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TITLE ONE
I. CRIMES AGAINST NATIONAL SECURITY

Article 114


ELEMENTS OF TREASON:

1.

That the offender owes allegiance to the Government of the Philippines

2.

That there is a war in which the Philippines is involved

3.

That the offender either –

4.

Levies war against the government,

1.

breech of allegiance

2.

actual assembling of men

3.

for the purpose of executing a reasonable design

4.

breech of allegiance

5.

adherence

6.

giving aid or comfort to the enemy

5.

Adheres to the enemies, giving them aid and comfort



Ways of proving treason:

1.

2 witnesses testifying to same overt act

Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to convict yet. Y
later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because the
law requires that 2 witnesses see the SAME OVERT ACT.
2.

Confession of the accused in open court. Arraignment, pre-trial, trial – OK.

1.

If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the
particular acts constituting treason.

2.

During trial, simply saying “I’m guilty” is not enough.

3.

Withdrawing plea of “not guilty” during arraignment not necessary

4.

If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of
affidavit during trial, even if assisted by counsel is not enough.



Treason: breach of allegiance to the government, committed by a person who owes allegiance to it.
Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending on whether the
person is a citizen or an alien.



Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are,
therefore, not aggravating.



Treason cannot be committed in times of peace, only in times of war – actual hostilities. But no need for
declaration of war



Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable
design by force (deliver the country in whole or in part to the enemy)

·

Not Treasonous:
1.

Acceptance of public office and discharge of official duties under the enemy does not constitute per se the
felony of treason (exception: when it is policy determining)

2.

Serving in a puppet government (ministerial functions) and in order to serve the populace is NOT
treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on Filipinos; c) it is
disadvantageous to them.

3.

Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials – not treason

4.

Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the
Philippines.

5.

Only Filipino citizens or permanent resident aliens can be held liable

6.

Alien: with permanent resident status from the BID – it is neither the length of stay in the Philippines nor the
marriage with a Filipino that matters.

·

On Citizenship


Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused



Actual hostilities may determine the date of the commencement of war



No such thing as attempted treason; mere attempt consummates the crime



Giving aid or comfort – material element, enhances forces of the enemy country. Acts which strengthen or
tend to strengthen the enemy in the conduct of war against the traitor’s country or that which weaken and
tend to weaken the power of the same.

Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily “giving aid and
comfort.”


Adherence and giving aid or comfort must concur together. Adherence: when a citizen intellectually or
emotionally favors the enemy and harbors convictions disloyal to his country’s policy. But membership in the
police force during the occupation is NOT treason.

Example: Giving information to, or commandeering foodstuffs for the enemy.


Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the
circumstances surrounding the act.



Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.



If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use Art.12.
No treason through negligence



When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1)
separate crimes or (2) as complex with treason.

Article 115
CONSPIRACY TO COMMIT TREASON


ELEMENTS:

1.

In time of war

2.

2 or more persons come to an agreement to

1. levy war against the government, or
2. adhere to the enemies and to give them aid or comfort,
1.

They decide to commit it



ELEMENTS OF PROPOSAL TO COMMIT TREASON

1.

In time of war

2.

A person who has decided to levy war against the government, or to adhere to the enemies and to give them
aid or comfort, proposes its execution to some other person/s.



Mere agreement and decisions to commit treason is punishable



Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy.

Article 116
MISPRISION OF TREASON


ELEMENTS:

1.

That the offender must be owing allegiance to the government, and not a foreigner

2.

That he has knowledge of any conspiracy (to commit treason) against the government

3.

That he conceals or does not disclose and make known the same as soon as possible to the governor or
fiscal of the province or the mayor or fiscal of the city in which he resides



Offender is punished as an accessory to the crime of treason



This crime does not apply if the crime of treason is already committed



Crime of omission



“To report within a reasonable time” – depends on time, place and circumstance – the RPC did not fix time.



RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP
Director? Judge Pimentel says any gov’t official of the DILG is OK.

Article 117
Espionage by entering, without authority therefor, warship, fort, or naval or military establishments or
reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the
defense of the Philippines.


ELEMENTS:

1.

1. That the offender enters any of the places mentioned therein

1.
2.

2. That he has no authority therefore;
That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to
the defense of the Philippines

Espionage by disclosing to the representative of a foreign nation the contents of the articles, data, or information
referred to in paragraph 1 of Article 117, which he had in his possession by reason of the public office holds
1.

ELEMENTS: That the offender is a public officer

2.

That he has in his possession the articles, data or information referred to in par 1 of art 117, by reason of the
public office he holds

3.

That he discloses their contents to a representative of a foreign nation



Purpose: to gather data



Espionage: the offense of gathering, transmitting, or losing information respecting the national defense with
the intent or reason to believe that the information is to be used to the injury of the Philippines or the
advantage of any foreign nation. It is not conditioned on citizenship.



Not necessary that Philippines is at war with the country to which the information was revealed. What is
important is that the information related is connected with the defense system of the Philippines.



Wiretapping is NOT espionage if the purpose is not something connected with the defense



See CA 616
II. CRIMES AGAINST LAWS OF NATIONS

Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS


ELEMENTS:

1.

That the offender performs unlawful or unauthorized acts

2.

That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose
Filipino citizens to reprisals on their persons or property



Crime is committed in time of peace, intent is immaterial



Inciting to war – offender is any person



Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their
country. Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal.

Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
1.

That there is war in which the Philippines is not involved

2.

That there is a regulation issued by competent authority for the purpose of enforcing neutrality

3.

That the offender violates such regulation



Gov’t must have declared the neutrality of the Phil in a war between 2 other countries



It is neutrality of the Phil that is violated



Congress has the right to declare neutrality

Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1.

That it is in time of war in which the Philippines is involved

2.

That the offender makes correspondence with an enemy country or territory occupied by enemy troops

3.

That the correspondence is either –



1.

prohibited by the government, or

2.

carried on in ciphers or conventional signs, or

3.

containing notice or information which might be useful to the enemy

Circumstances qualifying the offense:

a. notice or information might be useful to the enemy
b. offender intended to aid the enemy


Hostile country exist only during hostilities or after the declaration of war



Correspondence to enemy country – correspondence to officials of enemy country – even if related to you.



It is not correspondence with private individual in enemy country



If ciphers were used, no need for prohibition



If ciphers were not used, there is a need for prohibition



In any case, it must be correspondence with the enemy country



Doesn’t matter if correspondence contains innocent matters – if prohibited, punishable

Article 121
FLIGHT TO ENEMY’S COUNTRY



ELEMENTS

1.

That there is a war in which the Philippines is involved

2.

That the offender (Filipino or resident alien) must be owing allegiance to the government

3.

That the offender attempts to flee or go to enemy country

4.

That going to enemy country is prohibited by competent authority



Mere attempt consummates the crime



There must be a prohibition. If none, even if went to enemy country – no violation



Alien resident may be guilty here.

Article 122
PIRACY


2 Ways of Committing Piracy

1.

By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)

2.

By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its
complement or passengers



Elements:

1.

That a vessel is on the high seas/Philippine waters

2.

That the offenders are not members of its complement or passengers of the vessel

3.

That the offenders –
1.

attack or seize that vessel or (hence, if committed by crew or passengers, the crime is not piracy
but robbery in the high seas)

2.

seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its
complement or passengers



High seas: any waters on the sea coast which are without the boundaries of the low water mark although
such waters may be in the jurisdictional limits of a foreign gov’t



PD 532 has been already repealed



Piracy in high seas – jurisdiction is with any court where offenders are found or arrested



Piracy in internal waters – jurisdiction is only with Philippine courts



For purpose of Anti-Fencing Law, piracy is part of robbery and theft

Piracy

Mutiny

Robbery or forcible degradation on the high
seas, without lawful authority and done with
animo furandi and in the spirit and intention of
universal hostility.

Unlawful resistance to a superior officer, or the
raising of commotion and disturbances on board a
ship against the authority of its commander

Intent to gain is an element.
Attack from outside. Offenders are strangers
to the vessel. (this is the standing rule with the
repeal of PD 532 which made it possible for
any person to commit piracy including a
passenger or complement of the vessel).

Attack from the inside.

Article 123
QUALIFIED PIRACY


CIRCUMSTANCES:

1.

Whenever they have seized a vessel by boarding or firing upon the same

2.

Whenever the pirates have abandoned their victims without means of saving themselves

3.

Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. (the above may result
to qualified mutiny)



Parricide/infanticide should be included (Judge Pimentel)



Note the new rape law. Death is imposed in certain types of rape



There is a conflict between this provision and the provision on rape. Ex. If rape is committed on someone
below 7 – death under the new rape law. But if rape committed on someone below 7 during the time of piracy
– RP to death. Irreconcilable.



Murder/rape/homicide/physical injuries must have been committed on the passengers or complement

TITLE TWO

I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Classes of Arbitrary Detention:
1.

By detaining a person without legal ground

2.

Delay in the delivery of detained persons to the proper judicial authorities

3.

Delaying release

Article 124
ARBITRARY DETENTION


ELEMENTS:

1.

That the offender is a public officer or employee (whose official duties include the authority to make an arrest
and detain persons; jurisdiction to maintain peace and order).

2.

That he detains a person (actual restraint).

3.

That the detention was without legal grounds (cannot be committed if with warrant).



Detention: when a person is placed in confinement or there is a restraint on his person.



Though the elements specify that the offender be a public officer or employee, private individuals who
conspire with public officers can also be liable.



Legal grounds for the detention of any person:



Without legal grounds:



Know grounds for warrantless arrest:



For escaped prisoner – no need for warrant



Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)



Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X voluntarily admitted to the
officers that he did it although he was not asked. X was detained immediately. According to the SC, there was
NO arbitrary detention. Why? Because once X made a confession, the officers had a right to arrest him.



Continuing crime is different from a continuous crime



Ramos v. Enrile: Rebels later on retire. According to the SC, once you have committed rebellion and have
not been punished or amnestied, then the rebels continue to engage in rebellion, unless the rebels renounce
his affiliation. Arrest can be made without a warrant because this is a continuing crime.

1.

commission of a crime

2.

violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

1.

he has not committed any crime or no reasonable ground of suspicion that he has committed a crime

2.

not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital

1.

Crime is about to be, is being, has been committed

2.

Officer must have reasonable knowledge that the person probably committed the crime

Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS


ELEMENTS:

1.

That the offender is a public officer or employee

2.

That he has detained a person for some legal grounds

3.

That he fails to deliver such person to the proper judicial authority within:

1.

12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent

2.

18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or

3.

36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent



Really means delay in filing necessary information or charging of person detained in court. May be waived if
a preliminary investigation is asked for.



Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty complied
with upon the filing of the complaint with the judicial authority (courts, prosecutors – though technically not a
judicial authority, for purposes of this article, he’s considered as one.)



The filing of the information in court does not cure illegality of detention. Neither does it affect the legality of
the confinement under process issued by the court.



To escape from this, officers usually ask accused to execute a waiver which should be under oath and with
assistance of counsel. Such waiver is not violative of the accused constitutional right.



What is length of waiver? Light offense – 5 days. Serious and less serious offenses – 7 to 10 days. (Judge
Pimentel)



Article does not apply when arrest is via a warrant of arrest



If offender is a private person, crime is illegal detention
Arbitrary Detention (124)

Detention is illegal from the beginning.

Delay in Delivery of Detained (125)
Detention is legal in the beginning, but illegality starts
from the expiration of the specified periods without the
persons detained having been delivered to the proper
judicial authority.

Article 126
DELAYING RELEASE
ELEMENTS:
1.

That the offender is a public officer or employee

2.

That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such person

3.

That the offender without good reason delays:

1.

the service of the notice of such order to the prisoner, or

2.

the performance of such judicial or executive order for the release of the prisoner, or

3.

the proceedings upon a petition for the release of such person



Three acts are punishable:



Wardens and jailers are the persons most likely to violate this provision



Provision does not include legislation

1.

delaying the performance of a judicial or executive order for the release of a prisoner

2.

delaying the service of notice of such order to said prisoner

3.

delaying the proceedings upon any petition for the liberation of such person

Article 127
EXPULSION
ELEMENTS:
1.

That the offender is a public officer or employee

2.

That he expels any person from the Philippines, or compels a person to change his residence

3.

That the offender is not authorized to do so by law



2 acts punishable:

1.

by expelling a person from the Philippines

2.

by compelling a person to change his residence

(The crime of expulsion absorbs that of grave coercion. If done by a private person, will amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes’ case


Does not include undesirable aliens; destierro; or when sent to prison



If X (Filipino) after he voluntarily left, is refused re-entry – is considered forcing him to change his address
here



Threat to national security is not a ground to expel or change his address.

Article 128
VIOLATION OF DOMICILE
ELEMENTS:
1.

That the offender is a public officer or employee

2.

That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers
or other effects

3.

That he commits any of the following acts:
1.

entering any dwelling against the will of the owner thereof

2.

searching papers or other effects found therein without the previous consent of such owner

3.

refusing to leave the premises, after having surreptitiously entered said dwelling and after having
been required to leave the same



Aggravating Circumstance (medium and maximum of penalty imposed):



If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime
committed is trespass to dwelling (Art 280)



When a public officer searched a person “outside his dwelling” without a search warrant and such person is
not legally arrested for an offense, the crime committed by the public officer is grave coercion, if violence or
intimidation is used (Art 286), or unjust vexation, if there is no violence or intimidation (Art 287)



A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner, even
if he knew that someone in that dwelling is having unlawful possession of opium



3 acts punishable:



“Being authorized by law” – means with search warrant, save himself or do some things good for humanity



There must be expression that entry is denied or that he is asked to leave



Papers and effects need not be part of a crime.

1.

offense committed at nighttime

2.

papers or effects not constituting evidence of a crime be not returned immediately

1.

person enters dwelling w/o consent or against the will

2.

person enters and searches for papers and effects

3.

person entered secretly and refuses to leave after being asked to

Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
1.

That the offender is a public officer or employee

2.

That he procures a search warrant

3.

That there is no just cause

ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING UNNECESSARY SEVERITY
IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED
ELEMENTS:
1.

That the offender is a public officer or employee

2.

That he has legally procured a search warrant

3.

That he exceeds his authority or uses unnecessary severity in executing the same



Search warrant is valid for 10 days from its date



Search warrant is an order in writing issued in the name of the People, signed by the judge and directed to a
public officer, commanding him to search for personal property described therein and bring it before the court



No just cause – warrant is unjustified



Search – limited to what is described in the warrant, all details must be with particularity



Malicious warrant. Example. X was a respondent of a search warrant for illegal possession of firearms. A
return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun
in that place.



Abuse examples:

1.

X owner was handcuffed while search was going-on.

2.

Tank was used to ram gate prior to announcement that a search will be made

3.

Persons who were not respondents were searched

Article 130


ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:

1.

That the offender is a public officer or employee

2.

That he is armed with a search warrant legally procured

3.

That he searches the domicile, papers or other belongings of any person

4.

That the owner, or any member of his family, or two witnesses residing in the same locality are not present



Order of those who must witness the search:



Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is
pending. Latter is preferred for objective determination.

1.

Homeowner

2.

Members of the family of sufficient age and discretion

3.

Responsible members of the community (can’t be influenced by the searching party)

Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS


ELEMENTS:

1.

Offender is a public officer or employee

2.

He performs any of the ff. acts:

1.

prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same
(e.g. denial of permit in arbitrary manner).

2.

hindering any person from joining any lawful association or from attending any of its meetings



prohibiting or hindering any person from addressing, either alone or together with others, any petition to the
authorities for the correction of abuses or redress of grievances



If the offender is a private individual, the crime is disturbance of public order (Art 153)



Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or interrupting that meeting



Meeting is subject to regulation



Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, it’s unjust vexation



Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the
legislative body, not punishable under this article



The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should
touch on politics may be stopped



But stopping the speaker who was attacking certain churches in public meeting is a violation of this article



Prohibition must be without lawful cause or without lawful authority



Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires permits
for meetings in public places. But if police stops a meeting in a private place because there’s no permit, officer
is liable for stopping the meeting.

Article 132
INTERRUPTION OF RELIGIOUS WORSHIP


ELEMENTS:

1.

That the officer is a public officer or employee

2.

That religious ceremonies or manifestations of any religion are about to take place or are going on

3.

That the offender prevents or disturbs the same



Circumstance qualifying the offense: if committed with violence or threats



Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of
religion, but only a meeting of a religious sect. But if done in a private home, it’s a religious service



Religious Worship: people in the act of performing religious rites for a religious ceremony; a manifestation of
religion. Ex. Mass, baptism, marriage



X, a private person, boxed a priest while the priest was giving homily and while the latter was maligning a
relative of X. Is X liable? X may be liable under Art 133 because X is a private person.



When priest is solemnizing marriage, he is a person in authority, although in other cases, he’s not.

Article 133
OFFENDING RELIGIOUS FEELINGS


ELEMENTS:

1.

That the acts complained of were performed –

1.

in a place devoted to religious feelings, or (for this element, no need of religious ceremony, only the place is
material)

2.

during the celebration of any religious ceremony

2.

That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the
feelings)

3.

The offender is any person

4.

There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet



If in a place devoted to religious purpose, there is no need for an ongoing religious ceremony



Example of religious ceremony (acts performed outside the church). Processions and special prayers for
burying dead persons but NOT prayer rallies



Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or
scoffing or attempting to damage an object of religious veneration



There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness is not
enough.
CRIME

Prohibition,
Interruption and
Dissolution of
Peaceful Meeting
(131)

Nature of Crime

Crime against the
fundamental law of
the state

Who are Liable

Public officers,
Outsiders

If Element Missing

If not by public officer =
tumults
If by insider = unjust vexation
If not religious = tumult or
alarms

Interruption of
Religious Worship
(132)

Crime against the
fundamental law of
the state

If not notoriously offensive =
Public officers,
Outsiders

unjust vexation

If not tumults = alarms and
scandal

Offending the
Religious Feeling
(133)

Crime against public
order

Public officers,
private persons,
outsiders

If meeting illegal at onset =
inciting to sedition or rebellion

TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER
Article 134

REBELLION OR INSURRECTION


ELEMENTS:

1.

That there be –

1.

public uprising and

2.

taking arms against the government (force/violence)

2.

That the purpose of the uprising or movement is either

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

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

ii. any body of land, naval or other armed forces, or
2 To deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives


Persons liable for rebellion

1.

Any person who:

1. promotes
2. maintains, or
3. heads a rebellion or insurrection; or
2.

Any person who, while holding any public office or employment, takes part therein by:

1.

engaging in war against the forces of the government

2.

destroying property or committing serious violence

3.

exacting contributions or diverting public funds from the lawful purpose for which they have been
appropriated (Note: “diverting public funds” is malversation absorbed in rebellion);

4.

Any person merely participating or executing the command of others in rebellion



Success is immaterial, purpose is always political



Rebellion used where the object of the movement is completely to overthrow and supersede the existing
government



Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent
the exercise of gov’t authority w/ respect to particular matters or subjects



Actual clash of arms w/ the forces of the gov’t, not necessary to convict the accused who is in conspiracy w/
others actually taking arms against the gov’t



Purpose of the uprising must be shown but it is not necessary that it be accomplished



A change of government w/o external participation



RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual participation. If there is no
public uprising, the crime is of direct assault.



Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation,
there must be ACTUAL participation



Not necessary that there is killing, mere threat of removing Phil is sufficient



Rebellion cannot be complexed with any other crime. However, illegal possession of firearms in furtherance
of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime such along with the
crime of conspiracy or proposal to commit such



A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal
association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed



If killing, robbing were done for private purposes or for profit, without any political motivation, the crime
would be separately be punished and would not be embraced by rebellion (People v. Fernando)



Read People v. Hernandez and Enrile v. Salazar



Person deemed leader of rebellion in case he is unknown:



Any person who in fact:

1.

directed the others

2.

spoke for them

3.

signed receipts and other documents issued in their name

4.

performed similar acts on behalf of the rebels

Article 134-A
COUP D E’TAT


ELEMENTS:

1.

Swift attack

2.

Accompanied by violence, intimidation, threat, strategy or stealth

3.

Directed against:

4.

duly constituted authorities

5.

any military camp or installation

6.

communication networks or public utilities
1.

7.

other facilities needed for the exercise and continued possession of power

Singly or simultaneously carried out anywhere in the Philippines
1.

Committed by any person or persons belonging to the military or police or holding any public office
or employment; with or without civilian support or participation

8.

With or without civilian support or participation

9.

Purpose of seizing or diminishing state power



Crime may be committed by a single person, any government employee and even by civilian



Taking up of arms not even necessary, what is important is violence, threat, intimidation, strategy or stealth

Nature of
Crime

Treason (114)

Rebellion (134)

Coup d’etat
(134-A)

Sedition (139)

Crime against
National Security

Crime against
Public Order

Crime against
Public Order

Crime against Public
Order

levying war against
the gov’t;
Public uprising
OR
AND
giving aid or

Taking up arms

comfort to enemies

against the gov’t

See article.

Rising publicly or
tumultuously (caused
by more than 3 armed
men or provided with
means of violence)

See article.

Seizing or
diminishing
state power.

See enumeration in
article.

adherence and

Overt
Acts
Purpose
of
objective

Deliver the gov’t to
enemy during war

Article 135
Penalties


Who are liable?

1.

Any person who:

1.

Promotes

2.

Maintains

3.

heads a rebellion or insurrection

4.

engaging in war against the forces of the gov’t

5.

destroying property or committing serious violence

6.

exacting contributions or diverting public funds from the lawful purpose for which they have been
appropriated

2.

Any person who, while holding any public office or employment, takes part therein

3.

Any person merely participating or executing the command of other in a rebellion.

In Government Service

Anyone who leads, directs, commands others to
undertake a coup.


Not in Government Service

Anyone who participates or in an manner, supports,
finances, abets, aids in a coup.

Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to hostilities
against the armed force.



Diverting public funds is malversation absorbed in rebellion

1.

Public officer must take active part because mere silence or omission not punishable in rebellion

2.

It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never
recognized the government

3.

Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the
movement to overthrow the government

4.

Killing, robbing etc for private persons or for profit, without any political motivation, would be separately
punished and would not be absorbed in the rebellion.

Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION


ELEMENTS:

1.

2 more persons come to an agreement to rise publicly and take arms against the government

2.

For any of the purposes of rebellion

3.

They decide to commit it

PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)


ELEMENTS:



Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show
conspiracy to overthrow the gov’t



The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of
conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t



Conspiracy must be immediately prior to rebellion



If it is during the rebellion, then it is already taking part in it.

1.

A person who has decided to rise publicly and take arms the government

2.

For any of the purposes of rebellion

3.

Proposes its execution to some other person/s

Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES


ELEMENTS:



Presupposes existence of rebellion



Must not be in conspiracy with rebels or coup plotters



If there are means to prevent the rebellion but did not resist it, then there’s disloyalty. If there are no means,
no fault



If position is accepted in order to protect the people, not covered by this



The collaborator must not have tried to impose the wishes of the rebels of the people.

1.

Failing to resist rebellion by all the means in their power

2.

Continuing to discharge the duties of their offices under the control of rebels

3.

Accepting appointment to office under rebels

Article 138

INCITING TO REBELLION OR INSURRECTION


ELEMENTS:

1.

That the offender does not take arms or is not in open hostility against the government

2.

That he incites others to the execution of any of the acts of rebellion

3.

That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end



Intentionally calculated to seduce others to rebellion



There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134

Proposal to Commit Rebellion (136)

Inciting to Rebellion (138)

The person who proposes has decided to commit
rebellion.

Not required that the offender has decided to
commit rebellion.

The person who proposes the execution of the
crime uses secret means.

The inciting is done publicly.

Article 139
SEDITION


ELEMENTS:

1.

That the offenders rise –

1.

Publicly (if no public uprising = tumult and other disturbance of public order)

2.

Tumultuously (vis-à-vis rebellion where there must be a taking of arms)

3.

to prevent the promulgation or execution of any law or the holding of any popular election

4.

to prevent the national government, or any provincial or municipal government, or any public thereof from
freely exercising its or his functions, or prevent the execution of any administrative order

5.

to inflict any act or hate or revenge upon the person or property of any public officer or employee

6.

to commit for any political or social end, any act of hate or revenge against private persons or any social
class (hence, even private persons may be offended parties)

7.

to despoil, for any political or social end, any person, municipality or province, or the national government of
all its property or any part thereof

2.

That they employ force, intimidation, or other means outside of legal methods

3.

That the offenders employ any of those means to attain any of the following objects:



Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public
peace or at least such measures that evidently engenders it.



Difference from rebellion – object or purpose of the surprising. For sedition – sufficient that uprising is
tumultuous. In rebellion – there must be taking up of arms against the government.



Sedition – purpose may be either political or social. In rebellion – always political



Tumultuous – caused by more than 3 persons who are armed or provided with means of violence



Preventing public officers from freely exercising their functions



In sedition – offender may be a private or public person (Ex. Soldier)



Public uprising and the object of sedition must concur



Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes committed in that case
were independent of each other.



Preventing election through legal means – NOT sedition



But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition



Persons liable for sedition:

1.

leader of the sedition, and

2.

other persons participating in the sedition

Article 142
INCITING TO SEDITION


ELEMENTS:

1.

That the offender does not take a direct part in the crime of sedition

2.

That he incites others to the accomplishment of any of the acts which constitute sedition (134)

3.

That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or
other representations tending to the same end (purpose: cause commotion not exactly against the
government; actual disturbance not necessary)



Different acts of inciting to sedition:



When punishable:

1.

Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches,
proclamations, writings, emblems etc.

2.

Uttering seditious words or speeches which tend to disturb the public peace or writing, publishing, or
circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted
authorities thereof, which tend to disturb the public peace

3.

Knowingly concealing such evil practices

1.

when they tend to disturb or obstruct any lawful officer in executing the functions of his office; or

2.

when they tend to instigate others to cabal and meet together for unlawful purposes

3.

when they suggest or incite rebellious conspiracies or riots; or

4.

when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the
community, the safety and order of the government

II. CRIMES AGAINST POPULAR REPRESENTATION

Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES


ELEMENTS:

1.

That there be a projected or actual meeting of Congress or any of its committees or subcommittees,
constitutional commissions or committees or division thereof, or of any provincial board or city or municipal
council or board

2.

That the offender who may be any persons prevents such meeting by force or fraud



Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143,
when the defect of the meeting is not manifest and requires an investigation before its existence can be
determined.

Article 144
DISTURBANCE OF PROCEEDINGS


ELEMENTS:

1.

That there be a meeting of Congress or any of its committees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board

2.

That the offender does any of the following acts
1.

he disturbs any of such meetings

2.

he behaves while in the presence of any such bodies in such a manner as to interrupt its
proceedings or to impair the respect due it



Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt.

Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY


Acts punishable:

1.

By using force, intimidation, threats, or frauds to prevent any member of Congress from –

1.

attending the meeting of the assembly or any of its committees, constitutional commissions or committees or
divisions thereof, or from

2.

expressing his opinions or

3.

casting his vote

2.

By arresting or searching any member thereof while Congress is in a regular or special session, except in
case such member has committed a crime punishable under the code by a penalty higher than prision mayor

Elements:
1.

That the offender is a public officer or employee

2.

That he arrests or searches any member of Congress

3.

That Congress, at the time of arrest or search, is in a regular or special session

4.

That the member searched has not committed a crime punishable under the code by a penalty higher than
prision mayor (1987 constitution: privilege from arrest while congress in session in all offenses punishable by
not more than 6 years imprisonment).



Article partly inoperative because of the 1987 Constitution

III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146
ILLEGAL ASSEMBLIES


Two (2) Types of illegal assemblies:

a. Meeting of the first form
1.

Meeting, gathering or group of persons whether in a fixed place or moving

2.

purpose : to commit any of crimes punishable under the code

3.

meeting attended by armed persons

b. Meeting of the second form
1.

Meeting, gathering or group of persons whether in a fixed place or moving

2.

Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.



Not all the persons present at the meeting of the first form of illegal assembly must be armed



Persons liable for illegal assembly



Responsibility of persons merely present at the meeting



Presumptions if person present at the meeting carries an unlicensed firearm:

1.

the organizers or leaders of the meeting

2.

persons merely present at the meeting (except when presence is out of curiosity – not liable)

1.

if they are not armed, penalty is arresto mayor

2.

if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional

1.

purpose of the meeting is to commit acts punishable under the RPC

2.

considered as leader or organizer of the meeting

Article 147
ILLEGAL ASSOCIATIONS


ELEMENTS:



Persons liable:

1.

Organized totally or partially for the purpose of committing any of the crimes in RPC

2.

Or for some purpose contrary to public morals

1.

founders, directors and president of the association

2.

mere members of the association

Illegal Assembly (146)

Illegal Association (147)

Must be an actual meeting of armed persons to
commit any of the crimes punishable under the
RPC, or of individuals who, although not armed,
are incited to the commission of treason, rebellion,
sedition or assault upon a person in authority of his
agent.

No need for such

It is the meeting and the attendance at such that
are punished

Act of forming or organizing and membership
in the association

Persons liable: leaders and those present

Founders, directors, president and members

IV. ASSAULT, RESISTANCE AND DISOBEDIENCE

Article 148
DIRECT ASSAULT


ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT

1.

That the offender employs force or intimidation.

2.

That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of
the crimes of sedition. (victim need not be person in authority)

3.

That there is no public uprising.



ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:

1.

That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a
serious resistance.

2.

That the person assaulted is a person in authority or his agent.

3.

That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance
of official duties (motive is not essential), or that he is assaulted (b) by reason of the past performance of
official duties (motive is essential).

4.

That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of
his duties (with intention to offend, injure or assault).

5.

That there is no public uprising.



Always complexed with the material consequence of the act (e.g. direct assault with murder) except if
resulting in a light felony, in which case, the consequence is absorbed



Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person
in authority, the force employed must be of serious character



The force employed need not be serious when the offended party is a person in authority (ex. Laying of
hands)



The intimidation or resistance must be serious whether the offended party is an agent only or a person in
authority (ex. Pointing a gun)

Person in Authority

Agent

Force Employed

Intimidation/Resistance

Need not be serious

Serious

Must be of serious character

Serious



Person in authority: any person directly vested with jurisdiction (power or authority to govern and execute
the laws) whether as an individual or as a member of some court or governmental corporation, board or
commission



A barangay captain is a person in authority, so is a Division Superintendent of schools, President of Sanitary
Division and a teacher



Agent: is one who, by direct provision of law or by election or by appointment by competent authority, is
charged with the maintenance of public order and the protection and security of life and property. (Example.
Barrio councilman and any person who comes to the aid of the person in authority, policeman, municipal
treasurer, postmaster, sheriff, agents of the BIR, Malacañang confidential agent)



Even when the person in authority or the agent agrees to fight, still direct assault.



When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself
and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate selfdefense



There can be no assault upon or disobedience to one authority by another when they both contend that they
were in the exercise of their respective duties.



When assault is made by reason of the performance of his duty there is no need for actual performance of
his official duty when attacked



Circumstances qualifying the offense (Qualified Assault):



Complex crime of direct assault with homicide or murder, or with serious physical injuries.



Direct assault cannot be committed during rebellion.

1.

when the assault is committed with a weapon

2.

when the offender is a public officer or employee

3.

when the offender lays hand upon a person in authority

Article 149
INDIRECT ASSAULT


ELEMENTS:

1.

That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. 148.

2.

That a person comes to the aid of such authority or his agent.

3.

That the offender makes use of force or intimidation upon such person coming to the aid of the authority or
his agent.



Indirect assault can be committed only when a direct assault is also committed



To be indirect assault, the person who should be aided is the agent (not the person in authority because it is
already direct assault, the person coming to the aid of the person in authority being considered as an agent
and an attack on the latter is already direct assault). Example. Aiding a policeman under attack.

Article 150
DISOBEDIENCE TO SUMMONS


Acts punishable:

1.

refusing without legal excuse to obey summons

2.

refusing to be sworn or placed under affirmation

3.

refusing to answer any legal inquiry to produce books, records etc.

4.

restraining another from attending as witness in such body

5.

inducing disobedience to a summons or refusal to be sworn

Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. 1)


ELEMENTS:

1.

That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order
to the offender.

2.

That the offender resists or seriously disobeys such person in authority or his agent.

3.

That the act of the offender is not included in the provisions of arts. 148, 149 and 150.

SIMPLE DISOBEDIENCE (par. 2)


ELEMENTS:

1.

That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to
the offender.

2.

That the offender disobeys such agent of a person in authority.

3.

That such disobedience is not of a serious nature.

Resistant and Disobedience to a Person in
Direct Assault (148)

Authority or Agents of such Person (151)

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

PIA or his agent must be in the actual performance
of his duties.

Direct assault is committed in 4 ways – by

Committed by resisting or seriously disobeying a PIA

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

or his agent.

Use of force against an agent of PIA must be
serious and deliberate.

Use of force against an agent of a PIA is not so
serious; no manifest intention to defy the law and the
officers enforcing it.

Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:


Persons in Authority – any person directly vested with jurisdiction, whether as an individual or as a member
of some court or governmental corporation, board or commission.

1.

Barangay captain

2.

Barangay chairman

3.

Teachers

4.

Professors

5.

Persons charged with the supervision of public or duly recognized private schools, colleges and universities

6.

Lawyers in the actual performance of their professional duties or on the occasion of such performance



Agent of Person in Authority – any person who, by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the protection and security of life
and property.

1.

Barrio councilman

2.

Barrio policeman

3.

Barangay leader

4.

Any person who comes to the aid of persons in authority



Section 388 of the Local Gov’t Code provides that “for purposes of the RPC, the punong barangay,
sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be
deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be
designated by law or ordinance and charged with the maintenance of public order, protection and the security
of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who
comes to the aid of persons in authority shall be deemed AGENT of persons in authority.

V. CRIMES AGAINST PUBLIC DISORDERS

Article 153


TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:

1.

Causing any serious disturbance in a public place, office or establishment

2.

Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not
included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship).

3.

Making any outcry tending to incite rebellion or sedition in any meeting, association or public place

4.

Displaying placards or emblems which provoke a disturbance of public order in such place

5.

Burying with pomp the body of a person who has been legally executed.



If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or
if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes
the same acts if committed by public officers who are NOT participants in the meeting



The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious
in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting
to rebellion or sedition.



Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence
(circumstance qualifying the disturbance/interruption) – “tumultuous in character”

Article 154


TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES:

1.

Publishing or causing to be published, by means of printing, lithography or any other means of publication as
news any false news which may endanger the public order, or cause damage to the interest or credit of the
State.

2.

Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling
any act punished by law, by the same means or by words, utterances or speeches

3.

Maliciously publishing or causing to be published any official resolution or document without proper
authority, or before they have been published officially

4.

Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do
not bear the real printer’s name or which are classified as anonymous.

Article 155


TYPES OF ALARMS AND SCANDALS:

1.

Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to
cause alarm or danger

2.

Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial
to public tranquility

3.

Disturbing the public peace while wandering about at night or while engaged in any other nocturnal
amusement

4.

Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not
covered by Art 153 (tumult).



Charivari – mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, insult
or annoy



Firearm must not be pointed at a person, otherwise, it is illegal discharge



What governs is the result, not the intent

CRIME

Nature of Crime

Who are Liable

Tumults and other Disturbances
(153)

Crime against Public Order

Private persons,
outsider

Alarms and Scandals (155)

Crime against Public Order

Private persons,
outsider

Article 156


ELEMENTS OF DELIVERING PRISONERS FROM JAILS:

1.

That there is a person confined in a jail or penal establishment.

2.

That the offender removes therefor such person, or helps the escape of such person (if the escapee is
serving final judgement, he is guilty of evasion of sentence).

3.

Offender is a private individual



Prisoner may be detention prisoner or one sentenced by virtue of a final judgment



A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here



It may be committed through negligence



Circumstances qualifying the offense – is committed by means of violence, intimidation or bribery.



Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise

VI. EVASION OF SENTENCE OR SERVICE

Article 157


ELEMENTS OF EVASION OF SERVICE OF SENTENCE:

1.

That the offender is a convict by final judgment.

2.

That he is serving his sentence which consists in deprivation of liberty (destierro included)

3.

That he evades the service of his sentence by escaping during the term if his sentence. (fact of return
immaterial).



A continuing offense.



Offenders – not minor delinquents nor detention prisoners



If escaped within the 15 day appeal period – no evasion



No applicable to deportation as the sentence



Flimsy excuse for violating destierro – not acceptable



Circumstances qualifying the offense (done thru):

1.

unlawful entry (by “scaling”)

2.

breaking doors, windows, gates, walls, roofs or floors

3.

using picklocks, false keys, disguise, deceit, violence or intimidation

4.

connivance with other convicts or employees of the penal institution

Article 158


ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:

1.

That the offender is a convict by final judgement who is confined in a penal institution.

2.

That there is disorder, resulting from- 1. conflagration,

2. earthquake,
3. explosion, or
4. similar catastrophe, or
5. mutiny in which he has not participated.
1.

That the offender evades the service of his sentence by leaving the penal institution where he is confined,
on the occasion of such disorder or during the mutiny.

2.

That the offender fails to give himself up to the authorities within 48 hours following the insurance of a
proclamation by the chief executive announcing the passing away of such calamity.



Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in no case to
exceed 6 months.



Offender must escape to be entitled to allowance



Mutiny – organized unlawful resistance to a superior officer, a sedition, a revolt



Disarming the guards is not mutiny

Article 159
VIOLATION OF CONDITIONAL PARDON


ELEMENTS:

1.

That the offender was a convict.

2.

That he was granted a conditional pardon by the chief executive.

3.

That he violated any of the conditions of such pardon.



Condition extends to special laws – violation of illegal voting



Offender must have been found guilty of the subsequent offense before he can be prosecuted under this
Article. But if under Revised Admin Code, no conviction necessary. President has power to arrest, reincarnate
offender without trial.

VIOLATION OF PARDON

Infringement of conditions/terms of President

ORDINARY EVASION

To evade the penalty given by the courts –
disturbs the public order



Two penalties provided:

1.

prision correccional in its minimum period – if the penalty remitted does not exceed 6 years

2.

the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years

VII. COMMISSION OF ANOTHER CRIME
Article 160

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE-PENALTY: (quasi-recidivism)


ELEMENTS

1.

That the offender was already convicted by final judgement of one offense.

2.

That he committed a new felony before beginning to serve such sentence or while serving the same.



Quasi-recidivism : a person after having been convicted by final judgement shall commit a new felony before
beginning to serve such sentence, or while serving the same.



Second crimes must belong to the RPC, not special laws. First crime may be either from the RPC or special
laws



Reiteracion: offender shall have served out his sentence for the prior offense



A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual Delinquent



If new felony is evasion of sentence – offender is not a quasi-recidivist



Penalty: maximum period of the penalty for the new felony should be imposed (mitigating circumstance can
only be appreciated if the maximum is divisible)



Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. Minority)

TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST

Article 161


TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:

1.

Forging the great seal of the Government

2.

Forging the signature of the President

3.

Forging the stamp of the President



When the signature of the President is forged, it is not falsification but forging of signature under this article



Signature must be forged, others signed it – not the President.

Article 162


USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:

1.

That the great seal of the republic was counterfeited or the signature or stamp of the chief executive was
forged by another person.

2.

That the offender knew of the counterfeiting or forgery.

3.

That he used the counterfeit seal or forged signature or stamp.



Offender is NOT the forger/not the cause of the counterfeiting

Article 163


ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:

1.

That there be false or counterfeited coins (need not be legal tender).

2.

That the offender either made, imported or uttered such coins.

3.

That in case of uttering such false or counterfeited coins, he connives with counterfeiters or importers.



Coin is counterfeit – if it is forged, or if it is not an article of the government as legal tender, regardless if it is
of no value



Counterfeiting – imitation of legal or genuine coin (may contain more silver, different design) such as to
deceive an ordinary person in believing it to be genuine



Utter – to pass counterfeited coins, deliver or give away



Import – to bring to port the same



Both Philippine and foreign state coins



Applies also to coins withdrawn from circulation



Essence of article: making of coins without authority

Article 164


ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE:

This has been repealed by PD 247. Under this PD, the acts punishable are:
1.

willful defacement

2.

mutilation

3.

tearing

4.

burning

5.

destruction of Central Bank notes and coins



Mutilation – to take off part of the metal either by filling it or substituting it for another metal of inferior quality,
to diminish by inferior means (to diminish metal contents).



Foreign notes and coins not included. Must be legal tender.



Must be intention to mutilate.

Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE


2 Types

1.

Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that
it is false or mutilated.

ELEMENTS:
1.

possession

2.

with intent to utter, and

3.

knowledge

4.

Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.

ELEMENTS:
1.

actually uttering, and

2.

knowledge.



Possession does not require legal tender in foreign coins



Includes constructive possession



Read RA 427

Article 166
FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING


Acts punishable:

1.

Forging or falsity of treasury/bank notes or documents payable to bearer

2.

Importing of such notes

3.

Uttering of such false or forged obligations and notes in connivance with forgers and importers



Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a true
and genuine document



Falsification – by erasing, substituting, counterfeiting or altering by any means the figures and letters, words,
signs contained therein



E.g. falsifying – lotto or sweepstakes ticket. Attempted estafa through falsification of an obligation or security
of the Phil



PNB checks not included here – it’s falsification of commercial document under Article 172



Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes, coupons,
treasury notes, certificate of deposits, checks, drafts for money, sweepstakes money

Article 167


ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT PAYABLE TO
BEARER:

1.

That there be an instrument payable to order or other document of credit not payable to bearer.

2.

That the offender either forged, imported or uttered such instruments.

3.

That in case of uttering, he connived with the forger or importer.

Article 168


ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND
OTHER INSTRUMENT OF CREDIT:

1.

That any treasury or bank note or certificate or other obligation and security payable to bearer, or any
instrument payable to order or other document of credit not payable to bearer is forged or falsified by another
person.

2.

That the offender knows that any of those instruments is forged or falsified.

3.

That he performs any of these acts –



1.

using any of such forged or falsified instrument, or

2.

possessing with intent to use any of such forged or falsified instrument.

Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank
notes

Article 169
FORGERY


How forgery is committed:



if all acts done but genuine appearance is not given, the crime is frustrated

1.

by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of a true
and genuine document

2.

by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs
contained therein.

Article 170


ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:

1.

That these be a bill, resolution or ordinance enacted or approved or pending approval by the national
assembly or any provincial board or municipal council.

2.

That the offender (any person) alters the same.

3.

That he has no proper authority therefor.

4.

That the alteration has changed the meaning of the document.



Accused must not be a public official entrusted with the custody or possession of such document otherwise
Art 171 applies.

Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR ECCLESTASTICAL
MINISTER


ELEMENTS:

1.

That the offender is a public officer, employee, or notary public.

2.

That he takes advantage of his official position.

3.

That he falsifies a document by committing any of the following acts:
1.

Counterfeiting or imitating any handwriting, signature or rubric.

Requisites:
1.

That there be an intent to imitate, or an attempt to imitate

2.

That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to each other



(lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. 1 but such is
not an impediment to conviction under par. 2)

1.

Causing it to appear that persons have participated in any act or proceeding when they did not in fact so
participate.

2.

Attributing to persons who have participated in an act or proceeding statements other than those in fact
made by them.

Requisites:
1.

That the offender caused it to appear in a document that a person/s participated in an act or a proceeding;
and

2.

That such person/s did not in fact so participate in the act or proceeding

3.

Making untruthful statements in a narration of facts;

Requisites:
1.

That the offender makes in a document statements in a narration of facts

2.

That he has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done)
and

3.

That the facts narrated by the offender are absolutely false; and

4.

That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third
person



There must be a narration of facts, not a conclusion of law. Must be on a material matter



Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex.
Residence certificates



The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind
of falsification may be committed by omission

1.

Altering true dates. – date must be essential

2.

Making any alteration or intercalation in a genuine document which changes its meaning.

Requisites:
1.

That there be an alteration (change) or intercalation (insertion) on a document

2.

That it was made on a genuine document

3.

That the alteration/intercalation has changed the meaning of the document

4.

That the change made the document speak something false.

5.

Issuing in an authenticated form a document purporting to be a copy of an original document when no such
original exists, or including in such copy a statement contrary to, or different from, that of the genuine original;
(if no knowledge, falsification through negligence) or

6.

Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
(genuine document)

7.

In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any
record or document of such character that its falsification may affect the civil status of persons.



There is no crime of attempted or frustrated falsification of public document



Persons liable – public officer, employee or notary public or ecclesiastical minister



If offender does not take advantage of his public position, he may still be liable for falsification of documents
by a private person



Document: any written statement by which a right is established or an obligation is extinguished



Not necessary that what is falsified is a genuine or real document, enough that it gives an appearance of a
genuine article



Counterfeiting – imitating any handwriting, signature or rubric



Feigning – simulating a signature, handwriting, or rubric out of one of which does not in fact exist

Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1)


ELEMENTS

1.

That the offender is a private individual or a public officer or employee who did not take advantage of his
official position.

2.

That he committed any of the acts of falsification enumerated in ART. 171.
1.

Counterfeiting or imitating any handwriting, signature or rubric.

2.

Causing it to appear that persons have participated in any act or proceeding when they did not in
fact so participated.

3.

Attributing to persons who have participated in an act or proceeding statements other than those in
fact made by them.

4.

Making untruthful statements in a narration of facts;

5.

Altering true dates.

6.

Making any alteration or intercalation in a genuine document which changes its meaning.

7.

That the falsification was committed in any public or official or commercial document.



Under this paragraph, damage is not essential, it is presumed



Defense: lack of malice or criminal intent



The following writings are public:



Examples of commercial documents – warehouse receipts, airway bills, bank checks, cash files, deposit
slips and bank statements, journals, books, ledgers, drafts, letters of credit and other negotiable instruments



Cash disbursement vouchers or receipts evidencing payments are not commercial documents



A mere blank form of an official document is not in itself a document



The possessor of falsified document is presumed to be the author of the falsification

1.

the written acts or records of cats of the sovereign authority of official bodies and tribunals, and of the public
officers, legislative, judicial and executive, whether of the Philippines or of a foreign country.

2.

Public records kept in the Philippines.

FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT


ELEMENTS :

1.

That the offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated
in art. 171.

2.

That the falsification was committed in any private document (must affect the truth or integrity of the
document)

3.

That the falsification caused damage (essential element; hence, no crime of estafa thus falsification of
private document) to a third party or at least the falsification was committed with intent to cause such damage.



Not necessary that the offender profited or hoped to profit from the falsification



A document falsified as a necessary means to commit another crime must be public, official or commercial



There is no complex crime of estafa through falsification of a private document because the immediate effect
of the latter is the same as that of estafa



If the estafa was already consummated at the time of the falsification of a private document was committed
for the purpose of concealing the estafa, the falsification is not punishable, because as regards the
falsification of the private document there was no damage or intent to cause damage.



A private document may acquire the character of a public document when it becomes part of an official
record and is certified by a public officer duly authorized by law



The crime is falsification of public documents even if falsification took place before the private document
becomes part of the public records.

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)


ELEMENTS:

1.

Introducing in a judicial proceeding:

1.

That the offender knew that a document was falsified by another person.

2.

That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172.

3.

That he introduced said document in evidence in any judicial proceeding. (intent to cause damage not
necessary)

4.

that the offender knew that a document was falsified by another person.

5.

That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172.

6.

That he used such documents (not in judicial proceedings).

7.

That the use of the documents caused damage to another or at least was used with intent to cause such
damage.

2.

Use in any other transaction



The user of the falsified document is deemed the author of falsification, if:

1.

the use is so closely connected in time with the falsification

2.

the user had the capacity of falsifying the document

Falsification of Private Documents

Falsification of Public/Official Documents

Prejudice to third party is an element of the
offense.

Prejudice to third persons is immaterial, what is punished
is the violation of public faith and perversion of truth
which the document proclaims.

Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF SAID
FALSIFIED MESSAGES


Acts punishable:

1.

Uttering fictitious, wireless, telegraph or telephone message

Requisites:
1.

That the offender is an officer or employee of the government or an officer or employee of a private
corporation, engaged in the service of sending or receiving wireless, cable or telephone message.

2.

That the accused commits any of the following acts:



uttering fictitious wireless, cable, telegraph, or telephone message, or



falsifying wireless, cable, telegraph, or telephone message
1.

Falsifying wireless, telegraph or telephone message

Requisites:
1.

That the offender is an officer or employee of the government or an officer or employee of a private
corporation, engaged in the service of sending or receiving wireless, cable or telephone message.

2.

That the accused commits any of the following acts:



uttering fictitious wireless, cable, telegraph, or telephone message, or



falsifying wireless, cable, telegraph, or telephone message
1.

Using such falsified message

Requisites:
1.

That the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the
person specified in the first paragraph of art. 173.

2.

That the accused used such falsified dispatch.

3.

That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with
intent to cause such prejudice.



The public officer, to be liable must be engaged in the service of sending or receiving wireless, cable and
telegraph or telephone message

Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND THE LIKE:


Persons liable:

1.

Physician or surgeon who, in connection with the practice of his profession, issued a false certificate (note:
such certificate must refer to the illness or injury of a person)

2.

Public officer who issued a false certificate of merit of service, good conduct or similar circumstances

3.

Private individual who falsified a certificate under (1) and (2)

Article 175


ELEMENTS OF USING FALSE CERTIFICATES:

1.

That a physician or surgeon has issued a false medical certificate, or a public officer has issued a false
certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of
said certificates.

2.

That the offender knew that the certificate was false.

3.

That he used the same.

Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR FALSIFICATION:


Acts punishable:

1.

Making or introducing into the Philippines any stamps, dies or marks or other instruments or implements for
counterfeiting or falsification

2.

Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or
introduced into the Philippines by another person



The implement confiscated need not form a complete set



Constructive possession is also punished

II. OTHER FALSITIES
Article 177

USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:


2 ways of committing the crime:

1.

By knowingly and falsely representing oneself to be an officer, agent or representative of any department or
agency of the Philippine gov’t or any foreign gov’t.

2.

By performing an act pertaining to any person in authority or public officer of the Phil gov’t or foreign gov’t
under the pretense of such official position, and without being lawfully entitled to do so.



In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. Not
necessary that he performs an act pertaining to a public officer.



In usurpation of official functions: It is essential that the offender should have performed an act pertaining to
a person in authority



A public officer may also be an offender



The act performed without being lawfully entitled to do so must pertain:

1.

to the gov’t

2.

to any person in authority

3.

to any public office

Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME


ELEMENTS (using fictitious name) :

1.

That the offender uses a name other than his real name.

2.

That he uses that fictitious name publicly.

3.

That the purpose of the offender is –
1.

To conceal a crime,

2.

To evade the execution of a judgment, or

3.

To cause damage to public interest. (ex. Signing fictitious name for a passport)



ELEMENTS (concealing true name):

1.

that the offender conceals –

2.

his true name, and

3.

all other personal circumstances.
1.

that the purpose is only to conceal his identity.
Use of Fictitious Name (178)

Concealing True Name (178)

Element of publicity must be present

Publicity not necessary

Purpose is to conceal a crime, to evade the execution
of a judgement, or to cause damage

Purpose is to conceal identity

Article 179


ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:

1.

That the offender makes use of insignia, uniform or dress.

2.

That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of
which he is not a member.

3.

That said insignia, uniform or dress is used publicly and improperly.



an exact imitation of the dress or uniform is unnecessary

Article 180


ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:

1.

That there be a criminal proceeding.

2.

That the offender testifies falsely under oath against the defendant therein.

3.

That the offender who gives false testimony knows that it is false.

4.

That the defendant against whom the false testimony is given is either acquitted or convinced in a final
judgment (prescriptive period starts at this point)



Requires criminal intent, can’t be committed through negligence. Need not impute guilt upon the accused



The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted



The witness who gave false testimony is liable even if the court did not consider his testimony



Penalty is dependent upon sentence imposed on the defendant

Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:


False testimony by negative statement is in favor of the defendant



False testimony need not in fact benefit the defendant



A statement of a mere opinion is not punishable



Conviction or acquittal is not necessary (final judgement is not necessary). The false testimony need not
influence the acquittal



A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person
the commission of the offense is liable under this article. If he merely denies the commission of the offense,
he is not liable.



Basis of penalty: gravity of the felony charged against the defendant

Article 182


ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:

1.

That the testimony must be given in a civil case.

2.

That the testimony must relate to the issues presented in said case.

3.

That the testimony must be false.

4.

That the false testimony must be given by the defendant knowing the same to be false.

5.

That the testimony must be malicious and given with an intent to affect the issues presented in the said case



Not applicable when testimony given in a special proceeding (in this case, the crime is perjury)



Basis of penalty: amount involved in the civil case

Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION:
1.

That an accused made a statement under oath or made an affidavit upon a material matter.

2.

That the statement or affidavit was made before a competent officer, authorized to receive and administer
oath.

3.

That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood, and

4.

That the sworn statement or affidavit containing the falsity is required by law.



2 ways of committing perjury:



Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers to non-judicial
proceedings and affidavits



A false affidavit to a criminal complaint may give rise to perjury



A matter is material when it is directed to prove a fact in issue



A “competent person authorized to administer an oath” means a person who has a right to inquire into the
questions presented to him upon matters under his jurisdiction



There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and
deliberate



Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal
purpose, it is sufficient



Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings



False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury because
false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal
is rendered



A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and
the witness suborned does testify under circumstances rendering him guilty of perjury.



The false testimony is not in a judicial proceeding

1.

by falsely testifying under oath

2.

by making a false statement

Article 184


ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:

a

That the offender offered in evidence a false witness or false testimony.

b

That he knew the witness or the testimony was false.

c

That the offer was made in a judicial or official proceeding.


Article applies when the offender without inducing another, but knowing him to be a false witness, presented
him and the latter testified falsely in a judicial or official proceeding



The false witness need not be convicted of false testimony. The mere offer is sufficient.
III. FRAUDS

Article 185


ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:

a

That there be a public auction.

b

That the accused solicited any gift or a promise from any of the bidders.

c

That such gifts or promise was the consideration for his refraining from taking part in that public auction.

d

That the accused had the intent to cause the reduction of the price of the thing auctioned.


ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:

a

That there be a public auction.

b

That the accused attempted to cause the bidders to stay away from that public auction

c

That it was done by threats, gifts, promises, or any other artifice.

d

That the accused had the intent to cause the reduction of the price of the thing auctioned.

Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:


Acts punished:

1.

Combination to prevent free competition in the market

2.

By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust
or otherwise, in restraint of trade or commerce or prevent by artificial means free competition in the market (It
is enough that initial steps are taken. It is not necessary that there be actual restraint of trade)

3.

Monopoly to restrain free competition in the market

– By monopolizing any merchandise or object of trade or commerce, by combining with any person or persons to
monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of
any other artifice to restrain free competition in the market
4.

Manufacturer, producer or processor or importer combining, conspiring or agreeing with any person to make
transactions prejudicial to lawful commerce or to increase the market price of the merchandise.



Person/s liable:



Crime is committed by:



The purpose is:



Also liable as principals:



Aggravated if items are:

1.

manufacturer

2.

producer

3.

processor

4.

importer

1.

combining

2.

conspiring

3.

agreeing with another person

1.

to make transactions prejudicial to lawful commerce

2.

to increase the market price of any merchandise or object of commerce manufactured, produced,
processed, assembled or imported into the Phil

1.

corporation/association

2.

agent/representative

3.

director/manager – who willingly permitted or failed to prevent commission of above offense

1.

food substance

2.

motor fuel or lubricants

3.

goods of prime necessity

Article 187


ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS:

a

That the offender imports, sells or disposes of any of those articles or merchandise.

b

That the stamps, brands, or marks or those articles or merchandise fails to indicate the actual fineness or quality

of said metals or alloys.
c

That the offender knows that the said stamp, brand, or mark fails to indicate the actual fineness or quality of the

metals or alloys.

Article 188
SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK

a

Acts punishable:
By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable

imitation thereof, for the t/n or t/m of the real manufacturer or dealer upon any article of commerce and (b) selling the
same.
b

By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has been fraudulently used

c

By using or substituting the service mark of some other person, or a colorable imitation of such marks, in the

sale or advertising of services
d

By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a colorable limitation thereof,

to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used.

Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME, TRADEMARK SERVICE MARK,
FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION

a

Acts punished:
Unfair competition by selling his goods, giving them the general appearance of the goods of another

manufacturer or dealer
b

Fraudulent designation of origin; false description by (a) affixing to his goods or using in connection with his

services a false designation of origin; or any false description or representation, and (b) selling such goods or
services
c

Fraudulent registration by procuring fraudulently from the patent office the registration of t/m, t/m or service

mark.



ELEMENTS:

a

That the offender gives his goods the general appearance of the goods of another manufacturer or dealer

b

That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping of their packages, or in

the (c) device or words therein, or in (d) any other feature of their appearance
c

That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the

same with a like purpose.
d

That there is actual intent to deceive the public or defraud a competitor.

TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)
THE DANGEROUS DRUGS ACT OF 1972
(RA No. 6425, as amended)

I.

Acts Punishable:
1.

importation of prohibited drugs

2.

sale, administration, delivery, distribution and transportation of prohibited drugs

3.

maintenance of a den, dive or resort for prohibited drug users

4.

being employees or visitors of drug den

5.

manufacture of prohibited drugs

6.

possession or use

7.

cultivation of plants

8.

failure to comply with provisions relative to keeping of records of prescription

9.

unnecessary prescription

10.

possession of opium pipe and other paraphernalia

11.

Importation, sale, etc. of regulated drugs



Importation of prohibited/regulated drugs.



Sale, administration, delivery, distribution and transaction of prohibited/regulated drugs.

Qualifying Circumstances – if the victim of the offense is a minor or should a prohibited/regulated drug involve in any
offense under this section be the proximate cause of the death of a victim thereof, the maximum penalty herein shall
be imposed.


Maintenance of a den, dive, or resort for prohibited/regulated drug users.

Qualifying Circumstance – where a prohibited/regulated drug is administered, delivered, or sold to a minor who is
allowed to use the same in such place, or should a prohibited drug be the proximate cause of the death of the person
using the same in such den, dive or resort, the maximum of the penalty shall be imposed.


Manufacture of prohibited/regulated drugs.



Possession of prohibited/regulated drugs.

·
a

Cultivation of plants which are sources of prohibited drugs.
Note: The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall

be confiscated and escheated to the State, unless the owner thereof can prove that he did not know of such
cultivation or culture despite the exercise of due diligence on his part.
b

Qualifying Circumstance – if the land involved is part of the public domain, the maximum of the penalty herein

provided shall be imposed.

·

Failure to keep records of prescription, sales, purchases, acquisitions and/or deliveries of prohibited/regulated

drugs
Persons liable:

Pharmacist, Physician, Dentist, Veterinarian, Manufacturer, Wholesaler, Importer, Distributor, Dealer, Retailer

·

Unlawful prescription of prohibited/regulated drugs

·

Unnecessary prescription of prohibited/regulated drugs

Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any person whose
physical/physiological condition does not require the use of thereof.

·

Possession of opium pipe, equipment, apparatus or any paraphernalia fit or intended for smoking, consuming,

administering, injecting, ingesting, or otherwise using opium or any other prohibited drug, shall be prima facie
evidence that the possessor has smoked, consumed, administered to himself, injected or used a prohibited drug.

·

Attempt and conspiracy to commit the following offenses:

a

Importation of dangerous drugs

b

Sale, administration, delivery, distribution and transportation of dangerous drugs

c

Maintenance of a den, dive or resort for prohibited drugs

d

Manufacture of dangerous drugs

e

Cultivation or culture of plants which are sources of prohibited drugs


a

Other persons liable:
If the violation of the Act is committed by a partnership, corporation, association or any judicial person, the

partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally
liable as co-principal.
b

Partner, president, director, manager, officer or stockholder, who knowingly authorizes, tolerates, or consents to

the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation
of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufacture of any
dangerous drugs, if such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and
supervision of the partnership, corporation, association or judicial entity to which they are affiliated.
c

Government official, employee or officer who is found guilty of “planting” any dangerous drugs in the person or in

the immediate vicinity of another as evidence to implicate the latter.
II.

For the purpose of enforcing the provisions of this Act, all school heads, supervisors and teachers

shall be deemed to be persons in authority and, as such, are vested with the power to apprehend, arrest, or
cause the apprehension or arrest of any person who shall violate any of the said provision.
1.

NOTE: They shall be considered as persons in authority id they are in the school or within its immediate
vicinity, or beyond such immediate vicinity of they are in attendance in any school or class function in their
official capacity as school heads, supervisors or teachers.

2.

Any teacher or school employee who discovers or finds that any person in the school or within its immediate
vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who
shall, in turn, report the matter to the proper authorities. Failure to report in either case shall, after hearing,
constitute sufficient cause for disciplinary action. (Sec. 28)

1.

III.

Rules:

1.

Voluntary submission of a drug dependent to confinement, treatment and rehabilitation by the drug
dependent himself or through his parent, guardian or relative within the 4th civil degree of consanguinity or
affinity, in a center and compliance with such conditions therefor as the Dangerous Drugs Board may
prescribe shall exempt from criminal liability for possession or use of the prohibited/regulated drug.

2.

Should the drug dependent escape from the center, he may submit himself for confinement within 1 week
from the date of his escape, of his parent guardian or relative may, within the same period surrender him for
confinement.

3.

Upon application of the Board, the Court shall issue an order for recommitment if the drug dependent does
not resubmit himself for confinement or if he is not surrendered for recommitment.

4.

If, subsequent to such recommitment, he should escape again, he shall no longer be exempt from criminal
liability for the use or possession of any dangerous drug.

5.

If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings, to
be a drug dependent, the fiscal or court as the case may be, shall suspend all further proceedings and
transmit records of the case to the Board.

6.

After his rehabilitation, he shall be prosecuted for such violation. In case of conviction, the judgement shall, if
the accused is certified by the treatment and rehabilitation center to have maintained good behavior, indicate
that he shall be given full credit for the period he was confined in the center.

NOTE: When the offense is possession or use of dangerous drugs and the accused is not a recidivist, the penalty
thereof shall be deemed to have been served in the center upon his release therefrom.
7.

The period of prescription of the offense charged shall not run during the time that the respondent/accused
is under detention or confinement in a center.

8.

Requisites of suspension of sentence for first offense in a minor:

1.

If accused is a minor (under 18 years of age at the time of the commission of the offense but not more than
21 years of age when the judgement should have been promulgated.

2.

He has not been previously convicted of violating any provision of this Act or of the RPC or placed on
probation.



Sentence shall be deferred and the accused shall be placed on probation under the supervision of the
Board.



In case of violation of conditions of pardon, court shall pronounce judgement of conviction and he shall serve
sentence.



If accused did not violate conditions of probation, case shall be dismissed upon expiration of the designated
period.


a

Notes:
Cultivation of plants – Sec 9 – land, portions of land, greenhouse on which any of the plants is cultivated –

confiscated and escheated to the State. UNLESS: owner can prove that he had no knowledge of the cultivation
despite due diligence
b

If land is part of the public domain – maximum penalty imposed

c

Possession of opium pipe and other paraphernalia – prima facie evidence that the possessor has smoked,

consumed, administered himself, used prohibited drugs
d

Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M apply when:

Opium

40 grams up

Morphine

40 grams up

Shabu

200 grams up

Heroin

40 grams up

Indian hemp
MJ resin

750 grams up
50 grams up

Cocaine

40 grams up

Other drugs

Quantity far beyond therapeutic requirement

(if quantity is less than prescribed – penalty is PC to RP depending upon the quantity)
e

RA 7659 – PD 1619 – Possession and Use of Volatile Substances
1.

mere attempt to sell, import – already a crime under Article 6

2.

conspiracy to sell, deliver, import – already a crime under Article 8

f

Buy Bust Operation – no law or rule to require policemen to adopt a uniform way of identifying BUY MONEY (P

v. Abedes)
g

Absence of ultraviolet power is not fatal in the prosecution

h

Transportation/importation of MJ – immaterial whether there may or may not be a distinction for the MJ

i

Distinguish Entrapment and Instigation:
1.

If prosecution can prove the crime without presenting the informer or asset – not necessary because their
testimonies are merely corroborative. Poseur buyer – it depends on whether the prosecution can prove the
crime without their testimonies (P v. Rosalinda Ramos)

2.

Under the RA, special aggravating circumstance if a crime has been committed while the accused was high
on drugs (P v. Anthony Belgar)

3.

Delivery or Sale of Prohibited Drugs – the accused must be aware that what he is selling or delivering was
prohibited drug. But the moment the fact of sale or delivery is proved by prosecution, the burden to prove that
the accused is not aware that drugs are prohibited falls on the defense (P v. Aranda)

4.

P v. Angelito Manalo – burden of proving the authority to possess shabu is a matter of defense

5.

P v. Hilario Moscaling – court may take judicial notice of the word “shabu”

6.

Criminal liabilities of a policeman who sold the drugs confiscated from a pusher: violation of RA 6425 and
malversation under RPC.

j

Planting evidence – to implicate another

k

Buy Bust Operation – form of entrapment (P v. Alberto) – not necessary to have prior police surveillance (P v.

Carlos Franca)
l

Possession – constructive or actual – not necessary to adduce the marked money as evidence (P v. Romeo

Macara)
m

Separate crimes – sale/possession of MT found in his possession after he was frisked but he can’t be convicted

for possession of MJ that he sold
n

If victim is minor or drug is proximate cause of death – max penalty is imposed under Sec 4, 5, 15, 15-a
1.

If imposable penalty: RP to death – no plea bargaining

2.

If offender: government official, employees, officers or found guilty of planting evidences – same penalty

3.

First offense of a minor – suspension of sentence



under 18 at time of commission but not more than 21 at time when judgment was promulgated



found guilty of possession or use of prohibited or regulated drugs



not been previously convicted of violating any provision of this Act or the RPC



not been placed on probation



defer sentence, place on probation for 6 months to 1 year



violation of probation – pronounce sentence – convict and serve sentence



no violation – discharge him and dismiss the proceeding



if minor is drug dependent – commit to a center for treatment and rehabilitation

TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS

GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as amended)
1.

Illegal cockfighting (PD 449)

2.

Betting, game-fixing or point shaving and machinations in sports contests (PD 438)

3.

Illegal gambling

PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND
MACHINATIONS IN SPORTS CONTESTS
PD 483


Acts Punishable:

1.

Betting: Betting money or any object or article of value of representative value upon the result of any game,
races and other sports contests.

2.

Game-fixing: any arrangement, combination, scheme or agreement by which the result of any game, races,
or sports contests shall be predicated and/or known other than on the basis of the honest playing skill or
ability of the players or participants.

3.

Point-shaving: any such arrangement combination, scheme or agreement by which the skill or ability of any
player or participant in a fame, races, or sports contests to make points of scores shall be limited deliberately
in order to influence the result thereof in favor of one or other team, player or participant.

4.

Game Machination: any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of any game, races or sports contest.

COCKFIGHTING LAW OF 1974
PD 449
1.

Scope – This law shall govern the establishment, operation, maintenance and ownership of cockpits.

2.

Rules:
1.

Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and
operated cockpits.

2.

Only one cockpit shall be allowed in each city or municipality with a population of 100,000 or less.

3.

Cockpits shall be constructed and operated within the appropriate areas as prescribed in the
Zoning Law or ordinance.

4.

When allowed:

1.

Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays
and during local fiestas for not more than 3 days; or

2.

During provincial, city or municipal, agricultural, commercial or industrial fair, carnival or
exposition for a similar period of 3 days upon resolution of the province, city or municipality
where such fair, carnival or exposition is to be held, subject to the approval of the Chief of
Constabulary or his authorized representative.

Limitations:
a)

No cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of the local

fiesta or for more than 2 occasions a year in the same city of municipality.
b)

No cockfighting shall be held on December 30, June 12,November 30, Holy Thursday, Good Friday, Election Day

and during registration days for such election/referendum.
1.

If the purpose is for the entertainment of foreign dignitaries or for tourists, or for returning balikbayans, or for
the support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of
the President upon resolution of a provincial board, city or municipal council, in licensed cockpits or in
playgrounds or parks.

Limitations: This privilege shall be extended for only one time, for a period not exceeding 3 days, within a year to a
province, city or municipality.
1.

No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during
cockfights.

2.

City or municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits.
II. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Article 200


ELEMENTS OF GRAVE SCANDAL:

1.

Offender performs an act

2.

Act is highly scandalous as offending against decency or good customs

3.

Highly scandalous conduct does not expressly fall within any other article of the RPC

4.

Committed in a public place or within the public knowledge or view. (The public view is not required, it is
sufficient if in public place. For public knowledge, it may occur even in a private place; the number of people
who sees it is not material).



Grave scandal: consists of acts which are offensive to decency and good customs. They are committed
publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts



Decency: means properly observing the requirements of modesty, good taste etc



Customs: refers to established usage, social conventions carried on by tradition and enforced by social
disapproval in case of violation



If the acts complained of are punishable under another provision of the RPC, Art 200 is not applicable



The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and
good customs but must likewise be of such character as to cause public scandal to those witnessing it.

Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:


Persons liable:

1.

Those who publicly expound or proclaim doctrines that are contrary to public morals

2.

Authors of obscene literature, published with their knowledge in any form

3.

Editors publishing such obscene literature

4.

Owners or operators of establishments selling obscene literature

5.

Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any other
place

6.

Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are offensive to morals



Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character



Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open
to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense
of men as indecency.



However, Art 201 enumerates what are considered as obscene literature or immoral or indecent plays,
scenes or acts:



Mere nudity in paintings and pictures is not obscene



Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall
within this article



Publicity is an essential element

1.

those w/c glorify criminals or condone crimes

2.

those w/c serve no other purpose but to satisfy the market for violence, lust or pornography

3.

those w/c offend against any race or religion

4.

those w/c tend to abet the traffic in and the use of prohibited drugs

5.

those that are contrary to law, public order, morals, good customs, established policies, lawful orders,
decrees and edicts

Article 202
VAGRANTS AND PROSTITUTES:


Who are considered vagrants:

1.

Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to
apply themselves to some useful calling

2.

Persons found loitering around public and semi-public places without visible means of support

3.

Persons tramping or wandering around the country or the streets with no visible means of support

4.

Idle or dissolute persons lodging in houses of ill-fame

5.

Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich)

6.

Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or
justifiable reason provided the act does not fall within any other article of the RPC

If fenced and with prohibition of entry

Trespass to dwelling

If fenced and entered to hunt/fish

Attempted theft

If not fenced and with no prohibition of entry

Vagrancy



Who are considered prostitutes – refer to women who habitually indulge in sexual intercourse or lascivious
conduct for money or profit (if a man indulges in the same conduct: vagrancy)

TITLE SEVEN

CRIMES COMMITTED BY PUBLIC OFFICERS
Article 203


WHO ARE PUBLIC OFFICERS:

1.

Takes part in the performance of public functions in the Government, or

2.

Performs public duties as an employee, agent or subordinate official in the gov’t or any of its branches



Notes:

1.

Public officer must derive his authority from:

2.

direct provision of law

3.

popular election

4.

appointment by competent authority

5.

Public officers: embraces every public servant from the lowest to the highest rank

6.

A government laborer is not a public officer. However, temporary performance by a laborer of public
functions makes him a public officer

7.

Misfeasance: means improper performance of an act which might be properly be performed

8.

Malfeasance: means performance of an act which ought not to be done

9.

Nonfeasance: means omission of an act which ought to be done

MALFEASANCE AND MISFEASANCE IN OFFICE
Malfeasance

Doing of an act which a public officer should not have done

Misfeasance

Improper doing of an act which a person might lawfully do

Nonfeasance

Failure of an agent to perform his undertaking for the principal



ELEMENTS OF KNOWINGLY RENDERING AN UNJUST JUDGMENT:

1.

Offender is a judge

2.

Renders a judgment in the case submitted to him for judgment

3.

Judgment is unjust

4.

Knowledge that the decision is unjust



Notes:

1.

Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues
submitted to it in an action or proceeding

2.

Unjust judgment: one which is contrary to law, or not supported by the evidence, or both

3.

An unjust judgment may result from:

4.

error (with bad faith)

5.

ill-will or revenge

6.

bribery
1.

There must be evidence that the decision rendered is unjust. It is not presumed

2.

Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an
unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper
consideration).

Article 205


ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE:

1.

Offender is a judge

2.

Renders a judgment in a case submitted to him for decision

3.

Judgment is manifestly unjust

4.

Due to inexcusable negligence or ignorance



Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of
the law cannot doubt the injustice

Article 206


ELEMENTS OF UNJUST INTERLOCUTORY ORDER:

1.

That the offender is a judge.

2.

That he performs any of the following acts:
1.

knowingly renders unjust interlocutory order or decree, or

2.

renders a manifestly unjust interlocutory order or decree through inexcusable negligence or
ignorance.



Interlocutory order: one issued by the court deciding a collateral or incidental matter. It is not a final
determination of the issues of the action or proceeding

Article 207



ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE:

1.

That the offender is a judge.

2.

That there is a proceeding in his court.

3.

That he delays the administration of justice.

4.

That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage
on either party in the case.



Mere delay without malice is not punishable

Article 208


ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:

1.

That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to
prosecute offenses.

2.

That there is dereliction of the duties of his office, that is, knowing the commission of the crime, he does not
cause (a) the prosecution of the criminal (People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is
about to be committed he tolerates its commission (if gift/promise is a consideration for his conduct: direct
bribery)

3.

That the offender acts with malice and deliberate intent to favor the violator of the law.



PREVARICACION: negligence and tolerance in the prosecution of an offense



There must be a duty on the part of the public officer to prosecute or move for the prosecution of the
offender. Note however, that a fiscal is under no compulsion to file an information based upon a complaint if
he is not convinced that the evidence before him does not warrant filing an action in court



The crime must be proved first before an officer can be convicted of dereliction of duty



A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to
prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not
an accessory



Article not applicable to revenue officers

Article 209


ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT NECESSARILY A
PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS OF THE COURT):

1.

Causing damage to client (prejudice is essential) either
1.

by any malicious breach of professional duty, or

2.

by inexcusable negligence or ignorance.

3.

Revealing any of the secrets of his client learned by him in his professional capacity (damage not
necessary)
Undertaking the defense of the opposing party of the 1st client and/or having received confidential

4.

information from the latter and without the latter’s consent (damage not necessary)

Article 210


ELEMENTS OF DIRECT BRIBERY:

1.

That the offender be a public officer within the scope of Art 203

2.

That the offender accepts an offer or promise or receives a gift or present by himself or through another

3.

That such offer or promise be accepted or gift/present received by the public officer (mere agreement
consummates the crime)
1.

with a view to committing some crime (delivery of consideration is not necessary) or

2.

in consideration of an execution if an act which does not constitute a crime, but the act must be
unjust (delivery of consideration is necessary), or

3.

to refrain from doing something which is his official duty to do

4.

That the act which the offender agrees to perform or which he executes be connected with the
performance of his official duties



For purposes of this article, temporary performance of public functions is sufficient to constitute a person a
public officer. A private person may commit this crime only in the case in which custody of prisoners is
entrusted to him



Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other person
performing public duties



Cannot be frustrated, only attempted or consummated.



Bribery exists when the gift is:



Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is sufficient. However, if the
offer is not accepted, only the person offering the gift is liable for attempted corruption of a public officer



The gift must have a value or capable of pecuniary estimation. It could be in the form of money, property or
services



If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty
corresponding to the crime



The third type of bribery and prevaricacion (art 208) are similar offenses, both consisting of omissions to do
an act required to be performed. In direct bribery however, a gift or promise is given in consideration of the
omission. This is not necessary in prevaricacion

1.

voluntarily offered by a private person

2.

solicited by the public officer and voluntarily delivered by the private person

3.

solicited by the public officer but the private person delivers it out of fear of the consequences should the
public officer perform his functions (here the crime by giver is not corruption of public officials due to
involuntariness).

Bribery (210)

Robbery (294)

When the victim has committed a crime and
gives money/gift to avoid arrest or
prosecution.

When the victim did not commit a crime and he is
intimidated with arrest and/or prosecution to deprive him
of his personal property.

Victim parts with his money or property
voluntarily.

Victim is deprived of his money or property by force or
intimidation.

ANTI-GRAFT AND CORRUPT PRACTICES ACT

RA 3019


Persons Liable:

1.

Any public officer who shall perform any of the following acts:

2.

Any person having family or close personal relation with any public official who shall capitalize or exploit or
take advantage of such family or close personal relation by directly or indirectly requesting or receiving any
present, gift, or material, or pecuniary advantage from any person having some business, transaction,
application, request, or contact with the government in which such public official has to intervene (Sec. 4)

3.

Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A).
(Sec. 4)

4.

Spouse or any relative, by consanguinity or affinity, within the 3rd civil degree, of the president of the
Philippines, the vice-president, the president of the Senate, or speaker of the house of Representatives, who
shall intervene, directly or indirectly, in any business transaction, contract or application with the gov’t (Sec. 5).

1.

Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent authority or an offense in connection with the official duties of
the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

2.

Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for himself or for
any other person in connection with any contract or transaction between the government and any other party
wherein the public officer in his official capacity has to intervene under the law.

3.

Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for
himself or for another, from any person for whom the public officer, in any manner of capacity, has secured or
obtained, or will secure or obtain, any Government permit or license, in consideration for the held given or to
be given.

4.

Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination.

5.

Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial
function through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or government corporations charged with the grant of licenses or
permits or other concessions.

6.

Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his
own interest of giving undue advantage in favor of or discriminating against any other interested party.

7.

Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.

8.

Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the
constitution or by any law from having any interest.

9.

Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction
or act requiring the approval of a board, panel, or group of which he is a member, and which exercises
discretion in such approval, even if he votes against the same or does not participate in the action of the
board, committee, panel or group.

10.

Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified
for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or
dummy of one who is not so qualified or entitled.

11.

Divulging valuable information of a confidential character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such information in advance of its authorized release
date.

This prohibition shall not apply to:
1.

Any person who, prior to the assumption of office of any of the above officials to whom he is related, has
been already dealing with the gov’t along the same line of business;

2.

Any transaction, contract or application already existing or pending at the time of such assumption of public
office;

3.

Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned
but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law;

4.

Any act lawfully performed an official capacity or in the exercise of a profession.

5.

Any member of congress, during the term for which he has been elected, who shall acquire or receive any
personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored

or benefited by any law or resolution authored by him previously approved or adopted by Congress during his
term.
6.

Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30
days after assuming office and thereafter on or before the 15th day of April following the close of every
calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from
office (Sec. 7).

II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)


If a public official has been found to have acquired during his incumbency, whether in his name or in the
name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to
his other lawful income.



Properties in the name of the spouse and dependents of such public official may be taken into consideration,
when their acquisition through legitimate means cannot be satisfactorily shown.



Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse
or any of their dependents including but not limited to activities in any club or association or any ostentatious
display of wealth including frequent travel abroad of a non-official character by any public official when such
activities entail expenses evidently out of proportion to legitimate income.

III. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec. 11).
V. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of
gratitude of friendship according to local customs or usage, shall be excepted from the provisions of this act (Sec.
14).
Article 211


ELEMENTS OF INDIRECT BRIBERY:

1.

That the offender is a public officer.

2.

That he accepts gifts.

3.

That the said gifts are offered to him by reason of his office.



The gift is given in anticipation of future favor from the public officer



There must be clear intention on the part of the public officer to take the gift offered and consider the
property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance
or act to show such acceptance is not sufficient to convict the officer



There is no attempted or frustrated indirect bribery



The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform
or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary that
the officer do any act. It is sufficient that he accepts the gift offered by reason of his office



Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable
under PD 46.



The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the
service

Article 211-A


ELEMENTS OF QUALIFIED BRIBERY

1.

Public officer entrusted with law enforcement

2.

Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death

3.

(if lower penalty than stated above, the crime is direct bribery)

4.

In consideration of any offer, promise or gift

Article 212


ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:

1.

That the offender makes offers or promises or gives gifts or present to a public officer.

2.

That the offers or promises are made or the gifts or presents given to a public officer, under circumstances
that will make the public officer liable for direct bribery or indirect bribery



The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished



Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are
immune from prosecution under the following circumstances:

1.

information refers to consummated violations

2.

necessity of the information or testimony

3.

the information and testimony are not yet in the possession of the State

4.

information and testimony can be corroborated on its material points

5.

informant has been previously convicted of a crime involving moral turpitude



See the Anti-graft and Corrupt Practices Act

II. FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Article 213


ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. 1)

1.

That the offender be a public officer.

2.

That he should have taken advantage of his office, that is, he intervened in the transaction in his official
capacity.

3.

That he entered into an agreement with any interested party or speculator or made use of any other scheme
with regard to (a) furnishing supplies (b) the making of contracts, or (c) the adjustment or settlement of
account relating to a public property or funds.

4.

That the accused had intent to defraud the government.



Notes:

1.

The public officer must act in his official capacity

2.

The felony is consummated by merely entering into an agreement with any interested party or speculator or
by merely making use of any scheme to defraud the Government



ELEMENTS OF ILLEGAL EXACTIONS:

1.

The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts.

2.

He is guilty of any of the following acts or omissions:
1.

demanding, directly or indirectly the payment of sums different from or larger than those authorized
by law, or

2.

failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially, or

3.

Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a
nature different from that provided by law.



Notes:

1.

Mere demand of a larger or different amount is sufficient to consummate the crime. The essence is the
improper collection (damage to gov’t is not required)

2.

If sums are received without demanding the same, a felony under this article is not committed. However, if
the sum is given as a sort of gift or gratification, the crime is indirect bribery

3.

When there is deceit in demanding larger fees, the crime committed is estafa

4.

May be complexed with malversation

5.

Officers and employees of the BIR or Customs are not covered by the article

6.

The NIRC of Administrative Code is the applicable law

Article 214


ELEMENTS OF OTHER FRAUDS:

1.

That the offender is a public officer.

2.

That he takes advantage of his official position.

3.

That he commits any of the frauds or deceits enumerated in art. 315 and 316. (estafa; swindling)



Note: RTC has jurisdiction over the offense because the principal penalty is disqualification

Article 215


ELEMENTS OF PROHIBITED TRANSACTIONS:

1.

That the offender is an appointive public officer.

2.

That he becomes interested, directly or indirectly, in any transaction of exchange or speculation.

3.

That the transaction takes place within the territory subject to his jurisdiction.

4.

That he becomes interested in the transaction during his incumbency.



Notes:

1.

Examples of transactions of exchange or speculation are: buying and selling stocks, commodities, land etc
wherein one hopes to take advantage of an expected rise or fall in price

2.

Purchasing of stocks or shares in a company is simple investment and not a violation of the article.
However, regularly buying securities for resale is speculation

Article 216
POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :


Who are liable:

1.

Public officer – in any contract or business in which it is his official duty to intervene.

2.

Experts, arbitrators and private accountants – in any contract or transaction connected with the estate or
property in the approval, distribution or adjudication of which they had acted.

3.

Guardians and executors – with respect to property belonging to their wards or the estate.



Notes:

1.

Actual fraud is not necessary.

2.

Act is punished because of the possibility that fraud may be committed or that the officer may place his own
interest above that of the Government or party which he represents

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
RA 7080

1.

Definition of Ill-gotten wealth:

Any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly
through dummies, nominees, agents, subordinates, and/or business associates by any combination or series of the
following means or similar schemes:
1.

Through misappropriation, conversion, misuse or malversation of public funds or raids on the public
treasury.

2.

By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in connection with any government contract or project or by
reason of the office or position of the public officer concerned;

3.

By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any
of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their
subsidiaries;

4.

By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other form of
interest or participation, including the promise of future employment in any business enterprise or undertaking.

5.

By establishing agricultural, industrial or commercial monopolies or other combinations, and/or
implementation of decrees and orders intended to benefit particular persons or special interests;

6.

By taking undue advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense and to the damage or prejudice of the Filipino people and the
Republic of the Philippines.

1.

Persons Liable:
1.

Any public officer who, by himself or in connivance with members of his family, relatives by affinity
or consanguinity, business associates and subordinates or other persons, amasses, accumulates, or
acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under
(I) in the aggregate amount or total value of at least 50 million pesos, shall be guilty of the crime of
plunder (as amended by RA 7659).

2.

Any person who participated with the said public officer in the commission of plunder.

1.

Jurisdiction: All prosecutions under this At shall be within the original jurisdiction of the Sandiganbayan.

1.

Rule of Evidence:

For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done
by the accused in furtherance of the scheme and conspiracy to amass, accumulate or acquire ill-gotten wealth, it
being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall
unlawful scheme or conspiracy.

1.

Prescription of Crime:

The crime of plunder shall prescribe in 20 years. However, the right of the State to recover properties unlawfully
acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches
or estoppel.

III. MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Article 217


ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY :

1.

That the offender be a public officer (or private person if entrusted with public funds or connived with public
officers)

2.

That he had the custody or control of funds or property (if not accountable for the funds, theft or qualified
theft)

3.

That those funds or property were public funds or property (even if private funds if attached, seized,
deposited or commingled with public funds)

4.

That he:
1.

Appropriated the funds or property

2.

Took or misappropriated them

3.

Consented or, through abandonment or negligence, permitted any other person to take such public
funds or property. (it is not necessary that the offender profited thereby. His being remiss in the duty of
safekeeping public funds violates the trust reposed)



Malversation is otherwise called embezzlement



It can be committed either with malice or through negligence or imprudence



In determining whether the offender is a public officer, what is controlling is the nature of his office and not
the designation



The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa



When a public officer has official custody or the duty to collect or receive funds due the government, or the
obligation to account for them, his misappropriation of the same constitutes malversation



A public officer who has qualified charge of gov’t property without authority to part with its physical
possession upon order of an immediate superior, he cannot be held liable under this article



Private individuals can also be held liable for malversation under 2 circumstances:

1.

when they are in conspiracy with public officers; and

2.

when they have charge of national, provincial or municipal funds, revenues or property in any capacity



In malversation through negligence, the negligence of the accountable public officer must be positively and
clearly shown to be inexcusable, approximating fraud or malice



The measure of negligence to be observed is the standard of care commensurate with the occasion



When malversation is not committed through negligence, lack of criminal intent or good faith is a defense



The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any
authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal
use. However, if at the very moment when the shortage is discovered, the accountable officer is notified, and
he immediately pays the amount from his pocket, the presumption does not arise



Returning the embezzled funds is not exempting, it is only mitigating



There is also no malversation when the accountable officer is obliged to go out of his office and borrow the
amount corresponding to the shortage and later, the missing amount is found in an unaccustomed place



A person whose negligence made possible the commission of malversation by another can be held liable as
a principal by indispensable cooperation



Demand as well as damage to the government are not necessary elements

Malversation (217)

Estafa with Abuse of Confidence (315)

Funds or property usually public

Funds/property are always private

Offender is usually a public officer who is
accountable for the public funds/property

Offender is a private individual or even a public
officer who is not accountable for public
funds/property

Crime is committed by approaching, taking, or
misappropriating/consenting, or through
abandonment or negligence, permitting any other
person to take the public funds/property

Crime is committed by misappropriating,
converting, or denying having received money,
goods or other personal property

Article 218


ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS :

1.

That the offender is a public officer, whether in the service or separated therefrom.

2.

That he must be an accountable officer for public funds property.

3.

That he is required by law or regulation to render accounts to the commission on audit, or to a provincial
auditor.

4.

That he fails to do so for a period of two months after such accounts should be rendered.



Note: Demand and misappropriation are not necessary

Article 219


ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE
LEAVING THE COUNTRY :

1.

That the offender is a public officer.

2.

That he must be an accountable officer for public funds or property.

3.

That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the
Commission on Audit a certificate showing that his accounts have been finally settled.



Note: The act of leaving the Philippines must be unauthorized or not permitted by law

Article 220


ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation):

1.

That the offender is a public officer.

2.

That there is public fund or property under his administration.

3.

That such public fund or property has been appropriated by law or ordinance (without this, it is simple
malversation even if applied to other public purpose).

4.

That he applies the same to a public use other than for which such fund or property has been appropriated
by law or ordinance.



To distinguish this article with Art 217, just remember that in illegal use of public funds or property, the
offender does not derive any personal gain, the funds are merely devoted to some other public use



Absence of damage is only a mitigating circumstance

Article 221


ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY

1.

Offender has gov’t funds or property in his possession

2.

He is under obligation to either:



1.

make payment from such funds

2.

to deliver property in his custody or administration when ordered by competent authority

3.

He maliciously fails or refuses to do so

Note: Penalty is based on value of funds/property to be delivered

Article 222


PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221

1.

Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue,
or property

2.

Administrator or depositary of funds or property that has been attached, seized or deposited by public
authority, even if owned by a private individual



Sheriffs and receivers fall under the term “administrator”



A judicial administrator in charge of settling the estate of the deceased is not covered by the article

IV. INFIDELITY OF PUBLIC OFFICERS

Article 223


ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION

1.

That the offender is a public officer (on duty).

2.

That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by
final judgment.

3.

That such prisoner escaped from his custody

4.

That he was in connivance with the prisoner in the latter’s escape



Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or public
offense



The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by
law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty
constitutive of infidelity



There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a
relaxation of his imprisonment

Article 224


ELEMENTS OF EVASION THROUGH NEGLIGENCE:

1.

That the offender is a public officer.

2.

That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by
final judgment.

3.

That such prisoner escapes through his negligence.

4.

Penalty based on nature of imprisonment



The article punishes a definite laxity which amounts to deliberate non-performance of a duty



The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford
complete exculpation



The liability of an escaping prisoner:

1.

if he is a prisoner by final judgment, he is liable for evasion of service (art 157)

2.

if he is a detention prisoner, he does not incur criminal liability (unless cooperating with the offender).

Article 225


ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC
OFFICER :

1.

That the offender is a private person (note: must be on duty)

2.

That the conveyance or custody of a prisoner or person under arrest is confined to him.

3.

That the prisoner or person under arrest escapes.

4.

That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes
place through his negligence



Note: This article is not applicable if a private person made the arrest and he consented to the escape of the
person he arrested

Article 226


ELEMENTS OF REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS Infidelity in
custody of documents:

1.

That the offender be a public officer.

2.

That he abstracts, destroys or conceals a document or papers.

3.

That the said document or paper should have been entrusted to such public officer by reason of his office.

4.

That damage, whether serious or not, to a third party or to the public interest should have been caused.



The document must be complete and one by which a right could be established or an obligation could be
extinguished



Books, periodicals, pamphlets etc are not documents



“Papers” would include checks, promissory notes and paper money



A post office official who retained the mail without forwarding the letters to their destination is guilty of
infidelity in the custody of papers



Removal of a document or paper must be for an illicit purpose. There is illicit purpose when the intention of
the offender is to:

1.

tamper with it

2.

to profit by it

3.

to commit any act constituting a breech of trust in the official thereof



Removal is consummated upon removal or secreting away of the document from its usual place. It is
immaterial whether or not the illicit purpose of the offender has been accomplished



Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit
purpose



Delivering the document to the wrong party is infidelity in the custody thereof



The damage may either be great or small



The offender must be in custody of such documents

Article 227


ELEMENTS OF OFFICER BREAKING SEAL :

1.

That the offender is a public officer.

2.

That he is charged with the custody of papers or property.

3.

That these papers or property are sealed by proper authority.

4.

That he breaks the seals or permits them to be broken.



It is the breaking of the seals and not the opening of a closed envelope which is punished



Damage or intent to cause damage is not necessary; damage is presumed

Article 228


ELEMENTS OF OPENING OF CLOSED DOCUMENTS:

1.

That the offender is a public officer.

2.

That any closed papers, documents, or objects are entrusted to his custody.

3.

That he opens or permits to be opened said closed papers, documents or objects.

4.

That he does not have proper authority.



Note: Damage also not necessary

Article 229
REVELATION OF SECRET BY AN OFFICER:


ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY

1.

That the offender is a public officer.

2.

That he knows of a secret by reason of his official capacity.

3.

That he reveals such secret without authority or justifiable reasons.

4.

That damage, great or small, be caused to the public interest.

5.

(damage is essential)



Notes:

1.

Secret must affect public interest

2.

Secrets of a private individual is not included

3.

Espionage for the benefit of another State is not contemplated by the article. If regarding military secrets or
secrets affecting state security, the crime may be espionage.



ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS OF WHICH HE
MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED:

1.

That the offender is a public officer.

2.

That he has charge of papers.

3.

That those papers should not be published.

4.

That he delivers those papers or copies thereof to a third person.

5.

That the delivery is wrongful.

6.

That damage be caused to public interest.



Notes:

1.

“Charge”: means custody or control. If he is merely entrusted with the papers and not with the custody
thereof, he is not liable under this article

2.

If the papers contain secrets which should not be published, and the public officer having charge thereof
removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the other hand,
if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents

3.

Damage is essential to the act committed

Article 230


ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL:

1.

That the offender is a public officer

2.

That he knows of the secret of a private individual by reason of his office.

3.

That he reveals such secrets without authority or justification reason.



Revelation to one person is sufficient



If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by an attorney)



Damage to private individual is not necessary

V. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Article 231


ELEMENTS OF OPEN DISOBEDIENCE:

1.

That the offender is a judicial or executive officer.

2.

That there is a judgment, decision or order of superior authority.

3.

That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority
and issued with all the legal formalities.

4.

that the offender without any legal justification openly refuses to execute the said judgment, decision or
under which he is duty bound to obey.



Note: Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal
solemnities required

Article 232


ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER:

1.

That the offender is a public officer.

2.

That an order is issued by his superior for execution.

3.

That he has for any reason suspended the execution of such order.

4.

That his superior disapproves the suspension of the execution of the order.

5.

That the offender disobeys his superior despite the disapproval of the suspension.



Note: A public officer is not liable if the order of the superior is illegal

Article 233


ELEMENTS OF REFUSAL OF ASSISTANCE:

1.

That the offender is a public officer.

2.

That a competent authority demands from the offender that he lend his cooperation towards the
administration of justice or other public service.

3.

That the offender fails to do so maliciously.



Involves a request from one public officer to another



Damage to the public interest or third party is essential



Demand is necessary

Article 234


ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE:

1.

That the offender is elected by popular election to a public office.

2.

That he refuses to be sworn in or discharge the duties of said office.

3.

That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.



Note: Even if the person did not run for the office on his own will as the Constitution provides that every
citizen may be required to render service

Article 235


ELEMENTS OF MALTREATMENT OF PRISONERS:

1.

That the offender is a public officer or employee.

2.

That he has under charge a prisoner or detention prisoner (otherwise the crime is physical injuries)

3.

That he maltreats such prisoner in either of the following manners:
1.

by overdoing himself in the correction or handling of a prisoner or detention prisoner under his
charge either –



by the imposition of punishments not authorized by the regulations, or



by inflicting such punishments (those authorized) in a cruel and humiliating manner, or

1.

by maltreating such prisoner to extort a confession or to obtain some information from the prisoner.



The public officer must have actual charge of the prisoner in order to be held liable



To be considered a detention prisoner, the person arrested must be placed in jail even for just a short while



Offender may also be held liable for physical injuries or damage caused

Article 236


ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE:

1.

That the offender is entitled to hold a public office or employment, either by election or appointment.

2.

That the law requires that he should first be sworn in and/or should first give a bond.

3.

That he assumes the performance of the duties and powers of such office.

4.

That he has not taken his oath of office and./or given the bond required by law.

Article 237


ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS:

1.

That the offender is holding a public office.

2.

That the period provided by law, regulations or special provisions for holding such office has already expired.

3.

That he continues to exercise the duties and powers of such office.



Note: The article contemplates officers who have been suspended, separated or declared over-aged or
dismissed

Article 238


ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :

1.

That the offender is a public officer.

2.

That he formally resigns from his position.

3.

That his resignation has not yet been accepted.

4.

That he abandons his office to the detriment of the public service.



There must be formal or written resignation



The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties
consisting of preventing, prosecuting or punishing any of the crimes against national security. The penalty is
higher. This involves the following crimes:

1.

treason

2.

conspiracy and proposal to commit conspiracy

3.

misprision of treason

4.

espionage

5.

inciting to war or giving motives to reprisals

6.

violation of neutrality

7.

correspondence with hostile country

8.

flight to enemy country

9.

piracy and mutiny on the high seas

10.

rebellion

11.

conspiracy and proposal to commit rebellion

12.

disloyalty to public officers

13.

inciting to rebellion

14.

sedition

15.

conspiracy to commit sedition

16.

inciting to sedition

Abandonment of Office or Position (238)

There is actual abandonment through resignation
to evade the discharge of duties.

Dereliction of Duty (208)

Public officer does not abandon his office but
merely fails to prosecute a violation of the law.

Article 239


ELEMENTS OF USURPATION OF LEGISLATIVE POWERS:

1.

That the offender is an executive or judicial officer.

2.

That he (a.) makes general rules or regulations beyond the scope of his authority or (b.) attempts to repeal a
law or (c.) suspends the execution thereof.

Article 240


ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS:

1.

That the offender is a judge.

2.

That he (a.) assumes a power pertaining to the executive authorities, or (b.) obstructs executive authorities
in the lawful exercise of their powers.



Note: Legislative officers are not liable for usurpation of executive functions

Article 241


ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:

1.

That the offender is an officer of the executive branch of the government.

2.

That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order decision rendered by any
judge within his jurisdiction.



Note: A mayor is guilty under this article when he investigates a case while a justice of the peace is in the
municipality

Article 242


ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION:

1.

That the offender is a public officer.

2.

That a proceeding is pending before such public officer.

3.

That there is a question brought before the proper authority regarding his jurisdiction, which is not yet
decided.

4.

That he has been lawfully required to refrain from continuing the proceeding.

5.

That he continues the proceeding.

Article 243


ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL
AUTHORITY:

1.

That the offender is an executive officer.

2.

That the addresses any order or suggestion to any judicial authority.

3.

That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the
courts of justice.



Note: Legislative or judicial officers are not liable under this article

Article 244


ELEMENTS OF UNLAWFUL APPOINTMENTS:

1.

That the offender is a public officer.

2.

That he nominates or appoints a person to a public office.

3.

That such person lacks the legal qualification therefor.

4.

That the offender knows that his nominee or appointee lacks the qualification at the time he made the
nomination or appointment.



Recommending, knowing that the person recommended is not qualified is not a crime



There must be a law providing for the qualifications of a person to be nominated or appointed to a public
office

Article 245


ELEMENTS OF ABUSES AGAINST CHASTITY:

1.

That the offender is a public officer.

2.

That he solicits or makes immoral or indecent advances to a woman.

3.

That such woman must be –
1.

interested in matters pending before the offender for decision, or with respect to which he is
required to submit a report to or consult with a superior officer, or

2.

under the custody of the offender who is a warden or other public officer directly charged with care
and custody of prisoners or person under arrest, or

3.

the wife, daughter, sister or relative within the same degree by affinity of the person in the custody
of the offender



The mother of the person in the custody of the public officer is not included



Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman



The advances must be immoral or indecent



The crime is consummated by mere proposal



Proof of solicitation is not necessary when there is sexual intercourse

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