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Adherence to the enemies – means that a citizen intellectually or Proposal to commit a felony is not also a crime except:
emotionally favors the enemy and harbors sympathies or convictions 1) Proposal to commit Treason
disloyal to his country’s policy or interest (Cramer vs. US - 65 SCRA 918). 2) Proposal to commit Rebellion, Coup d’etat or insu.
Adherence alone without aid and comfort does not constitute treason,
altho’ it may be inferred from the overt acts of treason committed (Pp. vs. Conspiracy must be proved by clear and convincing evidence.
Icaro- 89 Phil. 12; Pp. vs. Bernardino- 93 Phil. 640).
Penalty:
“ Aid and comfort” - means an act which strengthens or tends to strengthen Conspiracy to commit Treason – Prision Mayor and a fine not exceeding
the enemy of the government in the conduct of war against the govt. or an P10,000;
act which weakens or tends to weaken the power of the govt. or the Proposal to commit Treason – Prision Correccional and a fine not
country to resist or attack the enemies of the govt. or of the country. An act exceeding P5,000.
of giving aid and comfort partakes of a deed of physical activity as opposed
to mental operation and must be intentional. The amount or degree of said ARTICLE 116- MISPRISION OF TREASON
act or comfort given to the enemy as well as the gravity of the separate
and distinct acts of treason committed rather than the circumstances, It is the failure of the citizen to report as soon as possible a conspiracy,
aggravating or mitigating, attending its commission, determine the degree which comes to his knowledge, against the govt. But there must be a war
of the penalty to be imposed (Pp. vs. Cana- 87 Phil. 577). Mere in which the Phil. Govt. is a party.
expression of opinion does not constitute treason.
Elements:
Evidence required for the conviction in Treason: a) testimony of at least 1) Offender owes allegiance to the Phil. Govt.;
two witnesses of the same overt act; and b) confession of guilt in open 2) Filipino
court. 3) Has knowledge of a conspiracy to commit Treason against said govt.; &
4) Conceals or fails to disclose the same to the authorities in which he
As to adherence to enemy – does not need at least two witnesses. Such resides.
may be proved by the testimony of one witness or from the nature of the
act itself, or from the circumstances surrounding the act. The offender is a principal of the crime of Misprision of Treason, but he is
punished as an Accessory to the crime of Treason.
Overt acts of giving aid and comfort must be proved by the testimony of at
least two witnesses. Under Art. 20 relatives who are accessories are exempt from criminal
liability. Under this article, this exemption does not apply because of three (
As to confession – it must be done in open court. This excludes extra- 3 ) reasons:
judicial admission.
1) this Article is of special application, while Art.20 is of a gen. application.
Furnishing women to the enemy does not constitute treason because such 2) security of the state is more paramount than mere relationship; and
does not directly and materially tend to improve the war efforts of the 3) the offender commits the distinct crime of Misprision of Treason w/c is a
enemy (Pp. vs. Perez- 64 O.G 4886) . separate and distinct crime.
But joining the Japanese soldiers in arresting and torturing suspected Article 117-ESPIONAGE
guerrillas (Pp. vs. Santos- 87 Phil. 731); being an informer (Pp. vs. This crime is not conditioned by the citizenship of the offender and is an
Fernando – 79 Phil 719); or service in the Japanese Army (Pp. vs. Munoz, offense against national security.
et al.- 79 Phil. 102) – constitute the crime of Treason.
Elements of act no.1:
There is no such defense as suspended allegiance. 1) The offender without any authority enters a warship, fort, naval or
military establishment or reservation; and
Is there a complex crime of Treason with Murder – No, because such is the 2) He obtains information, plans, photographs, or other data of a
overt act of aid and comfort and is therefore inseparable from treason confidential nature relative to the defense of the Philippines.
itself, nor can it be considered a separate crime (Pp. vs. Hernandez – 52
O.G. 5506). Elements of act no. 2:
1) The offender is a public officer ;
Is Treason a continuous crime? – Yes – it may be committed by executing 2) He has in his possession article, data, or information which are
either singly or several intentional overt acts. All overt acts he had done or confidential relative to the defense of the Phil. Govt.;
might have been done for that purpose constitute a single offense (Guinto 3) He discloses their contents to a representative of a foreign nation.
vs. Veluz - - 44 O.G. 909).
In the first act, it is not necessary that the offender succeeds in obtaining
Treason is a war crime . It cannot be committed in time of peace. the data.
Treasonable acts may actually be committed during peace time, but there
are no traitors until war has started ( Laurel vs. Misa- supra). This provision is amended under CA 616 (seven acts ).
Treason may be committed in the Philippines or elsewhere. Distinguish Treason from Espionage:
1) Treason is a war crime; Espionage can be committed in time of peace or
Penalty - Filipino offenders – RP to Death or a fine not to exceed war;
ARTICLE 119 –Violation of Neutrality Meaning of vessels – Sec. 2 (b) of PD 532- any watercraft, such as banca
This is committed in time of war. or raft or fishing boats.
Offenders: any person In PD 532- piracy can be committed by a passenger or member of the
complement of said vessel in Phil. waters. However, under the
Elements: amendatory provision of RA 7659, it is specifically provided that the
1) There is a war in which the Philippines is not involved; offender is a” person who is not a member of its complement nor a
2) Competent authorities have issued regulations to enforce neutrality; and passenger of said vessel” – Being the latest amendment the latter should
3) The offender violates any of said regulations. prevail.
Penalty – Prision Correccional Piracy is committed whether the vessel is anchored or moving as long as it
is committed aboard the vessel, because it can now be committed in
Article 120 – CORRESPONDENCE WITH HOSTILE COUNTRY Philippine waters.
Offenders: any person
MUTINY – is an unlawful resistance to a superior officer as the raising of
Elements: commotions and disturbance on board a ship against the authority of its
1) That there is a war in which the Philippines is involved; commander.
2) That the offender shall have correspondence with an enemy country or
territory occupies by enemy troops; and Distinction between Piracy & Mutiny:
3) That said correspondence is: a) prohibited by the govt. ( Prision 1) P- attack from the vessel comes from the outside;
Correccional); b) carried on ciphers or conventional signs (Prision Mayor); M- attack are from the inside;
and c) notice or information be given thereby which might be useful to the 2) P- there is intent to gain;
enemy (Reclusion Temporal) or intended by the offender to aid the enemy M- intent to gain is immaterial
(Reclusion Temporal to Death).
Similarity – both are crimes under the Laws of the Nations.
If the act is intended to aid the enemy, this is treasonable in nature, hence
the penalty is severe as in Treason, but in proving it, the two-witness rule ARTICLE 123- QUALIFIED PIRACY –
does not apply. Modes of committing it:
1) Whenever the offenders have seized a vessel by boarding or firing upon
Article 121-Flight To Enemy’s Country the same;
Offenders: any person 2) Whenever the pirates have abandoned their victims without means of
saving themselves; or
Elements: 3) Whenever the crime is accompanied by murder, homicide, physical
1) Existence of war in which the Philippines is involved; injuries or rape.
2) Offender owes allegiance to the Philippines.;
3) He attempts to flee to enemy country which is prohibited. Is there a Qualified Mutiny? – Art. 123 – provides “ any of the crimes
referred to in the preceding article”. Hence, it embraces not only piracy but
Mere attempt to flee is punishable. also mutiny. So, there is such crime as Qualified Mutiny. However, as far
as Qualified Mutiny is concerned, only pars. 2 & 3 will apply, because the
This can be committed by a foreigner who owes temporary allegiance to offenders in par. 1 are outsiders.
the government.
The Murder, Homicide, Physical Injuries or Rape are special aggravating &
Penalty – Arresto Mayor as these accompanied the crime of Qualified Piracy/Mutiny- hence such
cannot make the crime complex.
Article 122 – PIRACY & MUTINY
Piracy – is robbery or forcible depredation in the high seas, without lawful ARTICLE 124- ARBITRARY DETENTION
authority and done animo furandi and in the spirit & intention of universal It is the deprivation by a public officer of the liberty of a person without any
hostility (People vs. Lol-lo- 43 Phil. 19). With the amendatory provisions of legal ground.
PD 532 & RA 7659 – Piracy & Mutiny now can be committed in Philippine
waters. Offenders: Public Officer or employee. He must be vested with the
authority to detain or order the detention of persons accused of a crime.
Offenders: Any person – who is not a passenger or crew of the vessel. Exs. Policemen & other agents of the law, judges or mayors. (if committed
by a private individual – Illegal Detention).
The offenders are strangers to the vessel. The attack against the vessel
comes from the outside but the seizure of the cargo takes place inside the But if a private individual conspired with public officers then they can be
vessel. Seizure may be committed by persons who smuggled themselves held liable for Arbitrary Detention.
into the vessel for that purpose. Since they are not members of the crew
Warrant of Arrest – is an order in writing issued in the name of the People Sanchez vs. Demetriou- 46 SCAD – en banc – application of actual force,
of the Phils., signed by a judge and directed to a peace officer, manual touching of the body, physical restraint or formal declaration of
commanding him to take into custody a person who may be bound to arrest is not required. It is enough that there is intent. Custodial
answer for the commission of a crime. investigation includes “invitation”.
Either: 1) actual restraint Rationale of Article 125- is intended to prevent any abuse resulting from
2) by his submission confining a person without informing him of his offense and without
permitting him to go on bail. Furthermore, it penalizes a public officer who
No violence or unnecessary force shall be used. shall detain a person for some legal grounds and shall fail to deliver the
said person to the proper court within the period prescribed by law.
Detention means deprivation or restraint of liberty.
In Art. 125, the detention becomes arbitrary only when the time required for
Article 125-Delay In The Delivery of Detained Persons the delivery of prisoner to the judicial authority lapses.
To The Proper Judicial Authorities-
The 12-18-36 hours do not run when the courts are not open to receive the
Offenders: Public Officer or employee complaint or information being filed.
In this felony, the detention is legal but the public officer failed to deliver the ARTICLE 126- DELAYING RELEASE
detained persons to the proper judicial authorities within the prescribed no. This article contemplates petitions for the release of a detained person,
of hours: 12 hours for crimes punishable with light penalties; 18 hours for e.g. habeas corpus proceeding. The same penalties provided for in Article
crimes punishable with correctional penalties and 36 hours for crimes 124 shall be imposed upon any public officer or employee who delays for
punishable with afflictive or capital penalties (EO 272). the period of time specified therein:
1) The performance of any judicial or executive order for the release of a
This is a felony by omission. prisoner or detention prisoner;
2) Unduly delays the service of the notice of such order to said prisoner; or
If a private individual conspires with the public official, then he can be held 3) Delays the proceedings upon the petition for the liberation of such
liable under this law (applying the Camerino doctrine by analogy). person.
Judicial Authority: - means the courts of justice, or judges of the courts Possible offenders – Warden, process server or judge.
vested with judicial power to order the temporary detention or confinement
of a person charged with having committed an offense. ARTICLE 127- EXPULSION
1) Offenders – Public officer/employee not authorized by law;
Delivery of a detained person consists in making a charge or filing a 2) Act: a) expel any person from the Phil. Island; or
complaint against the prisoner with the proper court. It does not mean the b) compel such person to change his address.
physical delivery of the prisoner. This is a crime against constitutional rights of abode and changing the
same under the Bill of Rights.
A detained person upon arrest should be informed of his rights under the 3) Penalty – Prision Correccional
Miranda Doctrine ( RA 7438).
Only the President of the Philippines in the exercise of his power of
Procedure: Sec. 7: Rule 112- Rules of Court: deportation and the courts after final judgment sentencing the accused to
destierro or as a condition in his probation are authorized by law to expel
When a person is lawfully arrested without a warrant involving an offense or compel persons to change their abode. A Filipino citizen is not subject to
which requires a preliminary investigation the complaint or information expulsion.
may be filed by a prosecutor without need of such investigation provided
an inquest has been conducted in accordance with existing rules. X x x x ARTICLE 128-VIOLATION OF DOMICILE
I) Offenders:
Before the complaint or information is filed, the person arrested may ask 1) Public officer
for a preliminary investigation, but he must sign a waiver of the provisions 2) Employee- who are not authorized by any judicial order.
of Art. 125 of the RPC, as amended, in the presence of his counsel. II) Acts:
Notwithstanding the waiver, he may apply for bail and the investigation a) enters any dwelling against the will of the owner;
must be terminated within 15 days from its inception. b) searches papers or other effects found therein without the previous
consent of the owner; and
If the filing of the complaint or information is done without preliminary c) having surreptitiously entered such dwelling, and being required to
investigation, the accused may, within 5 days from the time he learns of leave the premises, he refuses to do so.
the filing of the information or complaint, may ask for a preliminary
investigation with the same right to adduce evidence in his defense. The judicial order referred to is a Search Warrant- which is an order in
writing issued in the name of the People of the Philippines, signed by a
Against the will – presupposes opposition or prohibition, by the owner, An exception to the necessity of a search warrant – Warrantless search
whether express or implied( when the door is locked). and seizure:
1) search incident to a lawful arrest;
If the entry is committed by a private person – Qualified Trespass To 2) search of a moving vehicle
Dwelling. 3) consented search
4) search of evidence in plain view - come upon the object inadvertently &
Special aggravating circumstances: a) nighttime ; and b) if any papers or open to the eye;
effects not constituting a crime be not returned immediately after the 5) viol. of Tariff and Customs Code, except in dwelling place ( Pp. vs.
search. Lacerna- 86 SCAD 608)
6) search based on probable cause under extraordinary/exigent
When a person who admitted the public officer is one with sufficient circumstances-
discretion, the right to privacy is waived, hence, prohibition thereafter made
can no longer constitute violation of domicile. Permission once given Exigent circumstance- added by Justice Puno- catch all category-
cannot be recalled anymore. When he is admitted and he starts to search, Valmonte vs. Villa – 178 SCRA 211;Malmsted case; Tangliben.
the owner must stop him, otherwise permission is given.
Search in check point- between the inherent right of the State to protect
Reason behind the law: Section 2, Art. III- Constitution – The right of the its existence & promote public welfare & on indiv’s. right against
people to be secure against unreasonable searches and seizures of warrantless search – former shall prevail.
whatever nature for any purpose shall be inviolable.
7) Stop and frisk – Posadas vs. CA- l88 SCRA 288 & Valmonte vs. Villa
Article 129- Search Warrant Maliciously Obtained & Abuse In -178 SCRA 211- flagrante delicto.
THE SERVICE OF THOSE LEGALLY OBTAINED
1) Offenders: 1) Public officer ARTICLE 130- SEARCHING DOMICILE WITHOUT WITNESSES
2) Employee 1) Offender : Public officer/employee armed with search warrant
2) Acts: 2) Act: Search a domicile in the absence of :
a) procuring a search warrant without just cause; and a) person to be searched
b) exceeding the authority or using unnecessary severity in executing a b) member of his family
search warrant legally obtained. c) in their default, in the presence of two witnesses residing in the same
locality
Requisites for a Valid SW:
1) Application under oath; (sufficient age and discretion)- Sec. 8, Rule 126 Rev. Rules on Crim. Proc.
2) Probable cause which must be determined by the Judge himself, by
conducting searching questions and answers, in writing and under oath; Distinction between Warrant of Arrest and Search Warrant:
3) the probable cause must be in connection with one specific offense; 1) WA – a case is already filed
4) must particularly described the place to be searched and the persons SW – not necessarily
and things to be seized; 2) WA – served anytime of the day or night
5) the sworn statements and affidavits of the witnesses must be attached t SW – only during daytime (if served during nighttime- there must be a
the records (Prudente vs. Dayrit- l989) supporting affidavit of urgency;
3) WA – persons
The commission of any of these acts is independent of the liability for the SW – usually for things/items
commission of any other offenses: 1) Abuse in the service of SW; 2) 4) WA – no lifetime (exc. when already served)
Serious Physical Injuries (not complex crime- 2 crimes – 2 sep. penalties) SW – valid only for 10 days
Penalty – AM max to PC min. + a fine not exceeding P1,000 ARTICLE 131 – PROHIBITION, INTERRUPTION & DISSOLUTION OF
PEACEFUL MEETINGS (PID)
Application will be filed : l) Offenders:
1) any court within whose territorial jurisdiction a crime is committed; 1) Public officers
2) for compelling reasons, any court within the judicial region where the 2) employees
crime was committed if the place of the commission of the crime is known,
or any court within the judicial region where the warrant shall be enforced; ll) Acts:
(But if a criminal action has already been filed, then the application shall be 1) without legal grounds, shall prohibit or interrupt the holding of a
filed only in the court where the criminal action is pending)- Sec. 2 – Rule peaceful meeting or dissolve the same;
126 – Revised Rules on Criminal Procedure as amended under Adm.
Circular no. 13, Oct. 1, l985 and Adm. Circular no. 19, August 4, l987. Elems:
1) meeting is peaceful- if not- official is duty bound to dissolve the
Sec. 5- Ibid- The judge must personally examine the applicant in the form same;
of searching questions and answer, in writing and under oath. 2) for legal purpose – otherwise – Art. 146 is committed- (Illegal
Assembly)
Under oath – can be liable of Perjury. 3) officer is not a member thereof (stranger) – If not stranger – Art.
287- Unjust Vexation
Probable cause - such reasons supported by facts and circs. w/c will If the meeting is legislative - - Art. 144- Pp. vs. Alipit – 44 Phil. 910
warrant a cautious man to believe that his actions and the means used are 4) disturbs the same.
just and proper (Manalili vs. CA- 280 SCRA)
The right of the govt. to require permit for regulatory purposes has
Personal property to be seized: been upheld by the Supreme Court. The regulatory purpose covers
1) subject of the offense the time and place where the assembly is to be held to safeguard
2) stolen or embezzled and other proceeds or fruits of the offense; the right of the public & protect them from inconvenience- Reyes vs.
3) used or intended to be used in the commission of the crime. Bagatsing – 125 SCRA & Tanada vs. Bagatsing – Aug. 1984.
Specific place – no discretion for the searching officers, to avoid Meetings held by religious sect – not religious ceremonies – if
unreasonable. search and seizure dissolved – Art. 131 is violated and not Art. 132- Pp.
The true test of sufficiency of an affidavit to warrant issuance of a search The requiring of a permit shall only be regulatory – not to prevent
warrant is whether it has been drawn in such manner that perjury could be peaceful assemblies. The Mayors possess reasonable discretion to
If in the beginning the assembly is peaceful, then later the If the acts of killing are not shown to be with political end or political order-
participants became unruly – commit the crimes- Inciting to Sedition not Rebellion:- Off. Of the Prov. Pros. vs. CA- Dec. 2000; Pp. vs. Ompad-
– meeting now can be dissolved . Permit is not a license to commit a 233 SCRA – l994
crime.
Baylosis vs. Chavez- 202 SCRA l99- pub. Prosecutor has the choice/
Two criteria: discretion to choose what crime to file.
1) Dangerous Tendency Rule – applicable during time of national
unrest- e.g. prevent coups; No complex crime of Rebellion with Murder, Arson, Robbery or other
2) Clear & Present Danger Rule – applicable in time of peace; serious crimes, committed as a means to or a furtherance of the rebellion –
stricter rule. Enrile vs. Salazar- 186 SCRA – l990.
2) Shall hinder any person from joining any lawful association or from
attending any of its meetings; ARTICLE 134-A- COUP D’TAT-
3) Shall prohibit or hinder any person from addressing any petition to the I) Elements:
authorities for correction of abuses or redress of grievance. (no subservion a) swift attack accompanied w/ violence, intimidation, threat, strategy or
law – RA 7736 – repealed RA 1700 – l992) stealth;
b) directed against military camp/installations, communications, public
ARTICLE 132 – INTERRUPTION OF RELIGIOUS WORSHIP utilities/ facilities;
I) Offenders: 1) Public officers
2) employees II) Offenders: Any person or persons belonging to the military, police or
II) Acts: public officer w/ or w/o civilian support.
1) Prevent religious ceremonies III) Purpose – seize or diminish state powers.
2) Disturbing the ceremonies or manifestation of any religion
III) Penalty – PC- min period, w/ threats /violence – PC max Distinction between R & C:
1) Essence of the crime
Pp. vs. Mojica – Dec. 29, l955 – Priest was prevented from saying the R- rising publicly & taking up arms against the govt.
mass C- swift attack against govt./ mil. institutions, communication facilities, pub.
Utilities essential in the exercise of govt. powers;
Included in the religious services – activities in the house w/ 20 to 30
people ( prayer meetings – Couples for Christ). This refers to exercise of 2) No. of offenders:
religious manifestation – not quasi-religious ceremonies- house blessings. R- involves multitude of people
C- committed singly or collectively
ARTICLE 133- OFFENDING RELIGIOUS FEELING
I) Offenders: 3) Offenders:
1) Public officer/employee; R- perpetrated by any person (doesn’t require to be mil., police AFP or
2) private individuals – this is the only crime against the Fundamental public officer;
Laws of the State that can be committed by a private individual. C- principal offenders are members of AFP, PNP or public officers w/ or
II) Acts: w/o civilian support;
1) Notoriously offensive to feelings of the faithful- Pp. vs. Baes – 68
Phil. 203- (ridicule rel. dogma) 4) Purpose:
2) performed in a place devoted to religious worship or during the of a R- overthrow the govt.
religious ceremony. – Baes cs. – causing a funeral held in accordance with C- destabilizing or immobilizing or paralyze the existing govt. & taking over
the rites of a rel. sect to pass through the catholic church. I.e. stoning a some facilities which are needed for the exercise of govt. powers;
minister while in the act of preaching.
5) How committed:
Whether the act is offensive notoriously – is to be judged by the feelings of R- through force & violence
the followers and not by the offenders. C- not only through force or violence but also threats, intimidation, strategy
or stealth;
Other acts may only consist: Unjust Vexation
Utility workers cannot commit coup d’tat.
– accused played dance music when the Catholics were about to pray the
rosary. Article 135- Penalty for Reb., Ins. or Coup d’tat-
– drunk person entered w/ uplifted hands while the congregation of the Article 136: Conspiracy and Proposal to commit coup d’tat, rebellion
Assembly of God was having its afternoon session and then grabbed the or insurrection
song leader- Unjust Vexation. Art. 137: Disloyalty of Public Officers or Employees (By failing to
resist a rebellion or continuing to discharge the functions of their
ARTICLE 134- REBELLION OR INSURRECTION office)
I) Offenders: Any person:
a) Leader – who promotes, maintains or leads the rebellion. If unknown, ARTICLE 137:INCITING TO REBELLION OR INSURRECTION-
spokesman, signatories of docs.- can be punished as leaders. Pen. – Offender: Any person
Reclusion Perpetua Elements:
b) followers - Reclusion Temporal 1) Offender must not take up arms or is not in open hostility against the
II) Acts: govt.;
1) Remove from the allegiance of the government or its laws, or Phil. 2) Incite other to commit rebellion or insurrection;
Territory or any part thereof; 3) means employed are speeches, writings, emblems, or any similar
2) Deprive the chief executive or legislative, wholly or partially of any of means.
their powers.
III) Elements: The purpose of the meeting is always illegal as it is held to incite persons
1)public uprising (rising publicly) to commit rebellion.
2) taking up arms
ARTICLE 138: SEDITION:
Purpose: to overthrow the duly constituted authority in order to establish Offender:
another form of government. 1)Any person
Murder is not an object of Sedition. So, if the accused fired upon a truck The accused may also be punished for contempt (Lopez vs. De Los
killing several persons, including two policemen, it not being shown that the Reyes-55 Phil. 170).
purpose was to prevent the policemen from performing their functions or to
inflict an act of hate or revenge upon their persons, Sedition is not ARTICLE 145: VIOLATION OF PARLIAMENTARY IMMUNITY:
committed, but Multiple Murder (Pp. vs. Mendoza – L-1271-May 5, l950). Acts punished:
1) Using force, intimidation, threats or fraud to prevent any member of
When disorderly conduct occurs during a rally, will it bring about the crime Congress from: a) attending any of its committees; b) expressing his
of Sedition? Such instances of disorderly conduct by individual members of opinions; or c) casting his votes;
the crowd should not be seized as an excuse to characterize the assembly 2) Arresting or searching any member thereof while Congress is in regular
as a seditious and tumultuous uprising against the authorities and render or special session except in case such member has committed a crime
illusory the right to peaceably assembly. It is rather to be expected that punishable under this Code by a penalty higher than Prision Mayor.
more or less disorder will mark the public assembly of the people to protest
against grievances whether real or imaginary, because on such occasion, Offender: Any person or public officer. Parliamentary immunity does not
feeling is always wrought to a high pitch of excitement, and the greater the mean exemption from criminal liability except from a crime that may arise
grievance and the more intense the feeling, the less perfect, as a rule, will from any speech that the member of congress may deliver on the floor
the disciplinary control of the leaders over the irresponsible followers. But if during a regular or special session.
the prosecution be permitted to seize upon every instance of disorderly
conduct by individual members of a crowd as an excuse to characterize ARTICLE 146- ILLEGAL ASSEMBLIES
the assembly as a seditious and tumultuous uprising , then the right to Meeting- a gathering or group, whether in a fixed place or moving.
assembly and to petition for redress of grievances would become a
delusion and snare the attempt to exercise it on the most righteous Kinds of Illegal Assemblies:
occasion and in the most peaceful manner would expose all those who 1) A meeting attended by armed person for the purpose of committing any
took part therein to the severest and most unmerited punishment, if the of the crimes punishable under this Code;
purposes which they have sought to attain did not happen to be pleasing to 2) A meeting in which the audience is incited to the commission of the
the prosecuting authorities (Dissenting Opinion of Justice Teehankee, crimes of Treason, Rebellion or Insurrection, Sedition or Assault upon a
citing U.S. vs. Apurado in Reyes vs. Bagatsing, Nov. l983). person in authority or his agent.
There is no complex crime of Sedition w/ Murder nor is Murder absorbed in Persons liable:
Sedition. Sedition & Murder are two separate crimes (Pp. vs. Kamlon- 9 1) Organizers or leaders; and
SCRA 252). 2) Those merely attending.
Distinctions between Rebellion & Sedition: Penalties: Organizers or Leaders – PC in its max. per. to PM in its med.
1) Purpose: per.
R- overthrow the duly constituted govt.;
S- maybe political or social for carrying out protest or disobedience from a Those merely attending- Arresto Mayor, except if they are armed - PC
govt. action and not for the purpose of overthrowing the govt.
When a person carries unlicensed firearm in said meeting, it shall be
2) R-use of firearm is essential. It is an ingredient.; presumed that: a) he is the leader; b) purpose is to commit acts
S- Use of firearm is not an essential ingredient. (However in RA 8294, punishable under this Code.
Sedition is included among the crimes which absorb the use of unlicensed
firearm as an element thereof); ARTICLE 147- ILLEGAL ASSOCIATIONS
Kinds of Illegal Associations:
3) The offender cannot be prosecuted for Illegal Possession of Firearms 1) Those totally or partially organized for the purpose of committing any
because this is absorbed in the crime of Rebellion; crimes punishable under the Code;
S- Now – offenders can no longer be prosecuted for Illegal Possession of 2) Those totally or partially organized for some purpose contrary to public
Firearms bec. of RA 8294. morals.
Exs.1) Shouting that the head of the governor be cut off (Pp. vs. Perez- Persons liable: a) Founders, Directors or President; b) Members.
supra)
2) Inciting the constabulary to use their weapons against their commanders “Public Morals” refer to acts that affect the interest of society and public
(Pp vs. Feleo – 59 Phil. 451) convenience. It is not confined to limited concept of “good customs” and
covers a system of judicial precepts founded on human nature that
ARTICLE 153- TUMULTS & OTHER DISTURBANCES OF PUBLIC Pen.- AMe or a fine not exceeding P200
ORDERS:
Kinds: ARTICLE 156-DELIVERY OF PRISONER FROM JAIL-
1) Causing serious disturbance in a public place, office or establishment; Elems:
2) interrupting or disturbing public performances, functions, gatherings or 1) Offender is a private individual;
peaceful meetings, provided the act is not included in Arts. 131 & 132; 2) He removes a person confined in jail or a penal institution or helps in the
3) making any outcry tending to incite rebellion or sedition in any meeting, escape of such person; and
association or place; 3) The means employed are violence, intimidation, bribery or any other
4) displaying placards or emblems which provoke a disturbance of public means.
order;
5) burying w/ pomp the body of a person who has been legally executed. Offender- is an outsider to the jail, because if he is a public officer or a
private person who has the custody of the prisoner and who helps a
Qualifying circumstance in nos. 1 & 2 – when committed by more then 3 prisoner under his custody to escape, Arts. 223 & 225 will apply,
armed persons (at least 4 or provided w/ means of violence such as respectively.
stones, sticks, etc. in which case, the crime is denominated tumultuous
disturbance. Prisoner – detention prisoner or one sentenced by virtue of a final
judgment.
Public Disturbance- is a serious disturbance in a place where performance
of public function is being held, if the disturbance is not covered by Arts. If the person who escapes is serving sentence by virtue of final judgment,
131 & 132 (if the disturbance is not serious- Alarms and Scandals under he commits Evasion of Service of Sentence (Art. 157).
Art. 155).
A detention prisoner is not liable for evasion.
Art. 153 is distinguished from Inciting to Rebellion or Sedition – in the
former, the outburst which by nature may tend to incite rebellion or sedition If the said prisoner cooperates in his removal or escapes by acts without
are spontaneous and the meeting at the outset was legal and became a which the removal or escape would not be realized, he is liable as a co-
public disorder only because of such outcry; while in the latter, the meeting principal under Art. 156.
Pen- AMa in its max. per. to PC in its min, per. Violation of conditional pardon is an evasion of service of sentence
AMa- if other means are used. because when the prisoner accepted the condition, no matter how
onerous, he must respect the condition. Otherwise, he is deemed to have
If the escape is done by taking the guards by surprise- AMa- min. per. accepted the conditional pardon only to get out of prison or otherwise be
relieved of the penalty.
Three (3) kinds of Evasion of Service of Sentence: Arts. 157, 158 and 159. Conditional pardon is a contract between the Chief Executive and the
convict. It is not perfected unless accepted.
ARTICLE 157- EVASION OF SERVICE OF SENTENCE-
Elems: Violation of conditional pardon is not a public offense in the strict sense of
1) Offender is a prisoner serving sentence involving deprivation of liberty the word, for it does not cause harm or injury to the right of other persons
by reason of final judgment; nor it disturb the public order. While evasion of service of sentence is a
2) He evades the service of his sentence during his term of imprisonment. public offense (Alvarez vs. Dir. of Prisons- 80 Phil. 43).
This is simply known as “Jail-breaking”. Art. 159 defines a distinct and substantive felony. The convict who is
regarded as having violated the provision thereof must be charged,
Pen- PC in its med. & max. periods. prosecuted and convicted by final judgment before he can be made to
suffer the penalty prescribed in said article (Torres vs. Gonzales- July 23,
The felony is qualified: when the evasion takes place by: a) breaking l987).
doors, windows, gates, floors, walls or roofs; b) using picklocks, false keys,
disguise, deceit, violence, intimidation, or ARTICLE 160- QUASI-RECIDIVISM- Commission of another crime
during service of penalty imposed for another offense.
c) connivance with other convicts or employees of the penal institution. Elems.:
Imprisonment includes destierro- so if the prisoner enters the prohibited 1) Offender is convicted by final judgment of a felony or an offense; and
place, he commits evasion (Pp. vs. Abilong- 82 Phil. 172). 2) He commits another felony before beginning to serve such sentence or
while serving the sentence.
Evasion of Service of Sentence- is a continuing offense which may be
prosecuted in any place where the offender may be found (Parulan vs. Art. 160 applies although the next offense is different in character from the
Director of Prisons- L- 28519). first offense for which the defendant is serving sentence (Pp. vs. Yabut-58
Phil. 499), and it makes no difference whether the crime for which an
If an alien is deported after having been found guilty of committing an accused is serving the sentence at the time of the commission of the
offense and who returns to the Phils. in violation of the term of sentence, offense charged falls under the RPC or under SPL. The second offense,
evasion of sentence is not committed because in deportation one is not however, must be a felony punished under the RPC.
sentenced to an imprisonment term and breaks jail (Pp. vs. Lo Hee-36 Phil
867). The severe penalty imposed on quasi-recidivism is justified because of his
perversity and incorrigibility (Pp. vs. Peralta, et al.-Oct. 29, l968). If a
ARTICLE 158- EVASION OF SERVICE OF SENTENCE ON THE person is convicted of a crime committed while serving sentence of a
OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, previous crime, he shall be sentenced to the maximum of the penalty
OR OTHER CALAMITIES. prescribed b law without regard to the presence or absence of mitigating or
Elems: aggravating circumstances or the complete absence thereof (Pp. vs.
1) Offender is a prisoner serving sentence and is confined in a penal Bautista- July 25, l976).
institution;
2) He evades his sentence by leaving the penal institution; When the quasi-recidivist reaches the age of 70, he may be pardoned
3) He escapes on the occasion of a disorder due to conflagration, unless he is a habitual delinquent.
earthquake, explosion, or similar catastrophe or mutiny of which he has not Quasi-recidivism- is a special aggravating circumstance and cannot be
participated; offset by any mitigating circumstance (Pp. vs. Aling- 96 SCRA 472 & Pp.
4) He fails to give himself up to the authorities w/n 48 hours following the vs. Tampas- 96 SCRA 624).
issuance of a proclamation by the chief Executive regarding the passing
away of the calamity. Crimes Against Public Interest
Under the principle of “ejusdem generis” – only circumstance of similar Article 161- Counterfeiting the great seal of the Govt. of the PI, forging
nature will apply. Mutiny/riots are not included. the signature of the Chief Executive (not Falsification).
Evasion lies in the failure to return, not in leaving the penal establishment
because leaving the penal institution is encouraged in cases of disorders. Article 162- Using forged signature or counterfeit seal or stamps.
This is shown by the fact that there is premium for those who leave and
thereafter return after the disorder ceases. Thus: Article 163- Making and Importing and uttering false coins (pen.
1) Leaving without returning within the time period prescribed – 1/5 depends upon whether the coin is gold or silver or ten-centavo
addition to the remaining sentence which should not be more than 6 denomination, or of minor coinage or that of the foreign country).
mos., that is: 1/5 of the balance of the sentence or 6 mos. whichever is
lesser; Art. 163 does not require that the coins counterfeited be of legal tender or
2) not leaving- no deduction; pen. as is. even if the coins are withdrawn from circulation. Reason: It is not alone the
3) leaving and thereafter returning within the time period prescribed- 1/5 harm caused to the public by the fact that it may go into circulation but the
Counterfeiting- to imitate a coin that is genuine. The criterion is that the KINDS OF DOCUMENTS
imitation must be such as to deceive an ordinary person in believing it to 1) Public document – any instrument notarized by a notary public or
be genuine. If the imitation is so imperfect that no one may be deceived, competent public official with the solemnities required by law ( Cancio vs.
the felony cannot be consummated. Baens- 5 Phil. 742); or one that has become part of public record.
Examples: Deed of Sale; Deed of Mortgage; Official Receipt, Cash book,
Importing- to bring into the port even before the coins are entered in the Residence Certificates, Resolutions and Decisions of DOJ, Ombudsman &
Customs Office. Judges.
Uttering of coins- to circulate, to pass on. 2) Official document – any instrument issued by the government or its
agents or its officers having the authority to do so and the offices, which in
Article 164- Mutilation of Coins accordance with their creation, they are authorized to issue. The officers
Mutilation – is to diminish by ingenious means the metal in the coins. The must issue the document in the performance of their duties.
coins in this case must be of legal tender. The offender takes advantage of Examples: Resolutions, decisions of DOJ, Omb. and Judges, Register of
the metal he abstracted. Attys.
Article 165- Selling of false or mutilated coins, without connivance 3) Private document – every deed or instrument executed by a private
This penalizes possession of false coins w/ intent to utter. person without the intervention of a notary public or of any other person
legally authorized, by which document some disposition or agreement is
RA 427- which punishes possession of silver or nickel coins in excess of proved, evidenced or set forth. Exs. Promissory notes.
P50.00 (Mala Prohibita). It is a measure of national policy to protect the
people in general and particularly the poorer class, from the conspiracy of 4) Commercial document- any instrument executed in accordance with the
those hoarding silver or nickel coins and to preserve and maintain stability. Code of Commerce or any mercantile law containing disposition of
commercial rights or obligations.
Article 166- Forging Treasury or Bank Notes, Obligations and
Securities; Importing & Uttering False or Forged Notes, Obligations Exs.- Bill of Exchange, Letters of Credit, Checks, Quedans, Airway Bills.
and Securities.
Acts punished- forging treasury notes, bank notes and certificates or other Writings which do not constitute documents:
obligations and securities ( certificates of deposits, bills, checks, 1) Draft of a municipal payroll, which is not yet approved – Pp. vs.
sweepstakes ticket and lotto). Camacho-44 Phil. 888.
2) Mere blank forms of official documents (Pp. vs. Santiago- 48 O.G.
Forging bank check now – Falsification of Commercial Document. 455580).
3) Pamphlets or books (Pp. vs. Agnis-47 Phil. 945).
Article 167- Counterfeiting, Importing, & Uttering Instruments Payable 4) Invoices or cash disbursement vouchers.
to Bearer.
When may a private document become a public or official doc.? When it
Article 168- Illegal Possesison and Use of False Treasury or Bank becomes a part of the public or official records, it partakes of the
Notes and Other Instruments of Credit nature of a public or official document. So, if the falsification is
Possession of false treasury or bank notes alone without intent to use it is committed on such document, that is, when it is already part of the
not a criminal offense. public record, the crime is Falsification of Public of Official
Document. But if the falsification is committed before such document
Inebriation- circ. which may indicate lack of awareness of the false became part of the public or official record, the crime is Falsification
character of a bill or note, for he is hardly to be expected to have the of a Private Document (U.S. vs. Nieto- 6 Phil. 582).However, if such
presence of mind to scrutinize every bill that is passed to him. private document is intended to become a part of the public record,
even though falsified prior thereto, Falsification of a Public Document
ARTICLE 169- How forgery is committed is committed. Ex. The civil service examination paper before it
1) By giving a treasury or bank note or any instrument payable to bearer or becomes a part of the files of the Civil Service is a private document.
to order mentioned therein, the appearance of a true and genuine If falsified then, the crime is Falsification of a Public Document.
document.
2) By erasing, substituting, counterfeiting, or altering by any means the Is falsification committed if the document is simulated? Yes, falsification
figures, letters, words, or signs contained therein. may be committed even if the public document is simulated or is not in the
official form.
The subject of the forgery should be treasury or bank notes. If the subject
of a forgery were a document other than these, the crime would be Falsification by Omission – The accused, a bookkeeper at an army post
falsification. exchange, who deliberately falsified the ledger by not recording in his own
personal account the chits for articles
ARTICLE 170- FALSIFICATION OF LEGISLATIVE DOCUMENTS
committed by any person who, without proper authority therefor alters any Bought by him from the store of Post Exchange commits falsification by
bill, resolution, or ordinance enacted or approved or pending approval by omission (Pp. vs. Dizon- 47 Phil. 350).
either House of the Legislature or any provincial board or municipal
council. FALSIFICATION THROUGH RECKLESS IMPRUDENCE- The failure of
the accused, a notary public, to ascertain the identities of the supposed
Offender – any person. Must not be a public official entrusted with the applicants, in relation to the applications presented to him for ratification,
custody of the documents, otherwise Art. 171 will apply. The alteration and to verify whether they were really owners of the Residence Certificates
must have the effect of changing the meaning of the document. exhibited to him, and relying completely upon the assurances of his co-
accused, constitute reckless imprudence, pure and simple (Pp. vs.
PD 247- punishes any person who willfully defaces, mutilates, tears, burns Compra- G.R. No. L-20683). But there can be no falsification of a private
or destroys, in any manner whatsoever, currency notes or coins. Penalty- document through reckless imprudence as that will be inconsistent with the
Fine of not more than P20T &/or imprisonment of not more than 5 years. element of intent to cause damage in said crime.
Signatures appearing therein are not that of Juan and Pedro as both are Falsification by omission- where it appears that the accused in filing an
already dead. application for patrolman’s exam. stated under oath that he was never
convicted for any violation of the law, which was false (Pp. vs. Cruz- May
Acts- Counterfeiting/feigning the signatures & causing it appear that these 25, l960).
persons participated in an act, when in fact they did not.
Any alteration done to correct a wrong entry is not falsification- changing
Crimes committed- the age from 24 to 34.
-If the money was already with the mayor and the act of falsification was
used to hide the misappropriation of the public funds – two crimes: Punzalan vs. COMELEC- 289 SCRA, April l998- handwriting expert not
Malversation of Public of Public Funds and Falsification of Public/Official binding upon the cts. While handwriting experts are usually helpful in the
Document. examination of forged documents because of the technical procedure,
resort to them is not mandatory nor indispensable (Heirs of Severa
If the falsification of the payroll was a means to be able to get the money, P.Gregorio vs. CA- 300 SCRA, Dec. l998). The Judge must conduct its
then this is a complex crime of Malversation Public Funds Thru own independent examination to determine its authenticity.
Falsification of Public/Official Document.
Falsification/forgery cannot be presumed. It must be proven by clear,
2) Land Bank of the Phils. Check (LBP)-Jacqueline Lim cs.: positive and convincing evidence. The burden of proof lies in the party
Original entries of the check is for alleging forgery (Joven vs. Carungin- June 2002).
P 2,000, then changed this to P 22,000.
3,000, to P 33,000 – Total loss – P6M. There is such thing as Estafa thru Falsification of Public Document if the
Acts-no. 3,4 & 6 money involved is privately owned (but no such crime if the document is
Crime: Malversation of Public Funds Thru Falsification of a Commercial private). Because there is no complex crime of Estafa Thru Falsification of
Document. a
Layug vs. Sandiganbayan- l32 SCAD August 2000- Acc. filled up his DTR 2) Second group:
despite the fact that he has no work because he was detailed in another Offenders: Public Officers
office of which he is contesting. Acts: issue false Certificates of Service, good conduct or similar
circumstances (intent of gain is immaterial).
ART. 172-Falsification by Private Individual & Use of Falsified Doc. Penalty for nos. 1 & 2- Arresto Mayor max. to Prision Correccional in its
Acts punished: minimum period and a Fine not to exceed P1,000.
1) Falsification of any public or official or commercial document by a private
individual; 3) Third group:
2) Falsification of a private document; and Offenders: private persons
3) Use of such falsified document. Acts: issue false certificates.
Penalty – Arresto Mayor
A) Falsification of a public or official or commercial document by a private
individual. Refers only to Acts 1 to 6. Article 175-Using False Certificates
1) Offender- any person
Falsification of a Deed of Sale by a private individual, by inserting in the 2) Acts –
genuine deed two other parcels of land. What was sold was only one a) Uses the medical certificates, cert. of service, etc.
parcel, but the vendee inserted the two other parcels (Riveral case). b) knowing it to be false.
Pp. vs. Ho Tee Piu- signing fictitious name in his passport. The penalty depends upon the sentence imposed upon the accused in the
criminal case where the false testimony was given except in
True name – one which appears in the Birth Certificate.
The case of a judgment of acquittal.
Pen- AMayor & a fine not exceeding P500
Penalties:
B) CONCEALING TRUE NAME- 1) Reclusion Temporal – if the defendant in said case shall have been
sentenced to Death;
Elements: 2) Prision Mayor - if the defendant shall have been sentenced to Reclusion
i) offender conceals his true name & other personal circumstances; and Temporal or Reclusion Perpetua;
ii) the purpose is to conceal his identity. 3) Prision Correccional plus a fine not exceeding P1,000 - if the defendant
shall have been sentenced to any other afflictive pen.
In our jurisdiction, concealment is not only for his true name but also the 4) Arresto Mayor plus a Fine not exceeding P1,000 - if the defendant shall
other personal circumstances. have been sentenced to a correctional penalty or a fine, or shall have been
acquitted.
Pen- AMenor or a fine not exceeding P200
Art. 180 does not prescribe a penalty where the defendant in a criminal
Commonwealth Act No. 142- Regulate the use of Aliases: except as case is sentenced to a light penalty. False Testimony in this instance
pseudonym for literary, cinema, television, radio or other entertainment cannot be punished considering that a penal law is to be strictly construed.
purposes and in athletic events where the use of a pseudonym is a
normally accepted practice, no person shall use any name different from Article 181- False Testimony Favorable To The Defendant
the one which was registered in the office of the local civil registrar. Intent to favor the accused is essential in this kind of false testimony. It is
not also necessary that the false testimony given should directly influence
Rivera vs. Intermediate Appellate Court- 132 SCRA 478- a common-law the decision of acquittal.
wife does not incur criminal liability under CA 142 if she uses the family
name of the man she has been living with for almost 20 years, introduced The penalty provided under this article is less than that which is provided
by him to the public as his wife and she assumed that role and his name under Art. 180 because there is no danger to the life or liberty of the
without any sinister motive or personal material gain in mind. She applied defendant. Independent evidence of falsity is not required for conviction.
for the benefits upon his death not for herself but for their son of tender age
who was under her guardianship. Penalty- Arresto Mayor in its maximum period to Prision Correccional in its
minimum period and a Fine not to exceed P1,000 if the prosecution is for a
Pen- Imprisonment from 1 to 5 yrs. & a fine from P5,000 to P10,000 felony punishable by an afflictive penalty, and the penalty of Arresto Mayor
in any other case.
Article 179- Illegal Use of Uniforms or Insignia
1) Offender- any person Article 182- False Testimony in Civil Cases
2) Elements: Elements:
i) offender publicly makes use of insignia, uniform or dress; and 1) the testimony must be given in a civil case;
ii) the insignia, uniform or dress pertains to an office not held by the 2) the testimony must relate to the issues presented in said case;
offender or pertains to a class of persons of which the offender is not a 3) the testimony must be false;
member. 4) the false testimony must be given by the defendant knowing the
Elements:
1) Statement or affidavit upon material matter made under oath;
2) Before a competent officer authorized to receive and administer such
oath;
3) Willful and deliberate assertion of falsehood by the offender;
4) The sworn statement containing the falsity is required by law (Pp. vs.
Bautista- 40 O.G. 2491).
Material matter- means the main fact which is the subject of the inquiry, or
any circumstance which tends to prove the fact, or any fact or
circumstance which tends to corroborate or strengthen the testimony
relative to the subject of the inquiry, or which legitimately affects the credit
of any witness who testified (U.S. vs. Estrana- 16 Phil. 520).
The word “material” is not limited to testimony bearing directly on the issue
but includes collateral matter.
“Collateral” – testimony which although not direct proof upon the issues,
yet has substantial bearing on the testimony relating to the issues.
The test is not whether the evidence was properly to be admitted but
whether if admitted it could properly influence the result of the trial.
“ When the law so requires” does not mean that the sworn statement or
affidavit must be required by law. The word “requires” is merely permissive,
not mandatory. Reasonably interpreted, it means “ in cases in which the
law so authorizes”. (Pp. vs. Angangco- G.R. No. 47693).
Where the defendant executed an affidavit stating that he lost his driver’s
license by virtue of which he was able to secure a new one, when in truth
and in fact his driver’s license was confiscated by the authorities, it was
held that