Crim ii book 2

San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
EXECUTIVE COMMITTEE:
EZEKIEL JOSHUA VILLENA overall chairperson, MINISTER MOISES DU chairperson for academics, DJOANIVIE JOMARE
JUNASA chairperson for hotel operations, MARIE MICAELA STA. ANA vice-chairperson for operations, MIKHAIL MAVERICK
TUMACDER vice-chairperson for secretariat, JACKIE LOU LAMUG vice-chairperson for finance, DIANA JEAN TUAZON vice-
chairperson for edp, JASSEN RALPH LEE vice-chairperson for logistics
SUBJECT COMMITTEE:
JO ANN MARIE O. CASIO subject chair, VENICE BUAGÑIN assistant subject chair, STEVEN MICHAEL D. GALA edp,
MARIONNE ROSABELL LACUNA book one, MARIS DONNA KWOK book two, MA. KATRINA RIVERA special penal laws
MEMBERS:
Karell Marie G. Lascano, Katrina Jorelle P. Villena, Clare Marie F. Ortega, Hera Aiza Marie A. Barona, Nicole Alora G. Julian ,
Rozzalle Gonzales, Sheena Antlan, Diana Jean De Castro, Beatrice Valerie S. Guillermo, Raynan Larosa, Kamille Deanne
Lagasca, Jose Angelo David
TITLE ONE:
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
Section One: Treason and Espionage
ARTICLE 114
TREASON
Treason – a breach of allegiance to a
government, committed by a person who owes
allegiance to it.
Allegiance – the obligation of fidelity and
obedience which the individual owes to the
government under which he lives or to his
sovereign, in return for the protection he
receives. Hence an alien residing in the
Philippines may be prosecuted for acts of
treason due to the temporary allegiance he
owes to the Philippine government.
Elements of treason:
1. That the offender owes allegiance to the
Government of the Philippines; (a Filipino
citizen or an alien residing in the
Philippines.)
 Place of commission:
 Filipino Citizen: anywhere (Art.2,
RPC)
 Alien: only in the Philippines (EO
44) except in case of conspiracy
An alien owes permanent
allegiance to his own country, at
the same time, a temporary
allegiance to the country where he
resides.
2. That there is a war in which the Philippines
is involved;
 Treason is a war crime. It remains
dormant until the emergency arises.
 But as soon as war starts, it is put into
effect (Laurel vs. Misa, 77 Phil 865
[1946])
3. That the offender either (modes of
committing):
a. Levies war against the government; or
b. Adheres to the enemies, giving them
aid or comfort.
Ways of being committed:
1. Levying war
 It means that (a) there is an actual
assembling of men (b) for the purpose
of executing a treasonable design by
force.
 It is not necessary that there be a
formal declaration of the existence of
a state of war. Actual hostilities may
determine the date of the
commencement of war (U.S. vs
Lagnason, 3 Phil 495)
 The levying of war must be with intent
to overthrow the government not
merely to resist a particular statute or
to repel a particular officer. It is not
necessary that those attempting to
overthrow the government by force of
arms should have the apparent power
to succeed in their design, in whole or
in part.
Treason by Levying
War
Rebellion
The purpose of levying
war is to help the
enemy.
Such purpose is not
necessary. (e.g. civil
uprising)
Treason Sedition
Philippines must be at
war with another
country
Internal conflict
Violation of oath of
allegiance
Causing disturbances
in one’s country
Adherence to the enemies, giving them aid
and comfort
 Requires BOTH
1. adherence to the enemies, and
2. giving of aid or comfort to them
Note: Mere adherence without its physical
manifestation through the giving of aid or

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comfort is not sufficient to constitute
treason. Both adherence and the giving of
aid or comfort to the enemy must concur.
 The term “enemy” applies only to the
subjects of a foreign power in a state of
hostility with the traitor’s country. It does
not embrace rebels in insurrection against
their own country, for in that case the
crime would be rebellion.
 The act committed need not actually
strengthen the enemy or be successful.
However, the act must be such that it
directly and materially tends to improve
the conduct of war of the enemy.
“Adherence to enemy”
It means that there is an intent to betray. The
accused intellectually or emotionally favors the
enemy and harbors sympathies or convictions
disloyal to his country’s policy or interest.
“Rendering aid or comfort”
It means an act which strengthens or tends to
strengthen the enemy in the conduct of war
against the traitor’s country or any act which
weakens or tends to weaken the power of the
traitor’s country to resist or to attack the
enemy.
 Extent of aid or comfort - it must be a deed
or physical activity and not merely a
mental operation
 Giving information to (People vs. Paar, 86
Phil. 864), or commandeering foodstuffs
(People vs. Mangahas, 93 Phil 113) for the
enemy is evidence of both adherence and
aid or comfort.
 Being a Makapili constitutes an overt act
of psychological comfort. It was no
different from that of enlisting in the
invader's army (People vs. Adriano, 78
Phil 563
Adherence may be proved:
1. By one witness;
2. From the nature of the act itself; or
3. From the circumstances surrounding the
act.
Ways of proving Treason (overt act):
1. Testimony of two witnesses, at least, to
the same overt act (two-witness rule); or
 The testimonies must refer to the
same act, place and moment of time.
 If the overt act is separable, two
witnesses must also testify to each
part of the overt act.
 It is sufficient that the witnesses are
uniform in their testimony on the overt
act. It is not necessary that there be
corroboration between them.
2. Confession of guilt by the accused in open
court.
 Treason absorbs crimes committed in
furtherance thereof. Treason cannot be
complexed with other crimes.
 Treason is a CONTINUOUS OFFENSE.
All overt acts of treason that the accused
has committed constitute a single offense.
 Defenses:
 Allowed: Duress and fear of
immediate death; Obedience to a de
facto government (Mere acceptance of
public office and discharge of official
duties under the enemy do not
constitute per se the felony of treason.
BUT when the position is policy-
determining, the acceptance of public
office and the discharge of official
duties constitute treason.)
 NOT allowed: Suspended allegiance
(since sovereignty is not suspended in
times of war, only the exercise
thereof); Change in sovereignty; Loss
of citizenship.
 There is no treason thru negligence. The
overt act of giving aid or comfort to the
enemy must be intentional.
 Circumstances inherent in treason:
treachery, abuse of superior strength and
evident premeditation
 Circumstances aggravating in treason:
ignominy, cruelty, amount or degree of aid,
gravity of separate distinct acts of treason
ARTICLE 115
CONSPIRACY & PROPOSAL
TO COMMIT TREASON
Conspiracy to commit treason – committed
when in time of war, two or more persons
come to an agreement to levy war against the
Government or to adhere to the enemies and
to give them aid or comfort, and decide to
commit it (Arts. 8 and 114)
Proposal to commit treason – committed
when in time of war a person 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 or persons (Arts. 8 and 114)
 As a general rule, conspiracy and proposal
to commit a felony is not punishable
(Article 8), Art 115 is an exception as it

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specifically penalizes conspiracy and
proposal to commit treason.
 The two-witness rule does NOT apply
because this is a separate and distinct
offense.
 These felonies are absorbed if treason is
actually committed.
ARTICLE 116
MISPRISION OF TREASON
Elements:
1. That the offender is a citizen of the
Philippines;
2. That he has knowledge of any conspiracy
against the Government;
3. That the conspiracy is one to commit
treason;
4. That he conceals or does not disclose and
make known the same as soon as
possible to the proper authority.
 Art. 116 does NOT apply when treason is
already committed and the accused does
not report its commission.
 Art 116 is an EXCEPTION to the rule that
mere silence does not make a person
criminally liable.
 The phrase “shall be punished as an
accessory to the crime of treason,”
mentioned in the provision, does not mean
that the offender is, legally speaking, an
accessory to the crime of treason because
he is already a principal in the crime of
misprision of treason. It simply means that
the penalty imposed is that of an
accessory to the crime of treason.
ARTICLE 117
ESPIONAGE
Espionage – the offense of gathering,
transmitting, or losing information respecting
the national defense with intent or reason to
believe that the information is to be used to the
injury of the Republic of the Philippines or to
the advantage of a foreign nation.
Two ways of committing:
1. By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan
or other data of confidential nature relative
to the defense of the Philippines
Elements:
a. That the offender enters any of the
places mentioned therein;
b. That he has no authority therefor;
c. That his purpose is to obtain
information, plans, photographs or
other data of a confidential nature
relative to the defense of the
Philippines.
 Offender must have the intention to
obtain information relative to the
defense of the Philippines. However, it
is not necessary that the information is
actually obtained.
2. By disclosing to the representative of a
foreign nation the contents of the articles,
data or information referred to in the
preceding paragraph, which he had in his
possession by reason of the public office
he holds.
Elements:
a. That the offender is a public officer;
b. 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;
c. That he discloses their contents to a
representative of a foreign nation.
COMMONWEALTH ACT NO. 616
An Act to Punish Espionage and
Other Offenses Against National
Security Acts Penalized
1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense
Ways of Violating Sec. 1:
a. By going upon, entering, flying over or
otherwise obtaining information
concerning any vessel, aircraft, work
of defense or other place connected
with the national defense or any other
place where any vessels, aircrafts,
arms, munitions or other materials for
use in time of war are being made, or
stored, for the purpose of obtaining
information respecting national
defense, with intent to use it to the
injury of the Philippines or to the
advantage of any foreign nation.
b. By copying, taking, making or
patenting or inducing or aiding another
to copy, take, make or obtain any
sketch, photograph, photographic
negative, blueprint, plan, map
instrument, appliance, document,
writing or note of anything connected
with the national defense, for the same
purpose and with like intent as in par.
A.
c. By receiving or obtaining or agreeing
or attempting or inducing or aiding

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another to receive or obtain from any
sources any of those data mentioned
in par. B, code book or signal book,
knowing that it will be obtained or
disposed by any person contrary to the
provisions of this act.
d. By communicating or transmitting, or
attempting to communicate or transmit
to any person not entitled to receive it,
by willfully retaining and failing to
deliver it on demand to any officer or
employee entitled to receive it, the
offender being in possession of,
having access to, control over, or
being entrusted with any of the data
mentioned in par. B, or code book or
signal book.
e. By permitting, through gross
negligence, to be removed from its
proper place or custody or delivered to
anyone in violation of his trust, or to be
lost, stolen, abstracted or destroyed
any of the data mentioned in par B,
code book or signal book, the offender
being entrusted with or having lawful
possession or control of the same.
2. Unlawfully disclosing information affecting
national defense
Ways of violating Sec. 2:
a. By communicating, delivering or
transmitting or attempting or aiding or
inducing another to do it, to any
foreign government or any faction or
party or military or naval force within a
foreign country, whether recognized or
unrecognized by the Philippines, or to
any representative, officer, employee,
subject or citizen thereof, any of the
data mentioned in par. B of Sec. 1
hereof, code book or signal book.
b. In time of war, by collecting, recording,
publishing or communicating or
attempting to elicit any information with
respect to the movement, number,
description, condition, or disposition of
any of the armed forces, ships,
aircraft, or war materials of the
Philippines, or with respect to the
plans or conduct of any military, naval
or air operations or with respect to any
works or measures undertaken for the
fortification or defense of any place, or
any other information relating to the
public defense, which might be useful
to the enemy.
3. Disloyal acts or words in time of peace
a. By advising, counseling, urging or in
any other manner by causing
insubordination, disloyalty, mutiny or
refusal of duty of any member of the
military, naval or air forces of the
Philippines.
b. By distributing any written or printed
matter which advises, counsels, or
urges such insubordination, disloyalty,
mutiny, or refusal of duty.
4. Disloyal acts or words in time of war
a. By willfully making or conveying false
reports or false statements with intent
to interfere with the operations or
success of the Armed Forces of the
Philippines.
b. To promote the success of its
enemies, by willfully causing or
attempting to cause insubordination,
disloyalty, mutiny or refusal of duty in
the Armed Forces of the Philippines.
c. By willfully obstructing the recruiting or
enlistment service.
5. Conspiracy to commit the preceding acts
Requisites:
a. Two or more persons conspire to
violate the provisions of Sec. 1, 2, 3
or 4 of this Act;
b. One or more of such persons do any
act to effect the object of the
conspiracy.
6. Harboring or concealing violators of the
Act
Requisites:
a. The offender knows that a person has
committed or is about to commit an
offense under this Act;
b. The offender harbors or conceals such
person.
7. Making any photograph, sketch, picture,
drawing, map or graphical representation
of vital military, naval and air installations
or equipment as defined by the Philippine
President as requiring protection against
the general dissemination of information
relative thereto UNLESS he obtains the
permission of the commanding officer (or
higher authority).of post, camp or station
concerned and promptly submits the
product obtained to the same
commanding officer (or higher authority).
8. Using or permitting or procuring the use
of an aircraft for the same purpose of
violating #7.
9. Reproducing, publishing, selling, or giving

79
away of uncensored copies of those
mentioned under #7 without the
permission of the commanding officer (or
higher authority.
10. Destroying or injuring or attempting to
injure or destroy war material (when the
country is at war) or national defense
material, premises or utilities (even if the
country is not at war).
11. Making or causing to be made in a
defective manner, or attempting to make
or cause to be made in a defective
manner, war material (when the country
is at war) or national defense material
(even if the country is not at war).
Espionage Treason
Both are crimes not conditioned by the citizenship of
the offender.
May be committed both
in time of peace and in
time of war.
Is committed only in time
of war.
May be committed in
many ways.
Is limited to two ways of
committing the crime:
levying war, and
adhering to the enemy
giving them aid or
comfort
SECTION TWO: PROVOKING WAR AND
DISLOYALTY IN CASE OF WAR
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. A war involving or liable to involve the
Philippines or
b. Expose Filipino citizens to reprisals on
their persons and property.
 Intention of the accused is immaterial.
 This is committed in time of peace.
 Penalty is higher when the offender is a
public officer or employee.
Reprisal- is an act of self-help on the part of
the injured state, responding after an
unsatisfied demand to an act contrary to
international law on the part of the offending
state (Naulilaa Incident Arbitration,
Portuguese-German Arbitral Tribunal, 1928)
ARTICLE 119
VIOLATION OF NEUTRALITY
Elements:
is not involved;
2. That there is a regulation issued by a
competent authority for the purpose of
enforcing neutrality;
3. That the offender violates such regulation.
Neutrality – the condition of a nation that in
time of war takes no part in the dispute but
continues peaceful dealings with the
belligerents
 There must be a regulation issued by
competent authority (President or the
Chief of Staff of the AFP) for the
enforcement of neutrality.
ARTICLE 120
CORRESPONDENCE WITH
HOSTILE COUNTRY
Elements:
1. That it is made in time of war in which the
Philippines is involved;
2. That the offender makes correspondence
with the:
a. Enemy country or
b. Territory occupied by the enemy
troops;
3. That the correspondence is either:
a. Prohibited by the Government; or
b. Carried on in ciphers or conventional
signs; or
c. If notice or information be given
thereby which might be useful to the
enemy.
Correspondence – communication by means
of letters; or it may refer to the letters which
pass between those who have friendly or
business relations.
 Even if the correspondence contains
innocent matters, if the correspondence
has been prohibited by the government, it
is punishable because of the possibility
that some information useful to the enemy
might be revealed unwittingly.
 Prohibition by the Government is NOT
essential when the correspondence is
carried on in ciphers or useful to the
enemy.
Circumstances qualifying the offense
The following must concur:
1. That the notice or information might be
useful to the enemy;

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2. That the offender intended to aid the
enemy.
ARTICLE 121
FLIGHT TO ENEMY’S COUNTRY
Elements:
is involved;
2. That the offender owes allegiance to the
Government;
3. That the offender attempts to flee or go to
the enemy country;
4. That going to the enemy country is
prohibited by the competent authority.
 An alien resident may be guilty of flight to
enemy country, because an alien owes
allegiance to the Philippine government
albeit temporary.
 Mere attempt to flee or go to enemy
country consummates the crime.
SECTION THREE: PIRACY AND MUTINY ON
THE HIGH SEAS
ARTICLE 122
PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS
Piracy – it is robbery or forcible depredation
on the high seas, without lawful authority and
done with animo furandi and in the spirit and
intention of universal hostility.
Two ways or modes of committing piracy:
1. By attacking or seizing a vessel on the
high seas or in Philippine waters;
2. By seizing in the vessel while on the high
seas or in Philippine waters the whole or
part of its cargo, its equipment or personal
belongings of its complement or
passengers.
Elements of piracy:
1. That a vessel is on the high seas or on
Philippine waters;
2. That the offenders are NOT members of its
complement or passengers of the vessel;
3. That the offenders:
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of
said vessel, its equipment or personal
belongings of its complement or
passengers.
High seas – waters which are beyond the
boundaries of the low-water mark, although
such waters may be in the jurisdictional limits
of a foreign government; parts of the sea that
are not included in the exclusive economic
zone, in the territorial seas, or in the internal
waters of a state, or in the archipelagic waters
of an archipelagic state (United Nations
Convention on the Law of the Sea).
Philippine waters – shall refer to all bodies of
water, such as but not limited to seas, gulfs,
bays, around, between and connecting each of
the islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or
dimension, and all waters belonging to the
Philippines by historic or legal title, including
territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the
Philippines has sovereignty and jurisdiction
(Sec. 2, P.D. 532).
 Piracy is a crime not against any particular
state but against all mankind. It may be
punished in the competent tribunal of any
country where the offender may be found
or into which he may be carried.
Mutiny – the unlawful resistance to a superior,
or the raising of commotions and disturbances
on board a ship against the authority of its
commander.
Piracy under RPC Mutiny
Place of commission: Either in Philippine waters or
on the high seas
The persons who attack
a vessel or seize its
cargo are strangers to
the vessels.
Mutiny is committed by
members of the crew or
passengers.
Intent to gain is
essential.
The offenders may only
intend to ignore the
ship’s officers or they
may be prompted by a
desire to commit plunder.
PRESIDENTIAL DECREE NO. 532
Anti-Piracy and Anti-Highway
Robbery Law of 1974
Vessel – any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for
fishing.
Piracy under RPC
Piracy under
PD 532
Punishes piracy
committed either in
Philippine waters or on
the high seas.
Punishes piracy
committed in Philippine
waters only.

81
Piracy under RPC
Piracy under
PD 532
Offenders: Non-
passengers or non-
members of the crew, in
short, strangers to the
vessel.
Offenders: any person
(may be a passenger,
crew or a stranger).
Aiding or Abetting of Piracy
Any person who shall knowingly aid or abet
piracy will be considered as an accomplice in
the commission of piracy and punished
according to the rules under the RPC.
Requisites:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by
such pirates, or in any manner derives any
benefit therefrom;
3. Directly or indirectly abets the commission
of piracy.
ARTICLE 123
QUALIFIED PIRACY
Qualifying Circumstances:
1. Whenever the offenders have seized the
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 “crimes” mentioned in the article
which are qualified are piracy and
mutiny on the high seas.
 Qualified piracy is a SPECIAL
COMPLEX CRIME punishable by
reclusión perpetua to death,
regardless of the number of victims.
 Offenders are not liable for the
separate crimes of murder, homicide,
physical injuries, or rape.
Qualified Mutiny: When the second or the
third circumstance accompanies the crime of
mutiny mentioned under Art. 122, mutiny is
then qualified. First circumstance may not
qualify the crime of mutiny.
REPUBLIC ACT NO. 6235
ANTI-HIJACKING LAW
Meaning of “aircraft is in flight” - from the
moment all exterior doors are closed following
embarkation until the same doors are again
opened for disembarkation.
Acts Punished
1. Usurping or seizing control of an aircraft of
Philippine registry while it is in flight; or
compelling the pilots thereof to change its
course or destination;
Note: When the aircraft is not in flight, the
usurpation or seizure of the aircraft may
amount to coercion or threat. When death
results, the crime is homicide or murder,
as the case may be.
2. Usurping or seizing control of an aircraft of
foreign registry, while within Philippine
territory, or compelling the pilots thereof to
land in any part of Philippine territory;
Aggravating circumstances to acts
punished under 1 and 2:
a. When the offender has fired upon the
pilot, member of the crew, or
passenger of the aircraft;
b. When the offender has exploded or
attempted to explode any bomb or
explosive to destroy the aircraft;
c. Whenever the crime is accompanied
by murder, homicide, serious physical
injuries or rape. (Thus, such common
crimes are considered aggravating
circumstances only; they are not
separated from or complexed with the
crime of hijacking)
3. Carrying or loading on board an aircraft
operating as a public utility passenger
aircraft in the Philippines flammable,
corrosive, explosive or poisonous
substances;
4. Loading, shipping, or transporting on
board a cargo aircraft operating as a
public utility in the Philippines, flammable,
corrosive, or poisonous substance if not
done in accordance with the rules and
regulations of the Air Transportation
Office.
Note: There is no attempted hijacking since it
is punishable under a special law and
attempted stage is not punishable under the
said law.
TITLE TWO:
CRIMES AGAINST THE FUNDAMENTAL
LAW OF THE STATE
All offenses in this Title are required to be
committed by public officers except offending
the religious feelings.

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CHAPTER ONE: ARBITRARY DETENTION
OR EXPULSION, VIOLATION OF
DWELLING, PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETING AND CRIMES
AGAINST RELIGIOUS WORSHIP (ARTS.
124-133)
SECTION ONE: ARBITRARY DETENTION
AND EXPULSION
ARTICLE 124
ARBITRARY DETENTION
Elements:
1. That the offender is a public officer or
employee;
2. That he detains a person;
3. That the detention is without legal ground.
Detention – a person is detained when he is
placed in confinement or there is restraint on
his person.
 Detention need not involve any physical
restraint. Psychological restraint is
sufficient. If the acts and actuations of the
accused can produce such fear in the
mind of the victim sufficient to paralyze the
latter, to the extent that the victim is
compelled to limit his own actions and
movements in accordance with the wishes
of the accused, then the victim is, for all
intents and purposes, detained against his
will (Astorga vs. People, G. R. No. 154130
Oct. 1, 2003).
Legal grounds for the detention of
persons:
1. The commission of a crime
2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital
Note: This is list is not exclusive so long
as the ground is considered legal (e.g. in
contempt of court, under quarantine, or a
foreigner to be deported).
 The public officer liable for arbitrary
detention must be vested with authority to
detain or order the detention of persons
accused of a crime, but when they detain
a person they have no legal grounds
therefor.
 If the detention is perpetrated by other
public officers NOT vested with authority
or any private individual, the crime
committed is illegal detention (Art. 267 or
268).
 The penalty for Arbitrary Detention
depends upon the period of detention
involved. A greater penalty is imposed if
the period is longer.
 Arrest without a warrant is the usual cause
of arbitrary detention. The crime of
unlawful arrest is, however, absorbed in
the crime of arbitrary detention.
Arrest without warrant – when LAWFUL:
1. When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense;
 “In his presence” – when the officer
sees the offense being committed,
although at a distance, or hears the
disturbance created thereby and
proceeds at once to the scene thereof,
or when the offense is continuing or
has not been consummated at the
time the arrest is made, the offense is
said to be committed in his presence.
(U.S. vs. Samonte, 16 Phil 516 [1910])
2. When an offense has in fact just been
committed, and he has probable cause to
believe based on personal knowledge of
facts and circumstances that the person to
be arrested has committed it;
3. When the person to be arrested is a
prisoner, has escaped from a penal
establishment, or place where he is
serving final judgment or temporarily
confined while his case is pending, or has
escaped while being transferred from one
confinement to another. (Sec. 5, Rule 113,
Revised Rules of Criminal Procedure)
 It may be committed through
imprudence.
ARTICLE 125
DELAY IN THE DELIVERY OF DETAINED
PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
Elements:
employee;
2. That he has detained a person for some
legal ground (Sec. 5, Rule 113, Rules of
Court);
3. That he fails to deliver such person to the
proper judicial authorities within:
a. 12 hrs. for offenses punishable by light
penalties or their equivalent.
b. 18 hrs. for offenses punishable by
correctional penalties or their
equivalent.
c. 36 hrs. for offenses punishable by
afflictive penalties or their equivalent.

83
Circumstances considered in determining
liability of officer detaining a person
beyond legal period:
1. The means of communication;
2. The hour of arrest; and
3. Other circumstances such as the time of
surrender and the material possibility of
the fiscal to make the investigation and file
in time the necessary information.
Meaning of “proper judicial authorities”
It refers to the courts of justice or judges of
said courts vested with judicial power to order
the temporary detention or confinement of a
person charged with having committed a
public offense.
Reason for Article 125
It is intended to prevent any abuse resulting
from confining a person without informing him
of his offense and without permitting him to go
on bail.
 A private individual who makes a lawful
arrest must also comply with requirements
under Art. 125. If he fails to comply, he is
liable for the crime of ILLEGAL
DETENTION under Art. 267 or 268.
 The illegality of the detention is not cured
by the filing of information in court.
 Art. 125 applies only when the arrest is
made without a warrant of arrest but
lawful. It does NOT apply when the arrest
is by virtue of a warrant of arrest, in which
case he can be detained indefinitely. He
must, however, be delivered without
unnecessary delay to the nearest police
station or jail.
 Person arrested may request for a
preliminary investigation but must sign a
waiver of Art. 125.
“Delivery to proper authorities”
It means filing of an information against the
person arrested with the corresponding court
or judge. It does not mean “physical delivery”.
Art. 124 Art. 125
The detention is illegal
from the beginning.
The detention is legal in
the beginning but the
illegality of the detention
starts from the expiration
of any of the periods of
time specified in Art. 125,
without the person
detained having been
delivered to the proper
judicial authority
ARTICLE 126
DELAYING RELEASE
Three acts punished:
1. By delaying the performance of a judicial
or executive order for the release of a
prisoner;
2. By unduly delaying the service of the
notice of such order to said prisoner;
3. By unduly delaying the proceedings upon
any petition for the liberation of such
person.
Elements:
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 either:
a. The service of the notice of such order
to the prisoner;
b. The performance of such judicial or
executive order for the release of the
prisoner; or
c. The proceedings upon a petition for
the release of such person.
Note: Most likely to be violated by wardens or
jailers.
ARTICLE 127
EXPULSION
Two acts punished:
1. By expelling a person from the Philippines;
2. By compelling a person to change his
residence.
Elements:
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.
Exception: (no expulsion) in cases of
ejectment, expropriation or when the penalty
of destierro is imposed.
 Only the President of the Philippines is
authorized to deport aliens under the
Revised Administrative Code.
 Only the court by a final judgment can
order a person to change residence

CRIMINAL LAW
BOOK TWO
84
SECTION TWO: VIOLATION OF DOMICILE
ARTICLE 128
VIOLATION OF DOMICILE
Acts Punished
1. By entering any dwelling against the will of
the owner thereof;
2. By searching papers or other effects found
therein without the previous consent of
such owner;
3. By refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been required to
leave the same.
Common elements:
1. That the offender is public officer or
employee;
2. That he is not authorized by judicial order
to enter the dwelling and/ or to make a
search for papers and for other effects.
Qualifying circumstances:
1. If committed at nighttime;
2. If any papers or effects, not constituting
evidence of a crime are not returned
immediately after a search is made by the
offender.
 The offender must be a public officer or
employee. If he is a private individual, the
crime committed is TRESPASS TO
DWELLING.
 In the first mode, lack of consent would not
suffice as the law requires that the
offender’s entry must be over the owner’s
objection.
In the second mode, mere lack of consent
is sufficient.
In the third mode, what is punished is the
refusal to leave, the entry having been
made surreptitiously.
 It is believed, however, that if the
surreptitious entry had been made through
an opening not intended for that purpose,
the offender would be liable under the first
mode since it is entry over the implied
objection of the inhabitant.
 Although the Code speaks of the owner of
the premises, it would be sufficient if the
inhabitant is the lawful occupant using the
premises as his dwelling, although he is
not the owner thereof.
“Against the will of owner”
It presupposes opposition or prohibition by the
owner, WHETHER EXPRESS OR IMPLIED,
and not merely the absence of consent.
ARTICLE 129
SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE
SERVICE OF THOSE LEGALLY
OBTAINED
Acts Punished:
1. Procuring a search warrant without just
cause
Elements:
a. That the offender is a public officer or
employee;
b. That he procures a search warrant;
c. That there is no just cause.
2. Exceeding his authority or by using
unnecessary severity in executing a
search warrant legally procured
Elements:
employee;
b. That he has legally procured a search
warrant;
c. That he exceeds his authority or uses
unnecessary severity in executing the
same.
Search warrant – is an order in writing issued
in the name of the People of the Philippines,
signed by the judge and directed to a peace
officer, commanding him to search for
personal property described therein and bring
it before the court.
Requisite for the issuance of search
warrant
A search warrant shall not issue except upon
probable cause in connection with one specific
offense to be determined personally by the
judge after examination under oath or
affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the
things to be seized which may be anywhere in
the Philippines. (Sec. 4, Rule 126, Revised
Rules of Criminal Procedure)
Test of lack of just cause
Whether the affidavit filed in support of the
application for search warrant has been drawn
in such a manner that perjury could be
charged thereon and affiant can be held liable
for damages caused.
 If the search warrant is secured through a

85
false affidavit, the crime punished by this
article CANNOT be complexed but will be
a separate crime from perjury since the
penalty herein provided shall be IN
ADDITION TO the penalty of perjury.
 A search warrant shall be valid for ten (10)
days from its date.
Instances when a warrantless search and
seizure is valid
1. Consented searches;
2. As an incident to a lawful arrest;
3. Searches of vessels and aircraft for
violation of immigration, customs, and
drug laws;
4. Searches of moving vehicles;
5. Searches of automobiles at borders or
constructive borders;
6. Where the prohibited articles are in "plain
view";
7. Searches of buildings and premises to
enforce fire, sanitary, and building
regulations; and
8. "stop and frisk" operations. (People v.
Lopez GR No. 181747 September 29,
2008)
Note: The officer, if refused admittance to the
place of directed search after giving notice of
his purpose and authority, may break open
any outer or inner door or window of a house
or any part of a house or anything therein to
execute the warrant or liberate himself or any
person lawfully aiding him when unlawfully
detained therein. (Sec. 7, Rule 126, Rules of
Court)
ARTICLE 130
SEARCHING DOMICILE WITHOUT
WITNESSES
Elements:
employee;
2. That he searches the domicile, papers or
other belongings of any person;
3. That he is armed with a warrant;
4. That the owner or any member of his
family or two witnesses residing in the
same locality are not present.
 The papers or other belongings must be in
the dwelling of their owner at the time the
search is made.
 Art. 130 does NOT apply to searches of
vehicles or other means of transportation.
 Search without warrant under the Tariff
and Customs Code does not include a
dwelling house.
SECTION THREE: PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETINGS
ARTICLE 131
PROHIBITION, INTERRUPTION, &
DISSOLUTION OF PEACEFUL MEETINGS
Acts Punished:
1. Prohibiting, interrupting or dissolving
without legal ground the holding of a
peaceful meeting;
2. Hindering any person from joining any
lawful association or from attending any of
its meetings;
3. 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.
Common elements:
1. That the offender is a public officer;
2. That he performs any of the acts
mentioned above
 Right to conduct peaceful meeting is not
absolute. It may be regulated by the police
power of the state. However, there is a
legal ground to prohibit when the danger is
imminent and the evil to be prevented is a
serious one.
 The offender must be a stranger, and not
a participant. If the offender is a
participant, the crime committed is unjust
vexation.
 Interrupting and dissolving the meeting of
municipal council by a public officer is a
crime against a legislative body, not
punished under Art. 131 but under. Art.
143 and 144.
 If the offender is a private individual, the
crime is disturbance of public order under
Art. 153.
SECTION FOUR: CRIMES AGAINST
RELIGIOUS WORSHIP
ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP
Elements:
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.
 Qualified by violence or threats

CRIMINAL LAW
BOOK TWO
86
 If the prohibition or disturbance is
committed only in a meeting or rally of a
sect, it would be punishable under Art.131.
ARTICLE 133
OFFENDING RELIGIOUS FEELINGS
Elements:
1. That the acts complained of were
performed:
a. In a place devoted to religious worship
(not necessary that there is a religious
worship); or
b. During the celebration of any religious
ceremony;
2. That the acts must be notoriously offensive
to the feelings of the faithful.
Religious ceremonies – are those religious
acts performed outside of a church, such as
procession and special prayers for burying
dead person
“Acts notoriously offensive to the feelings
of the faithful”
The acts must be directed against religious
practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing at or
attempting to damage an object of religious
veneration.
 May be committed by a public officer or a
private individual
 Offense of feeling is judged from
complainant’s point of view.
 There must be deliberate intent to hurt the
feelings of the faithful
TITLE THREE:
CRIMES AGAINST PUBLIC ORDER
ARTICLE 134
REBELLION/ INSURRECTION
Elements:
1. That there be:
a. Public uprising; and
b. Taking up of arms against the
government.
2. For the purpose of:
a. Removing from the allegiance to said
Government or its laws:
i. The territory of the Philippines, or
any part thereof; or
ii. Any body of land, naval or other
armed forces; or
b. Depriving the Chief Executive or
Congress, wholly or partially, of any of
their powers or prerogatives.
 If the act is to deprive the Judiciary of its
powers or prerogatives, the crime
committed is sedition.
Rebellion - more frequently used where the
object of the movement is to completely
overthrow and supersede the existing
government. It is a crime of the masses, of the
multitude. It is a vast movement of men and a
complex network of intrigues and plots.
Purpose of the uprising must be shown,
without evidence to indicate the motive or
purpose of the accused does not constitute
rebellion. It may constitute other crimes like
sedition or kidnapping.
Insurrection – more commonly employed in
reference to a movement which seeks merely
to effect some change of minor importance, or
to prevent the exercise of governmental
authority with respect to particular matters or
subjects.
Note: ACTUAL CLASH with the armed forces
of the Government is NOT necessary to
convict the accused who is in conspiracy with
others actually taking arms against the
government.
Rebellion Treason
As to purpose
1. To remove from the
allegiance to said
gov't or the laws the
territory of the Phils.
Or any body of
land, naval or other
armed forces;
2. To deprive the
Chief Executive or
Congress of any of
their powers.
Violation by a subject of
his allegiance to his
sovereign or to the
supreme authority of the
State.
Manner of commission
1. Public uprising, and
2. By taking arms
against the Gov't.
1. By levying war
against the gov't;
2. By adhering to the
enemies of the
Phils., giving them
aid or comfort
Time of commission
May be committed both
during times of peace
and war
Committed during a time
of war.
Proof needed for conviction
Proved by showing the
purpose of the uprising;
there must be proof
beyond reasonable
doubt
1. Testimony of 2
witnesses, at least
to the same overt
act; or
2. Confession of
accused in open
court

87
 Giving aid and comfort is not criminal in
rebellion.
 Persons acting as couriers or spies for
rebels are guilty of rebellion.
 Mere silence regarding the presence of
rebels despite knowledge of a rebellion is
not punishable.
 Rebellion cannot be complexed with, but
absorbs other crimes committed in
furtherance of rebellious movement. There
is no complex crime of rebellion with
murder and other common crimes,
whether such crimes are punishable under
a special law or general law (RPC)
provided that such crimes are committed in
furtherance or in pursuance of the
movement to overthrow the government.
(Ponce Enrile v. Amin, G. R. No. 93335,
September 13, 1990).
ARTICLE 134-A
COUP D’ETAT
Elements of coup d’etat:
1. That the offender is a person or persons
belonging to military or police or holding
any public office or employment;
2. That it is committed by means of a swift
attack, accompanied by violence,
intimidation, threat, strategy, or stealth;
3. That the attack is directed against duly
constituted authorities of the Republic of
the Philippines or any military camp, or
installation, or communication networks,
public utilities or other facilities needed for
the exercise and continued possession of
power;
4. That the purpose of the attack is to seize
or diminish state power.
 The crime of coup d’etat may be
committed with or without civilian
participation.
 State Power includes power of the
President, Legislative and Judicial Power,
including police power.
 Under Section 3 of the Human Security
Act of 2007 a person who commits an act
punishable as coup d’ etat including acts
committed by private persons, thereby
sowing and creating a condition of
widespread and extraordinary fear and
panic among the populace, in order to
coerce the government to give in to an
unlawful demand shall be guilty of
terrorism.
Rebellion Coup d‘etat
There must be a public
uprising, more than one
person is involved.
May be committed by
one person or a
multitude.
Offenders: No qualifica-
tions.
Principal offender/s must
belong to the military or
police, or hold any public
office or employment,
with or without civilian
support.
Purpose: To overthrow
the government.
Purpose: To destabilize
the government or
diminish state power.
Essence: Public
uprising and taking up
of arms against the
government.
Essence: Swift attack
accompanied by
violence, intimidation,
threat, strategy or
stealth directed against
the government or any
military camp or
installation or
communication
networks, public utilities
or other facilities needed
for the exercise and
continued possession of
power.
ARTICLE 135
PENALTY FOR REBELLION OR
INSURRECTION OR COUP D’ETAT
Persons liable for rebellion, insurrection
and/or coup d’etat:
 The leaders –
 Any person who
a. Promotes;
b. Maintains; or
c. Heads a rebellion or insurrection;
or
 Any person who –
a. Leads;
b. Directs; or
c. Commands others to undertake a
coup d’etat;
 The participants –
 Any person who
1. Participates; or
2. Executes the commands of others
in rebellion, or insurrection;
 Any person in the government service
who
1. Participates; or
2. Executes directions or commands
of others in undertaking a coup
d’etat;
 Any person not in the government
service who
1. Participates;
2. Supports;
3. Finances;
4. Abets; or
5. Aids in undertaking a coup d’etat.

CRIMINAL LAW
BOOK TWO
88
Who shall be deemed the leader of the
rebellion, insurrection or coup d’etat 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, or
4. Performed similar acts, on behalf of the
rebels.
 Being a mere assistant to a principal, guilty
of rebellion and punishable under the
second paragraph of Art. 135 is a
participant in the commission of Rebellion.
(People v. Lava, 28 SCRA 72 [1969])
Political Crimes – in contrast to common
crimes, are those directly aimed against the
political order, as well as such common crimes
as may be committed to achieve a political
purpose. The decisive factor is the intent or
motive.
 Killing, robbing, etc., for private purposes
or profit, without any political motivation,
would be separately punished and would
not be absorbed in the rebellion. (People
vs. Geronimo, et al., 100 Phil 90 [1956])
ARTICLE 136
CONSPIRACY & PROPOSAL TO
COMMIT REBELLION, INSURRECTION
OR COUP D’ ETAT
Two Crimes penalized under this article:
1. Conspiracy to commit rebellion, and
2. Proposal to commit rebellion.
Conspiracy to commit rebellion – when two
or more persons come to an agreement to rise
publicly and take arms against the
Government for any of the purposes of
rebellion and decide to commit it
Proposal to commit rebellion – when the
person who has decided to rise publicly and
take arms against the Government for any of
the purposes of rebellion proposes its
execution to some other person or persons
 This is an instance where the law punishes
preparatory acts.
ARTICLE 137
DISLOYALTY OF PUBLIC
OFFICERS/EMPLOYEES
Acts Punished
1. Failing to resist a rebellion by all means in
their power;
2. Continuing to discharge the duties of their
office under the control of the rebels;
3. Accepting appointment to office under the
rebels.
 The offender must be a public officer or
employee.
 The crime presupposes the existence of
rebellion by other persons; the offender
must not be in conspiracy with the rebels;
otherwise, he himself will also be guilty of
rebellion.
ARTICLE 138
INCITING TO REBELLION/
INSURRECTION
Elements:
1. That the offender does not take up 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 (SPWEBO) tending to the
same end.
Proposal to Commit
Rebellion
Inciting to Rebellion
In both crimes, the offender induces another to
commit rebellion.
The person who
proposes has decided to
commit rebellion.
It is not required that the
offender has decided to
commit rebellion.
The person who
proposes the execution
of the crime uses secret
means.
The act of inciting is
done publicly.
Note: In both, the crime of rebellion should not be
actually committed by the persons to whom it is
proposed or who are incited. If they commit
rebellion because of the proposal or inciting, the
proponent or the one inciting may become a
principal by inducement in the crime of rebellion.
ARTICLE 139
SEDITION
Elements:
1. That the offenders rise:
a. Publicly; and
b. Tumultuously;
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:

89
a. To prevent the promulgation or
execution of any law or the holding of
any popular election;
b. To prevent the government or any
public officer from freely exercising its
or his functions, or prevent the
execution of any Administrative Order;
c. To inflict any act of hate or revenge
upon the person or property of any
public officer or employee;
d. To commit, for any political or social
end, any act of hate or revenge
against private persons or any social
class;
e. To despoil, for any political or social
end, any person or the government of
all its property or any part thereof.
Tumultuous – if caused by more than three
persons who are armed or provided with the
means of violence
Sedition Rebellion
In both, there must be public uprising.
It is sufficient that the
public uprising is
tumultuous.
There must be taking up
of arms against the
Government.
The purpose of the
offenders may be
political or social.
The purpose is always
political.
Not necessarily against
the government
Always against the
government
 Public uprising and an object of sedition
must concur.
 In sedition, it is immaterial if the objective
be completely attained.
 Mere public uprising for any of the
objective mentioned in Art. 139 is
punishable.
Note: Common Crimes are NOT absorbed in
the crime of sedition.
General Rule: Common Crimes are NOT
absorbed in sedition.
Exception: However, sedition absorbs the use
of unlicensed firearms as an element thereof,
pursuant to RA 8294.
ARTICLE 140
PENALTY FOR SEDITION
Persons liable:
1. The leader of the sedition;
2. Other persons participating in the sedition.
ARTICLE 141
CONSPIRACY TO COMMIT SEDITION
 Only Conspiracy to commit sedition is
punishable and not proposal to commit
sedition.
 There must be an agreement both to attain
an object of sedition and to rise publicly
and tumultuously.
ARTICLE 142
INCITING TO SEDITION
Acts Punished:
1. Inciting others to commit sedition by
means of speeches, proclamations,
writings, emblems cartoons, banners, or
other representations tending to the same
end;
2. Uttering seditious words or speeches
which tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous
libels against the Government or any of its
duly constituted authorities.
4. Knowingly concealing such evil practices.
Scurrilous – means vulgar, mean, foul
Elements of act no. 1:
1. That the offender does not take direct part
in the crime of sedition;
2. That he incites others to the
accomplishment of any of the acts which
constitute sedition;
3. That the inciting is done by means of
speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending to the same end.
Acts nos. 2 & 3 punishable when:
1. They tend to disturb or obstruct any lawful
officer in executing the functions of his
office;
2. They tend to instigate others to cabal and
meet together for unlawful purposes;
3. They suggest or incite rebellious
conspiracies or riots or
4. They lead or tend to stir up the people
against the lawful authorities or disturb the
peace of the community, and the safety
and order of the Government.
Sedition Treason
In its more general
sense, it is the raising of
commotions or
disturbances in the
State.
In its more general
sense, it is the violation
by a subject of his
allegiance to his
sovereign.

CRIMINAL LAW
BOOK TWO
90
Rules relative to seditious words:
 Clear and present danger rule
It is required that there must be
reasonable ground to believe that the
danger apprehended is imminent and that
the evil to be prevented is a serious one.
There must be the probability of serious
injury to the State.
 Dangerous tendency rule
There is inciting to sedition when the
words uttered or published could easily
produce disaffection among the people
and a state of feeling in them incompatible
with a disposition to remain loyal to the
Government and obedient to the laws.
The dangerous tendency rule is generally
adopted in the Philippines.
Reasons why seditious utterances are
prohibited:
If the State were compelled to wait until the
apprehended danger became certain, then its
right to protect itself would come into being
simultaneously with the overthrow of the
Government, when there would be neither
prosecuting officers nor courts for the
enforcement of the law.
CHAPTER TWO: CRIMES AGAINST
POPULAR REPRESENTATION
(ARTS. 143-145)
SECTION ONE: CRIMES AGAINST
LEGISLATIVE BODIES AND SIMILAR
BODIES
ARTICLE 143
ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND
SIMILAR BODIES
Elements:
1. That there be a projected or actual
meeting of the National Assembly or any
of its committees or subcommittees,
constitutional commissions or committees
or divisions thereof, or of any provincial
board or city or municipal council or board;
2. That the offender, who may be any
person, prevents such meeting by force or
fraud.
 Force referred to here is one that
produces an injury on the person of
another, and fraud involves
falsification. Thus, physical injuries
and falsification will be complexed as
a necessary means to commit this
crime.
ARTICLE 144
DISTURBANCE OF PROCEEDINGS
Elements:
1. That there be a meeting of Congress or
any of its committees or subcommittees,
constitutional commissions or committees
or divisions thereof, or any provincial
board or city or municipal council or board;
2. That the offender does any of the following
acts:
a. He disturbs any of such meetings;
b. 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 a member of
the legislative body.
 Disturbance created by a participant in the
meeting is not covered by Art. 144.
 The same act may be made the basis for
contempt since it is coercive in nature
while the crime under this Article is
punitive.
SECTION TWO: VIOLATION OF
PARLIAMENTARY IMMUNITY
ARTICLE 145
VIOLATION OF PARLIAMENTARY
IMMUNITY
Acts Punished
1. Using force, intimidation, threats, or frauds
to prevent any member from
a. Attending the meetings of Congress or
any of its committees or
subcommittees, constitutional
commissions or committees or
divisions thereof, or from
b. Expressing his opinions or
c. Casting his vote.
Elements:
a. That the offender uses force,
intimidation, threats or fraud;
b. That the purpose of the offender is to
prevent any member of Congress
from—
i. Attending the meetings of the
Congress or any of its committees
or constitutional commissions,
etc.; or
ii. Expressing his opinions; or
iii. Casting his vote.
 The offender in Par. 1 may be any
person.

91
2. Arresting or searching any member while
Congress is in session, except in cases
where such member has committed a
crime punishable under the Code by a
penalty higher than prision mayor.
Elements:
employee;
b. That he arrests or searches any
member of Congress;
c. That the Congress, at the time of
arrest or search, is in regular or
special session;
d. That the member arrested or searched
has not committed a crime punishable
under the Code by a penalty higher
than prision mayor.
Session - refers to the entire period from its
initial convening until its final adjournment.
 Parliamentary immunity does not protect
members of Congress from responsibility
before the legislative body itself.
 The 1987 Constitution exempts member of
Congress from arrest, while the Congress
is in session, for all offenses punishable by
a penalty less than prision mayor.
 It is not necessary that the member is
actually prevented from exercising any of
his functions. It is sufficient that Congress
is in session.
Note: Under Sec 11, Art VI of the 1987
Constitution “A senator or Member of the
House of Representatives shall in all offenses
punishable by not more than six years
imprisonment, be privileged from arrest while
Congress is in session.” While Art 145 of the
RPC states penalty higher than prison mayor.
To be consistent with the Constitution, the
Constitution should prevail over Article 145,
and the Constitution says “6 years”, not prision
mayor.
CHAPTER THREE: ILLEGAL ASSEMBLIES
AND ASSOCIATIONS (ARTS. 146-147)
ARTICLE 146
ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:
1. Any meeting attended by armed persons
for the purpose of committing any of the
crimes punishable under the Code
Requisites:
a. That there is a meeting, gathering or
group of persons, whether in a fixed
place or moving;
b. That the meeting is attended by armed
persons;
c. That the purpose of the meeting is to
commit any of the crimes punishable
under the Code.
 Not all the persons present at the
meeting of the first form of illegal
assembly must be armed. It is
sufficient that at least 2 persons are
armed.
 If none of the persons present in the
meeting are armed, there is no crime
of Illegal Assembly.
2. Any meeting in which the audience,
whether armed or not, is incited to the
commission of the crime of treason,
rebellion or insurrection, sedition, or
assault upon a person in authority
Requisites:
a. That there is a meeting, a gathering or
group of persons, whether in a fixed
place or moving;
b. That the audiences, whether armed or
not, is incited to the commission of the
crime of treason, rebellion or
insurrection, sedition or direct assault.
 It is necessary that the audience is
actually incited. If in the meeting the
audience is incited to the commission
of rebellion or sedition, the crimes
committed are ILLEGAL ASSEMBLY
as regards the organizers or leaders or
persons merely present and INCITING
TO REBELLION OR SEDITION
insofar as the one inciting them is
concerned.
Persons liable in illegal assemblies:
1. The organizers or leaders of the meeting;
2. Persons merely present at the meeting.
Presumptions:
If any person carries an unlicensed firearm, it
is presumed that:
1. The purpose of the meeting insofar as he
is concerned is to commit acts punishable
under the RPC, and
2. He is considered a leader or organizer of
the meeting.
 The law does NOT distinguish
whether or not the firearms are
licensed or unlicensed. It only gives a
presumption if the firearm used is
unlicensed.
A person invited to give a speech in an illegal
assembly or meeting and incites the members
of such assembly is guilty of inciting to sedition

CRIMINAL LAW
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only and not punishable under illegal
assembly.
ARTICLE 147
ILLEGAL ASSOCIATIONS
Prohibited associations:
Association totally or partially organized for:
1. The purpose of committing any of the
crimes punishable under the Code, or
2. Some purpose contrary to public morals.
Public morals – refer to matters which affect
the interest of society and public convenience
and is not limited to good customs
Persons liable:
1. Founders, directors, and president of the
association
2. Members of the association
Illegal Assembly Illegal Association
It is necessary that there
is an actual meeting or
assembly of armed
persons for the purpose
specified in Art. 146.
It is not necessary that
there is an actual
meeting.
It is the meeting and
attendance at such
meeting that is
punished.
It is the act of forming or
organizing and
membership in the
association that is
punished.
The persons liable are:
1. The organizers or
leaders of the
meetings, and
2. The persons
present at the
meeting.
The persons liable are:
1. The founders,
directors and
president, and
2. The members.
Organized for temporary
purposes
More or less of some
duration
Held in connection with
crimes punishable under
the RPC
Even acts contrary to
public morals are
included.
CHAPTER FOUR: ASSAULT UPON, AND
RESISTANCE & DISOBEDIENCE TO,
PERSONS IN AUTHORITY AND THEIR
AGENTS (ARTS. 148-152)
ARTICLE 152
PERSONS IN AUTHORITY & AGENTS
OF PERSONS IN AUTHORITY
Public Officer
(PO)
Person in
Authority (PA)
Agent of a
Person in
Authority (APA)
Any person
who takes part
in the
performance
of public
functions in
the
government.
Any person
directly vested
with jurisdiction,
whether as an
individual or as a
member of some
court or
governmental
corporation,
board or
commission.
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.
 Any person who comes to aid of a person
in authority may be considered as an
agent of a person in authority.
ARTICLE 148
DIRECT ASSAULT
Two ways to commit:
1. Without public uprising, by employing
force or intimidation for the attainment of
any of the purposes enumerated in
defining the crimes of sedition & rebellion
Elements:
a. That the offender employs force or
intimidation;
b. 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
crime of sedition;
c. That there is no public uprising.
 Offended party need NOT BE a
person in authority or his agent, he
may be a private individual if the
object is to attain an object of sedition.
2. Without public uprising, by attacking, by
employing force or seriously intimidating or
by seriously resisting any person in
authority (PA) or any of his agents (APA),
while engaged in the performance of
official duties, or on the occasion of such
performance

93
Elements:
a. That the offender:
i. Makes an attack (equivalent to
aggression),
ii. Employs force (The force must be
serious and must be of such a
character as to show contempt for
authority (Gregorio). However, it is
important to determine whether
the victim is a PA or APA. If the
victim is a PA, the degree of force
employed against him is
immaterial as the mere laying of
hands on him is sufficient ( U.S. vs
Gumban, 39 Phil 76). If the victim
is an APA, the violence,
intimidation, or resistance
employed by the offender must be
serious ( U.S. vs Tabiana,37 Phil
515).
iii. Makes a serious intimidation
(unlawful coercion, duress, putting
someone in fear, exertion of an
influence in the mind which must
be both immediate and serious),
or
iv. Makes a serious resistance (if not
serious, crime committed may be
that under Article 151 or
resistance and disobedience);
b. That the person assaulted is a person
in authority or his agent;
c. That at the time of the assault the
person in authority or his agent:
i. Is engaged in the actual
performance of official duties, or
ii. That he is assaulted by reason of
the past performance of his official
duties;
d. That the offender knows that the one
he is assaulting is a person in
authority or his agent in the exercise
of his duties;
e. That there is no public uprising.
Considered NOT in the actual performance
of official duties:
1. When the PA or APA exceeds his powers
or acts without authority;
2. Unnecessary use of force or violence;
3. Descended to matters which are private in
nature.
Two kinds of direct assault of the second
form:
1. Simple assault
2. Qualified assault
Direct assault is qualified when:
1. Committed with a weapon;
2. Offender is a public officer or employee;
3. Offender lays hands upon a person in
authority.
 Knowledge of the accused that the victim
is a PA or APA is essential.
 An “attack” is any offensive or antagonistic
movement or action of any kind.
 Teachers, professors, and persons in
charge with the supervision of public or
duly recognized private schools, colleges
and universities shall be deemed persons
in authority, in applying Arts. 148 and 151.
 Evidence of motive of the offender is
important when the person in authority or
his agent who is attacked or seriously
intimidated is not in the actual
performance of his official duty.
 Even when PA or APA agrees to fight, an
attack made by accused constitutes Direct
Assault, except when the attack is made
in lawful defense; the character of a
person in authority or agent is not laid off
at will but attaches to him until he ceases
to be in office.
 If Direct Assault is committed and as a
result the PA or APA is killed, the crime
shall be the complex crime of Direct
Assault with Homicide or Murder as the
case may be.
 If Direct Assault is committed and the PA
or APA suffers Serious or Less Serious
Physical Injuries, the crime shall be a
complex crime or Direct Assault with
Serious or Less Serious Physical Injuries.
 The crime of slight physical injuries is
absorbed in direct assault if committed
against an APA. If committed against a
PA, it will be considered as a separate
offense.
 The crime of direct assault is not
committed when the PA or APA is
suspended or under suspension when he
is attacked.
 If the accused was also acting in the
performance of his official duties, crime
committed may be coercion or physical
injuries.
ARTICLE 149
INDIRECT ASSAULT
Elements:
1. That a PA or an APA is the victim of any of
the forms of direct assault defined in Art.
148;
2. That a person comes to the aid of the
APA;

CRIMINAL LAW
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3. That the offender makes use of force or
intimidation upon such person coming to
the aid of the APA.
 Indirect assault can be committed only
when a direct assault is also committed.
 The offended party in indirect assault may
be a private person.
ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED BY
THE NAT’L ASSEMBLY, ITS COMMITTEES
OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSION, ITS
COMMITTEES, SUBCOMMITTEE OR
DIVISIONS
Acts punished:
1. Refusing, without legal excuse, to obey
summons of Congress, or any commission
or committee chairman or member
authorized to summon witnesses;
2. Refusing to be sworn or placed under
affirmation while before such legislative or
constitutional body or official;
3. Refusing to answer any legal inquiry or to
produce any books, papers, documents, or
records in his possession, when required
by them to do so in the exercise of their
functions;
4. Restraining another from attending as a
witness in such legislative or constitutional
body;
5. Inducing disobedience to summons or
refusal to be sworn by any such body or
official.
 The testimony of a person summoned
must be upon matters into which the
legislature has jurisdiction to inquire.
 Any of the acts punished herein may also
constitute contempt.
ARTICLE 151
RESISTANCE & DISOBEDIENCE TO A
PERSON IN AUTHORITY OR THE
AGENTS OF SUCH PERSON
Elements of resistance & serious
disobedience:
1. That a PA or his APA 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. 148-150.
Elements of simple disobedience:
1. That an APA is engaged in the
performance of official duty or gives a
lawful order to the offender;
2. That the offender disobeys such APA;
3. That such disobedience is not of a serious
nature.
 The accused must have knowledge that
the person giving the order is a peace
officer.
Direct Assault Distinguished from
Resistance or Serious Disobedience
Direct Assault Resistance
The PA or APA must be
engaged in the
performance of official
duties or that he is
assaulted by reason
thereof.
Only in actual
performance of duties.
Force employed is
serious.
Use of force is not so
serious.
Attack or Employment of
Force is deliberate
Attack or Employment of
Force is not deliberate.
Committed in any of the
following ways:
1. By attacking,
2. By employing force,
3. By seriously
intimidating;
4. By seriously resisting
a person in authority
or his agent
Committed by resisting
or seriously disobeying a
person in authority or his
agent
 The disobedience contemplated consists
in the failure or refusal to obey a direct
order from the authority or his agent.
 In the crime of resistance and
disobedience the offender must have
knowledge that the person arresting is a
person in authority or an agent of a person
authority.
CHAPTER FIVE: PUBLIC DISORDER
(ARTS. 153-156)
ARTICLE 153
TUMULTS & OTHER DISTURBANCES
OF PUBLIC ORDER
Acts punished:
1. Causing any serious disturbance in a
public place, office or establishment;
Note: If disturbance is not serious in
nature, alarms and scandals under Article
155 is committed.
2. Interrupting or disturbing public
performances, functions or gatherings, or

95
peaceful meetings, if the act is not
included in Arts. 131-132;
3. Making an outcry tending to incite rebellion
or sedition in any meeting, association or
public place;
Note: If outcry was premeditated to incite,
the crime committed is inciting to rebellion
or sedition.
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.
 Serious disturbance must be planned or
intended.
Outcry – to shout spontaneously subversive
or provocative words tending to stir up the
people so as to obtain by means of force or
violence any of the objects of rebellion or
sedition. The outcry must be spontaneous,
otherwise it would be the same as inciting to
rebellion or sedition.
Burying with pomp the body of a person –
ostentatious display of a burial
Inciting to Sedition or
Rebellion
Public Disorder
The outcry or displaying
of emblems or placards
should have been done
with the idea
aforethought of inducing
his hearers or readers to
commit the crime of
rebellion or sedition.
The outcry is more or
less unconscious
outburst which, although
rebellious or seditious in
nature, is not
intentionally calculated
to induce others to
commit rebellion or
sedition.
At the outset, the
meeting is unlawful.
At the outset, the
meeting is lawful but
becomes unlawful after
the outburst described
above.
 The penalty next higher in degree shall be
imposed upon persons causing any
disturbance or interruption of a tumultuous
character.
 It is tumultuous if caused by more than
three persons who are armed or provided
with the means of violence. However, this
is only a presumption juris tantum, hence if
the disturbance is in fact tumultuous it is
immaterial that there are no such armed
persons. Conversely if the gathering is not
in fact tumultuous, it does not matter if
there are such armed persons present on
that occasion.
 If the person who disturbs or interrupts the
meeting or religious worship is a public
officer, he shall be liable under Art. 131 or
132.
 Tumults and other disturbances can be
complexed with direct assault if the
tumults and disturbances of public order
are directed to a person in authority or an
agent of a person in authority.
ARTICLE 154
UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
UTTERANCES
Acts punished:
1. Publishing or causing to be published as
news any false news which may endanger
the public order, or cause damage to the
interest or credit of the State;
 The offender must know that the news
is false, to be liable.
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;
 The act of the offender of encouraging
disobedience to the law or the
authorities punishable under this
paragraph is different from inciting to
sedition which requires that the people
rise publicly.
3. Maliciously publishing or causing to be
published any official resolution or
document without 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.
 Actual public disorder or actual damage to
the credit of the state is not necessary.
The mere possibility of causing such
damage is sufficient.
 R.A. No. 248 prohibits the reprinting,
reproduction or republication of
government publications and official
documents without previous authority.
 If the printer/owner of the printing
establishment took part in the preparation
and publication of the libelous writings he

CRIMINAL LAW
BOOK TWO
96
shall be liable under Art 360.
 If the publication is both obscene and
anonymous, the offenses cannot be
complexed as they involve different acts
separately punished under this Article and
Article 201 on obscene publications.
ARTICLE 155
ALARMS & SCANDALS
Acts punished:
1. Discharging any firearm, rocket,
firecracker, or other explosive within any
town or public place, which produces
alarm or danger
Note: The discharge of the firearm should
not be directed at a person. Otherwise, the
offense committed would be Discharge of
Firearms under Article 254.
 It is the result, not the intent that
counts. Act must produce alarm or
danger as a consequence.
 The discharge may take place within
one’s own home since the law does
not distinguish as to where in town.
 According to Viada, the discharge of
firecrackers and rockets during fiestas
and festivals are not covered by the
law.
2. Instigating or taking an 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 amusements
4. Causing any disturbance or scandal in
public places while intoxicated or
otherwise, provided Art. 153 is not
applicable
 If the disturbance is of a serious nature,
the case will fall under Art. 153.
Charivari – includes a medley of discordant
voices, a mock serenade of discordant noises
made on kettles, tin, horns, etc. designed to
annoy or insult.
 The reason for punishing instigating or
taking active part in charivari and other
disorderly meeting is to prevent more
serious disorders.
ARTICLE 156
DELIVERING PRISONERS FROM JAIL
Elements:
1. That there is a person confined in a jail or
penal establishment;
2. That the offender removes such person, or
helps the escape of such person.
Committed in two ways:
1. By removing a prisoner confined in jail or
penal institution – to take away a person
from confinement with or without the active
participation of the person released
2. By helping said person to escape – furnish
material means to facilitate escape
 The prisoner may be a detention
prisoner or one sentenced by virtue of
a final judgment.
 This article applies even if the
prisoner is in the hospital or asylum
when he is removed or when the
offender helps his escape, because it
is considered as an extension of the
penal institution.
 If the offender is a public officer who
is actually and presently in custody or
charge of the prisoner, (e.g. a guard
on duty) he is liable for infidelity in the
custody of a prisoner.
 But if the crime committed by the
prisoner for which he is confined or
serving sentence is treason, murder,
or parricide, the act of taking the
place of the prisoner in prison is that
of an accessory under Art. 19, par. 3.
 If the delivery of the prisoner was
committed through bribery:
a. The BRIBER commits corruption
of a public officer and delivering
prisoners from jail.
b. The JAILER, if a public officer,
commits infidelity in the custody of
prisoners and bribery.
c. The PRISONER commits evasion
of service of sentence if he is
already convicted by final
judgment.
Delivering Prisoners
from Jail
Infidelity in the
Custody of Prisoners
Offender: usually
committed by an
outsider. It may also
apply to an employee of
the penal establishment,
provided he does not
have custody or charge
of such person.
Offender: public officer
who had the prisoner in
his custody or charge
who was in connivance
with the prisoner in the
latter’s escape

97
Prisoner: May be a
convict or a detainee
Prisoner: May be a
convict or a detainee
CHAPTER SIX: EVASION OF SERVICE OF
SENTENCE (ARTS. 157-159)
ARTICLE 157
EVASION OF SERVICE OF SENTENCE
Elements:
1. That the offender is a convict by final
judgment;
2. That he is serving his sentence, which
consists in deprivation of liberty;
3. That he evades the service of his
sentence by escaping during the term of
his sentence.
Circumstances qualifying the offense:
1. By means of unlawful entry (this should be
“by scaling”);
2. By breaking doors, windows, gates, walls,
roofs or floors;
3. By using picklocks, false keys, disguise,
deceit, violence, or intimidation;
4. Through connivance with other convicts or
employees of the penal institution.
 The following cannot commit evasion of
service of sentence:
a. Accused who escapes during appeal
or a detention prisoner
b. Minor delinquents
c. Deportees
d. Persons convicted under this Article
are disqualified from the benefits of the
Indeterminate Sentence Law.
 Escape - flee from; to avoid; to get out of
the way, as to flee to avoid arrest (Black’s
Law Dictionary, 4
th
ed., p. 640)
ARTICLE 158
EVASION OF SENTENCE ON THE
OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES,
OR OTHER CALAMITIES
Elements:
1. That the offender is a convict by final
judgment, and is confined in a penal
institution;
2. That there is disorder, resulting from:
a. Conflagration,
b. Earthquake,
c. Explosion,
d. Similar catastrophe,
e. Mutiny in which he has not
participated;
3. That the offender leaves the penal
institution where he is confined, on the
occasion of such disorder or during the
mutiny;
4. That the offender fails to give himself up to
the authorities within 48 hrs. following the
issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity.
 What is punished is not the leaving of the
penal institution, but the failure of the
convict to give himself up to the authorities
within 48 hours after the proclamation
announcing the passing away of the
calamity.
 If the offender fails to give himself up, he
shall suffer an increase of 1/5 of the time
still remaining to be served under the
original sentence, which shall not exceed
6 months. If the offender gives himself up,
he is entitled to a deduction of 1/5 of his
original sentence.
 “Mutiny” in this article implies an organized
unlawful resistance to a superior officer; a
sedition; a revolt. (People vs. Padilla, C.A.,
46 O.G. 2151)
 If one partakes in the mutiny, he will be
liable for the offenses which he committed
during the mutiny whether or not he
returns.
ARTICLE 159
OTHER CASES OF EVASION OF
SENTENCE (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.
 Violation of conditional pardon is a distinct
crime. (This is according to Reyes);
According to Regalado, however, there
are actually two views.
One expressed in People v. Jose which
states that it is not a distinct crime, since
the penalty is only the recommitment of
the convict to serve the portion of the
sentence remitted by the pardon, hence it
is only a continuation of the original case.
The other view which is the more logical
one is expressed in People v. Martin which
states that since the code imposes a
specific penalty of prision correccional in
its minimum period if the unserved portion
is less than six years, it is therefore a
distinct crime.

CRIMINAL LAW
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98
 A conditional pardon is a contract between
the Chief Executive who grants the pardon
and the convict who accepts it.
 Offender can be arrested and
reincarcerated without trial – in
accordance with Sec. 64(I) of the Revised
Administrative Code.
 The condition imposed upon the prisoner
that he should not commit another crime,
extends to offenses punishable by special
laws.
 Offender must be found guilty of the
subsequent offense before he can be
prosecuted under Art 159.
 The court cannot require the convict to
serve the unexpired portion of the original
sentence if it does not exceed six years,
the remedy is left to the President who has
the authority to recommit him to serve the
unexpired portion of his original sentence.
 The period when convict was at liberty is
not deducted in case he is recommitted.
Violation of
Conditional Pardon
Evasion of Service of
Sentence
Infringes the terms of the
contract
Defeats the purpose of
the law.
Does not affect public
order
Disturbs public order
CHAPTER SEVEN: COMMISSION OF
ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE
ARTICLE 160
COMMISSION OF ANOTHER CRIME
DURING THE SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS
OFFENSE (QUASI-RECIDIVISM)
Elements of quasi-recidivism:
1. That the offender was already convicted
by final judgment;
2. That he committed a new felony before
beginning to serve such sentence or while
serving the same.
Who can be pardoned
A quasi-recidivist can be pardoned:
1. At the age of 70, if he shall have already
served out his original sentence (and not a
habitual criminal); or
2. When he shall have completed it after
reaching the said age, unless by reason of
his conduct or other circumstances, he
shall not be worthy of such clemency.
 In reiteracion, the offender against whom it
is considered shall already have served
out his sentence for the prior offenses.
Quasi-recidivism is a SPECIAL
AGGRAVATING CIRCUMSTANCE which
cannot be offset by ordinary mitigating
circumstances.
 First crime for which the offender is
serving sentence need not be a felony; but
the second crime must be a felony.
 Only considered as final judgment when
the accused does not appeal anymore.
 Quasi-recidivism does not require that the
offense for which the convict is serving
and the new felony committed be
embraced in the same title of the code.
While in recidivism, both the first and the
second offenses must be embraced in the
same title of the code.
TITLE FOUR:
CRIMES AGAINST PUBLIC INTEREST
CHAPTER ONE: FORGERIES
SECTION 1: FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPINE
ISLANDS, THE SIGNATURE OR STAMP OF
THE CHIEF EXECUTIVE.
ARTICLE 161
COUNTERFEITING SEAL OF
GOVERNMENT, SIGNATURE AND STAMP
OF PRESIDENT
Acts Punished
1. Forging the Great Seal of the Government
of the Philippines;
2. Forging the signature of the President;
3. Forging the stamp of the President.
 If the signature of the President is
forged, it is not falsification of public
document, but forging the signature of
the Chief Executive.
ARTICLE 162
USE OF FORGED SIGNATURE,
COUNTERFEIT SEAL OR STAMP
Elements:
1. That the seal of the Republic was
counterfeited, or the signature or stamp of
the Chief Executive was forged by another
person;
2. That the offender knew of the
counterfeiting or forgery;
3. That he used the counterfeit seal or forged
signature or stamp.
 The offender must NOT be the forger
otherwise the crime committed is

99
forgery under Art. 161.
 In using the forged signature or stamp
of the President or forged seal, the
participation of the offender is in effect
that of an accessory. Although the
general rule is that he should be
punished by a penalty two (2) degrees
lower, under Article 162 he is
punished by a penalty only one
degree lower.
SECTION TWO: COUNTERFEITING COINS
ARTICLE 163
MAKING AND IMPORTING AND UTTERING
FALSE COINS
Elements:
1. That there be false or counterfeited coins;
2. That the offender either made, imported or
uttered such coins;
3. That in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers.
 A coin is false or counterfeited, if it is
forged or if it is not authorized by the
Government as legal tender, regardless of
its intrinsic value.
Counterfeiting – means the imitation of a
legal or genuine coin
 There is counterfeiting when a spurious
coin is made. There must be an imitation
of the peculiar design of the particular
coin.
Uttering – means to pass counterfeited coins
 Uttering includes delivery or the act of
giving them away.
 It is uttered when it is paid even though
the utterer may not obtain the gain he
intended.
Kinds of coins the counterfeiting of which
is punished:
1. Silver coins of the Philippines or coin of
the Central Bank;
2. Coin of the minor coinage of the
Philippines or the Central Bank;
3. Coin of the currency of a foreign country.
 Former coins withdrawn from
circulation may be counterfeited.
 Pars. 1 and 2 of Article 163 mention
“coin” without any qualifications.
 As regards par. 3, the used of the
word “currency” is not correct because
the Spanish text uses the word
“moneda” which embraces not only
those that are legal tender but also
those out of circulation.
ARTICLE 164
MUTILATION OF COINS- IMPORTATION
AND UTTERANCE OF MUTILATED COINS
Acts punished
1. Mutilating coins of the legal currency,
with the intent to damage or to defraud
another;
2. Importing or uttering such mutilated coins,
with the further requirement that there
must be connivance with the mutilator or
importer in case of uttering.
 The coin must be of legal tender or current
coins of the Philippines and not of a
foreign country.
Mutilation – means to take off part of the
metal either by filing it or substituting it for
another metal of inferior quality. It is to
diminish by ingenious means the metal in the
coin, and thus diminish its intrinsic value.
ARTICLE 165
SELLING OF FALSE OR MUTILATED COIN,
WITHOUT CONNIVANCE
Acts Punished
1. Possession of coin, counterfeited or
mutilated by another with intent to utter the
same knowing that it is false or mutilated;
2. Actually uttering false or mutilated coin,
knowing it to be false or mutilated.
 It does NOT require that the false coin
is legal tender.
 But if the coin being uttered or
possessed with intent to utter is a
mutilated coin, it must be a legal
tender coin.
 The possession prohibited in Article
165 is possession in general, that is,
not only actual, physical possession
but also constructive possession or
the subjection of the thing to one’s
control, otherwise offenders could
easily evade the law by the mere
expedient of placing other persons in
actual, physical possession of the
thing although retaining constructive
possession or actual control thereof.
(People vs. Andrada, 11 C.A. Rep.
147)

CRIMINAL LAW
BOOK TWO
100
SECTION THREE: FORGING TREASURY
OR BANK NOTES, OBLIGATIONS AND
SECURITIES; IMPORTING AND UTTERING
FALSE OR FORGED NOTES,
OBLIGATIONS AND SECURITIES
ARTICLE 166
FORGING TREASURY OR BANK NOTES
OR OTHER DOCUMENTS PAYABLE TO
BEARER AND UTTERING THE SAME
Acts penalized:
1. Forging or falsification of treasury or bank
notes or other documents payable to
bearer;
Forging is committed by giving to a
treasury or bank note or any instrument
payable to bearer or to order the
appearance of a true and genuine
document; and falsification is committed
by erasing, substituting, counterfeiting, or
altering by any means, the figures, letters,
words, or signs contained therein (Art.
169).
2. Importation of the same: it means to bring
them into the Philippines, which
presupposes that the obligations or notes
are forged or falsified in a foreign country.
3. Uttering the same in connivance with
forgers or importers: it means offering
obligations or notes knowing them to be
false or forged, whether such offer is
accepted or not, with a representation, by
words or actions, that they are genuine
and with an intent to defraud.
What may be forged or falsified under
Article 166:
1. Treasury or bank notes;
2. Certificates;
3. Other obligations and securities, payable
to bearer.
 The Code punishes forging or falsification
of bank notes and of documents of credit
payable to bearer and issued by the State
more severely than counterfeiting of coins
because the first tends to bring such
documents into discredit and produces a
lack of confidence on the part of the
holders of the said documents to the
prejudice of the interests of the society
and the State. Moreover, it is easier to
forge or falsify such certificates, notes, etc.
and the profit derived therefrom is greater
and the incentive for its commission is
more powerful. (U.S. vs. Gardner 3 Phil
403).
 The falsification of Philippine National
Bank (PNB) checks is not forgery under
Art. 166 of RPC but falsification of
commercial documents under Art 172 in
connection with Art. 171 of the Code.
ARTICLE 167
COUNTERFEITING, IMPORTING AND
UTTERING INSTRUMENT NOT
PAYABLE TO BEARER
Elements:
1. That there be an instrument payable to
order or other document of credit NOT
payable to bearer;
2. That the offender either forged, imported
or uttered such instrument;
3. That in case of uttering he connived with
the importer or forger.
 Counterfeiting under Art. 167 must
involve an instrument payable to order
or other document of credit not
payable to bearer.
ARTICLE 168
ILLEGAL POSSESSION AND USE OF
FALSE TREASURY OR BANK NOTES AND
OTHER INSTRUMENTS OF CREDIT
Elements:
1. That the treasury or bank note or
certificate or other obligation and
securities payable to bearer or any
instrument payable to order or other
document of credit not payable to bearer is
forged or falsified by another;
2. The offender knows that any of these
instruments is forged or falsified;
3. That he performs any of these acts:
a. Using any of such forged or falsified
instruments; or
b. Possession with intent to use, any of
the forged or falsified documents.
 Possession of false treasury or bank notes
alone is not a criminal offense. For it to
constitute an offense, possession must be
with intent to use said false treasury or
bank notes. (People vs. Digoro, G.R. No.
L-22032, March 4, 1966)
 The accused must have knowledge of the
forged character of the note.
 A person in possession of falsified
document and who makes use of the
same is presumed to be the material
author of falsification.

101
ARTICLE 169
HOW FORGERY IS COMMMITTED
How committed:
1. By giving to treasury or bank note or any
instrument payable to bearer or to order
the appearance of a true and genuine
document;
2. By erasing, substituting, or altering by any
means the figures, letters, words or
signatures contained therein.
 PD 247 penalizes defacement,
mutilation, tearing, burning or
destroying of Central Bank notes and
coins.
 It includes falsification and
counterfeiting.
Forgery Falsification
As used in Art. 169
refers to the falsification
and counterfeiting of
treasury or bank notes
or any instruments
payable to the bearer or
to order.
The commission of any
of the eight (8) acts
mentioned in Art. 171
on legislative (only the
act of making
alteration), public or
official, commercial, or
private documents, or
wireless, or telegraph
messages.
SECTION FOUR: FALSIFICATION OF
LEGISLATIVE, PUBLIC, COMMERCIAL AND
PRIVATE DOCUMENTS AND WIRELESS,
TELEGRAPH AND TELEPHONE
MESSAGES
ARTICLE 170
FALSIFICATION OF LEGISLATIVE
DOCUMENT
Elements:
1. That there be a bill, resolution or
ordinance enacted by or approved or
pending approval by either House of the
Legislative or any provincial board or
municipal council;
2. The offender alters the same;
3. That he has no proper authority therefor;
4. That alteration changed the meaning of
the document.
 The bill, resolution or ordinance must
be genuine.
 Offender may be private individual or
a public officer.
 The act of falsification is limited to
altering it which changes its meaning.
Hence, other acts of falsification, even
in legislative documents, are punished
either in Art. 171 or under Art. 172.
 R.A. 248 prohibits the reprinting,
reproduction or republication of
government publications and official
documents without previous authority.
ARTICLE 171
FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR NOTARY OR
ECCLESIASTICAL MINISTER
Elements:
1. That the offender is a public officer,
employee or notary public or ecclesiastical
minister;
 The ecclesiastical minister is liable
under this article if he shall commit
any of the acts of falsification with
respect to any record or document of
such character that its falsification
may affect the civil status of persons.
2. That he takes advantage of his official
position when:
a. He has the duty to make or prepare or
otherwise to intervene in the
preparation of the document
b. He has the official custody of the
document which he falsifies
 If he did not take advantage of his
official position, he would be guilty
of falsification of public document
by a private individual under Art.
172.
3. The offender falsifies a document.
Document – is any written statement by which
a right is established or an obligation
extinguished or by which a fact may be proven
or affirmed.
 The document must be complete or at
least it must have the appearance of a true
and genuine document.
 The document must be of apparent legal
efficacy.
 In the 1st, 2nd, 6th, 7th (second part) and
8th mode of falsification, there must be a
GENUINE DOCUMENT.
 In the other paragraphs of Art. 171,
falsification may be committed by
simulating or fabricating a document.
Different Modes of Falsifying a Document:
A. Counterfeiting or imitating any
handwriting, signature or rubric.
Requisites:
1. That there be an intent to imitate or an
attempt to imitate;
2. The two signatures or handwriting, the
genuine and the forged bear some
resemblance to each other.
 If there is no attempt whatsoever
by the accused to imitate the
signatures of the other person so

CRIMINAL LAW
BOOK TWO
102
that they are entirely unlike the
genuine signature, the accused
may be found guilty under the
second mode of falsifying a
document.
B. Causing it to appear that persons have
participated in an act or proceeding
when they did not in fact so participate.
Requisites:
1. That the offender caused it to appear
in a document that a person or
persons participated in an act or
proceeding;
2. That such persons did not in fact so
participate in the act or proceeding.
 The imitation of the signature of
the offended party is not
necessary in this mode of
falsification.
C. Attributing to persons who have
participated in any act or proceeding
statements other than those in fact
made by them.
Requisites:
1. That persons participated in an act or
proceeding;
2. That such person or persons made
statements in that act or proceeding;
3. That the offender in making a
document, attributed to such person,
statements other than those in fact
made by such person.
D. Making untruthful statements in a
narration of facts.
Requisites:
1. That the offender makes in a
document statements in a narration of
facts;
2. That he has the legal obligation to
disclose the truth of the facts narrated
by him;
3. That the facts narrated by the offender
are absolutely false;
4. That the perversion of truth in the
narration of facts was made with the
wrongful intent of injuring a third
person.
 There must be narration of facts,
not a conclusion of law.
 Legal obligation means that there
is a law requiring the disclosure of
the facts narrated.
 The facts must be absolutely
false, the crime of falsification is
not violated if there is some
colorable truth in the statements of
the accused.
 If the narration of facts is
contained in an affidavit or a
statement required by law to be
sworn to, the crime committed is
perjury.
E. Altering true dates
 Date must be essential.
 The alteration of the date or dates in a
document must affect either the
veracity of the document or the effects
thereof.
 Alteration of dates in official receipts to
prevent discovery of malversation is
falsification
F. Making alteration or intercalation in a
genuine document which changes its
meaning.
Requisites:
1. That there be an alteration or
intercalation (insertion) on a
document;
2. That it was made on a genuine
document;
 If the document is not genuine, the
crime of estafa is committed.
3. That the alteration and intercalation
has changed the meaning of the
document;
4. That the change made the document
speak something false.
 Alteration which speaks the truth
is not falsification. The idea of
deception is inherent in the word
alteration — of making the
instrument speak something which
the parties did not intend it to
speak.
G. Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such
original exist or including in such a
copy a statement contrary to or
different from that of the genuine
original.
 CANNOT be committed by a private
individual or by a notary or public
officer who DOES NOT take
advantage of his official position.
 Intent to gain or prejudice is not
necessary, because it is the interest of
the community which is intended to be
guaranteed by the strict faithfulness of
the officials charged with the
preparation and preservation of the

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