ANGELES UNIVERSITY FOUNDATION

Angeles City
School of Law

CRIMINAL LAW II
2nd Semester, SY 2020
Section: Law 1-B

CRIMINAL LAW II

Exercise (1)

TRUE OR FALSE

This part of the course will cover Articles of Revised Penal Code (RPC); Republic Act
(RA) No. 6235, RA No. 9372, RA No. 9851, RA No. 7438, Commonwealth Act. No. 616, and
the applicable case doctrines therein.

Print out this exercise using long bond paper. For each said Article, Act and doctrine,
determine if the elements enumerated or case summary stated therein are complete or accurate. If
complete and accurate, write in your personal handwriting beside the Article, law or doctrine the
word “true” and if not, state the word “false,” without explaining.

The student may submit his or her answers as they have written in this exercise on or
before the mid-term examination in this course. Those who have chosen to submit said answers
will be given extra and full points in this course depending on the correctness of their answers.
Those who have opted not to submit said answers will be graded solely on the correctness of
their answers in the class recitation and mid-term examination.

A. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

ARTICLE 114 TREASON

 The offender owes allegiance to the Government of the Philippines
 There is a war in which the Philippines is involved.
 The offender either – a) levies war against the Government OR b) adheres to the enemies,
giving them aid or comfort.

ARTICLE 115 CONSPIRACY AND PROPOSAL TO COMMIT TREASON

CONSPIRACY TO COMMIT TREASON

 Committed when in time of war;
 A person who has decided to levy war against the Government OR to adhere to the enemies
and to give them aid or comfort
 Decide to commit it

PROPOSAL TO COMMIT TREASON

 Committed when in time of war;
 Two or more persons come to an agreement to levy war against the Government; OR to
adhere to the enemies and to give them aid or comfort, and
 Proposes its execution to some other person or persons

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ARTICLE 116 MISPRISION OF TREASON
 Offender must be owing allegiance to the Government, and not a foreigner
 He has knowledge of any conspiracy to commit treason against the Government
 He conceals or does not disclose and make known the same as soon as possible the proper
authorities

ARTICLE 117 ESPIONAGE

TWO WAYS OF COMMITTING ESPIONAGE:

1. By entering, without authority therefor, a warship, fort, or naval or military establishment
or reservation to obtain any information, plans, photographs, or other data of a confidential
nature relative to the defense of the Philippines
o The offender enters any of the places mentioned therein
o He has no authority therefor
o His purpose is to obtain any information, plans, photographs, or other data of a
confidential nature relative to the defense of the Philippines

2. By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred to in paragraph no. 1 of Article 117, which he had in his possession
by reason of the public office he holds
o The offender is a public officer
o He has in his possession the articles, data or information referred to in paragraph
no. 1 of Article 117, by reason of the public office he holds
o He discloses their contents to a representative of a foreign nation

ARTICLE 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

 The offender performs unlawful or unauthorized acts
 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

 There is a war in which the Philippines is not involved
 There is a regulation issued by competent authority for the purpose of enforcing neutrality
 The offender violates such regulation

ARTICLE 120 CORRESPONDENCE WITH HOSTILE COUNTRY

 It is in time of war in which the Philippines is involved
 The offender makes correspondence with an enemy country or territory occupied by enemy
troops
 The correspondence is either:
o Prohibited by the Government
o Carried on in ciphers or conventional signs containing notice or information which
might be useful to the enemy

ARTICLE 121 FLIGHT TO ENEMY’S COUNTRY

 There is a war in which the Philippines is involved
 That the offender owes allegiance to the Government.
 That the offender attempts to flee or go to enemy country
 That going to enemy country is prohibited by the competent authority

ARTICLE 122 PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS

 A vessel is on the high seas or in Philippine waters
 The offenders are not members of its complement or passengers of the vessel

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  The offenders 1) attack or seize that vessel; OR 2) seize the whole or part of the cargo of
said vessel, its equipment or personal belongings of its complement or passengers

ARTICLE 123 QUALIFIED PIRACY

 Whenever the offenders have seized the vessel by boarding or firing upon the same
 Whenever the pirates have abandoned their victims without means of saving themselves
 Whenever the crime is accompanied by murder, homicide, physical injuries, or rape

1. doctrines involved in the following treason cases:

Laurel v. Misa, 77 Phil. 856

The absolute and permanent allegiance of the inhabitants of a territory occupied by the
enemy of their legitimate government or sovereign is not abrogated or severed by the enemy
occupation because the sovereignty of the government or sovereign de jure is not transferred
thereby to the occupier. It remains vested in the legitimate government.
What may be suspended is the exercise of the rights of sovereignty with the control and
government of the territory occupied by the enemy passes temporarily to the occupant. The
political laws which prescribe the reciprocal rights, duties and obligation of government and
citizens, are suspended in abeyance during military occupation.

People v. Perez, 83 Phil. 314

The law of treason does not prescribe all kinds of social, business and political intercourse
between the belligerent occupants of the invaded country and its inhabitants. What aid and comfort
constitute treason must depend upon their nature degree and purpose.
As a general rule, to be treasonous, the extent of the aid and comfort given to the enemies
must be to render assistance to them as enemies and not merely as individuals and in addition, be
directly in furtherance of the enemies’ hostile designs.
His “commandeering” of women to satisfy the lust of Japanese officers or men or to enliven
the entertainment helped to make life more pleasant for the enemies and boost their spirit. The acts
of the accused in relation with the Japanese didn’t directly and materially tend to improve the war
efforts or to weaken the power of the United States. Moreover, intent of disloyalty, which is
essential in the crime of treason is lacking.

People v. Prieto, 80 Phil. 138

In the nature of things, the giving aid and comfort can only be accomplished by some kind
of action. Its very nature partakes of a deed or physical activity as opposed to a mental operation.
This deed or physical activity may be, and often is, in itself a criminal offense under another penal
statute or provision. Even so, when the deed is charged as an element of treason it becomes
identified with the latter crime and cannot be the subject of a separate punishment.

People v. Manayao, 78 Phil. 721

One cannot divest himself or herself of his or her Philippine citizenship by the simple
expedient of accepting a commission in the military, naval or air service of such country.
People v. Adriano, 78 Phil. 561
The two-witness rule required for conviction for treason is that no person shall be convicted
thereof unless on the testimony of two-witnesses to the same overt act. If the overt act is separate,
two (2) witnesses must also testify to each part of overt act for conviction.

2. elements of the offenses in Commonwealth Act No. 616 (AN ACT TO PUNISH
ESPIONAGE AND OTHER OFFENSES AGAINST THE NATIONAL SECURITY);

Different ways of violating Section 1 of CA 616 - Unlawfully obtaining or permitting to be

obtained information affecting national defense:

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  Where one goes upon, enters, flies over, or otherwise obtains information concerning any
vessel, aircraft, work of defense, navy yard, naval station, submarine base, coaling station,
fort battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine,
telegraph, telephone, wireless, or signal station, building, office, or other place connected
with the national defense, owned or constructed, or in progress of construction by the
Philippines or by the United States or under the control of the Philippines or of the United
States, or any of its officers or agents, or within the exclusive jurisdiction of the Philippines
or of the United States, or any place in which any vessel, aircraft, arms, munitions, or other
materials or instruments for the use in time of war are being made, prepared, repaired, or
stored, under any contract or agreement with the Philippines or the United States, or with
any person on behalf of the Philippines or the United States, or otherwise on behalf of the
Philippines or the United States, or any prohibited place within the meaning of section six
hereof; or
 Where one copies, takes, makes, or obtains, or attempts, or induces or aids another to copy,
take, make, or obtain, any sketch, photograph, photographic negative, blue print, plan, map,
model, instrument, appliance, document, writing, or note of anything connected with the
national defense; or
 Where one receives or obtains or agrees or attempts or induces or aids another to receive
or obtain from any person, or from any source whatever, any document, writing, code book,
signal book, sketch, photograph, photographic negative, blue print, plan, map, model,
instrument, appliance, or note of anything connected with the national defense, knowing
or having reason to believe, at the time he receives or obtains, or agrees or attempts or
induces or aids another to receive or obtain it, that it has been or will be obtained, taken,
made, or disposed of by any person contrary to the provisions of this Act; or
 Where one having possession of, access to, control over, or being intrusted with any
document, writing, code book, signal book, sketch, photograph, photographic negative,
blue print, plan, map, model, instrument, appliance, or note relating to the national defense,
wilfully communicates or transmits or attempts to communicate or transmit the same to
any person not entitled to receive it, or wilfully retains the same and fails to deliver it on
demand to the officer or employee of the Philippines or of the United States entitled to
receive it; or
 Where one being intrusted with or having lawful possession or control of any document,
writing, code book, signal book, sketch, photograph, photographic negative, blue print,
plan, map, model, note or information, relating to the national defense, through gross
negligence permits the same to be removed from its proper place of custody or delivered
to anyone in violation of this trust or to be lost, stolen, abstracted, or destroyed

Different ways of violating Section 2 of CA 616 - Unlawful disclosing of information affecting

national defense:

 Where one communicates, delivers, or transmits, or attempts to, or aids or induces another
to, communicate, deliver, or transmit to any foreign government, or any faction or party or
military or naval force within a foreign country, whether recognized or unrecognized by
the Philippines or by the United States, or to any representative, officer, agent, employee,
subject, or citizen thereof, either directly or indirectly, any document, writing, code book,
signal book, sketch, photograph, photographic negative, blue print, plan, map, model,
instrument, appliance, or information relating to the national defense
 Where one shall collect, record, publish, or communicate, or attempt to elicit any
information with respect to the movement, number, description, condition, or disposition
of any of the armed forces, ships, aircraft, or war materials of the Philippines or of the
United States, or with respect to the plans or conduct, or supposed plans or conduct of any
military, naval, or air operations, or with respect to any works or measures undertaken for
or connected with, or intended for the fortification or defense of any place, or any other
information relating to the public defense which might be useful to the enemy

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Different ways of violating Section 3 of CA 616 - Unlawful disclosing of information affecting
national defense:

 To advise, counsel, urge, or in any manner cause insubordination, disloyalty, mutiny, or

refusal of duty by any member of the military, naval, or air forces of the Philippines or of
the United States; or
 To distribute any written or printed matter which advises, counsels, or urges
insubordination, disloyalty, mutiny, or refusal of duty by any member of the military,
naval, or air forces of the Philippines or of the United States.

Different ways of violating Section 4 of CA 616 - Disloyal acts or words in time of war:

 By willfully making or conveying false reports or fales statements with intent to interfere
with the operation or success of the AFP
 To promote the success of its enemies, by willfully causing or attempting to cause
insubordination, disloyalty, mutiny or refusal of duty in the AFP
 By willfully obstructing the recruiting or enlistment service

SECTION 5. Conspiracy to violate preceding sections

 Two or more persons conspire to violate the provisions of sections one, two, three, or four
of this Act; and
 One or more of such persons does any act to effect the object of the conspiracy

SECTION 6. Harboring or concealing violators of the law

 The offender knows that a person has committed or is about to commit an offense under
this Act;
 The offender harbors or conceals such person.

Other acts punished by CA No. 616:

 Using or permitting or procuring the use of an aircraft for the purpose of making
photograph, sketch, etc. of vital installations or equipment of the AFP
 Reproducing, publishing, selling, etc. uncensored copies of photograph, sketch, etc of the
vital military, naval or air post, camp or station, without permission of the commanding
officer
 Injuring or destroying or attempting to injure or destroy war materials, premises or war
utilities when the Philippines is at war
 Making or causing war materials to be made in a defective manner when the Philippines is
at war
 Injuring or destroying national defense material, premises or utilities
 Making or causing to be made in a defective manner, or attempting to make or cause to be
made in a defective manner, national defense material

3. doctrines in the following piracy cases:

People v. Lol-lo and Saraw, 43 Phi 19

Piracy is a crime not against any particular state but against all mankind. It may be punished
in the competent tribunal of any country where the offender may be found or into which he may
be carried. The jurisdiction of piracy unlike all other crimes has no territorial limits. As it is against
all so may it be punished by all. Nor does it matter that the crime was committed within the

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jurisdictional 3-mile limit of a foreign state, "for those limits, though neutral to war, are not neutral
to crimes.

People v. Rodriguez, 135 SCRA 485

Clearly, the penalty imposable upon persons found guilty of the crime of piracy where rape,
murder or homicide is committed is mandatory death penalty. Thus, the lower court committed no
error in not considering the plea of the three defendants as a mitigating circumstance. Article 63
of the Revised Penal Code states that: Rules for the application of indivisible penalties.—In all
cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts
regardless of any mitigating or aggravating circumstances that may have attended the commission
of the deed.

People v. Siyoh, 141 SCRA 356

The number of persons killed on the occasion of piracy is not material. P.D. No. 532 considers
qualified piracy, i.e. rape, murder or homicide is committed as a result or on the occasion of piracy,
as a special complex crime punishable by death regardless of the number of victims.

4. elements of the offenses in –

Republic Act (RA) No. 6235 (Hijacking)

ACTS PUNISHED:
 Usurping or seizing control of an aircraft of Philippine registry while it is in flight;
compelling the pilots thereof to change its course or destination
 Usurping or seizing control of an aircraft of foreign registry, while within Philippine
territory, compelling the pilots thereof to land in any part of Philippine territory
 Carrying or loading on board an aircraft operating as a public utility passenger aircraft in
the Philippines flammable, corrosive, explosive or poisonous substances; and
 Loading, shipping, or transporting on board a cargo aircraft operating as a public utility
in the Philippines, flammable, corrosive, or poisonous substance if not done in accordance
with the rules and regulations of the Air Transportation Office.

RA No. 9372 (Terrorism)

 Any person who commits an act punishable under any of the provisions of the Revised
Penal Code or special laws as provided in RA 9372
 sowing and creating a condition of widespread and extraordinary fear and panic
 In order to coerce the government to give in to an unlawful demand

RA No. 9851 (Crimes against International Humanitarian Law)

SECTION 4 War Crimes

In case of international conflict:
 Grave breaches of the Geneva Convention
 Commission of any of the acts enumerated under Sec. 4(a) of RA 9851
In case of non-international armed conflict:
 Serious violations of common Article 3 and 4 of Geneva Conventions
 Commission of any acts enumerated under Sec. 4(b) of RA 9851
 Against persons not taking active part in the hostilities including hors de combat
Other serious violations of the law and customs applicable in armed conflict:
 Commission of any of the acts enumerated under Sec 4(c)f RA 9851

SECTION 5 Genocide
 Commission of any of the acts enumerated under Sec. 5 of RA 9851
 With intent to destroy, in whole or in part;

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  A national, ethnic, racial, religious, social or any similar stable and permanent group
--Directly and publicly inciting others to commit genocide is likewise unlawful.

SECTION 6 Other Crimes Against Humanity

 Commission of any of the acts enumerated under Sec 6 of RA 9851
 Committed as part of a widespread or systematic attack
 Directed against any civilian
 With knowledge of the attack

B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

The student will summarize the:

1. elements of the crimes found in Articles 124-133, RPC; and

ARTICLE 124 ARBITRARY DETENTION

 That the offender is a public officer
 That he detains a person
 That the detention is without legal grounds

ARTICLE 125 DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE

PROPER JUDICIAL AUTHORITIES
 The offender is a public officer or employee
 That he or she has detained a person for some legal ground
 That he or she fails to deliver such person to the proper judicial authorities within:
o 12 hours for light penalties or their equivalent
o 18 hours for correctional penalties or their equivalent
o 36 hours for afflictive penalties or their equivalent

ARTICLE 126 DELAYING RELEASE

 That the offender is a public officer or employee
 That there is a judicial or executive order for the release of a prisoner or detention prisoner,
or that there is a proceeding upon a petition for the liberation of such person
 That the offender without good reason delays
o The service of the notice of such order to the prisoner,
o The performance of such judicial or executive order for the release of the prisoner
or
o The proceedings upon a petition for the release of such person.

ARTICLE 127 EXPULSION

 That the offender is a public officer or employee

 That he expels any person from the Philippines, or compels a person to change his or her
residence
 That the offender is not authorized by law to do so

ARTICLE 128 VIOLATION OF DOMICILE

ACTS PUNISHED:
 By entering any dwelling against the will of the owner thereof
 By searching papers or other effects founds therein without the previous consent of the
owner

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 By refusing to leave the premises, after having surreptitiously entered said dwelling and
after having been required to leave the same.
Common Elements:

 That the offender is a public officer or employee

 That he or she is not authorized by judicial order to enter the dwelling and/or to make a
search for papers and for other effects

ARTICLE 129 SEARCH WARRANTS MALICIOUSLY OBTAINED

 Procuring a search warrant without just cause

o That the offender is a public officer or employee
o He or she procures a search warrant
o There is no just cause
 Exceeding his or her authority by using unnecessary severity in executing a search
warrant legally procured
o That the offender is a public officer or employee
o That he has legally procured a search warrant.
o That he exceeds his authority or uses unnecessary in executing the same.

ARTICLE 130 SEARCHING DOMICILE WITHOUT WITNESSES

 The offender is a public officer or employee

 He is armed with search warrant legally procured
 He searches the domicile, papers, or other belongings of any person
 The owner, or any member of his family, or two witnesses residing in the same locality are
not present

ARTICLE 131 PROHIBITION, INTERRRUPTION AND DISSOLUTION OF PEACEFUL

MEETINGS

Prohibiting or interrupting, without legal ground, the holding of peaceful meeting, or

dissolving the same
 Hindering any person from joining any lawful association or from attending any of its
meetings
 Prohibiting or hindering any person from addressing, either alone or together with others,
any petition to the authorities for the correction of abuses or redress of grievances
Common Elements:

 That the offender is a public officer

 That he performs any of the acts mentioned above

ARTICLE 132 INTERRUPTION OF RELIGIOUS WORSHIP

 That the offender is a public officer or employee

 That religious ceremonies or manifestations of any religion are about to take place or are
going on, and
 The offender prevents or disturbs the same

ARTICLE 133 OFFENDING RELIGIOUS FEELINGS

 That the acts complained of were performed

o In a place devoted to religious worship OR
o During the celebration of any religious ceremony
 That the acts must be notoriously offensive to the feelings of the faithful

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Revised Rules of Criminal Procedure
Rule 112, Section 6:

Rule 113, Section 5:

2. doctrines in the following:

Umil v. Ramos, 187 SCRA 311

Mere suspicion of being a Communist Party member or a subversive is absolutely not a
ground for the arrest without warrant of the suspect. The Court predicates the validity of the
questioned arrests without warrant in these petitions, not on mere unsubstantiated suspicion, but
on compliance with the conditions set forth in Section 5, Rule 113, Rules of Court, a long existing
law, and which, for stress, are probable cause and good faith of the arresting peace officers, and,
further, on the basis of, as the records show, the actual facts and circumstances supporting the
arrests.

People v. Burgos, 144 SCRA 1

Under Section 6(a) of Rule 113, the officer arresting a person who has just committed, is
committing, or is about to commit an offense must have personal knowledge of that fact. The
offense must also be committed in his presence or within his view.
In arrests without a warrant under Section 6(b), however, it is not enough that there is
reasonable ground to believe that the person to be arrested has committed a crime. A crime must
in fact or actually have been committed first. That a crime has actually been committed is an
essential precondition. It is not enough to suspect that a crime may have been committed. The fact
of the commission of the offense must be undisputed. The test of reasonable ground applies only
to the identity of the perpetrator.

Milo v. Salanga, 152 SCRA 113

A barangay captain is a public officer who can liable for the crime of Arbitrary Detention.
The public officers liable for Arbitrary Detention must be vested with authority to detain or order
the detention of persons accused of a crime.
One need not be a police officer to be chargeable with Arbitrary Detention. It is accepted
that other public officers like judges and mayors, who act with abuse of their functions, may be
guilty of this crime. A perusal of the powers and function vested in mayors would show that they
are similar to those of a barrio captain except that in the case of the latter, his territorial jurisdiction
is smaller. Having the same duty of maintaining peace and order, both must be and are given the
authority to detain or order detention.

3. elements in the offense of delay in delivery of detained persons: and EO 272; Rule
112, Sec. 7, RRCP; RA No. 7438;

DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL

AUTHORITIES
 The offender is a public officer or employee
 That he or she has detained a person for some legal ground
 That he or she fails to deliver such person to the proper judicial authorities within:
o 12 hours for light penalties or their equivalent
o 18 hours for correctional penalties or their equivalent
o 36 hours for afflictive penalties or their equivalent
Rule 112, Section 7 of RCCP
When accused lawfully arrested without warrant — When a person is lawfully arrested
without a warrant involving an offense which requires a preliminary investigation, the complaint
or information may be filed by a prosecutor without need of such investigation provided an inquest
has been conducted in accordance with existing rules. In the absence or unavailability of an inquest
prosecutor, the complaint may be filed by the offended party or a peace office directly with the
proper court on the basis of the affidavit of the offended party or arresting officer or person.

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 Before the complaint or information is filed, the person arrested may ask for a preliminary
investigation in accordance with this Rule, but he must sign a waiver of the provisions of Article
125 of the Revised Penal Code, as amended, in the presence of his counsel. Notwithstanding the
waiver, he may apply for bail and the investigation must be terminated within fifteen (15) days
from its inception.
After the filing of the complaint or information in court without a preliminary investigation,
the accused may, within five (5) days from the time he learns of its filing, ask for a preliminary
investigation with the same right to adduce evidence in his defense as provided in this Rule. (7a;
sec. 2, R.A. No. 7438)
RA No. 7438
Any arresting public officer or employee, or any investigating officer, who fails to inform
any person arrested, detained or under custodial investigation of his right to remain silent and to
have competent and independent counsel preferably of his own choice , shall suffer a fine of Six
thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not
more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be
imposed upon the investigating officer who has been previously convicted of a similar offense.

4. elements in the offense of search warrants maliciously obtained: and Rule 126, RRCP;

SEARCH WARRANTS MALICIOUSLY OBTAINED

 Procuring a search warrant without just cause

o That the offender is a public officer or employee
o He or she procures a search warrant
o There is no just cause
 Exceeding his or her authority by using unnecessary severity in executing a search
warrant legally procured
o That the offender is a public officer or employee
o That he has legally procured a search warrant.
o That he exceeds his authority or uses unnecessary in executing the same.
Rule 126 of RRCP

SEARCH WARRANT - is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.
A search warrant shall not issue except 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, and particularly describing the place to be
searched and the things to be seized which may be anywhere in the Philippines.
A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void.

5. doctrines in

Stonehill v. Diokno, 20 SCRA 383

No warrant shall be issued except if based upon probable cause determined personally by
the judge by the manner set in the provision and the warrant shall describe the things to be seized
with particularity.
Thus, the warrants authorized the search for and seizure of records pertaining to all
business transactions of petitioners herein, regardless of whether the transactions
were legal or illegal. The warrants sanctioned the seizure of all records of the petitioners and the
aforementioned corporations, whatever their nature, thus openly contravening the explicit
command of our Bill of Rights - that the things to be seized be particularly described — as well as
tending to defeat its major objective: the elimination of general warrants.

Burgos v. Chief of Staff, 133 SCRA 800;

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 In mandating that "no warrant shall issue except upon probable cause to be determined by
the judge, after examination under oath or affirmation of the complainant and the witnesses he
may produce,” the Constitution requires no less than personal knowledge by the complainant or
his witnesses of the facts upon which the issuance of a search warrant may be justified. The oath
required must refer to the truth of the facts within the personal knowledge of the petitioner or his
witnesses, because the purpose thereof is to convince the committing magistrate, not the individual
making the affidavit and seeking the issuance of the warrant, of the existence of probable cause.
Search warrants which lack particularity are void.

6. doctrines in these cases of “offending religious feelings:”

People v. Mandoriao, 51 OG 4619

A religious meeting is an “assemblage of people meeting for the purpose of performing
acts of adoration to the Supreme Being, or to perform religious services in recognition of God as
an object of worship
A public rally by itself conducted by a religious group is not religious ceremony.

People v. Baes, 68 Phil. 203

Whether or not the act complained of is offensive to the religious feelings of the Catholics,
is a question of fact which must be judged only according to the feelings of the religious
denomination (Catholics) and not those of other faithful ones, for it is possible that certain acts
may offend the feelings of those who profess a certain religion, while not otherwise offensive to
the feelings of those professing another faith.

People v. Tengson, 67 OG 1552

For an act to be notoriously offensive to religious feelings, it must be directed against a
religious practice for the purpose of ridicule. The offender mocks, scoffs, or attempts to damage
an object of religious veneration, and the act must be abusive, insulting, and obnoxious.

People v. Nanoy, 69 OG 8043.

For a person to be found guilty of offending religious feelings, there must be a finding
deliberate intent to hurt the feelings of the faithful.

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