Professional Documents
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Criminal Law 2 Reviewer
Criminal Law 2 Reviewer
Lee, Won D.
- TREASON can be committed
both by Filipino citizens and a
foreigner temporarily residing in ARTICLE 118 –INCITING TO WAR OR
the Philippines. GIVING MOTIVES FOR REPRISALS
Elements:
- MISPRISION OF TREASON can
only be committed by a Filipino 1. That the offender performs
citizen who owes permanent unlawful or unauthorized acts by
allegiance to the Philippine the Philippine government.
government. It cannot be
committed by a foreigner residing 2. That the said act provokes or
in the Philippines. gives occasion for a war involving
or liable to involve the Philippines
ARTICLE 117 – ESPIONAGE or exposes Filipino citizens to
reprisals on their persons and
TWO WAYS OF COMMITTING property while they are in a
ESPIONAGE foreign country.
Lee, Won D.
- Under PD 532, piracy is 3. By carrying or loading on board a
committed by attacking or seizing PASSENGER AIRCRAFT
the vessel or seizing in whole or operating as a public utility in the
in part the cargo, equipment or Philippines materials or
personal belongings of the substances which are explosive,
members of the complement or flammable, corrosive or
passengers of the vessel poisonous
IRRESPECTIVE of the value
thereof, committed by means of 4. By shipping, carrying or loading
force and violence and committed on board a CARGO AIRCRAFT
by any person whether he may a operating as a public utility in the
member of the complement or Philippines materials or
passenger of the vessel or substances which are explosive,
strangers to the vessel BUT the flammable, corrosive or
vessel is on Philippine waters. poisonous in a manner not in
Therefore, for PIRACY UNDER accordance with the rules and
PD 532 to arise, it necessary that regulations of the Air
the vessel is on Philippine Transportation Office
waters.
Note: If the vessel is on the high seas, TITLE 2: Crimes against the
immediately rule out PD 532. Fundamental Law of the State
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Detention without legal grounds under AUTHORITIES WITHIN 12, 18 OR 36
Article 124 HOURS
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proceeding upon a petition for the 1. The offender is a public officer or
liberation of such person. employee
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surreptitiously entered the 5. The said search warrant must
dwelling specifically state the place to be
searched and the thing to be
ARTICLE 129 – SEARCH WARRANTS seized.
MALICIOUSLY OBTAINED AND
ABUSE IN THE SERVICE OF THOSE Note: A search warrant is valid only for a
LEGALLY OBTAINED period of 10 days from the date of its
issuance appearing on the search
1. By procuring a search warrant warrant.
without just cause
2. By exceeding his authority or by ARTICLE 130 – SEARCHING
using unnecessary severity in DOMICILE WITHOUT WITNESSES
executing a search warrant
legally procured Elements:
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2. The offender committed any of any religion that is about to take
the following acts: place or are going on.
a. By prohibiting or by 3. Then there is a religious
interrupting, dissolving, ceremony or manifestations of
without legal ground, the any religion that is about to take
holding of a peaceful place or are going on.
meeting, or by dissolving
the same. (any peaceful Note: It is a QUALIFYING
meeting) CIRCUMSTANCE if the offender makes
b. By hindering any person use of violence or threats in committing
from joining any awful the crime, such use of violence or
association or from threats would not constitute a separate
attending any of its and distinct charge. Rather it is
meetings. considered as an aggravating or
c. For the crime to arise, it is qualifying circumstance which would
necessary that the mean an imposition of a higher penalty
meeting that was
prevented, interrupted or ARTICLE 133 – OFFENDING THE
dissolved must be a RELIGIOUS FEELINGS
peaceful meeting and it
must be for any lawful Elements:
purpose. If the meeting is 1. Committed by a public officer or
not a peaceful meeting or employee or a private individual.
if the meeting is not for 2. That the acts must be notoriously
lawful purpose, a public offensive to the feelings of the
officer or employee has all faithful.
the rights to prevent, 3. The said offender performs acts:
interrupt or dissolve the a. In a place devoted to
said meeting. religious worship
b. During the celebration of
any religious ceremony.
III. TITLE 3: Crimes against
ARTICLE 132 – INTERRUPTION OF Public Order
RELIGIOUS WORSHIP
ARTICLE 134 - REBELLION OR
Elements: INSURRECTION
1. This is committed by an offender
who is again a public officer or Elements:
employee.
2. Then there is a religious
ceremony or manifestations of
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1. That there must be (a) public e. Other facilities needed for
uprising, and (b) taking up arms the exercise and continued
against the Government possession of power
2. That the purpose of the uprising
or movement is either ARTICLE 135 – PENALTY FOR
a. To remove from the REBELLION, INSURRECTION, OR
allegiance to said COUP D’ETAT
Government or its laws:
Who are liable:
i. The territory of the
Philippines or any - THE LEADERS – Any person
part thereof who:
ii. Any body of land, o Promotes
naval or other o Maintains
armed forces o Heads a rebellion or
b. To deprive the Chief insurrection
Executive or Congress,
wholly or partially, of any - THE PARTICIPANTS – Any
their powers or person who:
o Participates-
prerogatives
o Executes the commands
of others in rebellion or
ARTICLE 134-A – COUP D’ETAT insurrection
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proposes its execution to another representations tending to the
person it is necessary that the same end.
other person would not agree, if
that person agree, then it is ARTICLE 139 – SEDITION
already conspiracy to commit
rebellion Elements:
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punished by law, by the same
Acts punished: means or by words, utterances or
speeches
1. Causing any serious 3. By maliciously publishing or
disturbances in a public place, causing to be published any
office or establishment official resolution or document
2. Interrupting or disturbing without proper authority, or
performances, functions or before they have been published
gatherings, or peaceful meetings, officially.
if the act is not included in Arts. 4. By printing, publishing, or
131 and 132 distributing (or causing the same)
3. Making any outcry tending to books, pamphlets, periodicals, or
incite rebellion or sedition in any leaflets which do not bear the real
meeting, association, or public printer’s name or which are
place classified as anonymous.
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.
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Elements:
1. That the offender is a convict by 2. Conditional Pardon which
final judgment who is confined in partially extinguishes criminal
a penal institution. liability
2. That there is a disorder resulting
from –
a. Conflagration ARTICLE 160 – COMMISSION OF
b. Earthquake ANOTHER CRIME DURING SERVICE
c. Explosion OF PENALTY IMPOSED FOR
d. Similar catastrophe ANOTHER PREVIOUS OFFENSE
e. Mutiny in which he has not
participated Elements:
1. The offender was already
3. That the offender evades the convicted by final judgment of
service of his sentence by leaving one offense
the penal institution where he is 2. He committed a new felony
confined, on the occasion of such before beginning to serve such
disorder or during the mutiny. sentence or while serving the
4. That the offender fails to give same
himself up to the authorities
within 48 hours following the IV. TITLE 4: Crimes against
issuance of a proclamation by the public interest
Chief Executive announcing the
passing away of such calamity ARTICLE 161 – COUNTERFEITING
THE GREAT SEAL OF THE
ARTICLE 159 – EVASION OF GOVERNMENT OF THE PHILIPPINE
SERVICE OF SENTENCE BY ISLANDS, FORGING THE
VIOLATION OF CONDITIONAL SIGNATURE OR STAMP OF THE
PARDON CHIEF EXECUTIVE
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provincial board or municipal 3. That the said offender falsifies a
council document by committing any of
2. That the offender alters the same the following modes stated
3. That he has not proper authority
therein:
therefor
4. That the alteration has changed a. By counterfeiting or
the meaning of the document imitating any handwriting,
signature or rubric.
b. Causing it to appear that
persons have participated
in any act or proceeding
when they did not in fact
so participate.
c. Causing it to appear that
persons have participated
ARTICLE 171 – FALSIFICATION BY in any act or proceeding
PUBLIC OFFICER, EMPLOYEE, when they did not in fact
NOTARY PUBLIC, OR so participate.
ECCLESIASTICAL MINISTER d. Making untruthful
statements in a narration
Elements: of facts
1. The offender is a public officer, e. Altering true dates
employee, notary public, or an f. Making any alteration or
ecclesiastical minister intercalation in a genuine
document which changes
2. He takes advantage of his official its meaning
position g. Issuing in authenticated
o The offender is said to form a document
have taken advantage of purporting to be a copy of
his position or office when: any original document
He has the duty to when no such original
make or prepare or exists or including in such
to otherwise a copy a statement
intervene in the contrary to or different
preparation of the from that of the genuine
document original
He has the official h. Issuing in authenticated
custody of the form a document
document which he purporting to be a copy of
falsifies any original document
when no such original
exists or including in such
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a copy a statement 1. The document falsified is a
contrary to or different private one.
from that of the genuine 2. There is damage or intent
original to cause damage
3. He commits any of the act
4. In case the offender is an of falsification under Article
ecclesiastical minister, the act of 171 except paragraph 7
falsification is committed with (can be committed only by
respect to any record or a public officer).
document of such character that
the falsification may affect the 3. Use of falsified document
civil status of persons.
Elements: Note:
1. Offender is a private 1. If the act punished is uttering
person or a public officer fictitious, wireless, telegraph or
acting in his private telephone messages and
capacity falsifying wireless, telegraph or
2. Offender commits any act telephone messages, these can
of falsification under Article only be committed by a person
171. working in a department, agency
3. It must be done either in a or corporation which is engaged
public, official, or in a business of receiving and
commercial document sending wireless, telegraph and
telephone messages.
2. Falsification of private document 2. Using falsified wireless, telegraph
by any person or telephone messages, this time,
it can be committed by any
Elements: person
Lee, Won D.
ARTICLE 174 – FALSE MEDICAL implements for counterfeiting or
CERTIFICATES, FALSE falsification
CERTIFICATES OF MERIT OR 2. Possessing with intent to use the
SERVICE, ETC instrument or implements for
counterfeiting or falsification
- If the offender is a PHYSICIAN made in or introduced into the
OR SURGEON who issues a Philippines by another person.
false medical certificate in the
practice of his profession, he
becomes liable under Art. 174
- If a PUBLIC OFFICER who
issues a false certificate of merit,
service or good conduct, moral ARTICLE 177 – USURPATION OF
character, etc. AUTHORITY OR OFFICIAL
FUNCTIONS
- ANY PRIVATE INDIVIDUAL who
falsifies a medical certificate or
Acts punished:
certificate of merit or service or
1. Usurpation of authority is
good conduct shall be also
committed when a person
criminally liable.
knowingly and falsely represents
himself to be an officer or agent
ARTICLE 175 – USING FALSE
of any department of the
CERTIFICATE
Philippine government or agency
thereof or of a foreign
- The offender knows that the
government.
medical certificate or certificate of
2. There is usurpation of official
merit has been falsified and
function if any person performs
despite that knowledge, he
an act pertaining to a person in
makes use of the same.
authority or a public officer of the
Philippine Government or of a
foreign government or agency
ARTICLE 176 – MANUFACTURING
thereof, under pretense of official
AND POSSESSION OF
position, and without being
INSTRUMENTS OR IMPLEMENTS
lawfully entitled to do so.
FOR FALSIFICATION
ARTICLE 178 – USING FICTITIOUS
Acts punished:
NAME AND CONCEALING TRUE
1. Making or introducing into the
NAME
Philippines any stamps, dies,
marks or other instruments or
Acts punished:
1. USING FICTITIOUS NAME
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Elements: 1. That there be a criminal
1. The offender uses a name proceeding
other than his real name 2. That the offender testifies falsely
2. That he uses that fictitious under oath against the defendant
name publicly therein.
3. That the purpose of the 3. That the offender who gives false
offender is either testimony knows that it is false.
a. to conceal a crime 4. That the defendant against whom
b. to evade execution the false testimony is given is
of a judgment either acquitted or convicted in a
c. to cause damage to final judgment
public interest.
ARTICLE 181 – FALSE TESTIMONY
2. CONCEALING TRUE NAME FAVORABLE TO DEFENDANT
Elements:
1. The offender conceals: Elements:
a. his true name 1. There is a criminal proceeding
b. his true name 2. The offender testifies falsely in
2. That the purpose is favor of the defendant
only to conceal his 3. The offender knew that his
identity testimony is false.
Elements: Elements:
1. The offender makes use of 1. The testimony must be given in a
INSIGNIA, UNIFORM or DRESS civil case
2. That the insignia, uniform or 2. The testimony must relate to the
dress pertains to an office not issues presented in said case
being held by the offender or to a (relative or pertinent)
class of person of which he is not 3. The testimony must be false
a member. 4. The false testimony must be
3. That the said insignia, uniform or given by the defendant knowing
dress is used publicly and the same to be false
improperly. 5. The testimony must be malicious
and given with intent to affect the
ARTICLE 180 – FALSE TESTIMONY issues presented in the said case
AGAINST A DEFENDANT
Elements:
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ARTICLE 184 – OFFERING FALSE
TESTIMONY IN EVIDENCE
ARTICLE 183 – PERJURY
Elements:
PERJURY is the willful and deliberate 1. The offender offered in evidence
assertion of falsehood on a material a false witness or false testimony.
matter made before an officer duly 2. The offender knew the witness or
authorized to receive and administer the testimony was false.
oath. 3. The offer was made in a judicial
or official proceeding
Elements:
1. The accused made a statement ARTICLE 185 – MACHINATIONS IN
under oath or executed an PUBLIC AUCTIONS
affidavit upon a material matter
2 ways of committing perjury: Acts punished:
1. Makes a statement
under oath (he makes 1. SOLICITING GIFT OR PROMISE
a false testimony) Elements:
2. Executes an affidavit 1. There be a public auction
on a material matter (if 2. The accused solicited any
it is an affidavit, it is gift or a promise from any
also required under of the bidders
oath) 3. That such gift or promise
was the consideration for
2. The said statement under oath or his refraining from taking
affidavit was made before a part in that public auction.
competent officer duly authorized 4. The accused had the
to receive and administer oath intent to cause the
3. That in the said statement or reduction of the price of
affidavit, the offender makes a the thing auctioned.
willful and deliberate assertion of
falsehood 2. ATTEMPTING TO CAUSE
4. The said statement or affidavit BIDDERS TO STAY AWAY
containing falsity is required by Elements:
law.
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1. There be a public manufacturers, producer or
auction processors. The THIRD ACT
2. The accused attempted however, can be committed only
to cause the bidders to by manufacturers, processors,
stay away from that producers and importers who
public auction. combined with any other person
3. It was done by threats, or persons in order to commit a
gifts, promises or any transaction prejudicial to lawful
other artifice. commerce or to increase the
4. The accused had the market price of any merchandise
intent to cause the or object of commerce
reduction of the price of - Mere conspiracy in order to
the thing auctioned. restrain or to prevent free
competition will already give rise
ARTICLE 186 – MONOPOLIES AND to the crime. I
COMBINATIONS IN RESTRAINT OF
TRADE ARTICLE 187 – IMPORTATION AND
DISPOSITION OF FALSELY MARKED
Acts punished: ARTICLES
DELIVERY
SECTION 5 – SALE, TRADING,
- When the accused denies the
ADMINISTRATION, DISPENSATION,
existence of the said transaction.
DELIVERY, DISTRIBUTION AND
If the prosecution failed to
TRANSPORTATION OF DANGEROUS
present the poseur-buyer to
DRUGS AND/OR CONTROLLED
testify in court, it will amount to
PRECURSORS AND ESSENTIAL
the dismissal of the case.
CHEMICALS
SECTION 6 – MAINTENANCE OF A
Selling of Dangerous Drugs
DEN, DIVE, OR RESORT
- Act of giving away any dangerous
- Any person who maintains a den,
drug and/or controlled precursor
dive, or resort for the use of
and essential chemical whether
illegal drugs are liable under this
for money of any other
section.
consideration.
SECTION 7 – EMPLOYESS AND
VISITORS OF A DEN, DIVE, OR
Elements of sale of illegal drugs:
RESORT
1. The identity of the buyer and the
seller is established
- Employees who are aware of the
2. The corpus delicti and the price nature of the said den, dive or
must be established resort for the use and sale of
3. The drugs (corpus delicti) must dangerous drugs are also
be transferred from the hands of criminally liable.
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- Persons who are not employees
which knowingly visit the same SECTION 13 – ILLEGAL POSSESSION
place despite the knowledge of OF DANGEROUS DRUGS DURING
the nature of such den, dive, or PARTIES, SOCIAL GATHERINGS OR
resort are also criminally liable MEETINGS
- Any person was found in
SECTION 8 – MANUFACTURE OF possession of dangerous drug in
DANGEROUS DRUGS a party, social gatherings or
- The presence of any controlled meetings, or in the proximate
precursor and essential chemical company of at least two (2)
or laboratory equipment in the persons; the maximum penalty
clandestine laboratory is a prima prescribed by law shall be
facie evidence of manufacture of imposed, therefore this is
any dangerous drug. considered as aggravating
circumstance.
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immediately after seizure and - Any person convicted for drug
confiscation trafficking or pushing under this
1. conduct a physical inventory Act, regardless of the penalty
of the seized items and imposed by the Court, cannot
2. photograph the same in the avail of the privilege granted by
presence of the accused or the Probation Law or Presidential
the person/s from whom such Decree No. 968, as amended
items were confiscated and/or
seized, or his/her SECTION 25 – A POSITIVE FINDING
representative or counsel, FOR THE USE OF DANGEROUS
with an elected public official DRUGS SHALL BE A QUALIFYING
and a representative of the AGGRAVATING CIRCUMSTANCE
National Prosecution Service
or the media who shall be - A positive finding for the use of
required to sign the copies of dangerous drugs is a qualifying
the inventory and be given a circumstance will only apply if the
copy thereof crime committed by the said
offender is a violation of RA 9165
CHAIN OF CUSTODY RULE because only then can he be
- The duly recorded authorized subjected to a drug test.
movements and custody of
dangerous drugs from the time of SECTON 98 – LIMITED
confiscation/seizure to the receipt APPLICABILITY OF THE RPC
in the forensic laboratory to - The provisions of RPC, as
safekeeping to presentation in amended, shall not apply to the
court for destruction provisions of RA 9165.
- Ensure that the dangerous drug -
seized/confiscated from the Note: Exception to Section 98: If the
accused is the very same offender is a minor offender.
dangerous drug which has been
tested by the forensic chemist
and it is the very same
dangerous drug presented in
TITLE 6: Crimes against Public
court that is; there has been no Morals
substitution of evidence.
ARTICLE 200 – GRAVE SCANDAL
SECTION 24 – APPLICABILITY OF
THE PROBATION LAW FOR DRUG Elements:
TRAFFICKERS AND PUSHERS. 1. The offender performs an act or
acts
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2. Such act or acts be HIGHLY
SCANDALOUS as offending Note:
against decency or good customs - Only prostitutes are held liable.
3. That the highly scandalous
conduct is not expressly falling - Vagrancy has been
within any other article of this decriminalized by R.A. No. 10158
Code Prostitute:
4. The act or act complained of be - is any woman who, for money or
committed in a public place or profit, indulges in sexual
within the public knowledge or intercourse or lascivious conduct.
view So it is the work or job of a
woman
ARTICLE 201 – IMMORAL
DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS,
AND INDECENT SHOWS
Acts punished:
1. Public proclamations of doctrines
openly contrary to public morals
2. Publication of obscene literature.
In case of publication of obscene
literature, it is the author, the
editor, the owner or proprietor of
the establishment that sells the
said materials SHALL BE HELD
CRIMINALLY LIABLE.
3. The third act punished is the
exhibition of indecent shows,
plays, scenes or acts in fairs,
theaters, cinemas or any other
places
4. Selling, giving away or exhibiting
films,, engravings, sculptures or
literature which are offensive to
public morals.
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