TITLE I: CRIMES

AGAINST
NATIONAL
SECURITY & THE
LAWS OF NATIONS

1
Article 114: TREASON design.
Elements:
b. Adheres to the enemies giving
Offender owes allegiance to them aid and comfort:
the government;
(Filipino/alien resident) i. Adherence; and

Philippines is involved in a war ii. Giving aid or comfort

to the enemy.

3. Offender: Aggravating Circumstances:

a. Levies war against the 1. Ignominy

government: 2. Cruelty
i. Actual assembling of 3. Amount/degree of aid
men; and
4. Gravity of separate distinct
ii. Purpose: Execute a acts of treason
treasonable
2
Inherent Circumstances:

5. evident premeditation

6. superior strength

7. treachery

3
Article 115: CONSPIRACY AND commit treason
PROPOSAL TO COMMIT
TREASON—PENALTY 3. Proposes its execution to
Elements of Conspiracy to other person/s.
Commit Treason:

1. In time of war;

2. 2 or more persons come to an

agreement to commit
treason

3. They decide to commit it.

Elements of Proposal to
Commit Treason:

1. In time of war; and

2. A person who has decided to

4
Article 116: MISPRISION OF
TREASON Elements:

1. Offender owes allegiance to

the government

2. Not a foreigner;

3. He knows of any conspiracy to

commit treason against
the government

4. He conceals or does not

disclose the same as
soon as possible to the
authorities in which he
resides (governor or
fiscal of the province or
the mayor or fiscal of
city)
5
Article 117: ESPIONAGE 1. Offender is a public officer;2.
Elements of the First Form of He possesses articles, data or
Espionage: information referred to in the first
kind of espionage by
1. Offender enters any warship,
fort, naval, or military reason of the public office he
establishments or holds3. He discloses their
reservation; contents to a representative of a
foreign nation
2. He has no authority

3. Purpose: Obtain information,

plans, photographs or
other data of a
confidential nature
relative to the defense of
the Philippines.

Elements of the Second Form

of Espionage:
6
Article 118: INCITING TO WAR
OR GIVING MOTIVES FOR Article 119:
REPRISALS Elements: VIOLATION OF
NEUTRALITY
1. Offender performs unlawful or
Elements:
unauthorized acts
Philippines is not involved in
2. Such acts provoke or give the war;
occasion for:
Regulation issued by
a. a war involving, or competent authority for
liable to involve, the purpose of enforcing
the Philippines, neutrality
or
Offender violates such
b. expose Filipino regulation.
citizens to
reprisals on their
persons or
property.
7
Article 120: iii. Containing notice or
CORRESPONDENCE WITH information w/c
HOSTILE COUNTRY Elements: might be useful
to the enemy.
c. Philippines is involved in a
war; Qualifying Circumstances:

d. Offender corresponds with an 5. Notice or information might be

enemy country or useful to the enemy
territory occupied by
enemy troops; 6. offender intended to aid
enemy
e. Correspondence is:

i. Prohibited by the
government;

ii. Carried on in ciphers

or conventional
signs; or
8
Article 121: FLIGHT TO
ENEMY’S COUNTRY Elements:

1. Philippines is involved in a
war;2. Offender owes allegiance
to the government
(Filipino/Resident Alien) 3. He
attempts to flee or go to enemy
country4. Going to enemy
country is prohibited by
competent authority.

9
Article 122: PIRACY IN of said vessel,
GENERAL & MUTINY ON THE its equipment or
HIGH SEAS OR IN PHIL. personal
WATERS Elements of Piracy: belongings of its
complement or
8. Vessel is on the high passengers.
seas/Philippine waters
Elements of Mutiny:
9. Offenders are not members of
its complement or 4. Vessel is on the high
passengers of the vessel seas/Philippine waters;

5. Offenders are either members

10. Offenders either: of its complement, or
passengers of the vessel
Attack or seize that
vessel
6. Offenders commit the same
Seize the whole or acts in piracy (above: a
part of the cargo and b).
10
Article 123: QUALIFIED themselves
PIRACY Qualifying
Circumstances: 6. Crime is accompanied by
murder, homicide,
4. Seized a vessel by boarding or physical injuries, or rape
firing upon the same;
Note: The 2nd & 3rd
5. Abandoned their victims circumstances also qualifies
without means of saving
mutiny; the 1st does not.

11
TITLE II: CRIMES
AGAINST THE
FUNDAMENTAL
LAWS OF THE
STATE

12
Article 124: ARBITRARY Elements:
DETENTION Elements:
1. Offender is a public officer or
1. Offender is a public officer or employee;2. He has detained a
employee who has the authority person for some legal grounds;
to make an arrest and detain and3. He fails to deliver such
persons, or the jurisdiction to person to the proper judicial
maintain peace and order; authority within:

2. He detains a person; and3. 12 hours, for crimes

Detention was without legal punishable by light
grounds. penalties

Article 125: DELAY IN 18 hours, for crimes

DELIVERY OF DETAINED punishable by
PERSONS TO PROPER correctional penalties
JUDICIAL AUTHORITIES
36 hours, for crimes
13
punishable by capital
punishment or afflictive
penalties, or their
equivalent.

14
ARTICLE 127 – EXPULSION change
residence
Elements:
(c)
(a)  Offender is a public officer Offenderisnotauthorizedt
or employee odosobylaw

(b)  Heeither–

(i)  Expels any person from

the Philippines;
or

(ii)  Compels a person to

15
Article 128: VIOLATION OF surreptitiously entered it and
DOMICILE Elements: required to leave.

1. Offender is a public officer or Special Aggravating

employee; Circumstances:

He is not papers or 1. nighttime2. papers/effects not

constituting evidence of a crime
Offender: a. b. c. are not returned immediately
authorized by judicial order to
enter dwelling and/or make a
search therein for other effects;
and

Enters any dwelling against the

will of the owner;Searches for
papers or other effects therein
w/o previous consent;Refuses to
leave premises, after having
16
Article 129: SEARCH Executing a Search Warrant
WARRANTS MALICIOUSLY Legally Procured:
OBTAINED AND ABUSE IN
THE SERVICE OF THOSE 7. Offender is a public officer or
LEGALLY OBTAINEDElements employee;
of Search Warrants
Maliciously Obtained: 8. He has legally procured a
search warrant; and
f. Offender is a public officer or
employee; 9. He exceeds his authority or
uses unnecessary
g. He procures a search warrant; severity in executing the
and same.

h. There is no just cause.

Elements of Abuse in the

Service of Warrant or
Exceeding Authority or Using
Unnecessary Severity in
17
Article 130: SEARCHING 14. Owner, or any member
DOMICILE WITHOUT of his family, or 2
WITNESSES Elements: witnesses residing in the
same locality are not
11. Offender is a public present.
officer or employee;

12. He is armed with a

search warrant legally
procured;

13. He searches the

domicile, papers or other
belongings of any
person; and

18
Article 131: PROHIBITION, Prohibiting or hindering any
INTERRUPTION, & person from addressing
DISSOLUTION OF PEACEFUL any petition to the
MEETINGS authorities for the
correction of abuses or
Elements: redress of grievances

1. Offender is a public officer or

employee 2. Offender either:

Prohibits, interrupts or
dissolves, w/o legal
ground, the holding of a
peaceful meeting

Hinders any person from

joining any lawful
association or from
attending any of its
meetings
19
Article 132: INTERRUPTION place or are
OF RELIGIOUS WORSHIP
Elements: going on; and3. Offender
prevents or disturbs the same.
1. Officer is a public officer or
employee;2. Religious Qualifying Circumstances:
ceremonies or manifestations of
any religion are about to take 1. violence 2. threats

20
Article 133: OFFENDING THE
RELIGIOUS FEELINGS
Elements:

1. Acts complained of were

performed:a. In a place devoted
to religious worship; orb. During
the celebration of any religious
ceremony.

2. Acts must be notoriously

offensive to the feelings of the
faithful;3. Offender is any person
4. Deliberate intent to hurt the
feelings of the faithful, directed
against religious tenet.

21
22
 Title III. Crimes against Public
Order

CHAPTER I. REBELLION, COUP

D’ETAT, SEDITION AND DISLOYALTY
ARTICLE 134 - /INSURRECTION
Elements:
REBELLION
(a) There is a public uprising
and taking arms against the
government;
(b) The purpose of the uprising
or movement is:

23
 ARTICLE 134-A - COUP D’ÉTAT and continued possession of power;
Elements:
(a)  Offender is a person or (d)  The purpose of the attack is
persons belonging to the military or to seize or diminish state power.
police or holding any public office or Persons who may commit coup
employment; d’état:
(b)  It is committed by means of (1)  It may be committed singly
a swift attack accompanied by or collectively
violence, intimidation, threat, (2)  Requires as a principal
strategy or stealth; offender a member of the AFP, PNP,
(c)  The attack is directed or a public officer with or without
against the duly constituted civilian support
authorities of the Republic of the
Philippines, or any military camp or
installation, communication
networks, public utilities or other
facilities needed for the exercise

24
 ARTICLE 135 - PENALTY FOR ARTICLE 136 - CONSPIRACY
REBELLION, INSURRECTION OR AND PROPOSAL TO COMMIT COUP
COUP D’ÉTAT D’ ÉTAT, REBELLION OR
Persons liable for rebellion, INSURRECTION
insurrection or coup d’état(1) The Mode 1: Conspiracy to commit
leaders: coup d’état, rebellion or
(a) Any person who promotes, insurrection
maintains or heads a rebellion or Elements:
insurrection; or overthrow supplant (a)
the government existing of minor Twoormorepersonscometoanagree
importance or to prevent the ment to swiftly attack or to rise
exercise of governmental authority publicly and take arms against the
with respect to particular matters or Government for any of the
subjects purposes of rebellion or
The levying of war and to effect insurrection;
some change movement seeking (b)  Theydecidetocommitit.

25
 Mode 2: Proposal to commit
coup d’état, rebellion or
insurrection
Elements:
(a)  A person has decided to
swiftly attack or to rise publicly and
take arms against the Government
for any of the purposes of rebellion
or insurrection;
(b)  Such person proposes its
execution to some other person or
persons.

26
 ARTICLE 137 - DISLOYALTY OF otherwise, he is himself guilty of
PUBLIC OFFICERS OR EMPLOYEES rebellion.
Elements: ARTICLE 138 - INCITING TO
(a)  Offender is a public officer REBELLION OR INSURRECTION
or employee; Elements:
(b)  Offender commits any of (a)  Offender does not take
the following acts: arms or is not in open hostility
(i)  Failing to resist a rebellion against the government;
by all the means in their power; (b)  He incites others to the
(ii)  Continuing to discharge the execution of any of the acts of
duties of their offices under the rebellion;
control of the rebels (c)  The inciting is done by
(iii)  Accepting appointment to means of speeches, proclamations,
office under them. writings, emblems, banners or other
The crime presupposes representations tending to the
rebellion committed by other same end.
persons. Offender must not be in Note: There is no crime of
conspiracy with the rebels, inciting to treason.

27
28
 ARTICLE 139 - SEDITION (iii)  To inflict any act of hate or
Elements: revenge upon the person or property of
(a)  Offenders rise publicly and any public officer or employee;
tumultuously; (iv)  To commit, for any political or
(b)  Offenders employ force, social end, any act of hate or revenge
intimidation, or other means outside of against private persons or any social
legal methods; classes;
(c)  Purpose is to attain any of the (v)
following objects: Todespoilforanypoliticalorsocialend, any
(i)  To prevent the promulgation or person, municipality or province, or
execution of any law or the holding of When two or more persons come
any popular election; to an agreement to rise publicly and
(ii)  To prevent the national take arms against government for any
government or any provincial or of the purposes of rebellion and decide
municipal government or any public to commit it
officer from exercising its or his When the person who has decided
functions, or prevent the execution of to rise publicly and take arms against
an administrative order; the government for any of the purposes
of rebellion proposes its execution to
some other person or persons

29
 of the community, the safety and
ARTICLE 140 - PERSONS LIABLE order of the government
FOR SEDITION ARTICLE 141 - CONSPIRACY TO
(1)  The leader of the sedition; COMMIT SEDITION
(2)  Other person participating Elements:
in the sedition (a)
(i)  Tend to disturb or obstruct Twoormorepersonscometoanagree
any lawful officer in conducting the ment and a decision to rise publicly
functions of his office; and tumultuously to attain any of
(ii)  Tend to instigate others to the objects of sedition;
cabal and meet together for (b)  They decide to commit it.
unlawful purposes; Note: There is no proposal to
(iii)  Suggest or incite rebellious commit sedition.
conspiracies or riots; or
(iv)  Lead or tend to stir up the
people against the lawful
authorities or to disturb the peace

30
 ARTICLE 142 – INCITING TO Mode 2. Uttering seditious
SEDITION words or speeches which tend to
Mode1. Inciting others to the disturb the public peace;
accomplishment of any of the acts Mode 3. Writing, publishing, or
which constitute sedition by means circulating scurrilous libels against
of speeches, proclamations, the government or any of the duly
writings, emblems, etc. constituted authorities thereof,
Elements: which tend to disturb the public
(a)  Offender does not take peace.
direct part in the crime of sedition; Elements:
(b)  He incites others to the (a)  Offender does not take part
accomplishment of any of the acts in the crime of sedition.
which constitute sedition by means (b)  He uttered words or
of speeches, proclamations, speeches and writing, publishing or
writings, emblems, cartoons, circulating scurrilous libels and that
banners, or other representations
tending towards the same end.

31
 It is sufficient that the public
uprising is tumultuous.

32
 CHAPTER II - CRIMES AGAINST
POPULAR REPRESENTATION

ARTICLE 143 - ACTS TENDING

TO PREVENT THE MEETING OF THE
CONGRESS OF THE PHILIPPINES
AND SIMILAR BODIES
Elements:
(a)  There is a projected or
actual meeting of Congress or any
of its committees or
subcommittees, constitutional
committees or divisions thereof, or
of any provincial board or city or
municipal council or board;
(b)  Offender, who may be any
person, prevents such meetings by
force or fraud.

33
 ARTICLE 144 - DISTURBANCE interrupt its proceedings or to
OF PROCEEDINGS impair the respect due it.
Elements: Complaint may be filed by a
(a)  There is a meeting of member of the legislative body. One
Congress or any of its committees who disturbs may also be punished
or subcommittees, constitutional for contempt by Congress.
commissions or committees or
divisions thereof, or of any
provincial board or city or municipal
council or board;
(b)  Offender does any of the
following acts:
(i)  He disturbs any of such
meetings;
(ii)
Hebehaveswhileinthepresenceofany
such bodies in such a manner as to

34
 ARTICLE 145 - VIOLATION OF (i)  Attending the meetings of
PARLIAMENTARY IMMUNITY the Congress or of any of its
Mode 1: Using force, committees or constitutional
intimidation, threats, or frauds to commissions;
prevent any member of Congress (ii)  Expressinghisopinion;or
from attending the meetings of (iii)  Casting his vote.
Congress or of any of its committees Note: Offender in mode 1 is any
or subcommittees, constitutional person
commissions or committees or Mode 2: Arresting or searching
divisions thereof, or from any member thereof while Congress
expressing his opinion or casting his is in regular or special session,
vote; except in case such member has
Elements: committed a crime punishable
(a)  Offender uses force, under the Code by a penalty higher
intimidation, threats or fraud; than prision mayor.
(b)  The purpose of the Elements:
offender is to prevent any member (a)  Offender is a public officer
of Congress from: of employee;

35
 (b)  He arrests or searches any
member of Congress;
(c)  Congress, at the time of
arrest or search, is in regular or
special session;
(d)  The member arrested or
searched has not committed a
crime punishable under the Code by
a penalty higher than prision mayor.

36
 CHAPTER III – ILLEGAL (c)  The purpose of the meeting
ASSEMBLIES AND ASSOCIATIONS is to commit any of the crimes
ARTICLE 146 - ILLEGAL punishable under the Code.
ASSEMBLIES
Mode 1: Any meeting attended Mode 2: Any meeting in which
by armed persons for the purpose the audience, whether armed or
of committing any of the crimes not, is incited to the commission of
punishable under the Code; the crime of treason, rebellion or
167 insurrection, sedition, or assault
UP LAW BOC CRIMINAL LAW 2 upon person in authority or his
CRIMINAL LAW agents.
Elements: Elements:
(a)  There is a meeting, a (a)  There is a meeting, a
gathering or group of persons, gathering or group of persons,
whether in a fixed place or moving; whether in a fixed place or moving;
(b)  The meeting is attended by (b)  The audience, whether
armed persons; armed or not, is incited to the
commission of the crime of treason,

37
rebellion or insurrection, sedition or Presumptions if a person
direct assault. carried an unlicensed firearm:
Persons liable for illegal (1)  The purpose of the meeting
assembly: insofar as he is concerned is to
(1) The organizer or leaders of commit acts punishable under the
the meeting;(2) Persons merely RPC
present at the meeting, who must (2)  He is considered a leader or
have a common intent to commit organizer of the meeting.
the Note: Not all persons present at
felony of illegal assembly. the meeting of the first form of
In the first form of illegal illegal assembly must be armed.
assembly, the persons present at
the meeting must be armed. But the
law does not require that all the
persons present must be armed.
The unarmed persons present at
the meeting are also liable.

38
 ARTICLE 147 - ILLEGAL
ASSOCIATIONS
(1)  Associations totally or
partially organized for the purpose
of committing any of the crimes
punishable under the Code;
(2)  Associations totally or
partially organized for some
purpose contrary to public morals.
Persons liable:
(1) Founders, directors and
president of the association;
(2) Mere members of the
association.

39
 ARTICLE 148 - DIRECT ASSAULT authority or any of his agents, while
Mode1.Without public uprising, engaged in the performance of
by employing force or intimidation official duties, or on occasion of
for the attainment of any of the such performance.
purposes enumerated in defining Elements:
the crimes of rebellion and sedition; (a)  Offender makes an attack,
Elements: employs force, makes a serious
(a)  Offender employs force or intimidation, or makes a serious
intimidation; resistance;
(b)  The aim of the offender is (b)  The person assaulted is a
to attain any of the purposes of the person in authority or his agent;
crime of rebellion or any of the (c)  At the time of the assault,
objects of the crime of sedition; the person in authority or his agent
(c)  There is no public uprising. is engaged in the actual
Mode 2. Without public performance of official duties, or
uprising, by attacking, by employing that he is assaulted by reason of the
force or by seriously intimidating or past performance of official duties;
by seriously resisting any person in

40
 (d)  Offender knows that the (c)  Offender makes use of force
one he is assaulting is a person in or intimidation upon such person
authority or his agent in the coming to the aid of the authority
exercise of his duties. or his agent.
(e)  There is no public uprising. Indirect assault can only be
The first form of direct assault committed when a direct assault is
is tantamount to rebellion or also committed.
sedition, except that there is no Article 152 clothes any person
public uprising. who comes to the aid of a person in
ARTICLE 149 - INDIRECT authority with the fiction of an
ASSAULT agent of a person in authority.
Elements: Any assault on him on the
(a)  A person in authority or his occasion of his aiding a person in
agent is the victim of any of the authority or his agent is indirect
forms of direct assault defined in assault.
Article 148;
(b)  A person comes to the aid
of such authority or his agent;

41
 ARTICLE 150 - DISOBEDIENCE Mode 2. By refusing to be
TO SUMMONS ISSUED BY placed under affirmation while
CONGRESS, ITS COMMITTEES OR being before such legislative or
SUBCOMMITTEES, BY THE constitutional body or official;
CONSTITUTIONAL COMMISSIONS, Mode 3. By refusing to answer
ITS COMMITTEES, any legal inquiry or to produce any
SUBCOMMITTEES OR DIVISIONS books, papers, documents, or
Mode1.By refusing, without records in his possession, when
legal excuse, to obey summons of required by them to do so in the
Congress, its special or standing exercise of their functions;
committees and subcommittees, Mode 4.attending as a witness
the Constitutional Commissions and in such legislative or constitutional
its committees, subcommittees or body;
divisions, or by any commission or Mode 5. By inducing
committee chairman or member disobedience to a summons or
authorized to summon witnesses; refusal to be sworn by any such
172 body or official. By restraining
another from sworn or

42
 The testimony of a person
summoned must be upon matters
into which the legislature has
jurisdiction to inquire.

43
 ARTICLE 151 - RESISTANCE Elements:
AND DISOBEDIENCE TO A PERSON (a)
IN AUTHORITY OR THE AGENTS OF Anagentofapersoninauthorityisenga
SUCH PERSONS ged in the performance of official
Mode 1: Resistance and serious duty or gives a lawful order to the
disobedience Elements: offender;
(a)  A person in authority or his (b)  Offender disobeys such
agent is engaged in the agent of a person in authority;
performance of official duty or gives (c)  Such disobedience is not of
a lawful order to the offender; a serious nature.
(b)  Offender resists or seriously
disobeys such person in authority or
his agent;
(c)
Theactoftheoffenderisnotincludedin
the provision of Articles 148, 149
and 150.
Mode 2: Simple disobedience

44
 RTICLE 152 - PERSONS IN purposes of Art. 152 in relation to
AUTHORITY AND AGENTS OF Arts. 148 and 151, and in
PERSONS IN AUTHORITY connection with their duties.
A person in authority includes a
Any person who takes part in barangay chairman and members of
the performance of public functions the Lupong Tagapagkasundo as
in the government. provided under the Local
Any person who, by direct Government Code. [Boado]
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.
171
Teachers, lawyers and heads of
schools recognized by government
are persons in authority only for
45
 CHAPTER V - PUBLIC
DISORDERS Mode 3: Displaying placards or
ARTICLE 153 - TUMULTS AND emblems which provoke a
OTHER DISTURBANCES OF PUBLIC disturbance of public order in such
ORDER place;

Mode 1: Causing any serious Mode 4: Outcry – to shout

disturbance in a public place, office subversive or provocative words
or establishment; Interrupting or tending to stir up the people to
disturbing performances, functions obtain by means of force or
or gatherings, or peaceful meetings, violence any of the objects of
if the act is not included in Arts. 131 rebellion or sedition.
and 132; If done unconsciously or
without intent to incite the listeners
Mode 2: Making any outcry to rise to sedition or rebellion, this
tending to incite rebellion or article applies.
sedition in any meeting, association
or public place
46
 Mode 5: Burying with pomp the Burying with pomp the body of
body of a person who has been a person – ostentatious display of a
legally executed. burial
Serious disturbance must be
planned or intended. This article
applies if the disturbance is not
caused by a public officer; or, if it is
committed by a public officer,
he is a participant therein.
If done with intent to commit
rebellion or sedition: The crime is
inciting to rebellion or sedition.
Tumultuous – if caused by
more than 3 persons who are
armed or provided with the means
of violence

47
 ARTICLE 154 - UNLAWFUL USE Mode 3: Maliciously publishing
OF MEANS OF PUBLICATION AND or causing to be published any
UNLAWFUL UTTERANCES official document or resolution
without proper authority, or before
Mode 1. Publishing or causing they have been published officially .
to be published, by means of Mode 4: Printing, publishing or
printing, lithography or any other distributing (or causing the same)
means of publication, as news any books, pamphlets, periodicals, or
false news which may endanger the leaflets which do not bear the real
public order, or cause damage to printer’s name, or which are
the interest or credit of the State. classified as anonymous.
Mode 2. Encouraging
disobedience to the law or to the
constituted authorities or praising, Mode 1: Discharging any
justifying or extolling any act firearm, rocket, firecracker, or other
punished by law, by the same explosive within any town or public
means or by words, utterances or place, calculated to cause (which
speeches; produces) alarm or danger;

48
 Scandal here does not refer to
Mode 2: Instigating or taking an moral scandal; that one is grave
active part in any charivari or other scandal in Article 200.
disorderly meeting offensive to The essence of the crime is
another or prejudicial to public disturbance of public tranquility and
tranquility; Disturbing the public public peace.Disturbance of serious
peace while wandering about at nature falls under Article 153, not
night or while engaged in any other under paragraph 4 of this article.
nocturnal amusements;
Any kind of disturbance of
Mode 3: Causing any public order where the
disturbances or scandal in public circumstance at the time renders
places while intoxicated or the act offensive to the tranquility
otherwise, provided Art. 153 is not prevailing, the crime is committed.
applicable. Charivari – includes a medley of
discordant voices, a mock serenade
ARTICLE 155 - ALARMS AND of discordant noises made on
SCANDALS

49
kettles, tin, horns, etc. designed to
annoy or insult
Note: “Calculated to cause”
should be “which produces” alarm
and danger according to the correct
translation of the RPC. Hence, the
result, and not the intent, that
counts. [Reyes]

50
 ARTICLE 156 - DELIVERING (3)  Evasion of service of
PRISONERS FROM JAIL sentence [prisoner].
Elements: Cledera, as the governor, is the
(a) There is a person confined jailer of the Province. Esmeralda is
in a jail or penal establishment; the Assistant Provincial Warden. As
(b) Offender removes public officials who have the
therefrom such person, or helps the custody or charge of the prisoner,
escape of such person. they cannot be prosecuted under
Art. 156.
If three persons are involved – Art 223 would have applied;
a stranger, the custodian and the however, there is no sufficient
prisoner – three crimes are evidence to warrant their
committed: prosecution for infidelity in the
(1)  Infidelity in the custody of custody of prisoner. It is necessary
prisoners [public officer-custodian]; that the public officer had
(2)  Delivery of the prisoner consented to, or connived in, the
from jail [stranger]; and escape of the prisoner under his

51
custody or charge. [Alberto v. Dela Qualifying circumstances as to
Cruz (1980)] penalty imposed if such evasion or
CHAPTER VI - EVASION OF escape takes place:
SERVICE OF SENTENCE (1)  By means of unlawful entry
(this should be “by scaling” - Reyes);
ARTICLE 157 - EVASION OF
SERVICE OF SENTENCE (2)  By breaking doors,
Elements: windows, gates, walls, roofs or
(a) floors;
Offenderisaconvictbyfinaljudgment; (3)  By using picklock, false
(b)  He is serving sentence keys, disguise, deceit, violence or
which consists in the deprivation of intimidation; or
liberty; (4)  Through connivance with
(c)  He evades service of his other convicts or employees of the
sentence by escaping during the penal institution.
term of his imprisonment.
175 Evasion of service of sentence
has three forms:

52
 (1)  By simply leaving or CONFLAGRATIONS,
escaping from the penal EARTHQUAKES, OR OTHER
establishment under Article 157; CALAMITIES
(2)  Failure to return within 48 Elements:
hours after having left the penal (a)  Offender is a convict by
establishment because of a final judgment, who is confined in a
calamity, conflagration or mutiny penal institution;
and such calamity, conflagration or (b)  There is disorder, resulting
mutiny has been announced as from –
already passed under Article 158; (i)  conflagration;
(3)  Violating the condition of (ii)  earthquake;
conditional pardon under Article (iii)  explosion;
159. (iv)  similar catastrophe; or
In leaving or escaping from jail (v)  mutiny in which he has not
or prison, that the prisoner participated;
immediately returned is immaterial. evades the service of his
sentence by

53
 (c) Heleaving the penal ARTICLE 159 - OTHER CASES OF
institution where he is confined, on EVASION OF SERVICE OF SENTENCE
the occasion of such disorder or Elements:
during the mutiny; (a)  Offenderwasaconvict;
(d) He fails to give himself up to (b)  He was granted a
the authorities within 48 hours conditional pardon by the Chief
following the issuance of a Executive;
proclamation by the Chief Executive (c)  He violated any of the
announcing the passing away of conditions of such pardon.
such calamity. Violation of conditional pardon
Leaving the penal is a distinct crime. In violation of
establishment is not the basis of conditional pardon, as a rule, the
criminal liability. What is punished is violation will amount to this crime
the failure to return within 48 hours only if the condition is violated
after the passing of the calamity, during the remaining period of the
conflagration or mutiny had been sentence.
announced. Offender must be found guilty
of subsequent offense before he

54
can be prosecuted under Article
159.

55
 CHAPTER VII - COMMISSION by final judgment, shall commit a
OF ANOTHER CRIME DURING SERVICE new felony before beginning to
OF PENALTY IMPOSED FOR ANOTHER serve such sentence, or while
PREVIOUS OFFENSE serving the same. He shall be
punished by the maximum period of
ARTICLE 160 - QUASI the penalty prescribed by law for
RECIDIVISM the new felony.
Elements: The first crime for which the
(a)  Offender was already offender is serving sentence need
convicted by final judgment of one not be a felony. [People vs. Peralta]
offense; The word “another” does not
(b)  He committed a new felony mean that the new felony be
before beginning to serve such different from the one for which the
sentence or while serving the same. offender is serving sentence [People
vs. Yabut, 1933]
Quasi-recidivism is a special Quasi-Recidivism Recidivism
aggravating circumstance where a
person, after having been convicted

56
 The 2 offenses need The 2 the same title of the Code
offenses must not be embraced in same title of the Code
be embraced in the

TITLE IV.
CRIMES
AGAINSTPUBLIC
INTEREST
57
58
Acts of Counterfeiting Article 167: Counterfeiting,
Article 161: Counterfeiting Importing, and Uttering
the Great Seal of the Instruments Not Payable to
Government of the Philippine Bearer
Islands, Forging the Signature
or Stamp of the Chief Article 166: Forging Treasury
Executive or Bank Notes or Other
Documents Payable to
Article 162: Using Forged Bearer; Importing and
Signature or Counterfeit Seal Uttering Such False or Forged
or Stamp Notes and Documents
Article 163: Making and
Importing and Uttering False Acts of Forgery
Coins Article 168: Illegal Possession
and Use of False Treasury or
Article 164: Mutilation of
Bank Notes and Other
Coins
Instruments of Credit
Article 165: Selling of False or
Article 169: How Forgery is
Mutilated Coin, Without
Committed
Connivance

59
Acts of Falsification Article 175: Using False
Article 170: Falsification of Certificates
Legislative Documents
Article 176: Manufacturing
Article 171: Falsification by and Possession of
Public Officer, Employee or Instruments or Implements
Notary or Ecclesiastical for Falsification
Minister
Article 172: Falsification by
Private Individual and Use of Other Falsities
Falsified Documents Article 177: Usurpation of
Authority or Official Functions
Article 173: Falsification of
Wireless, Cable, Telegraph Article 178: Using Fictitious
and Telephone Messages, and and Concealing True Name
Use of Said Falsified
Article 179: Illegal Use of
Messages
Uniforms and Insignia
Article 174: False Medical
Article 180: False Testimony
Certificates, False Certificates
Against a Defendant
of Merits or Service, etc.

60
Article 181: False Testimony of Gold, Silver, or other
Favorable to the Defendant Precious Metals or their Alloys
Article 182: False Testimony
in Civil Cases
Article 183: False Testimony
in Other Cases and Perjury in
Solemn Affirmation
Article 184: Offering False
Testimony in Evidence
Article 185: Machinations in
Public Auctions
Article 186: Monopolies and
Combinations in Restraint of
Trade
Article 187: Importation and
Disposition of Falsely Marked
Articles or Merchandise Made

61
A. ACTS OF COUNTERFEITING provision and not falsification of
public document.

ARTICLE 161 –
COUNTERFEITING THE Intent to use is necessary. Actual
GREAT SEAL OF THE use, however, is not required, as
GOVERNMENT OF THE long as the forger intended to use
PHILIPPINE ISLANDS, it.
FORGING THE
SIGNATURE OR STAMP
OF THE CHIEF
EXECUTIVE

Acts punished:
Forging the Great Seal of the
Government of the Philippines;
Signature of the President;
Stamp of the President.

When the signature of the

president is forged, the crime
committed is covered by this
62
A.2. ARTICLE 162 – USING
FORGED SIGNATURE OR
Although the general rule is that
COUNTERFEIT SEAL OR STAMP
he should be punished by a
Elements: penalty of two degrees lower,
under Article 162 he is punished
The Great Seal of the Republic by a penalty only one degree
was counterfeited or the signature lower.
or stamp of the Chief Executive
was forged by another person;
Offender knew of the
counterfeiting or forgery;

He used the counterfeit seal or

forged signature or stamp.

Note: Offender under this article

should not be the forger.
Otherwise, he will be penalized
under Article 161. The
participation of the offender is in
effect that of an accessory.

63
A.3. ARTICLE 163 – MAKING caught counting the counterfeited
AND IMPORTING AND coins preparatory to the act of
UTTERING FALSE COINS delivering them, even though the
utterer may not obtain the gain
Elements: he intended [Decisions of the
There be false or Supreme Court of Spain]
counterfeited coins;
To import fake coins means to
Offender either made, bring them into port. The
imported or uttered such importation is complete before
coins; entry at the Customs House. [US
vs. Lyman, 26 Fed. Cas. 1024]
In case of uttering such false
or counterfeited coins, he Kinds of coins the
connived with the counterfeiting of which is
counterfeiters or importers. punished
Silver coins of the Philippines
To utter is to pass counterfeited or coins of the Central Bank
coins. It includes delivery or the of the Philippines;
act of giving them away. A
counterfeited coin is uttered when Coins of the minor coinage of
it is paid, when the offender is the Philippines or of the
64
 Central Bank of the
Philippines;
Coin of the currency of a
foreign country.

The counterfeiting of foreign

currency is punishable, regardless
of whether or not it is still in
official circulation. The reason
behind this is not only the harm
that it may cause to the public in
case it goes into circulation again,
but also the possibility that the
counterfeiter may later apply his
trade to the making of coins in
actual circulation. [People vs.
Kong Leon, C.A., 48 O.G. 664]

65
A.4. ARTICLE 164 – (1) Counterfeiting
MUTILATION OF COINS Forgery
Falsification

Acts punished
Mutilating coins of the legal In so far as coins in circulation are
currency, with the further concerned, there are two crimes
requirement that there be that may be committed:
intent to damage or to
defraud another; Counterfeiting coins

Importing or uttering such Mutilation of coins

mutilated coins, with the
further requirement that
there must be connivance Requisites of Mutilation under
with the mutilator or importer The RPC:
in case of uttering.
Coin mutilated is of legal
tender;

The first acts of falsification or Offender gains from the

precious metal dust
falsity include:
abstracted from the coin;
66
 It has to be a coin.

Foreign coins are not covered in

this article. [Reyes, 2012]
“Mutilation” means to take off
part of the metal either by filling
it or substituting it for another
metal of inferior quality. Deliberate intent arises only when
the offendercollects the precious
metal dust from the mutilated
coin.
Since the coins before were made
of silver and/or other precious
metal, shaving the metal from the
coins became a practice. Hence, A.5. PRESIDENTIAL DECREE
the coin’s intrinsic value is NO. 247
diminished. Prohibiting and Penalizing
Defacement, Mutilation,
Tearing, Burning or
This is the only article that Destruction of Central Bank
requires that the mutilated coin
be legal tender. Notes and Coins

67
It shall be unlawful for any person
to willfully deface, mutilate, tear,
burn or destroy, in any manner
whatsoever, currency notes and
coins issued by the Central Bank
of the Philippines.

68
A.6. ARTICLE 165 – SELLING Mode 2: Actually uttering such
OF FALSE OR MUTILATED false or mutilated coin,
COIN, WITHOUT CONNIVANCE
knowing the same to be false
or mutilated.

Mode 1: Possession of coin,

counterfeited or mutilated by Elements:
another person, with intent to
Actually uttering; and
utter the same, knowing that
Knowledge.
it is false or mutilated;

Elements: Possession prohibited in this

article is not only actual and
Possession; physical possession, but also that
With Intent to utter; and of a constructive one, or the
subjection of the thing to one’s
Knowledge.
control. The possessor should not
be the counterfeiter, mutilator or
importer of the coins.
69
As long as the offender has
knowledge that the coin is false or
mutilated, there is no need for
him to connive with the
counterfeiter or mutilator.

70
A.7. ARTICLE 166 – FORGING
TREASURY OR BANK NOTES
OR OTHER DOCUMENTS “Forging” – By giving any
PAYABLE TO BEARER; treasury or bank note, or any
IMPORTING AND UTTERING instrument payable to bearer, or
SUCH FALSE OR FORGED to order the appearance of a true
NOTES AND DOCUMENTS
and genuine document.

Acts punished
“Falsification” – By erasing,
Forging or falsification of substituting, counterfeiting or
treasury or bank notes or altering by any means, the
figures, letters, words, or signs
other documents payable to
contained therein.
bearer;
Importation of such false or
forged obligations or notes; The instrument is payable to
Uttering of such false or bearer:
forged obligations or notes in
connivance with the forgers When expressed to be so
or importers. payable

71
 When payable to a person holders of said documents to the
named therein or bearer prejudice of society and of the
State.
When payable to the order of
a fictitious or non-existing
person, and such fact was
known to the person making
it so payable
When the name of the payee
does not purport to be the
name of any person
When the only or last
endorsement is an
endorsement in blank.

The reason for this is that the

forging tends to bring such
documents into discredit and the
offense produces a lack of
confidence on the part of the
72
A.8. ARTICLE 167 –
An instrument is payable to
COUNTERFEITING,
IMPORTING, AND UTTERING order where it is drawn payable to
INSTRUMENTS NOT PAYABLE
TO BEARER the order of a specified person or

Elements: to him or his order.

There is an instrument
payable to order or other
document of credit not This covers instruments or
payable to bearer; other documents of credit issued
by a foreign government or bank.
Offender either forged,
imported or uttered such
instrument;
Forgery of currency is
In case of uttering, he punished so as to maintain
connived with the forger or integrity of the currency and thus
importer. insure the credit standing of the
government.

73
 Connivance is not required in
uttering if the utterer is the
forger.

74
B. ACTS OF FORGERY Offender knows that any of
those instruments is forged or
falsified;
B.1. ARTICLE 168 – ILLEGAL
He either –
POSSESSION AND USE OF
FALSE TREASURY OR BANK Uses any of such forged
NOTES AND OTHER or falsified instruments;
INSTRUMENTS OF CREDIT or
Elements: Possesses with intent to
use any of such forged or
Any treasury or bank note or
falsified instruments
certificate or other obligation
and security:
Payable to bearer, or any The rule is that if a person had in
instrument payable to his possession a falsified
order or other document document and he made use of it,
of credit not payable to taking advantage of it and
bearer is profiting thereby, the presumption
Forged or falsified by is that he is the material author of
another person; the falsification. [People vs.
Sendaydiego, (1978)]
75
Possession of false treasury or
bank notes alone is not a criminal
offense.

Intent to use is sufficient to

consummate the crime when the
offender is in possession of false
or falsified notes or obligations.

The accused must have

knowledge of the forged character
of the note.

76
B.2. ARTICLE 169 – HOW
FORGERY IS COMMITTED
For possession of false treasury or
bank note to constitute a criminal
offense, it must be with intent to
By giving to a treasury or use.
bank note or any instrument
payable to bearer or to order
mentioned therein, the
The essence of forgery is giving a
appearance of a true and
genuine document; document the appearance of a
true and genuine document.
By erasing, substituting,
counterfeiting, or altering by
any means the figures,
letters, words, or sign Not any alteration of a letter,
contained therein. number, figure or design would
amount to forgery. At most, it
would only be frustrated forgery.

Forgery includes falsification and

counterfeiting.

77
Possession of genuine treasury relation to Art. 166 (1). [Del

notes of the Philippines any of Rosario vs. People, G.R. No. L-

“the figures, letters, words or 16806 (1961)]

signs contained” in which had

been erased and/or altered, with Forgery can be committed

through the use of genuine paper
knowledge of such erasure and
bills that have been withdrawn
alteration, and with the intent to from circulation, by giving them
the appearance of some other
use such notes in enticing another true and genuine document.
[People vs. Galano, C.A. 54 O.G.
to advance funds for the avowed
5899]
purpose of financing the

manufacture of counterfeit

treasury notes of the Philippines,

is punishable under Art. 168 in

78
C. ACTS OF FALSIFICATION

The writing must be:

C.1. ARTICLE 170 –
FALSIFICATION OF complete in itself; and
LEGISLATIVE DOCUMENTS
either:
Elements:
capable of
There is a bill, resolution or extinguishing an
ordinance enacted or obligation or creating
approved or pending approval rights; or
by either House of the
Legislature or any provincial capable of becoming
board or municipal council; evidence of the facts
stated therein.
Offender alters the same;
He has no proper authority
therefor; Five classes of falsification:

The alteration has changed Falsification of legislative

the meaning of the documents;
documents.

79
Falsification of a document by
a public officer, employee or
notary public;
Falsification of a public or
official, or commercial
documents by a private
individual;
Falsification of a private
document by any person;
Falsification of wireless,
telegraph and telephone
messages.

80
C.2. ARTICLE 171 – Causing it to appear that
FALSIFICATION BY PUBLIC persons have participated
OFFICER, EMPLOYEE OR in any act or proceeding
NOTARY OR ECCLESIASTICAL when they did not in fact
MINISTER so participate;

Elements: Attributing to persons

who have participated in
Offender is a Public officer, an act or proceeding
employee, or notary public; statements other than
those in fact made by
He Takes advantage of his
them;
official position;
Making untruthful
He falsifies a document by
statements in a narration
committing any of the
of facts;
following acts:
Altering true dates;
Counterfeiting or
imitating any Making any alteration or
handwriting, signature or intercalation in a genuine
rubric; document which changes
its meaning;

81
 Issuing in an Under this article, only a public
authenticated form: officer, employee or notary
public, or ecclesiastical minister
 A document purporting to can be the offender.
be a copy of an original
document The ecclesiastical minister is liable
with respect to any record or
 When no such original
document that its falsification
exists, or Including in
may affect the civil status of
 such a copy a statement
persons.
contrary to, or different from, that
of the genuine original;
 2nd Element: Offender Take
Intercalating any instrument or Advantage of his Official
note relative to the issuance Position
thereof in a protocol, registry, or
official book. Offender takes advantage of his
official position in falsifying a
document when:
He has the duty to make or
1st Element: Persons Liable prepare, or intervene in the
under this Article preparation of the document;
or
82
 There should be an intent
He has the official custody of
to imitate, or an attempt
the document he falsifies.
to imitate
Two signatures, the
3rd Element: Offender Falsifies genuine and the forged,
a Document should bear some
resemblance.
A document is any written
statement by which a right or Feigning, which is simulating
status is established or an a signature, handwriting or
obligation is extinguished. rubric out of one which does
not actually exist.
Par. 1: Counterfeiting or Par. 2: Causing it to appear
imitating any handwriting, that persons have participated
signature or rubric. in any act or proceeding when
they did not in fact so
2 ways of committing falsification
participate.
under this paragraph:
Requisites:
Counterfeiting, which is
imitating any handwriting, Offender caused it to appear
signature or rubric in a document that a person/s

83
 participated in an act or
proceeding. Offender, in making a
document, attributed to such
Such person/s did not in fact person/s statements other
participate. than those they in fact made.

Par. 3: Attributing to persons Par. 4: Making untruthful

who have participated in an statements in a narration of
facts
act or proceeding statements
other than those in fact made Requisites:
by them Offender makes in a
document statements in a
narration of facts
Requisites: He has a legal obligation to
Person/s participated in an disclose truth of facts
act or proceeding
Facts narrated are absolutely
Such person/s made false
statements in that act or
proceeding
84
 Perversion of truth in the
narration was made with the
wrongful intent of injuring a
The existence of a wrongful intent
third person.
to injure a third person is
immaterial in falsification of a
public document. [Siquian vs.
There must be narration of facts, People, G.R. No. 82197 (1989)]
not conclusion of law. There
should be a legal obligation to
disclose the truth. [Beradio vs.
There can be falsification by
CA, G.R. Nos. L-49483-86
omission. An assistant
(1981)]
bookkeeper is guilty of
falsification by intentionally not
putting a record in his personal
The person making the narration account of chits and destroyed
of facts must be aware of the them so he could avoid paying the
falsity of facts narrated by him. same. [People vs. Dizon, G.R. No.
The narration of facts must be 144026 (2006)]
absolutely false. If there is some
colorable truth in such statements Par. 5: Altering true dates
crime of falsification is not
deemed to have been committed. The date must be essential
85
 Alteration or intercalation has
The alteration of the date changed the meaning of the
must affect the veracity of the document.
documents or the effects
thereof (such as dates of Change made the document
birth, marriage, or death). speak something false.

Par. 6: Making any alteration Change or insertion must affect

or intercalation in a genuine the integrity or effects of the
document. Furthermore, the
document which changes its alteration should make the
meaning document speak something false.
Otherwise, it would merely be a
Requisites:
correction.
There be an alteration
(change) or intercalation
(insertion) on a document. Par 7: Issuing in an
It was made on a genuine authenticated form a
document. document purporting to be a
copy of an original document

86
when no such original exists, Purporting to be a copy of
or including in such a copy a the original when no such
original exists.
statement contrary to, or
different from, that of the Including in a copy a
genuine original statement contrary to, or
different from, that of the
Falsification in this paragraph genuine original.
cannot be committed by a
private individual, or by a notary
public, or by a public officer, who A private person who cooperates
does not take advantage of his with a public officer in the
official position. falsification of a public document
is guilty of the crime and incurs
the same liability and penalty.
This is because authentication of
a document can only be made by
the custodian or the one who
prepared and retained a copy of
the original.

87
 Par 1 Par 2 Par 3 (later genuine genuine genu
falsified) or document document docu
an entirely
May be a May be a May be a fabricated
genuine genuine genuine document
(later (later (later

falsified) or falsified) or falsified) or

an entirely an entirely an entirely

fabricated fabricated fabricated
document document document

Par 5 Par 6 Par 7

May be a There must There must

genuine be a be
88
C.3. ARTICLE 172 – The falsification was
FALSIFICATION BY PRIVATE committed in a public,
INDIVIDUAL AND USE OF official, or commercial
FALSIFIED DOCUMENTS document or letter of
exchange.

Mode 1: Falsification of public,

official or commercial Mode 2: Falsification of
document by a private private document by any
person;
individual;
Elements:
Elements:
Offender committed any of
Offender is a Private
the acts of Falsification
individual OR Public officer or
except Article 171(7), that is:
employee who did not take
advantage of his official Issuing in an
position; authenticated form a
document purporting to
He committed any act of
be a copy of an original
Falsification (Art. 171);
document when no such
original exists, or
89
 Including in such a copy Offender Knew that the
a statement contrary to, document was falsified by
or different from, that of another person;
the genuine original;
The False document is in
Falsification was committed in Articles 171 or 172 (1 or 2);
any Private document;
He Introduced said document
Falsification causes Damage in evidence in any judicial
to a third party or at least the proceeding.
falsification was committed
with intent to cause such
damage. Elements in use in any
other transaction –

Offender Knew that a

Mode 3: Use of falsified
document was falsified by
document.
another person;
The False document is
Elements in introducing in a embraced in Articles 171 or
judicial proceeding 172 (1 or 2);
He Used such document;
90
 The use caused Damage to
another or at least used with
intent to cause damage. Note: This statement applies as
well to commercial documents,
because as to this kind of
document, a credit is sought to
In the falsification of public or be protected. [Reyes, 2012]
official documents, it is not
necessary that there be present
the idea of gain or the intent to
cause damage. This is because
the principal thing punished is the
violation of public faith and
destruction of the truth as therein
solemnly proclaimed.

The existence of a wrongful intent

to injure a third person is not
necessary when the falsified
document is a public document.
[Siquian vs. People, supra]
91
C.4. ARTICLE 173 –
FALSIFICATION OF WIRELESS, He utters fictitious wireless,
CABLE, TELEGRAPH AND cable, telegraph or telephone
TELEPHONE MESSAGES, AND message.
USE OF SAID FALSIFIED
MESSAGES
Mode 2: Falsifying wireless,
telegraph or telephone
Mode 1: Uttering fictitious message;
wireless, telegraph or
telephone message;
Elements:
Offender is an officer or
Elements: employee of the government
Offender is an officer or or an officer or employee of a
private corporation, engaged
employee of the government
in the service of sending or
or an officer or employee of a
receiving wireless, cable or
private corporation, engaged
telephone message;
in the service of sending or
receiving wireless, cable or
telephone message;
92
 He falsifies wireless, cable, receiving wireless, cable
telegraph or telephone or telephone message;
message.
He used such falsified
dispatch;
The use resulted in the
Mode 3: Using such falsified prejudice of a third party or
message. at least there was intent to
cause such prejudice.

Elements:
Offender knew that wireless, The public officer, to be liable,
cable, telegraph, or telephone must be engaged in the service of
message sending or receiving wireless,
cable, telegraph or telephone
Was falsified by an officer
message.
or employee of the
government or an officer A private individual cannot be a
or employee of a private principal by direct participation in
corporation engaged in falsification of telegraphic
the service of sending or dispatches under Article 173,
unless he is an employee of a
93
corporation engaged in the
business of sending or receiving
wireless, telegraph or telephone
messages. But a private individual
can be held criminally liable as
principal by inducement.

94
C.5. ARTICLE 174 – FALSE Note: The crime here is false
MEDICAL CERTIFICATES, certificate of merit or service
FALSE CERTIFCATES OF by a public officer.
MERITS OF SERVICE, ETC.
Persons liable
Private person who falsifies a
Physician or surgeon who, in certificate falling within the
connection with the practice classes mentioned in the two
of his profession, issues a preceding subdivisions.
false certificate (it must refer
to the illness or injury of a
person);
Note: The crime here is false
Note: The crime here is false medical certificate by a
medical certificate by a private individual or false
physician. certificate of merit or service
by a private individual.
Public officer who issues a false
certificate of merit of service,
good conduct or similar
circumstances

95
C.6. ARTICLE 175 – USING Offender knows that the
FALSE CERTIFICATES certificate was false;
Elements:
He uses the same.
The following issues a false
certificate:
Physician or surgeon, in When any of the false certificates
connection with the mentioned in Article 174 is used
practice of his profession, in a judicial proceeding, Article
issues a false Medical 172 does not apply, because the
certificate;
use of false document in judicial
Public officer issues a proceeding under Article 172 is
false certificate of Merit of
limited to those false documents
service, good conduct or
similar circumstances; embraced in Articles 171 and 172.

Private Person falsifies a

certificate falling within
the 2 preceding
subdivisions.

96
C.7. ARTICLE 176 – introduced into the
MANUFACTURING AND Philippines by another
POSSESSION OF person.
INSTRUMENTS OR
IMPLEMENTS FOR
FALSIFICATION
As in Article 165, the
Acts punished: possession contemplated here
is constructive possession.
 Making or introducing The implements confiscated
into the Philippines any need not form a complete set.
stamps, dies, marks, or
other
instruments or
implements for
counterfeiting or
falsification;

 Possession with intent

to use the instruments
or implements for
counterfeiting or
falsification made in or
97
D. OTHER FALSITIES department or agency of the
Philippine government or of
D.1. ARTICLE 177 –
any foreign government.
USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS

Mode 1: Usurpation of Mode 2: Usurpation of official

authority. (no connection with functions. (excess of
the office represented) authority)
The mere act of knowingly and In usurpation of official functions,
falsely representing oneself to be it is essential that the offender
an officer is sufficient. It is not should have performed an act
necessary that he perform an act pertaining to a person in authority
pertaining to a public officer. or public officer, in addition to
other requirements.

Elements:
Offender knowingly and Elements
falsely Represents himself; Offender performs any act;
As an Officer, agent or
representative of any
98
 Pertaining to any person in
authority or public officer of
Article 177 may be violated by a
the Philippine government or
public officer
any foreign government, or
any agency thereof;
Under pretense of official
position;
Without being lawfully
entitled to do so

The offender should have:

represented himself to be an
officer, agent or
representative of any agency
of the government; or
performed an act pertaining
to a person in authority or
public officer.

99
D.2. ARTICLE 178 – USING
FICTITIOUS AND CONCEALING
TRUE NAME
Elements:
Mode 1: Using fictitious name Offender conceals his true
name and other personal
circumstances;
Elements: Purpose is only to conceal his
Offender uses a name other identity.
than his real name; Concealing Tru
Use of Fictitious Name Name
He uses the fictitious name
publicly;
Publicity n
Purpose of use is to conceal a Element of Publicity necessary
crime, to evade the
execution of a judgment or
to cause damage [to public Purpose is to conceal a Merely to conce
interest – Reyes, 2012]. crime, evade execution identity.
of judgment, cause
damage)
Mode 2: Concealing true name
100
If the purpose is for causing
damage, it must be damage to
public interest.

If it is damage to private
interest, the crime will be estafa
under Art 315 2(a).

101
D.3. ARTICLE 179 – ILLEGAL resemblance calculated to deceive
USE OF UNIFORMS AND the common run of people is
INSIGNIA sufficient.
Elements:
Offender makes use of
insignia, uniforms or dress;
The insignia, uniforms or
dress pertains to an office
not held by such person or a
class of persons of which he
is not a member;

Said insignia, uniform or

dress is used publicly and
improperly.

Exact imitation of a
uniform or dress
unnecessary; a colorable
102
D.4. ARTICLE 180 – FALSE The witness who gave the false
TESTIMONY AGAINST A testimony is liable even if his
DEFENDANT testimony was not considered by
the court.
Elements:
There is a criminal
proceeding; False Testimony – committed by
Offender testifies falsely a person who, being under oath
and required to testify as to the
under oath against the
truth of a certain matter at a
defendant therein;
hearing before a competent
Offender who gives false authority, shall deny the truth or
testimony Knows that it is say something contrary to it.
false.
Defendant against whom the
false testimony is given is False testimony is punished
either acquitted or convicted because of its tendency to
in a final judgment. prejudice defendant.

103
Three forms of false
testimony:
False testimony in criminal
cases under Article 180 and
181;
False testimony in civil case
under Article 182;
False testimony in other cases
under Article 183.

Articles 180-184 punish the acts

of making false testimonies
because such acts seriously
expose society to miscarriage of
justice.

104
D.5. ARTICLE 181 – FALSE Conviction or acquittal of
TESTIMONY FAVORABLE TO defendant in the principal case is
THE DEFENDANT not necessary.
Elements:
A person gives false Rectification made spontaneously
testimony; after realizing the mistake is not
In favor of the defendant; false testimony.

In a criminal case.
Penalty for false testimony
against the accused is based on
The testimony need not in fact be the sentence imposed or if
beneficial to the defendant. It is accused is acquitted; that for
not necessary that the testimony testimony favorable to the
should directly influence the accused is based on the
decision of acquittal, it being imposable penalty. The rationale
sufficient that it was given with for the difference is the measure
the intent to favor the accused. of the wrong occasioned by the
injustice in each case, i.e. the
undeserved sentence and the
105
imposable penalty avoided,
respectively.

106
D.6. ARTICLE 182 – FALSE Falsity of testimony must first be
TESTIMONY IN CIVIL CASES established.
Elements:
Testimony given in a civil Art. 182 does not apply in special
case; proceedings. These are covered
Testimony relates to the by Art. 183 under “other cases”.
issues presented in said case;
Testimony is false;
Pending the determination of the
Offender knows that falsity of the subject testimonies
testimony is false; in the civil case, the criminal
action for false testimony must
Testimony is malicious perforce be suspended.

And given with an intent to

affect the issues presented in
said case.

107
D.7. ARTICLE 183 – FALSE Offender Makes a statement
TESTIMONY IN OTHER CASES under oath or executes an
AND PERJURY IN SOLEMN affidavit upon a material
AFFIRMATION matter;
The statement or affidavit is
made Before a competent
Acts Punished officer, authorized to receive
By falsely Testifying under and administer oaths;
oath; Offender makes a Willful and
deliberate assertion of a
By Making a false affidavit.
falsehood in the statement or
affidavit;

Note: The false testimony should The sworn statement or

not be in a judicial proceeding. affidavit containing the falsity
[Diaz vs. People] is Required by law, that is, it
is made for a legal purpose.

Elements of perjury:
The statement should be outside
the coverage of art 180-181.
108
Oath – any form of attestation by It is not necessary that there be a
which a person signifies that he is law requiring the statement to be
bound by conscience to perform made under oath, as long as it is
an act faithfully and truthfully. made for a legal purpose.

Affidavit – sworn statement in Perjury is a crime other than false

writing; declaration in writing, testimony in criminal cases or
made upon oath before an false testimony in civil cases,
authorized magistrate or officer. which are perversions of truth in
judicial proceedings.

There could be no perjury through

negligence or imprudence. This is Perjury is an offense which covers
because of the requirement that false oaths other than those taken
the assertion of a falsehood be in the course of judicial
made willfully and deliberately. proceedings. [US vs. Estraña, 16
Hence, good faith or lack of Phil. 521]
malice is a defense in perjury.

109
Subornation of perjury is prove a fact in reasonable collatera
committed by a person who matters
knowingly and willfully procures issue degree to which
another to swear falsely and the make
witness suborned does testify establish more or
under circumstances rendering less
him guilty of perjury. [US vs.
probability or probable
Ballena, 18 Phil. 382] Subornation
improbability the
of perjury is not expressly
penalized in the RPC; but the propositi
direct induction of a person by of a fact In n at
another to commit perjury may be I
punished under Article 183 in
relation to Article 17.

Material Relevant

Directed to Tends in any Concerns

110
D.8. ARTICLE 184 – OFFERING
FALSE TESTIMONY IN
EVIDENCE

Elements:
Offender fffers in evidence a
false witness or testimony;
He knows that the witness or
the testimony was false;
The offer is made in any
judicial or official proceeding

Offer of evidence begins at the

moment a witness is called to the
stand and interrogated by
counsel. The witness must testify.

111
D.9. ARTICLE 185 –
MACHINATIONS IN PUBLIC Offender has the Intent to
AUCTIONS cause the reduction of the
price of the thing auctioned.

Mode 2: Attempting to cause

Mode 1: Soliciting any gift or
bidders to stay away from an
promise as a consideration for
auction by threats, gifts,
refraining from taking part in
promises or any other artifice.
any public auction;

Elements:
Elements:
There is a public auction;
There is a Public auction;
Offender attempts to cause
Offender Solicits any gift or a
the bidders to stay away from
promise from any of the
that public auction;
bidders;
Such gift or promise is the
It is done by threats, gifts,
Consideration for his
refraining from taking part in promises or any other
that public auction; artifice;
112
 Offender had the Intent to
cause the reduction of the
price of the thing auctioned

The crime is consummated by:

Mere solicitation of gift or
promise as consideration for
not bidding, or
By mere attempt to cause
prospective bidders to stay
away from an auction.

113
D.10. ARTICLE 186 – combination in the form of a
MONOPOLIES AND trust or otherwise;
COMBINATIONS IN
In restraint of trade or
RESTRAINT OF TRADE
commerce or to prevent by
Note: This article has been artificial means free
repealed by the Philippine competition in the market
Competition Act, which was
signed into law on July 21, 2015. Mode 2: Monopoly to restrain
free competition in the market

Mode 1: Combination to Elements:

prevent free competition in
the market Monopolizing any
merchandise or object of
trade or commerce; or
Elements: Combining with any other
person or persons to
Entering into any contract or
monopolize said merchandise
agreement; or taking part in or object in order to alter the
any conspiracy or prices thereof by spreading
false rumors or making use of
114
 any other artifice to restrain
free competition in the Crime committed by: (1)
market combining, (2) conspiring, or
(3) agreeing with any person
Mode 3: Manufacturer, Purpose: (1) to make
producer, or processor or transactions prejudicial to
importer combining, lawful commerce, or (2) to
conspiring or agreeing with
increase the market price of
any person to make
transactions prejudicial to any merchandise or object of
lawful commerce or to commerce manufactured,
increase the market price of produced, processed,
merchandise assembled, or imported into
the Philippines
Elements:

Theory of the law: Competition,

Person liable: (1) not combination, should be the
manufacturer, (2) producer, law of trade
processor, or (4) importer of Mere conspiracy or combination is
any merchandise or object of punished.
commerce
115
If the offense affects any food
substance or other article of
prime necessity, it is sufficient
that initial steps are taken.
When offense is committed by a
corporation or association, the
president and directors or
managers are liable.

116
D.11. ARTICLE 187 – Offender knows that the
IMPORTATION AND stamps, brands, or marks fail
DISPOSITION OF FALSELY to indicate the actual fineness
MARKED ARTICLES OR or quality of the metals or
MERCHANDISE MADE OF alloys
GOLD, SILVER, OR OTHER
PRECIOUS METALS OR THEIR
ALLOYS
Selling the misbranded articles is
not necessary
Elements:

Offender imports, sells or

disposes of any of those Article 187 does not apply to
articles or merchandise (i.e. manufacturer of misbranded
gold, silver, other precious articles – he would be liable for
metals or their alloys) estafa under Art. 315(2)(b).

The stamps, brands, or marks

of those articles of
merchandise fail to indicate
the actual fineness or quality
of said metals or alloys

117
Article 188. Subsisting and 2. Any person who shall
altering trade-mark, trade- sell such articles of
names, or service marks. - The commerce or offer the
penalty of prision correccional same for sale, knowing
in its minimum period or a fine that the trade-name or
ranging from 50 to 2,000 trade- mark has been
pesos, or both, shall be fraudulently used in such
imposed upon: goods as described in the
preceding subdivision;
1. Any person who shall
substitute the trade name 3. Any person who, in the
or trade-mark of some sale or advertising of his
other manufacturer or services, shall use or
dealer or a colorable substitute the service
imitation thereof, for the mark of some other
trademark of the real person, or a colorable
manufacturer or dealer imitation of such mark; or
upon any article of
commerce and shall sell 4. Any person who,
the same; knowing the purpose for
118
 which the trade-name, name, title, symbol, emblem, sign
trade-mark, or service or device, or any combination
mark of a person is to be thereof used as an advertisement,
used, prints, lithographs, sign, label, poster, or otherwise,
or in any way reproduces for the purpose of enabling the
such trade-name, trade- public to distinguish the business
mark, or service mark, or of the person who owns and uses
a colorable imitation said trade-name or trade-mark.
thereof, for another
person, to enable that A service mark as herein used is a
other person to mark used in the sale or
fraudulently use such advertising of services to identify
trade-name, trade-mark, the services of one person and
or service mark on his distinguish them from the
own goods or in services of others and includes
connection with the sale without limitation the marks,
or advertising of his names, symbols, titles,
services. designations, slogans, character
names, and distinctive features of
A trade-name or trade-mark as radio or other advertising.
herein used is a word or words,

119
120
Article 189. Unfair either as to the goods
competition, fraudulent themselves, or in the
registration of trade-mark, wrapping of the packages
trade-name or service mark, in which they are
fraudulent designation of contained or the device or
origin, and false description. - words thereon or in any
The penalty provided in the other features of their
next proceeding article shall appearance which would
be imposed upon: be likely to induce the
public to believe that the
1. Any person who, in goods offered are those
unfair competition and for of a manufacturer or
the purposes of deceiving dealer other than the
or defrauding another of actual manufacturer or
his legitimate trade or the dealer or shall give other
public in general, shall persons a chance or
sell his goods giving them opportunity to do the
the general appearance same with a like purpose.
of goods of another
manufacturer or dealer,
121
2. Any person who shall hereafter be established
affix, apply, annex or use by law for the purposes
in connection with any the registration of a
goods or services or any trade-name, trade-mark
container or containers or service mark or of
for goods a false himself as the owner of
designation of origin or such trade-name, trade-
any false description or mark or service mark or
representation and shall an entry respecting a
sell such goods or trade-name, trade-mark
services. or service mark

3. Any person who by

means of false or
fraudulent representation
or declarations orally or
in writing or by other
fraudulent means shall
procure from the patent
office or from any other
office which may

122