TITLE ONE 3.

Purpose of offender: to deliver the Philippines to enemy

I. CRIMES AGAINST NATIONAL SECURITY country; if merely to change officials – not treason
4. Filipino citizens can commit treason outside the
Philippines. But that of an alien must be committed in
the Philippines.
5. Only Filipino citizens or permanent resident aliens can be
Article 114
held liable
 ELEMENTS OF TREASON: 6. Alien: with permanent resident status from the BID – it is
1. That the offender owes allegiance to the Government of neither the length of stay in the Philippines nor the
the Philippines marriage with a Filipino that matters.
2. That there is a war in which the Philippines is involved
3. That the offender either – · On Citizenship
4. Levies war against the government,
1. breech of allegiance
 Treason cannot be proved by circumstantial evidence or
2. actual assembling of men by extra-judicial confession of the accused
3. for the purpose of executing a reasonable design  Actual hostilities may determine the date of the
4. breech of allegiance commencement of war
5. adherence  No such thing as attempted treason; mere attempt
6. giving aid or comfort to the enemy consummates the crime
5. Adheres to the enemies, giving them aid and comfort  Giving aid or comfort – material element, enhances
 Ways of proving treason: forces of the enemy country. Acts which strengthen or
1. 2 witnesses testifying to same overt act tend to strengthen the enemy in the conduct of war
Example: X saw arms landed in La Union and loaded into a motor against the traitor’s country or that which weaken and
vehicle. At this stage, not sufficient to convict yet. Y later saw the tend to weaken the power of the same.
arms unloaded in a warehouse. Will X + Y be sufficient witnesses Example: Financing arms procurement of enemy country. But
to convict? Answer: NO. Because the law requires that 2 giving of shelter is not necessarily “giving aid and comfort.”
witnesses see the SAME OVERT ACT.  Adherence and giving aid or comfort must concur
2. Confession of the accused in open court. Arraignment, together. Adherence: when a citizen intellectually or
pre-trial, trial – OK. emotionally favors the enemy and harbors convictions
1. If he has pleaded NOT guilty already during arraignment, disloyal to his country’s policy. But membership in the
he can still confess in open court by stating the particular police force during the occupation is NOT treason.
acts constituting treason. Example: Giving information to, or commandeering foodstuffs for
2. During trial, simply saying “I’m guilty” is not enough. the enemy.
3. Withdrawing plea of “not guilty” during arraignment not
necessary
 Adherence may be proved by: (1) one witness; (2) from
the nature of the act itself; (3) from the circumstances
4. If during arraignment he pleads guilty, court will ask if
surrounding the act.
the accused understands is plea. Submission of affidavit
during trial, even if assisted by counsel is not enough.  Treason is a CONTINUING CRIME. Even after the war,
offender can be prosecuted.
 Treason: breach of allegiance to the government,
committed by a person who owes allegiance to it.  If you convict a person for treason by reason of
Allegiance: obligation of fidelity and obedience. It is irresistible force or uncontrollable fear, you may
permanent or temporary depending on whether the use Art.12. No treason through negligence
person is a citizen or an alien.  When killings and other common crimes are charged as
 Evident premeditation, superior strength and treachery overt act of treason, they cannot be regarded as (1)
are circumstances inherent in treason, and are, separate crimes or (2) as complex with treason.
therefore, not aggravating.
 Treason cannot be committed in times of peace, only in
times of war – actual hostilities. But no need for Article 115
declaration of war CONSPIRACY TO COMMIT TREASON
 Levying of war: a) that there be an actual assembling of
men; b) for the purpose of executing a treasonable  ELEMENTS:
design by force (deliver the country in whole or in part to 1. In time of war
the enemy) 2. 2 or more persons come to an agreement to

· Not Treasonous: 1. levy war against the government, or

1. Acceptance of public office and discharge of official
duties under the enemy does not constitute per se the 2. adhere to the enemies and to give them aid or comfort,
felony of treason (exception: when it is policy
determining) 1. They decide to commit it
2. Serving in a puppet government (ministerial functions)
and in order to serve the populace is NOT treasonous.
 ELEMENTS OF PROPOSAL TO COMMIT TREASON
1. In time of war
But it is treason if: a) there is discretion involved; b)
2. A person who has decided to levy war against the
inflicts harm on Filipinos; c) it is disadvantageous to
government, or to adhere to the enemies and to give
them.
 them aid or comfort, proposes its execution to some
other person/s.
 Mere agreement and decisions to commit treason is
punishable
 Mere proposal even without acceptance is punishable
too. If the other accepts, it is already conspiracy.
Article 116
MISPRISION OF TREASON
 ELEMENTS:
1. That the offender must be owing allegiance to the
government, and not a foreigner
2. That he has knowledge of any conspiracy (to commit
treason) against the government
3. That he conceals or does not disclose and make known
the same as soon as possible to the governor or fiscal of
the province or the mayor or fiscal of the city in which he
resides
 Offender is punished as an accessory to the crime of
treason
 This crime does not apply if the crime of treason is
already committed
 Crime of omission
 “To report within a reasonable time” – depends on time,
place and circumstance – the RPC did not fix time.
 RPC states 4 individuals, what if you report to some
other high-ranking government official? Ex. PNP
Director? Judge Pimentel says any gov’t official of the
DILG is OK.
Article 117
Espionage by entering, without authority therefor, warship, fort,
or naval or military establishments or reservation to obtain any
information, plans, photographs or other data of a confidential
nature relative to the defense of the Philippines.
 ELEMENTS:
1. 1. That the offender enters any of the places mentioned
therein
1. 2. That he has no authority therefore;
2. That his purpose is to obtain information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines
Espionage by disclosing to the representative of a foreign nation
the contents of the articles, data, or information referred to in
paragraph 1 of Article 117, which he had in his possession by
reason of the public office holds
1. ELEMENTS: That the offender is a public officer
2. That he has in his possession the articles, data or
information referred to in par 1 of art 117, by reason of
the public office he holds
3. That he discloses their contents to a representative of a
foreign nation
 Purpose: to gather data
 Espionage: the offense of gathering, transmitting, or
losing information respecting the national defense with
the intent or reason to believe that the information is to
be used to the injury of the Philippines or the advantage
of any foreign nation. It is not conditioned on
citizenship.
 Not necessary that Philippines is at war with the country
to which the information was revealed. What is
important is that the information related is connected
with the defense system of the Philippines.
 Wiretapping is NOT espionage if the purpose is not
something connected with the defense
 See CA 616
II. CRIMES AGAINST LAWS OF NATIONS
Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
 ELEMENTS:
1. That the offender performs unlawful or unauthorized
acts
2. That such acts provoke or give occasion for a war
involving or liable to involve the Philippines or expose
Filipino citizens to reprisals on their persons or property
 Crime is committed in time of peace, intent is immaterial
 Inciting to war – offender is any person
 Reprisals is not limited to military action, it could be
economic reprisals, or denial of entry into their
country. Example. X burns Chinese flag. If China bans the
entry of Filipinos into China, that is already reprisal.
Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
1. That there is war in which the Philippines is not involved
2. That there is a regulation issued by competent authority
for the purpose of enforcing neutrality
3. That the offender violates such regulation
 Gov’t must have declared the neutrality of the Phil in a
war between 2 other countries
 It is neutrality of the Phil that is violated
 Congress has the right to declare neutrality
Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1. That it is in time of war in which the Philippines is
involved
2. That the offender makes correspondence with an enemy
country or territory occupied by enemy troops
3. That the correspondence is either –
1. prohibited by the government, or
2. carried on in ciphers or conventional signs, or
3. containing notice or information which might
be useful to the enemy
 Circumstances qualifying the offense:
a. notice or information might be useful to the enemy
b. offender intended to aid the enemy
 Hostile country exist only during hostilities or after the
declaration of war
 Correspondence to enemy country – correspondence to
officials of enemy country – even if related to you.
  It is not correspondence with private individual in enemy
country
 If ciphers were used, no need for prohibition
 If ciphers were not used, there is a need for prohibition
 In any case, it must be correspondence with the enemy Piracy Mutiny
country
 Doesn’t matter if correspondence contains innocent Robbery or forcible Unlawful resistance to a
matters – if prohibited, punishable degradation on the high seas, superior officer, or the
without lawful authority and raising of commotion and
done with animo furandi and in disturbances on board a
Article 121 the spirit and intention of ship against the authority of
FLIGHT TO ENEMY’S COUNTRY universal hostility. its commander

 ELEMENTS Intent to gain is an element.

1. That there is a war in which the Philippines is involved
2. That the offender (Filipino or resident alien) must be Attack from outside. Offenders
owing allegiance to the government are strangers to the vessel.
3. That the offender attempts to flee or go to enemy (this is the standing rule with
country the repeal of PD 532 which
4. That going to enemy country is prohibited by competent made it possible for any person
authority to commit piracy including a
passenger or complement of
 Mere attempt consummates the crime the vessel). Attack from the inside.
 There must be a prohibition. If none, even if went to
enemy country – no violation
 Alien resident may be guilty here.

Article 123
Article 122 QUALIFIED PIRACY

PIRACY
 CIRCUMSTANCES:
1. Whenever they have seized a vessel by boarding or firing
 2 Ways of Committing Piracy upon the same
1. By attacking or seizing a vessel on the high seas or in the 2. Whenever the pirates have abandoned their victims
Philippine waters (PD 532) without means of saving themselves
2. By seizing the whole or part of the cargo of said vehicles, 3. Whenever the crime is accompanied by murder,
its equipment or personal belongings of its complement homicide, physical injuries, or rape. (the above may
or passengers result to qualified mutiny)
 Elements:  Parricide/infanticide should be included (Judge Pimentel)
1. That a vessel is on the high seas/Philippine waters
2. That the offenders are not members of its complement
 Note the new rape law. Death is imposed in certain
types of rape
or passengers of the vessel
3. That the offenders –  There is a conflict between this provision and the
1. attack or seize that vessel or (hence, if provision on rape. Ex. If rape is committed on someone
committed by crew or passengers, the crime is below 7 – death under the new rape law. But if rape
not piracy but robbery in the high seas) committed on someone below 7 during the time of
2. seize the whole or part of the cargo of said piracy – RP to death. Irreconcilable.
vessel, its equipment or personal belongings of  Murder/rape/homicide/physical injuries must have been
its complement or passengers committed on the passengers or complement
 High seas: any waters on the sea coast which are without
the boundaries of the low water mark although such
waters may be in the jurisdictional limits of a foreign
gov’t
 PD 532 has been already repealed
 Piracy in high seas – jurisdiction is with any court where
offenders are found or arrested
 Piracy in internal waters – jurisdiction is only with
Philippine courts
 For purpose of Anti-Fencing Law, piracy is part
of robbery and theft
TITLE TWO
I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Classes of Arbitrary Detention:
1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper
judicial authorities
3. Delaying release
Article 124
ARBITRARY DETENTION
 ELEMENTS:
1. That the offender is a public officer or employee (whose
official duties include the authority to make an arrest
and detain persons; jurisdiction to maintain peace and
order).
2. That he detains a person (actual restraint).
3. That the detention was without legal grounds (cannot be
committed if with warrant).
 Detention: when a person is placed in confinement or
there is a restraint on his person.
 Though the elements specify that the offender be a
public officer or employee, private individuals who
conspire with public officers can also be liable.
 Legal grounds for the detention of any person:
 Without legal grounds:
 Know grounds for warrantless arrest:
 For escaped prisoner – no need for warrant
 Rolito Go v. CA is an example of arbitrary detention
(Judge Pimentel)
 Example: Y was killed by unknown assailant. Officers got
a tip and arrested X. X voluntarily admitted to the
officers that he did it although he was not asked. X was
detained immediately. According to the SC, there was
NO arbitrary detention. Why? Because once X made a
confession, the officers had a right to arrest him.
 Continuing crime is different from a continuous crime
 Ramos v. Enrile: Rebels later on retire. According to the
SC, once you have committed rebellion and have not
been punished or amnestied, then the rebels continue to
engage in rebellion, unless the rebels renounce his
affiliation. Arrest can be made without a warrant
because this is a continuing crime.
1. commission of a crime
2. violent insanity or other ailment requiring compulsory
confinement of the patient in a hospital
1. he has not committed any crime or no reasonable
ground of suspicion that he has committed a crime
2. not suffering from violent insanity or any other ailment
requiring compulsory confinement in a hospital
1. Crime is about to be, is being, has been committed
2. Officer must have reasonable knowledge that the person
probably committed the crime
Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
 ELEMENTS:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal grounds
3. That he fails to deliver such person to the proper judicial
authority within:
1. 12 hours, if detained for crimes/offenses punishable by
light penalties, or their equivalent
2. 18 hours, for crimes/offenses punishable by correctional
penalties, or their equivalent or
3. 36 hours, for crimes/offenses punishable by capital
punishment or afflictive penalties, or their equivalent
 Really means delay in filing necessary information or
charging of person detained in court. May be waived if a
preliminary investigation is asked for.
 Does not contemplate actual physical delivery but at
least there must be a complaint filed. Duty complied
with upon the filing of the complaint with the judicial
authority (courts, prosecutors – though technically not a
judicial authority, for purposes of this article, he’s
considered as one.)
 The filing of the information in court does not cure
illegality of detention. Neither does it affect the legality
of the confinement under process issued by the court.
 To escape from this, officers usually ask accused to
execute a waiver which should be under oath and with
assistance of counsel. Such waiver is not violative of the
accused constitutional right.
 What is length of waiver? Light offense – 5 days. Serious
and less serious offenses – 7 to 10 days. (Judge Pimentel)
 Article does not apply when arrest is via a warrant of
arrest
 If offender is a private person, crime is illegal detention
Delay in Delivery of Detained
Arbitrary Detention (124) (125)
Detention is legal in the
beginning, but illegality starts
from the expiration of the
specified periods without the
persons detained having been
Detention is illegal from the delivered to the proper
beginning. judicial authority.
Article 126
DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release
of a prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such
person
3. That the offender without good reason delays:
1. the service of the notice of such order to the
prisoner, or
2. the performance of such judicial or executive
order for the release of the prisoner, or
3. the proceedings upon a petition for the release
of such person
 Three acts are punishable:
  Wardens and jailers are the persons most likely to
violate this provision
 Provision does not include legislation
1. delaying the performance of a judicial or executive order
for the release of a prisoner
2. delaying the service of notice of such order to said
prisoner
3. delaying the proceedings upon any petition for the
liberation of such person
Article 127
EXPULSION
ELEMENTS:
1. That the offender is a public officer or employee
2. That he expels any person from the Philippines, or
compels a person to change his residence
3. That the offender is not authorized to do so by law
 2 acts punishable:
1. by expelling a person from the Philippines
2. by compelling a person to change his residence
(The crime of expulsion absorbs that of grave coercion. If done by
a private person, will amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes’ case
 Does not include undesirable aliens; destierro; or when
sent to prison
 If X (Filipino) after he voluntarily left, is refused re-entry
– is considered forcing him to change his address here
 Threat to national security is not a ground to expel or
change his address.
Article 128
VIOLATION OF DOMICILE
ELEMENTS:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the
dwelling and/or to make a search therein for papers or
other effects
3. That he commits any of the following acts:
1. entering any dwelling against the will of the
owner thereof
2. searching papers or other effects found therein
without the previous consent of such owner
3. refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same
 Aggravating Circumstance (medium and maximum of
penalty imposed):
 If the offender who enters the dwelling against the will
of the owner thereof is a private individual, the crime
committed is trespass to dwelling (Art 280)
 When a public officer searched a person “outside his
dwelling” without a search warrant and such person is
not legally arrested for an offense, the crime committed
by the public officer is grave coercion, if violence or
intimidation is used (Art 286), or unjust vexation, if there
is no violence or intimidation (Art 287)
 A public officer without a search warrant cannot lawfully
enter the dwelling against the will of the owner, even if
he knew that someone in that dwelling is having
unlawful possession of opium
 3 acts punishable:
 “Being authorized by law” – means with search warrant,
save himself or do some things good for humanity
 There must be expression that entry is denied or that he
is asked to leave
 Papers and effects need not be part of a crime.
1. offense committed at nighttime
2. papers or effects not constituting evidence of a crime be
not returned immediately
1. person enters dwelling w/o consent or against the will
2. person enters and searches for papers and effects
3. person entered secretly and refuses to leave after being
asked to
Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause
ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY
OR USING UNNECESSARY SEVERITY IN EXECUTING A SEARCH
WARRANT LEGALLY PROCURED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or uses unnecessary
severity in executing the same
 Search warrant is valid for 10 days from its date
 Search warrant is an order in writing issued in the name
of the People, signed by the judge and directed to a
public officer, commanding him to search for personal
property described therein and bring it before the court
 No just cause – warrant is unjustified
 Search – limited to what is described in the warrant, all
details must be with particularity
 Malicious warrant. Example. X was a respondent of a
search warrant for illegal possession of firearms. A
return was made. The gun did not belong to X and the
witness had no personal knowledge that there is a gun in
that place.
 Abuse examples:
1. X owner was handcuffed while search was going-on.
2. Tank was used to ram gate prior to announcement
that a search will be made
3. Persons who were not respondents were searched
Article 130
 ELEMENTS OF SEARCHING DOMICILE WITHOUT
WITNESSES:
1. That the offender is a public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches the domicile, papers or other
belongings of any person
4. That the owner, or any member of his family, or two
witnesses residing in the same locality are not present
 Order of those who must witness the search:
 Validity of the search warrant can be questioned only in
2 courts: where issued or where the case is pending.
Latter is preferred for objective determination.
1. Homeowner
2. Members of the family of sufficient age and discretion
3. Responsible members of the community (can’t be
influenced by the searching party)
Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL
MEETINGS
 ELEMENTS:
1. Offender is a public officer or employee
2. He performs any of the ff. acts:
1. prohibiting or interrupting, without legal ground the
holding of a peaceful meeting, or dissolving the same
(e.g. denial of permit in arbitrary manner).
2. hindering any person from joining any lawful association
or from attending any of its meetings
 prohibiting or hindering any person from addressing,
either alone or together with others, any petition to the
authorities for the correction of abuses or redress of
grievances
 If the offender is a private individual, the crime is
disturbance of public order (Art 153)
 Meeting must be peaceful and there is no legal ground
for prohibiting, dissolving or interrupting that meeting
 Meeting is subject to regulation
 Offender must be a stranger, not a participant, in the
peaceful meeting; otherwise, it’s unjust vexation
 Interrupting and dissolving a meeting of the municipal
council by a public officer is a crime against the
legislative body, not punishable under this article
 The person talking on a prohibited subject at a public
meeting contrary to agreement that no speaker should
touch on politics may be stopped
 But stopping the speaker who was attacking certain
churches in public meeting is a violation of this article
 Prohibition must be without lawful cause or without
lawful authority
 Those holding peaceful meetings must comply with local
ordinances. Example: Ordinance requires permits for
meetings in public places. But if police stops a meeting in
a private place because there’s no permit, officer is liable
for stopping the meeting.
Article 132
INTERRUPTION OF RELIGIOUS WORSHIP
 ELEMENTS:
1. That the officer is a public officer or employee
2. That religious ceremonies or manifestations of any
religion are about to take place or are going on
3. That the offender prevents or disturbs the same
 Circumstance qualifying the offense: if committed with
violence or threats
 Reading of Bible and then attacking certain churches in a
public plaza is not a ceremony or manifestation of
religion, but only a meeting of a religious sect. But if
done in a private home, it’s a religious service
 Religious Worship: people in the act of performing
religious rites for a religious ceremony; a manifestation
of religion. Ex. Mass, baptism, marriage
 X, a private person, boxed a priest while the priest was
giving homily and while the latter was maligning a
relative of X. Is X liable? X may be liable under Art 133
because X is a private person.
 When priest is solemnizing marriage, he is a person in
authority, although in other cases, he’s not.
Article 133
OFFENDING RELIGIOUS FEELINGS
 ELEMENTS:
1. That the acts complained of were performed –
1. in a place devoted to religious feelings, or (for this
element, no need of religious ceremony, only the place is
material)
2. during the celebration of any religious ceremony
2. That the acts must be notoriously offensive to the
feelings of the faithful (deliberate intent to hurt the
feelings)
3. The offender is any person
4. There is a deliberate intent to hurt the feelings of the
faithful, directed against religious tenet
 If in a place devoted to religious purpose, there is no
need for an ongoing religious ceremony
 Example of religious ceremony (acts performed outside
the church). Processions and special prayers for burying
dead persons but NOT prayer rallies
 Acts must be directed against religious practice or
dogma or ritual for the purpose of ridicule, as mocking or
scoffing or attempting to damage an object of religious
veneration
 There must be deliberate intent to hurt the feelings of
the faithful, mere arrogance or rudeness is not enough.
 Nature of Who are If Element
CRIME Crime Liable Missing

Prohibition,
Interruption
and Crime against
Dissolution of the If not by
Peaceful fundamental Public public
Meeting law of the officers, officer =
(131) state Outsiders tumults

If by insider
= unjust
vexation

If not
religious =
tumult or
alarms

If not
notoriously
Crime against
offensive =
Interruption the
unjust
of Religious fundamental Public
Worship law of the officers, vexation
(132) state Outsiders

If not
tumults =
alarms and
scandal

If meeting
illegal at
onset =
Public
inciting to
officers,
Offending the private sedition or
rebellion
Religious Crime against persons,
Feeling (133) public order outsiders
TITLE THREE  Not necessary that there is killing, mere threat of
I. CRIMES AGAINST PUBLIC ORDER removing Phil is sufficient
Article 134  Rebellion cannot be complexed with any other
crime. However, illegal possession of firearms in
REBELLION OR INSURRECTION
furtherance of rebellion is distinct from the crime of
 ELEMENTS: rebellion. Furthermore, it is a continuing crime such
1. That there be – along with the crime of conspiracy or proposal to
1. public uprising and commit such
2. taking arms against the government (force/violence)
 A private crime may be committed during rebellion.
2. That the purpose of the uprising or movement is either
Examples: killing, possessions of firearms, illegal
association are absorbed. Rape, even if not in
1. to remove from the allegiance to said government or its laws – furtherance of rebellion cannot be complexed
 If killing, robbing were done for private purposes or for
1. i. the territory of the Philippines or any part profit, without any political motivation, the crime would
thereof, or be separately be punished and would not be embraced
by rebellion (People v. Fernando)
ii. any body of land, naval or other armed forces, or  Read People v. Hernandez and Enrile v. Salazar
 Person deemed leader of rebellion in case he is
2 To deprive the chief executive or congress, wholly or partially, unknown:
of any of their powers or prerogatives
 Any person who in fact:
1. directed the others
 Persons liable for rebellion 2. spoke for them
1. Any person who: 3. signed receipts and other documents issued in their
name
1. promotes 4. performed similar acts on behalf of the rebels

2. maintains, or

3. heads a rebellion or insurrection; or Article 134-A

COUP D E’TAT
2. Any person who, while holding any public office or  ELEMENTS:
employment, takes part therein by: 1. Swift attack
1. engaging in war against the forces of the government 2. Accompanied by violence, intimidation, threat, strategy
2. destroying property or committing serious violence or stealth
3. exacting contributions or diverting public funds from the 3. Directed against:
lawful purpose for which they have been appropriated 4. duly constituted authorities
(Note: “diverting public funds” is malversation absorbed 5. any military camp or installation
in rebellion); 6. communication networks or public utilities
4. Any person merely participating or executing the 1. other facilities needed for the exercise and
command of others in rebellion continued possession of power
 Success is immaterial, purpose is always political 7. Singly or simultaneously carried out anywhere in the
Philippines
 Rebellion used where the object of the movement is 1. Committed by any person or persons belonging
completely to overthrow and supersede the existing to the military or police or holding any public
government office or employment; with or without civilian
 Insurrection refers to a movement which seeks merely to support or participation
effect some change of minor importance to prevent the 8. With or without civilian support or participation
exercise of gov’t authority w/ respect to particular 9. Purpose of seizing or diminishing state power
matters or subjects  Crime may be committed by a single person, any
 Actual clash of arms w/ the forces of the gov’t, not government employee and even by civilian
necessary to convict the accused who is in conspiracy w/  Taking up of arms not even necessary, what is important
others actually taking arms against the gov’t is violence, threat, intimidation, strategy or stealth
 Purpose of the uprising must be shown but it is not
necessary that it be accomplished
 A change of government w/o external participation
 RISING PUBLICLY and TAKING ARMS AGAINST
GOVERNMENT – actual participation. If there is no
public uprising, the crime is of direct assault.
 Mere giving of aid or comfort is not criminal in the case
of rebellion. Merely sympathizing is not participation,
there must be ACTUAL participation
 Rebelli Coup  Serious violence is that inflicted upon civilians, which
Treason on d’etat Sedition may result in homicide. It is not limited to hostilities
(114) (134) (134-A) (139) against the armed force.
 Diverting public funds is malversation absorbed in
Crime rebellion
against Crime Crime Crime
Nature
Nationa against against against 1. Public officer must take active part because mere silence
of
l Public Public Public or omission not punishable in rebellion
Crime
Security Order Order Order 2. It is not a defense in rebellion that the accused never
took the oath of allegiance to, or that they never
Levying recognized the government
war 3. Rebellion cannot be complexed with murder and other
against common crimes committed in pursuance of the
the movement to overthrow the government
gov’t; Public 4. Killing, robbing etc for private persons or for profit,
uprisin Rising without any political motivation, would be separately
g publicly or punished and would not be absorbed in the rebellion.
OR
tumultuo
usly
adheren AND
(caused
ce and by more
giving Taking than 3 Article 136
aid or up armed CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
comfort arms men or  ELEMENTS:
to against provided 1. 2 more persons come to an agreement to rise publicly
enemie the with and take arms against the government
Overt s gov’t See means of 2. For any of the purposes of rebellion
Acts
article. violence) 3. They decide to commit it
PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)
Deliver  ELEMENTS:
the Seizing  Organizing a group of soldiers, soliciting membership in,
Purpos gov’t to or See and soliciting funds for the organization show conspiracy
e of enemy diminishi enumerati to overthrow the gov’t
objecti during See ng state on in
ve war article. power. article.  The mere fact of giving and rendering speeches favoring
Communism would not make the accused guilty of
conspiracy if there’s no evidence that the hearers then
and there agreed to rise up in arms against the gov’t
 Conspiracy must be immediately prior to rebellion
Article 135  If it is during the rebellion, then it is already taking part
Penalties in it.
 Who are liable? 1. A person who has decided to rise publicly and take arms
1. Any person who: the government
1. Promotes 2. For any of the purposes of rebellion
2. Maintains 3. Proposes its execution to some other person/s
3. heads a rebellion or insurrection
4. engaging in war against the forces of the gov’t Article 137
5. destroying property or committing serious violence
6. exacting contributions or diverting public funds from the DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
lawful purpose for which they have been appropriated
2. Any person who, while holding any public office or
 ELEMENTS:
employment, takes part therein  Presupposes existence of rebellion
3. Any person merely participating or executing the  Must not be in conspiracy with rebels or coup plotters
command of other in a rebellion.  If there are means to prevent the rebellion but did not
resist it, then there’s disloyalty. If there are no means, no
In Government Service Not in Government Service fault
 If position is accepted in order to protect the people, not
Anyone who participates or in covered by this
Anyone who leads, directs, an manner, supports,  The collaborator must not have tried to impose the
commands others to finances, abets, aids in a wishes of the rebels of the people.
undertake a coup. coup. 1. Failing to resist rebellion by all the means in their power
2. Continuing to discharge the duties of their offices under
 the control of rebels
3. Accepting appointment to office under rebels
 tumultuous. In rebellion – there must be taking up of
arms against the government.
Article 138  Sedition – purpose may be either political or social. In
rebellion – always political
INCITING TO REBELLION OR INSURRECTION
 ELEMENTS:
 Tumultuous – caused by more than 3 persons who are
armed or provided with means of violence
1. That the offender does not take arms or is not in open
hostility against the government  Preventing public officers from freely exercising their
2. That he incites others to the execution of any of the acts functions
of rebellion  In sedition – offender may be a private or public person
3. That the inciting is done by means of speeches, (Ex. Soldier)
proclamations, writings, emblems, banners or other  Public uprising and the object of sedition must concur
representations tending to the same end
 Q: Are common crimes absorbed in sedition? In P v.
 Intentionally calculated to seduce others to rebellion Umali, SC held that NO. Crimes committed in that case
 There must be uprising to take up arms and rise publicly were independent of each other.
for the purposes indicated in Art 134  Preventing election through legal means – NOT sedition
 But when sugar farmers demonstrated and destroyed
the properties of sugar barons – sedition
Proposal to Commit  Persons liable for sedition:
Rebellion (136) Inciting to Rebellion (138) 1. leader of the sedition, and
2. other persons participating in the sedition
Not required that the
The person who proposes has offender has decided to
decided to commit rebellion. commit rebellion.

The person who proposes the Article 142

execution of the crime uses INCITING TO SEDITION
secret means. The inciting is done publicly.  ELEMENTS:
1. That the offender does not take a direct part in the crime
of sedition
2. That he incites others to the accomplishment of any of
the acts which constitute sedition (134)
Article 139 3. That the inciting is done by means of speeches,
SEDITION proclamations, writing, emblems, cartoons, banners, or
 ELEMENTS: other representations tending to the same end (purpose:
1. That the offenders rise – cause commotion not exactly against the government;
1. Publicly (if no public uprising = tumult and other actual disturbance not necessary)
disturbance of public order)  Different acts of inciting to sedition:
2. Tumultuously (vis-à-vis rebellion where there must be a  When punishable:
taking of arms) 1. Inciting others to the accomplishment of any of the acts
3. to prevent the promulgation or execution of any law or which constitute sedition by means of speeches,
the holding of any popular election proclamations, writings, emblems etc.
4. to prevent the national government, or any provincial or 2. Uttering seditious words or speeches which tend to
municipal government, or any public thereof from freely disturb the public peace or writing, publishing, or
exercising its or his functions, or prevent the execution circulating scurrilous [vulgar, mean, libelous] libels
of any administrative order against the government or any of the duly constituted
5. to inflict any act or hate or revenge upon the person or authorities thereof, which tend to disturb the public
property of any public officer or employee peace
6. to commit for any political or social end, any act of hate 3. Knowingly concealing such evil practices
or revenge against private persons or any social class 1. when they tend to disturb or obstruct any lawful officer
(hence, even private persons may be offended parties) in executing the functions of his office; or
7. to despoil, for any political or social end, any person, 2. when they tend to instigate others to cabal and meet
municipality or province, or the national government of together for unlawful purposes
all its property or any part thereof 3. when they suggest or incite rebellious conspiracies or
2. That they employ force, intimidation, or other means riots; or
outside of legal methods 4. when they lead or tend to stir up the people against the
3. That the offenders employ any of those means to attain lawful authorities or to disturb the peace of the
any of the following objects: community, the safety and order of the government
 Sedition: raising of commotion or disturbances in the
State. Its ultimate object is a violation of the public II. CRIMES AGAINST POPULAR REPRESENTATION
peace or at least such measures that evidently
engenders it. Article 143
 Difference from rebellion – object or purpose of the ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND
surprising. For sedition – sufficient that uprising is SIMILAR BODIES
  ELEMENTS:
1. That there be a projected or actual meeting of Congress
or any of its committees or subcommittees,
constitutional commissions or committees or division
thereof, or of any provincial board or city or municipal
council or board
2. That the offender who may be any persons prevents
such meeting by force or fraud
 Chief of Police and mayor who prevented the meeting of
the municipal council are liable under Art 143, when the
defect of the meeting is not manifest and requires an
investigation before its existence can be determined.
Article 144
DISTURBANCE OF PROCEEDINGS
 ELEMENTS:
1. That there be a meeting of Congress or any of its
committees, constitutional commissions or committees
or divisions thereof, or of any provincial board or city or
municipal council or board
2. That the offender does any of the following acts
1. he disturbs any of such meetings
2. he behaves while in the presence of any such
bodies in such a manner as to interrupt its
proceedings or to impair the respect due it
 Complaint must be filed by member of the Legislative
body. Accused may also be punished for contempt.
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
 Acts punishable:
1. By using force, intimidation, threats, or frauds to prevent
any member of Congress from –
1. attending the meeting of the assembly or any of its
committees, constitutional commissions or committees
or divisions thereof, or from
2. expressing his opinions or
3. casting his vote
2. By arresting or searching any member thereof while
Congress is in a regular or special session, except in case
such member has committed a crime punishable under
the code by a penalty higher than prision mayor
Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a
regular or special session
4. That the member searched has not committed a crime
punishable under the code by a penalty higher than
prision mayor (1987 constitution: privilege from arrest
while congress in session in all offenses punishable by
not more than 6 years imprisonment).
 Article partly inoperative because of the 1987
Constitution
III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Article 146
ILLEGAL ASSEMBLIES
 Two (2) Types of illegal assemblies:
a. Meeting of the first form
1. Meeting, gathering or group of persons whether in a
fixed place or moving
2. purpose : to commit any of crimes punishable under the
code
3. meeting attended by armed persons
b. Meeting of the second form
1. Meeting, gathering or group of persons whether in a
fixed place or moving
2. Audience whether armed or not, is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
 Not all the persons present at the meeting of the first
form of illegal assembly must be armed
 Persons liable for illegal assembly
 Responsibility of persons merely present at the meeting
 Presumptions if person present at the meeting carries an
unlicensed firearm:
1. the organizers or leaders of the meeting
2. persons merely present at the meeting (except when
presence is out of curiosity – not liable)
1. if they are not armed, penalty is arresto mayor
2. if they carry arms, like bolos or knives, or licensed
firearms, penalty is prision correccional
1. purpose of the meeting is to commit acts punishable
under the RPC
2. considered as leader or organizer of the meeting
Article 147
ILLEGAL ASSOCIATIONS
 ELEMENTS:
 Persons liable:
1. Organized totally or partially for the purpose of
committing any of the crimes in RPC
2. Or for some purpose contrary to public morals
1. founders, directors and president of the association
2. mere members of the association
Illegal Assembly (146) Illegal Association (147) Force
Employed Intimidation/Resistance
Must be an actual meeting of
armed persons to commit any
of the crimes punishable Need not be
under the RPC, or of serious Serious
Person in
individuals who, although not
Authority
armed, are incited to the
commission of treason,
rebellion, sedition or assault
upon a person in authority of Must be of
his agent. No need for such serious
character Serious
It is the meeting and the Act of forming or organizing Agent
attendance at such that are and membership in the
punished association

Persons liable: leaders and Founders, directors,

those present president and members
IV. ASSAULT, RESISTANCE AND DISOBEDIENCE
Article 148
DIRECT ASSAULT
 ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT
1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the objects
of the crimes of sedition. (victim need not be person in
authority)
3. That there is no public uprising.
 ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:
1. That the offender (a) makes an attack, (b) employs force,
(c) makes a serious intimidation, or (d) makes a serious
resistance.
2. That the person assaulted is a person in authority or his
agent.
3. That at the time of the assault the person in authority or
his agent (a) is engaged in the actual performance of
official duties (motive is not essential), or that he is
assaulted (b) by reason of the past performance of
official duties (motive is essential).
4. That the offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of his
duties (with intention to offend, injure or assault).
5. That there is no public uprising.
 Always complexed with the material consequence of the
act (e.g. direct assault with murder) except if resulting in
a light felony, in which case, the consequence is
absorbed
 Hitting the policeman on the chest with fist is not direct
assault because if done against an agent of a person in
authority, the force employed must be of serious
character
 The force employed need not be serious when the
offended party is a person in authority (ex. Laying of
hands)
 The intimidation or resistance must be serious whether
the offended party is an agent only or a person in
authority (ex. Pointing a gun)
 Person in authority: any person directly vested with
jurisdiction (power or authority to govern and execute
the laws) whether as an individual or as a member of
some court or governmental corporation, board or
commission
 A barangay captain is a person in authority, so is a
Division Superintendent of schools, President of Sanitary
Division and a teacher
 Agent: is one who, by direct provision of law or by
election or by appointment by competent authority, is
charged with the maintenance of public order and the
protection and security of life and property. (Example.
Barrio councilman and any person who comes to the aid
of the person in authority, policeman, municipal
treasurer, postmaster, sheriff, agents of the BIR,
Malacañang confidential agent)
 Even when the person in authority or the agent agrees
to fight, still direct assault.
 When the person in authority or the agent
provoked/attacked first, innocent party is entitled to
defend himself and cannot be held liable for assault or
resistance nor for physical injuries, because he acts in
legitimate self-defense
 There can be no assault upon or disobedience to one
authority by another when they both contend that they
were in the exercise of their respective duties.
 When assault is made by reason of the performance of
his duty there is no need for actual performance of his
official duty when attacked
 Circumstances qualifying the offense (Qualified Assault):
 Complex crime of direct assault with homicide or
murder, or with serious physical injuries.
 Direct assault cannot be committed during rebellion.
1. when the assault is committed with a weapon
2. when the offender is a public officer or employee
3. when the offender lays hand upon a person in authority
Article 149
INDIRECT ASSAULT
 ELEMENTS:
1. That a person in authority or his agent is the victim of
any of the forms of direct assault defined in ART. 148.
2. That a person comes to the aid of such authority or his
agent.
 3. That the offender makes use of force or intimidation
Resistant and Disobedience to
upon such person coming to the aid of the authority or
a Person in Authority or
his agent.
Direct Assault (148) Agents of such Person (151)
 Indirect assault can be committed only when a direct
assault is also committed PIA or his agent must be
 To be indirect assault, the person who should be aided is engaged in the performance PIA or his agent must be in the
the agent (not the person in authority because it is of official duties or that he is actual performance of his
already direct assault, the person coming to the aid of assaulted duties.
the person in authority being considered as an agent and
an attack on the latter is already direct assault). Direct assault is committed
Example. Aiding a policeman under attack. in 4 ways – by attacking,
employing force, and Committed by resisting or
seriously resisting a PIA or seriously disobeying a PIA or
his agent. his agent.
Article 150
DISOBEDIENCE TO SUMMONS Use of force against an agent
of a PIA is not so serious; no
 Acts punishable:
Use of force against an manifest intention to defy the
1. refusing without legal excuse to obey summons
agent of PIA must be serious law and the officers enforcing
2. refusing to be sworn or placed under affirmation
and deliberate. it.
3. refusing to answer any legal inquiry to produce books,
records etc.
4. restraining another from attending as witness in such
body Article 152
5. inducing disobedience to a summons or refusal to be PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:
sworn  Persons in Authority – any person directly vested with
jurisdiction, whether as an individual or as a member of
some court or governmental corporation, board or
commission.
Article 151 1. Barangay captain
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE 2. Barangay chairman
AGENT OF SUCH PERSON (par. 1) 3. Teachers
4. Professors
 ELEMENTS:
5. Persons charged with the supervision of public or duly
1. That a person in authority or his agent is engaged in the
recognized private schools, colleges and universities
performance of official duty or gives a lawful order to
6. Lawyers in the actual performance of their professional
the offender.
duties or on the occasion of such performance
2. That the offender resists or seriously disobeys such
person in authority or his agent.  Agent of Person in Authority – any person who, by direct
3. That the act of the offender is not included in the provision of law or by election or by appointment by
provisions of arts. 148, 149 and 150. competent authority, is charged with the maintenance
SIMPLE DISOBEDIENCE (par. 2) of public order and the protection and security of life
and property.
 ELEMENTS:
1. Barrio councilman
1. That an agent of a person in authority is engaged in the
2. Barrio policeman
performance of official duty gives a lawful order to the
3. Barangay leader
offender.
4. Any person who comes to the aid of persons in authority
2. That the offender disobeys such agent of a person in
authority.  Section 388 of the Local Gov’t Code provides that “for
3. That such disobedience is not of a serious nature. purposes of the RPC, the punong barangay, sangguniang
barangay members and members of the lupong
tagapamayapa in each barangay shall be deemed
as persons in authority in their jurisdictions, while other
barangay officials and members who may be designated
by law or ordinance and charged with the maintenance
of public order, protection and the security of life,
property, or the maintenance of a desirable and
balanced environment, and any barangay member who
comes to the aid of persons in authority shall be
deemed AGENT of persons in authority.
V. CRIMES AGAINST PUBLIC DISORDERS 3. Disturbing the public peace while wandering about at
night or while engaged in any other nocturnal
Article 153 amusement
 TYPES OF TUMULTS AND OTHER DISTURBANCES OF 4. Causing any disturbance or scandal in public places while
PUBLIC ORDER: intoxicated or otherwise, provided the act is not covered
1. Causing any serious disturbance in a public place, office by Art 153 (tumult).
or establishment  Charivari – mock serenade or discordant noises made
2. Interrupting or disturbing public performances, with kettles, tin horns etc, designed to deride, insult or
functions, gatherings or peaceful meetings, if the act is annoy
not included in Art 131 and 132 (Public Officers  Firearm must not be pointed at a person, otherwise, it is
interrupting peaceful meetings or religious worship). illegal discharge
3. Making any outcry tending to incite rebellion or sedition
in any meeting, association or public place
 What governs is the result, not the intent
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 Who are
legally executed. CRIME Nature of Crime Liable
 If the act of disturbing or interrupting a meeting or
religious ceremony is NOT committed by public officers, Private
or if committed by public officers they are not Tumults and other Crime against persons,
participants therein, this article applies. Art 131 and 132 Disturbances (153) Public Order outsider
punishes the same acts if committed by public officers
who are NOT participants in the meeting Private
 The outcry is merely a public disorder if it is an Alarms and Scandals Crime against persons,
unconscious outburst which, although rebellious or (155) Public Order outsider
seditious in nature, is not intentionally calculated to
induce others to commit rebellion or sedition, otherwise,
its inciting to rebellion or sedition.
 Tumultuous – if caused by more than 3 persons who are Article 156
armed or provided with means of violence (circumstance
qualifying the disturbance/interruption) – “tumultuous  ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
in character” 1. That there is a person confined in a jail or penal
Article 154 establishment.
2. That the offender removes therefor such person, or
 TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION helps the escape of such person (if the escapee is serving
AND UNLAWFUL UTTERANCES: final judgement, he is guilty of evasion of sentence).
1. Publishing or causing to be published, by means of 3. Offender is a private individual
printing, lithography or any other means of publication
as news any false news which may endanger the public  Prisoner may be detention prisoner or one sentenced by
order, or cause damage to the interest or credit of the virtue of a final judgment
State.  A policeman assigned to the city jail as guard who while
2. Encouraging disobedience to the law or to the off-duty released a prisoner is liable here
constituted authorities or by praising, justifying or  It may be committed through negligence
extolling any act punished by law, by the same means or  Circumstances qualifying the offense – is committed by
by words, utterances or speeches means of violence, intimidation or bribery.
3. Maliciously publishing or causing to be published any
official resolution or document without proper authority,  Mitigating circumstance – if it takes place outside the
or before they have been published officially penal establishment by taking the guards by surprise
4. Printing, publishing or distributing or (causing the same)
books, pamphlets, periodicals or leaflets which do not
bear the real printer’s name or which are classified as
anonymous. VI. EVASION OF SENTENCE OR SERVICE

Article 157
 ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
Article 155 1. That the offender is a convict by final judgment.
 TYPES OF ALARMS AND SCANDALS: 2. That he is serving his sentence which consists in
1. Discharging any firearm, rocket, firecracker, or other deprivation of liberty (destierro included)
explosive within any town or public place, calculated to 3. That he evades the service of his sentence by escaping
cause alarm or danger during the term if his sentence. (fact of return
2. Instigating or taking active part in any charivari or other immaterial).
disorderly meeting offensive to another or prejudicial to  A continuing offense.
public tranquility  Offenders – not minor delinquents nor detention
prisoners
 If escaped within the 15 day appeal period – no evasion
  No applicable to deportation as the sentence
 Flimsy excuse for violating destierro – not acceptable
 Circumstances qualifying the offense (done thru):
1. unlawful entry (by “scaling”)
2. breaking doors, windows, gates, walls, roofs or floors
3. using picklocks, false keys, disguise, deceit, violence or
intimidation
4. connivance with other convicts or employees of the
penal institution
Article 158
 ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON
THE OCCASION OF DISORDERS, CONFLAGRATIONS,
EARTHQUAKES OR OTHER CALAMITIES:
1. That the offender is a convict by final judgement who is
confined in a penal institution.
2. That there is disorder, resulting from- 1. conflagration,
2. earthquake,
3. explosion, or
4. similar catastrophe, or
5. mutiny in which he has not participated.
1. That the offender evades the service of his sentence by
leaving the penal institution where he is confined, on the
occasion of such disorder or during the mutiny.
2. That the offender fails to give himself up to the
authorities within 48 hours following the insurance of a
proclamation by the chief executive announcing the
passing away of such calamity.
 Penalty: an increase by 1/5 of the time remaining to be
served under the original sentence, in no case to exceed
6 months.
 Offender must escape to be entitled to allowance
 Mutiny – organized unlawful resistance to a superior
officer, a sedition, a revolt
 Disarming the guards is not mutiny
VIOLATION OF PARDON ORDINARY EVASION
To evade the penalty given
Infringement of by the courts – disturbs the
conditions/terms of President public order
 Two penalties provided:
1. prision correccional in its minimum period – if the
penalty remitted does not exceed 6 years
2. the unexpired portion of his original sentence – if the
penalty remitted is higher than 6 years
VII. COMMISSION OF ANOTHER CRIME
Article 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-
recidivism)
 ELEMENTS
1. That the offender was already convicted by final
judgement of one offense.
2. That he committed a new felony before beginning to
serve such sentence or while serving the same.
 Quasi-recidivism : a person after having been convicted
by final judgement shall commit a new felony before
beginning to serve such sentence, or while serving the
same.
 Second crimes must belong to the RPC, not special laws.
First crime may be either from the RPC or special laws
 Reiteracion: offender shall have served out his sentence
for the prior offense
 A quasi-recidivist may be pardoned at age 70. Except:
Unworthy or Habitual Delinquent
 If new felony is evasion of sentence – offender is not a
quasi-recidivist
 Penalty: maximum period of the penalty for the new
felony should be imposed (mitigating circumstance can
only be appreciated if the maximum is divisible)
 Quasi-Recidivism may be offset by a special privileged
mitigating circumstance (ex. Minority)

Article 159
VIOLATION OF CONDITIONAL PARDON
 ELEMENTS:
1. That the offender was a convict.
2. That he was granted a conditional pardon by the chief
executive.
3. That he violated any of the conditions of such pardon.
 Condition extends to special laws – violation of illegal
voting
 Offender must have been found guilty of the subsequent
offense before he can be prosecuted under this Article.
But if under Revised Admin Code, no conviction
necessary. President has power to arrest, reincarnate
offender without trial.