of the complement or passengers
of the vessel.
1. That there is a war in which the
Philippines is involved.
3. The offenders either:
2. That the offender must be owing
allegiance to the Philippine a. The offenders either attack
Government. or seize the vessel

3. That the offender attempts to flee b. The offenders either seize

or go to enemy's country. in whole or in part the
cargo, the equipment, or
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 the personal belongings of Defines terrorism as:
the passengers or
members of the - Engaging in acts intended to
complement. cause extensive interference
with, damage, or destruction to
ARTICLE 122 –MUTINY critical infrastructure;
- Engaging in acts intended to
Elements: cause extensive damage or
destruction to a government or
1. The vessel is either on the high public facility, public place, or
seas or on Philippine waters. private property

2. The offenders are members of - Engaging in acts intended to

the complement or passengers of cause extensive interference
the vessel with, damage, or destruction to
critical infrastructure
3. The offenders raise a commotion
or disturbance on the board the - Developing, manufacturing,
ship against the lawful command possessing, acquiring,
of the captain or the commander transporting, supplying, or using
of the ship. weapons

ARTICLE 123 – QUALIFIED PIRACY - Releasing dangerous substances

or causing fire, floods or
Circumstances for qualified piracy explosions when the purpose is
to intimidate the general public,
1. Whenever the offender have create an atmosphere to spread
seized a vessel by boarding or a message of fear, provoke or
firing upon the same. influence by intimidation the
government or any international
2. Whenever the offenders have organization, seriously destabilize
aband0ned their victims without or destroy the fundamental
means of saving themselves political, economic, or social
structures in the country, or
3. Whenever the crime is create a public emergency or
accompanied by murder, seriously undermine public
homicide, physical injuries, or safety.
rape.

PD 532 Anti-Piracy Act

RA 11479 Anti-Terrorism Law

Lee, Won D.
 - Under PD 532, piracy is 3. By carrying or loading on board a
committed by attacking or seizing PASSENGER AIRCRAFT
the vessel or seizing in whole or operating as a public utility in the
in part the cargo, equipment or Philippines materials or
personal belongings of the substances which are explosive,
members of the complement or flammable, corrosive or
passengers of the vessel poisonous
IRRESPECTIVE of the value
thereof, committed by means of 4. By shipping, carrying or loading
force and violence and committed on board a CARGO AIRCRAFT
by any person whether he may a operating as a public utility in the
member of the complement or Philippines materials or
passenger of the vessel or substances which are explosive,
strangers to the vessel BUT the flammable, corrosive or
vessel is on Philippine waters. poisonous in a manner not in
Therefore, for PIRACY UNDER accordance with the rules and
PD 532 to arise, it necessary that regulations of the Air
the vessel is on Philippine Transportation Office
waters.
Note: If the vessel is on the high seas, TITLE 2: Crimes against the
immediately rule out PD 532. Fundamental Law of the State

ARTICLE 124 – ARBITRARY

RA 6235 Anti-Hijacking Law
DETENTION BY DETAINING A
PERSON WITHOUT LEGAL GROUND
Four prohibited acts under RA 6235.

Elements:
1. By compelling the pilot of an
aircraft of Philippine registry to 1. That the offender is a public
change its course or destination officer or employee.
OR by seizing or usurping control Note: those who have been vested
thereof while it is in flight with authority to effect arrest and
detain a person or at least to cause
2. By compelling an aircraft of the detention of a person.)
foreign registry to land in
Philippine territory OR by seizing 2. That he detains a person.
or usurping control thereof while
the same is in Philippine territory 3. That the detention is without legal
ground.

Lee, Won D.
Detention without legal grounds under
Article 124 Elements:

- When the said offended party 1. The offender here is a public

was arrested without a warrant of officer or employees vested with
arrest. authority to effect arrest and
detain a person.
- When the said offended party
was arrested and his arrest and 2. That offender has detained a
detention does not fall under any person for some legal ground
of the circumstances of a valid
warrantless arrest. 3. That the offender failed to deliver
the person arrested to the proper
- When he is not suffering from judicial authorities within 12, 18
violent insanity or any other or 36 hours.
ailment which requires
compulsory confinement. Note: Delivery means constructive
delivery or legal delivery, meaning, the
filing of the appropriate case before the
Valid grounds for detention proper court. That is delivery to proper
judicial authorities - filing of the case
- If the person was received and before the proper court.
detained by virtue of a warrant of
arrest. ARTICLE 126 – ARBITRARY
DETENTION BY DELAYING THE
- If a person was arrested and RELEASE OF PRISONERS DESPITE
detained under any of the THE JUDICIAL OR EXECUTIVE
circumstances for a valid ORDER TO DO SO
warrantless arrest
Elements:
- If a person was suffering violent
insanity or any illness which 1. The offender is a public officer or
requires compulsory employee
confinement.
2. That there is a judicial or
executive order for the release of
ARTICLE 125 – ARBITRARY the prisoner or detention
DETENTION BY FAILING TO DELIVER prisoner, or that there is a
THE DETAINED PERSON TO THE proceeding upon a petition for the
PROPER JUDICIAL AUTHORITIES liberation of such person.
WITHIN 12, 18 OR 36 HOURS

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 3. That the offender without 2. He was not authorized by a
good/valid reason delays judicial order to enter the dwelling
and/or make a search therein for
a. The service of the notice papers or other effects
of such order to the
prisoner 3. He either:

b. The performance of such a. Enters the dwelling of

judicial or executive order another against the will of
for the release of the the latter
prisoner b. Searching for papers or
other effects found therein
c. The proceeding upon a without the consent of the
petition for the release of owner
such person. c. After having surreptitiously
entered the dwelling, being
ARTICLE 127 – EXPULSION discovered and asked to
leave, he refuses to leave
Elements:
Different modes of violation of domicile:
1. Offender is a public officer or
employee a. By entering any dwelling against
2. The public officer or employee the will of the owner thereof
acts either: o Implied opposition – the
a. By expelling a person from door is closed, although it
the Philippines is not locked. I
b. By compelling a person to o Expressed prohibition –
change his residence when the owner is inside
3. Offender is not authorized to do the house and the officer
so by law knocks upon the door and
upon seeing the officer,
the owner closes the door.
b. By searching papers or other
ARTICLE 128 – VIOLATION OF effects found therein without the
DOMICILE previous consent of the owner
c. By refusing to leave the
Elements: premises, after having
surreptitiously entered the
1. The offender is a public officer or dwelling
employee

Lee, Won D.
ARTICLE 129 – SEARCH WARRANTS
MALICIOUSLY OBTAINED AND Note: A search warrant is valid only for a
ABUSE IN THE SERVICE OF THOSE period of 10 days from the date of its
LEGALLY OBTAINED issuance appearing on the search
warrant.
1. By procuring a search warrant
without just cause ARTICLE 130 – SEARCHING
2. By exceeding his authority or by DOMICILE WITHOUT WITNESSES
using unnecessary severity in
executing a search warrant Elements:
legally procured
1. Offender is a public officer or
Note: Search Warrant - is an order in employee
writing, issued in the name of the 2. He is armed with a search
People of the Philippines, signed by a warrant legally procured
judge and directed to a peace officer, 3. He searches the domicile,
commanding him to search for personal papers, or other belongings of
property described therein and to bring any person
to court the particular things to be 4. The owner or any member of his
seized. family or two witnesses residing
in the same locality are not
Requisites to a valid search warrant: present
1. It is required that it is for one
specific offense. Hierarchy:
2. There must be probable cause 1. Owner
3. The said probable cause was 2. Any member of his family
determined by the issuing judge 3. Two witnesses residing in the
personally through searching same locality
questions and answers in writing,
under oath or affirmation as the ARTICLE 131 – PROHIBITION,
testimony given by applicant of INTERRUPTION AND DISSOLUTION
the said search warrant or any OF PEACEFUL MEETINGS
witnesses he may produce.
4. The applicant of the search Elements:
warrant and his witnesses must 1. The offender is a public officer or
testify only as to facts personally employee
known to them 2. The offender committed any of
5. The said search warrant must the following acts:
specifically state the place to be a. By prohibiting or by
searched and the thing to be interrupting, dissolving,
seized. without legal ground, the
Lee, Won D.
 holding of a peaceful any religion that is about to take
meeting, or by dissolving place or are going on.
the same. (any peaceful
meeting) Note: It is a QUALIFYING
b. By hindering any person CIRCUMSTANCE if the offender makes
from joining any awful use of violence or threats in committing
association or from the crime, such use of violence or
attending any of its threats would not constitute a separate
meetings. and distinct charge. Rather it is
c. For the crime to arise, it is considered as an aggravating or
necessary that the qualifying circumstance which would
meeting that was mean an imposition of a higher penalty
prevented, interrupted or
dissolved must be a ARTICLE 133 – OFFENDING THE
peaceful meeting and it RELIGIOUS FEELINGS
must be for any lawful
purpose. If the meeting is Elements:
not a peaceful meeting or 1. Committed by a public officer or
if the meeting is not for employee or a private individual.
lawful purpose, a public 2. That the acts must be notoriously
officer or employee has all offensive to the feelings of the
the rights to prevent, faithful.
interrupt or dissolve the 3. The said offender performs acts:
said meeting. a. In a place devoted to
religious worship
b. During the celebration of
any religious ceremony.
ARTICLE 132 – INTERRUPTION OF III. TITLE 3: Crimes against
RELIGIOUS WORSHIP Public Order

Elements: ARTICLE 134 - REBELLION OR

1. This is committed by an offender INSURRECTION
who is again a public officer or
employee. Elements:
2. Then there is a religious 1. That there must be (a) public
ceremony or manifestations of uprising, and (b) taking up arms
any religion that is about to take against the Government
place or are going on. 2. That the purpose of the uprising
3. Then there is a religious or movement is either
ceremony or manifestations of

Lee, Won D.
 a. To remove from the ARTICLE 135 – PENALTY FOR
allegiance to said REBELLION, INSURRECTION, OR
Government or its laws: COUP D’ETAT
i. The territory of the
Who are liable:
Philippines or any
part thereof - THE LEADERS – Any person
ii. Any body of land, who:
naval or other o Promotes
armed forces o Maintains
b. To deprive the Chief o Heads a rebellion or
Executive or Congress, insurrection
wholly or partially, of any
- THE PARTICIPANTS – Any
their powers or
person who:
prerogatives o Participates-
o Executes the commands
ARTICLE 134-A – COUP D’ETAT of others in rebellion or
insurrection
Elements:
1. That the offender is a person or ARTICLE 136 – CONSPIRACY AND
persons belonging to the military PROPOSAL TO COMMIT COUP
or police or holding any public D’ETAT, REBELLION OR
office or employment INSURRECTION
2. That it is committed by means of
a swift attack accompanied by - There is CONSPIRACY to
violence, intimidation, threat, commit rebellion when two or
strategy or stealth more persons come into an
3. That the attack is directed agreement concerning the
against: commission of rebellion (to rise
a. Duly constituted publicly and take arms against
authorities of the Republic the Government to any of the
of the Philippines purposes of rebellion) and decide
b. Or any military camp or to commit it
installation
c. Communication networks - There is PROPOSAL to commit
d. Public utilities rebellion when a person who
e. Other facilities needed for decides to commit rebellion
the exercise and continued proposes its execution to another
possession of power person it is necessary that the
other person would not agree, if
that person agree, then it is

Lee, Won D.
 already conspiracy to commit
rebellion Elements:

ARTICLE 137- DISLOYALTY OF 1. That the offender rise (1) publicly,

PUBLIC OFFICERS OR EMPLOYEES and (2) tumultuously
2. That they employ force,
Elements: intimidation or other means
outside of legal methods
1. Offender must be a public officer 3. That the offenders employ any of
or employee. those means to attain any of the
2. Acts of disloyalty which are following objectives:
punished
a. To prevent the
a. By failing to resist a
rebellion by al the means promulgation or execution
in their power of any law or the holding of
b. By continuing to discharge any popular election
the duties of their offices b. To prevent the National
under the control of the Government, or any
rebels provincial or municipal
c. By accepting appointment
government, or any public
to office under them
officer thereof from freely
ARTICLE 138 – INCITING TO exercising its or his
REBELLION OR INSURRECTION functions, or prevents the
execution of any
Elements: administrative order
c. To inflict any act of hate or
1. It is committed by any person revenge upon the person
who does not take up arms or is or property of any public
not in open hostility with the officer or employee
Government d. To commit, for any political
2. He incites others to uprise for any or social end, any act of
of the purposes of rebellion hate or revenge against
(incite others to the execution of private persons or any
any of the acts of rebellion social class
3. By means of speeches, e. To despoil, for any political
proclamations, writings, or social end, any person,
emblems, banners or other municipality or province or
representations tending to the the National Government
same end. of all its property or any
part thereof.
ARTICLE 139 – SEDITION

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Note: There is a public uprising again 3. By means of speeches,
BUT NO TAKING UP OF ARMS but it is proclamations, writings,
done tumultuously by means of force, emblems, cartoon, banners, or
intimidation or any other means outside other representation tending to
the legal methods the same end.

ARTICLE 140- PENALTY FOR

SEDITION ARTICLE 143 – ACTS TENDING TO
PREVENT THE MEETING OF THE
Who are liable: ASSEMBLY AND SIMILAR BODIES

a. Leader of the sedition - prision Elements:

mayor in its minimum period and
a fine not exceeding two million 1. There is a there is a projected or
pesos actual meeting of the Congress
b. Other persons participating in the or constitutional committees or
sedition - prision correccional in provincial board or city or
its maximum period and a fine municipal council or board
not exceeding one million pesos
2. The offender, by means of force
or fraud, prevents such meeting
ARTICLE 141 – CONSPIRACY TO
COMMIT SEDITION
Note: The offender here is any person:
he may be a private individual, public
- There is a crime of conspiracy to
officer or employee
commit sedition but not proposal
to commit sedition.
-
Note: A proposal to commit sedition is
not a punishable act under the RPC
ARTICLE 144 – DISTURBANCE OF
ARTICLE 142 – INCITING TO
PROCEEDINGS
SEDITION
Elements:
ELEMENTS:
1. There is a meeting of Congress
1. The offender is not a participant
or of any of its committees or
(does not take direct part) in the
subcommittees, constitutional
crime of sedition
commissions or committees or
2. He incites others to uprise for any
divisions thereof, or of any
of the purposes of sedition
provincial board or city or
municipal council or board
Lee, Won D.
 2. The offender either: commissions or committees or
a. disturbs any of such divisions thereof , from
proceedings expressing his opinions or
b. he behaves while in the casting his vote
presence of such
proceedings in such a 2. Penalty: Prision Correccional –
manner as to interrupt the can only be committed by a
proceedings or impair the public officer or employee who
respect due it. shall, while the Congress is in
regular or special session, arrest
Note: It is necessary that the offender, or search any member thereof,
who was present in the meeting, either except in case such member has
he disturbs the said proceeding, or while committed a crime punishable
being there, he performed an act which under this Code by a penalty
impair the respect due to them or which higher than prision mayor.
interrupted the said proceeding.
Elements:

1. Offender should be only a public

officer or employee and not any
individual because any individual
cannot make a search or arrest a
member of the Congress.
2. The offender arrests or searches
the member of Congress
3. At the time of the arrest, the
member of Congress, the
Congress must be in its regular
ARTICLE 145 – VIOLATION OF or special session.
PARLIAMENTARY IMMUNITY 4. The said member of Congress
has committed a crime which is
1. Penalty: Prision Mayor – not higher than Prision Mayor.
committed by any person who by
means of force, intimidation, ARTICLE 146 – ILLEGAL ASSEMBLY
fraud or threat, or any other
means and by said means, he Two kinds of Illegal Assembly\
tried to prevent any member of
the Congress either from 1. Any meeting attended by
attending any meeting of the armed persons for the
Congress or its committees or purpose of committing any
subcommittees, constitutional
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 of the crimes punishable Two Kinds:
under the RPC
1. Associations totally or partially
Elements: organized for the purpose of
committing any of the crimes
1. That there be a meeting, a punishable under the Code.
gathering or group of persons, 2. Associations totally or partially
whether in fixed place or moving organized for some purpose
2. The meeting is attended by contrary to public morals
armed persons
3. The purpose of the meeting is to ARTICLE 148 – DIRECT ASSAULT
commit any of the crimes
punishable under the Code Two Forms:

2. Any meeting in which the 1. Without public uprising, by

audience, whether armed employing FORCE or
or not, is incited to the INTIMIDATION for the attainment
commission of the crime of of any of the purposes
treason, rebellion or enumerated defining the crimes
insurrection, sedition or of rebellion and sedition
assault upon a person in
authority or his agents Elements:

1. The offender employs

force or intimidation
2. AIM of the offender is to
attain any of the purposes
Elements: of the crime of rebellion or
any of the objects of the
1. There is a meeting, a gathering crime of sedition
or group of persons, whether in a 3. There is no public uprising
fixed place or moving
2. The audience, whether armed or 2. Without public uprising, by
not, is incited to the commission ATTACKING, by EMPLOYING
of the crime of treason, rebellion, FORCE, or by SERIOUSLY
or insurrection, sedition or direct INTIMIDATING or SERIOUSLY
assault RESISTING any person in
authority or any of his agents,
ARTICLE 147 – ILLEGAL while in the performance of
ASSOCIATIONS official duties, or on the occasion
of such performance.
Lee, Won D.
 2. A person comes to the aid of
Elements: such agent
3. Offender makes use of force or
1. The offender intimidation upon such person
a. Makes an attack coming to the aid of the agent.
b. Employs force
c. Makes a serious ARTICLE 150 – DISOBEDIENCE TO
intimidation SUMMONS ISSUED BY THE
d. Makes a serious NATIONAL ASSEMBLY, ITS
resistance COMMITTEES OR SUBCOMMITTTES,
2. Requires that the BY THE CONSTITUTIONAL
assault is against a COMMISSIONS, ITS COMMITTEES,
person in authority or SUBCOMITTEES OR DIVISIONS
an agent of a person in
authority Acts punished:

QUALIFIED DIRECT ASSAULT 1. By refusing, without legal excuse,

to obey summons issued by the
Three circumstances: Congress or any of its extensions
or any of its standing committees
1. When the assault is committed by or subcommittees, by the
means of a weapon Constitutional Commissions, its
2. When the offender is a public committees, subcommittees or
officer or employee any other body which has the
3. When the offender lays hands power to issue summons
upon a person in authority 2. By refusing to be sworn or placed
under affirmation while being
Note: before such legislative or
COMPLEX CRIME OF DIRECT constitutional body or official.
ASSAULT- Whenever the crime of direct 3. By refusing to answer any legal
assault is committed, and there is a inquiry or to produce any books,
resulting felony. papers, documents, or records in
his possession, when required by
ARTICLE 149 – INDIRECT ASSAULT them to do so in the exercise of
their functions
Elements: 4. By refusing another from
attending as a witness in such
1. An AGENT of a person in legislative or constitutional body.
authority is the victim of any of 5. By inducing disobedience to a
the forms of direct assault summons or refusal to be sworn
defined in Article 148. by any such body or official.
Lee, Won D.
 2. The offender disobeys such
ARTICLE 151 – RESISTANCE AND order of the agent
DISOBEDIENCE TO A PERSON IN 3. Such disobedience is not
AUTHORITY OR THE AGENTS OF serious in nature
SUCH PERSON
ARTICLE 152 – PERSONS IN
Two acts: AUTHORITHY AND AGENTS OF
PERSONS IN AUTHORITY
1. RESISTANCE AND SERIOUS
DISOBEDIENCE Persons in authority:
1. Municipal Mayors
Elements 2. Division Superintendent of
1. The person in authority or his schools
agent 3. Public and private school
a. is engaged in the teachers
performance of official 4. Teacher-nurse
duty 5. President of the sanitary division
b. gives a lawful order to 6. Provincial Fiscal
the offender 7. Judges
2. Offender resists or seriously 8. Lawyers in actual performance of
disobeys such person in duties
authority or his agent 9. Sangguniang Bayan member
3. That such resistance or 10. Barangay Chairman
disobedience will not amount
to Agents of persons in authority:
a. direct assault - People charged with
b. indirect assault o The maintenance of public
c. disobedience to order;
summons issued by o The protection and
Congress security of life and
property
2. SIMPLE DISOBEDIENCE

Elements: ARTICLE 153 – TUMULTS AND

1. An AGENT of a person in OTHER DISTURBANCES
authority
a. is engaged in the Acts punished:
performance of official
duty
b. gives a lawful order to
the offender
Lee, Won D.
 1. Causing any serious 3. By maliciously publishing or
disturbances in a public place, causing to be published any
office or establishment official resolution or document
2. Interrupting or disturbing without proper authority, or
performances, functions or before they have been published
gatherings, or peaceful meetings, officially.
if the act is not included in Arts. 4. By printing, publishing, or
131 and 132 distributing (or causing the same)
3. Making any outcry tending to books, pamphlets, periodicals, or
incite rebellion or sedition in any leaflets which do not bear the real
meeting, association, or public printer’s name or which are
place classified as anonymous.
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.

ARTICLE 155 – ALARMS AND

SCANDALS
ARTICLE 154 – UNLAWFUL USE OF
MEANS OF PUBLICATION AND Acts punished:
UNLAWFUL UTTERANCES
1. Discharging any firearm, rocket,
Acts punished: firecracker, or other explosives
within any town or public place
1. By publishing or causing to be calculated to cause (which
published by means of printing produces) alarm or danger
lithography or any other means of
publication, as news any false Note: Discharging of firearms may result
news which may endanger the to different crimes depending on the
public order, or cause damage to intent of the offender
the interest or credit of the State. 1. If a firearm is discharged in a
2. By encouraging disobedience to public place intending to
the law or to the constituted cause alarm and danger –
authorities or by praising, Violation of Article 155 or
justifying or extolling any act Alarms and Scandals
punished by law, by the same 2. If the firearm is discharged in
means or by words, utterances or a public place with the
speeches intention to kill a person even
Lee, Won D.
 if the person is not hit –
Attempted homicide
3. If the discharge of the firearm ARTICLE 157 – EVASION OF
is aimed at a particular person SERVICE OF SENTENCE
but there is no intent to kill –
Violation of Article 254 or Elements:
Discharge of Firearms
1. That the offender is a convict by
2. Instigating or taking an active part final judgment.
in any charivari or other 2. That he is serving his sentence
disorderly meeting offensive to which consists in deprivation of
another or prejudicial to public liberty
tranquillity 3. That he evades the service of his
3. Disturbing the public peace while sentence by escaping during the
wandering about at night or while term of his sentence.
engaged in any other nocturnal
amusement. PENALTY IS QUALIFIED if such
4. Causing any disturbance or evasion or escape takes place:
scandal in public places while
intoxicated or otherwise, provided 1. By means of unlawful entry
Art 153 is not applicable 2. By breaking doors, windows,
gates, walls, roofs or floors
ARTICLE 156 – DELIVERING 3. By using picklocks, false keys,
PRISONERS FROM JAIL disguise, deceit, violence or
intimidation
Elements: 4. Done through connivance with
other convicts or employees of
1. That there is a person confined in the penal institution
a jail or penal establishment.
2. That the offender removes ARTICLE 158 – EVASION OF
therefrom such persons, or SERVICE OF SENTENCE ON THE
assisted in the escape of such OCCASION OF DISORDERS,
person CONFLAGRATIONS, EARTHQUAKES,
OR OTHER CALAMITIES
Penalty is qualified if:
Elements:
1. Violence or intimidation has been 1. That the offender is a convict by
used in the commission of the final judgment who is confined in
crime a penal institution.
2. Bribery is used in delivering 2. That there is a disorder resulting
prisoners from jail. from –
Lee, Won D.
 a. Conflagration ARTICLE 160 – COMMISSION OF
b. Earthquake ANOTHER CRIME DURING SERVICE
c. Explosion OF PENALTY IMPOSED FOR
d. Similar catastrophe ANOTHER PREVIOUS OFFENSE
e. Mutiny in which he has not
participated Elements:
1. The offender was already
3. That the offender evades the convicted by final judgment of
service of his sentence by leaving one offense
the penal institution where he is 2. He committed a new felony
confined, on the occasion of such before beginning to serve such
disorder or during the mutiny. sentence or while serving the
4. That the offender fails to give same
himself up to the authorities
within 48 hours following the IV. TITLE 4: Crimes against
issuance of a proclamation by the public interest
Chief Executive announcing the
passing away of such calamity
ARTICLE 161 – COUNTERFEITING
THE GREAT SEAL OF THE
ARTICLE 159 – EVASION OF
GOVERNMENT OF THE PHILIPPINE
SERVICE OF SENTENCE BY
ISLANDS, FORGING THE
VIOLATION OF CONDITIONAL
SIGNATURE OR STAMP OF THE
PARDON
CHIEF EXECUTIVE
Elements:
Acts punished:
1. The offender was a convict
2. He was granted a conditional
1. Forging the Great Seal of the
pardon by the Chief Executive
Government of the Philippines.
3. He violated any of the conditions
2. Forging the signature of the
of such pardon
President.
3. Forging the stamp of the
Two Kinds of Pardon:
President.
1. Absolute Pardon which totally
ARTICLE 162 – USING FORGED
extinguishes the criminal liability
SIGNATURE OR COUNTERFEIT SEAL
OR STAMP
2. Conditional Pardon which
partially extinguishes criminal
Elements:
liability
1. That the Great Seal of the
Republic was counterfeited or the

Lee, Won D.
 signature or stamp of the Chief
Executive was forged by another
person
2. That the offender knew of the
counterfeiting or forgery
3. That he used the counterfeit seal
or forged signature or stamp

ARTICLE 165 – SELLING OF FALSE

ARTICLE 163 – MAKING AND OR MUTILATED COIN, WITHOUT
IMPORTING AND UTTERING FALSE CONNIVANCE
COINS
Acts punished:
Elements:
1. That there be false or 1. Possession of coin, counterfeited
counterfeited coins or mutilated by another person,
2. That the offender either made, with intent to utter the same,
imported or uttered such coins knowing that it is false or
3. That in case of uttering such false mutilated
or counterfeited coins, he Elements:
connived with the counterfeiters 1. Possession
or importers 2. With intent to utter
3. Knowledge
ARTICLE 164 – MUTILATION OF
COINS 2. Actually uttering such false or
mutilated coin knowing the same
Acts punished: to be false or mutilated.
1. Mutilating coins of the legal Elements:
currency, with the further 1. Actually uttering
requirement that there be intent 2. Knowledge
to damage or to defraud another.
2. Importing or uttering such ARTICLE 166 – FORGING TREASURY
mutilated coins, with the further OR BANK NOTES OR OTHER
requirement that there must be DOCUMENTS PAYABLE TO BEARER;
connivance with the mutilator or IMPORTING, AND UTTERING SUCH
importer in case of uttering FALSE OR FORGED NOTES AND
DOCUMENTS

Lee, Won D.
Acts punished: payable to bearer is forged or
1. Forging or falsification of treasury falsified by another person.
or bank notes or other documents 2. That the offender knows that any
payable to bearer. of those instruments is forged or
2. Importation of such false or falsified.
forged obligations or notes. 3. That he performs any of these
3. Uttering of such false or forged acts:
obligations or notes in a. Using any of such forged
connivance with the forgers or or falsified instruments
importers. b. Possessing with intent to
use any of such forged or
falsified instruments.
ARTICLE 167 – COUNTERFEITING,
IMPORTING, AND UTTERING ARTICLE 169 – HOW FORGERY IS
INSTRUMENTS NOT PAYABLE TO COMMITTED:
BEARER
1. By giving to a treasury or bank
Elements: note or any instrument payable to
1. That there be an instrument bearer or to order mentioned
payable to order or other therein, the appearance of a true
document of credit not payable to and genuine document.
bearer. 2. By erasing, substituting,
2. That the offender either forged, counterfeiting, or altering by any
imported or uttered such means the figures, letters, words,
instrument. or sign contained therein
3. That in case of uttering, he
connived with the forger or ARTICLE 170- FALSIFICATION OF
importer LEGISLATIVE DOCUMENTS

ARTICLE 168 – ILLEGAL Elements

POSSESSION AND USE OF FALSE
TREASURY OR BANK NOTES AND 1. That there he a bill, resolution, or
ordinance enacted or approved
OTHER INSTRUMENTS OF CREDIT
or pending approval by either
House of Congress, or any
Elements: provincial board or municipal
1. That any treasury or bank note or council
certificate or other obligation and 2. That the offender alters the same
security payable to bearer, or any 3. That he has not proper authority
instrument payable to order or therefor
4. That the alteration has changed
other document of credit not
the meaning of the document

Lee, Won D.
 a. By counterfeiting or
imitating any handwriting,
signature or rubric.
b. Causing it to appear that
persons have participated
in any act or proceeding
when they did not in fact
so participate.
ARTICLE 171 – FALSIFICATION BY c. Causing it to appear that
PUBLIC OFFICER, EMPLOYEE, persons have participated
NOTARY PUBLIC, OR in any act or proceeding
ECCLESIASTICAL MINISTER when they did not in fact
so participate.
Elements: d. Making untruthful
1. The offender is a public officer, statements in a narration
employee, notary public, or an of facts
ecclesiastical minister e. Altering true dates
f. Making any alteration or
2. He takes advantage of his official intercalation in a genuine
position document which changes
o The offender is said to its meaning
have taken advantage of g. Issuing in authenticated
his position or office when: form a document
 He has the duty to purporting to be a copy of
make or prepare or any original document
to otherwise when no such original
intervene in the exists or including in such
preparation of the a copy a statement
document contrary to or different
 He has the official from that of the genuine
custody of the original
document which he h. Issuing in authenticated
falsifies form a document
purporting to be a copy of
3. That the said offender falsifies a any original document
document by committing any of when no such original
the following modes stated exists or including in such
therein: a copy a statement
contrary to or different
from that of the genuine
original
Lee, Won D.
 3. He commits any of the act
4. In case the offender is an of falsification under Article
ecclesiastical minister, the act of 171 except paragraph 7
falsification is committed with (can be committed only by
respect to any record or a public officer).
document of such character that
the falsification may affect the 3. Use of falsified document
civil status of persons.

ARTICLE 173 – FALSIFICATION OF

ARTICLE 172 – FALSIFICATION BY WIRELESS TELEGRAPH AND
PRIVATE INDIVIDUALS AND USE OF TELEPHONE MESSAGES
FALSIFIED DOCUMENTS
Punishable acts:
Three punishable acts: 1. Uttering fictitious, wireless,
telegraph or telephone message
1. Falsification of a public, official or 2. Falsifying wireless, telegraph or
commercial document by a telephone message
private individual 3. Using such falsified message

Elements: Note:
1. Offender is a private 1. If the act punished is uttering
person or a public officer fictitious, wireless, telegraph or
acting in his private telephone messages and
capacity falsifying wireless, telegraph or
2. Offender commits any act telephone messages, these can
of falsification under Article only be committed by a person
171. working in a department, agency
3. It must be done either in a or corporation which is engaged
public, official, or in a business of receiving and
commercial document sending wireless, telegraph and
telephone messages.
2. Falsification of private document 2. Using falsified wireless, telegraph
by any person or telephone messages, this time,
it can be committed by any
Elements: person
1. The document falsified is a
private one. ARTICLE 174 – FALSE MEDICAL
2. There is damage or intent CERTIFICATES, FALSE
to cause damage CERTIFICATES OF MERIT OR
SERVICE, ETC
Lee, Won D.
 made in or introduced into the
- If the offender is a PHYSICIAN Philippines by another person.
OR SURGEON who issues a
false medical certificate in the
practice of his profession, he
becomes liable under Art. 174
- If a PUBLIC OFFICER who
issues a false certificate of merit, ARTICLE 177 – USURPATION OF
service or good conduct, moral AUTHORITY OR OFFICIAL
character, etc. FUNCTIONS
- ANY PRIVATE INDIVIDUAL who
falsifies a medical certificate or Acts punished:
certificate of merit or service or 1. Usurpation of authority is
good conduct shall be also committed when a person
criminally liable. knowingly and falsely represents
himself to be an officer or agent
ARTICLE 175 – USING FALSE of any department of the
CERTIFICATE Philippine government or agency
thereof or of a foreign
- The offender knows that the government.
medical certificate or certificate of 2. There is usurpation of official
merit has been falsified and function if any person performs
despite that knowledge, he an act pertaining to a person in
makes use of the same. authority or a public officer of the
Philippine Government or of a
foreign government or agency
ARTICLE 176 – MANUFACTURING thereof, under pretense of official
AND POSSESSION OF position, and without being
INSTRUMENTS OR IMPLEMENTS lawfully entitled to do so.
FOR FALSIFICATION
ARTICLE 178 – USING FICTITIOUS
Acts punished: NAME AND CONCEALING TRUE
1. Making or introducing into the NAME
Philippines any stamps, dies,
marks or other instruments or Acts punished:
implements for counterfeiting or 1. USING FICTITIOUS NAME
falsification Elements:
2. Possessing with intent to use the 1. The offender uses a name
instrument or implements for other than his real name
counterfeiting or falsification 2. That he uses that fictitious
name publicly
Lee, Won D.
 3. That the purpose of the 2. That the offender testifies falsely
offender is either under oath against the defendant
a. to conceal a crime therein.
b. to evade execution 3. That the offender who gives false
of a judgment testimony knows that it is false.
c. to cause damage to 4. That the defendant against whom
public interest. the false testimony is given is
either acquitted or convicted in a
2. CONCEALING TRUE NAME final judgment
Elements:
1. The offender conceals: ARTICLE 181 – FALSE TESTIMONY
a. his true name FAVORABLE TO DEFENDANT
b. his true name
2. That the purpose is Elements:
only to conceal his 1. There is a criminal proceeding
identity 2. The offender testifies falsely in
favor of the defendant
ARTICLE 179 – ILLEGAL USE OF 3. The offender knew that his
INSIGNIA, UNIFORM, OR DRESS testimony is false.

Elements: ARTICLE 182 – FALSE TESTIMONY

1. The offender makes use of IN CIVIL CASES
INSIGNIA, UNIFORM or DRESS
2. That the insignia, uniform or Elements:
dress pertains to an office not 1. The testimony must be given in a
being held by the offender or to a civil case
class of person of which he is not 2. The testimony must relate to the
a member. issues presented in said case
3. That the said insignia, uniform or (relative or pertinent)
dress is used publicly and 3. The testimony must be false
improperly. 4. The false testimony must be
given by the defendant knowing
ARTICLE 180 – FALSE TESTIMONY the same to be false
AGAINST A DEFENDANT 5. The testimony must be malicious
and given with intent to affect the
Elements: issues presented in the said case
1. That there be a criminal
proceeding

Lee, Won D.
 ARTICLE 184 – OFFERING FALSE
TESTIMONY IN EVIDENCE
ARTICLE 183 – PERJURY
Elements:
PERJURY is the willful and deliberate 1. The offender offered in evidence
assertion of falsehood on a material a false witness or false testimony.
matter made before an officer duly 2. The offender knew the witness or
authorized to receive and administer the testimony was false.
oath. 3. The offer was made in a judicial
or official proceeding
Elements:
1. The accused made a statement ARTICLE 185 – MACHINATIONS IN
under oath or executed an PUBLIC AUCTIONS
affidavit upon a material matter
2 ways of committing perjury: Acts punished:
1. Makes a statement
under oath (he makes 1. SOLICITING GIFT OR PROMISE
a false testimony) Elements:
2. Executes an affidavit 1. There be a public auction
on a material matter (if 2. The accused solicited any
it is an affidavit, it is gift or a promise from any
also required under of the bidders
oath) 3. That such gift or promise
was the consideration for
2. The said statement under oath or his refraining from taking
affidavit was made before a part in that public auction.
competent officer duly authorized 4. The accused had the
to receive and administer oath intent to cause the
3. That in the said statement or reduction of the price of
affidavit, the offender makes a the thing auctioned.
willful and deliberate assertion of
falsehood 2. ATTEMPTING TO CAUSE
4. The said statement or affidavit BIDDERS TO STAY AWAY
containing falsity is required by Elements:
law. 1. There be a public
auction
Lee, Won D.
 2. The accused attempted by manufacturers, processors,
to cause the bidders to producers and importers who
stay away from that combined with any other person
public auction. or persons in order to commit a
3. It was done by threats, transaction prejudicial to lawful
gifts, promises or any commerce or to increase the
other artifice. market price of any merchandise
4. The accused had the or object of commerce
intent to cause the - Mere conspiracy in order to
reduction of the price of restrain or to prevent free
the thing auctioned. competition will already give rise
to the crime. I
ARTICLE 186 – MONOPOLIES AND
COMBINATIONS IN RESTRAINT OF ARTICLE 187 – IMPORTATION AND
TRADE DISPOSITION OF FALSELY MARKED
ARTICLES
Acts punished:
Elements:
1. COMBINATION TO PREVENT 1. The offender IMPORTS, SELLS
FREE COMPETITION IN THE or DISPOSES any article or
MARKET merchandise made of gold, silver,
2. MONOPOLY TO RESTRAIN other precious materials, or their
FREE COMPETITION IN THE alloys
MARKET 2. That the STAMPS, BRANDS, or
3. MANUFACTURER, PRODUCER, MARKS of those articles or
OR PROCESSOR OR merchandise FAIL TO INDICATE
IMPORTER COMBINING, the actual fitness or quality of
CONSPIRING OR AGREEING said metals or alloys
WITH ANY PERSON TO MAKE 3. That the STAMPS, BRANDS, or
TRANSACTIONS PREJUDICIAL MARKS of those articles or
TO LAWFUL COMMERCE OR merchandise FAIL TO INDICATE
TO INCREASE THE MARKET the actual fitness or quality of
PRICE OF MERCHANDISE said metals or alloys

Note: TITLE 5: RA 9615

- The first two acts under Article
Comprehensive Dangerous
186 can be committed by any
person and not necessarily by Drugs Act as amended by RA
manufacturers, producer or 10640 and its Implementing
processors. The THIRD ACT Rules and Regulations
however, can be committed only
Lee, Won D.
 Another act punished under Section 5 is
SECTION 4 – IMPORTATION OF the act of delivering dangerous drugs.
DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND General rule: The testimony of the
ESSENTIAL CHEMICALS poseur-buyer is not indispensable in a
case of illegal sale of dangerous drugs.
- Committed by person, who,
unless authorized by law, shall Exception: When the accused denies
import or bring into the the existence of the said transaction. If
Philippines any dangerous drug, the prosecution failed to present the
regardless of the quantity and poseur-buyer to testify in court, it will
purity involved. amount to the dismissal of the case.

DELIVERY
SECTION 5 – SALE, TRADING, - When the accused denies the
ADMINISTRATION, DISPENSATION, existence of the said transaction.
DELIVERY, DISTRIBUTION AND If the prosecution failed to
TRANSPORTATION OF DANGEROUS present the poseur-buyer to
DRUGS AND/OR CONTROLLED testify in court, it will amount to
PRECURSORS AND ESSENTIAL the dismissal of the case.
CHEMICALS
SECTION 6 – MAINTENANCE OF A
Selling of Dangerous Drugs DEN, DIVE, OR RESORT
- Act of giving away any dangerous - Any person who maintains a den,
drug and/or controlled precursor dive, or resort for the use of
and essential chemical whether illegal drugs are liable under this
for money of any other section.
consideration.
SECTION 7 – EMPLOYESS AND
VISITORS OF A DEN, DIVE, OR
Elements of sale of illegal drugs: RESORT
1. The identity of the buyer and the - Employees who are aware of the
seller is established nature of the said den, dive or
2. The corpus delicti and the price resort for the use and sale of
must be established dangerous drugs are also
3. The drugs (corpus delicti) must criminally liable.
be transferred from the hands of - Persons who are not employees
the buyer to the hands of the which knowingly visit the same
seller. place despite the knowledge of
the nature of such den, dive, or
resort are also criminally liable
Lee, Won D.
 - Any person was found in
SECTION 8 – MANUFACTURE OF possession of dangerous drug in
DANGEROUS DRUGS a party, social gatherings or
- The presence of any controlled meetings, or in the proximate
precursor and essential chemical company of at least two (2)
or laboratory equipment in the persons; the maximum penalty
clandestine laboratory is a prima prescribed by law shall be
facie evidence of manufacture of imposed, therefore this is
any dangerous drug. considered as aggravating
circumstance.

SECTION 15 – ILLEGAL USE OF

DANGEROUS DRUGS

SECTION 11 – ILLEGAL POSSESSION Elements:

OF DANGEROUS DRUGS 1. That the offender has been
apprehended or arrested for the
Elements: commission of a crime
1. The offender is found in 2. The said offender is subjected to
possession of any item identified a drug test
to be drugs 3. After a confirmatory test, he was
2. He is not authorized by law to found positive for use of
possess the same dangerous drugs
3. That he freely and consciously
possesses the said dangerous SECTION 21 – PROCEDURE IN THE
drugs SEIZURE AND CONFISCATION OF
DANGEROUS DRUG (RA 10460)
SECTION 12 - ILLEGAL POSSESSION
OF DRUG PARAPHERNALIA - The apprehending team having
- If a person was found in initial custody and control of the
possession of a drug dangerous drugs, controlled
paraphernalia, the law presumed precursors and essential
that he used dangerous drugs, to chemicals,
administer dangerous drugs for instruments/paraphernalia and/or
himself. laboratory equipment shall,
immediately after seizure and
SECTION 13 – ILLEGAL POSSESSION confiscation
OF DANGEROUS DRUGS DURING 1. conduct a physical inventory
PARTIES, SOCIAL GATHERINGS OR of the seized items and
MEETINGS 2. photograph the same in the
presence of the accused or
Lee, Won D.
 the person/s from whom such
items were confiscated and/or SECTION 25 – A POSITIVE FINDING
seized, or his/her FOR THE USE OF DANGEROUS
representative or counsel, DRUGS SHALL BE A QUALIFYING
with an elected public official AGGRAVATING CIRCUMSTANCE
and a representative of the
National Prosecution Service - A positive finding for the use of
or the media who shall be dangerous drugs is a qualifying
required to sign the copies of circumstance will only apply if the
the inventory and be given a crime committed by the said
copy thereof offender is a violation of RA 9165
because only then can he be
CHAIN OF CUSTODY RULE subjected to a drug test.
- The duly recorded authorized
movements and custody of SECTON 98 – LIMITED
dangerous drugs from the time of APPLICABILITY OF THE RPC
confiscation/seizure to the receipt - The provisions of RPC, as
in the forensic laboratory to amended, shall not apply to the
safekeeping to presentation in provisions of RA 9165.
court for destruction -
- Ensure that the dangerous drug Note: Exception to Section 98: If the
seized/confiscated from the offender is a minor offender.
accused is the very same
dangerous drug which has been
tested by the forensic chemist TITLE 6: Crimes against Public
and it is the very same
Morals
dangerous drug presented in
court that is; there has been no
substitution of evidence. ARTICLE 200 – GRAVE SCANDAL

SECTION 24 – APPLICABILITY OF Elements:

THE PROBATION LAW FOR DRUG 1. The offender performs an act or
TRAFFICKERS AND PUSHERS. acts
2. Such act or acts be HIGHLY
- Any person convicted for drug SCANDALOUS as offending
trafficking or pushing under this against decency or good customs
Act, regardless of the penalty 3. That the highly scandalous
imposed by the Court, cannot conduct is not expressly falling
avail of the privilege granted by within any other article of this
the Probation Law or Presidential Code
Decree No. 968, as amended
Lee, Won D.
 4. The act or act complained of be - is any woman who, for money or
committed in a public place or profit, indulges in sexual
within the public knowledge or intercourse or lascivious conduct.
view So it is the work or job of a
woman
ARTICLE 201 – IMMORAL
DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS,
AND INDECENT SHOWS

Acts punished:
1. Public proclamations of doctrines
openly contrary to public morals
2. Publication of obscene literature.
In case of publication of obscene
literature, it is the author, the
editor, the owner or proprietor of
the establishment that sells the
said materials SHALL BE HELD
CRIMINALLY LIABLE.
3. The third act punished is the
exhibition of indecent shows,
plays, scenes or acts in fairs,
theaters, cinemas or any other
places
4. Selling, giving away or exhibiting
films,, engravings, sculptures or
literature which are offensive to
public morals.

ARTICLE 202 – VAGRANTS AND

PROSTITUTES

Note:
- Only prostitutes are held liable.

- Vagrancy has been

decriminalized by R.A. No. 10158
Prostitute:

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