TITLE ONE – CRIMES AGAINST NATIONAL HELD: Bautista is convicted of conspiracy to

SECURITY AND THE LAW OF NATIONS overthrow, put down, and destroy by force the
Phil govt.
1. Art. 114 – Treason
3. Art. 116 - Misprision of Treason
 Breach of allegiance to a government
 Contemplates both permanent (natural citizens) 4. Art. 117 - Espionage
and temporary allegiance (alien residents)
 Revealing state secrets to a belligerent nation.
 People vs. Perez
5. Art. 118 - Inciting to war or giving motive for
Commandeering of women to satisfy the lust reprisals
of the enemy is not treason. Whatever
favorable effect the defendant’s collaboration  Provoking or giving occasion for a war
with the Japanese might have in their
prosecution of the war was trivial, 6. Art. 119 – Violation of neutrality
imperceptible and unintentional.
 Taking no part in a contest of arms going on
 People vs Adriano; People vs Villanueva between others

Being a MAKAPILI is in itself constitutive of 7. Art. 120 – Correspondence with hostile country
an overt act of psychological comfort; Such
membership by its very nature gave the enemy 8. Art. 121 – Flight to enemy’s country
aid and comfort.
9. Art. 122 – Piracy in general and mutiny on the
 Treason can be committed by a Filipino citizen high seas or in Philippine waters
outside of the Philippines
 People vs Catantan
 People vs Concepcion
Accused argues that in order that piracy may
It is sufficient that the witnesses are uniform in be committed it is essential that there be an
their testimony on the overt act; it is not attack or seizure of a vessel (seize shipping
necessary that there be corroboration between boat of the Pilapil brothers); they boarded the
them on the point they testified. boat and compelled Pilapil to take them some
other place.
 People vs Manayao HELD: The accused were compelled to go
elsewhere other than their place of destination,
Accused being a Makapili, considered himself such compulsion was part of the act of seizing
a member of the Japanese armed forces and their boat.
therefore lost his Filipino citizenship.
HELD: The accused cannot divest himself of 10. Art. 123 - Qualified piracy
his Philippine citizenship by the simple act of
accepting military commission in the military  People vs Lol-lo
of the enemy country.
A boat with eleven men, women, and children
2. Art. 115 - Conspiracy and Proposal to commit arrive in the islands of Buang and Bukid in the
Treason Dutch East Indies. The boat was surrounded by
24 armed Moros. The Moros initially asked for
 US vs Bautista food, but once on the boat, took the cargo all
for themselves, attacked some of the men, and
A junta conspiracy was organized and entered brutally violated 2 women. They were arrested
into by a number of Filipinos in Hongkong for and charged in the Sulu CFI of Piracy.
the purpose of overthrowing the Govt by force HELD: Sulu CFI has jurisdiction over the case.
of arms; Bautista the defendant, took part in Piracy is not a crime against a particular state
several of the meetings.
 but against all mankind; it may be punished in cause to believe that the girl participated in the
the competent tribunal of any country. assault.
TITLE TWO- CRIMES AGAINST
FUNDAMENTAL LAWS OF THE STATE

11. Art. 124 – Arbitrary Detention  US vs Battalones

 Legal grounds for the detention of any 2 BIR secret service agents, strangers in the
person: municipality, were seen acting suspiciously
(1) The commission of a crime; (2) Violent near the market place. The local police,
insanity or any other ailment requiring the believing that they were connected to the
compulsory confinement of the patient in a recent robberies, placed the 2 men under arrest.
hospital. HELD: There was no arbitrary detention; In
light of the recent robberies; the suspicion
 Lawful Warrantless Arrests directed against the agents was not well
(1) INFLAGRANTE DELICTO - Person to be founded.
arrested is actually committing, or is
attempting to commit a crime; (2) An offense  Sayo vs Chief of Police
has just been committed, and he has probable
cause to believe (based on personal knowledge Upon Malinao’s complaint alleging the
of facts and circumstances) that the person to petitioners had committed robbery, the
be arrested has committed it; and (3) policeman Dumlao arrested the petitioners.
ESCAPEE PRISONER - The person to be is a HELD: A police officer has no authority to
prisoner who has escaped from a penal arrest and detain a person charged with an
establishment or temporary confinement. offense upon complaint of the offended party.
The theory that police officers may arrest any
 US vs Santos person just for questioning or investigation,
without any warrant of arrest, represents an
A policeman, acting under the order of his ideology incompatible with human dignity.
chief who wanted to stop robbery; patrolled his Reason revolts against it.
district at midnight; he saw two persons in
front of an uninhabited house; he arrested them 12. Art. 125 – Delay in the delivery of detained
without warrant, although no crime had been persons to the proper judicial authorities
committed.
HELD: The warrantless arrest is justified;  Lino vs Fuguso; Gunabe et al vs Director of
Prevention of crime is just as commendatory as Prisons
the capture of criminals; Surely the officer
must not be forced to await the commission of A was arrested and detained for theft. The
the actual robbery: Any prudent and reasonable arresting officer filed the complaint with the
man would believe that two men, in the dead City Fiscal only after 24 hours. An information
on night, going in to an uninhabited house are for theft against A was filed with the court in
about to commit robbery. the same day by the fiscal. Warrant of arrest
was issued by the court.
 People vs Ancheta HELD: The failure of the arresting officer to
deliver the person arrested within the time
A Constabulary officer was engaged to marry a specified does not affect the legality of the
girl, but later the engagement was broken. confinement of the petitioner.
Thereafter he was assaulted by the girl’s The illegality of detention is not cured by the
brothers as he was passing her house; filing of the information in court.
Believing that the girl had conspired with her
brothers; He filed a complaint against her and
her brothers. 13. Art. 126 – Delaying release
HELD: Constabulary officer was not guilty of
arbitrary detention because he had probable 14. Art. 127 – Expulsion
15. Art. 128 – Violation of domicile priest in his intention to say the mass. Thus, the
mass was not celebrated.
HELD: The barrio lieutenant was guilty of
interruption of religious worship.

16. Art. 129 – Search warrants maliciously

obtained, and abuse in the service of those legally  People vs Reyes
obtained.
The INC held a meeting at a public plaza after
 Search warrant is an order in writing issued in securing a permit from the mayor. The minister
the name of the People of the Philippines, started, in the course of his sermon, attacked
signed by a judge and directed to a peace the Catholic and Aglipayan churches. The
officer, commanding him to search for Chief of Police fired 2 shots in the air to
personal property described therein and bring it disperse the meeting.
before the court. HELD: The act of the Chief of Police is a
violation of Art. 131 and not Art. 132.
17. Art. 130 – Searching domicile without witnesses
20. Art. 133 – Offending the Religious feelings
18. Art. 131 – Prohibition, interruption, and
dissolution of peaceful meetings  Peopls vs Gesulga

 Evangelista vs Earnshaw A procession had to pass along the barrio road

in the middle of which a Protestant meeting
The doctrines and principles advocated by the was being held. The procession could not pass
Communist Party were highly seditious; The through. The accused then got a picture of the
mayor was justified in the denial of the petition Pope and hurled numerous insults at the crowd.
to hold a public meeting. HELD: The said utterances were not made in
the place devoted to religious worship or in a
 People vs Evangelista place where the religious ceremony was being
celebrated.
When a parade was about to be held,
Evangelista spoke before the people and started  People vs Nanoy
accusing the big ones of oppressing and
persecuting them. The Constabulary then While the congregation of the Assembly of
dispersed the people by using a water pump. God was having its afternoon services in its
HELD: The act of Constabulary was proper, chapel; accused who was drunk entered and
the meeting was not peaceful. attempted to grab the song leader who ran
away from him.
 People vs Yalung HELD: The acts of the accused were not
offensive to religious feelings.
During the celebration of the Commonwealth,
a public meeting was held and the speakers in
that meeting were enjoined not to talk about
politics but when the offended party spoke, he
attacked the mayor saying he should not be
reelected. The mayor ordered that his speech
should be suspended.

19. Art. 132 – Interruption of Religious Worship

 People vs Mejica

In a barrio chapel, a priest was ready to say

mass and the barrio lieutenant made an actual
threat on the life of the priest should the latter
 The Hardie Farms was raided by Huks, the
armed forces of the Communist Party of the
Philippines. The raiders tied the hands of Mr.
and Mrs. Hardie. Benito Cruz admitted having
risen to the rank of Huk Commander and being
TITLE THREE - CRIMES AGAINST known as Commander Saling, with 12 men
PUBLIC ORDER under him.
HELD: Appellants are guilty of simple
21. Art. 134 - Rebellion or insurrection rebellion, the acts imputed to them were
performed as a means to commit the crime of
 People vs Almazan rebellion and in furtherance thereof.

400 Sakdals after fighting the Constabulary  The Hernandez ruling: It prohibits the
soldiers took possession of the municipal complexing of rebellion with other common
building and proclaimed the independence of crimes on the occasion, but not in furtherance
the Philippine Republic. The Constabulary thereof.
forces suppressed the uprising.
HELD: There is public uprising and taking  Acts committed in furtherance of rebellion
arms against the government when they fought though crimes in themselves are deemed
the Constabulary soldiers. By proclaiming the absorbed in one single crime of rebellion.
Philippine Independence, they removed the
locality under their control from the allegiance 22. Art. 136 – Conspiracy and proposal to commit
to the Government or its laws. coup d’etat, rebellion or insurrection

 Cariño vs People  US vs Fibueras et al

Accused was not a member of the Huks; he A witness, who testified for the prosection
merely sent or furnished cigarettes and food in a charge of conspiracy to commit
supplies to a Huk leader and helped the Huks rebellion, stated that he heard the accused
in opening accounts with the bank of which he in their conversation saying: … Our misery
was an official. is constantly increasing… When will the
HELD: Unlike in the crime of treason, the act authorities remedy them?
of giving comfort or moral aid is not criminal Is there conspiracy?
in the case of rebellion or insurrection. HELD: No, because (1) there was no
agreement concerning the commission of
22. Art. 134-A – Coup d’etat rebellion, and (2) there was no decision to
commit it.
23. Art. 135 – Penalty for rebellion, insurrection or
coup d’etat 23. Art. 137 – Disloyalty of public officers or
employees
 US vs Ravidas et al
24. Art. 138 – Inciting to rebellion or insurrection
Ravidas knew that there were insurgents in a
place called Manila, within the jurisdiction of 25. Art. 139 – Sedition
Agusan, of which he was municipal president.
It was his duty to report this fact to the senior  (1) To prevent the promulgation or
officer of the province, but he did not so. execution of any law or the holding of any
HELD: However reproachful of the silence of popular election; (2) To prevent any public
the defendant may be, it does not itself officer from freely exercising its or his
constitute the crime of insurrection. For a functions, or prevent the execution of any
public officer to be liable of rebellion, he must administrative order; (3) To inflict any act
take active part; mere silence or punishable. of hate or revenge upon the person or
property of any person in authority; (4) To
 People vs Cruz et al commit, for any political or social end, any
 act of hate or revenge against private
persons or any social class; (5) To despoil,
for any political or social end, any person,
or the National Government of all its
property or any part thereof.

 League vs People  People vs Cabrera et al

The accused contended that the crime A policeman posted on Calle Real had an
committed by him was only sedition, encounter with some constabulary soldiers,
because the uprising took place only in a resulting in the death of a constabulary
municipality, which was a small territory. private. This encounter engendered on the
HELD: What distinguishes sedition from part of the constabulary soldiers a desire
rebellion is the object or purpose of the for revenge against the police force in
uprising. Manila. They fired in the direction of the
intersection of Calles Real and Cabildo,
 People vs Umali killing a policeman and a civilian.
HELD: The crime committed is sedition.
On the eve of the election, at the house of The object of the uprising was to inflict an
Pasumbal’s father, then being used as his act of hate or revenge upon the persons of
electoral headquarters, Congressman the policemen who were public officers
Umali instructed Pasumbal to contact the and employees.
Huks through Commander Abeng so that
Punzalan would be killed… After waiting  US vs Lapus et al
for sometime, Abeng and his 50 armed
troops arrived. Congressman Umali, On the night of June 3, 1902, a band
holding a revolver, was seen in the composed of about 400 armed men, raided
company of Huk Commander Torio and the town, firing shots, yelling and
about 30 armed men. Then shots were frightening the inhabitants; the reason for
heard. Afterwards they saw Umali and his the uprising was that the rich people were
companions leave in the direction of loaning money at usurious terms to their
Taguan, by way of the railroad tracks. farm laborers, and when they were unable
HELD: Crime of sedition; the purpose of to pay, compelled their children to work
the raid and the acts of the raiders in rising for them as servants. The association was
publicly and taking up arms was to inflict called Santa Iglesia.
an act of hate or revenge upon the person HELD: The acts constitute the crime of
or property of a person in authority, sedition. Santa Iglesia performed acts of
namely, Punzalan, who was then the mayor hatred and vengeance against the
of Tiaong. authorities and wealthy people in the town
in which were put in practice and
 People vs Tahil and Tarson execution acts tending to such political-
social ends.
Commander Green, with a group of
soldiers, stationed himself about 50 meters  US vs Apurado
in front of the fort where he found a red
flag flying and demanded the surrender of While the municipal council was in
Datu Tahil. He did not receive any reply to session, some 500 residents of the town
his initiation and in turn, a group of armed assembled near the municipal building. A
Moros, attacked them but were repelled. large number of them crowded into the
HELD: Having resisted the judicial council chamber and demanded the
warrant of arrest by means of force and dismissal from office of the municipal
thereby prevented the officers, charged treasurer, the secretary, and the chief of
with the duty of arresting them, from police and the substitution of new officials
performing it, Datu Tahil and his men in their places.
committed the crime of sedition.
 HELD: They were prosecuted for sedition, tend to overthrow or undermine the
allegedly for having prevented the security of the government or to weaken
municipal government from freely the confidence of the people in the
exercising its functions. However, there government are against the public peace,
was no sedition because there was no and are criminal because they tend to incite
public and tumultuous uprising. a breach of peace; they are conducive to
the destruction of the government itself.

26. Art. 140 – Penalty for sedition  People vs Quimpo

27. Art. 141 – Conspiracy to commit sedition The defendant, during the meeting of the
special police under him, informed the
 There is no proposal to commit sedition members of the manhandling of some of
them by the members of the police force of
28. Art. 142 – Inciting to sedition Bacolod. He proposed throwing hand
grenades in certain places of the city, for
 People vs Perez (uttering seditious words) the purpose of teaching the police force of
the City a lesson.
The accused, municipal secretary, and HELD: The crime committed is inciting to
another person, happened to meet in the sedition; the act was intended as an act of
municipal building of Pilar, Sorsogon, and hate and revenge against the police force.
there they became engaged in a discussion
regarding the administration of the  Primicias vs Fugoso (1) clear and present
Governor General Wood; Perez then states danger rule
that Filipinos need to cut off Wood’s head
since he killed their independence. A political party applied for a permit to
HELD: The accused uttered seditious hold a public meeting but was denied. The
words. refusal was predicated upon fear that there
might be breach of the peace and of public
 People vs Nabong (uttering seditious order.
speech) HELD: The danger apprehended was not
imminent and the evil to be prevented was
At a necrological service on the occasion not a serious one.
of the death of a local communist leader,
the accused delivered a speech, in the  People vs Perez (2) dangerous tendency
course of which he criticized members of rule
the Contabulary.
HELD: The words used by the accused There is inciting to sedition when the
manifestly tended to induce the people to words uttered or published could easily
resist and use violence against the agents produce the disaffection among the people
of the Constabulary and to instigate the and a state of feeling in them incompatible
poor to cabal and meet together for with a disposition to remain loyal to the
unlawful purposes. Government and obedient to the laws.

 Espuelas vs People (scurrilous libel) 29. Art. 143 – Acts tending to prevent the meeting of
the Assembly and similar bodies
The accused had his picture taken, making
it appear as if he were hanging lifeless at  People vs Alipit et al
the end of a piece of rope suspended from
a tree. He sent copies of the photographs The election of the municipal president
and his suicide note to newspapers and was contested on the ground of minority.
weeklies of general circulation. He yielded the chair to the vice-president.
HELD: The letter is a scurrilous libel The meeting of the municipal council was
against the Government. Writings which stopped by the chief of police and the
 municipal president by arresting the vice- The accused, while being placed under
president and threatening the councilors arrest by 3 policemen, hit one of them in
with arrest if they would continue holding the breast with his fist. The policemen then
the meeting. seized the accused by the wrist, where he
HELD: Any stranger, even if he be the ceased to resist.
municipal president himself, must respect HELD: A simple blow to the breast with
the meeting of the municipal council the fist at the moment the accused is taken
presided over by the vice-president and he into custody is not direct assault.
has no right to dissolve it through violence.
30. Art. 144 – Disturbance of proceedings

31. Art. 145 – Violation of parliamentary immunity

 Parliamentary immunity does not protect  US vs Gumban

the members of the National Assembly
from responsibility before the legislative The accused wen to the municipal
body itself. president and protested to him that the
carabao of his brother was taken to the
32. Art. 146 – Illegal Assemblies police station for destroyed a planted area
owned by Suliano. The municipal
33. Art. 147 – Illegal Associations promised to intervene… Upon hearing the
statement of the mun. president, the
 People vs Ramos accused gave him a slap on the face
striking his left ear.
The Lapiang Sakdalista was declared an HELD: The accused committed direct
illegal association because it strived to stir assault qualified by the laying of hands
up dissatisfaction among the laboring upon the municipal president; person in
class, instigated them to break the laws and authority while in the performance of his
led them to blood riots; It was organized duties.
for the purpose of overthrowing the
government by force of arms, which is  People vs Francisco
rebellion.
A provincial fiscal was travelling to a
34. Art. 148 – Direct Assaults certain municipality to investigate a
witness in connection with a treason case
 US vs Dirain (1st form of Direct Assault) upon the instruction of the Solicitor
General. On the way, the accused, driving
The chief of police, accompanied by 4 a service truck, refused to give way to the
armed policemen, went to the house of the fiscal’s car. The accused refused to be
municipal president and compelled him by investigated and to show his driver’s
force to go to the municipal building, license. He then grabbed a rifle, cocked it,
where they kept him for 4 hours, because and pointed the same at the fiscal.
their salaries had been in arrears for some HELD: The fiscal at the time was seriously
time. intimidated in the act of discharging the
HELD: There is force in this case, but functions of his office, and therefore, in the
there is no public uprising. When the performance of his official duties.
accused, compelled by force the municipal
president to go with them to the municipal  People vs Yosoya
building and detained him there, they
inflicted an act of hate or revenge upon a In a special session of the municipal
public officer. council, while the accused councilor was
making a speech, the offended party,
 US vs Tabiana another councilor, wanted to take the floor
and the interruption caused by him was
disliked by the accused who went to his
 place and pushed down his shoulder to Hecto brothers slaughtered a carabao,
make him sit. Thereafter, the accused without paying the corresponding slaughter
threw upon him a flurry of blows which fee. Upon learning of the non-payment, the
ceased upon the offended party contusions brgy. Captain Catalino Pedrosa asked Jesus
and bruises on his face. Hecto to pay the fee…. A heated
HELD: At the time the quarrel took place, discussion ensued and the Hecto brothers
the two councilors descended to matters tried to attack Pedrosa. Mrs. Pedrosa was
which are of private nature, and at that able to pull her husband away and trouble
very moment they were not performing was averted… Pedrosa was stabbed by the
their duties. The accused is guilty of less Hecto brothers on his way home from his
serious physical injuries only. nephew’s house.
HELD: The attack on the deceased
(Pedrosa) was occasioned by the official
duties done by him. As the brgy. Captain,
 People vs Tilos et al it was his duty to enforce the laws and
ordinances within the barangay.
Upon instruction of the municipal
president, the creditors having complained 35. Art. 149 – Indirect Assaults
that the accused had not paid for their
fishing net, the chief of police went to the 36. Art. 150 – Disobedience to summons
beach where he found the accused in their
own boat with the fishing net, and 37. Art. 151 – Resistance and disobedience to a
commanded them to take the net to the person in authority or the agents of such person
municipal building. Because the accused
flatly refused, the chief of police become  US vs Ramayrat
excited and chased them and came to
blows with one of them as a result of The justice of the peace directed the sheriff
which both suffered physical injuries. to place the plaintiff in possession of the
HELD: The chief of police was not land involved in the complaint.
exercising the proper functions of his The accused was not willing to deliver to
office in attempting to seize the fishing net the plaintiff the land as he was directed to
from the accused inasmuch as the do so by the sheriff.
municipal president, in instructing him to Was the accused guilty of disobedience?
do so, exceeded his jurisdiction, not being HELD: The accused who was in
clothed with judicial power with regard to possession of the land may have been
the seizure of a disputed property. unwilling to deliver it, but such
unwillingness does not constitute an act of
 US vs Garcia disobedience. The disobedience
contemplated consists in the failure or
The justice of the peace who read the refusal to obey a direct order…. A person
decision he rendered in a civil suit heard cannot be guilty of disobedience to an
the accused, who was not a party in the order which is not addressed to him.
case, utter disrespectful and contemptuous
remarks…. When the justice of the peace  People vs Macapuno et al
started on his way home, the accused
followed him and struck him with a cane Major Raquidan of the Philippine
and slapped his face. Constabulary, was an agent of a person in
HELD: The accused committed direct authority; that the order he issued for the
assault, the crime being aggravated by the strikers to clear the road so as to maintain
fact that he laid hands upon a person in free passage.
authority. HELD: The defendants having obstructed
the free passage along the road from the
 People vs Hecto national highway to the Coca-Cola plant,
by lying on the road forming roadblocks…
The criminal intent to violate the law is
 manifest in the very act of lying on the
road and refusing to get out therefrom. 42. Art. 156 – Delivering prisoners from jail

38. Art. 152 – Persons in Authority and Agents of  People vs Del Barrio et al
Persons in Authority – who shall be deemed as such
A policeman assigned to the city jail as
 PA – Any person directly vested with a guard, who, while he was off duty,
jurisdiction, whether as an individual or as brought recently released prisoner
a member of some court or government inside the jail to substitute for a
corporation, board, or commission. A brgy. detention prisoner whom he later on
Captain and chairman shall also be deemed brought out of jail, returning said
a person in authority. prisoner inside the jail about 5 hours
 APA – Any person who, by direct thereafter, may be held liable for the
provision of law or by election or by crime of delivering prisoners from jail.
appointment by competent authority, is
charged with the maintenance of public
order and the protection and security of life
and property, such as a barrio councilman,
barrio policeman and barangay leader, and 43. Art. 157 – Evasion of service of sentence
any person who comes to the aid of
persons in authority.  People vs Abilong

39. Art. 153 – Tumults and other disturbances of Counsel for the accused contends that
public order person like the accused evading a
sentence of destierro is not criminally
40. Art. 154 – Unlawful use of means and liable for the reason that Art. 157
publication and unlawful utterances refers only to persons who are
imprisoned in a penal institution and
 People vs Arrogante completely deprived of their liberty.
HELD: Destierro is a deprivation of
Defendant distributed leaflets urging liberty, though partial.
the people to disobey and resist the
execution of that portion of the 44. Art. 158 – Evasion of service of sentence on the
National Defense Act requiring occasion of disorders, conflagrations, earthquakes,
compulsory military training. He was or other calamities.
convicted of inciting to sedition by the
trial court. 45. Art. 159 – Violation of conditional pardon
HELD: The crime is not inciting to
sedition. The acts charge with are  Infante vs Provincial Warden
subversive in nature and fall under Par.
2 of Art. 154: By encouraging A was convicted of murder and
disobedience to the la or to the sentences to 17 years, 4 months and 1
constituted authorities or by praising, day of reclusion temporal. After
justifying or extolling any act punished serving 15 years, 7 months and 11
by law, by the same means or by days, he was granted a conditional
words, utterances or speeches. pardon, the condition being that not
violate any of the penal laws of the
41. Art. 155 – Alarms and Scandals Philippines.
A was later found guilty of driving
without a license…When he was
 Charivari includes a medley of granted conditional pardon, only 1
discordant voices, a mock serenade of year, 6 months and 20 days of his
discordant noises made on kettles, tins, sentence remained to be served.
horns, etc., designated to annoy and HELD: A only had to observe the
insult. conditions of the pardon only within 1
 year, 6 months and 20 days. Thus, he 52. Art. 166 – Forging treasury bank notes or other
did not violate the conditional granted documents payable to bearer; importing, and
to him. uttering such false or forged notes and documents

46. Art. 160 – Quasi-recidivism  People vs Balmores

 People vs Bautista The accused was charged with having

falsified a genuine 1/8 unit of the
Suppose a convict serving sentence for Philippine charity Sweepstakes ticket
SPI killed another prisoner with for the June 1947 draw by tearing off
treachery and evident premeditation. at its bottom in a crosswise direction, a
Immediately the convict surrendered to portion, thereby removing the true and
the guard and during trial, pleaded unidentified number of said ticket and
guilty. What penalty should be substituting it with the number
imposed? 074000, the prize-winning number.
Death Penalty should be imposed. HELD: The accused was convicted of
Reason: Quasi-recidivism cannot be the complex crime of attempted estafa
offset by ordinary mitigating through falsification of an obligation
circumstances. or security of the Philippines because
TITLE FOUR – CRIMES AGAISNT he attempted to cash the ticket so
PUBLIC INTEREST altered as one with a prize-winning
number.
47. Art. 161 – Counterfeiting the great seal of the
Government of the Philippine Islands, forging the 53. Art. 167 – Counterfeiting, importing, and
signature or stamp of the Chief Executive uttering instruments not payable to bearer

48. Art. 162 – Using forged signature or counterfeit 54. Art. 168 – Illegal possession and use of false
seal or stamp. treasury or bank notes and other instruments of
credit
49. Art. 163 - Making and importing and uttering
false coins  People vs Casals et al

50. Art. 164 – Mutilation of coins Certain one-peso, ten-peso, and

twenty-peso treasury notes were so
51. Art. 165 – Selling of false or mutilated coin, made by pressing a genuine treasury
without connivance note against a coupon bond, saturated
with chemicals. Their appearance
 People vs Go Po carries an inherent impossibility for
anyone to accept them as genuine
A Chinese merchant was paid by money.
purchaser of goods in the former’s HELD: The act performed would have
store a false 50-centavo coin. He been an offense against persons or
placed it in his drawer. During a search property. Forging or falsification of
by some constabulary officers, the treasury notes is neither an offense
false coin was found in the drawer. against persons nor an offense against
May the Chinaman be convicted of property.
illegal possession of a false coin?
No, because Art. 165 requires that: (1) 55. Art. 169 – How forgery is committed
possession; (2) intent to utter; and (3)
knowledge that the coin is false. He  People vs Galano (Forgery Par. 1)
had no knowledge that the coin was
false. The accused admitted, during the
investigation at the police
headquarters, having written the word
“Victory” in ink at the back of the one-
 peso bill which he gave to Cruz as that he signed the name of one Regino
payment for the 4 balut-eggs. Sevilla, deceased, to a certain bill of
The one-peso paper bill is a genuine sale of a boat or barangay, the property
pre-war treasury certificate “payable to of the estate of the said Sevilla.
the bearer on demand” which, The accused attached the signature of
however, have been withdrawn from Sevilla to the document in question for
circulation. the purpose of defrauding Sevilla’s
HELD: The forgery here committed heirs, and depriving them of their
comes under this 1st paragraph of Art. property.
169 (By giving to a treasury or bank HELD: The crime committed could
note or any instrument payable to not be falsification under Par. 2 Art.
bearer or to order, the appearance of a 171, because it could not be made to
true and genuine document. appear that the deceased participated in
the execution of the document by
 US vs Solito (Forgery under Par. 2) signing it, since he did not know how
to write.
A received a treasury warrant, a check
issued by the Government. It was  People vs Villanueva
originally made payable to B or his
order. A wrote B’s name on the back There was a postal money order sent
of said treasury warrant as if B had from Hawaii in favor of Irene
indorsed it, and then presented it for Sanchez… Thereafter, there were 5
payment. postal money orders sent from
HELD: There was material alteration California in favor of Feliciano Isidro.
of a genuine document. The defendant postmaster signed 2
56. Art. 170 – Falsification of legislative documents documents admitting that he received
the money orders, forged the
57. Art. 171 – Falsification of public documents signatures of Sanchez and Isidro
thereon, collected and appropriated the
 US vs Corral respective amounts.
HELD: The documents were signed in
To cause the arrest of his common-law order to make it appear that they
wife who had left him and had gone to intervened in the execution thereof in
Corregidor, taking with her a trunk and the sense that they received the
a diamond ring, the accused simulated corresponding amounts; this is
a warrant of arrest by making it appear sufficient to constitute falsification of
that the same was signed and issued by public documents.
the authority when in truth and in fact
it was not. The accused sent it to the  US vs Capule
municipal president of Corregidor and
thereafter the woman was arrested. Capule, for the purpose of
When prosecuted for falsification of a appropriating to himself a tract of
public document, the accused coconut land, without the knowledge
contended that one can falsify only a or consent of the owners thereof, by
genuine document and that what he agreement and cooperation with the
falsified was no document at all. notary public who later died, prepared
HELD: It is not necessary that it be a and drew up a document setting forth
real document, it is enough that it be the sale in his favor of the said land.
given the appearance of a genuine HELD: The defendant executed upon
document. said notarial document of an official
character, acts constituting
 US vs Castro falsification, by counterfeiting therein
the intervention of the owners of the
The accused is charged with the land… ascribed statements different
falsification of a private document in from what they had made to him and
 by perverting the truth in the narration or previous convictions of a criminal
of facts. offense. In an investigation later
conducted, it was discovered that he
 People vs Yanza had a previous conviction of the crime
of theft.
The provincial fiscal filed an HELD: The prosecution has failed to
information charging the accused with point any law or ordinance imposing
falsification because in her certificate upon the defendant the legal obligation
of candidacy for the position of to reveal his previous conviction in
councilor, she had “willfully and filling the Personal Data Sheet.
unlawfully” made the false statement
that she was eligible to the office when  People vs Belgica
she knew full well that she was not.
HELD: When the accused certified she When the auditor examined the book
was eligible for the position, she of receipts of the accused, it was
practically wrote a conclusion of law noticed that there were signs of
which turned out to be inexact or alteration on the duplicate receipt in
erroneous but not entirely groundless; the portion corresponding to the date
hence, she is not guilty of falsification of issuance. Because of the alteration,
of a public document; Actual criminal the accused was able to make use of
intent to falsify is wanting in this case the money covered by the receipt
which should have been credited to the
public funds.
HELD: The accused is guilty of
falsification. Changing the date was
done to prevent the discovery of an
 People vs Quasha illegal appropriation of public funds.
 US vs Mateo; Arriola vs Republic
The accused was a lawyer who drafted
the articles of Incorporation of a public The defendant, a priest, was called on
utility corporation. In preparing it, the in the performance of his duties to
accused made it appear that Baylon execute an affidavit. When asked to
(his servant), was the owner 60% of produce his personal cedula, it was
the subscribed capital stocks. observed that the age therein had been
The falsification imputed to the aletered.
accused consisted in not disclosing in HELD: The accused is not guilty of
the articles of incorporation that falsification; he simply made the
Baylon was a mere trustee (dummy) of cedula speak the truth.
his American co-incorporators. To be an alteration in violation of the
HELD: The Constitution does not law, it must be one “which causes the
prohibit the formation of a public instrument to speak a language
utility corporation without the required different in legal effect from that
proportion of Filipino capital. which it originally spoke.”
For the mere formation of the
corporation, such revelation was not  People vs Romualdez
essential and the Corporation Law
does not require it. Defendant had no On the composition of a bar candidate,
obligation under the law to make it. the grades 73% in Civil Law and 64%
in Remedial Law were written by an
 People vs Poserio employee of the Supreme Court, after
striking out the grade of 63%
The defendant was appointed theretofore given to the composition in
patrolman of the Manila Police Civil Law and 58% theretofore given
Department. In his Personal Data to the composition in Remedial Law.
Sheet, he indicated that he had no past
 HELD: The acts of falsification are: 59. Art. 173 – Falsification of wireless, cable,
(1) making alterations on genuine telegraph, and telephone messages, and use of said
documents, (2) making it appear that falsified messages
the correctors had participated in
blotting out the grades and writing new 60. Art. 174 – False medical certificates, false
and increased grades opposite their certificates of merit or service, etc.
initials, and (3) attributing to the
correctors statements other than those 61. Art. 175 – Using false certificates
in fact made by them.
62. Art. 176 – Manufacturing and possession of
58. Falsification by private individuals and use of instruments or implements for falsification
falsified documents
63. Art. 177 – Usurpation of authority or official
 People vs Manansala functions

The trial court convicted the accused  People vs Hilvano

of the crime of falsification of official
or public document mainly on the When the Mayor of Samar, departed
proposition that “the only person who for Manila on official business, he
could have made the erasures is the designated the defendant councilor to
one who will be benefited by discharge the duties of his office.
alterations thus made” Later, during office hours of that same
HELD: The possessor of the falsified day, the VM went to the municipal
document is presumed to be the author building; and having found the
of the falsification. The accused had defendant acting in the place of the
the strongest temptation to erase the 3 Mayor, he served notices that he would
violations in the document and make it assuming the duties of the Mayor.
appear that he committed only 1 However, defendant refused to yield,
violation to escape a 4th infraction. arguing that he had been designated by
 Samson vs Court of Appeals the Mayor.
HELD: Defendant is guilty of Art.
Upon request of his former classmate, 171. In the beginning he might have
the accused endorse 2 PNB checks by pleadd good faith; but after he had
way of identification of the signatures been shown the letter of the Executive
of the supposed payees on the back Secretary and the opinion of the
thereof, even if he did not know them. Provincial Fiscal, he has no right
The checks were cashed by the wrong thereafter to stubbornly stick to the
persons who misappropriated the position.
proceeds thereof.
HELD: The accused committed estafa  People vs Lidres
through falsification of commercial
document by reckless imprudence. To fill up the vacancy expected to be
The accused did not take proper and created by the maternity leave of a
adequate means to assure himself of public school teacher, Diotay and
the identity of the real claimants as an defendant Lidres filled their respective
ordinary prudent man would do. applications as substitute teachers…
They were then recommended by the
 There is no complex crime of estafa supervising teacher to fill up the
through falsification of a private position… Thereafter, when Lidres
document: The immediate effect of obtained and gave a letter of
falsification of private document is the resignation for Diotay, the latter
same as that of estafa. refused to resign.

HELD: Examination of the discussion

of House Bill No. 126, which became
 Republic Act 10, discloses 67. Art. 181 – False testimony favorable to the
indisputably that said Act was really defendant
intended as an emergency measure, to
cope with the abnormal situation  People vs Reyes
created by the subversive activities of
seditious organizations at the time of The accused was the star witness in a
its passage in September 1946. Hence, prosecution for robbery against
the elimination of the element of Jemenia. Before the trial, the accused
pretense of official position required executed an affidavit in which he
under Art. 177 of the Revised Penal manifested that he was not interested
Code. in the prosecution of the case and that
he wanted to give the accused “a
And since it is neither alleged in the change to earn his living wisely and in
information nor proved during the trial the honest way.”… Trial ensued, when
that defendant is a member of a the accused was asked to identify
seditious organization engaged in Jemenia, he testified the he could not
subversive activities, he could not be remember anymore…
held liable or found guilty under said HELD: It is not necessary that the
provision of Republic Act No. 10. testimony given by the witness should
Under Rep. Act No. 379 then, the law directly influence the decision of
in force at the time of the commission acquittal. It is sufficient that it was
of the alleged offense by defendant, given with the intent to favor the
pretense of official position is an accused (in this case, Jemenia).
essential element of the crime of
usurpation of official functions. But  US vs Soliman
the information specifically charges
that defendant committed the offense A defendant, charged with estafa,
"without pretense of official position." testified falsely that the extrajudicial
Under the circumstances, the facts confession attributed to him was
alleged in the information fail to procured by the police by the use of
constitute an offense. force, intimidation and prolonged
torture. On the basis of his testimony,
64. Art. 178 – Using fictitious name and concealing he was acquitted.
true name HELD: The defendant who falsely
testified in his own behalf in a criminal
65. Art. 179 – Illegal use of uniforms or insignia case is guilty of false testimony
favorable to the defendant.
 People vs Romero
 People vs Ambal
The religious order of Daughters of St.
Paul was informed that a woman was On direct examination, the witness
roaming around alone asking for alms stated that the accused told him to get
for orphans in the name of said up for he had killed a person. On
organization. The woman was wearing cross-examination, the witness
the habit of the Daughters of St. Paul. changed his testimony and stated that
HELD: Accused is guilty of Art. 179; he did not hear clearly what the
an exact imitation of a uniform is accused said.
unnecessary. A colorful resemblance HELD: Rectification made
calculated to deceive the common run spontaneously after realizing the
of people – not those thoroughly mistake is not false testimony. The
familiar with every detail or accessory witness is not liable, there being no
thereof – is sufficient. sufficient evidence that he acted with
malice or with criminal intent to testify
66. Art. 180 – False testimony against a defendant falsely.
68. Art. 182 – False testimony in civil cases
 People vs Angangco
69. Art. 183 – False testimony in other cases and
perjury in solemn affirmation (PERJURY) In connection with an investigation
concerning anomalies in the
 People vs Cruz administration of the estate of a
deceased person, accused Angangco
The accused filled up an application defined certain signatures in writing
blank (Civil Service Form No. 2) for and later it was sworn to him before a
the patrolman examination. He stated notary. When the papers of the case
thereon that he had never been were forwarded to the City Fiscal and
accused, indicted or tried for violation later examined, accused later
of any law, ordinance or regulation repudiated his statement contained in
before any court, when in truth and in the affidavit.
fact, he had been prosecuted for HELD: It is sufficient that the oath had
different crimes. The application was been administered with a view of
signed and sworn to by him before the carrying into effect a legal purpose
municipal mayor of Cainta, Rizal. intended… There is now foundational
HELD: The crime committed is evidence to proceed against the
perjury; it is the willful and corrupt accused in his suspected acts of
assertion of a falsehood under oath or embezzlement of the estate of the
affirmation administered by authority deceased.
of law on a material matter.
70. Art. 184 – Offering false testimony in evidence
 People vs Banzil

Accused was an employee of the City

of Manila and administratively
charged with immorality upon the
complaint of the husband of the
offended woman. He testified that he
was single when in truth and in fact he
was married.
HELD: Single or married, the
appellant may be convicted of
immorality as a government employee
thus he was convicted of the crime of
perjury.
 People vs Abaya

The accused filed a petition for TITLE SIX – CRIMES AGAINST

voluntary insolvency. He included in PUBLIC MORALS
the inventory of properties attached to
the petition his undivided half interest
in certain parcels of land which had 71. Art. 200 – Grave Scandal
already been sold by the sheriff….
Both the schedule and the inventory 72. Art. 201 – Immoral doctrines, obscene
were under oath. publications and exhibitions, and indecent shows
HELD: The accused did not act with
malice. Since the land was still  People vs Sarte III
registered in his name… The accused
could not be expected to determine the In two issues of the tabloid “Weekly
property, from a legal point of view of Tribune,” there were photographs of a
the inclusion, merely stated a fact in man and woman appearing as in sexual
said inventory. intercourse, accompanied by a
 descriptive article designed evidently  Temporary performance of public
to emphasize the obscenity of said functions by a laborer makes him a
photograph. public officer
HELD: Appellant argues that sexual
indulgence is not in itself immoral. 75. Art. 204 – Knowingly rendering unjust
However, the moment they carry their judgment
private rights and privileges to public
scrutiny, they expose themselves to the  This penal article does not apply to
judgment of the public conscience – in members of a collegiate court (i.e CA
which the law may intervene. and SC) who reach their conclusions in
consultation and accordingly render
73. Art. 202 – Vagrants and prostitutes their collective judgment after due
deliberation
 Mendicancy and abetting mendicancy
are punished 76. Art. 205 – Judgment rendered through
negligence

77. Art. 206 - Unjust interlocutory order

78. Art. 207 – Malicious delay in the administration

of justice

79. Art. 208 – Prosecution of offenses; negligence

and tolerance

80. Art, 209 – Betrayal of trust by an attorney or

solicitor

81. Art. 210 – Direct Bribery

 US vs Richard

The court stenographer accepted a

promise of P100 from an individual
and promised to alter the notes taken
by him during the trial of a case. The
act which the stenographer promised to
do would constitute the crime of
falsification.
TITLE SEVEN – CRIMES COMMITTED HELD: It is not necessary that the
BY PUBLIC OFFICERS evidence shows an express promise;
Implied promise is sufficient.
74. Art. 203 – Who are public officers 82. Art. 211 – Indirect Bribery

 Any person who, by direct provision of  US vs Richards

the law, popular election or
appointment by competent authority, A veterinarian of the Board of
shall take part in the performance of Health, entrusted with the duty of
public functions in the Government or examining mules which were
shall perform in said Government or in offered for sale to the Government,
any of its branches public duties as an received a certain amount of money
employee, agent, or subordinate from the vendor of mules after the
official, of any rank or class. latter had received from the
Government the purchase of the
mules sold.
 HELD: There was no evidence to HELD: The accused did not intervene
the effect that the money was given in his capacity as secretary of the
for the purpose of preventing the Pension Board. He assumed the
veterinarian from doing or inducing obligation of O in his personal
him to do something pertaining to capacity.
his officer. He accepted the gift
offered to him by reason of his 89. Art. 217 – Malversation of public funds or
office. property

 People vs Pampalona  US vs Webster

P was an employee of the Manila The defendant was forage master,

Health Department assigned to having charge of the Government
prepare and follow up vouchers of forgage in the corral in Manila, subject
the employees who were laid off. to the orders of the quartermaster, who
Knowing that B was to be laid off, was directly responsible to the
P offered B to prepare his voucher Government therefor and without
for accumulated and terminal leave whose order no forage could be issued.
pay, on condition that the latter HELD: Defendant’s possession of the
would give the former P50, to property was not such as to render its
which B agreed. abstraction by him as malversation. He
HELD: P was without any right is guilty only of theft.
whatsoever to receive P50 for his
services, because he was an  People vs Longara and Cinco
employee of the government
assigned to do the work he Longara, the traveling deputy in the
performed for B. office of the Provincial Treasurer of
Samar, received for the Office of the
83. Art. 211-A – Qualified Bribery Provincial Treasurer the sum of
P30,000 in bills to be used in
84. Art. 212 – Corruption of public officials connection with the payment of the
teachers’ salaries of numerous
85. Art. 213 – Frauds against the public treasury municipalities.
and similar offenses Cinco introduced Longara to Henry
Dan, who lost no time in telling
86. Art. 214 – Other frauds Longara that he could counterfeit
genuine money bills…. Henry Dan
87. Art. 215 – Prohibited Transactions borrowed the money bills and assured
that the government money would be
lost… Henry Dan never showed up.
All the money was gone.
88. Art. 216 – Possession of prohibited interest by a HELD: When a private person induces
public officer a public officer in consenting public
funds to fall into the hands of a
 People vs Meneses swindler, he must be held equally
liable with such public officer for
V mortgaged his property to the malversation.
Pension Board. Later, V transferred the
properties with the encumbrance to O.  People vs Bernas
The accused was the secretary and
executive officer of the Pension Board. The defendant municipal treasurer
He acquired the properties from O and requisitioned 200 large sacks of Naric
assumed the obligation concerning the rice. As the rice was late in coming and
mortgage originally constituted by V. the people were clamoring for the
same, the defendant personally went to
 Romblon to follow up his requisition, Sergeant Dela Cruz upon orders of
but was able to obtain only 85 small Lieutenant Torres because of the sheer
sacks of the local variety…. Defendant volume of his work.
then requested authority from his HELD: To entrust a mere driver the
superiors to sell rice on credit; the delicate task of supervising the proper
latter, however, warned him that such delivery of big sums of money, is to
practice was not sanctioned by existing say the least, a proof of negligence and
regulations and to do so would be abandonment of his duties as a finance
defendant’s own risk. officer rather than of diligence
HELD: Although there was negligence expected of an officer of the Armed
exhibited by the defendant, the same is Forces of the Philippines.
excusable and attaches no criminal
liability.  US vs Feliciano

 People vs Pili A deputy auditor testified that he

inspected a certain municipality and
The defendant was the postmaster of found, upon examination, a shortage of
Coron, Palawan. He was accountable P53.05 in the case of the municipal
for public fuds, consisting of treasury; that at the moment when the
collections from telegraphic transfers, difference was discovered he notified
money orders, postal savings bank the treasurer, and the latter
deposits, and proceeds from the sales immediately took P53.05 from his
of stamps. His cash accountability was pocket and paid it.
short of P24,476. HELD: If, according to the officer who
For his defense, Pili states that the made the examination of the accounts,
warrants and checks were in his table at the very moment when the shortage
drawer instead of in his iron safe of P53.05 was discovered and the
because the petromax lamp he treasurer was notified he at once
normally uses to provide light went presented the money, no prima facie
out. evidence of the crime of
HELD: The accused was negligent in misappropriation can be established,
the performance of his duties. His nor any proof whatever that there was
negligence consisted in his failure to such misappropriation.
take the necessary precaution or zeal,
in returning the warrants and checks in 90. Art. 218 – Failure of accountable officer to
the combination safe in order to render accounts
safeguard them.
91. Art. 219 – Failure of a responsible public officer
to render accounts before leaving the country

92. Art. 220 – Technical Malversation

93. Art. 221 – Failure to make delivery of public

funds or property

 People vs Torres
94. Art. 222 – Officers included in the preceding
Torres was a First Lieutenant in the provisions
Philippine Army and was assigned as
special disbursing officer of the 22 nd  Private individuals who may be
Battalion Combat Team. It was his liable under Arts. 217 to 221
duty to collect the insurance premiums
and salary loans and remit the (1) Private individuals who, in any
collection to the GSIS…. Subsequent capacity whatever, have charge of
remittances were made only by any national, provincial or
 municipal funds, revenue, or president acceded to the prisoner’s
property. request for permission to eat better
(2) Administrator or depository of meals in his house. On all these
funds or property, attached, seized occasions, the prisoner was duly
or deposited by public authority, guarded.
even if such property belongs to a HELD: Leniency or laxity is not
private individual. infidelity

 US vs Rastrollo 96. Art. 224 – Evasion through negligence

In civil proceedings to obtain a  People vs Nava

preventive attachment to secure a
debt contracted by accused A policeman permitted a prisoner
Rastrollo, then a defendant, 1121 ft. under his guard to answer the call of
of hose, among other properties nature in a hidden shed outside of
belonging to said Rastrollo, was the building. The policeman
attached. The attached property remained near the prisoner by the
remained in the possession of door. The prisoner escaped through
Rastrollo who, with the consent of the back of the bath which was in a
the attorney for the plaintiff, sold tumbledown condition.
the same to the Manila Fire HELD: Not every little mistake or
Department. Rastrollo failed to distraction of a guard leading to the
deliver the proceeds of the sale to prisoner’s taking advantage of a
the attorney for the plaintiff dilapidated condition of the
immediately after selling the hose, building he finds in, in negligence.
and deposited the proceeds of the
sale in court after four (4) months 97. Art. 225 – Escape of prisoner under the custody
following the day the complaint was of a person not a public officer
filed against him for embezzlement,
(estafa) 98. Art. 226 – Removal, concealment, or destruction
HELD: The property alleged to of documents
have been misapplied was the
subject of a judicial deposit. This 99. Art. 227 – Officer breaking seal
gives the depository a character
equivalent to that of a public 100. Art. 228 – Opening of closed documents
official, and breach of his obligation
is similar to the violation of the  People vs Lineses
obligations imposed by public
office. 3 envelopes containing election
returns and addressed to the
provincial treasurer were handed by
the P.C. sergeant to the municipal
treasurer who put thereon sealing
wax. The municipal treasurer was
accused of opening the envelopes,
taking out the election returns
contained therein and later returning
them inside their respective
95. Art. 223 – Conniving with or consenting to envelopes.
evasion HELD: The accused did not
 People vs Evangelista actually become the custodian of 3
During his detention, the prisoner envelopes turned over to him by the
was allowed to eat in a restaurant P.C. sergeant and redelivered by the
near the municipal building. During accused to said sergeant after
the town fiesta, the municipal having applied sealing wax to the
 same. The envelopes were not
addressed to the accused. They were 113. Art. 242 – Disobeying request for
addressed to the Provincial disqualification
Treasurer and were on the desk of
the accused just for the period of 114. Art. 243 – Orders or requests by executive
time necessary to put thereon the officers to any judicial authority
sealing wax.
115. Art. 244 – Unlawful appointments
101. Art. 229 – Revelation of secrets by an officer
116. Art. 245 – Abuses against chastity
102. Art. 230 – Public officer revealing secrets of
private individual  US vs Morelos

103. Art. 231 – Open disobedience The appellant was in charge of the
prisoners, among them a woman, in
104. Art. 232 – Disobedience to order of superior the Tondo police station. He entered
officer, when said order was suspended by inferior the cell of the woman and had illicit
officer relations with her.
HELD: The accused is guilty of
105. Art. 233 – Refusal of Assistance abuses against chastity; proof of
solicitation is not necessary when
106. Art. 234 – Refusal to discharge elective office there is sexual intercourse.

107. Art. 235 – Maltreatment of Prisoners

 Punzalan vs People

The Mayor of the municipality of

Tiaong, Quezon, was accused of
maltreatment of a prisoner, by
assaulting, beating and striking the
abdomen, face, breast, and arms of
the latter with an automatic pistol
and his fists, for the purpose of
extorting a confession from him.
The prisoner was simply kept in the
Camp of the Philippine Ground
Force.
HELD: The mayor is not liable for
maltreatment of prisoner because he
does not have actual charge of the
prisoner.

108. Art. 236 – Anticipation of duties of a public

office

109. Art. 237 – Prolonging performance of duties

and powers
109. Art. 238 - Abandonment of office or position TITLE NINE-
CRIMES AGAINST PERSONS
110. Art. 239 – Usurpation of legislative powers
117. Art. 246 – Parricide
111. Art. 240 – Usurpation of executive functions
 People vs Recote
112. Art. 241 – Usurpation of judicial functions
 The husband, who, while struggling drew a fan knife he had in his
for the possession of the gun with pocket and pursued Martin
his children, without intent to kill Gonzales, although he did not
anyone, pulled the trigger of the gun succeed in overtaking him, and not
which exploded and hit his wife knowing where he had fled,
who was approaching them. returned to his house, where he
HELD: The husband is guilty of found his wife Teresa in the act of
parricide through reckless climbing the stairs. He then stabbed
imprudence. her several times. She died as a
result of the stabbing by the
118. Art. 247 – Death or physical injuries inflicted accused.
under exceptional circumstances
Held: The unfaithful wife was not
 US vs Alano killed in the very place where she
was caught, for the reason that the
Accused Alano, feeling tired, went wronged husband preferred first to
to bed, while his wife Teresa attack the despoiler of his honor and
Marcelo remained at the window afterwards the adulterous wife who
looking out and a little while succeeded in getting away from the
afterward told her husband that she place where she was caught with
would go down for a moment to the her paramour.
Chinese store nearby, which she
did. The assault upon the woman must
be understood to be a continuation
As Teresa Marcelo was slow in of the act of the wronged husband's
returning and her sick child was pursuit of her paramour, who had
crying, Eufrasio Alano left the the good fortune to escape and
house to look for her in the Chinese immediately get away from the
store situated on the corner of place of the crime.
Calles Dakota and Tennessee, and,
not finding her there, went to look Consequently, although the
for her in another Chinese store deceased did not fall dead in the
nearby, with the same result. He place where she was caught, but in
therefore started to return home another place nearby, logically it
through an alley where he tripped must be understood that the case at
on a wire lying across the way. bar comes within the provisions of
the said article.
He then observed as he stopped that
among some grass near a clump of The discovery, the escape, the
thick bamboo, a man was lying pursuit and the killing must all form
upon a woman in a position to hold part of one continuous act. (U.S. vs.
sexual intercourse with her, but they Vargas, et al., 2 Phil. 194)
both hurriedly arose from the
ground, startled by the noise made
by the defendant in stumbling.

Alano at once recognized the

woman as his wife, for whom he
was looking, and the man as Martin
Gonzales, who immediately started
to run. He was wearing an
undershirt and a pair of drawers,  People vs. Coricor
which lower garment he held and
pulled up as he ran. Enraged by When he was approaching the
what he had seen, the defendant room, the accused heard low voices.
 He looked through a hole into the HELD: Since either wound could
room and saw Lego on top of his cause the death of C, both are liable
(accused's) wife who was naked and each one of them is guilty of
from the chest down. Then he homicide. The burden of proof is on
unsheathed his bolo, slowly went up each of the defendants to show that
passing through the kitchen door, the wound inflicted by him did not
and as he was approaching the door cause the death.
of the room, Lego came out and he
gave him a thrust. Upon being  People vs Lewis
wounded, Lego jumped out of the
window, but the accused pursued A shot B with a revolver in the
and killed him. latter’s abdomen, inflicting a wound
that was mortal. B fell to the
Held: Art. 247 was applied and the ground, stunned for an instant, but
accused was sentenced to destierro soon got up and went into his
only. house. Soon afterward, B procured
a knife and, knowing that he would
119. Art. 248 – Murder die anyway, cut huis throat,
inflicting a ghastly wound, from the
120. Art. 249 – Homicide effect of which, he died in 5
minutes.
 People vs Castillo et al HELD: The contention of the
defense the B killed himself and
The accused pharmacist was not killed by A, is untenable.
compounded and prepared the When the death of B occurred, the
medicine on prescription by a wound inflicted by A did contribute
doctor. The accused erroneously to the event. B was actually dying
used a highly poisonous substance. when he cut his throat. Drop by
When taken by the patient, the latter drop the life current went out from
nearly died. The accused was both wounds.
charged with frustrated homicide
thru reckless imprudence.  Accidental homicide is the death of
HELD: It is error to convict the a person brought about by a lawful
accused of frustrated homicide act performed with proper care and
through reckless imprudence. He is skill, and without homicidal intent.
guilty of physical injuries through An example is a boxing bout/match.
reckless imprudence. The element
of intent to kill in frustrated 121. Art. 250 – Penalty for frustrated parricide,
homicide is incompatible with murder, or homicide
negligence or imprudence. Intent in
felonies by means of dolo is 122. Art. 251 – Death caused in a tumultuous affray
replaced with lack of foresight or
skill in felonies by culpa.  US vs Tandoc

 People vs Abiog A, assisted by some laborers, was

gathering tobacco… They saw 13
A shot C with a pistol. Almost men coming towards them and soon
immediately after A had shot C, B attacked them. 2 laborers were
also shot C with his gun. Both wounded…. One of the laborers
wounds inflicted by A and B were later died. There was no confusion
mortal. C was still alive when B in the aggression or the defense.
shot him. C died as a result of the The aggressors helped one another
wounds received from A and B, to inflict upon the deceased the fatal
acting independently of each other. blow. The quarrel here was between
2 well-known groups of men.
 HELD: The crime committed is not
death in a tumultuous affray. The  US vs Vedra
crime committed was homicide in
view of the death of one of the The accused, an unmarried woman,
laborers. The accused and their gave birth to a living child. She
companions were united in their hastily left the house, taking the
common purpose to attack. infant with her and in a place
nearby, buried the child…. The
 People vs Bandojo death of the child might have been
due to suffocation.
4 of the accused fought against 3 HELD: The proven clearly revealed
other persons; one of whom was her decided intent to kill the newly
mortally wounded, but it did not born child in order to conceal her
appear who inflicted the wounds. dishonor.
There was confusion in the fight.
The 4 accused did not help one  Only the (1) mother and (2)
another in attacking the injured maternal grandparents of the child
person. are entitled to the mitigating
HELD: The accused were guilty of circumstance of concealing the
death in a tumultuous affray; there dishonor.
was no unity of purpose and
intention among the persons who  The delinquent mother who claims
used violence. concealing dishonor must be of
good reputation.
123. Art. 252 – Physical injuries inflicted in a
tumultuous affray  US vs Aquino; US vs Vedra;
People vs Detablan
124. Art. 253 – Giving assistance to suicide
A woman gave birth to a child born
 The pregnant woman who suffers dead and lifeless. On account of the
an abortion due to the poison she darkness of the night… the lifeless
took to commit suicide should not body was deposited by the other
be held liable for the abortion that accused in a hole one meter deep.
resulted; attempting to commit HELD: Since the crime consists in
suicide is not an unlawful act. killing a child, the prosecution must
prove that the mother gave birth to a
 Euthanasia – is not lending living creature. A 6 month old fetus
assistance to suicide. A doctor who cannot subsist by itself.
results to mercy-killing of his There is no crime of infanticide
patient may be liable for murder. where the child was born dead, or
although born alive, it could not
125. Art. 254 – Discharge of firearms sustain an independent life when it
was killed.
 People vs Hinolan
127. Art. 256 – Intentional abortion
The accused fired his gun the
kitchen door and at the wall of the  People vs Detablan
house of the offended party. He did
not know that there were people A mother took a certain substance
inside. to abort her child.. The expelled
HELD: The accused violated Par. 1 fetus had acquired a human form
Art. 155 for they were intended to and was about 6 months old. But it
cause alarm; producing danger to did not have its own life,
the persons in the house. independently of the mother.
126. Art. 255 – Infanticide
 HELD: Abortion, not infanticide, 129. Art. 258 – Abortion practiced by the woman
was committed. If the fetus (1) herself or by her parents
could sustain an independent life, 130. Art. 259 – Abortion practiced by a physician
after is separation from the maternal
womb, and it (2) is killed, the crime 131. Art. 260 – Responsibility of participants in a
is infanticide. duel

128. Art. 257 – Unintentional abortion 132. Art. 261 – Challenging to a duel

 People vs Jose  People vs Tacomoy

A truck driven by Jose bumped a Nursing ill-feelings and moved by

calesa from behind causing the hatred, the accused challenged the
horse drawing it to stumble; and as offended party to a duel, inciting the
a result, the cochero and the latter to accept said challenge… He
passnegers were thrown from their later desisted upon seeing that the
seats. One of the passengers was 6 offended party had a companion.
months pregnant; she bumped her HELD: This is not challenging to a
abdomen against the front wall of duel, but only light threats under
the calesa when she was thrown off Art. 285, par.2
her seat….blood came out from her
vagina. 3 days later, she had an 133. Art. 262 – Mutilation
abortion.
HELD: The appellant Jose 134. Art. 263 – Serious physical injuries
committed the crime of
unintentional abortion through  The principal members are the eye,
reckless imprudence. hand, foot, arm, or leg.

 US vs Jeffrey  US vs Bugarin

The defendant, without any criminal The accused struck with his bolo
intent to cause the abortion, the offended party, severing the
maltreated Saguinsin, not knowing index and middle fingers of his
that she was preganant, as author of right hand. The offended party was
the abuse which caused the not rendered incapable of working
miscarriage. in the fields, his occupation, with
HELD: The Spanish Supreme Court the loss of his said fingers.
held that the there was no HELD: The offended party did not
unintentional abortion because the lose a principal member of his body
accused was unaware that the nor the use of the same.
victim was pregnant.

 People vs Genoves 135. Art. 264 – Administering injurious substance

or beverages
A, becoming angry with a pregnant
woman, struck her with his fisr, 136. Art. 265 - Less Serious physical injuries
cause her to fall to the ground… she
prematurely delivered one of her 137. Art. 266 – Slight Physical Injuries and
twin babies, the other not having Maltreatment
been born because the woman died.
HELD: This is a complex crime of 138. Art. 266 – A: RAPE, when and how committed
homicide with unintentional
abortion.  Jurisprudence dictates that the labia
majora must be entered for rape to
be consummated, and not merely
 for the penis to stroke the surface of HELD: Each of the two accused
the female organ (People vs should suffer two sentences.
Campuhan)
 People vs Jimenez
 People vs Laspardas
At first, the offended woman
shouted for help, struggled and The accused murdered two sisters.
kicked the accused, but the latter As the elder sister was dying, the
pressed a hunting knife at her accused had carnal intercourse with
throat, overcame her resistance, her. The prosecution characterized
fondled her and after removing her the two murders and rape as
drawers, succeeded in having sexual “double murder with rape” alleging
intercourse with her. in the information that the rape was
HELD: The force need not be committed on the occasion of the
irresistible. It need not be present murders.
and so long as it brings the desired HELD: This is the special complex
result, all considerations of whether crime of rape with homicide since
it was more or less irresistible is the victim was already at the
beside the point. threshold of death when she was
ravished. That bestiality may be
 Rape may be proved by the regarded either as a form of
uncorroborated testimony of the ignominy causing disgrace or as a
offended woman. form of cruelty.
The accused is guilty of two
 There is no crime of frustrated rape. separate murders.
The case of People vs Erinia
(frustrated rape) is a stray case,
139. Art. 266 - B: Penalties
 People vs Dayo; People vs
Caballero 140. Art. 266 – C: Effect of Pardon

Taking advantage of the fact that  Marriage extinguishes not only the
the woman was asleep, the accused penal action, but likewise the
entered upon the commission of the penalty that may be imposed.
act. When prosecuted for rape, the
accused contended that the woman 141. Art. 266 – D: Presumptions
consented because when she woke
up she made no resistance.
HELD: The crime had already been
consummated and the offended
party’s final consent, after she
realized the outrage perpetrated
against her, is not of the character to
exclude the concept of the crime of
rape.

 People vs Alfaro et al

While Alfaro was having sexual

intercourse with the offended girl,
Hernandez was threatening her with
his revolver, and when Hernandez
was lying with her, Alfaro was
pointing to her his revolver.