Criminal Law 2 Reviewer

TITLE 1: Crimes against

National Security and the Law
Nations
ARTICLE 115 – CONSPIRACY AND
ARTICLE 114 – TREASON PROPOSAL TO COMMIT TREASON

Elements: - Conspiracy to commit treason –

meeting of two or more persons
1. The offender is by birth, a Filipino who come to an agreement to
Citizen or an alien residing in the commit treason and decide to
Philippines. commit it

2. That there is a war in which the - Proposal to commit treason – a

Philippines is involved. person has decided to commit
treason and proposes its
3. That the offender either— execution to other person or
persons.
o Levies war against the
Philippine government
ARTICLE 116 – MISPRISION OF
o Adheres to the enemies by TREASON
giving them aid or comfort
- Every person owing allegiance to
Proving treason under Article 114: the Government of the Philippine
Islands, without being a foreigner,
a. Two witness Rule and having knowledge of any
conspiracy against them,
b. Confession of the offender or conceals or does not disclose
accused made in an open court and make known the same, as
soon as possible to the governor
or fiscal of the province, or the
mayor or fiscal of the city which
he resides, as the case may be
shall be punished as an
accessory to the crime of
treason.

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 - 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.

1. By entering, without authority 3. He is not legally authorized to do

therefor, a warship, fort, or naval so
or military establishment or
reservation to obtain any Note: Committed in times of peace.
information, plans, photographs
or other data of a confidential ARTICLE 119 – VIOLATION OF
nature, relative to the defense of NEUTRALITY
the Philippines
Elements:
2. By disclosing to the
representative of a foreign nation 1. The crime is committed when
the contents of the articles, data there is a war but the Philippines
or information referred to in is not involved in the said war
paragraph No. 1 of art. 117,
which he had in his possession 2. The competent authority issued a
by reason of the public office he regulation for the purpose of
holds. enforcing neutrality among
Filipino citizens
Note: Espionage can be committed in
both times of peace and in times of war 3. The offender violates such
regulation imposed
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Note: There is a war but the Philippines 4. That going to the enemy country
is not involved in it. is prohibited by a competent
authority
ARTICLE 120 – CORRESPONDENCE
WITH HOSTILE COUNTRY Note: It can be committed by a Filipino
citizen or a foreigner. The law does not
Elements: require that he owes permanent
allegiance to the Government.
1. That it is in time of war in which
the Philippines is involved. Four crimes against the law of nations:

2. That the offender makes 1. Piracy

correspondence with an enemy
country or any territory occupied 2. Mutiny
by enemy troops.
3. Qualified Piracy
3. That the correspondence is either
— 4. Qualified Mutiny

a. Prohibited by the Philippine

Government ARTICLE 122 – PIRACY
b. Carried out in ciphers or
conventional signs Elements:
c. notice or information which
might be useful to the enemy 1. The vessel is on the high seas or
on Philippine waters.
ARTICLE 121 – FLIGHT TO ENEMY'S
COUNTRY 2. The offenders are not members
of the complement or passengers
Elements: of the vessel.

1. That there is a war in which the

Philippines is involved. 3. The offenders either:

2. That the offender must be owing a. The offenders either attack

allegiance to the Philippine or seize the vessel
Government.
b. The offenders either seize
3. That the offender attempts to flee in whole or in part the
or go to enemy's country. cargo, the equipment, or
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 the personal belongings of Defines terrorism as:
the passengers or
members of the - Engaging in acts intended to
complement. cause extensive interference
with, damage, or destruction to
ARTICLE 122 –MUTINY critical infrastructure;
- Engaging in acts intended to
Elements:
cause extensive damage or
destruction to a government or
1. The vessel is either on the high
public facility, public place, or
seas or on Philippine waters.
private property
2. The offenders are members of
the complement or passengers of - Engaging in acts intended to
the vessel cause extensive interference
with, damage, or destruction to
3. The offenders raise a commotion critical infrastructure
or disturbance on the board the
ship against the lawful command - Developing, manufacturing,
of the captain or the commander possessing, acquiring,
of the ship. transporting, supplying, or using
weapons
ARTICLE 123 – QUALIFIED PIRACY
- Releasing dangerous substances
Circumstances for qualified piracy or causing fire, floods or
explosions when the purpose is
1. Whenever the offender have to intimidate the general public,
seized a vessel by boarding or create an atmosphere to spread
firing upon the same. a message of fear, provoke or
influence by intimidation the
2. Whenever the offenders have government or any international
aband0ned their victims without organization, seriously destabilize
means of saving themselves or destroy the fundamental
political, economic, or social
3. Whenever the crime is structures in the country, or
accompanied by murder, create a public emergency or
homicide, physical injuries, or seriously undermine public
rape. safety.

RA 11479 Anti-Terrorism Law PD 532 Anti-Piracy Act

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 - 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

ARTICLE 124 – ARBITRARY

RA 6235 Anti-Hijacking Law
DETENTION BY DETAINING A
PERSON WITHOUT LEGAL GROUND
Four prohibited acts under RA 6235.
Elements:
1. By compelling the pilot of an
aircraft of Philippine registry to 1. That the offender is a public
change its course or destination officer or employee.
OR by seizing or usurping control Note: those who have been vested
thereof while it is in flight with authority to effect arrest and
detain a person or at least to cause
2. By compelling an aircraft of the detention of a person.)
foreign registry to land in
Philippine territory OR by seizing 2. That he detains a person.
or usurping control thereof while
the same is in Philippine territory 3. That the detention is without legal
ground.

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Detention without legal grounds under AUTHORITIES WITHIN 12, 18 OR 36
Article 124 HOURS

- When the said offended party Elements:

was arrested without a warrant of
arrest. 1. The offender here is a public
officer or employees vested with
- When the said offended party authority to effect arrest and
was arrested and his arrest and detain a person.
detention does not fall under any
of the circumstances of a valid 2. That offender has detained a
warrantless arrest. person for some legal ground

3. That the offender failed to deliver

- When he is not suffering from
the person arrested to the proper
violent insanity or any other
judicial authorities within 12, 18
ailment which requires
or 36 hours.
compulsory confinement.
Note: Delivery means constructive
Valid grounds for detention delivery or legal delivery, meaning, the
filing of the appropriate case before the
proper court. That is delivery to proper
- If the person was received and
judicial authorities - filing of the case
detained by virtue of a warrant of
before the proper court.
arrest.

ARTICLE 126 – ARBITRARY

- If a person was arrested and DETENTION BY DELAYING THE
detained under any of the
RELEASE OF PRISONERS DESPITE
circumstances for a valid
THE JUDICIAL OR EXECUTIVE
warrantless arrest
ORDER TO DO SO

- If a person was suffering violent Elements:

insanity or any illness which
requires compulsory
1. The offender is a public officer or
confinement.
employee

2. That there is a judicial or

ARTICLE 125 – ARBITRARY
executive order for the release of
DETENTION BY FAILING TO
the prisoner or detention
DELIVER THE DETAINED PERSON
prisoner, or that there is a
TO THE PROPER JUDICIAL

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 proceeding upon a petition for the 1. The offender is a public officer or
liberation of such person. employee

3. That the offender without 2. He was not authorized by a

good/valid reason delays judicial order to enter the dwelling
and/or make a search therein for
a. The service of the notice papers or other effects
of such order to the
prisoner 3. He either:

b. The performance of such a. Enters the dwelling of

judicial or executive order another against the will of
for the release of the the latter
prisoner b. Searching for papers or
other effects found therein
c. The proceeding upon a without the consent of the
petition for the release of owner
such person. c. After having surreptitiously
entered the dwelling, being
ARTICLE 127 – EXPULSION discovered and asked to
leave, he refuses to leave
Elements:
Different modes of violation of domicile:
1. Offender is a public officer or
employee a. By entering any dwelling against
2. The public officer or employee the will of the owner thereof
acts either: o Implied opposition – the
a. By expelling a person from door is closed, although it
the Philippines is not locked. I
b. By compelling a person to o Expressed prohibition –
change his residence when the owner is inside
3. Offender is not authorized to do the house and the officer
so by law knocks upon the door and
upon seeing the officer,
the owner closes the door.
b. By searching papers or other
ARTICLE 128 – VIOLATION OF effects found therein without the
DOMICILE previous consent of the owner
c. By refusing to leave the
Elements: premises, after having

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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:

Note: Search Warrant - is an order in 1. Offender is a public officer or

writing, issued in the name of the employee
People of the Philippines, signed by a 2. He is armed with a search
judge and directed to a peace officer, warrant legally procured
commanding him to search for personal 3. He searches the domicile,
property described therein and to bring papers, or other belongings of
to court the particular things to be any person
seized. 4. The owner or any member of his
family or two witnesses residing
Requisites to a valid search warrant: in the same locality are not
1. It is required that it is for one present
specific offense.
2. There must be probable cause Hierarchy:
3. The said probable cause was 1. Owner
determined by the issuing judge 2. Any member of his family
personally through searching 3. Two witnesses residing in the
questions and answers in writing, same locality
under oath or affirmation as the
testimony given by applicant of ARTICLE 131 – PROHIBITION,
the said search warrant or any INTERRUPTION AND DISSOLUTION
witnesses he may produce. OF PEACEFUL MEETINGS
4. The applicant of the search
warrant and his witnesses must Elements:
testify only as to facts personally 1. The offender is a public officer or
known to them employee

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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

Elements: ARTICLE 136 – CONSPIRACY AND

1. That the offender is a person or PROPOSAL TO COMMIT COUP
persons belonging to the military D’ETAT, REBELLION OR
or police or holding any public INSURRECTION
office or employment
2. That it is committed by means of - There is CONSPIRACY to
a swift attack accompanied by commit rebellion when two or
violence, intimidation, threat, more persons come into an
strategy or stealth agreement concerning the
3. That the attack is directed commission of rebellion (to rise
against: publicly and take arms against
a. Duly constituted the Government to any of the
authorities of the Republic purposes of rebellion) and decide
of the Philippines to commit it
b. Or any military camp or
installation
- There is PROPOSAL to commit
c. Communication networks
rebellion when a person who
d. Public utilities
decides to commit rebellion

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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:

ARTICLE 137- DISLOYALTY OF 1. That the offender rise (1) publicly,

PUBLIC OFFICERS OR EMPLOYEES and (2) tumultuously
2. That they employ force,
Elements: intimidation or other means
outside of legal methods
1. Offender must be a public officer 3. That the offenders employ any of
or employee. those means to attain any of the
2. Acts of disloyalty which are following objectives:
punished
a. To prevent the
a. By failing to resist a
rebellion by al the means promulgation or execution
in their power of any law or the holding of
b. By continuing to discharge any popular election
the duties of their offices b. To prevent the National
under the control of the Government, or any
rebels provincial or municipal
c. By accepting appointment
government, or any public
to office under them
officer thereof from freely
ARTICLE 138 – INCITING TO exercising its or his
REBELLION OR INSURRECTION functions, or prevents the
execution of any
Elements: administrative order
c. To inflict any act of hate or
1. It is committed by any person revenge upon the person
who does not take up arms or is or property of any public
not in open hostility with the officer or employee
Government d. To commit, for any political
2. He incites others to uprise for any or social end, any act of
of the purposes of rebellion hate or revenge against
(incite others to the execution of private persons or any
any of the acts of rebellion social class
3. By means of speeches, e. To despoil, for any political
proclamations, writings, or social end, any person,
emblems, banners or other municipality or province or
the National Government
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 of all its property or any 2. He incites others to uprise for any
part thereof. of the purposes of sedition
3. By means of speeches,
Note: There is a public uprising again proclamations, writings,
BUT NO TAKING UP OF ARMS but it is emblems, cartoon, banners, or
done tumultuously by means of force, other representation tending to
intimidation or any other means outside the same end.
the legal methods

ARTICLE 140- PENALTY FOR ARTICLE 143 – ACTS TENDING TO

SEDITION PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
Who are liable:
Elements:
a. Leader of the sedition - prision
mayor in its minimum period and 1. There is a there is a projected or
a fine not exceeding two million actual meeting of the Congress
pesos or constitutional committees or
b. Other persons participating in the provincial board or city or
sedition - prision correccional in municipal council or board
its maximum period and a fine 2. The offender, by means of force
not exceeding one million pesos
or fraud, prevents such meeting
ARTICLE 141 – CONSPIRACY TO
Note: The offender here is any person:
COMMIT SEDITION
he may be a private individual, public
officer or employee
- There is a crime of conspiracy to
commit sedition but not proposal
to commit sedition.
-
Note: A proposal to commit sedition is
not a punishable act under the RPC ARTICLE 144 – DISTURBANCE OF
PROCEEDINGS
ARTICLE 142 – INCITING TO
SEDITION Elements:

ELEMENTS: 1. There is a meeting of Congress

or of any of its committees or
1. The offender is not a participant subcommittees, constitutional
(does not take direct part) in the commissions or committees or
crime of sedition divisions thereof, or of any
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 provincial board or city or Congress or its committees or
municipal council or board subcommittees, constitutional
2. The offender either: commissions or committees or
a. disturbs any of such divisions thereof , from
proceedings expressing his opinions or
b. he behaves while in the casting his vote
presence of such
proceedings in such a 2. Penalty: Prision Correccional –
manner as to interrupt the can only be committed by a
proceedings or impair the public officer or employee who
respect due it. shall, while the Congress is in
regular or special session, arrest
Note: It is necessary that the offender, or search any member thereof,
who was present in the meeting, either except in case such member has
he disturbs the said proceeding, or while committed a crime punishable
being there, he performed an act which under this Code by a penalty
impair the respect due to them or which higher than prision mayor.
interrupted the said proceeding.
Elements:

1. Offender should be only a public

officer or employee and not any
individual because any individual
cannot make a search or arrest a
member of the Congress.
2. The offender arrests or searches
the member of Congress
3. At the time of the arrest, the
member of Congress, the
Congress must be in its regular
ARTICLE 145 – VIOLATION OF or special session.
PARLIAMENTARY IMMUNITY 4. The said member of Congress
has committed a crime which is
1. Penalty: Prision Mayor – not higher than Prision Mayor.
committed by any person who by
means of force, intimidation, ARTICLE 146 – ILLEGAL ASSEMBLY
fraud or threat, or any other
means and by said means, he Two kinds of Illegal Assembly\
tried to prevent any member of
the Congress either from 1. Any meeting attended by
attending any meeting of the armed persons for the
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 purpose of committing any
of the crimes punishable Two Kinds:
under the RPC
1. Associations totally or partially
Elements: organized for the purpose of
committing any of the crimes
1. That there be a meeting, a punishable under the Code.
gathering or group of persons, 2. Associations totally or partially
whether in fixed place or moving organized for some purpose
2. The meeting is attended by contrary to public morals
armed persons
3. The purpose of the meeting is to ARTICLE 148 – DIRECT ASSAULT
commit any of the crimes
punishable under the Code Two Forms:

2. Any meeting in which the 1. Without public uprising, by

audience, whether armed employing FORCE or
or not, is incited to the INTIMIDATION for the attainment
commission of the crime of of any of the purposes
treason, rebellion or enumerated defining the crimes
insurrection, sedition or of rebellion and sedition
assault upon a person in
authority or his agents Elements:

1. The offender employs

force or intimidation
2. AIM of the offender is to
attain any of the purposes
Elements: of the crime of rebellion or
any of the objects of the
1. There is a meeting, a gathering crime of sedition
or group of persons, whether in a 3. There is no public uprising
fixed place or moving
2. The audience, whether armed or 2. Without public uprising, by
not, is incited to the commission ATTACKING, by EMPLOYING
of the crime of treason, rebellion, FORCE, or by SERIOUSLY
or insurrection, sedition or direct INTIMIDATING or SERIOUSLY
assault RESISTING any person in
authority or any of his agents,
ARTICLE 147 – ILLEGAL while in the performance of
ASSOCIATIONS
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 official duties, or on the occasion the forms of direct assault
of such performance. defined in Article 148.
2. A person comes to the aid of
Elements: such agent
3. Offender makes use of force or
1. The offender intimidation upon such person
a. Makes an attack coming to the aid of the agent.
b. Employs force
c. Makes a serious ARTICLE 150 – DISOBEDIENCE TO
intimidation SUMMONS ISSUED BY THE
d. Makes a serious NATIONAL ASSEMBLY, ITS
resistance COMMITTEES OR SUBCOMMITTTES,
2. Requires that the BY THE CONSTITUTIONAL
assault is against a COMMISSIONS, ITS COMMITTEES,
person in authority or SUBCOMITTEES OR DIVISIONS
an agent of a person in
authority Acts punished:

QUALIFIED DIRECT ASSAULT 1. By refusing, without legal excuse,

to obey summons issued by the
Three circumstances: Congress or any of its extensions
or any of its standing committees
1. When the assault is committed by or subcommittees, by the
means of a weapon Constitutional Commissions, its
2. When the offender is a public committees, subcommittees or
officer or employee any other body which has the
3. When the offender lays hands power to issue summons
upon a person in authority 2. By refusing to be sworn or placed
under affirmation while being
Note: before such legislative or
COMPLEX CRIME OF DIRECT constitutional body or official.
ASSAULT- Whenever the crime of direct 3. By refusing to answer any legal
assault is committed, and there is a inquiry or to produce any books,
resulting felony. papers, documents, or records in
his possession, when required by
ARTICLE 149 – INDIRECT ASSAULT them to do so in the exercise of
their functions
Elements: 4. By refusing another from
attending as a witness in such
1. An AGENT of a person in legislative or constitutional body.
authority is the victim of any of
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 5. By inducing disobedience to a a. is engaged in the
summons or refusal to be sworn performance of official
by any such body or official. duty
b. gives a lawful order to
ARTICLE 151 – RESISTANCE AND the offender
DISOBEDIENCE TO A PERSON IN 2. The offender disobeys such
AUTHORITY OR THE AGENTS OF order of the agent
SUCH PERSON 3. Such disobedience is not
serious in nature
Two acts:
ARTICLE 152 – PERSONS IN
1. RESISTANCE AND SERIOUS AUTHORITHY AND AGENTS OF
DISOBEDIENCE PERSONS IN AUTHORITY

Elements Persons in authority:

1. The person in authority or his 1. Municipal Mayors
agent 2. Division Superintendent of
a. is engaged in the schools
performance of official 3. Public and private school
duty teachers
b. gives a lawful order to 4. Teacher-nurse
the offender 5. President of the sanitary division
2. Offender resists or seriously 6. Provincial Fiscal
disobeys such person in 7. Judges
authority or his agent 8. Lawyers in actual performance of
3. That such resistance or duties
disobedience will not amount 9. Sangguniang Bayan member
to 10. Barangay Chairman
a. direct assault
b. indirect assault Agents of persons in authority:
c. disobedience to - People charged with
summons issued by o The maintenance of public
Congress order;
o The protection and
2. SIMPLE DISOBEDIENCE security of life and
property
Elements:
1. An AGENT of a person in
authority ARTICLE 153 – TUMULTS AND
OTHER DISTURBANCES

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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.

ARTICLE 155 – ALARMS AND

SCANDALS
ARTICLE 154 – UNLAWFUL USE OF
MEANS OF PUBLICATION AND Acts punished:
UNLAWFUL UTTERANCES
1. Discharging any firearm, rocket,
Acts punished: firecracker, or other explosives
within any town or public place
1. By publishing or causing to be calculated to cause (which
published by means of printing produces) alarm or danger
lithography or any other means of
publication, as news any false Note: Discharging of firearms may result
news which may endanger the to different crimes depending on the
public order, or cause damage to intent of the offender
the interest or credit of the State. 1. If a firearm is discharged in a
2. By encouraging disobedience to public place intending to
the law or to the constituted cause alarm and danger –
authorities or by praising, Violation of Article 155 or
justifying or extolling any act Alarms and Scandals
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 2. If the firearm is discharged in 1. Violence or intimidation has been
a public place with the used in the commission of the
intention to kill a person even crime
if the person is not hit – 2. Bribery is used in delivering
Attempted homicide prisoners from jail.
3. If the discharge of the firearm
is aimed at a particular person
but there is no intent to kill – ARTICLE 157 – EVASION OF
Violation of Article 254 or SERVICE OF SENTENCE
Discharge of Firearms
Elements:
2. Instigating or taking an active part
in any charivari or other 1. That the offender is a convict by
disorderly meeting offensive to final judgment.
another or prejudicial to public 2. That he is serving his sentence
tranquillity which consists in deprivation of
3. Disturbing the public peace while liberty
wandering about at night or while 3. That he evades the service of his
engaged in any other nocturnal sentence by escaping during the
amusement. term of his sentence.
4. Causing any disturbance or
scandal in public places while PENALTY IS QUALIFIED if such
intoxicated or otherwise, provided evasion or escape takes place:
Art 153 is not applicable
1. By means of unlawful entry
ARTICLE 156 – DELIVERING 2. By breaking doors, windows,
PRISONERS FROM JAIL gates, walls, roofs or floors
3. By using picklocks, false keys,
Elements: disguise, deceit, violence or
intimidation
1. That there is a person confined in 4. Done through connivance with
a jail or penal establishment. other convicts or employees of
2. That the offender removes the penal institution
therefrom such persons, or
assisted in the escape of such ARTICLE 158 – EVASION OF
person SERVICE OF SENTENCE ON THE
OCCASION OF DISORDERS,
Penalty is qualified if: CONFLAGRATIONS,
EARTHQUAKES, OR OTHER
CALAMITIES

Lee, Won D.
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

Elements: Acts punished:

1. The offender was a convict
2. He was granted a conditional 1. Forging the Great Seal of the
pardon by the Chief Executive Government of the Philippines.
3. He violated any of the conditions 2. Forging the signature of the
of such pardon President.
3. Forging the stamp of the
Two Kinds of Pardon: President.

1. Absolute Pardon which totally

extinguishes the criminal liability
Lee, Won D.
ARTICLE 162 – USING FORGED 2. Importing or uttering such
SIGNATURE OR COUNTERFEIT SEAL mutilated coins, with the further
OR STAMP requirement that there must be
connivance with the mutilator or
Elements: importer in case of uttering
1. That the Great Seal of the
Republic was counterfeited or the
signature or stamp of the Chief
Executive was forged by another
person
2. That the offender knew of the
counterfeiting or forgery
3. That he used the counterfeit seal
or forged signature or stamp

ARTICLE 165 – SELLING OF FALSE

OR MUTILATED COIN, WITHOUT
ARTICLE 163 – MAKING AND CONNIVANCE
IMPORTING AND UTTERING FALSE
COINS Acts punished:

Elements: 1. Possession of coin, counterfeited

1. That there be false or or mutilated by another person,
counterfeited coins with intent to utter the same,
2. That the offender either made, knowing that it is false or
imported or uttered such coins mutilated
3. That in case of uttering such false Elements:
or counterfeited coins, he 1. Possession
connived with the counterfeiters 2. With intent to utter
or importers 3. Knowledge

ARTICLE 164 – MUTILATION OF 2. Actually uttering such false or

COINS mutilated coin knowing the same
to be false or mutilated.
Acts punished: Elements:
1. Mutilating coins of the legal 1. Actually uttering
currency, with the further 2. Knowledge
requirement that there be intent
to damage or to defraud another.
Lee, Won D.
ARTICLE 166 – FORGING TREASURY Elements:
OR BANK NOTES OR OTHER 1. That any treasury or bank note or
DOCUMENTS PAYABLE TO certificate or other obligation and
BEARER; IMPORTING, AND security payable to bearer, or any
UTTERING SUCH FALSE OR instrument payable to order or
FORGED NOTES AND DOCUMENTS other document of credit not
payable to bearer is forged or
Acts punished: falsified by another person.
1. Forging or falsification of treasury 2. That the offender knows that any
or bank notes or other documents of those instruments is forged or
payable to bearer. falsified.
2. Importation of such false or 3. That he performs any of these
forged obligations or notes. acts:
3. Uttering of such false or forged a. Using any of such forged
obligations or notes in or falsified instruments
connivance with the forgers or b. Possessing with intent to
importers. use any of such forged or
falsified instruments.

ARTICLE 167 – COUNTERFEITING, ARTICLE 169 – HOW FORGERY IS

IMPORTING, AND UTTERING COMMITTED:
INSTRUMENTS NOT PAYABLE TO
BEARER 1. By giving to a treasury or bank
note or any instrument payable to
Elements: bearer or to order mentioned
1. That there be an instrument therein, the appearance of a true
payable to order or other and genuine document.
document of credit not payable to 2. By erasing, substituting,
bearer. counterfeiting, or altering by any
2. That the offender either forged, means the figures, letters, words,
imported or uttered such or sign contained therein
instrument.
3. That in case of uttering, he ARTICLE 170- FALSIFICATION OF
connived with the forger or LEGISLATIVE DOCUMENTS
importer
Elements
ARTICLE 168 – ILLEGAL
POSSESSION AND USE OF FALSE 1. That there he a bill, resolution, or
ordinance enacted or approved
TREASURY OR BANK NOTES AND
or pending approval by either
OTHER INSTRUMENTS OF CREDIT House of Congress, or any

Lee, Won D.
 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
Lee, Won D.
 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.

ARTICLE 173 – FALSIFICATION OF

ARTICLE 172 – FALSIFICATION BY WIRELESS TELEGRAPH AND
PRIVATE INDIVIDUALS AND USE OF TELEPHONE MESSAGES
FALSIFIED DOCUMENTS
Punishable acts:
Three punishable acts: 1. Uttering fictitious, wireless,
telegraph or telephone message
1. Falsification of a public, official or 2. Falsifying wireless, telegraph or
commercial document by a telephone message
private individual 3. Using such falsified message

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
Lee, Won D.
 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.

ARTICLE 179 – ILLEGAL USE OF ARTICLE 182 – FALSE TESTIMONY

INSIGNIA, UNIFORM, OR DRESS IN CIVIL CASES

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:
Lee, Won D.
 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.
Lee, Won D.
 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

1. COMBINATION TO PREVENT Elements:

FREE COMPETITION IN THE 1. The offender IMPORTS, SELLS
MARKET or DISPOSES any article or
2. MONOPOLY TO RESTRAIN merchandise made of gold, silver,
FREE COMPETITION IN THE other precious materials, or their
MARKET alloys
3. MANUFACTURER, PRODUCER, 2. That the STAMPS, BRANDS, or
OR PROCESSOR OR MARKS of those articles or
IMPORTER COMBINING, merchandise FAIL TO INDICATE
CONSPIRING OR AGREEING the actual fitness or quality of
WITH ANY PERSON TO MAKE said metals or alloys
TRANSACTIONS PREJUDICIAL 3. That the STAMPS, BRANDS, or
TO LAWFUL COMMERCE OR MARKS of those articles or
TO INCREASE THE MARKET merchandise FAIL TO INDICATE
PRICE OF MERCHANDISE the actual fitness or quality of
said metals or alloys
Note:
- The first two acts under Article TITLE 5: RA 9615
186 can be committed by any
Comprehensive Dangerous
person and not necessarily by
Drugs Act as amended by RA
Lee, Won D.
10640 and its Implementing the buyer to the hands of the
Rules and Regulations seller.

Another act punished under Section 5 is

SECTION 4 – IMPORTATION OF
the act of delivering dangerous drugs.
DANGEROUS DRUGS AND/OR
CONTROLLED PRECURSORS AND
General rule: The testimony of the
ESSENTIAL CHEMICALS
poseur-buyer is not indispensable in a
case of illegal sale of dangerous drugs.
- Committed by person, who,
unless authorized by law, shall Exception: When the accused denies
import or bring into the the existence of the said transaction. If
Philippines any dangerous drug, the prosecution failed to present the
regardless of the quantity and poseur-buyer to testify in court, it will
purity involved. amount to the dismissal of the case.

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.

Lee, Won D.
 - 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.

SECTION 15 – ILLEGAL USE OF

DANGEROUS DRUGS

SECTION 11 – ILLEGAL POSSESSION Elements:

OF DANGEROUS DRUGS 1. That the offender has been
apprehended or arrested for the
Elements: commission of a crime
1. The offender is found in 2. The said offender is subjected to
possession of any item identified a drug test
to be drugs 3. After a confirmatory test, he was
2. He is not authorized by law to found positive for use of
possess the same dangerous drugs
3. That he freely and consciously
possesses the said dangerous SECTION 21 – PROCEDURE IN THE
drugs SEIZURE AND CONFISCATION OF
DANGEROUS DRUG (RA 10460)
SECTION 12 - ILLEGAL POSSESSION
OF DRUG PARAPHERNALIA - The apprehending team having
- If a person was found in initial custody and control of the
possession of a drug dangerous drugs, controlled
paraphernalia, the law presumed precursors and essential
that he used dangerous drugs, to chemicals,
administer dangerous drugs for instruments/paraphernalia and/or
himself. laboratory equipment shall,

Lee, Won D.
 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

Lee, Won D.
 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.

ARTICLE 202 – VAGRANTS AND

PROSTITUTES

Lee, Won D.