TITLE I: CRIMES AGAINST NATIONAL SECURITY and THE LAWS OF NATIONS

114: TREASON =

- filipino or foreign temporary residing in PH

- in times of war
- alien enemy state
- levies (actual assembly of men for purpose of executing treasonable design by force)
- adheres and give them aid or comfort

People v. Perez – commandeering women is not adherence; trivial in nature.

2 ways to prove treason:

- 2-witness rule
- Offender’s confession in an OPEN COURT.

CONSPIRACY TO COMMIT TREASON =

- There are two or more persons come into an agreement to commit the crime of treason
and decide to commit it

PROPOSAL TO COMMIT TREASON =

- When a person who has decided to commit the crime of treason, proposes its execution
to some other person or persons

MISPRISION OF TREASON =

- Filipino ONLY – permanent allegiance

- Does NOT or fails to disclose information of his knowledge of treason

117: ESPIONAGE =

a)
- Any person
- Without authority entered naval, fort, warship, military establishment/reservation
- With intent to obtain confidential data (moment he enters, intent presumed)
b)

- Public officer who has been trusted by reason of his public position.
- Divulges information, plans, photographs or other data of a confidential nature
- To a representative of a foreign nation
- BOTH in times of PEACE or WAR
118: INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

- Performs unlawful act/unauthorized act by PH government

- Provoke or give occasion to a war involving PH or exposing PH citizens to reprisals
- Not legally authorized to do so
- In times of PEACE

Example: Bus containing hongkong citizens, ex captain entered the bus with loads of weapons/
grenades and even killed some of the HK nationals.

119: VIOLATION OF NEUTRALITY

- WAR
- PH not involved
- REGULATION/PROCLAMATION issued by competent authority enforcing NEUTRALITY
among Filipinos
- Offender violates such regulation

120: CORRESPONDENCE WITH HOSTILE COUNTRY

- WAR
- PH involved
- Offender makes correspondence with enemy country/any territory occupied by enemy
troops
- Correspondence is either:

1) prohibited by PH government (THERE MUST BE PROCLMATION prohibiting

correspondence with hostile country)

2) carried on in ciphers/conventional signs (NO PROCLAMATION NEEDED)

3) containing notice/information which might be useful to the enemy (NO PROCLAMATION
NEEDED)

121: FLIGHT TO ENEMY’S COUNTRY

- WAR
- Filipino or foreigner temporary residing (basta nay allegiance)
- Attempts to flee or go to enemy’s country
- PROCLAMATION/DECLARATION

122: PIRACY (amended by R.A. 7659) – akin to robbery

- Location of vessel: HIGH SEAS or PH WATERS

 - Offenders: STRANGERS or outsiders to the vessel
- Mode of committing: a) attack/seize vessel, b) seize in whole or in part the cargo,
equipment, or the personal belongings of the passengers or members of the
complement.
NOTE:
- if members/passengers AND in PH waters = only ACTS OF PIRACY under P.D. 532)
- if members/passengers AND in High seas = ROBBERY IN AN INHABITED PLACE.

122: MUTINY – akin to sedition (rising of commotion, an uprising, an act of dissent against a
lawful authority)

- HIGH SEAS or PH WATERS

- MEMBERS or PASSENGERS
- Commotion against lawful command of the captain or the commander of the ship
- NO intent to gain.

123: QUALIFIED PIRACY

- Seized by BOARDING/FIRING upon.

- Abandoned victims without the latter having means to save themselves
- Accompanied by MHPIR. Murder, homicide, physical injuries or rape. They qualify. They
are not separate crimes. Enumeration is CONCLUSIVE.

QULAIFIED MUTINY

- Abandoned victims without the latter having means to save themselves

- Accompanied by MHPR. Murder, homicide, physical injuries or rape. They qualify. They
are not separate crimes. Enumeration is CONCLUSIVE.

ANTIHIGHJAKING LAW (R.A. No. 6235)

1) Compelling pilot of PH aircraft to change course OR seizing control while in flight

2) Compelling foreign registry aircraft to land in PH OR seizing/usurping control while in
PH; need NOT in flight

Qualifiers:
a) Firing upon pilot/passengers
b) Exploding or attempt with a bomb
c) MHSR, murder, homicide, SERIOUS physical injuries, rape

IN FLIGHT = all its external doors had been closed or opened.

 3) Carrying flammable, explosive, corrosive, or poisonous materials on board a PASSENGER
AIRCRAFT
4) Carrying flammable, explosive, corrosive, or poisonous materials on board a CARGO
AIRCRAFT not in accordance with the rules and regulations of the Air Transportation
office

HUMAN SECURITY ACT OF 2007 (R.A. No. 9372)

- Predicate crimes
- Which sowed and created fear and panic among the populace
- With an unlawful DEMAND against the government

Predicate crimes:

RPC:
1) Piracy and mutiny
2) Rebellion/insurrection
3) Coup d’etat
4) Murder
5) Kidnapping and serious illegal detention
6) Crimes involving destruction

Special Law:
1) Arson
2) Nuclear waste control
3) Atomic energy regulatory
4) Anti-highjacking
5) Anti-piracy and anti-highway robbery
6) Illegal possession of firearms

NOTE: Terrorism plus predicate crimes: ABSORPTION PRINCIPLE

TITLE II: CRIMES AGAINST the FUNDAMENTAL LAWS OF THE STATE

124: ARBITRARY DETENTION WITHOUT LEGAL GROUND

- PUBLIC officer/ employee vested with authority to EFFECT arrest or to CAUSE

DETENTION.
- Detains a person – ACTUAL MANIFEST EVIDENT restraint of liberty
- WITHOUT legal grounds: a) arrested without warrant unless under exceptions, b) NOT
violently insane/ill that requires compulsory confinement

125: ARBITRARY DETENTION by FAILING TO DELIVER TO PROPER JUDICIAL AUTHORITIES within

12, 18, or 36 hours
 - PUBLIC officer/ employee vested with authority to EFFECT arrest or to CAUSE
DETENTION.
- WITH legal grounds: Caught the offender: a) IN FLAGRANTE DELICTO, b) in HOT
PURSUIT, or c) has escaped a penal institution

NOTE: If merong warrant, he has NO duty to send the detained to PJA (NOT fall under 125)

- FAILS to file case before the PJA – Judges/Courts of Justice (NOT fiscal – executive)

12 hours = light penalties (Unlicensed Firearms – PD 1866)

18 hours = correctional penalties
36 hours = afflictive/capital punishment

NOTE: In computing, WORKING HOURS only.

126: ARBITRARY DETENTION by DELAYING the RELEASE despite JUIDICAL/EO to do so

- PUBLIC officer/ employee vested with authority to EFFECT arrest or to CAUSE

DETENTION.
- Judicial/Executive Order
- Delay release WITHOUT VALID reason: a) service of notice, b) performance of the order
for release, or c) the proceeding

NOTE: EO may be given by FISCAL.

Judicial order to one crime does not negate that of another distinct criminal proceeding.

127: EXPULSION

- PUBLIC officers/employees WITHOUT AUTHORITY

- Either: a) expel a person from PH, or b) compel a person to change his residence

NOTE: President is authorized to deport/expel – personan non grata; Court – concubine and
penalty is distierro, may effect changing of domicile.

128: VIOLATION OF DOMICILE

- PUBLIC officer/employee under COLOR of AUTHORITY (authority to implement a

SEARCH warrant but went WITHOUT it) – Police officer
- NOT authorized by a judicial order (search warrant
- CHOOSE AMONG THREE:

a) Against the will of the owner

 - THERE MUST BE opposition or prohibition to enter-express/implied. If open yung
door, and without closing it. Implied consent.

b) Searching papers/effects without consent from owner

- consent for entry does not mean consent for search

c) Refusing to leave after surreptitiously entered

- REFUSED to leave having surreptitiously/secretly/candidly entered.

129: SEARCH WARRANTS MALICIOUSLY OBTAINED (Violation of domicile pa rin)

1) Violation of domicile is committed through: PROCURING a SEARCH WARRANT WITHOUT

JUST CAUSE.

NOTE: If done, the offender is guilty of violation of domicile, BUT offender party shall still
ALLOW the entry of the offender, BUT remedy for offended party shall be: a) motion to quash
the said warrant, or b) motion to suppress evidence confiscated.

What is a search warrant? It is an order in writing in the name of people of the PH, signed by
the judge directed to a peace officer, commanding the latter to search for property described
therein and to bring the particular things to be seized to court.

Before issuing SW:

1) One specific offense
2) Presence of probable cause
3) PC determined by the judge
4) Applicants to testify only as to facts personally known to them
5) SW specifically state the place to be searched and place to be seized.

If ANY is wanting, SW is illegally procured.

2) Violation of domicile is committed when: SW legally procured but used in excess of

authority or with unnecessary severity

10 days VALIDITY
GR: At DAY time only.
EXP: Specific order that it can be conducted “ANYTIME of the DAY OR NIGHT”

If SW contains irregularity: Go back to judge and move for the AMENDMENT of the said search
warrant.
NOTE: If other crimes were committed with paragraph 2 of 129, file all and separate. 129
PROHIBITS complexing and absorption of crimes.
130: SEARCHING DOMICILE WITHOUT WITNESSES

Hierarchy of witnesses:
1) Owner of the house
2) Family members
3) Two witnesses residing from the same locality

NOTE: Violation of hierarchy renders things confiscated inadmissible against the owner for
being fruits of poisonous tree pursuant to exclusionary rule in Political Law.

NO CRIME OF ILLEGAL RESEARCH. Hence, if conducted in vehicles or any other places. Remedy:
Action for damages.

131: INTERRUPTION OF PEACEFUL MEETINGS

1) Committed by public officers/employees – general definition of PUBLIC OFFICERS.

2) Choose among:

A) Interrupting/Dissolving without legal ground such peaceful meeting,

B) Hindering persons to join lawful association/attending any of its meeting, or
C) Prohibiting/Hindering persons from addressing governmental grievances.

Purpose: Freedom of speech, expression, and assembly.

132: INTERRUPTION OF RELIGIOUS WORSHIP

1) Committed by public officers/employees – general definition of PUBLIC OFFICERS.

2) Religious ceremony happening or about to take place
3) Offender PREVENTS OR DISTURBS

NOTE: If Violence/Threat is also committed. They are absorbed and serve as AGGRAVATING or
QUALIFYING circumstance and a higher penalty is imposed. Sample grave threats, it will be
absorbed.

133: OFFENDING the RELIGIOUS FEELINGS – only Article in Title 2 which includes private
persons as offenders

1) Committed by ANY person, including PRIVATE PERSONS.

2) Performs NOTORIOUS ACTS – if offensive to all kinds of religion. Example: Acts directed
against religious dogma, ritual, faith of the religion, or mocks, ridicule, or scoffs of the
 said dogma, ritual, faith or he attempts to damage the object of veneration of a certain
religion.
3) Such act is PERFORMED in either: a) place devoted for religious worship, or b) during the
celebration of religious ceremony.

TITLE III: CRIMES AGAINST PUBLIC ORDER

134: REBELLION/INSURRECTION

1) Committed by ANY person (masses; kahit isang tao lang din)

2) ARMED public uprising
3) Purpose for doing is: a) remove the territory from allegiance to said
government/remove any body of land, naval or other armed forces, b) deprive chief
executive/congress of their powers, either wholly or partially.

ALL OTHER COMMON CRIMES and even Special law violation, if committed with REBELLION is
ABSORBED. Theory of Absorption in Rebellion. Only one charge of rebellion.

NOTE: There must be proof that other crime was committed in FURTHERANCE of rebellion.
Absence of such, it will not be absorbed.

Rebellion is a continuing crime. Rebelled once, you are considered as rebels forever.

134-A: COUP D’ETAT

1) Persons belonging to the MILITARY/POLICE or holding PUBLIC office/employment OR

not in Gov’t service but participates/aids in the undertaking of coup d’etat
2) SWIFT ATTACK with violence, intimidation, threat, strategy, or stealth
3) Directed gainst: a) duly constituted authorities, or b) military camp, installation or other
facilities needed for the exercise and continued possession of power.

REBELLION/INSURRECTION COUP D’ETAT

Armed public uprising Swift attack

Against government Against duly constituted authorities
Crime of masses; Multitude of people Even without PUBLIC participation
Purpose: Overthrow gov’t Diminish power of gov’t
FORCE and VIOLENCE only Force, violence, intimidation, threat, strategy, stealth

NOTE: Other crimes committed must be on the SAME PENAL STATUTE as coup d’etat. Sample:
Articles of war and coup d’etat: Separate because: Triable at different courts civilian and
military, they are not punished by same penal statute, and AOW is sui generis (cannot be
absorbed by any other crime).

136: CONSPIRACY AND PROPOSAL to commit coup d’etat, rebellion/insurrection

Conspiracy – when two or more persons come to an agreement to commit IT and decide to
commit it.

Proposal – when the person who decides to commit IT proposes ITS execution to some other
persons or person.

138: INCITING to rebellion/insurrection (only)

REBELLION but NOT ARMED or NOT IN OPEN HOSTILITY; only: a) incite others to uprise, 2)
through SPEECHES, PROCLAMATIONS, WRITINGS, EMBLEMS, BANNERS or other representation
tending to the same end. (NOT a participant)

139: SEDITION

Just like rebellion but NOT ARMED. Also, like RALLY pero when done outside legal methods, it
becomes SEDITION

1) TUMULTUOUS PUBLIC UPRISING (any person)

2) Through force, intimidation, or other means outside of legal methods
3) Objective is to (either POLITICAL or SOCIAL – unlike in rebellion political:

a) Prevent execution of law/holding popular election

b) Prevent freely exercising governmental functions
c) Inflict act of hate/revenge against public officer/employee
d) To despoil, for POLITICAL or SOCIAL end, government entities

REBELLION SEDITION
Objective: Political Objective: Political/Social
Purpose: To overthrow gov’t To go against what the gov’t wants to implement

141: CONSPIRACY to commit SEDITION (NO crime of proposal to commit sedition)

142: INCITING to SEDITION

1) NOT a participant in sedition

2) Choose one of the 3 ways:
a. Incites other for the “objectives” in sedition; through speeches, proclamations,
writings, emblems, cartoon, banners, or other representation tending to the
same end.
 b. Uttering seditious words or speeches tend to disturb public peace
c. Writing, publishing or circulating scurrilous libels against Gov’t or duly
constituted authorities tending to disturb public peace.

NOTE: Use of unlicensed firearms in rebellion, sedition, attempted coup d’etat is absorbed.
Only it can ONLY be special aggravating IN crimes of murder/homicide (whatever be the kind of
killing)

Illegal possession of firearms PD 1866 amended by RA 8294 – can only be a separate crime if he
is NOT CONVICTED (FINAL CONVICTION is NEEDED; not applicable if CHARGED LANG) of any
other crime committed.

Charged of Comelec gun ban and charged of IPOF = Can still be charged of IPOF. No final
conviction/acquittal yet for Comelec gun ban.

143: ACTS TENDING to PREVENT the MEETING of the ASSEMBLY and SIMILAR BODIES.

1) ANY PERSON (OUTSIDE not included in the meeting)

2) Prevents meeting of CONGRESS (its committees, constitutional committees/any
provincial/municipal board)
3) While there is an actual meeting or projected meeting
4) By Force or Fraud

144: DISTURBANCE OF PROCEEDINGS

1) ANY PERSON (INSIDE included in the meeting)

2) Prevents meeting of CONGRESS (its committees, constitutional committees/any
provincial/municipal board)
3) Behaves in the proceeding in such manner to interrupt it or impair respect due it.

145: VIOLATION of PARLIAMENTARY IMMUNITY

a) PRISION MAYOR - Committed by ANY by force, intimidation/threat, or any other means,

preventing any member of Congress (other similar bodies): 1) from attending any
meeting, or 2) from expressing his opinions/casting his vote
b) PRISION CORRECCIONAL – Committed by PUBLIC officer/employee, arresting or
searching member of the Congress while in regular or special session.
 Exception: Crime committed by the member of the Congress is punished higher
than prision mayor.

Double murder – reclusion perpetua (no violation of 145)

Libel – prision correctional (violation of 145)
Homicide – reclusion temporal

Any BREAK or HOLIDAY – Congress is in Session (so kahit nasa bahay, ala sa meeting, asa regular
session pa rin)

146: ILLEGAL ASSEMBLY

A) There be a fixed or moving meeting by ARMED persons for the purpose of committing
crimes punished under the RPC. (meeting to rob a bank, must be ARMED)
B) There be a fixed or moving meeting by ARMED or NOT persons, inciting to the
commission of the crime of TRISA (treason, rebellion, insurrection, sedition, or assault).
There must be proof that audience were really INCITED. If none, those audience are not
liable.

NOTE: Arms pertained especially in A, refers not only to guns but also to other weapons which
can cause VIOLENCE or INJURY to persons.

Organizers/leaders and audience of the meeting are ALL LIABLE.

Armed audience – prision correctional
NOT armed audience – arresto mayor

147: ILLEGAL ASSOCIATIONS

1) There be an ORGANIZED/FORMED group, either totally/partially.

2) Choose:
a. For the purpose of committing crimes under RPC or SPECIAL LAW (but against
public morals)
b. For some purpose contrary to public morals

Jueteng – PD 1602 illegal gambling (against public morals – not yet legalized by law)
148: DIRECT ASSAULT

A)
1) Employs force and intimidation
2) To attain any of the purposes of REBELLION/SEDITION
3) WITHOUT public uprising

B)
1) Makes an attack/employ force/seriously intimidating/seriously resisting
2) Choose:
a. Against person in authority (IR shall be SERIOUS)
b. Against agent of the person in authority (AFIR shall be SERIOUS)
3) PIA/APIA is engaged in the performance of duty/on occasion or by reason of the past
performance of official duty (NOT because of personal vendetta)
4) Offender knows him to be a PIA/APIA
5) WITHOUT public uprising

Who are persons in authority? Article 152

Any person directly vested with jurisdiction, whether as individual/as member of some
court/gocc/board/commission.

Persons charged with the supervision of public/duly recognized private schools,

colleges/institutions.

Lawyers, barangay captain, barangay chairman, teachers, and professors while in the act
of the professional duties.

Who are agents of the persons in authority? Article 152 (2)

Any person charged with the maintenance of public order and security of life and
property. Example: Police officers/councilors, MMDA.

What QUALIFIES direct assault?

1) With weapon – firearms, knives, or any other items which will inflict injury.
2) Offender is a public officer/employee
3) Lay of hands upon PIA (not applicable to APIA)

NOTE: Slight felony is always absorbed by Direct Assault. However, if grave/ less grave felony,
ALWAYS COMPLEX IT. Example: DA with murder, DA with homicide, DA with serious physical
injuries, and DA with less serious physical injuries (NOT slight physical injuries, because it is
absorbed).
NOTE: You can NOT complex robbery with direct assault. There should be a SINGLE act resulting
to two or more grave or less grave felonies. Example: If the intent is to assault but at the same
instance robbery is committed, it be a separate information and not one information to be filed,
since they are not complexed.

STEPS:
1) Is it direct assault?
2) Is it qualified?
3) Is there other felony that can be complexed?

Example: Judge with the person who helped him, mauled by offender. For the judge, it was
qualified direct assault with serious physical injuries. For the agent who helped him, it was
direct assault.

149: INDIRECT ASSAULT

1) Force/intimidation upon a person giving aid to A-PIA being assaulted.

150: DISOBEDIENCE TO SUMMONS (by the National assembly, its committees/subcommittees,

by the constitutional commissions, its commissions, its committees, subcommittees/divisions)

Choose among:

A) Refusing, WITHOUT legal excuse to obey summons

B) Refusing to be SWORN or PLACED under affirmation while being before such legislative
or constitutional body. Wherein, he appeared but refused to be SPUA.

C) Refusing to answer legal inquiry/produce books, papers, documents, or records in his

possession, when required.

D) Refusing/restraining ANOTHER from attending as a witness in such legislative or

constitutional body hearing.
 E) Inducing disobedience to a summons/refusal to be sworn by any such body/official

NOTE: Power to issue summons is vested upon: Congress (HoR/Senate). Only inquiry in aid of
legislation. Only DOJ ombudsman have the power to file a case against.
NOTE: Violation of 150 (A), can give rise to being liable or cited FOR CONTEMPT (and placed in
detention in the Senate Blue Ribbon). FOR (B), it is not absolute; limited by constitutional
provision on right against self-incrimination.

151: RESISTANCE OR DISOBEDIENCE to a person in authority or the agents of such person

Choose among:

A) RESISTANCE AND SERIOUS DISOBEDIENCE

a. PIA or APIA while in the performance of duty gives a lawful order to the offender
who resists or seriously disobey. Such resistance/disobedience shall NOT amount
to: 1) direct assault, 2) indirect assault, or 3) disobedience to summons issued by
Congress
B) SIMPLE DISOBEDIENCE
a. APIA while in the performance of duty gives a lawful order to the offender who
disobey. Disobedience is not serious in nature.

152: PERSONS IN AUTHORITY and AGENTS OF PERSONS IN AUTHORITY

PIA:
1. Municipal Mayors
2. Division Superintendent of schools
3. Public and private school teachers
4. Teacher-nurse
5. President of the sanitary division
6. Provincial Fiscal
7. Judges
8. Lawyers in actual performance of duties
9. Sangguniang Bayan member
10. Barangay Chairman

APIA:

Those who are in charged with:

- The maintenance of public order; and
- The protection and security of life and property
153: TUMULTS and other DISTURBANCES

It can be committed by ANY but MUST BE a PARTICIPANT. At least 4 persons and ARMED (or
other means of violence).

Choose among:

A) Offender deliberately intended to cause serious disturbances in public place, office,

establishment/meeting
B) Disturbing performances, functions/gatherings, or peaceful meetings (if it does not fall
under 131/132). If done by private entity or is a participant, AUTOMATICALLY RULE OUT
131/132. Moreover, purpose of 153 is to disturb peace, while 131/132 is to prevent
exercising freedom
131: INTERRUPTION OF PEACEFUL MEETINGS

1) Committed by public officers/employees – general definition of PUBLIC OFFICERS.

2) Choose among:

A) Interrupting/Dissolving without legal ground such peaceful meeting,

B) Hindering persons to join lawful association/attending any of its meeting, or
C) Prohibiting/Hindering persons from addressing governmental grievances.

Purpose: Freedom of speech, expression, and assembly.

132: INTERRUPTION OF RELIGIOUS WORSHIP

4) Committed by public officers/employees – general definition of PUBLIC OFFICERS.

1) Religious ceremony happening or about to take place
2) Offender PREVENTS OR DISTURBS

NOTE: If Violence/Threat is also committed. They are absorbed and serve as AGGRAVATING or QUALIFYING
circumstance and a higher penalty is imposed. Sample grave threats, it will be absorbed.
c) Outcry tending to incite rebellion/sedition in any meeting, association, or public place.

138: INCITING to rebellion/insurrection (only)

REBELLION but NOT ARMED or NOT IN OPEN HOSTILITY; only: a) incite others to uprise, 2) through SPEECHES,
PROCLAMATIONS, WRITINGS, EMBLEMS, BANNERS or other representation tending to the same end. (NOT a
participant)

142: INCITING to SEDITION

1) NOT a participant in sedition

2) Choose one of the 3 ways:
a. Incites other for the “objectives” in sedition; through speeches, proclamations, writings,
emblems, cartoon, banners, or other representation tending to the same end.
b. Uttering seditious words or speeches tend to disturb public peace
c. Writing, publishing or circulating scurrilous libels against Gov’t or duly constituted
authorities tending to disturb public peace.
d) Disturbing places by displaying placards or emblems, against public order.

NOTE: Compare C and D to inciting to rebellion/sedition. There difference: Under C & D, it must
be UNCONSCIOUS OUTBURST OF EMOTION. While in inciting to rebellions/edition, they are
intentional.
 e) Burying with pomp the body of the person who has been legally executed (as if he is a
hero, that gov’t has committed a crime for executing the same, hence disturbance of
public order.

154: UNLAWFUL USE of MEANS of PUBLICATION & UNLALWFUL UTTERANCES

Choose among:

A) Publishing false news by means of printing lithography or any other means which may
endanger public order or damage the interest of the State.

NOT example: Headlines saying KC stated that Piolo is gay, even though it did not happen. Not
against public order. Not violative of (A).

Example: Bomb threat news, despite upon knowing that it is not true, they published the same.

B) Publishing, or by means of words, utterances, or speeches encouraging disobedience of

the law/to the constituted authorities/justifying acts punished by law.

Example: Distributing leaflets saying that whoever follows RH bill shall be ex-communicated

C) Maliciously without authority publishing or causing to publish official resolution or

document.
D) Publishing/distributing or any other means books, pamphlets, periodicals, or leaflets
which do not bear the real printer’s name or which re classified as anonymous. NAME of
the publisher, printer, author, MUST be STATED even at the bottom.
155: ALARMS and SCANDALS

Choose among:

A) Discharging any kinds of explosives causing /producing alarm/danger.

Example: At the middle of the park, then fired shots in the air.

But if fired towards a certain person, knowing that it has no bullets. He discharged the
firearm. The crime is ILLEGAL DISCHARGED OF FIREARMS under Article 254. If gun is only poked,
it is LIGHT THREATS. KNOW the INTENT!!!!!! If it is to cause just disturbances, to kill, or just to
discharge the gun!

B) Instigating or taking part in charivari (a mock serenade of discordant voices via kettles,
tins, and horns) offensive to another or to public tranquility

Example: Mendiola hits

C) Wandering about at night/Engaging in a nocturnal amusement

Example: Videoke past midnight.

D) Disturbing public places while intoxicated

Example: Banging gates with lead pipe. BUT not when one is intoxicated and singing on top of
his voice (acceptable).

NOTE: Probation is allowed in A&S but not in those involving crimes against national security.
NOTE: The INTENT must be to constitute A&S is to cause damage to public peace or to cause
alarm/danger (wherein the intent is to kill a person, no crime of A&S would arise).

156: DELIVERING PRISONERS FROM JAIL

1) There was a person detained (BOTH detention prisoner or prisoner by final judgment) in
penal establishment/jail.

2) Offender is ANY but NOT the prisoner’s custodian (if so, it would be Article 223 infidelity
in the custody of prisoners).
 3) Offender removes/helps escape such prisoner.

EXAMPLE: What are the crimes committed by A (the prisoner by final judgment), B (the friend),
C jail warden custodian (received also 500), D the guard of the penal institution (received also
500), and the E friend who harbored him?

A – evasion of sentence
B – delivering prisoners from jail (qualified by the giving of bribe - to the D guard). NOTE: Bribe
is qualifying NOT separate crime of CORRUPTION OF PUBLIC OFFICIAL – it is qualifying in Article
156.
C – infidelity in the custody of the prisoners AND direct bribery (separate crimes, because direct
bribery is not an aggravating circumstance in Article 223).
D - delivering prisoners from jail (bribery as qualifying)
E – PD 1829 Obstruction of Justice (any person who willfully or deliberately obstructs or
impedes the investigation or the apprehension of a criminal). NOT accessory because in the
problem, it was not mentioned what crime was committed by the escapee (diba under
accessories may specific crimes lang para maging accessory? Such as treason, parricide, murder,
attempt to take the life of the chief executive or is known to be habitually guilty of some other
crime.

157: EVASION OF SERVICE OF SENTENCE

1) Escapee who is convicted by final judgment (MUNTINLUPA CITY lang!!!). It INLCUDES

distierro

QUALIFIER if EOSOS is committed by means of:

a. Unlawful entry
b. Breaking doors, windows, gates walls, roofs, or floors
c. Using picklocks, false keys, disguise, deceit, violence, or intimidation
d. Connivance with other convicts/employees of the penal institution

158: EOSOS - ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER

CALAMITIES

1) Escapee who is convicted by final judgment (MUNTINLUPA CITY lang!!!). IT does NOT
include distierro. Needs to be in penal establishment
2) On the occasion of (choose):
a. Conflagration
b. Earthquake
c. Explosion
 d. Similar catastrophe
e. Mutiny in which he has not participated
3) Failed to surrender to authorities within 48 hours upon issuance of a PROCLAMATION by
the Chief Executive – announcing the passing away/subsiding of the calamity.

EFFECT:

1) If surrendered within 48 hours: Article 98, special time allowance for loyalty – 1/5
deduction from his sentence.
2) If did not leave the penal institution: 2/5 credit deduction from his sentence.
3) FAILURE to surrender – ADDITIONAL PENALTY of 1/5 of his sentence (but must NOT
exceed 6 months)

159: EOSOS – by VIOLATION OF CONDITIONAL PARDON

1) A convict GRANTED a CONDITIONAL PARDON by the CHIEF EXECUTIVE

2) Violated the CONDITIONS of the pardon.

When is VILATION of CONDITIONAL PARDON becomes a SUBSTANTIVE OFFENSE?

If the penalty remitted by the grant of pardon does not exceed 6yrs, violation of conditional
pardon becomes SUBSTATIVE, BECAUSE there is a new penalty imposed upon him that is
prision correccional minimum 6 months and 1 day to 2 years and 4 months.

NOTE: If the penalty remitted is MORE than 6 years; because even if he violates the condition,
he is not given a new penalty. NOT substantive.

160: COMMISSION OF ANOTHER CRIME during SERVICE OF PENALTY imposed for another
previous offense.

1) Offender convicted by final judgment of one offense.

2) Committed new felony before beginning or while serving the first offense.

NOTE: This is SPECIAL AGGRAVATING (contended to be a misplaced article, as it is not a felony)

TITLE IV: CRIMES AGAINST PUBLIC INTEREST

161: COUNTERFETING THE GREAT SEAL of the government of the Philippine islands, FORGING
THE SIGNATURE OR STAMP of the chief executive

1) Choose among:
a. Forging the great seal of the gov’t of the Philippines
b. Forging the signature of the President
 c. Forging the stamp of the President
2) Must be the one who commits the forfeiting (not merely used the forged item)

162: USING of forged signature/counterfeit seal/stamp

1) GSS was forged by another person

2) Offender knew of the counterfeiting/forgery CF
3) Offender still used such GSS

163: MAKING AND IMPORTING AND UTTERING FALSE COINS

1) There be false or counterfeited COINS

2) Offender Made (counterfeited), Imported, or Uttered such coins MIU
3) WITH connivance with counterfeiters/importers

C - imitation of false coins

I - bring into the Philippine ports any false and counterfeited coins.
U - circulate, give away to another, pass from one person to another any counterfeited or false
coins.

NOTE: NOT necessary if the MIU-ed coin is of legal tender that time.

164: MUTILATION OF COINS

Choose among:

A) Mutilating of coins of the legal currency WITH INTENT to DAMAGE/DEFRAUD another.

B) Importing/uttering such mutilated coins WITH CONNIVANCE with the
MUTILATOR/IMPORTER

What is mutilation? Taking off part of the metal content of the coin thereby filling it with
inferior quality for the INTENT of gathering METAL DUST. Hence, a crime against public interest
because it deceives whoever receives the mutilated coin.

If NO INTENT to gather metal dust:

P.D. 247 (punishes persons who willfully/knowingly defaces, mutilates, tears, burns, or
destroys any currency notes/coins issued by the BANGKO SENTRAL NG PILIPINAS) –
dead law (no one has been prosecuted by it).
 Example: Children scratches coins while playing karakrus. 1k bill with written contact
number.

165: SELLING of false or mutilated coin, WITHOUT CONNIVANCE (opposite of 163)

Choose among:

A) In possession of counterfeited/mutilated coin by another person WITH INTENT to

utters/circulates the same even if he HAS KNOWLEDGE.
B) In possession of counterfeited/mutilated coin by another person ACTUALLY
utters/circulates the same, even if he HAS KNOWLEDGE

Possession – not only physical or actual possession; also constructive possession – control and
custody

166: FORGING TREASURY/BANK NOTES or OTHER DOCUMENTS PAYABLE TO BEARER;

IMPORTING and UTTERING such FALSE/FORGED NOTES AND DOCUMENTS

Choose among:
A) Forging/falsification TBN
B) Importation TBN
C) Uttering TBN WITH CONNIVANCE with the forgers or importers.

167: Counterfeiting, importing, and uttering INSTRUMENTS NOT PAYABLE TO BEARER

1) There be an INSTRUMENT payable to order OR NOT payable to bearer

2) Offender forged, imported/uttered such instrument
3) UTTERING is WITH CONNIVANCE with the forger/importer

168: ILLEGAL POSSESSION and USE OF FALSE TREASURY OR BANK NOTES and OTHER
INSTRUMENTS of CREDIT

1) Offender KNOWS but STILL USED such forged/falsified treasury or bank note/certificate,
security payable to bearer, payable to order, or other document of credit not payable to
bearer.

PAYABLE TO BEARER – it can be transferred by mere delivery.

Example: Check payable to cash.

PAYABLE TO ORDER - can be transferred by mere delivery when there is an endorsement
(order) coming from the person named or specified therein.

Example: Payable to the order of Juan.

NOTE:

Coin – counterfeit
Stamp, seal, signature – forge
Treasury/bank notes – forge
Document – falsification

FALSIFICATION - The falsified writing must be a document capable of giving rights as well as
extinguishing the same, and complete in itself and hence, enforceable. It is not just a mere
form.

Example: NOT yet falsification: Carrying of unfilled-out form. Violation of Article 176 – Mere
possession of instrument or implements for falsification NOT yet falsification of public
document.

4 types which may be falsified:

1) PUBLIC DOCUMENT – document issued by a notary public/competent public official with

the solemnities required by law.
2) OFFICIAL DOCUMENT – document issued by a public official in the exercise of his official
functions.
3) COMMERCIAL DOCUMENT – document defined and regulated by the Code of
Commerce / any other mercantile law
4) PRIVATE DOCUMENT – document, deed, or instrument executed by a private person
without the intervention of notary public or any other person legally authorized. No
intervention of public official.

Falsification of private document – DAMAGE is an element. Intent to cause damage or presence

of damage.

Falsification of public document – Damage is NOT an element.

171: Falsification by PUBLIC OFFICER, EMPLOYEE, or NOTARY or ECCLESIASTICAL MINISTER

1) Public officer, employee, notary public or an ecclesiastical minister

2) Who takes advantage of his public position (when he has duty with regard to
preparation of the document OR has official custody of the document). Falsifies them
through:

A. Counterfeiting (imitating) handwriting, signature or rubric

B. Causing it to appear that persons participated in proceedings when in fact they did not
C. Attributing to persons who participated newly made statements not made by them
D. Untruthful statements in a narration of facts
o It is necessary that the offender has LEGAL OBLIGATION to do (there be a law).
EXP: Residence certificate/community tax certificate. Even no law, there is
obligation to state nothing but the truth.
o That the intention of the offender must be to INJURE ANOTHER PERSON.
E. Altering true dates
o What has been altered must be a true date, and due to alteration, document will
no longer have any effect.
F. Alteration/intercalation (there must be changes OR INSERTION) in a genuine document
which changes its meaning
G. Issuing a copy contrary to the original content OR when in reality, no such original copy
exists
H. Intercalating any instrument or note relative to the issuance thereof in a protocol,
registry or official book.

3) Public document

NOTE:

ECCLESIASTICAL MINISTER – commits 171 when such falsification AFFECTS the CIVIL status of
persons.

FEIGNING (different from counterfeiting) - “simulating” a handwriting, signature or rubric. That

is, making a handwriting, signature or rubric out of nothing which does not exist.

172: Falsification by PRIVATE INDIVIDUALS and use of falsified documents

Choose among:

A) Falsification of a public, official or commercial document by a private individual

a. Same requisites as 171 but offender is PRIVATE individual
B) Falsification of private document by any person
 a. It is necessary that there be DAMAGE or intent to CAUSE damage because it is
private document. Regardless if the offender is public or private employee.
C) Use of falsified document
a. Document is falsified AND offender uses it (NOTE: If used, there must be proof of
damage or intent to cause damage. EXP: in JUDICIAL PROCEEDING, no need for
such proof to be held liable for falsification under C.

173: Falsification of WIRELESS TELEGRAPH and TELEPHONE MESSAGES

Choose among:

A) Uttering fictitious, wireless, telegraph or telephone message

B) Falsifying wireless, telegraph or telephone message

NOTE: A and B can only be committed by a person working in a department, agency or

corporation which is engaged in a business of receiving and sending wireless, telegraph and
telephone messages.

C) Using such falsified message

NOTE: C can be committed by any person.

174: FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT OR SERVICE, ETC

Choose among:

A) PHYSICIAN OR SURGEON who issues a false medical certificate in the practice of his
profession
B) PUBLIC OFFICER who issues a false certificate of merit, service or good conduct, moral
character, etc.
C) ANY PRIVATE INDIVIDUAL who falsifies a medical certificate or certificate of merit or
service or good conduct

NOTE: The offender is the person who falsifies, issues the false medical certificate or certificate
or merit.

175: Using FALSE CERTIFICATE

- If the offender is not the falsifier, but he knows that the said document is falsified and
he makes use of the same

Example: Doctor falsifies medcert, then patient made use of it to be excused from
disappearance in court.
176: MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION

Choose among:

A) Making or introducing into the Philippines any stamps, dies, marks or other instruments
or implements for counterfeiting or falsification
B) Possessing with intent to use the instrument or implements for counterfeiting or
falsification

Example: Found in possession of unfilled-out forms of driver’s license.

177: USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS

Choose among:

A) when a person knowingly and falsely represents himself to be an public officer or agent.
B) if any person performs an act under pretense of public official position, and without being
lawfully entitled to do so.

Example: Mayor under preventive suspensions – unless until lifted by Ombudsman and lifting
was implemented by the DILG.

NOT example: Man, owner of the vehicle manned the traffic in the absence of MMDA – not
under pretense; done out of pacific (to promote peace and to end a conflict) spirit to help ease
the said traffic.

178: USING FICTITIOUS NAME and CONCEALING TRUE NAME

Choose among:

1) Using fictitious name

a. Uses a name other than his name PUBLICLY
b. Purpose (choose one):
i. To conceal a crime
ii. To evade execution of a judgment
iii. To cause damage to public interest
2) Concealing true name
a. Offender conceals (dapat both):
i. True name
ii. All other personal circumstances
b. Purpose: Only to conceal his identity
ANTI-ALIAS LAW (C.A. No. 142, as amended)

- alias is a name or names use intended to be used by a person publicly and habitually,
usually in business transaction other than the name registered at birth for the first time
before the local civil registrar.

GR:

A person can only use his name that is registered at the office of civil registrar, in case of
Filipino locals AND name recorded in Bureau of Immigration, in case of aliens.

EXP:

Files the use of substitute name, then allowed by judicial or competent authority.
If he is an actor, athlete, writer of a book, pseudonym/pen name is allowed because it is a
normal practice

ELEMENT in C.A. No. 142:

1) There must be SHOWING of WANTING TO BE KNOWN by THAT NAME.

2) Done PUBLICLY not SECRETLY
3) HABITUALITY

NOT Example: Used a different name of Oscar Perez in the office of the Ombudsman as he was
trying to get a copy of the complaint filed against him. Held: There was no showing that
henceforth, he wanted to be called by the said name.

179: ILLEGAL USE OF UNIFORMS and INSIGNIA

The offender uses the insignia, uniform or dress of an office not held by him or a by a class of
person of which he is not a member and he used the same publicly and improperly.

Class of persons – refers to a dignified class of persons (NOT like prisoners wearing orange shirt
with a big letter P).
FALSE TESTIMONY

A. False testimony in criminal case:

1) False testimony against a defendant (180)

2) False testimony favorable to defendant (181)

B. False testimony in civil case:

180: FALSE TESTIMONY AGAINST A DEFENDANT

Offender-witness TESTIFIES FALSLY knowing its falsity in a CRIMINAL PROCEEDING AGAINST the
defendant who is either acquitted or convicted in FINAL JUDGMENT.

181: FALSE TESTIMONY FAVORABLE TO DEFENDANT

Offender-witness TESTIFIES FALSLY knowing its falsity in a CRIMINAL PROCEEDING IN FAVOR the
defendant who is either acquitted or convicted in FINAL JUDGMENT.

NOTE: Immaterial if the court considered the testimony or not, as long as they did it, 180 and
181 can be filed. Even if the court did not give any merit on the said false testimony. The crime
will arise the moment the said offender testified falsely in open court whether in favor or
against a defendant.

RULE when testified AGAINST:

FILING: If there is already conviction but the defendant appealed, he can NOT yet file false
testimony against the false witness. PREMATURE. No basis yet for penalty to impose upon the
false witness as the defendant is not yet given a penalty also.

EXAMPLE:

Defendant False witness

Capital punishment/death Reclusion temporal

Reclusion perpetua and reclusion temporal Prision mayor
Other afflictive penalty Prision correctional
Prision correctional, arresto mayor, fine/acquitted Arresto mayor
NOTE: if it is an acquittal, the case can be immediately filed because an acquittal is immediately
executory. You cannot appeal an acquittal. It is immediately executory.

RULE when testified IN FAVOR:

Defendant can immediately file against the false witness. The penalty of the false witness is not
dependent on the penalty to be imposed on the said accused or defendant.

182: FALSE WITNESS TESTIMONY IN CIVIL CASES

Offender-witness FALSELY testifies KNOWING its falsity in a CIVIL CASE RELATIVE or PERTINENT
to the ISSUE of the said case. Testimony is MALICIOUS and given with INTENT to AFFECT ISSUES
PRESENTED in the said case.

RULE when testified:

Right after the giving of the false testimony IN A LITIGATION (Sum of money, or breach of
contract), the false witness can be immediately prosecuted in court.

183: PERJURY

1) Choose:
a. Statement under oath – false testimony
b. Executes an affidavit on a material matter
2) Made or given before a COMPETENT or DULY AUTHORIZED officer to receive and
administer. (if not authorized, not a violation of the solemnity of the oath)
3) WILLFUL and DELIBERATE assertion of falsehood, NOT mere negligence (GOOD FAITH is
a defense)
4) Statement/affidavit is REQUIRED BY LAW.
NOTE:

FT v. P

False testimony/statement – false statement in JUDICIAL (either criminal or civil) PROCEEDING.

Perjury – false statement in non-judicial, administrative, or quasi-legislative proceedings. Before
the fiscal’s office, labor case, application for search warrant, or during the preliminary
investigation.

F v. P

Falsification – not required to be under oath. Example: false narration of facts in cedula/driver’s
license.
Perjury – required to be under oath. Example: False narration of facts in statement of assets,
liabilities, and net worth.

SUBORNATION OF PERJURY

- committed by a person who knowingly and willfully procures another to swear falsely
and the witness suborned does testify under the circumstances rendering him guilty of
perjury.

Article 183 in relation to Article 7, the crime is plain perjury but the one inducing another will
be liable as principal by inducement and the one who testified as principal by direct
participation. NOT EXPRESSLY PENALIZED BY THE RPC.

There is no such crime as subornation of perjury under the present RPC because we
already have Article 184.

184: OFFERING FALSE TESTIMONY IN EVIDENCE

Committed by any person who shall offer in evidence any:

1) false testimony or any false witness either in a
2) judicial proceeding or in any official proceeding.
3) Offender KNEW the witness or testimony was false.
 RESOLUTION
Art. 172. Falsification by private individual and use of falsified documents.

Based on the facts established, it is clear that all the elements of falsification defined and
penalized under Article 172 of the Revised Penal Code are present. Under Article 172, requisites
are as follows:

172 (1) – Falsification of public documents as done by private individuals.

1) The offender is a private person

2) The offender falsifies a public document
3) Falsification is through acts stated in Article 171.

For the 1st requisite:

The herein accused is a private person. Not embraced in the definition of public officers
under the revised penal code, which are agents, employees, and of the same kind as
provided in the law, appointed by persons in authority, or by election. None of the three
main accused named, Timbang, Valera, and Carreon were in the discharge of public
functions.

For the 2nd requisite:

As mentioned in the case, “The signatures of Capt. Halagueña matched the identification
cards he presented particularly his Philippine Driver’s License and Postal ID”. This shows
that as alleged by the complainant, the accused falsify such driver’s license and postal ID in
order to consummate the transaction of deed of sale and chattel mortgage with the victim
Elias.

The driver's license and postal ID being public documents, proof of the fourth element of
damage caused to another person or at least intent to cause such damage has become
immaterial. In falsification of public or official documents, the principal thing being punished
is the violation of the public faith and the destruction of the truth proclaimed therein.

For the 3rd requisite:

Article 172 (1) of the Revised Penal Code which punishes any private individual who shall
commit any the falsification enumerated in Article 171 specifically paragraph 2 thereof
which penalizes the act of causing it to appear that persons (public officials) have
participated in any act proceeding when they did not in fact so participate.
 - Article 171 (2) Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate
In this case, the accused particularly Timbang, made it appear as if Antonio P. Halagueña
participated in the transaction, when in fact, he did not do so. Hence, this instance falls
under the 2nd paragraph of Article 171 of the revised penal code.

172 (2) – Falsification of private documents as done by private individuals.

1) The offender is private person

2) The offender falsifies a private document
3) Falsification is through acts stated in Article 171.
4) There is damage caused or intent to cause damage

For the 1st requisite:

Based on the first requisite, the offender/accused is a private individual not embraced as
public officer as defined in the Revised Penal Code. In the case herein, Timbang, Valera, and
Carreon are private individuals as they are not, by direct provision of law, popular election
or appointment by competent authority employees, agents, or subordinate official of any
rank or class doing public functions in the government of the Philippines.

For the 2nd requisite:

The offenders falsify private documents. In this case, the documents that were falsified are
Chattel Mortgage Contract, Deed of Sale and Acknowledgment Receipt. These are private
documents as they are documents, deeds or instruments executed by private persons
without the intervention of the notary public of any other person legally authorized, by
which document some disposition or agreement is proved, evidenced or set forth. In the
case herein, there was no mention that these documents were already notarized. Hence,
they shall be considered as private documents. The deeds executed herein are binding
between parties but not enforceable when presented in Court to register the same. They
are not yet binding against the whole world.

For the 3rd requisite:

Falsification was committed in this case. As defined, to amount to falsification, there must
be a writing that is falsified, capable of making rights and/or extinguishing an obligation.
Therefore, it must be complete in itself so that it would be sufficient in evidence. In this
case, there is a Chattel Mortgage Contract, Deed of Sale and Acknowledgment Receipt
capable of making rights and/or extinguishing an obligation.

- Article 171 (1) By counterfeiting or imitating any handwriting, signature or rubric.

 This was shown in the narration of facts. Accordingly: The “signatures” of Capt. Halagueña
(TImbang) matched the identification cards he presented particularly his Philippine Driver’s
License and Postal ID. This was when Chattel Mortgage and Deed of Sale were materialized
and signed by Elias and the accused.

For the 4th requisite:

It requires that there be damage or at least an intent to cause damage. In this case,
however, it shall still be proved.

The act of the accused clearly shows that he is liable for Falsification of Public and Private
Documents under Article 172 of the Revised Penal Code.

Conclusion
In view of the foregoing, probable cause exists that would warrant the indictment of the
accused for falsification under Article 172, paragraphs 1 and 2 of the Revised Penal Code

Let the corresponding information be filed in court.