CRIMINAL LAW II REVIEWER BY HAVENLYNNE F.

GARCIA AUSL 2019

Disclaimer: Filipino citizen’s allegiance should follow him

This reviewer includes the elements provided in
Revised Penal Code Book II by Luis B. Reyes,
comments based on the Compact Reviewer in
Criminal Law II by Leonor Boado and Notes from the
discussion of Atty. Tolentino (notes are based on
what I have understood and remembered; there may
be notes that are not exact and accurate) This
reviewer will serve as your guide but do not forget
to read the full text of the book. God bless future
attorneys!)
wherever he goes and especially because the PH has
jurisditcion over treason committed abroad.
Two-witness rule
It requires a person shall not be convicted of treason
unless on the testimony of two-witnesses to the
same over act. (same overt act on the same day)
If the overt act is separable:

TITLE ONE Two-witnesses must also testify to each part of the

CRIMES AGAINST NATIONAL SECURITY overt act for conviction.

Article 114 The accused may also be convicted upon his

TREASON confession in open court. (It must be a judicial
confession – in front of a judge guring judicial
ELEMENTS: proceeding)
a. That the offender owes allegiance to the
Government of the Philippines
Treason can only be committed during war time.
b. That there is a war in which the Philippines
is involved
Article 115
c. That the offender either – CONSPIRACY TO COMMIT TREASON

1) Levies war against the government, • ELEMENTS:

1. breach of allegiance a. In time of war
2. actual assembling of men
3. for the purpose of executing a b. 2 or more persons come to an
treasonable design agreement to

2) Adheres to the enemies, giving them aid and 1. levy war against the government, or
comfort
1. breech of allegiance 2. adhere to the enemies and to give
2. adherence them aid or comfort,
3. giving aid or comfort to the enemy
c. They decide to commit it

There should be an overt act that is a direct relation

with the offense.
• ELEMENTS OF PROPOSAL TO COMMIT
The enemies in Art. 114 is a foreign country, it TREASON
cannot refer to rebels covered by Art. 135 which are
acts against the gov’t of its own citizens. a. In time of war

Adherence and overt act should concur. If only
adherence, no criminal act. If only overt act, no
adherence, no overt act.
Notes:
b. A person who has decided to levy war
against the government, or to adhere
to the enemies and to give them aid or
comfort, proposes its execution to
some other person/s.

Sec. 58 of 9372 (Human Security Act) has extra- Notes:

territorial application.
General Rule: conspiracy has no criminal liability.
Allegiance
Exception: Conspiracy/Proposal in treason,
Both citizens and aliens can be liable for treason. rebellion, coup d’etat and sedition.

1. absolute and permanent – Filipino Citizen
Filipino citizen’s allegiance should follow him
wherever he goes and especially because the PH
has jurisditcion over treason committed abroad.
2. Qualified and temporary – foreigner
Foreigners can be charged of treason if:
Foreigners already avail citizenship through
naturalization. But for foreigners who do not, they
cannot be prosecuted outside the PH.
*if they conspired and actually committed it, it is no
longer conspiracy to commit treason but already
conspiracy.
Article 116
MISPRISION OF TREASON
• ELEMENTS:
a. That the offender must be owing allegiance
to the government, and not a foreigner
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019
b. That he has knowledge of any conspiracy
(to commit treason) against the
government
c. 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
Notes:
Misprision of treason is the failure of a citizen to
report as soon as possible a conspiracy against the
government.
The offender is punished as an accessory to treason.
There must be a war in which the Philippines is a
party.
Conspiracy to overthrow the government when there
is no war is rebellion. Misprison of rebellion is not
punishable. (No such thing as misprision of
rebellion)
In misprison of treason, foreigner cannot be
convicted.
Article 117
ESPIONAGE
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:
a. 1. That the offender enters any of the
places mentioned therein
2. That he has no authority therefore;
b. 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
ELEMENTS:
a. That the offender is a public officer
b. 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
c. That he discloses their contents to a
representative of a foreign nation.
Notes:
Intent and getting information must concur.
Doctrine of Pro Reo
The doctrine of pro reo advocates that penal law
and law penal in nature are to be construed and
applied in a way lenient or liberal to the offender,
consonant to and consistent with the constitutional
guarantee that an accused shall be presumed
innocent until his guilt is established beyond
reasonable doubt. Following the pro reo doctrine,
under Art. 48 of the Revised Penal Code, crimes are
complexed and punished with a single penalty (i.e.,
that prescribed for the most serious crime and to be
imposed in its maximum period). The rationale
being, that the accused commits two crimes with
single criminal impulse demonstrates lesser
perversity than when the crimes are committed by
different acts and several criminal resolutions.
(People v.Comadre, 431 SCRA 366, 384 [2004]).
However, Art. 48 shall be applied only when it
would bring about the imposition of penalty lesser
than the penalties imposable for all the component
crimes if prosecuted separately instead of being
complexed.
Art. 48. Penalty for complex crimes – when a
single act constitutes two or more grave or less
grave felonies, or when an offense is a necessary
means for committing the other, the penalty for
the most serious crime shall be imposed, the same
to be applied in its maximum period.
CRIMES AGAINST LAWS OF NATIONS
Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
• ELEMENTS:
a. That the offender performs unlawful or
unauthorized acts
b. 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
Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
a. That there is war in which the Philippines
is not involved
b. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality
c. That the offender violates such regulation
Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
a. That it is in time of war in which the
Philippines is involved
b. That the offender makes correspondence
with an enemy country or territory
occupied by enemy troops
c. That the correspondence is either –
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019
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
Article 121
FLIGHT TO ENEMY’S COUNTRY
• ELEMENTS
a. That there is a war in which the Philippines
is involved
b. That the offender (Filipino or resident
alien) must be owing allegiance to the
government
c. That the offender attempts to flee or go to
enemy country
d. That going to enemy country is prohibited
by competent authority
Article 122
PIRACY
• 2 Ways of Committing Piracy
a. By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD 532)
b. By seizing the whole or part of the cargo of
said vehicles, its equipment or personal
belongings of its complement or passengers
• Elements:
a. That a vessel is on the high seas/Philippine
waters
b. That the offenders are not members of its
complement or passengers of the vessel
c. That the offenders –
1. attack or seize that vessel or (hence, if
committed by crew or passengers, the
crime is not piracy but robbery in the
high seas)
2. seize the whole or part of the cargo of
said vessel, its equipment or personal
belongings of its complement or
passengers
ELEMENTS OF MUTINY
1) The vessel is on the high seas or Philippine
waters;
2) Offenders are either members of its
complement, or passengers of the vessel;
3) Offenders either –
a. attack or seize the vessel; or
b. seize the whole or part of the
cargo, its equipment, or personal
belongings of the crew or
passengers.
Piracy – offenders are not members of the
complement of the vessel or passengers.
Essence of piracy is roberry – the taking or seizure of
the vessel or cargo or personal belongings of its
complement or passengers.
Mutiny – members of the complement of the vessel.
Essence of Piracy: robbery – taking or seizure of
the vessel or cargo or personal belongings of its
complement or passengers.
Mutiny – the members of the complement raise
commotion to protest against the lawful command
of the captain, employing violence and
endangering the safety of the passengers.
If the taking or seizure was done by the crew
members or passengers with violence against or
intimidation of persons – robbery, because piracy
can be committed only by outsiders.
But under PD 532, it is piracy because the
offender there can be a passenger or complement
of a vessel.
Piracy in Art. 122 is in PH waters and on high seas,
whether the vehicle is anchored or moving.
Article 123
QUALIFIED PIRACY
• QUALIFYING CIRCUMSTANCES:
a. Whenever they have seized a vessel by
boarding or firing upon the same
b. Whenever the pirates have abandoned their
victims without means of saving themselves
c. Whenever the crime is accompanied by
murder, homicide, physical injuries, or
rape. (the above may result to qualified
mutiny)
Qualified Piracy is committed:
1. Offenders seize the vessel by boarding or
firing upon the same;
2. The pirates abandon their victims without
means of saving themselves.
3. The crime is accompanied by murder,
homicide, physical injuries, or rape.
Art. 123 embraces not only qualified piracy but also
qualified mutiny, but the first circumstance applies
only to piracy because in mutiny, the offenders are
“insiders” of the vessel.
The second and third paragraphs apply to mutiny
and piracy. They are elements of special complex
crime of piracy/mutiny with murder, etc.
The crime should be denominated qualified piracy or
qualified mutiny or composite crime of piracy with
homicide because it is not a complex crime under
Art. 48.
When crimes other than the crimes mentioned in the
third circumstance, they are separate crimes and not
special complex crimes.
R.A. 9346 obliterated the distinction between simple
and qualified piracy and mutiny for the penalty is
now the same.
Art. 123 became functus oficio – of no further legal
official authority or legal effect.
P.D. 532 – Anti-Piracy and Anti-Highway Robbery
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

Piracy is committed by any person, including a destination or otherwise, usurping or seizing

passenger or member of the complement of said
vessel, in PH waters. (difference with Art. 122)
R.A. 7659 did not repeal P.D. 532. They exist
independently and separately. Hence, Piracy under
P.D. 532 may still be committed by the vessel’s crew
or passenger.
Vessel includes – any watercraft in PH waters such
as a banca or raft (include all kinds and types of
vessels or boats used in fishing.) Hence. When
robbery is committed in a banca or raft in PH
waters, it is piracy.
(vessel – to convey people or goods)
control while it is in flight.
The aircraft is in flight even if has not moved away
when all its exterior doors are closed following
embarkation until opened for disembarkation.
b. Compelling an aircraft of foreign registry to
land in any part of the Philippines or
usurping or seizing control of such, while it
is within the PH territory. (there is no req.
that it be in flight)
It is not required in these two cases, that the
aircraft be a public utility.

The same qualifying circumstances in Art. 123 are
prescribed in P.D. 532
Difference:
The latter is broader for it includes “other crimes”
and the penalty for qualified piracy depends upon
the other crime accompanying it.
Section 4 presumes that any person who does any of
the acts therein has performed them knowingly.
PD 532 ARTICLE
122
The crime is qualified if:
1. The culprit fired upon the pilot, crew, or
passenger.
2. He exploded or attempted to explode any
bomb or explosive to destroy the aircraft.
3. The crime is accompanied by murder,
homicide, serious physical injuries, or
rape.
d. Carrying or loading corrosive, flammable,
explosive, or poisonous substances on board a
passenger aircraft operating as a public utility in
the Philippines.

a. Offender Any person “outsiders” e. Shipping or loading such substances on a cargo

including only; aircraft operating as public utility in the
the ship’s complement Philippines in a manner not in accordance with
complement or the rules and regulations issued by the Air
or passenger Transportation Office.
passenger not liable
not liable for piracy 2.In a passenger aircraft, mere carrying or loading of
for or prohibited substances is criminal; in cargo aircraft,
passengers what is penalized is carrying such substance in a
manner not in accordance with the ATO rules and
b. Situs Philippine Philippine regulations.
Waters Water and
High Seas 3.The four kinds of aircraft and their treatment in
the law are:
c. presumption Of abetting None
brigandage a. Of PH registry – it must be in flight
d. Penalty of As As b. Of foreign registry – it need not be in flight
abettor accomplices accessories c. Public utility passenger aircraft – mere
carrying of prohibited substance is criminal
(kahit walang violation of the rules)
e. Qualifying Include Exclude d. Public utility cargo aircraft – non-
Circumstance crimes crimes compliance with the ATO rules and
other than other than regulations constitutes criminal act. (may
murder, murder, violation of the rules.
homicide, homicide,
rape, rape,
physical physical TITLE TWO
injuries injuries CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
In Article 122, there is no presumption of abetting
brigandage. If a person acted as such, he is liable Article 124
as an accessory under Art. 19, unless charged as ARBITRARY DETENTION
principal for fencing, the essence of piracy being
robbery. • ELEMENTS:
a. That the offender is a public officer or
Notes: employee (whose official duties include the
authority to make an arrest and detain
In Mutiny, not in high seas and no intent to gain
persons; jurisdiction to maintain peace and
order).
R.A. 6235 Anti-Hijacking Law
b. That he detains a person (actual restraint).
There are four acts punished under the law:
a. Compelling the pilot of an aircraft of
Philippine registry to change course or
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

c. That the detention was without legal Notes:

grounds (cannot be committed if with
warrant).
Arbitrary Detention (AD)
- Is committed by a public officer whose
official duty gives him the authority to
arrest and detain persons, such as
barangay, police officers and other law
enforcement authorities and agents.
When there is lawful warrantless arrest:
1. When, in his presence, the person to be
arrested has committed, is actually committing, or is
attempting to commit an offense;
2. When an offense has just been committed
and he has probable cause to believe based on
personal knowledge of facts or circumstances that
the person to be arrested has committed it;

For other kinds of public officers, like barangay 3. When the person to be arrested is a
treasurer, it is illegal detention. prisoner who has escaped from a penal
establishment or place where he is serving final
The detention is unlawful because: judgment or is temporarily confined while his case is
1. There is no warrant of arrest pending, or has escaped while being transferred
2. There is no lawful cause for detention as from one confinement to another
provided in the RRCP on warrantless or
citizen’s arrest. 4. Hot pursuit - is pursuit by a law enforcement
AD is committed by a public officer authorized to officer (with or without a warrant) for the purpose
arrest and detain a person but he does so without of preventing the escape or effecting the arrest of
lawful cause. any person who is suspected of committing, or
having committed, a misdemeanor or felony. Hot
Unlawful Arrest (Art. 269) is by a private individual pursuit implies pursuit without unreasonable delay,
or public officer who feigned to arrest a person w/o but need not be immediate pursuit. It can also refer
any legal cause, the purpose is to bring him to to chasing a suspect or escaped felon into a
authority and file a charge. If a charge is filed, the neighboring jurisdiction in an emergency, without
detention is deemed an incident of the arrest and time to alert law enforcement people in that area.
filing of the charges against him. It is the arrest that
is penalized.
Fruit of poisonous tree
The crime is AD if:
The offender imputes a crime against a person to be Article 125
able to arrest and detain him and appears not DELAY IN THE DELIVERY OF DETAINED PERSONS
determined to file a charge against him.
• ELEMENTS:
Art. 124 Art. 125 Art. 269
No warrant of No warrant of No warrant of a. That the offender is a public officer or
arrest/ no legal arrest but there arrest/ no legal employee
ground are legal grounds but
grounds for there is the b. That he has detained a person for some
arrest intention of legal grounds
delivering the
arrestee to c. That he fails to deliver such person to the
public proper judicial authority within:
authority.
Offender is Offender is Public officer
1. 12 hours, if detained for
public office public officer or private
crimes/offenses punishable by light
person
penalties, or their equivalent
The detention Art. 267*
is by law Kidnapping and
enforcers serious illegal 2. 18 hours, for crimes/offenses
detention – the punishable by correctional penalties, or
detention is by their equivalent or
private persons
or public 3. 36 hours, for crimes/offenses
authorities not punishable by capital punishment or
authorized to afflictive penalties, or their equivalent
cause the
arrest or Detention here becomes arbitrary only when the
detention of time required to file a charge against the detainee
another. lapses. There is a legal cause for arresting without
warrant.
Being members of the CAFGU at the time the alleged
crime was committed, they should not be charged of *If there is a warrant of arrest, Art. 125 cannot be
kidnapping for they are not private individuals; they violated. The article does not cover arrests pursuant
are liable for AD. to a warrant because a warrant is issued when there
is already a case against the person hence there is
It is essential that there is actual confinement or no need to deliver him in court. If with a warrant,
restriction of the person of the offended party. the arresting officer need only make a return, not
file a charge.
There must be proof of both intent to deprive the
victim of his liberty and actual confinement or Deliver – filing of correct information with the
restriction. proper court (or constructive delivery – turning
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019
over the person arrested to the jurisdiction of the
court.
*The delivery of a detained person is a legal one and
consists in making a charge or filing a complaint
against the prisoner with the proper justice of the
peace or RTC judge in provinces, and in filing by the
city fiscal of an information with the corresponding
city courts after an investigation if the evidence
warrants.
Purpose:
- Intended to prevent any abuse resulting
from confining a person without informing
him of his offense and without permitting
him to go on bail.
- It punishes public officials or employees
who shall detain any person for some legal
ground and shall fail to deliver such person
to the proper judicial authorities within the
periods prescribed by law.
- The continued detention of the accused
becomes illegal upon the expiration of such
periods without delivering the detainee to
the corresponding judicial authorities.
Arbitrary detention – no legal grounds
A warrantless arrest is in flagrante delicto (Section 5
(a), Rule 113), hot pursuit arrest (Section 5 (b))
Valid warrantless searches are limited to the
following:
1. Customs searches
2. Searching of moving vehicles
3. Seizure of evidence in plain view
4. Consented searches
5. Search incidental to a lawful arrest; and
6. Stop and frisk
Applies to persons arrested for violating both the
RPC and special laws
12-18-36 hours do not run the courts are not open to
receive complaint or information.
Judicial authority – the courts of justices or judges
of said courts vested with judicial power to order
the temporary detention or confinement of a
person charged with having committed a public
offense, that is, the Supreme Court and such other
inferior courts as may be established by law.
In contrast with a city fiscal, a municipal court judge
even in the performance of his function to conduct
preliminary investigations retains the power to issue
an order of release or commitment.
Upon filing of the complaint with the MTC, Art. 125
is satisfied considering that by such act, the
detained person is informed of the crime imputed
against him and, upon his application with the court,
may be released on bail.
R.A. 7348 RIGHTS OF PERSONS ARRESTED, DETAINED
OR UNDER CUSTODIAL INVESTIGATION (p.214-216)
Elements:
1. The suspect is deprived of liberty
in any significant manner;
2. The interrogation is initiated by
law enforcement authorities;
3. And the interrogation is
inculpatory in character.
David vs. Arroyo
1. Searches, seizures and arrests are normally
unreasonable unless authorized by a validly
issued warrant.
2. Rule 126 (steps in the conduct of search and
seizure)
a. A search warrant is issued upon probable
cause in connection with one specific
offense to be determined personally by the
judge after examination under oath or
affirmation of the complainant and the
witnesses he may produce.
b. The search of a house, room, or any other
premises is made in the presence of the
lawful occupant thereof or any member of
his family or in the absence of the latter, in
the presence of two witnesses of sufficient
age and discretion residing in the same
locality.
c. The warrant must direct that it be served in
the daytime, unless the property is on the
person or in the place ordered to be
searched, in which case a direction may be
inserted that it be served at any time of the
day or night.
3. Acts if terrorism cannot be a valid basis for
a charge of inciting to sedition for there is
no law defining such term. (This was before
the promulgation of the Human Security Act
which now defines them).
4. The word terrorism appears only once in
our criminal law (PD 1835)
5. PD 1835 was repealed by EO 167. These
laws do not define “acts of terrorism”.
Since there is no law defining it is the
President alone, who has the discretion to
determine what acts constitute terrorism.
Her judgment on this aspect is absolute,
without restrictions.
6. There can be indiscriminate arrests without
warrant
a. Breaking into offices and residences
b. Taking over media enterprises
c. Prohibition and dispersal of assemblies and
gatherings
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

The “acts of terrorism” portion of G.O. No. 5 is 1. The performance of any judicial or
unconstitutional. executive order for the release of a
prisoner or detention prisoner; or
Notes:
2. Unduly delays the service of the notice of
Valid in in flagrante delicto such order to said prisoner; or

This is without warrant but there is valid arrest with 3. Delays the proceedings upon any petition
lawful cause, if there is none, then that is AD. for the liberation of such person.

He did not file to the proper court

Article 127
Delivery – filing the complaint with the proper EXPULSION
authority so that the court may determine if there is
a valid warrantless arrest. ELEMENTS:

If there is warrant of arrest, there is already delivery a. That the offender is a public officer or
employee
There is no delay in delivery if there is no open
court. b. That he expels any person from the
Philippines, or compels a person to change
PROCEDURE: his residence

1. Preliminary Investigation (DOJ) c. That the offender is not authorized to do

so by law
- The fiscal will determine if there is
probable cause. This crime is against constitutional rights of abode
and changing the same.
2. Issues warrant
This article is violated when citizens or aliens are
deported without an order of the President or the
If there is warrantless arrest, there is inquest. If you
Commissioner of Immigration and Deportation after
don’t want to have an inquest and you already want
due process proceedings.
to proceed on preliminary investigation, you will be
given a waiver of the PI. You will be released but
you will have preliminary investigation. Public officer or employee who, not being
authorized by law, shall expel any person from the
Philippines or shall compel such person to change his
Exception in delay in delivery:
residence.
LAW ON TERRORISM (R.A. 9372 – Human Security Act,
Only the President of the Philippines in the exercise
Sec. 18) – there will be no charge if the delay is
of his power of deportation and the courts after final
within 3 days, Sec. 20 provides the penalties if the
judgment sentencing the accused to destierro or as a
delay is more than 3 days.
condition in his probation are authorized by law to
expel or compel persons to change abode.
Article 126
DELAYING RELEASE
Article 128
VIOLATION OF DOMICILE
ELEMENTS:
ELEMENTS:
a. That the offender is a public officer or
employee
a. That the offender is a public officer or
employee
b. That there is a judicial or executive order
for the release of a prisoner or detention
b. That he is not authorized by judicial order
prisoner, or that there is a proceeding upon
to enter the dwelling and/or to make a
a petition for the liberation of such person
search therein for papers or other effects
c. That the offender without good reason
c. That he commits any of the following acts:
delays:
1. entering any dwelling against the will
1. the service of the notice of such order
of the owner thereof
to the prisoner, or
2. searching papers or other effects found
2. the performance of such judicial or
therein without the previous consent
executive order for the release of the
of such owner
prisoner, or
3. refusing to leave the premises, after
3. the proceedings upon a petition for the
having surreptitiously entered said
release of such person
dwelling and after having been
required to leave the same
Art. 124 shall be imposed upon any public officer
who delays for the period:
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

Violation of Domicile is committed by a public Notes:

officer authorized to implement a search warrant or
warrant of arrest but at the time of the incident he This is committed with search warrant but no
is not authorized to do so by judicial order through a implementation.
warrant.
ABUSE IN THE SERVICE OF WARRANT OR
3 acts which constitute VD: EXCEEDING AUTHORITY OR USING UNNECESSARY
SEVERITY IN EXECUTING A SEARCH WARRANT
1. The public officer enters any dwelling LEGALLY PROCURED
against the will of the owner thereof; (no
consent but against the will; ex. No entry ELEMENTS:
sign)
a. That the offender is a public officer or
2. He was allowed entry but thereafter he employee
searches papers or other effects found
therein without the previous consent of b. That he has legally procured a search
such owner; warrant

3. Having surreptitiously entered said c. That he exceeds his authority or uses

dwelling, and being required to leave the unnecessary severity in executing the same
premises, he refused to do so.

“Against the will” denotes that the offender Article 130

ignored the prohibition of the owner which may SEARCHING DOMICILE WITHOUT WITNESSES
be express or implied like when the door is
closed although not locked.
• ELEMENTS :
When the person who allowed entry of the
a. That the offender is a public officer or
officer is with sufficient discretion, the right to
employee
privacy is waived hence prohibition thereafter
made can no longer constitute VD. At most,
refusal to leave when asked to do so is unjust b. That he is armed with a search warrant
vexation. legally procured

When the officer starts to search, the owner or
householder should prohibit immediately the
search otherwise the incident will fall under
consented search and this article is not violated.
Notes:
c. That he searches the domicile, papers or
other belongings of any person
d. That the owner, or any member of his
family, or two witnesses residing in the
same locality are not present

First kind: Unlike Art. 128, there is a search warrant but it was
either irregularly obtained or the warrant is valid but
there is abuse in its execution.
the owner allowed the officer to enter and was
asked to be seated so that the owner could take a
glass of juice. While waiting, the officer started to The law imposes additional penalty for the perjury in
search. The officer contended that there was obtaining search warrant without probable cause and
already a consent to search. for the additional crime committed in the undue
execution thereof.
Contention is untenable. Consent to enter is not
consent to search. Even if the search warrant is valid, VD is still
committed when:
If there is an express statement of “no entry”
1. The officer exceeded his authority under
the search warrant;
Third Kind:
2. The searching officer employed excessive
If the owner asked him to go but the offender
severity or destruction in the house; and
refused to do so.
3. The search was made when the occupants
were absent and the search is conducted
Article 129
without at least two witnesses who must
SEARCH WARRANTS MALICIOUSLY OBTAINED
come within the locality where the search
was made.
ELEMENTS:
Art. 128 (Violation of Art. 129 (Search
a. That the offender is a public officer or Domicile) warrants maliciously
employee obtained) and 130
(Searching domicile
b. That he procures a search warrant without witnesses)

c. That there is no just cause No warrant There is warrant but it

was maliciously
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

obtained or if it were Exceptions:

issued regularly, there Article 146
was abuse in its
implementation Illegal assembly is mere gathering for the purpose of
Notes: committing a crime under RPC. If the crime of the
meeting is punishable under special law, illegal
assembly is not committed. There is no fixed
This is committed with search warrant but the number of persons who should gather.
search was without witnesses.
How illegal assembly is committed:
Not all searches without search warrant will fall on
this article, if there is no violation of the 3 ways a. Gathering of persons, any or some of whom
specified therein. are armed for purposes of committing a
crime under the RPC (except item b).
b. Gathering of persons for the purpose of
inciting to Treason, Rebellion or
Article 131 Insurrection, Sedition and Assault upon a
PROHIBITION, INTERRUPTION, AND DISSOLUTION person in authority or his agent (TRISA)
OF PEACEFUL MEETINGS even w/o attendance of armed men.
c. If the gathering is cabal, it is inciting to
sedition (Art. 142).
• ELEMENTS:
Article 147
a. Offender is a public officer or employee
Illegal Association is the forming of an organization,
b. He performs any of the ff. acts: corporation or association for the purpose of
criminal activities prohibited by the RPC or special
1. prohibiting or interrupting, without laws against public morals (such as child
legal ground the holding of a peaceful pornography and photo-voyeurism – the practice of
meeting, or dissolving the same (e.g. obtaining sexual gratification from observing others.)
denial of permit in arbitrary manner).
When the criminal act is committed, illegal
2. hindering any person from joining any association can no longer be punishable because the
lawful association or from attending formation stage has been passed and it becomes a
any of its meetings. means to commit the criminal activity.

In Article 131, the assembly prohibited, interrupted Article 132

or dissolved is: INTERRUPTION OF RELIGIOUS WORSHIP

a. peaceful • ELEMENTS:
b. for legal purpose
c. officer or employee is not a member a. That the officer is a public officer or
thereof employee
d. he disturbs the same
b. That religious ceremonies or manifestations
If the assembly is not for legal purpose, the meeting of any religion are about to take place or
is for the purpose of committing any crime under the are going on
RPC, it is illegal assembly under Art. 146.
c. That the offender prevents or disturbs the
If it were initially peaceful and thereafter the
same
speaker started to incite the audience to the
commission of treason, rebellion or insurrection,
sedition or assault upon a person in authority or his This refers to the exercise of religious ceremonies or
agent, the meeting may be dissolved because it has manifestations
become illegal assembly. Quasi-religious activities like the 40th day of death
commemoration are not included. Interruption of
The right of the gov’t to require permit for such activity is unjust vexation.
regulatory purposes has been upheld.
Notes:
Regulation – defining when and where the Illegal assembly can be dissolved.
assembly is to be held to safeguard the right of the
public and to protect them from inconvenience. The persons must be armed, if not, the persons are
incited to commit.
The permit is not for the holding of the assembly but
for the use of the public place. Another exception is Art. 147

Notes:
Article 133
Permit = regulation and not prohibition OFFENDING RELIGIOUS FEELINGS

In this crime, there is no armed person.

• ELEMENTS:
If there is no criminal liability yet, there is no reason
for the meeting to be dissolved. a. That the acts complained of were
performed –
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

1. in a place devoted to religious worship, 2. taking arms against the government

or (for this element, no need of
religious ceremony, only the place is
material) b.
2. during the celebration of any religious
ceremony
government or its laws –
b. That the acts must be notoriously offensive
to the feelings of the faithful (deliberate
intent to hurt the feelings)
(force/violence)
That the purpose of the uprising or
movement is either
1. to remove from the allegiance to said
i. the territory of the Philippines or
any part thereof, or

c. The offender is any person ii. any body of land, naval or other
armed forces, or
d. There is a deliberate intent to hurt the
feelings of the faithful, directed against 2 To deprive the chief executive or
religious tenet congress, wholly or partially, of any of
their powers or prerogatives
Art. 132 (Interruption of Art. 133 (Offending the
Not covered by Article 2 on extra-territorial
religious worship) religious feelings)
jurisdiction
Violated by a public Any person including
officer or employee private individuals. Very element of rebellion:

Rising publicly and taking up arms. (It is a crime

against public order)
If the act is directed to the religious belief itself and
is notoriously offensive, the crime is violation of
R.A. 6968 (Coup d’etat law) removed the acts of
religious feelings. Otherwise, it is only unjust
violence from Art. 135. The deletion is significant in
vexation.
that it signifies the intention to treat common
The elements of offending religious feelings are: crimes as distinct from rebellion. The following acts
are deleted:
a. The acts complained of were performed in
a place devoted to religious worship or a. The offender engages in war the forces of
during the celebration of any religious government;
ceremony.
b. Being public officers, they commit serious
b. The said act or acts must be notoriously
violence or destruction of property.
offensive to the feelings of the faithful.

Notoriously offensive – the act is offensive from the
point of view of any religion. If it is offensive to a
particular religion only, it is unjust vexation.
In Baes, the issue is whether the passage of the
funeral in the courtyard of a different religion than
that of deceased offends religious feeling.
c. Being public officers, the offenders exact
contribution for the support of rebellion;
d. Being public officers, they divest public funds
from the purposes for which these were
appropriated.

No, the Court rule that there was no celebration of
any ceremony then. Further, the standard that
should be adopted is that of all religions, not of the
particular complaining religion to avoid the
constricted and prejudiced treatment of the
provision.
Where the act is not directed to the belief itself and
the meeting is interrupted, the violation is against
Art. 132
TITLE THREE
CRIMES AGAINST PUBLIC ORDER
Article 134
REBELLION OR INSURRECTION
• ELEMENTS:
Rebellion or insurrection is a crime distinct from
murder, homicide, arson and other felonies that
might be committed in the course of a rebellion.
It allows separate prosecutions for either murder or
rebellion, although not for both where the
indictment alleges that the former has been
committed in furtherance of, or in connection with
the latter.
R.A. 10591, amending P.D. 1866, amended by R.A.
8294 provided that violence thereof in
furtherance of, incident to, or in connection with
the crime of rebellion, insurrection, sedition, or
attempted coup shall be absorbed as am element
of such crime.
In deciding if the crime is rebellion, not murder, it
becomes imperative for the courts to ascertain
whether or not the act was done in furtherance of a
political end.

a. That there be – Both purpose and overt acts are essential

components of the crime. With either of these
1. public uprising and elements wanting, the crime of rebellion legally
does not exist.
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

If political motivation is an element of rebellion, it 2. any military camp or installation

must be alleged in the information, whatever is
alleged in the information must be proved by the 3. communication networks or public
prosecution, not by the defense. utilities

R.A. 7636 decriminalized subversion by repealing 4. other facilities needed for the
expressly R.A. 1700. exercise and continued possession
of power
Rebellion Subversion
d. Singly or simultaneously carried out
Committed by rising Punishes affiliation or anywhere in the Philippines
publicly and taking up membership in a
arms against the gov’t subversive organization. e. Committed by any person or persons belonging to
for any purposes under Taking up arms is but a the military or police or holding any public office or
Art. 134 circumstance which employment; with or without civilian support or
raises the penalty to be participation
imposed upon the
subversive. f. With or without civilian support or participation

Crimes against public Crimes against national g. Purpose of seizing or diminishing state power
order security
Coup d’etat is committed as follows:
Rising publicly and R.A. 1700 was enacted
taking up arms to outlaw organizations a. How – by a swift attack accompanied by
like the Communist Party violence, intimidation, threat or strategy or
of the Philippines stealth.
because their existence
and activities constitute b. Against – duly constituted authorities or any
a clear, present and military camp or installation,
grave danger to national communications, networks, public utilities
security. or other facilities needed for the exercise
and continued possession of power.
Notes:
Crime of multitude of persons.
c. Number of offenders – singly or
e.g. tanks/AFP
simultaneously carried anywhere in the
Philippines
important elements are: rising publicly and taking up
arms with intent to overthrow the government.
d. Offender – any person or persons, belonging
Unlike in sedition, there is no really intention to to the military or police or holding any
overthrow the government, only expression of public office or employment, with out
grievances. (Express of grievance that is improper; without civilian support or participation.
expression of protest)
e. Objective – to seize or diminish state power

Beltran said that rebellion can be complexed with Rebellion Coup d’etat
common crime. However, Enrile case (1990) is still
the jurisprudence being followed that rebellion Rising publicly and Swift attack against
cannot be complexed with common crime, it is only taking up arms against the government, its
rebellion. the government military camps, or
installation,
Important conclusion as per Atty. Tolentino: communication
It can be complexed under Article 48 if the acts network and public
committed will fall under the first kind; if it will fall facilities and utilities
under the second kind, only one crime among essential to the
murder, homicide, or rebellion. continued exercise of
governmental powers.

Article 134-A Involves multitude of It may be committed

COUP D’ ETAT people singly or collectively

• ELEMENTS: Does not require that Requires a principal

the principal offender, a member of
a. Swift attack participant be the AFP, PNP or a
members of AFP, PNP, public officer with to
b. Accompanied by violence, intimidation, threat, or any public officers without civilian
strategy or stealth support

c. Directed against: Criminal objective is Objective is to

to overthrow the destabilize, immobilize
government and the or paralyze existing
offenders to establish government by taking
1. duly constituted authorities their own over such facilities and
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

utilities essential to b. For any of the purposes of rebellion

continued exercise of
governmental powers c. Proposes its execution to some other
person/s
Always committed Committed through
through force and force, violence, Article 137
violence intimidation, strategy
or stealth. DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES

• ACTS PUNISHED:

Notes: a. Failing to resist rebellion by all the means

in their power
It is committed in swift attack, to diminish the
power of the government. b. Continuing to discharge the duties of their
offices under the control of rebels
The crime can be committed with or without civilian
c. Accepting appointment to office under
Article 135 rebels

PENALTIES
Article 138
• Who are liable? INCITING TO REBELLION OR INSURRECTION

a. Any person who: • ELEMENTS:

1. Promotes a. That the offender does not take arms or is

not in open hostility against the
2. Maintains government

3. heads a rebellion or insurrection b. That he incites others to the execution of

any of the acts of rebellion
b. Any person who, while holding any public
office or employment, takes part therein c. That the inciting is done by means of
speeches, proclamations, writings,
1. engaging in war against the forces of emblems, banners or other representations
the gov’t tending to the same end

2. destroying property or committing Inciting to rebellion (Art. 138) or sedition (Art. 142)
serious violence can only be committed by civilians who do not take
part in rebellion or sedition. Rebels naturally cannot
commit this crime for their crime is rebellion or
3. exacting contributions or diverting
sedition.
public funds from the lawful purpose
for which they have been appropriated
Direct assault cannot be committed when there is
rebellion or sedition since public uprising is an
c. Any person merely participating or
element of the latter whereas Art. 148 expressly
executing the command of other in a
states that direct assault is committed without a
rebellion
public uprising.
Article 136
Article 139
CONSPIRACY TO COMMIT COUP D’ ETAT, REBELLION SEDITION
OR INSURRECTION
• ELEMENTS:
• ELEMENTS:
a. That the offenders rise –
a. 2 more persons come to an agreement to
rise publicly and take arms against the
1. Publicly (if no public uprising = tumult
government
and other disturbance of public order)
b. For any of the purposes of rebellion
2. Tumultuously (vis-à-vis rebellion where
there must be a taking of arms)
c. They decide to commit it
b. That they employ force, intimidation, or
PROPOSAL TO COMMIT COUP D’ ETAT, REBELLION OR other means outside of legal methods
INSURRECTION (136)
c. That the offenders employ any of those
• ELEMENTS: means to attain any of the following
objects:
a. A person who has decided to rise publicly
and take arms the government
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019
1. to prevent the promulgation or
execution of any law or the holding of
any popular election
2. to prevent the national government, or
any provincial or municipal
government, or any public thereof
from freely exercising its or his
functions, or prevent the execution of
any administrative order
3. to inflict any act or hate or revenge
upon the person or property of any
public officer or employee
4. to commit for any political or social
end, any act of hate or revenge against
private persons or any social class
(hence, even private persons may be
offended parties)
5. to despoil, for any political or social
end, any person, municipality or
province, or the national government
of all its property or any part thereof
Sedition is a crime of dissenters or protesters acting
outside of legal means authorized under the freedom
of expression and of assembly under the
Constitution. It is committed by persons whoi:
1. rise publicly and tumultuously
2. to attain by force, intimidation or by other
means outside of legal methods
3. any of the objectives enumerated in Art.
139.
Rebellion Sedition
Purpose is political – to Purpose may be political
overthrow the duly or social for carrying out
constituted government protest against a social
class or disobedience
from a governmental
action and not for the
purpose of overthrowing
the government.
The use of firearm is The use of firearm is not
essential; it is an per se an ingredient of
ingredient of rebellion. sedition as shown by its
Hence, the offender elements. However,
cannot be prosecuted for Firearms Code decrees
illegal possession of that sedition absorbs the
firearms because this is use of unlicensed
absorbed in rebellion. firearm as an element
thereof, hence, neither
aggravating nor
punishable for illegal
possession of firearm.
Article 141.
Conspiracy to Commit Sedition
In this crime, there must be an agreement and a
decision to rise publicly and tumultuously to attain
any of the objects of sedition.
There is no proposal to commit sedition.
The conspiracy must be to prevent the promulgation
or execution of any law or the holding of any popular
election. It may also be a conspiracy to prevent
national and local public officials from freely
exercising their duties and functions, or to prevent
the execution of an administrative order.
Article 142
INCITING TO SEDITION
• ELEMENTS:
a. That the offender does not take a direct
part in the crime of sedition
b. That he incites others to the
accomplishment of any of the acts which
constitute sedition (134)
c. That the inciting is done by means of
speeches, proclamations, writing,
emblems, cartoons, banners, or other
representations tending to the same end
(purpose: cause commotion not exactly
against the government; actual disturbance
not necessary)
Similarities
Inciting to sedition (Art. Tumults (Art. 153)
142)
There is also public The intent is to disturb
disturbance but the public performance or
objective is any of those create disturbance in a
mentioned in Art. 139 public place although
the outcry tends to
incite sedition.
Inciting to sedition is committed by any person:
a. Who does not take part in sedition by means
of speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations or utter seditious words or
speeches, write, publish or circulate
scurrilous libels against the gov’t or any of
the duly authorized representatives.
b. Who shall knowingly conceal such evil
practices.
The purpose of the inciters to sedition are:
a. To incite others to the accomplishment of
any of the acts which constitute sedition;
b. To disturb or obstruct any lawful officer in
executing the functions of his office;
c. To instigate others to cabal (which
distinguishes this from illegal association)
and meet together for unlawful purposes.
d. To suggest ir incite rebellious conspiracies
or riots;
e. To stir up the people against the lawful
authorities;
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

f. To disturb the peace of the community, the the code by a penalty higher than prision
safety and order of the government mayor ( 6 years up )

g. To disturb the peace of the community, the Elements:

safety and order of the government.
1. That the offender is a public officer or
CRIMES AGAINST POPULAR REPRESENTATION employee

Article 143 2. That he arrests or searches any

ACTS TENDING TO PREVENT THE MEETING OF
CONGRESS AND SIMILAR BODIES
• ELEMENTS:
a. 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
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).

b. That the offender who may be any persons Notes:

prevents such meeting by force or fraud
Violation of parliamentary immunity:
Article 144
1. Attending legislative functions
DISTURBANCE OF PROCEEDINGS
2. Arresting Congressmen
• ELEMENTS:
Absolutely privileged (what is being said is absolutely
a. That there be a meeting of Congress or any privileged and cannot be used in prosecution for
of its committees, constitutional libel) – during Congress in session and in pleadings
commissions or committees or divisions and judicial proceedings.
thereof, or of any provincial board or city
or municipal council or board The session is continuing even if there is a recess in
Congress. Therefore, the Congressmen cannot be
b. That the offender does any of the following under arrest.
acts

1. He disturbs any of such meetings ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146
2. He behaves while in the presence of
any such bodies in such a manner as to ILLEGAL ASSEMBLIES
interrupt its proceedings or to impair
the respect due it • Two (2) Types of illegal assemblies:

a. Meeting of the first form

Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY 1. Meeting, gathering or group of persons
whether in a fixed place or moving
• Acts punishable:
2. purpose : to commit any of crimes
a. By using force, intimidation, threats, or punishable under the code
frauds to prevent any member of Congress
from – 3. meeting attended by armed person

1. attending the meeting of the assembly b. Meeting of the second form

or any of its committees,
constitutional commissions or 1. Meeting, gathering or group of persons
committees or divisions thereof, or whether in a fixed place or moving
from
2. Audience whether armed or not, is
2. expressing his opinions or incited to the commission of the crime
of treason, rebellion or insurrection,
3. casting his vote sedition or direct assault.

b. By arresting or searching any member Notes:

thereof while Congress is in a regular or
special session, except in case such member 1. Mere attendance can already be criminally
has committed a crime punishable under liable.
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

2. It is punishable under special law; must be c. For attainment of any of the purposes
armed, if under RPC. enumerated in defining the crime of
rebellion and sedition

Article 147 Two ways of committing DA

ILLEGAL ASSOCIATIONS
a. By employing violence or force for the
• ELEMENTS: purpose of attaining any of the purposes
of rebellion or sedition except that the
a. Organized totally or partially for the offenders are not numerous enough to
purpose of committing any of the crimes in constitute public uprisings. The offended
RPC need not be a public officer but may be a
certain social class.
Or
b. By attacking or laying hands upon a
b. For some purpose contrary to public morals person in authority (PA) or an agent of a
person in authority (APA).
ASSAULT, RESISTANCE AND DISOBEDIENCE This is aggravated when:

1. There is a weapon employed in the attack.

Article 148
DIRECT ASSAULT
2. The offender is a public officer.
• ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT
3. The offender lays hands upon a public
authority.
a. That the offender employs force or
intimidation.
The elements are:
b. That the aim of the offender is to attain
1. There must be an attack, use of force or
any of the purposes of the crime of
serious intimidation or resistance upon a PA
rebellion or any of the objects of the
or APA.
crimes of sedition. (victim need not be
person in authority)
2. The assault was made when the said person
was performing his duties or on the
c. That there is no public uprising.
occasion of such performance.
• ELEMENTS OF THE 2ND FORM OF DIRECT
3. The accused knew that the victim is a PA or
ASSAULT:
an APA i.e. the accused must have the
intention to offend, injure, or assault the
a. That the offender (a) makes an attack, (b) offended party.
employs force, (c) makes a serious
intimidation, or (d) makes a serious
Public Authority – any public officer vested with
resistance.
jurisdiction recognized in law and clothed with
authority in law, whether individually or as a
b. That the person assaulted is a person in member of board or corporate body.
authority or his agent.
LGC included barangay chairman and members of
c. That at the time of the assault the person Lupong Tagapagkasundo.
in authority or his agent (a) is engaged in
the actual performance of official duties
Teachers, lawyers and heads of schools recognized
(motive is not essential), or that he is
by the government for purposes of Art. 152 (persons
assaulted (b) by reason of the past
in authority and agents of persons in authority) in
performance of official duties (motive is
relation to Art. 148 (Direct Assault) and 151
essential).
(resistance and disobedience to a person in authority
of such person.
d. That the offender knows that the one he is
assaulting is a person in authority or his
Agent of Person in Authority – person who by
agent in the exercise of his duties (with
direct provision of law, by election or appointment
intention to offend, injure or assault).
by competent authority is charged with the
maintenance of order and the protection and
e. That there is no public uprising. security of life and property. e.g. councilman or
policeman, and includes any person who comes to
If the purpose is any of those enumerated in the aid of a PA and APA. Security guards are not
Article 139 but there is no uprising, the crime is included because they are not public officers.
Direct Assault (DA) of the first form committed by
any person who: DA is usually complexed with another grave or less
grave felony such as complex crime of direct assault
a. Without public uprising with murder or homicide.

b. Shall employ force or intimidation The laying of hand upon a PA is a qualifying

circumstance but not the laying of hand upon an
APA.
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

Resistance and disobedience to a PA is always

serious; resistance or disobedience to an APA may or Simple Direct Assault APA; with laying of hand
may not be serious.
Resistance only APA; without laying of
In Art. 265 (less serious physical injuries), the laying hand
of hands upon a PA is a qualifying circumstance
provided that the crime committed is not DA, that is
if the laying of hands on the PA is not on the
occasion of the performance of his function.

If the laying of the hands does not amount to DA,

the crime is qualified less physical injuries; if it
amounts to DA, it is DA with less serious physical
injuries.
Resistance and Disobedience is merely a reaction of
the offender whereas DA is an act of aggression.
If in the exercise of authority, the PA or APA acted
in illegal manner or beyond his authority, he ceases
to be a public officer but is acting in his private
capacity. One is deemed a public officer only when
acting within the scope of his authority.
If the public officer is not a PA or APA, the assault
on him is an aggravating circumstance under Article
14 (rank). If he is a PA, the crime is DA, rank is not
anymore an aggravating circumstance.
Notes:
Not numerous (no public uprising); a person in
authority or agent in person of authority is the
offended party.
Article 149
INDIRECT ASSAULT
• ELEMENTS:
a. That a person in authority or his agent is
the victim of any of the forms of direct
assault defined in ART. 148.
b. That a person comes to the aid of such
authority or his agent.
c. That the offender makes use of force or
intimidation upon such person coming to
the aid of the authority or his agent.
Art. 152 clothes any person who comes to the aid
of a PA or APA with the fiction of an APA. Any
assault on him on the occasion of his aiding an APA
or a PA is Indirect Assault.

Somebody must be under attack. For indirect assault to be committed, it is

necessary that:
If the police officer did not help PA, he is still
considered as APA. a. The victim is a civilian coming to the aid
of a PA or an APA
Elements of Direct Assault:
b. He is attacked while and due to the DA
1. There is weapon employed in the attack being committed. Without DA, there can
be no indirect assault.
2. Offended party Is a public officer
A person coming to the aid of the agent (fiction) –
3. Offender lays hands upon public authority. indirect assault

There is Direct Assault with Homicide (Compound Important:

Crime – grave or less grave felonies; if there is
only light felony, it cannot be complexed)
Nature of the offense:
Actual performance, motive is immaterial. No need
to know the motive, by attacking the officer, he
already shows spirit of lawlessness.
Civilian comes to PA (it will now fall under Art.
152. Thus, the civilian will be considered as APA,
and if attack, the crime will be Direct Assault
under Art. 148 since the civilian is now considered
an agent)
Article 150

Knowledge is relevant in DA. Ignorance of law can DISOBEDIENCE TO SUMMONS

be a defense when it is a difficult question of law.
• Acts punishable:
2nd kind: a. refusing without legal excuse to obey
summons
Considered as aggravating or qualifying
circumstances; if not aggravating, lower penalty. b. refusing to be sworn or placed under
affirmation
Resistance only Agent;No laying of hand
c. refusing to answer any legal inquiry to
Qualified Direct Assault PA; with laying of hand produce books, records etc.

d. restraining another from attending as

Simple Direct Assault PA; w/o laying of hand witness in such body
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

e. inducing disobedience to a summons or j. Lawyers in the actual performance of their

refusal to be sworn professional duties or on the occasion of
such performance

Article 151

RESISTANCE/DISOBEDIENCE TO A PERSON IN • Agent of Person in Authority – any person who,

AUTHORITY OR THE AGENT OF SUCH PERSON (par. by direct provision of law or by election or by
1) appointment by competent authority, is charged
with the maintenance of public order and the
• ELEMENTS: protection and security of life and property.

a. That a person in authority or his agent is

engaged in the performance of official
duty or gives a lawful order to the • Examples of agents of PIA :
offender.
a. Barrio councilman
b. That the offender resists or seriously
disobeys such person in authority or his b. Barrio policeman
agent.
c. Barangay leader
c. That the act of the offender is not
included in the provisions of arts. 148, 149 d. Any person who comes to the aid of persons
and 150. in authority

SIMPLE DISOBEDIENCE (par. 2)

CRIMES AGAINST PUBLIC DISORDERS
• ELEMENTS:
Article 153
a. That an agent of a person in authority is
TUMULTS AND OTHER DISTURBANCES OF PUBLIC
engaged in the performance of official duty
ORDER
gives a lawful order to the offender.

b. That the offender disobeys such agent of a • TYPES:

person in authority.
a. Causing any serious disturbance in a public
c. That such disobedience is not of a serious place, office or establishment
nature.
b. Interrupting or disturbing public
Article 152 performances, functions, gatherings or
peaceful meetings, if the act is not
included in Art 131 and 132 (Public Officers
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN
interrupting peaceful meetings or religious
AUTHORITY:
worship).

• 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.
• Examples of Persons in Authority :
a. Barangay captain
b. Barangay chairman
c. Making any outcry tending to incite
rebellion or sedition in any meeting,
association or public place
d. Displaying placards or emblems which
provoke a disturbance of public order in
such place
e. Burying with pomp the body of a person
who has been legally executed.

c. Municipal mayor Crimes covered:

d. Provincial fiscal a. Serious disturbance in any public place,

office, or establishment.
e. Justice of the peace
b. Interruption or disturbance of public
f. Municipal councilor performance, function or gathering if the
act is not covered by:
g. Teachers
Art. 131 – interruption of peaceful meetings
h. Professors
Art. 132 – interruption of religious worship
i. Persons charged with the supervision of
public or duly recognized private schools, Art. 131/132 Art. 153
colleges and universities
Offender is a public Offender is any
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

officer and the act is person

prohibiting,
preventing and d. Printing, publishing or distributing or
dissolving peaceful (causing the same) books, pamphlets,
meeting or religious periodicals or leaflets which do not bear
worship the real printer’s name or which are
classified as anonymous.
c. Making an outcry tending to incite to
rebellion or sedition; displaying placards or Article 155
emblems which disturb public order.
ALARMS AND SCANDALS
d. Burying with pomp the body of a person
legally executed. • TYPES:

Qualifying circumstance: a. Discharging any firearm, rocket,

firecracker, or other explosive within any
When committed by more than three armed town or public place, calculated to cause
persons (atleast four) resulting to tumultuous alarm or danger
disturbance; the penalty is one degree higher.
b. Instigating or taking active part in any
Arms refers to any means of violence because it charivari or other disorderly meeting
did not specify firearms. offensive to another or prejudicial to
public tranquility
Creating disturbance in public can result to:
c. Disturbing the public peace while
Art. 153 Tumults Serious disturbance of wandering about at night or while engaged
public order in any other nocturnal amusement

Art. 131 Interruption, Public officer who d. Causing any disturbance or scandal in
Prohibition, and disturbed the meeting public places while intoxicated or
disturbance of a and not participant otherwise, provided the act is not covered
peaceful meeting thereof by Art 153 (tumult).

Art. 132 Interruption of
religious worship
Art. 155 Alarms and
Scandal
If committed by a public
officer against a religious
manifestation
If the disturbance is not
serious
The acts penalized as alarms and scandal are:
a. Discharge of firearms, firecrackers, and
other explosives in public place causing
alarm and danger.
b. Charivari or other disorderly meeting.

c. Engaging in nocturnal amusement disturbing

Art. 132 or 142 Inciting If that is the original the public place; and
to rebellion or inciting to criminal intent of the
sedition person who made d. Any disturbance or scandal in public places
statements that tend to not amounting to tumults under Art. 153.
incite the listeners to
rebellion or sedition. The use of firearms may bring about any of the
following crimes:
Article 154
Art. 155 Alarms and When the offender
UNLAWFUL USE OF MEANS OF PUBLICATION AND Scandals discharges a firearm in a
UNLAWFUL UTTERANCES public place but the
firearm is not pointed to
• TYPES: a particular person when
discharged.
a. Publishing or causing to be published, by
means of printing, lithography or any other Art. 254 Illegal Discharge If the firearm was
means of publication as news any false of Firearm directed to a particular
news which may endanger the public order, person and discharged
or cause damage to the interest or credit of but without intent to
the State. kill. The victim should
not be hit and injured.
b. Encouraging disobedience to the law or to
the constituted authorities or by praising, Art. 263 to 266 Physical If the person above was
justifying or extolling any act punished by Injuries hit and injured, the
law, by the same means or by words, crime would be physical
utterances or speeches injuries depending upon
the severity of the injury
c. Maliciously publishing or causing to be because there is no
published any official resolution or intent to kill and there is
document without proper authority, or an added element of
before they have been published officially injury taking it out of
the crime of illegal
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

discharge. DELIVERING PRISONERS FROM JAILS

Art. 246, 248 and 249 If the firearm was • ELEMENTS :

Attempted parricide, pointed to a particular
homicide or murder person and fired with a. That there is a person confined in a jail or
depending upon who is intent to kill. When a penal establishment.
the victim and the person uses a lethal
presence or absence of weapon against another,
modifying circumstances such as a firearm, intent
to kill is inherent. Even b. That the offender removes therefor such
if he was not hit, but person, or helps the escape of such person
intent to kill was proved. (if the escapee is serving final judgement,
he is guilty of evasion of sentence)
Art. 282 Grave threat If the weapon is not
discharged but merely c. Offender is a private individual
pointed to another,
threatening the It is committed by anyone who is not a custodian of
commission of a wrong any person confined therein by helping in the
and imposing a latter’s escape or removing him from confinement. If
condition. the removal or escape is by mean of violence,
intimidation or bribery, the penalty is higher.
Art. 285 Other light If drawn in a quarrel but
threat not in self-defense. The crime is also committed if the escape takes
place outside of penal establishment by taking the
Art. 286 Grave Coercion If the threat was direct, guards by surprise.
immediate, and serious
and the person is The prisoner may be a detention prisoner or one
compelled or prevented serving sentence by final judgment and the offender
to do something against is not the custodian of the prisoner. If it were the
his will. custodian who connived in the escape or was
negligent, he is liable for infidelity under Articles
223 (conniving with or consenting to evasion), 224
(evasion through negligence) and 225 (escape of
Charivari – mock serenade where the offender prisoner under the custody of a person not a public
actually disturbs the peace by using cans, pans, officer.
utensils, etc. equivalent to breach of the peace in
municipal ordinances. EVASION OF SENTENCE OR SERVICE
If the act is directed to annoy a particular person
Article 157
or family. The crime is unjust vexation which is a
form of light coercion under Art. 287. EVASION OF SERVICE OF SENTENCE
R.A. 9372 – Human Security Act of 2007 (page
236-238) • ELEMENTS :

Terrorism – any act punishable under the RPC and a. That the offender is a convict by final
special penal laws which sows and creates a judgment.
condition of widespread and extraordinary fear and
panic among the populace, in order to coerce the b. That he is serving his sentence which
government to give in to an unlawful demand. The consists in deprivation of liberty
offender shall suffer the penalty of 40 years of (destierro included)
imprisonment without parole.
c. That he evades the service of his
Human Security Act expressly states that the crime sentence by escaping during the term if
of torture shall not be absorbed or be absorbed by his sentence. (fact of return
any other crime or felony committed as a immaterial).
consequence, or as a means in the conduct or
commission thereof. This article covers only those convicted by final
judgment.
R.A. 9745 – Anti-Torture Act of 2009 (page 238-
243) Evasion of service covers also those penalized with
destierro. They cannot go nearer than the distance
Notes: imposed if they go farther than that, there is no
violation.
Illegal discharge of firearms:

1. No intent to kill Detention prisoner who No crime since there is

did not connive no law penalizing the
2. Not aimed at a particular person escape of detention
prisoner
Parricide, homicide or murder: not hit, but with
intent to kill. Escaped through Liable for delivery as a
connivance with his principal by inducement
Article 156 deliverer or by indispensable
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

cooperation. 2. Mutiny in which he did not participate

Riot or tumultuous affray of prisoners is not included

for it is neither a catastrophe nor analogous to
mutiny when subordinate penal employees rebel
against the authority therein.

Article 158
SUMMARY
EVASION OF SERVICE OF SENTENCE ON THE
OCCASION OF DISORDERS, CONFLAGRATIONS, Delivery of prisoners (Art. 156) is committed:
EARTHQUAKES OR OTHER CALAMITIES
a. By detention prisoner if he takes part in
the plan to make him escape;

• ELEMENTS : b. By convict whose conviction is not yet

final or on appeal as principal by
inducement;
a. That the offender is a convict by final
judgement who is confined in a penal
institution. c. By a person rescuing prisoner from jail
who is not the custodian and who may be
a civilian or a public officer who is not a
b. That there is disorder, resulting
custodian.
from-

1. conflagration,

2. earthquake, or Evasion of service of sentence (Art. 157 and 158)

3. explosion, or a. By a prisoner in confinement by final

judgment.
4. similar
catastrophe, or b. By a convict by final judgment who is not in
confinement, e.g. destierro
5. mutiny , not
participated. Infidelity in the custody of prisoner (Articles 223 to
225)
c. That the offender evades the service of
his sentence by leaving the penal a. By a public officer who consented or
institution where he is confined, on connived in the escape of convict or
the occasion of such disorder or during detention prisoner and is the custodian of
the mutiny. the prisoner.

d. That the offender fails to give himself b. Public officer/custodian whose negligence
up to the authorities within 48 hours caused the evasion.
following the issuance of a
proclamation by the chief executive c. A private person to whom the custody of
announcing the passing away of such the prisoner was confided who consented,
calamity. connived, or was negligent thus causing
evasion.
Failure of the convict by final judgment to return
within 48 hours after the declaration by the Thus, in the rescue of a convict by final judgment,
President that the calamity specified has ceased. the crimes are delivery buy the non-custodian,
evasion by the convict, and infidelity by the
Leaving without 1/5 addition to the conniving jailer or infidelity by the conniving jailer
returning within the time sentence or infidelity by negligence by the negligent jailer.
period prescribed
Notes:
Not leaving 2/5 deduction from the
period of his sentence PREVENTIVE DETENTION

Leaving and thereafter 1/5 deduction from
returning within the time sentence as provided
prescribed under Article 98 as
amended by R.A. 10592.
The grounds in Art. 158 are:
The detention prisoner can only be held liable under
Art. 156 if someone helped him; can be considered
principal by indispensable cooperation.
Art. 157; if the prisoner is already serving his
sentence.

1. Conflagration, earthquake, explosion or If the person has custody, the crime is infidelity in
similar catastrophe the custody of prisoner.
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

If the warden is off duty, jail guard is not a. That the offender was already
responsible – only delivery and not infidelity convicted by final judgement of one
offense.
Art. 223 – conniving; Art. 224 – negligence; Art. 225 –
negligence; not a public officer b. That he committed a new felony
before beginning to serve such
Art. 158 – if he returns within 48 hours after the sentence or while serving the same.
issuance of the President that the calamity has
already ceased. Quasi-recidivism – the commission of another
felony by the convict before beginning to serve
If the convicted person Reduction of 1/5 of the sentence or while serving the same. In addition to
left and returned total sentence the penalty for habitual delinquency under Art. 62
(5), the penalty for the new felony shall be imposed
For those who stayed 2/5 of the sentence in the maximum period prescribed by law.

There is quasi-recidivism whether the new felony

If the convict left and Crime of evasion on the
committed is similar to or different from the crime
never returned occasion of disorder
for which the offender is previously convicted or
(Art. 158); additional
serving sentence.
1/5 of the remaining
This applies only to felonies, not to violations of
special penal laws.
Article 159
VIOLATION OF CONDITIONAL PARDON
Quasi-recidivism is a special aggravating
circumstance and should have been included in Book
• ELEMENTS:
I. Thus, it cannot be offsent.
a. That the offender was a convict.
Habitual delinquency – a felony for it has its own
separate penalty distinct from the crimes
b. That he was granted a conditional committed and should have been included in Book
pardon by the chief executive. II.

c. That he violated any of the conditions If the offender is not habitual delinquent, he shall
of such pardon. be pardoned at the age of 70 if he shall have already
served out his original sentence, or when he shall
A form of evasion because by accepting the terms of complete it after reaching said age, unless by reason
the pardon, the prisoner binds himself to the of his conduct or other circumstance, he shall not be
conditions thereof as in any other contact. Violation worthy of such clemency.
of these conditions is tantamount to acceptance of
the conditional pardon only to be relieved of the Notes:
penalty.
Quasi-recidivism/habitual delinquency – cannot be
If the penalty remitted is If the penalty remitted is offset by mitigating circumstance
more than 6 years 6 years or less
Recidivism/reiteracion – can be offset by mitigating
The prisoner will serve There is a new penalty circumstance
the balance of the for the evasion in
penalty for the crime for addition to the balance
which he was pardoned. of the original penalty
TITLE FOUR
remitted.
CRIMES AGAINST PUBLIC INTEREST
Not a substantive law for Substantive offense
there is no separate Counterfeiting – act of imitating or manufacturing
penalty for the violation. money or currency without authority.

Notes: Not necessary that it is a legal tender; even

If it is substantive offense, there will be a separate
crime to be charged because there is new penalty.
COMMISSION OF ANOTHER CRIME
Article 160
COMMISSION OF ANOTHER CRIME DURING SERVICE
OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE-PENALTY: (quasi-recidivism)
counterfeiting of foreign currency is punishable
under Art. 166 (4).
Mutilation of coins – committed by cutting or
scraping the coin to gather its precious metal
content.
P.D. 247 penalizes the willful defacing, mutilating,
tearing, burning, or destroying in any manner
currency coins and notes issued by the BSP.
Article 161

• ELEMENTS COUNTERFEITING GREAT SEAL OF GOVERNMENT

• TYPES:
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

a. Forging the great seal of the a. Possession of coin, counterfeited or

Government mutilated by another person, with
intent to utter the same, knowing that
b. Forging the signature of the President it is false or mutilated.

c. Forging the stamp of the President ELEMENTS:

Article 162 1. possession

USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR 2. with intent to utter, and

STAMP
3. knowledge
ELEMENTS:
b. Actually uttering such false or
a. That the great seal of the republic was mutilated coin, knowing the same to
counterfeited or the signature or be false or mutilated.
stamp of the chief executive was
forged by another person. ELEMENTS:

b. That the offender knew of the 1. actually uttering, and

counterfeiting or forgery.
2. knowledge.
c. That he used the counterfeit seal or
forged signature or stamp. Article 166

Article 163 FORGING TREASURY OR BANK NOTES – IMPORTING

AND UTTERING
MAKING AND IMPORTING AND UTTERING FALSE COINS
• Acts punishable:
• ELEMENTS :
a. Forging or falsity of treasury/bank
a. That there be false or counterfeited notes or documents payable to bearer
coins (need not be legal tender).
b. Importing of such notes
b. That the offender either made,
imported or uttered such coins. c. Uttering of such false or forged
obligations and notes in connivance
c. That in case of uttering such false or with forgers and importers
counterfeited coins, he connives with
counterfeiters or importers. Article 167

Article 164 COUNTERFEITING, IMPORTING, AND UTTERING

INSTRUMENTS NOT PAYABLE TO BEARER
• MULTILATION OF COINS – IMPORTATION AND
UTTERANCE: • ELEMENTS :

This has been repealed by PD 247. (Defacement, a. That there be an instrument payable to
Mutilation, Tearing, Burning or Destroying Central order or other document of credit not
Bank Notes and Coins) payable to bearer.

Under this PD, the acts punishable are: b. That the offender either forged,
imported or uttered such instruments.
a. willful defacement
c. That in case of uttering, he connived
b. mutilation with the forger or importer.

c. tearing Article 168

d. burning ILLEGAL POSSESSION AND USE OF FALSE TREASURY

OR BANK NOTES AND OTHER INSTRUMENT OF CREDIT
e. destruction of Central Bank notes
and coins • ELEMENTS:

Article 165 a. That any treasury or bank note or

certificate or other obligation and
SELLING OF FALSE OR MUTILATED COIN, WITHOUT security payable to bearer, or any
CONNIVANCE instrument payable to order or other
document of credit not payable to
• 2 Types bearer is forged or falsified by another
person.
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

b. That the offender knows that any of 1. Counterfeiting or imitating any

those instruments is forged or handwriting, signature or rubric.
falsified.
Requisites:
c. That he performs any of these acts –
i. That there be an intent to
1. using any of such forged or imitate, or an attempt to
falsified instrument, or imitate

2. possessing with intent to use any ii. That the two signatures or
of such forged or falsified handwritings, the genuine and
instrument. the forged, bear some
resemblance, to each other
Article 169
▪ (lack of similitude/imitation of
FORGERY a genuine signature will not be
a ground for conviction under
• How forgery is committed: par. 1 but such is not an
impediment to conviction
under par. 2)
a. by giving to a treasury or bank note or any
instrument payable to bearer or to order,
the appearance of a true and genuine 2. Causing it to appear that persons have
document participated in any act or proceeding
when they did not in fact so
participate.
b. by erasing, substituting, counterfeiting,
altering by any means the figures, letters
or words, or signs contained therein. 3. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact
The subject matter of forgery is treasury or bank
made by them.
notes. If the subject of forgery is a document, the
crime is falsication.
Requisites:
Article 170
i. That the offender caused it to
appear in a document that a
FALSIFICATION OF LEGISLATIVE DOCUMENTS
person/s participated in an act
or a proceeding; and
• ELEMENTS :
ii. That such person/s did not in
a. That these be a bill, resolution or fact so participate in the act
ordinance enacted or approved or pending or proceeding
approval by the national assembly or any
provincial board or municipal council.
4. Making untruthful statements in a
narration of facts;
b. That the offender (any person) alters the
same.
Requisites:
c. That he has no proper authority therefor.
i. That the offender makes in a
document statements in a
d. That the alteration has changed the narration of facts
meaning of the document.
ii. That he has a legal obligation
Notes: to disclose the truth of the
facts narrated by him;
Damage to a private individual is not material in (required by law to be done)
damaging public instrument. and

Article 171 iii. That the facts narrated by the

offender are absolutely false;
FALSIFICATION OF DOCUMENTS BY PUBLIC and
OFFICER, EMPLOYEE, OR NOTARY OR
ECCLESTASTICAL MINISTER iv. That the perversion or truth in
the narration of facts was
• ELEMENTS: made with the wrongful intent
of injuring a third person
a. That the offender is a public officer,
employee, or notary public. ▪ There must be a narration of facts,
not a conclusion of law. Must be on
b. That he takes advantage of his official a material matter
position.
For one to be held criminally liable for falsification
c. That he falsifies a document by committing under paragraph 4, the untruthful statement must
any of the following acts: be such as to effect the integrity of the document or
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

to change the effects which it would otherwise • ELEMENTS

produce.
a. That the offender is a private individual or
▪ Legal obligation means that there a public officer or employee who did not
is a law requiring the disclosure of take advantage of his official position.
the truth of the facts narrated. Ex.
Residence certificates b. That he committed any of the acts of
falsification enumerated in ART. 171.
▪ The person making the narration of
facts must be aware of the falsity 1. Counterfeiting or imitating any
of the facts narrated by him. This handwriting, signature or rubric.
kind of falsification may be
committed by omission 2. Causing it to appear that persons have
participated in any act or proceeding
5. Altering true dates. when they did not in fact so
participated.
– date must be essential
3. Attributing to persons who have
For falsification to take place under this paragraph, participated in an act or proceeding
the date of the document must be material to the statements other than those in fact
right created or to the obligation that is made by them.
extinguished.
4. Making untruthful statements in a
6. Making any alteration or intercalation narration of facts;
in a genuine document which changes
its meaning. 5. Altering true dates.

Requisites: 6. Making any alteration or intercalation

in a genuine document which changes
i. That there be an alteration its meaning.
(change) or intercalation
(insertion) on a document c. That the falsification was committed in any
public or official or commercial document.
ii. That it was made on a genuine
document

iii. That the FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172.

alteration/intercalation has OF PRIVATE DOCUMENT
changed the meaning of the
document • ELEMENTS :

iv. That the change made the a. That the offender committed any of the
document speak something acts of falsification, except those in
false. paragraph 7 and 8, enumerated in art. 171.

7. Issuing in an authenticated form a b. That the falsification was committed in any

document purporting to be a copy of private document (must affect the truth or
an original document when no such integrity of the document)
original exists, or including in such
copy a statement contrary to, or
c. That the falsification caused damage
different from, that of the genuine
(essential element; hence, no crime of
original; (if no knowledge, falsification
estafa thru falsification of private
through negligence) or
document) to a third party or at least the
falsification was committed with intent to
8. Intercalating any instrument or note cause such damage.
relative to the issuance thereof in a
protocol, registry, or official book.
USE OF FALSIFIED DOCUMENT (par. 3, art. 172)
(genuine document)

Notes: • ELEMENTS:

There can be complex crime of estafa through a. Introducing in a judicial proceeding:

falsification of public document – one is necessary
means of committing the offense. 1. That the offender knew that a
document was falsified by another
Damage is not required, because damage is now in person.
public interest.
2. That the false document is embraced
Article 172 in art. 171 or in any subdivisions nos. 1
and 2 of art. 172.
FALSIFICATION OF PUBLIC, OFFICIAL, OR
COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL
(par 1)
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019
3. That he introduced said document in
evidence in any judicial proceeding.
(intent to cause damage not necessary)
b. Use in any other transaction:
1. That the offender knew that a
document was falsified by another
person.
2. That the false document is embraced
in art. 171 or in any of subdivisions
nos. 1 and 2 of art. 172.
3. That he used such documents (not in
judicial proceedings).
4. That the use of the documents caused
damage to another or at least was used
with intent to cause such damage.
Falsification under Art. 171
1. Offender is a public officer or employee,
notary public, or ecclesiastical minister;
2. He takes advantage of his official position;
3. He falsifies a document in any of the eight
ways enumerated in the article.
Public officer – any person taking part in the
performance of public functions in the
government, or performing in said government or
any of its branches public duties as an employee,
agent, or subordinate official, of any rank or class
by direct provision of law, by popular election or
by appointment by competent authority.
The offender must take advantage of his official
position. Without this element, the crime fall under
Art. 172.
Taking advantage – the public officer is the
custodian of the document or that he takes part or
intervenes in the preparation of the document
A document is falsified by fabricating an inexistent
document or by changing the contents of an existing
one through any of the 8 ways enumerated in Art.
171.
The writing must be complete, otherwise, there is
no falsification because this crime can be committed
only with respect to documents and an incomplete
or unfilled up form is not a document.
4 kinds of documents under the RPC:
Private document – a deed between private
individuals by w/c something is proved, evidenced or
set forth and for which a notary public or one
authorized to administer oath has not intervened.
Private documents can become public document.
Public document – a private document that has
been notarized or made part of the public record or
intended at the outset to become part of public
record like official receipts from private contractors
for purchases of equipment by a public office.
Official document – required by law to be issued or
one issued in the performance of a duty.
Commercial document – one which complies with
mercantile laws.
Rules of court:
Public and private. Public include public records and
notarized documents except last will and testament.
Damage or intent to cause damage is not an element
of falsification. Intent to gain or to cause injury is
immaterial. Even more sore, the gain or damage is
not necessary.
*Although damage is not an element of falsification,
the presence or absence of damage signifies the
state of mind of the actor.
The SC held that falsification, being a felony,
requires criminal intent to pervert the truth. Where
1. The accused did not profit; and 2. No damage was
caused to any private property or the gov’t - intent
to pervert the truth is absent.
Where the mind is not criminal, the act cannot be
criminal – actus non facit reum, nisi mens sit rea.
Good faith is a defense in falsification.
*DTR is a public document but it has characteristics
distinct from other public documents.
*The municipal payroll being a public document. It
can only be rebutted by other competent evidence
and cannot be overcome by the testimony of a single
witness.
*A driver’s license is a public document within the
purview of Articles 171 and 172. Even if simulated, it
became a public document.
In falsification under Article 172, the document need
be an authentic official paper since its simulation, in
fact, is the essence of falsification. The signatures
appearing need not necessarily be forged.
In falsification by counterfeiting the signature of
another, it is immaterial whether or not the
contents set forth therein was false. What is
important is the fact that the signature of another
was counterfeited.
In falsification by making untruthful statements in a
narration of facts, the following must concur:
a. The offender makes in a document
untruthful statements in a narration of
facts.
b. He has a legal obligation to disclose the
truth of the facts narrated by him.
c. The facts narrated by the offender are
absolutely false.
Legal obligation – there is a law requiring the
disclosure of the truth of facts narrated.
Appellant may not be convicted of falsification of
public document by making false statements in a
narration of facts absent any legal obligation to
disclose where he would spend his vacation and
forced leave. There is no law imposing upon him the
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

legal obligation to disclose where he was going to private document was committed even without
spend his leave of absence. essential in the resorting to falsification,
commission of estafa the latter being resorted
The acts punished under Article 172 are: because without the only to facilitate estafa.
falsification, estafa Falsification is merely
a. Falsification of public, official or cannot be committed. incidental, since even
commercial documents by a private without falsification,
individual; estafa can be
committed.
b. Falsification of private document by any
person; and It is submitted that the crime should be estafa
because one would not falsifiy a document for the
c. Use of falsified document in: 1. a judicial sake of falsifying. He does so profit, hence, his
proceeding or 2. In any other proceedings. intent must be to commit estafa. And when two
crimes are possible for a single act, it should be the
intent that should determine the crime committed.
Art. 171 (Falsification Art. 172 (falsification
by public officer, by private individual
employee or notary, and use of falsified The legal presumption is that when a person
or ecclesiastic documents) makes use of a falsified document, he is deemed
minister) to be the falsifier.

Where:
Offender is a public The offender includes
officer, notary public private individuals.
or ecclesiastical a. The user benefited from the use of the false
minister. document;

The document falsified Specifies different b. The time between the falsification and the
could be any kinds of document and use is so close;
document. who should falsify
each, respectively. c. The presumption of falsification is
established and when the offender is not
Damage is not an Damage or intent to able to overcome such presumption, even
element cause damage is an without direct evidence of falsification, he
element can be convicted.

The elements of using falsified document in a

A public official who did not take advantage of his
transaction other than as evidence in judicial
official position is not included in Article 171 but is
proceeding are:
covered by 172 which speaks of “any person”
a. The offender knew that a document was
A public official is considered such only when he is
falsified by another;
acting within the scope of his authority. When he
falsifies a document, he is acting beyond his
authority and he “goes down to the level of a b. The false document is embraced in Art. 171
private individual.” of in any of subdivision nos. 1 and 2 of Art
172.
Abuse of public office is considered present when
the offender falsifies a document in connection with c. He used such document (not in judicial
the duties of his office, which consist of either proceedings);
making or preparing or otherwise intervening in the
preparation of a document. d. The use of false document caused damage
to another or at least it was used with
Public, official or Complex crime is intent to cause such damage.
commercial document committed, because
was falsified to commit damage to the offended The driver’s license being a public document, proof
estafa is not material for it is of the 4th element of damage caused to another
not an element of the person or at least intent to cause such damage has
crime. become immaterial.

Falsification of private There is no complex In falsification of public or official documents,

document to commit crime because the same the principal thing being punished is the violation
estafa element of damage is of the public faith and the destruction of truth
present in both crimes proclaimed therein.
and one and the same
element cannot give rise Criminal liability is incurred even without damage or
to more than one crime. intent to cause damage when the document is used
in judicial proceedings. Damage or intent to cause
Criteria to determine whether the crime is estafa damage is necessary only in any transaction other
only or falsification only. than judicial proceedings.

FALSIFICATION ESTAFA The damage in Art. 172 refers not only to pecuniary
damage. *issuance by SEC of Articles of
Incorporation to the applicant as damage for
If the falsification of the If the estafa can be
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

without the falsified Treasurer’s Affidavit, the Your statement must be on a material subject
entity would not have been incorporated. matter which is subject of inquiry.

Two important distinguishing marks: If narration of fact, it will fall under falsification
par. 4
a. Whether the document is required by law
to be under oath; FALSE TESTIMONY

b. Whether the statements on a material - Submitted to court

matter are false.
If not required under oath – falsification under
paragraph 4.

Falsification by making Perjury PRESUMPTION:

untruthful statements
or by imitating a Whoever uses a falsified document is a falsifier
signature
PRESCRIPTION: when does prescription of crime
When either one is When both queries are start to run?
negative, it is affirmative.
falsification. Against the defendant – there should be a final
judgment.
The documents may or The document must be
may not be under oath under oath and required In favor of the accused – not dependent on a
by law to be under oath decision

The contents of the The contents of the Article 173

document may be true document in its material
but it is the signature aspect must be FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH,
that is false deliberately false AND TELEPHONE MESSAGES, AND USE OF SAID
FALSIFIED MESSAGES
The document must be required by law to be sworn
to and was in fact sworn to. • Acts punishable:

If the statements are true, although the signature is 1. Uttering fictitious, wireless, telegraph or
false, even if the document is under oath, the crime telephone message
is falsification, not perjury.
Requisites:
Notes:
a. That the offender is an officer or
Damage is material employee of the government or an
officer or employee of a private
Can there be estafa and falsification of private corporation, engaged in the service
document? Only one crime of sending or receiving wireless,
cable or telephone message.
If you cannot commit estafa w/o falsification, the
crime is falsification b. That the accused commits any of
the following acts:
If estafa can be committed with or without
falsification, the crime is estafa. - uttering fictitious wireless,
cable, telegraph, or telephone
Kinds of falsification: message, or

Documents that are inexistent – simulated/ no need - falsifying wireless, cable,

for genuine document telegraph, or telephone
message
Alteration/intercalation – genuine document needed
2. Falsifying wireless, telegraph or telephone
PERJURY message

1. Required under oath Requisites:

2. Deliberately false a. That the offender is an officer or

employee of the government or an
If the signature is true, but the statements are false, officer or employee of a private
the crime is still perjury. corporation, engaged in the service
of sending or receiving wireless,
cable or telephone message.
If the statements are true, but the signature is
frauded, the crime is falsification.
b. That the accused commits any of
the following acts:
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

- uttering fictitious wireless, a. Making or introducing into the

cable, telegraph, or telephone Philippines any stamps, dies or marks
message, or or other instruments or implements for
counterfeiting or falsification
- falsifying wireless, cable,
telegraph, or telephone b. Possessing with intent to use the
message instruments or implements for
counterfeiting or falsification made in
3. Using such falsified message or introduced into the Philippines by
another person
Requisites:
OTHER FALSITIES
a. That the accused knew that
wireless, cable, telegraph, or Article 177
telephone message was falsified by
any of the person specified in the USURPATION OF AUTHORITY OR OFFICIAL
first paragraph of art. 173. FUNCTIONS:

b. That the accused used such • 2 ways of committing the crime:

falsified dispatch.
a. By knowingly and falsely representing
c. That the use of the falsified oneself to be an officer, agent or
dispatch resulted in the prejudice representative of any department or
of a third party, or that the use agency of the Philippine gov’t or any
thereof was with intent to cause foreign gov’t.
such prejudice.
b. By performing an act pertaining to any
Article 174 person in authority or public officer of
the Phil gov’t or foreign gov’t under
FALSIFICATION OF MEDICAL CERTIFICATES, the pretense of such official position,
CERTIFCATES OF MERIT OR SERVICE AND THE LIKE: and without being lawfully entitled to
do so.
• Persons liable:
• In usurpation of authority: The mere act of
a. Physician or surgeon who, in connection knowingly and falsely representing oneself is
with the practice of his profession, issued a sufficient. Not necessary that he performs an
false certificate (note: such certificate act pertaining to a public officer.
must refer to the illness or injury of a
person) Elements

b. Public officer who issued a false certificate

of merit of service, good conduct or similar
circumstances 1. Offender knowingly and falsely
represents himself;
c. Private individual who falsified a
certificate under (1) and (2) 2. As an officer, agent or
representative of any department
Article 175 or agency of the Philippine
government or of any foreign
USING FALSE CERTIFICATES government.

• ELEMENTS: • In usurpation of official functions: It is essential

that the offender should have performed an act
a. That a physician or surgeon has issued pertaining to a person in authority
a false medical certificate, or a public
officer has issued a false certificate of Elements
merit or service, good conduct, or
similar circumstances, or a private 1. Offender performs any act;
person had falsified any of said
certificates. 2. Pertaining to any person in
authority or public officer of the
b. That the offender knew that the Philippine government or any
certificate was false. foreign government, or any agency
thereof;
c. That he used the same.
3. Under pretense of official
Article 176 position;

MANUFACTURING AND POSSESSION OF INTRUMENTS 4. Without being lawfully entitled to

OR IMPLEMENTS FOR FALSIFICATION: do so.

• Acts punishable:
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019
It is committed by any person who by false pretense
represents himself to be a public officer, agent or
representative of any department or agency of the
Philippine government or foreign government.
Usurpation of function is committed when a person
performs functions pertaining to public officer under
false pretense of public authority without being
lawfully entitled thereto.
If the performance of public function is without a
claim of public authority, there is no criminal
liability; directing traffic during an accident as a
form of civic spirit.
Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE
NAME
• ELEMENTS (using fictitious name) :
a. That the offender uses a name other
than his real name.
b. That he uses that fictitious name
publicly.
c. That the purpose of the offender is –
1. To conceal a crime,
2. To evade the execution of a
judgment, or
3. To cause damage to public
interest. (ex. Signing fictitious
name for a passport)
• ELEMENTS (concealing true name):
a. that the offender conceals –
1. his true name, and
2. all other personal circumstances.
b. that the purpose is only to conceal his
identity.
Article 179
ILLEGAL USE OF UNIFORM OR INSIGNIA
• ELEMENTS:
a. That the offender makes use
insignia, uniform or dress.
b. That the insignia, uniform or dress
pertains to an office not held by the
offender or to a class of persons of
which he is not a member.
c. That said insignia, uniform or dress is
used publicly and improperly.
Article 180
FALSE TESTIMONY AGAINST A DEFENDANT
• ELEMENTS:
a. That there be a criminal proceeding.
b. That the offender testifies falsely under
oath against the defendant therein.
c. That the offender who gives false
testimony knows that it is false.
d. That the defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgment (prescriptive
period starts at this point)
Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a
criminal case:
Elements:
1. A person gives false testimony;
2. In favor of the defendant;
3. In a criminal case.
Article 182
FALSE TESTIMONY IN CIVIL CASES
• ELEMENTS:
a. That the testimony must be given in a civil
case.
b. That the testimony must relate to the
issues presented in said case.
c. That the testimony must be false.
d. That the false testimony must be given by
the defendant knowing the same to be
false.
e. That the testimony must be malicious and
given with an intent to affect the issues
presented in the said case
Article183
FALSE TESTIMONY IN OTHER CASES AND PERJURY IN
SOLEMN AFFIRMATION
of
ELEMENTS:
a. That an accused made a statement
under oath or made an affidavit upon a
material matter.
b. That the statement or affidavit was
made before a competent officer,
authorized to receive and administer
oath.
c. That in that statement or affidavit,
the accused made a willful and
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

deliberate assertion of a falsehood,
and
d. That the sworn statement or affidavit
containing the falsity is required by
law.
Article 184
OFFERING FALSE TESTIMONY IN EVIDENCE
• ELEMENTS:
a That the offender offered in evidence a
false witness or false testimony.
b That he knew the witness or the testimony
was false.
c That the offer was made in a judicial or
official proceeding.
The law classifies the crime into false testimony in
favor or against the accused which is significant in
determining when the period for prescription of
the crime begins to run, thus:
If the testimony is not under oath, the crime is
falsification. If the signature is forged but the
statements under oath are true, there is still no
perjury. Therefore, the essential elements to
make the statement perjury and not falsification
are that it must be under oath and there is falsity
in the statements made.
Subornation of perjury refers to the act of a person
of procuring a false witness to testify and thereby
commit perjury. It is the act of the procurer. He is a
co-principal by inducement.
Art. 184 punishes mere offering of a false testimony
or false witness. The conviction of the perjurer is
unnecessary, unlike in subornation. The witness may
not have actually perjured but the offeror is still
liable for having offered the false witness.
FRAUDS
Article 185
MACHINATIONS IN PUBLIC AUCTION
• ELEMENTS:

In favor Against a That there be a public auction.

The prescriptive period The period will begin to
commences to run right run only when the case
after the false testimony has been decided with
because the basis of the finality because the basis
penalty on the false of the penalty on the
witness is the gravity of false witness is the
the felony charged to sentence on the
the accused regardless accused. When the latter
of whether or not the is acquitted, there is still
trial has been a penalty on the false
terminated or the witness for his false
accused was acquitted or testimony.
convicted.
b That the accused solicited any gift or a
promise from any of the bidders.
c That such gifts or promise was the
consideration for his refraining from taking
part in that public auction.
d That the accused had the intent to cause
the reduction of the price of the thing
auctioned.
• ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS
TO STAY AWAY:

Perjury is knowingly making untruthful statements a That there be a public auction.

and not being included in the provisions of Art. 180-
182 on false testimony, shall testify under oath, or
make an affidavit, upon any material matter before
a competent person authorized to administer an
oath in cases in which the law requires.
The following elements of perjury must concur:
b That the accused attempted to cause the
bidders to stay away from that public
auction
c That it was done by threats, gifts,
promises, or any other artifice.

a. There must be a statement or affidavit d That the accused had the intent to cause
under oath; the reduction of the price of the thing
auctioned.
b. The oath must be administered by an
officer competent to do so because it is Article 186
essential that the oath be valid;
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF
c. The witness-affiant must have made TRADE:
willful or deliberate assertion of falsehood
on a material matter subject of inquiry. • Acts punished:

d. The testimony or affidavit must have been a. Combination to prevent free competition in
made to comply with a legal requirement. the market

If the document is not required to be under oath, Elements

even if it were sworn to or notarized, perjury is still
not committed because perjury requires that the
1. Entering into any contract or
oath be a legal requirement.
agreement or taking part in any
conspiracy or combination in the
form of a trust or otherwise;
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019
2. In restraint of trade or commerce
or to prevent by artificial means
free competition in the market.
b. By entering into a contract or agreement or
taking part in any conspiracy or
combination in the form of a trust or
otherwise, in restraint of trade or
commerce or prevent by artificial means
free competition in the market (It is
enough that initial steps are taken. It is not
necessary that there be actual restraint of
trade)
c. Monopoly to restrain free competition in
the market
Elements
1. By monopolizing any merchandise
or object of trade or commerce, or
by combining with any other
person or persons to monopolize
said merchandise or object;
2. In order to alter the prices thereof
by spreading false rumors or
making use of any other artifice;
3. To restrain free competition in the
market
d. Manufacturer, producer or processor or
importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or to
increase the market price of the
merchandise.
Elements
1. Manufacturer, producer, processor
or importer of any merchandise or
object of commerce;
2. Combines, conspires or agrees with
any person;
3. Purpose is to make transactions
prejudicial to lawful commerce or
to increase the market price of
any merchandise or object of
commerce manufactured,
produced, processed, assembled or
imported into the Philippines.
Article 187
IMPORTATION AND DISPOSITION OF FALSELY
MARKED ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS METALS OR
THEIR ALLOYS
• ELEMENTS:
a That the offender imports, sells or disposes
of any of those articles or merchandise.
b That the stamps, brands, or marks or those
articles or merchandise fails to indicate the
actual fineness or quality of said metals or
alloys.
c That the offender knows that the said
stamp, brand, or mark fails to indicate the
actual fineness or quality of the metals or
alloys.
Article 188
SUBSTITUTING – ALTERING TRADE-MARK,
TRADENAME, OR SERVICE MARK
• Acts punishable:
a By (a) substituting the trade name (t/n) or
trademark (t/m) of some other
manufacturer or dealer or a colorable
imitation thereof, for the t/n or t/m of the
real manufacturer or dealer upon any
article of commerce and (b) selling the
same.
b By selling or by offering for sale such
article of commerce, knowing that the t/n
or t/m has been fraudulently used
c By using or substituting the service mark of
some other person, or a colorable imitation
of such marks, in the sale or advertising of
services
d By printing, lithographing or reproducing
t/n, t/m or service mark of one person, or
a colorable limitation thereof, to enable
another person to fraudulently use the
same, knowing the fraudulent purpose for
which it is to be used.
Article 189
UNFAIR COMPETITION, FRAUDULENT
REGISTRATION OF TRADENAME, TRADEMARK
SERVICE MARK, FRAUDULENT DESIGNATION OF
ORIGIN, AND FALSE DESCRIPTION
• Acts punished:
a Unfair competition by selling his goods,
giving them the general appearance of the
goods of another manufacturer or dealer
b Fraudulent designation of origin; false
descriptionby (a) affixing to his goods or
using in connection with his services a false
designation of origin; or any false
description or representation, and (b)
selling such goods or services
c Fraudulent registration by procuring
fraudulently from the patent office the
registration of t/m, t/m or service mark.
• ELEMENTS:
a That the offender gives his goods the
general appearance of the goods of another
manufacturer or dealer
b That the general appearance is shown in
the (a) goods themselves, or in the (b)
wrapping of their packages, or in the (c)
device or words therein, or in (d) any other
feature of their appearance
 CRIMINAL LAW II REVIEWER BY HAVENLYNNE F. GARCIA AUSL 2019

c That the offender offers to sell or sells

those goods or gives other persons a chance
or opportunity to do the same with a like
purpose.

d That there is actual intent to deceive the

public or defraud a competitor.

Public auction is conducted to secure to the public

the best price. This crime is committed by a person
who rigs the auction to frustrate this purpose of the
law.

Manuel, 7 Phil. 221, laid down this test to determine

unfair competition: whether certain goods have
been clothed with an appearance which is likely to
deceive the ordinary purchaser exercising ordinary
care.

Thus, if the goods are so crude and the price so low

that the ordinary purchaser cannot possibly be
deceived, there is no unfair competition.

Unfair Competition Estafa

The fake articles are The fake article is

offered to deceive the offered to a particular
general public. individual who is
deceived provisions of
Articles 188 and 189

Unfair competition is now covered by the new law on

Intellectual Property which expressly repealed the
provisions of Articles 188 and 189.