CRIMINAL LAW II REVIEWER | SMAR NOTES

TITLE 1 – CRIMES AGAINST NATIONAL SECURITY AND LAWS OF NATION

SECTION ONE – TREASON AND ESPIONAGE
Art. 114 – Treason
What is treason?
 Treason is a breach of allegiance to a government.
 Committed only by a person who owes allegiance to such government.
What are the elements? (A-W-L-A)
1. Any Filipino citizen OR an alien residing in the Philippines.
2. There is a war in which the Philippines is involved.
3. The offender either:
a. Levies war against the government;
b. Adheres to the enemies AND giving them aid or comfort
1ST ELEMENT: Any Filipino Citizen or an alien residing in the Philippines
 Filipino citizens as they owe permanent allegiance to the Philippines.
 Aliens, because of their presence in our country, they owe temporary allegiance.
 Both are accorded with the same protection from PH government.
o Allegiance is the obligation for fidelity and obedience which the individual owes to his
government or to his sovereign in return for the protection which he receives.
2ND ELEMENT: There is a war in which the Philippines is involved
 Treason is a war crime.
 It is punished by the state as a measure of self-defense and self-preservation,
3rd ELEMENT: levies war against the government
 Requires concurrence of two things:
o There be an actual assembling of men AND
o for the purpose of executing a treasonable design by force
 The levying of war must be directed against the government.
o The intent must be to overthrow the government, NOT merely to resist a statute or to
repel an officer.
o It is not necessary that those attempt to overthrow the government by force of arms
should have the apparent power to succeed.
o EXCEPT: To inflict hate or revenge upon persons of public officers do not commit
treason by levying war because the public uprising is not directed against the
government.
o Levying war as an act of treason must be for the purpose of executing a treasonable
design by force.
o Levying war must be in collaboration with a foreign enemy.
3rd ELEMENT: adheres to the enemy AND giving of aid and comfort
 They must concur together.
o Example: Giving information to, or commandeering foodstuff for the enemy is evidence
of both adherence and aid or comfort.
 Adheres to the enemy must have the intent to betray.
 There is adherence to the enemy when a citizen intellectually or emotionally favors the enemy.
 Aid or comfort means an act which strengthens or tends to strengthen the enemy in the conduct of
war against the (his/her/traitor’s) own country.
 Adherence alone, without giving the enemy aid or comfort, does not constitute treason.
Note:
 There is no complex crime of treason with murder, physical injuries, etc. because the SC held that
these crimes are inherent in the crime of treason.
o PROVIDED: Such other crimes were committed in furtherance of treason. If not,
then it can be a separate crime.
 Treason by Filipino citizen can be committed outside of the Philippines.
 Treason by an alien must be committed in the Philippines.
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 Treason is a continuous offense.
How to convict the accused for treason:
 All elements must be present. (A-W-L-A)
 GENERAL RULE: Two-witness rule = No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act.
o it is enough that the witnesses are uniform in their testimony. It is not necessary that there
be corroboration between them.
o EXCEPTION: Adherence to the enemy need not be proved by 2 witnesses because what
is designed in the mind of the accused never is susceptible of proof by direct testimony.
 Accused may also be convicted upon his confession in open court.
o Confession means a confession of guilt or a plea of guilty before the judge.
o Extrajudicial confession is not sufficient to convict.
Not accepted defense of the accused:
 Suspended allegiance
o A citizen owes an absolute and permanent allegiance to his government
 Change of sovereignty
o The sovereignty of the government is not transferred to the enemy by mere occupation.
 Loss of citizenship by joining the army of the enemy.
Reason for acquittal:
 Absence of at least one element (A-W-L-A)
 If only one of the two witnesses is believed by the court.
Penalty:
 The following will determine the period of the penalty to be imposed:
1. Amount or degree of aid or comfort given
2. Gravity of the separate and distinct acts of treason
 Article 64 - Rules for the application of penalties which contain three periods IS NOT
STRICTLY APPLIED.

Art. 115 – Conspiracy and proposal to commit treason

What is conspiracy to commit treason?
 When in times of war, two or more persons, come to an agreement to commit acts of treason and
decide to commit it.
What is proposal to commit treason?
 When in times of war, a person has decided to commit acts of treason and proposes its execution
to others.
What is the essence of this crime?
 The reason is that in treason the very existence of the state is endangered if a person conspired or
proposed such crime.
Note to remember
 Two-witness rule does not apply because this is a distinct and separate offense from that of
treason.
Penalty
 Prision mayor and a fine of not exceeding 10,000.00 pesos.
 Prision correccional and a fine of not exceeding 5,000.00 pesos.

Art. 116 – Misprision of treason

What is the essence?
 It is the failure of a citizen to report as soon as possible a conspiracy, which comes to his
knowledge, against the government. But there must be a war in which the Philippines is involved.
The offender shall be “punished as an accessory to the crime of treason.”
Elements: (A-K-C-Proper authority)
1. Offender must be owing allegiance to the government, and not a foreigner.
2. Offender has a knowledge of any conspiracy (to commit treason) against the government.
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3. But he conceals or does not disclose and
4. Make known the same as soon as possible to the governor or fiscal of the province or the mayor
of fiscal of the city of which he resides.
What are the ways to commit?
 Misprision of treason cannot be committed by a resident alien.
 Misprision of treason does not apply when the crime of treason is already committed by someone
and the accuses does not report its commission to the proper authority.
Note to remember
 The offender in misprision of treason is punished as an accessory to treason (Art. 114).
 The offender is, however, the principal in the crime of misprision of treason.
 General rule: Article 19, a person who keeps silent as to what he knows about the perpetration of
an offense is not criminally liable, either as a principal, as an accomplice or as an accessory.
 Except: Article 116 – Misprision of treason.
Penalty:
 Two degrees lower than that provided for treason.

Art. 117 – Espionage

What is espionage?
 Espionage is the offense of (G-T-L) gathering, transmitting or losing information respecting the
national defense with intent or reason to believe that the information is to be used to the injury of
the Philippines or to advantage of any foreign country.
What are the ways to commit?
1st:
o To obtain any information, plans, photographs or other data of a confidential in nature
relative to the defense of the Philippines, by entering, without authority, on the following
places: (WaFoNa -MiRe)
a. Warship
b. Fort
c. Naval establishment
d. Military establishment
e. Or reservation
Elements: (En-NO-Ob)

1. Offender enters any of the places mentioned.

2. He has no authority.
2nd: 3. His purpose is to obtain (PPID) information, plans, photographs or other data of a
confidential nature to the defense of the Philippines.
o By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred to in paragraph 1 of Art. 117, which he had in his possession by
reason of the public office he holds.
Elements: (Pu-Po-Dis)

1. Offender is a public officer.

2. By reason of his office, he has in his possession the articles, data, or information
referred to in paragraph 1 of Art. 117.
3. He discloses the contents to a representative of a foreign nation.

Note to remember
 Offender must have the intention to obtain information relative to the defense of the Philippines.
Absence of such intention, offender is not liable of Espionage.
 Espionage vs Treason
Espionage Treason

 May be committed o Committed

in times of war and only in times of war.
in peace. o May only be
 May be committed committed in two ways.
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in many ways.

Penalty:
1. Prision correccional
2. The next higher degree shall be imposed if the offender is a public officer or employee.

SECTION 2 – PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

Art. 118 – Inciting to war or giving motives for reprisals

Elements (Un-Pro)
1. Offender performs unlawful or unauthorized acts;
2. These acts provoke or give occasion for a war, involving or liable to involve the
Philippines or expose Filipino citizen to reprisals on their persons or property.
Note to remember
 Intention of the offender is immaterial because such acts might disturb the friendly
relation that we have with a foreign country.
 Committed even in times of peace.
Penalty
 Penalty is higher if the offender is a public officer or employee.
 Prision mayor = offender is private individual
 Reclusion temporal = public officer or employee

Art. 119 – Violation of neutrality

What is neutrality?
 A nation or power which takes no part in a contest of arms going on between others is
referred to as neutral.
What is the essence?
 There must be regulation issued by competent authority for the enforcement of neutrality
because it will be the violation of such regulation which will constitute the crime.
Elements (Wa-Re-Vi)
1. There is a war in which the Philippines is not involved.
2. A regulation is issued by competent authority for the purpose of enforcing neutrality.
3. Offender violates such regulation.
Penalty:
1. Prision correccional

Art. 120 – Correspondence with hostile country

What is correspondence?

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 Correspondence is communication by means of letters or it may refer to that letters which
pass between those who have friendly or business relations.
What is the essence?
 Even if correspondence contains innocent matters, if the correspondence has been
prohibited by the government, it is punishable.
Elements (Wa-CoEnTe - ProCipInfo)
1. It is in time of war in which the Philippines is involved.
2. The offender makes correspondence with an enemy country OR
3. Territory that is occupy by enemy troops.
4. The correspondence is either:
a. Prohibited by the government, OR
b. Carried on in ciphers or conventional signs, OR
c. Containing notice or information which might be useful to the enemy.
Note to remember:
 Circumstances qualifying the offense:
o The following MUST CONCUR TOGETHER:
a. Notice or information might be useful to the enemy;
b. Offender intended to aid the enemy.
 NOTE: If the offender INTENDED to aid the enemy by
giving such notice or information, the crime amounts to
TREASON. Hence, the penalty is the same as that for
treason.
Penalty
1. Prision correccional – correspondence has been prohibited by the Government.
2. Prision mayor – if the correspondence be carried on in ciphers or conventional signs.
3. Reclusion temporal – if the notice or information might be useful to the enemy.
4. Reclusion temporal to death – if the offender intended to aid the enemy by giving such
notice or information.

Art. 121 – Flight to enemy’s country

Elements (Wa-All-FleGo-EnPro)
1. There is a war in which the Philippines is involved.
2. Offender must be owing allegiance to the Philippine government.
3. Offender attempt to flee or go to the enemy’s country.
4. Going to the enemy’s county is prohibited by competent authority.
Note to remember
 An alien resident in the country can be held liable under this article. The law does not say
“not being a foreigner”. Hence, the allegiance contemplated in this article is either
natural or temporary allegiance.
 Mere attempt to flee or go to enemy country consummates the crime when it is
PROHIBITED by a COMPETENT AUTHORITY.
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 Article 121 must be implemented by the Government. If fleeing or going to an enemy
country is not prohibited by competent authority, the crime defined in Art. 121 cannot be
committed.
Penalty
1. Arresto mayor – inflicted upon who violate Art. 121.

SECTION 3 – PIRACY AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE

WATERS
Art. 122 - Piracy in general and mutiny on the high seas or in the Philippine Waters
What is piracy?
 It is robbery or forcible depredation on the high seas, without lawful authority and done
with animo furandi and in the spirit and intention of universal hostility.
 Presidential Decree no. 532:
o Piracy – Any attack upon or seizure of any vessel, or the taking away of the whole
or part thereof or its cargo, equipment, or the personal belongings of its
complement or passengers, irrespective of the value thereof, by means of
violence against or intimidation of persons or force upon things, committed by
any person, including a passenger or member of the complement of said vessel,
in the Philippines waters, shall be considered as piracy. The offenders shall be
considered as pirates.
What is “high seas?”
 UNCLOS:
o High Seas – as parts of the seas that are not included in the exclusive economic
zone, in the territorial seas, or in the internal waters of a state, or in the
archipelagic waters of an archipelagic state.
What is mutiny?
 Mutiny is the unlawful resistance to a superior officer, or the raising of commotions and
disturbances on board a ship against the authority of its commander.
Elements (Ves-NM-AtSeVes-WPCar)
1. A vessel is on the high seas or in the Philippine waters;
2. The offenders are not members of its complement or passengers of the vessel;
3. The offenders
a. Attack or seize the vessel
b. Seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers.
What are the ways to commit?
 TWO MODES:
a. By attacking or seizing a vessel on the high seas or in the Philippine waters;
b. By seizing in the vessel while on the high seas or in Philippine waters the whole or
part of its cargo, its equipment or personal belongings of its complement or
passengers.
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Note to remember
 People vs Tulin – Passenger or not, a member of the complement or not, any person is
covered by PD. 532.
 If piracy was committed outside the Philippine waters, will the Philippine courts have
jurisdiction over the offense?
o Yes, for piracy falls under Title I of Book 2 of RPC. As such, it is an exception to
the rule on territoriality in criminal law. Same principle applies even if the
offenders were charged, not with a violation of qualified piracy under the RPC
but under PD. 532 which penalizes piracy in the Philippines.
 Can the accused be convicted as an accomplice in an information that charges him as
principal?
o Yes. If there is lack of evidence of conspiracy, the liability is that of an
accomplice and not as principal. Any doubt as to the participation of an
individual in the commission of the crime is always resolved in favor of lesser
responsibility.
 Distinguish piracy and mutiny

Piracy Mutiny
 The person who attacks a  They are members of the crew or
vessel or seize its cargo are passengers.
strangers to said vessels.
 Intent to gain  Intend to ignore the ship’s officers or
they may be prompted by a desire to
commit plunder.
 When piracy and mutiny be considered as terrorism?
- Under the Human Security Act of 2007, when there is
sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to
coerce the government to give in to an unlawful demand
shall be guilty of the crime of terrorism, and shall suffer the
penalty of 40 years imprisonment without the benefit of
parole.

Penalty
1. Reclusion perpetua – piracy and mutiny

Art. 123 – Qualified Piracy

What are the ways to commit?
 Qualified piracy can be committed under any of the following circumstances:
o Offenders seized the vessel by boarding or firing upon the same;
o They abandoned the victims without means of saving themselves;
o Crime is accompanied by murder, homicide, physical injuries or rape.

Note to remember
 “upon those who commit any of the crimes referred to in the preceding article” the
word “crimes” refers to piracy and mutiny on the high seas.

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 Any person who aids or protects pirates or abets the commission of piracy shall be
considered as an accomplice.
Penalty
1. Reclusion perpetua
2. Qualified piracy – a special complex crime punishable by reclusion perpetua to death,
regardless of the number of victims

TITLE 2 – CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

SECTION ONE – ARBITRARY DETENTION AND EXPULSION

 Who are the offenders in Title II of Book II?

o All offenses other than those regarding religion require that the principal offender
is a public officer. The civilians are merely accomplices or accessories.
o Except: Art. 133 – offending the religious feelings

Art. 124 – Arbitrary Detention

What is detention?
 Detention is defined as the actual confinement of a person in an enclosure, or in any
manner detaining and depriving him of his liberty.
What is the essence?
 Article 124, 125 and 126 of the RPC punish any public officer or employee in those cases
where an individual is unlawfully deprived of liberty.
Elements (Pub-De-WiLG)
1. Offender is a public officer or employee.
2. He detained a person.
3. Detention is without legal grounds.

1st element: offender must be a public officer or employee

 This public officer or employee must be vested with authority to detain or order the
detention of persons accused of a crime. However, when they detain a person, they have
no legal grounds therefor.
 Arbitrary detention can be committed by public officers whose official duties give them
the authority to effect arrest and detain persons such as barangay chairman and police
officers.
 If committed by other kinds of public officers, the crime is illegal detention.

3rd element: Detention is without legal ground, if:

 (A) when he has not committed any crime or, at least there is no reasonable ground for
suspicion that he has committed a crime;
 (B) when he is not suffering from violent insanity or any other ailment requiring
compulsory conferment in a hospital.

Note to remember
 Law does not fix any minimum period of detention.
 Detention with legal grounds:
o The commission of a crime;

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o Violent insanity or other ailment requiring the compulsory confinement of the
patient in a hospital.
 Arrest without warrant is the usual cause of arbitrary detention:
o Arrest without warrant – when lawful:
a. In flagrante delicto
 In his presence, crime is actually committing, or is attempting to
commit an offense.
 An offense has in fact just been committed, and he has
probable cause to believe, based on his personal knowledge of
facts and circumstances that the person to be arrested has
committed it.
o A crime must in fact or actually have been committed
first – essential preconditioned element.
o Personal knowledge – which means an actual belief or
reasonable grounds of suspicion.
o Probable cause – can be defined as such facts and
circumstances which could lead a reasonable discreet
and prudent man to believe that an offense has been
committed and that the object sought in connection with
the offense are in place sought to be searched.
b. Escaping prisoners

How to convict the accused

 It is essential, however, that there is actual conferment or restriction of the person of the
offended party.
 There must be uncontroverted proof of both intents to deprive the victim of his liberty
and actual confinement or restriction.
Penalty
1. Arresto mayor (max period) to prision correccional (min period) – detention has not
exceeded 3 days;
2. Prision correccional (medium to max period) – detention of 3 to 15 days
3. Prision mayor – 15 days to 6 months
4. Reclusion temporal – 6 months plus

Art. 125 – Delay in the delivery of detained persons to the proper judicial authority
What is deliver?
 Deliver means the filing of correct information with the proper court (or constructive
delivery – turning over the arrestee to the jurisdiction of the court).
What is judicial authority?
 Judicial authority means the courts of justices or judges of said courts vested with judicial
power to order the temporary detention or conferment of a person charged with having
committed a public offense, that is, the Supreme Court and other such inferior courts as
may be established by law.
What is the essence?
 To prevent any abuse resulting from confining a person without informing him of his
offense and without permitting him to go on bail.
Elements (Pub – Leg – Fail)
1. Offender is a public officer or employee;
2. He detained a person for some legal ground/s;
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3. He fails to deliver such person to the proper judicial authorities within:
a. 12 hours = light penalties
b. 18 hours = correctional penalties
c. 36 hours = afflictive or capital penalties or their equivalent
Note to remember
 If the offender is a private person, the crime is illegal detention.
 Article 125 does not apply when the arrest is by virtue of a warrant of arrest. If the arrest
is made with a warrant of arrest, the person arrested can be detained indefinitely until his
case is decided by the court or he posts a bail for his temporary release. Reason for this is
that there is already a complaint or information filed against him with the court which
issued the order or warrant of arrest and it is not necessary to deliver the person thus
arrested to that court.
 Duty of the detaining officer is deemed complied with upon the filing of the complaint
with the judicial authority.
 Where a judge is not available, the arresting officer is duty-bound to release a detained
person, if the maximum hours for detention provided under Art. 125 of the RPC has
already expired. Failure to cause the release may result in an offense under Art. 125.
 Fiscal not liable, unless he ordered detention.
Arbitrary Detention Delay in the delivery of detained persons
 Detention is  Detention is legal in the beginning but the
illegal from the illegality of the detention starts from the
beginning. expiration of any of the periods of time specified
in Art. 125, without detainee having been
delivered to the proper judicial authority.
Art. 126 – Delaying release
Elements (Pub-Or-Pro-W/out)
1. Offender is a public officer or employee;
2. There is a judicial or executive order for the release of a prisoner or detention prisoner,
or that there is a proceeding upon a petition for the liberation of such person.
3. Offender without good reason delays:
a. The service of the notice of such order to the prisoner;
b. The performance of such judicial or executive order for the release of the
prisoner;
c. The proceedings upon a petition for the release of such person.
What are the ways to commit?
1. By delaying the performance of a judicial or executive order for the release of a
prisoner;
2. By unduly delaying the service of the notice of such order to said prisoner.
3. By unduly delaying the proceedings upon any petition for the liberation of such person.
Penalty
 Penalties provided for in Article 124 shall be imposed.
 Arresto mayor (max period) to prision correccional (min period) – detention has not
exceeded 3 days;
 Prision correccional (medium to max period) – detention of 3 to 15 days
 Prision mayor – 15 days to 6 months
 Reclusion temporal – 6 months plus

Art. 127. – Expulsion

What is the crime of expulsion?
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 This is a crime committed against the constitutional rights of abode and changing the
same under the Bill of Rights.
Elements
1. Offender is a public officer or employee;
2. He expels any person from the Philippines, or compels a person to change his residence;
3. Offender is not authorized to do so by law.
What are the ways to commit?
1. By expelling a person from the Philippines
2. By compelling a person to change his residence
Note to remember
 Only the President of the Philippines in the exercise of his power of deportation and the
courts after final judgment sentencing the accused to destierro or as a condition in his
probation.
Penalty
 Prision correccional

SECTION TWO – VIOLATION OF DOMICILE

 What are the crimes known as violation of domicile?
1. Violation of domicile by entering a dwelling against the will of the owner thereof or
making search without previous consent of the owner. (Art. 128)
2. Search warrants maliciously obtained and abuse in the service of those legally
obtained. (Art. 129)
3. Searching domicile witnesses. (Art. 130)

Art. 128 – Violation of domicile

Elements
1. Offender is a public officer or employee;
2. Not authorized by judicial order to enter the dwelling and/or to make a search for
papers or other effects.
What are the ways to commit?
 By entering any dwelling against the will of the owner;
 By searching papers or other effects found therein without the previous consent of such
owner.
 By refusing to leave the premises, after having surreptitiously entered said dwelling and
after having been required to leave the same.
st
1 element: offender is a public officer
 If the offender who enters the dwelling against the will of the owner thereof is a private
individual, the crime committed is trespassing to dwelling (Art. 280).
 A public officer or employee is authorized by judicial order when he is armed with a
search warrant duly issued by the court.
nd
2 element: “papers of other effects found therein”
 Article 128 is not applicable when a public officer searched a person outside his dwelling
without search warrant, because the papers or other effects mentioned in Article 128
must be found in the dwelling.
Note to remember
 Circumstances qualifying the offense:
o If the offense is committed at nighttime;
o If any papers or effects not constituting evidence of a crime are not returned
immediately after the search made by the offender.

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 Entry in a domicile is "against the will" when the offender ignores the prohibition of the
owner which may be express or implied as when the door is closed even though not
locked. When a person who admitted the public officer is one with sufficient discretion,
the right to privacy is waived; hence, prohibition thereafter made can no longer constitute
the crime of violation of domicile.
 Permission once given cannot be recalled as to constitute violation of the article. When
he is asked to leave and refuses to leave, it is unjust vexation.
 When he is admitted and he starts to search, the owner must stop him; otherwise,
permission is deemed granted and it will be construed as a consented search, which is one
of the valid warrantless searches. If he stops the public officer and the latter continues to
search, there is violation of domicile.
 When the entry is done surreptitiously, and the owner ordered the public officer to leave,
refusal to leave would amount to violation of domicile.
 If the public officer is one whose function does not include the duty to effect search and
seizure the crime is trespass to dwelling.
Penalty
 Prision correccional in its minimum period.
 Prision correctional in its medium and maximum period – if with qualifying
circumstances.

Art. 129 – Search warrants maliciously obtained, and abuse in the service of those legally
obtained
What is search warrant?
 Search warrant is an order in writing issued in the name of the People of the Philippines
signed by a judge and directed to a peace officer, commanding him to search for personal
property described therein and bring it before the court.
Elements (Pub-Search-NOJC)
1. Offender is a public officer or an employee;
2. He procures a search warrant;
3. There is no just cause.
What are the ways to commit?
1. By procuring a search warrant without just cause;
2. By exceeding his authority or by using unnecessary severity in executing a search
warrant legally procured.
Note to remember
 Requisites for issuing search warrant:
a. There must be a probable cause;
b. In connection with 1 specific offense;
c. To be determined personally by the judge;
d. After examination under oath or affirmation of the complainant
e. Along with the witness he may produce
f. Particularly describing the place to be searched
g. Things to be seized which may be anywhere in the Philippines.
 Validity of search warrant:
o A search warrant shall be valid for 10 days from its date. Thereafter, it shall be
void.
 GR: No search of a house, room or any other premises shall be made.
 EXCEPT:
a. in the presence of the lawful occupant thereof;

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b. Any member of his family
c. In the absence of the latter, presence of 2 witnesses
 of sufficient age
 sufficient discretion
 residing in the same locality
Penalty
 Arresto mayor in its maximum period to prision correccional in its minimum period.
 Fine not exceeding 1,000 pesos

Art. 130 – Searching domicile without witnesses

What is search?
 Search means “to go over or look through for the purpose of finding something; to
examine”.
Elements (Pub – War – Search – Not Present)
1. Offender is public officer or employee;
2. Offender is armed with search warrant legally procured;
3. He searches the domicile, papers or other belongings of any person;
4. The owner, any family member, or 2 witnesses residing in the same locality are not
present.
Note to remember
 This crime is not applicable to searches of vehicles or other means of transportation
because the searches are not made in the dwelling.
Penalty
 Arrest mayor in its medium and maximum periods.

SECTION THREE – PROHIBITION, INTERRUPTION AND DISSOLUTION OF

PEACEFUL MEETINGS

Art. 131 – Prohibition, interruption and dissolution of peaceful meetings

Elements (Pub – W/out – Hin-Ad)
 Offender is a public officer or employee;
 He performs any of the following acts:
a. By prohibiting or by interrupting, without legal ground, the holding of a
peaceful meeting, or by dissolving the same;
b. By hindering any person from joining any lawful association or from
attending any of its meetings;
c. By prohibiting or hindering any person from addressing, either alone or
together with others, any petition to the authorities for the correction of
abuses or redress of grievances.
Note to remember
 If the offender is a private individual, the crime is disturbance of public order defined in
Article 153.
 Right to peaceful meeting is not absolute and may be regulated.
o GR: Permit is necessary.
o EX: If the meeting will be held in a freedom park. No permit needed.
Penalty
 Prision correccional in minimum period.

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SECTION FOUR – CRIMES AGAINST RELIGIOUS WORSHIP

Art. 132 – Interruption of religious worship

Elements (Pub – RelCer-Pre)
1. Offender is a public officer or employee;
2. That there is a religious ceremonies or manifestations of any religion are about to take
place OR are going on;
3. The offender prevents or disturbs the same.
Note to remember
 If the crime is committed with violence or threats.
Penalty
 Prision correccional in its minimum period

Art. 133 – Offending the religious feelings

What is “religious ceremonies?”
 Religious ceremonies are those religious acts performed outside of a church, such as
processions and special prayers for burying dead persons.
Elements
1. Acts complained of were performed
a. In a place devoted to religious worship;
b. During the celebration of any religious ceremony
2. The acts must be notoriously offensive to the feelings of the faithful.
2nd element: acts notoriously offensive to the feelings of the faithful
 The act must be directed against religious practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing at or attempting to damage an object of religious
veneration.
 There must be deliberate intent to hurt the feelings of the faithful.
 Offense to feelings is judged from complainant’s point of view.
Penalty
 Arresto mayor in its maximum period to prision correccional in its minimum period.

TITLE 3 – CRIMES AGAINST PUBLIC ORDER

SECTION ONE – REBELLION, COUP D’ETAT, SEDITION AND DISLOYALTY

Art. 134 – Rebellion or insurrection

What is rebellion?
 Rebellion is more frequently used where the object of the movement is completely to
overthrow and supersede the existing government.
What is insurrection?
 Insurrection is more commonly employed in reference to a movement which seeks
merely to effect some change of minor importance, or to prevent the exercise of
governmental authority with respect to particular matters or subjects.
What is the essence?
 The essence of this crime is a public uprising with the taking up of arms. It requires a
multitude of people. It aims to overthrow the duly constituted government. It does not
require the participation of any member of the military or national police organization or
public officers and generally carried out by civilians. Lastly, the crime can only be
committed through force and violence.
 The crime of rebellion or of inciting it is by nature a crime of masses, of a multitude.
 It is a vast movement of men and a complex net of intrigues and plots.
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 Rebellion is a continuing crime hence rebels can be arrested at any time without a
warrant.
Elements (PUBarms – PurRemAll – DepPow)
1. There be a:
a. Public uprising AND
b. Taking arms against the government;
2. The purpose of the uprising or movement is either:
a. To remove from the allegiance to said Government or its laws:
i. The territory of the Philippines or any part thereof; OR
ii. Any body of land, naval or armed forces; OR
b. To deprive the Chief executive or Congress, wholly or partially, of any of their
powers or prerogatives.
What are the ways to commit?
 The crime of rebellion is committed by rising publicly and taking up arms against the
government for any of the purposes specified in Article 134 which are political in
nature.
Note to remember
 It is not necessary that the purpose of rebellion be accomplished. The crime of rebellion
is complete the very moment a group of rebels rise publicly and take arms against the
government, for the purpose of overthrowing the same by force.
 Giving aid and comfort is not criminal in rebellion.
 There is no complex crime of rebellion with murder and other common crimes because
acts committed in furtherance of rebellion though crimes in themselves are deemed
absorbed in one single crime of rebellion.
 It is not enough that the overt acts of rebellion are proven. Both purpose and overt acts
are essential components of the crime.
TREASON REBELLION
 May be committed by mere  Always involves taking up arms
adherence to the enemy giving against the government.
him aid or comfort.
 Happens in times of war.  Levying of war against the
government during peace time for
any of the purpose mentioned in
Art. 134 is rebellion.
 Offender need not be a Filipino.
 When a person who commits an act punishable as rebellion or insurrection, thereby
sowing and creating a condition of widespread and extraordinary fear and panic among
the public, in order to coerce the government to give in to an unlawful demand shall be
guilty of the crime of terrorism.
 Doctrine of absorption – crime absorbs another if the latter is inherent in, an element of,
or a necessary consequence of the commission of the former.
How to convict the accused
 In order to make out a case of rebellion, the motivation for the killing of the victim must
be in furtherance of rebellion.
 When a criminal act has elements common to more than one offense, the public
prosecutor has the option to ascertain which prosecutions should be initiated on the basis
of the evidence at hand.
 The burden of proving that the motivation for the crime is political and not private is on
the defense. The political motive of the act should be conclusively demonstrated.
Penalty
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 Reclusion perpetua = any person who promotes, maintains or heads a rebellion or
insurrection.
 Reclusion temporal = any person merely participating or executing the commands of
others in a rebellion or insurrection.
 Is there a parole?

Art. 134 – A. Coup d’etat

What is the essence?
 The essence of the crime is a swift attack upon the facilities of the Philippine government,
(C-I-C-U-F) military camps and installations, communication networks, public utilities
and facilities essential to the continued possession of governmental powers.
 It may be committed singly or collectively and does not require a multitude of people.
 The objective may not be to overthrow the government but only to destabilize or paralyze
the government through the seizure of facilities and utilities essential to the continued
possession and exercise of governmental powers.
 It requires as principal offender a member of the AFP or of the PNP organization or a
public officer with or without civilian support. Finally, it may be carried out not only by
force or violence but also through stealth, threat or strategy.
Elements (MiPol – Swift – Dag – Dim)
1. Offender is a person or persons belonging to the military or police or holding any public
office or employment;
2. It is committed by means of a swift attack accompanied by violence, intimidation, threat,
strategy or stealth. (VITSS)
3. The attack is directed against duly constituted authorities of the RP or any military camp
or installation, communication networks, public utilities or other facilities needed for the
exercise and continued possession of power.
4. The purpose of the attack is to seize or diminish state power.
What are the ways to commit?
 The crime of coup d'etat is committed:
o How — by a swift attack accompanied by violence, intimidation, threat, strategy
or stealth. (VITSS)
o Against — the duly constituted authorities or any military camp or installation,
communications networks, public utilities or other facilities needed for the
exercise and continued possession of power
o Number of offenders — singly or simultaneously carried out anywhere in the
Philippines
o By whom — by persons belonging to the military or police or holding any public
office or employment, with or without civilian support or participation.
o Purpose — to seize or diminish state power
Note to remember
 The crime of coup d’etat may be committed with or without civilian participation.
 Criminal objective is to destabilize, immobilize or paralyze the existing government by
taking over such facilities and utilities.
Penalty
 Reclusion perpetua = any person who leads or in any manner directs or commands others
to undertake a coup d’ etat.
 Reclusion temporal = any person in the government who participates or executes
directions or commands of other in undertaking a coup d’etat.

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 Prision mayor in its maximum period = any person not in the government service, who
participates, or in any manner supports, finances, abets or aids in undertaking a coup
d’etat.

Art. 135 – Penalty for rebellion, insurrection or coup d’etat

Who are liable for rebellion, insurrection and/or coup d’etat?
1. Leaders
a. Person who promotes, maintains or heads a rebellion or insurrection;
b. Person who leads, directs, or commands others to undertake a coup
2. Participants
a. Person who participates, executes the commands
b. Person not in the government service who participates, supports, finances, abets,
or aids in the undertaking a coup.
Note to remember
 Public officer must take active part to be liable; mere silence or omission not punishable
in rebellion.
 For unknown leaders, any person who in fact directed the others, spoke for them, signed
receipts and other documents issued in their name or performed similar acts, on behalf of
the rebels, shall be deemed a leader of such R, I or C.
 Political offense doctrine – common crimes are divested of their character as “common”
offenses and assume political complexion of rebellion as its mere ingredient.
Not accepted defense
 It is not a defense in rebellion that the accused never took the oath of allegiance to, or that
they never recognized the government.
 Membership in a rebel organization does not automatically qualify criminal acts as
absorbed in rebellion.

Art. 136 – Conspiracy and proposal to commit Rebellion, insurrection or coup d’etat
What is the essence?
 2 different crimes:
o Conspiracy to commit rebellion – when 2 or more persons come to an
agreement to rise publicly and take arms against the government for any
purposes of rebellion and decide to commit it.
o Proposal to commit rebellion – when the person who has decided to rise
publicly and take arms against the government for any purposes of rebellion
proposes its execution to some other person or persons.
What are the ways to commit?
 No conspiracy when there is no agreement and no decision to commit rebellion.
Note to remember
 Merely agreeing and deciding to rise publicly and take arms against the Government for
the purposes of rebellion or merely proposing the commission of said act is already
subject to punishment.
 Organizing a group of soldiers, soliciting membership in, and soliciting funds from the
people for, the organization, show conspiracy to overthrow the government.
Penalty
 Prision Mayor in its minimum period and a fine not exceeding 8,000.00php – conspiracy
and proposal to commit coup d’ etat

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 Prision correccional in its maximum period and a fine not exceeding 5,000.00 php and
prision correccional in its medium period and a fine not exceeding 2,000.00php –
conspiracy and proposal to commit rebellion or insurrection.

Art. 137 – Disloyalty of public officers or employees

What are the ways to commit?
1. By failing to resist a rebellion by all the means in their power; or
2. By continuing to discharge the duties of their offices under the control of the rebels; or
3. By accepting appointment to office under them.
4. Offender must be a public officer or employee.
Note to remember
 The crime of disloyalty of public officers presupposes the existence of rebellion by other
person because there must be rebellion to be resisted or, at least, the place is under the
control of the rebels.
 The offender under this article must not be in conspiracy with the rebels. Otherwise, he
will be guilty of rebellion, not merely disloyalty, because in conspiracy, the act of one is
the act of all.
Penalty
 Pricion correccional in its minimum period

Art. 138 – Inciting to rebellion or insurrection

Elements (NotArms – In – SPWEBO)
1. Offender does not take arms or is not in open hostility against the government;
2. He incites others to the execution of any of the acts of rebellion;
3. The inciting is done by means of (S-P-W-E-B-O) speeches, proclamations, writings,
emblems, banners or other representations tending to the same.
Note to remember
 Distinguish:
INCITING TO REBELLION PROPOSAL TO COMMIT
REBELLION
 It is not required that the offender  Person has decided to commit
has decided to commit rebellion. rebellion.
 The act of inciting is done  Person who proposes the
publicly. execution of the crime uses secret
means.
 The crime of rebellion should not be actually committed by the persons to
whom it is proposed or who are incited. If they commit the rebellion, the
proponent or the one inciting becomes a principal by inducement in the
crime of rebellion.

Penalty
 Prision mayor in its minimum period

Art. 139 – Sedition

What is the nature of sedition?
 Sedition is a crime of dissent or protest by means outside of legal methods. The offenders
rise publicly and tumultuously to attain their purpose by (FIO) force, intimidation or
other illegal means.
What is sedition?
 Sedition is the raising of commotions or disturbances in the State.

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What is the essence?
 The crime of sedition does not contemplate the taking up of arms against the government
because the purpose of this crime is not the overthrow of the government. Notice from
the purpose of the crime of sedition that the offenders rise publicly and create commotion
and disturbance by way of protest to express their dissent and obedience to the
government or to the authorities concerned. This is like the so-called civil disobedience
except that the means employed, which is violence, is illegal.
 The ultimate object of sedition is a violation of the public peace or at least such a course
of measures as evidently engenders it.
Elements (PubTum – FIO – TAT – LawElec – FreEx -HatRev)
1. Offenders rise:
a. Publicly
b. Tumultuously
2. They employ (FIO) force, intimidation or other illegal means;
3. Offenders employ any of those means to attain any of the following objects:
a. Prevent the promulgation or execution of any law or the holding of any popular
election;
b. Prevent the National government, or any provincial or municipal government, or
any public officer thereof from freely exercising its functions or prevent the
execution of any administrative order.
c. To inflict any act of hate or revenge upon the person or property of any public
officer or employee.
Note to remember
 Tumultuous – disturbance is deemed to be tumultuous if caused by more than 3 persons
who are armed or provided with means of violence.
 Public uprising and an object of sedition must concur.
Penalty
 See Art. 140

Art. 140 – Penalty for Sedition

Who are liable for sedition?
 Leader of the sedition
 Persons participating in the sedition
Penalty
 Prision mayor in its minimum period and a fine not exceeding 10,000php – leader
 Prision correccional in its maximum period and a fine not exceeding 5,000php – persons
participating

Art. 141 – Conspiracy to commit sedition

What is the essence?
 There must be an agreement and a decision to rise publicly and tumultuously to attain
any of the objects of sedition.
 An agreement and a decision to attain an object of sedition without any agreement to rise
publicly and tumultuously is not conspiracy to commit sedition.
Note to remember
 There is no proposal to commit sedition.
Penalty
 Prision correccional in its medium period and fine not exceeding 2,000.00php.

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Art. 142 – Inciting to sedition
What are the ways to commit?
1. Inciting others to the accomplishment of any of the acts which constitute sedition by
means of (SPWE) speeches, proclamations, writings, emblems, etc.
2. Uttering seditious words or speeches which tend to disturb the public peace.
3. Writing, publishing, or circulating scurrilous libels against the government or any of the
duly constituted authorities thereof, which tend to disturb the public peace.
1st act: Inciting to sedition to accomplish any of its objectives
 Elements:
1. The offender does not take direct part in the crime of sedition.
2. He incites others to the accomplishment of any of the acts which constitute
sedition.
3. The inciting is done by means of speeches, proclamations, writing, emblems,
cartoons, banners, or other representations tending to the same end.
2nd act: Uttering seditious words or speeches which tend to disturb the public peace
 Punishable when:
o They tend to disturb or obstruct any lawful officer in executing the functions of
his office;
o They ten to instigate others to cabal and meet together for unlawful purposes;
o They suggest of incite rebellious conspiracies or riots;
o They lead or tend to stir up the people against the lawful authorities or to disturb
the peace of the community, the safety and order of the government.
3rd act: Writing, publishing, or circulating scurrilous libels
 Scurrilous means low, vulgar, mean or foul.
Note to remember
 Proposal to throw hand grenades in a public place, intended to cause commotion and
disturbance, as an act of hate and revenge against the police force is inciting to sedition.
 Knowingly concealing such evil practices is ordinarily an act of the accessory but under
this provision the act is treated and punished as that of the principal.
 The law is not aimed merely at actual disturbance, as its purpose is also to punish
utterances which may endanger public order.
 2 rules for seditious words:
a. Clear and present danger rule
 Under this rule, it is required that there must be reasonable
ground to believe that the danger apprehended is imminent and
that the evil to be prevented is a serious one. There must be the
probability of serious injury to the State.
 The danger must not only be probable but very likely
inevitable.
b. Dangerous tendency rule
 Under this rule, there is inciting to sedition when the words
uttered or published could easily produce disaffection among the
people and a state of feeling in them incompatible with a
disposition to remain loyal to the government and obedient to
the laws.
Penalty
 Pricion correccional in its maximum period and a fine not exceeding 2,000 pesos shall be
imposed.

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 If the offender is a government official or employee, the accessory penalty of absolute
perpetual disqualification from holding any pubic office shall be imposed.

CHAPTER 2 – CRIMES AGAINST POPULAR REPRESENTATION

SECTION TWO – CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES

Atty. Gocuan’s discussion:

 Artciles 143, 144 and 145 are all directed against the legislative bodies.

Art. 143 – Acts tending to prevent the meeting of the assembly and similar bodies
Elements (PAM – FoFr)
1. That there be a projected or actual meeting of the (NA-CS – CC – DIV -ProCitMun
Board) National Assembly or any of its committees or subcommittees, constitutional
committees, or divisions thereof, or any provincial board, or city or municipal council or
board.
2. The offender who may be any person prevents such meeting by force or fraud.
Penalty
 Prision correccional or a fine ranging 200 to 2,000php or both

Art. 144 – Disturbance of proceedings

Elements (Meet – Dis – BeInImp)
1. That there be a meeting of the (NA – CS – CC – DIV – ProCityMun Board).
2. Offender does any of the following acts:
a. He disturbs any of such meetings;
b. He behaves while in the presence of any such bodies in such a manner as to
interrupt its proceedings or to impair the respect due it.
Note to remember
 It must be a meeting of a legislative body or of provincial board or city or municipal
council or board which is disturbed.
 The complaint for disturbance of proceedings may be filed by a member of a legislative
body.
Penalty
 Arresto mayor or a fine from 200php to 1,000php

SECTION TWO – VIOLATION OF PARLIAMENTARY IMMUNITY

Art. 145 – Violation of parliamentary immunity
What are the ways to commit?
1st ACT:
By using (FITF) force, intimidation, threats or frauds to prevent any member of
the National assembly from (1) attending the meetings of the Assembly or of any
of its (CS – CC – DIV) thereof, or from (2) expressing his opinions or (3)
casting his votes;
a. Elements: (FITF – Prev – AEC)
i. Offender uses FITF
ii. The purpose of the offender is to prevent any member of the
National Assembly from:
1. Attending the meeting of the Assembly;
2. Expressing his opinions;
3. Casting his vote;

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2nd ACT:
By arresting or searching any member thereof while the National Assembly is in
regular or special session, except in case such member has committed a crime
punishable under the Code by a penalty higher than prision mayor.
b. Elements: (PUB – ArSe – Sess – PriM)
i. Offender is a public officer or employee;
ii. He arrests or searches any member of the National
Assembly;
iii. That the assembly, at the time of arrest or search, is in
regular or special session;
iv. The member arrested or searched has not committed a
crime punishable under the Code by a penalty higher
than prision mayor.
Note to remember
 Parliamentary immunity does not protect members of the National Assembly from
responsibility before the legislative body itself.
Penalty
 Prision mayor = 1st act
 Prision correccional = 2nd act

CHAPTER 3 – ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146 – Illegal Assemblies

What are the ways to commit?
1st ACT:
Any meeting attended by armed persons for the purpose of committing any of the
crimes punishable under the Code.
Elements:
1. That there is a meeting, a gathering or group of persons, whether
in a fixed place or moving;
2. That the meeting is attended by armed persons;
3. That the purpose of the meeting is to commit any of the
following crimes punishable under the Code.
2nd ACT:
Any meeting in which the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection, sedition, or assault
upon a person in authority or his agents. (TRISA)
Elements:
1. That there is a meeting, a gathering or group of persons, whether
in a fixed place or moving;
2. That the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection,
sedition or direct assault.

Note to remember
 The person present at the meeting must be armed in the first form of illegal assembly.
 But not all the persons present at the meeting of the

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Art. 147 – Illegal Associations – Art. 153 Tumults (I skipped this, im sorry self)
What is
What is the essence
Elements
What are the ways to commit?
Note to remember
How to convict the accused
Not accepted defense
Reason for acquittal
Penalty

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Art. 154 – Unlawful use of means of publication and unlawful utterances
What is Public Disorder?
 This is a serious disturbance in a place where performance of public function is being
held, if the disturbance is not covered by Article 131 and 132.
What are the ways to commit?
1. By publishing or causing to be published, by means of:
a. Printing
b. Lithography
c. Other means of publication
As news any false news which may endanger the public order, or damage to the interest
OR credit of the State.
2. By encouraging disobedience to the law or to the constituted authority or by praising
justifying or extolling any act punished by law, by the same means or by words,
utterances or speeches.
3. By maliciously printing publishing or cause to be published any official resolution or
document without proper authority or before they have been published officially.
4. By printing, publishing or distributing books, pamphlets, periodicals or leaflets which do
not bear the real printer’s name, or which are classified as anonymous.

Note to remember
 Actual public disorder or actual damage to the credit of the State is NOT NECESSARY.
o The mere possibility of causing such danger or damage is sufficient.
 Offender must know that the news is false. Criminal intent is essential.
Penalty
 Arresto mayor and a fine ranging from P200 to P1,000 shall be imposed.

Art. 155 – Alarms and Scandals

What is Charivari?
 Charivari is a mock serenade where the offender actually disturbs the peace by using
cans, pans, utensils, etc.
What are the ways to commit?
1. Discharge of firearms, firecrackers, and other explosives in public place, to cause alarm
or danger.
2. Charivari
3. Engaging in nocturnal amusement disturbing the public place;
4. Any disturbance or scandal in public places not amounting to tumults.
Note to remember
 “Discharge of any firearms” must not be aimed at a person; otherwise, the offense would
fall under Art. 254 – illegal discharge of firearm.
Penalty
 Arresto menor OR a fine not exceeding 200 pesos shall be imposed.

Art. 156 – Delivery of prisoner from jail

Who is the offender?
 Offender is any person who is NOT the custodian of the prisoner.
Elements (Jail-Escape)
1. There is a person confined in a jail or penal establishment;
2. Offender removes such prisoner, or helps the escape of such prisoner.
Note to remember

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 Prisoner may be under detention only.
 Hospital or asylum considered extension of jail or prison.
 If the offender is a public officer who had the prisoner in his custody, he is liable for
infidelity in the custody of a prisoner.
 However, if the public officer is off-duty, he may be liable for delivering prisoner from
jail.
 Penalty is higher if the escape was with violence, intimidation or bribery.
Penalty
 Arresto mayor in its maximum period to prision correccional in its minimum period.

CHAPTER 6 – EVASION OF SERVICE OF SENTENCE

Art. 157 Evasion of service of sentence

What is escape?
 Escape, for purposes of Art. 93 and 157 of the RPC, means unlawful departure of
prisoner from the limits of his custody.
Elements (CSE)
1. Offender is convict by final judgment;
2. He is serving his sentence which consist of deprivation of liberty;
3. He evades the service of his sentence by escaping during the term of his sentence;
Note to remember
 Detention prisoners and minor delinquents are not liable for evasion of service of
sentence.
 If there is an appeal for sentence of conviction, evasion of service of sentence is not
applicable since the judgment is not yet final. Still on an appeal. Even if the accused
escape pending judgment of the appeal.
 Not applicable to sentence executed by deportation because the convicted person must be
deprived of liberty.
 Evasion of service of sentence is applicable even in destierro. Destierro is a partial
deprivation of liberty, in a sense that a person is not allowed to be in a certain city.
 Qualifying circumstances:
o Unlawful entry
o Breaking doors, windows, gates, walls, roofs, or floors.
o Using picklocks, false keys, disguise, violence or intimdation.
o Connivance with convicts or employees of the penal institution.
Penalty
 Prision correccional in its medium and maximum periods.
 Prision correccional in its maximum period if there is qualifying circumstances.

Art. 158 – Evasion of service of sentence on the occasional of disorders, conflagrations,

earthquakes, or other calamities
What is the essence?
 What is punished is not the leaving of the penal institution, but the failure of the convict
to give himself up to the authorities within 48 hours after the proclamation announcing
the passing away of the calamity.
Elements
1. Offender is a convict by final judgment, confined in a penal institution.
2. There is disorder, resulting from:
a. Conflagration

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b. Earthquake
c. Explosion
d. Similar catastrophe
e. Mutiny in which he has not participated
3. Offender evades the service of sentence by leaving on the occasion of such disorder or
during the mutiny;
4. Offender fails to give himself up to the authorities within 48 hours folloing the issuance
of proclamation by the president announcing the passing away of such calamity.
Note to remember
 The offender must be a convict by final judgment.
 To be entitled to the time allowance, the prisoner must evade his sentence by leaving the
institution. If he does not leave, he cannot belong to the class of convicts who, having
evaded the service of their sentence by leaving the penal institution give up within 48
hours.
Penalty
 If the offender gives himself up, he is entitled to a deduction of 1/5 of his sentence,
always remember the essence of this crime.
 If the offender fails to give himself up, he gets an increased penalty.

Art. 159 – Other cases of evasion of service of sentence

What is conditional pardon?
 Conditional pardon is a contract between the President, who grants the pardon, and the
convict, who accepts it. Since it is a contract, the pardoned convict is bound to fulfill its
conditions and accept all its consequences, not as he chooses, but according to its strict
terms.
What is the essence
 It is evasion because when the prisoner accepted the condition, no matter how onerous,
he must respect the condition. It is a contract between him and the President. Otherwise,
he is deemed to have accepted the conditional pardon only to be relieved of the penalty.
Further, conditional pardon is extended on the basis of good conduct in prison and the
presumption that the pardonee shall not commit an offense any more. If he violates the
condition of his pardon, it shows that he is not after all a reformed convict.
 The point is if you are granted with conditional pardon, you shall not again be found
guilty of any crime punishable by PH laws.
Elements (ConCon-Vio)
1. Offender was a convict;
2. He was granted a conditional pardon by the President;
3. He violated conditions of such pardon.
Note to remember
 Offender must be found guilty of subsequent offense before he can be prosecuted under
Art. 159.
 Condition imposed upon the prisoner that he should not commit another crime, extends to
offenses punished by special laws.
Penalty
 Pricion correccional in its minimum period – if offender violates the condition punishable
below 6 years.
 Above 6 years - convict shall suffer the unexpired portion of his original sentence.

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 CRIMINAL LAW II REVIEWER | SMAR NOTES
CHAPTER 7 – COMMISSION OF ANOTHER CRIME DURONG SERVICE OF
PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE

Art. 160 - Quasi-recidivism

What is Quasi-recidivism
 It is a special aggravating circumstance where a person after having been convicted by
final judgment, shall commit a new felony before beginning to serve such sentence, or
while serving the same.
What is the essence
Elements (Con-New)
1. Offender was already convicted by final judgment of one offense.
2. He committed a new felony before even beginning to serve such sentence or while
serving the same.
What are the ways to commit?
Note to remember
How to convict the accused
Not accepted defense
Reason for acquittal
Penalty

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