CRIMINAL LAW II Mae Vallada, 1-D REVISED PENAL CODE, BOOK II PROVISIONS Title 1: Crimes Against National Security

and the Law of Nations People v. Adriano ARTICLE 114: Treason

DEF: Breach of allegiance to a government, committed by a person who owes allegiance to it. NATURE: violation by the subject of his allegiance to his sovereign or to the supreme authority of the State. Phil law on treason is of Anglo-American origin.

Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed 100,000 pesos.
Citizenship may be proved by: [a] Prison record, sets out his personal circumstance identified as having been filled out by the accused himself [b] By testimony of witnesses who know the accused to have been born in the Phils. of Filipino parents. Treason is a war crime measure of self-defense and self-preservation, emergency measure; treasonable acts may be perpetrated during peace time, but there are no traitors until ware has started.

Laurel v. Misa (J. Perfecto, concurring)

No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court.

Cannot be proved by: [a] circumstantial evidence OR [b] extrajudicial confession of the accused WAYS OF PROVING TREASON: (1) Testimony of at least two witnesses to the same overt act overt act, not necessary to prove adherence (2) Confession of the accused in open court 2 witness rule is severely restrictive = each witness must testify to the whole act or if separable acts, there must be two witnesses to each part of the overt act.

People v. Adriano

Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this article shall be punished by reclusion temporal to death and shall pay a fine not to exceed 100,000 pesos.

ELEMENTS: (1) Offender is a Filipino citizen or an alien residing in the Philippines (2) There is a WAR in which the Philippines is involved (3) That the offender either: [a] Levies war on the Government or [b] Adheres to the enemies, giving them aid or comfort Levies war --- requires concurrence of: [1] Actual assembling of men [2] Purpose of executing a treasonable design or force. --- must be in collaboration with a foreign enemy; if merely a civil uprising, then it is not treason War - must be directed to overthrow a government Adheres to the enemies --- requires the concurrence of: [1] Adherence [2] Giving aid or comfort --- means intent to betray; a citizen is intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his countrys policy or interest People v. Perez --- may be proved by: [1] one witness in the mind of the accused; not a susceptible proof by direct testimony [2] from the nature of the act itself [3] from the circumstances surrounding the act Aid or comfort --- act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country --- act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy Laurel v. Misa

2 witness rule shall mean that the two witnesses must coincide with any one specific deed to be admissible as a ground for coviction

--- general rule: to be treasonous, the extent of the aid and comfort must render assistance to them as enemies, not merely as individuals, in furtherance of the enemies hostile designs --- must be intentional (no treason by negligence) Allegiance OBLIGATION OF FIDELITY AND OBEDIENCE which the individuals owe to the government under which they life or to their sovereign, IN RETURN for the protection they receive. (1) Permanent --- obligation of fidelity and obedience which a citizen or subject owes to his govt or sovereign (2) Temporary --- obligation of fidelity and obedience which a resident alien owes to our government When other crimes such as murder are charged as OVERT ACTS OF TREASON, cannot be regarded as: - Separate crimes - Complexed with treason Treason as a continuous offense = may be committed by a single act, series of acts, several series thereof, not only in a single time by in different times. AGGRAVATING: Cruelty, Ignominy NOT AGGRAVATING: Evident premeditation INHERENT: Superior strength, Treachery

Sovereignty is not suspended, what is suspended is the exercise of sovereignty

People v. Prieto

the accused was a Japanese spy and took part in the killing of some guerillas and infliction of physical injuries SC: murder and physical injuries were inherent in the crime of treason, characterized by giving aid and comfort to the enemy

ARTICLE 115: Conspiracy and proposal to commit treason. Penalty The conspiracy and proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding 10,000 pesos, and by prision correccional and a fine not exceeding 5,000 pesos.
Conspiracy to commit treason = time of war, 2 or more persons come to an agreement to: a. levy war against the government b. adhere to the enemies and give them aid or comfort c. decide to commit it Proposal to commit treason = in time of war, a person has decided to a. levy war against the government b. adhere to the enemies and give them aid or comfort c. proposes its execution to some other person or persons

ARTICLE 116: Misprision of treason Every person owing allegiance to the (US or) the Government of the Philippine Islands without being a foreigner and having knowledge of any conspiracy against them, who 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, as the case may be, shall be punished as an accessory to the crime of treason.
ELEMENTS: (1) Offender must be owing allegiance to the Govt and not a foreigner (2) He has knowledge of any conspiracy to commit treason agains the Govt (3) He conceals or does not disclose or make known the same as soon as possible to the governor or fiscal of the province or to the mayor or fiscal of the city in which he resides does not apply when the crime of treason is already committed

ARTICLE 117: Espionage The penalty of prision correctional shall be inflicted upon any person who: 1. Without authority therefor, enters 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 Philippine

2.

Archipelago; or Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.

The penalty next higher degree shall be imposed if the offender be a public officer or employee.
Espionage offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation. not conditioned by the citizenship of the offender [Santos v. Misa] May be committed in both time of peace and in time of war. 2 WAYS OF COMMITTING ESPIONAGE ELEMENTS 1. By entering, without authority therefore: 1. Offender enters any of the places mentioned a warship 2. He has no authority therefore fort 3. The purpose is to obtain information, plans, photographs or other naval or military establishment data of a confidential nature relative to the defense of the reservation Philippines. 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 1. Offender is a public officer nation the contents of the articles, data or 2. He has in his possession, articles, data or information referred to in information referred to in par. 1 which he had in his par. 1 by reason of the public offide the offender holds. possession by reason of the public office he holds. 3. He discloses their contents to a representative of a foreign nation MENS REA - Must have intention to obtain information relative to the defense of the Phils. - It is sufficient that he has a purpose to obtain the information when the offender entered a warship, fort, naval or military establishment. Persons who can be liable: 1. For PAR. 1 Any person, a citizen or foreigner, private individual or public officer 2. For PAR. 2 A public officer/employee who has possession of articles, data or information by virtue of the public office he/she holds.

ARTICLE 118: Inciting to war or giving motives for reprisals.1 The penalty of reclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts, provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.
ELEMENTS: 1. The offender performs unlawful or unauthorized acts 2. 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 [Reyes quoting Viada] MENS REA: The intention of the accused is immaterial; what the law considers are the effects produced; crime is committed regardless of intentions. inciting to war OR giving motives for reprisals is committed in time of PEACE.

Reprisals act of retaliation

ARTICLE 119: Violation of neutrality The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality.
ELEMENTS: 1. There is a WAR in which the Philippines is NOT involved. 2. Regulation issued by competent authority for the purpose of enforcing neutrality 3. Offender violates the said regulation NEUTRALITY a state wherein a nation or power takes no part in a contest of arms going on between other nations or powers.

ARTICLE 120: Correspondence with hostile country Any person, who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished:
CORRESPONDENCE = communication by means of letters; OR letters which pass between those who have friendly or business relations.

1. 2. 3.

By prision correccional, if the correspondence has been prohibited by the Government. By prision mayor, if the correspondence be carried on in ciphers or conventional signs; and By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion temporal to death.

ELEMENTS: 1. That it is in a time of war in which the Philippines is involved 2. Offender makes correspondence with an enemy country OR territory occupied by enemy troops 3. Correspondence is either a. prohibited by the government b. carried on in ciphers or conventional signs c. containing notice or information which might be useful to the enemy If prohibited by the Government, even friendly or innocent matters contained in the correspondence are prohibited. The following must concur: [a] notice or information might be useful to the enemy [b] offender intended to aid the enemy

ARTICLE 121: Flight to enemys country The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority.
ELEMENTS: 1. There is a war in which the Philippines is involved. 2. Offender must be owing allegiance to the Govt 3. Going to enemy country is prohibited by competent authority Allegiance = natural or temporary allegiance; therefore, an alien resident can be held liable mere attempt consummates the felony

ARTICLE 122: Piracy in general and mutiny on the high seas or in Philippine waters
PIRACY robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. MUTINY unlawful resistance to a superior officer OR raising of commotions and disturbances on board a ship against the authority of its commander. PIRACY MUTINY Offenders: Strangers to the vessel Offenders: Members of the crew or passengers Mens rea: There is intent to gain Mens rea: intent to ignore the ships officers OR there is desire to commit plunder
2 3

The penalty of reclusion perpetua shall be inflicted upon any person who, on the high seas or in Philippine waters, shall attack or seize any vessel or, not being a member of its complement4 nor a passenger, shall seize the whole or part of the cargo of the said vessel, its equipment, or personal belongings of its complement or passengers.
High seas = any waters on the sea coast which are without the boundaries of low-water mark, although such waters may be in the jurisdictional limits of a foreign govt = UNCLOS: parts of the seas that are not included in the EEZ, territorial seas, internal waters of a state or in the archipelagic waters of an archipelagic state Philippine waters = all bodies of water around between and connecting each of the Islands of the Philippine Archipelago (seas, gulfs, bays), irrespective of depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, seabed, insular shelves and other submarine areas over which the Philippines has sovereignty or jurisdiction. Vessel = any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine waters. All types of vessels including boats used in fishing.

The same penalty shall be inflicted in case of mutiny on the high seas or n Philippine waters. [as amended by Sec. 3 of RA7659]
ELEMENTS: 1. Vessel is on high seas or Philippine waters 2. Offenders are not members of its complement or passengers 3. Offenders either [a] attack or seize a vessel on the high seas or in Phil waters [b] seize the whole part of the cargo of the vessel, equipment or personal belongings of its complement or passengers

ARTICLE 123: Qualified piracy The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the preceding article under any of the following circumstances:
crimes = refers to piracy and mutiny on the high seas regardless of number of victims, qualified piracy is punishable by reclusion perpetua to death.

1. 2. 3.

Whenever they have seized a vessel by boarding or firing upon the same Whenever the pirates have abandoned their victims without means of saving themselves
pirates = excluding mutineers

Whenever the crime is accompanied by murder, homicide, physical injuries, or rape (as amended by RA7659)

2 3

Depredation act of attacking or plundering Animo furandi the intention to steal [law-dictionary.com] 4 Complement number of people required to crew a ship

Title 2: Crimes against the Fundamental Laws of the State

They violate certain provisions of the Bill of Rights (Art. III of 1987 Constitution) Classes of Arbitrary Detention: 1. Arbitrary detention by detaining a person without legal grounds [Art. 124] 2. Delay in the delivery of detained persons to the proper judicial authorities [Art. 125] 3. Delaying release [Art. 126]

ARTICLE 124: Arbitrary Detention

DETENTION = actual confinement of a person in an enclosure OR any manner detaining and depriving him of his liberty = person is detained when placed in a confinement or there is restraint on his person

Any public officer or employee, who, without legal grounds, detains a person shall suffer:
Public officer = any person who is vested with authority to detain or order the detention of persons accused of a crime. They are charged with arbitrary detention when they have no legal grounds therefor. (policemen, other agents of the law, judges, mayors, barangay captain, municipal councilor) if detention is by a private person, the act of detaining another is Illegal Detention. Without legal grounds = [a] when one has not committed any crime OR there is no reasonable ground for suspicion that he has committed a crime [b] when one is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital

1. 2. 3. 4.

The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded 3 days. The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than 3 but not more than 15 days. The penalty of prision mayor, if the detention has continued for more than 15 days but not more than 6 months. That of reclusion temporal, if the detention shall have exceeded 6 months.

The (1) commission of a crime, or (2) violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person.
ELEMENTS: 1. The offender is a public officer or employee 2. He detains a person 3. Detention is without legal grounds LAWFUL ARREST WITHOUT WARRANT: [Section 5 Rule 113, Revised Rules of Criminal Procedure) a. When in his presence, the person to be arrested committed, is actually committing or is attempting to commit an offense. b. When an offense has just been in fact committed, and he has probable cause to believe based on his personal knowledge of facts and circumstances that the person to be arrested has committed it; and c. When the person to be arrested is a prisoner who has escaped from penal establishment where he is serving final judgment or temporarily confined while his case I pending or has escaped while being transferred from one confinement to another. 5 A and B = cases when suspect is caught in flagrante delicto or immediately thereafter C = escaping prisoners In his presence = officer sees/ hears a disturbance or commotion of the offense being committed, although at a distance. Personal knowledge = must be based upon probably cause which means an actual belief or reasonable grounds of suspicion.

Flagrante delicto in a blazing offence or caught in the act

 PROBABLE CAUSE = such facts and circumstances which could lead a reasonable discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to be searched. = must be within the personal knowledge of the complainant or the witnesses but not based on mere hearsay.

ARTICLE 125: Delay in the delivery of detained persons to the proper judicial authorities.
does not apply when arrest is by virtue of a warrant of arrest Because: There is already a complaint or information filed against the person to be arrested with the court which issued a warrant of arrest, it is not necessary to deliver the person thus arrested to that court. REASON for the provision: Intended to prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail [Laurel v. Misa] Art. 124: Detention is illegal from the beginning Art. 125: Detention is legal but the illegality of detention starts from the expiration of the periods specified w/out the detained person being delivered to the proper judicial authority

The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: 12 hours, for crimes or offenses punishable by light penalties or their equivalent 18 hours for crimes or offenses punishable by correctional penalties or their equivalent 36 hours, for crimes and offenses punishable by afflictive or capital penalties, or their equivalent

shall detain any person for some legal ground = person detained was arrested under any of the circumstances where arrest without warrant is authorized by law if made with a warrant of arrest, may be detained indefinitely until the case is decided by the court OR posts a bail for temporary release detention becomes illegal after a certain period of time Fail to deliver to proper judicial authorities = not physical delivery but in making an accusation or charge or filing of an information against the person arrested with the corresponding court or judge, where the latter acquires jurisdiction to issue an order of release or of commitment of the prisoner, BECAUSE the arresting officer can not transfer to the judge and the latter does not assume physical custody of the person arrested. Proper judicial authorities = courts of justice 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.

In every case, the person detained shall be (1) informed of the cause of his detention and shall be (2) allowed upon his request, to communicate and confer at any time with his attorney or counsel (amended by EO 272)
Rights of the person detained ELEMENTS: 1. That the offender is a public officer or employee 2. That he has detained a person for some legal ground 3. He fails to deliver such person the proper judicial authorities within: a. 12 hours, for crimes or offenses punishable by light penalties or their equivalent b. 18 hours for crimes or offenses punishable by correctional penalties or their equivalent c. 36 hours, for crimes and offenses punishable by afflictive or capital penalties, or their equivalent

ARTICLE 126: Delaying release. The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person.
ACTS PUNISHABLE UNDER ART. 126: 1. Delaying the performance of a judicial or executive order for the release of a prisoner 2. Unduly delaying the service of the notice of such order to said prisoner 3. Unduly delaying the proceedings upon any petition for the liberation of such person. ELEMENTS: 1. The offender is a public officer or employee 2. There is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person. 3. That the offender without good reason delays: (a) the service of the notice of such order to the prisoner, or (b) the performance of such judicial or executive order for the release of the prisoner or (c) the proceedings upon a petition for the release of such person.

ARTICLE 127: Expulsion The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence.
ACTS PUNISHABLE UNDER ART. 127: 1. By expelling a person from the Philippines 2. By compelling a person to change his residence ELEMENTS: 1. Offender is a public officer or employee 2. He expels any person from the Philippines or compels a person to change his residence 3. The offender is not authorized to do so by law. only a court by final judgment can order a change of residence ejectment proceedings, expropriation proceedings and destierro Crimes under VIOLATION OF DOMICILE: 1. By entering a dwelling against the will of the owner thereof making search without previous consent of the owner. (Art. 128) 2. Search warrants maliciously obtained and abuse in the service of those legally obtained (Art. 129) 3. Searching domicile without witnesses (Art. 130)

ARTICLE 128: Violation of domicile The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without previous consent of such owner, or, having surreptitiously entered said dwelling, and being required to leave premises, shall refuse to do so.

public officer or employee = if a private individual, crime is trespass to dwelling (Art. 280) not being authorized by judicial order = when armed with a search warrant duly issued by court against the will of the owner = there must be opposition or prohibition by the owner whether express or implied = crime is not committed when there is no consent nor if the owner consented to the entrance. search papers, etc. without previous consent of such owner = right to be secure from unreasonable search may be waived expressly or impliedly(e.g. silence of the owner) search = merely looking at the sala and kitchen for a pen knife is not considered a search of papers and other effects papers or other effects found therein = does not cover search outside the dwelling of a person without search warrant

 = these must be found in the dwelling having surreptitiously entered said dwelling = an exception because this is an instance where a public officer/employee may commit violation of domicile even if the entrance is only without consent of its owner. BUT it is the refusal to leave the premises when required to do so is what constitutes the crime.

If the offense be committed in the nighttime, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and maximum periods.
ACTS PUNISHABLE UNDER ART. 128: 1. Entering any dwelling against the will of the owner thereof 2. Searching papers or other effects found therein without the previous consent of such owner 3. Refusing to leave the premises after having surreptitiously entered said dwelling and after having been required to leave the same. ELEMENTS (COMMON): 1. Offender is a public officer or employee 2. Not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects. Qualifying circumstances: 1. Offense committed at nighttime. 2. Papers or effects not constituting evidence of a crime are not returned immediately after the search made by the offender.

ARTICLE 129: Search warrants maliciously obtained and abuse in the service of those legally obtained. In addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding 1000 pesos shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same.
in addition to the liability attaching to the offender = public officers procuring a search warrant without just cause may also be held liable for perjury if they made a willful and deliberate assertion of falsehood in the affidavits filed in support of the application for search warrant ; even if perjury was a necessary means to commit crime of search warrant maliciously obtained separate and distinct crimes, with respective penalties. Search warrant = is an order 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 (Sec. 1 Rule 126, Revised Rules of Criminal Procedure) What types of PERSONAL PROPERTY can be seized? (a) Subject of the offense (b) Stolen or embezzled and other proceeds or fruits of the offense (c) Used or intended to be used as the means of committing an offense (Sec. 3 Rule 126) Requisites for issuing search warrant: 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 & the witness he may produce, and particularly describing the place to be searched and things to be seized which may be anywhere in the Philippines. (Sec. 4 Rule 126) Examination of complainant: By the judge, before issuing the warrant - must personally examine in the form of SEARCHING QUESTIONS AND ANSWERS, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them - sworn statements are attached to the record together with any affidavits submitted (Sec. 5 Rule 126) Required presence of 2 WITNESSES: No search of house, room or any other premises shall be made except 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 2 witnesses of sufficient age and discretion residing in the same locality. (Sec. 8 Rule 126)

 Probable cause for a search = such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to be searched. Test of lack of JUST CAUSE: Whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that PERJURY could be charged thereon and affiant be held liable for damages caused. Oath required: refer to the truth of the facts within personal knowledge of the applicant for search warrant OR his witnesses and NOT just reported by any person even if that person can be considered credible. *Evidence obtained in violation of Sec. 2 and Sec. 3 of the Constitution is INADMISSIBLE in any proceeding if presented as evidence. When papers and effects are: (a) obtained during unreasonable searches and seizures (b) under a search warrant issued without probable cause & not in accordance with the procedure described (c) in violation of the privacy of communication and correspondence ACTS PUNISHABLE UNDER ART. 129: 1. Procuring a search warrant without just cause. 2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured. Elements of this act: (a) Offender is a public officer or employee (b) He has legally procured a search warrant (c) He exceeds his authority or uses unnecessary severity in executing the same ELEMENTS: 1. That the offender is a public officer or employee. 2. That he procures a search warrant. 3. That there is no just cause. EXCEPTIONS: (When is this legal?) 1. When search and seizure without warrant is incident to lawful arrest 2. When peace officers enter the house of an offender who committed an offense in their presence. 3. Search and seizure of vessels and aircraft for violations of the custom laws (why? Because vessels can be moved out quickly before the warrant can be secured)

ARTICLE 130: Searching domicile without witnesses. The penalty of arresto mayor in its medium and maximum periods shall be imposed upon a public officer or employee who, in cases where a search is proper, shall search the domicile, papers, or other belongings of any person, in the absence of the latter, in any member of his family, or in their default, without the presence of two witnesses residing in the same locality.
in cases where search is proper = the public officer at the time of the search is armed with a search warrant legally procured. SEARCH = to go over or look through the purpose of finding something; to examine papers and other belongings must be in the dwelling of their owner at the time the search is made. doesnt apply to vehicles or other means of transportation because it is not made in the dwelling. search without warrant under the Tariff and Customs Code does not include a dwelling house. ELEMENTS: 1. Offender is a public officer or employee 2. He is armed with a search warrant legally procured 3. He searches the domicile, papers or other belongings of any person 4. That the owner, or any member of his family, or 2 witnesses residing in the same locality are not present. SECTION 8 RULE 126 (REVISED RULES OF CRIMINAL PROCEDURE) No search of a house, room or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.

Crimes under PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS

ARTICLE 131: Prohibition, interruption, and dissolution of peaceful meetings. The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee, who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same.
to constitute a violation: (a) the meeting must be peaceful, and (b) there is no legal ground for prohibiting, or interrupting or dissolving that meeting no legal ground = when (a) the danger apprehended is not imminent (b) evil to be prevented is not a serious one

The same penalty shall be imposed upon any public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings. The same penalty shall be imposed upon any public officer or employee who shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.
ACTS PUNISHED UNDER ART. 131: 1. By prohibiting or interrupting without legal ground, the holding of a peaceful meeting, or by dissolving the same. 2. By hindering any person from joining any lawful association or from attending any of its meetings. 3. By prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances. COMMON ELEMENTS: 1. Offender is a public officer or employee only a public officer/employee can commit this crime. If a private individual = Disturbance of public order (Art. 153) must be a stranger, not a participant in the peaceful meeting 2. He performs any of the acts punishable under Art. 131 *Right to peaceful meeting (Right to freedom of speech and to peacefully assemble) = not absolute may be regulated in order that it may not be injurious to the equal enjoyment of others having equal rights NOR injurious to the right of the community or society exercised under the POLICE POWER OF THE STATE = power to prescribe regulations to promote the good order or safety and general welfare of the people. Crimes AGAINST RELIGIOUS WORSHIP 1. Interruption of religious worship (Art. 132) 2. Offending the religious feelings (Art. 133)

ARTICLE 132: Interruption of religious worship The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion. If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium and maximum periods.
ELEMENTS: 1. The offender is a public officer or employee 2. That religious ceremonies or manifestations of any religion are about to take place or are going on. 3. The offender prevents or disturbs the same. Qualifying circumstance: if committed with violence or threats there is no provision which requires religious service to be conducted in approved orthodox style in order to merit protection against interference and disturbance.

ARTICLE 133: Offending religious feelings. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon anyone who, in a place devoted to religious worship or during the celebration of any religious ceremony, shall perform acts notoriously offensive to the feelings of the faithful.
in a place devoted to religious worship = the religious ceremony need not be celebrated in a place of worship. religious ceremony = religious acts performed outside of a church such as processions and special prayers for burying dead persons. acts notoriously offensive to the feelings of the faithful = must be directed against religious practice or dogma or ritual for the purpose of ridicule ; mocking or scoffing at OR attempting to damage an object of religious veneration. ELEMENTS: 1. That the acts complained of were performed: (a) in a place devoted to religious worship, or (b) during the celebration of any religious ceremony 2. That the acts must be notoriously offensive to the feelings of the faithful. *There must be deliberate intent to cause the hurtful feelings of the faithful. *WON an act offends the feelings of a member of a religious group/sect should be viewed or judged from the complainants point of view and not from the point of view of the offender.

Title Three: Crimes Against Public Order ARTICLE 134: Rebellion or insurrection How committed. The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part thereof, or any body of land, naval or other armed forces, or depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. (as amended by R.A. No. 6968, approved Oct. 24, 1990)
ELEMENTS: 1. That there be (a) a public uprising, and (b) taking arms against the Government. 2. That the purpose of the uprising or movement is either (a) To remove from the allegiance to said Government or its laws: (1) the territory of the Philippines or any part thereof; or (2) any body of land, naval or other armed forces (b) To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives. REBELLION INSURRECTION TREASON SUBVERSION - used where the object of the - employed in reference to a - crime against national security - crime against national security movement is completely to movement which seeks merely to overthrow and supercede the effect some change of minor existing govt importance OR to prevent the exercise of governmental authority with respect to particular matters or subjects - levying war against the - levying war against the Govt government during peace time for when performed to aid the enemy; any purpose in Art. 134. also constitute adherence to enemy, giving aid and comfort - involves taking up arms against - committed by mere adherence to the Govt ; giving aid or comfort is the enemy giving him aid or not criminal to comfort rebellion/insurrection

*NATURE of Rebellion (or of Inciting): - it is a crime of masses or of a multitude - vast movement of men and a complex net of intrigues and plots - evokes not merely a challenge to the constituted authorities, but also civil war on a bigger or lesser scale *Actual clash of arms not necessary to convict the accused who is IN CONSPIRACY with those actually taking arms against the Government. (e.g. an accused knowingly identifying with the Huk) the PURPOSE of the uprising must be shown. - and it is not necessary that the purpose be accomplished REBELLION is CONSUMMATED = very moment a group of rebels rise publicly and take arms against the Govt, for the purpose of overthrowing the same by force. To succeed in overthrowing the government is not necessary NORMATIVE ELEMENT = Rising publicly & Taking arms against the Govt SUBJECTIVE ELEMENT = Intent or purpose to overthrow the Government

ARTICLE 134-A: Coup detat How committed. The crime of coup detat is a swift attack, accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications networks, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office or employment, with or without civilian support or participation, for the purpose of seizing or diminishing state power. (as amended by R.A. No. 6968)
ELEMENTS: 1. That the offender is a person or persons belonging to the military or police or holding any public office or employment 2. That it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth 3. That the attack is directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power. 4. That the purpose of the attack is to seize or diminish state power.

Who are the persons liable for REBELLION, INSURRECTION and/or COUP DETAT
REBELLION / INSURRECTION COUP DETAT LEADERS Any person who: (a) promotes (b) maintains (c) heads Any person who: (a) leads (b) directs (c) commands to undertake PARTICIPANTS Any person who: (a) participates (b) executes the commands of others Any person in the government service who: (a) participates (b) executes directions or commands of others Any person not in the government service who: (a) participates (b) supports (c) finances (d) abets (e) aids in undertaking

POINTS TO REMEMBER: 1. A public officer must ACTIVELY TAKE PART in order to be liable for rebellion. Silence or omission is NOT punishable 2. Deemed leaders of rebellion, insurrection or coup in case he is unknown: ANY PERSON who (a) directed the others (b) spoke for them (c) signed receipts (d) does similar acts on behalf of the rebels. 3. Not a defense: that the accused never took oath of allegiance to or they never recognized the Govt because the Government has the right to maintain its existence and authority against a certain class of the population. 4. There is NO COMPLEX CRIME OF REBELLION with murder or other common crimes engaging in war and committing serious violence already connotes: resort to arms, requisition of property, collection of taxes and contributions, restraint of liberty, damage to property, physical injuries and loss of life. *Acts committed in furtherance of rebellion , even though are crimes in themselves are deemed absorbed in one single crime of rebellion (Enrile v. Amin) *POLITICAL CRIMES = directly aimed against the political order, as well as such common crimes may be committed to achieve a political purpose.

ARTICLE 136 Conspiracy and proposal to commit coup detat, rebellion or insurrection. The conspiracy and proposal to commit coup detat shall be punished by prision mayor in its minimum period and a fine which shall not exceed eight thousand pesos (P8,000). The conspiracy and proposal to commit rebellion or insurrection shall be punished, respectively, by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000) and by prision correccional in its medium period, and a fine not exceeding two thousand pesos (P2,000). (as amended by RA 6968)
TWO CRIMES DEFINED AND PENALIZED: (1) Conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion and decide to commit it. (2) Proposal to commit rebellion when the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons. *Merely agreeing and deciding to rise publicly or merely proposing = already subject to punishment NO Conspiracy when: NO agreement and NO decision to commit rebellion

ARTICLE 137 Disloyalty of public officers or employees. The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them.
ELEMENTS: 1. The offender must be a public officer or employee. a private individual appointed to office will not be liable under this article. 2. That the following acts of disloyalty are present: (a) By failing to resist a rebellion by all the means in their power; or (b) By continuing to discharge the duties of their offices under the control of the rebels; or (c) By accepting appointment to office under them. 3. That there is an existence of rebellion by other persons 4. The offender must not be in conspiracy with the rebels.

ARTICLE 138 Inciting to rebellion or insurrection. The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open

hostility against the Government, shall incite others to the execution of any of the acts specified in Article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.
ELEMENTS: 1. That the offender does not take arms or is not in open hostility against the government. 2. That he incites others to the execution of any of the acts of rebellion. 3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. Shall incite others to the execution of any of the acts specified in Article 134 of this Code the offender shall incite others to rise publicly and take arms against the Government for any of the purposes of rebellion. INCITING TO REBELLION PROPOSAL TO COMMIT REBELLION Offender induces another to commit rebellion Offender induces another to commit rebellion It is not required that the offender has decided to commit Person who proposes has decided to commit rebellion rebellion The inciting is done publicly Person who proposes the execution uses secret means Rebellion should not be actually committed Rebellion should not be actually committed *if rebellion is committed, the proponent or the person inciting becomes principal by inducement in the crime of rebellion.

ARTICLE 139 Sedition How committed. The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects: 1. 2. To prevent the promulgation or execution of any law or holding of any popular election. To prevent the National Government, or any provincial or municipal government, or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order; To inflict any act of hate or revenge upon the person or property of any public officer or employee; To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and To despoil for any political or social end, any person, municipality or province, or the National Government (or the Government of the US) of all its property or any part thereof. (as amended by CA 202)

3. 4. 5.

ELEMENTS: 1. That the offenders rise (a) publicly and (b) tumultuously 2. That they employ force, intimidation, or other means outside of legal methods 3. That the offenders employ any of those means to attain any of the following objects: (a) To prevent the promulgation or execution of any law or the holding of any popular election; (b) To prevent the National Government, or any provincial or municipal government, or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order; (c) To inflict any act of hate or revenge upon the person or property of any public officer or employee; (d) To commit for any political or social end, any act of hate or revenge against private persons or any social class; and (e) 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. NATURE OF THE CRIME: Sedition raising of commotions or disturbances in the State the ultimate object of sedition is a violation of the public peace or at least such a course of measures as evidently engenders it.

Sedition vs. Rebellion the distinguishing factor is the OBJECT or PURPOSE of the uprising. SEDITION REBELLION There must be public uprising There must be public uprising Sufficient that public uprising is tumultuous There must be taking up of arms against the government Purpose of the offenders may be political or social Purpose is always political SEDITION TREASON raising of commotions or disturbances in the State violation by a subject of his allegiance to his sovereign or liege, lord or to the supreme authority of the State Tumultuous caused by more than three persons who are armed or provided with means of violence. *PUBLIC UPRISING + OBJECT OF SEDITION must concur Common crimes absorbed in sedition? NO. People v. Cabrera offenders were found guilty of separate crimes of sedition in one case and multiple murder with grave injury in another case.

ARTICLE 140 Penalty for sedition. The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10,000 pesos. Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos.
PERSONS LIABLE FOR SEDITION: 1. The leader of the sedition 2. Other persons participating in the sedition.

ARTICLE 141 Conspiracy to commit sedition. Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos.
There must be: Agreement + Decision to rise publicly and tumultuously to attain any of the objects of sedition. Art. 141 punishes only conspiracy to commit sedition. Proposal to commit sedition is not punishable.

ARTICLE 142 Inciting to sedition. The penalty of prision correccional in its maximum period and a fine not exceeding 2000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish or circulate scurrilous libels against the Government (of the US or the Government of the Commonwealth) of the Philippines, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices. (as amended by CA 202)

ACTS OF INCITING TO SEDITION: 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc. 2. Uttering seditious words or speeches which tend to disturb the public peace. 3. Writing, publishing or circulating scurrilous libels against the Government or any of the duly constituted authorities thereof, which tend to disturb the public peace. ELEMENTS: 1. That the offender does not take direct part in the crime of sedition. 2. That he incites others to the accomplishment of any of the acts which constitute sedition. 3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners or other representations tending to the same end. it is not inciting when not proved that a person incited people to rise publicly and tumultuously in order to attain the ends mentioned in Art. 139. Scurrilous low, vulgar, mean or foul *Uttering seditious words or speeches, and writing, publishing or circulating scurrilous libels are PUNISHABLE when: (a) They tend to disturb or obstruct any lawful officer in executing the functions of his office. (b) They tend to instigate others to cabal and meet together for unlawful purposes, or (c) They suggest or incite rebellious conspiracies or riots; or (d) They lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Govt. *Knowingly concealing such evil practices = under Art. 142, the act is treated and punished as that of the principal. *Disturbance or disorder is not necessary in inciting to sedition 2 RULES RELATIVE TO SEDITIOUS WORDS : 1. The clear and present danger rule. - words must be of such nature that uttering them is a danger of a public uprising and the danger is both clear and imminent. - there must be a reasonable ground to believe that the danger apprehended is imminent AND that the evil to be prevented is serious. - there must be a probability of a serious injury to the State. - present = time element, identified with imminent and immediate danger ; danger = must not only probable but very likely inevitable 2. The dangerous tendency rule. - if the words used tend to create a danger of public uprising. - there is inciting to sedition when words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the Government and obedient to the laws. Why seditious utterances are prohibited? the legislature has the authority to forbid the advocacy of a doctrine designed and intended to overthrow the Government WITHOUT WAITING until there is a present and immediate danger of the success of the plan advocated. IF the State were compelled to WAIT until the apprehended danger became certain, then THE RIGHT TO PROTECT ITSELF would come simultaneously with the overthrow of the Govt Unlawful RUMOR MONGERING and SPREADING FALSE INFORMATION Committed by any person who shall offer, publish, distribute, circulate and spread rumors, false news and information and gossip OR Cause the publication, distribution, circulation or spreading of the same, which tend to cause panic, divisive effects among people, discredit of or distrust for the duly constituted authorities, undermine the stability of the Government and the objectives of the New Society, endanger the public order, or cause damage to the interest or credit of the State. penalty: prision correccional ; if government official or employee, with accessory penalty of absolute perpetual disqualification from holding any public office

Chapter Two: CRIMES AGAINST POPULAR REPRESENTATION ARTICLE 143: Acts tending to prevent the meeting of the Assembly and similar bodies. The penalty of prision correccional or a fine ranging from 200 to 2000 pesos or both, shall be imposed upon any person who, by force or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board. (as amended by CA 264)
ELEMENTS: 1. That there be a projected or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional committees or divisions thereof, or any provincial board or city or municipal council or board. 2. That the offender who may be any person prevents such meeting by force or fraud.

ARTICLE 144: Disturbance of proceedings. The penalty of arresto mayor or a fine from 200 to 1,000 pesos shall be imposed upon any person who disturbs the meetings of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it. (as amended by CA 264)
ELEMENTS: 1. That there be a meeting of the National Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board. 2. That the offender does any of the following acts: (a) He disturbs any of such meetings. (b) He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it. *It must be a meeting of: LEGISLATIVE BODY or of PROVINCIAL BOARD or CITY OR MUNICIPAL COUNCIL OR BOARD. *Who may file complaint? May be filed by a member of a legislative body not among those which may not be prosecuted de oficio. may be commenced upon written complaint of the member of the board. *Offenders under Art. 144 may also be punished for CONTEMPT by the Assembly. implied power to punish for contempt coercive in nature ; power to punish crime punitive in character

ARTICLE 145: Violation of parliamentary immunity. The penalty of prision mayor shall be imposed upon any person who shall use force, intimidation, threats or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; And the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly (Congress) is in regular or special session, arrest or search any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor.
Acts punishable under Art. !44: 1. By using force, intimidation, threats or frauds to prevent any member of the National Assembly from: (1) Attending the meetings of the Assembly or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or from (2) Expressing his opinions, or

1.

(3) Casting his vote ELEMENTS (#1): *the offender is any person 1. That the offender uses force, intimidation, threats or fraud 2. That the purpose of the offender is to prevent any member of the National Assembly from (a) Attending the meetings of the Assembly or of any of its committees or constitutional commissions, etc,; or (b) Expressing his opinions; or (c) Casting his vote 2. By arresting or searching any member thereof while the National Assembly is in regular or special session, except in case such member has committed a crime punishable under the Code by a penalty higher than prision mayor. ELEMENTS (#2): 1. That the offender is a public officer or employee 2. That he arrests or searches any member of the National Assembly 3. That the Assembly, at the time of arrest or search, is in regular or special session; 4. That the member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor.

to prevent any member from attending = not necessary that a member is actually prevented, IT IS SUFFICIENT, that in using force, intimidation, threats or frauds, has the PURPOSE to prevent a member from exercising any of his prerogatives. PARLIAMENTARY IMMUNITY guarantees the legislator complete freedom of expression without fear of being made responsible in criminal or civil actions before the courts or any other forum outside the Congressional Hall. DOES NOT protect the legislator from responsibility before the legislative body

Chapter Three: ILLEGAL ASSEMBLIES AND ASSOCIATIONS ART. 146: Illegal Assemblies The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code or of any meeting in which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional. If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting within the purview of the preceding paragraph. As used in this article the word meeting shall be understood to include a gathering or group, whether in a fixed place or moving.
(1) Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code. ELEMENTS: 1) That there is a meeting, a gathering or group of persons, whether in a fixed place or moving. 2) That the meeting is attended by armed persons. 3) That the purpose of the meeting is to commit any of the crimes punishable under the Code. (2) Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents. ELEMENTS: 1) That there is a meeting, a gathering or group of persons, whether in a fixed place or moving. 2) That the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.

*law does not state how many persons must be armed. According to Reyes, a good number is that at least 4 must be armed.

*an unarmed person in the 1 form is criminally liable *if in a meeting, the audience is incited to the commission of rebellion or sedition, crimes committed are: (1) Illegal assembly: (a) organizers or leaders, and (b) persons merely present. (2) Inciting to rebellion or sedition the one inciting is concerned. Persons liable: 1. The organizers or leaders of the meeting 2. Persons merely present they must have a common intent to commit the felony. Absence of intent = person exempted from liability. - not armed: arresto mayor - carried arms, licensed firearms: prision correccional if carrying an unlicensed firearm: presumed that the purpose of the meeting is to commit acts punishable under the Code considered a leader or organizer of the meeting

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ART. 147 Illegal Associations. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under this code or for some urpose contrary to public morals. Mere members of the said associations shall suffer the penalty of arresto mayor.
ILLEGAL ASSOCIATIONS: (1) Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code. (2) Associations totally or partially organized for some purpose contrary to public morals. Persons liable: (1) Founders, directors, president (2) Mere members ILLEGAL ASSOCIATION ILLEGAL ASSEMBLY Not necessary that there be an actual meeting Necessary that there is an actual meeting or assembly of armed persons The act of forming or organizing and membership in the It is the meeting and attendance at such meeting that are organization are punished. punished. Persons liable: Persons liable: 1. founders, directors and president 1. organizers/leaders of the meeting 2. members 2. persons present

Chapter Four: ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO , PERSONS IN AUTHORITY AND THEIR AGENTS ART. 148 Direct Assaults Any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding P1,000 pesos, when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none of these circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding P500 pesos shall be imposed.
Direct assaults Crimes against public order; triable by RTC Ordinary assaults Crimes against persons

2 WAYS OF COMMITTING DIRECT ASSAULTS: (1) Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition ELEMENTS: 1. That the offender employs force or intimidation 2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects in the crime of sedition. 3. That there is no public uprising

(2) Without public uprising, by attacking, by employing force, or by seriously

*1 ELEMENT shall attack any offensive or antagonistic movement o action employ force only an agent of a person in authority force employed must be of serious character to indicate determination to defy the law & its representative at all hazards if a person in authority force employed need not be serious intimidation or resistance must be serious whether the offended party is an agent only or a person in authority resistance must be active resistance intimidation must be serious; it must produce effects immediately and not a threat of some future evil. ND *2 ELEMENT person in authority any person directly vested with jurisdiction; has the power or authority to govern and execute the laws. may be by direct provision of law or by election or by appointment by competent authority 1. Division Superintendent of Schools 2. President of Sanitary Division 3. Teachers only when inside a classroom or when doing an official duty | reason: to give teachers protection, dignity and respect while in the performance of their official duties. 4. Barangay Captain agents of persons in authority 1. Policeman (Chief of Police?) 2. Municipal Treasurer (Provincial Treasurer) 3. Postmaster (Director of Posts) 4. Rural Policeman (appointed by Mayor of Town and provided with badge) 5. Sheriff 6. Agents of BIR 7. Malacanang confidential agent 8. Barangay Chief Tanod (Barangay Captain) *even if a person in authority/agent agrees to fight, it can still constitute direct assault *self-defense may be appreciated in a case of direct assault.

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ELEMENTS: 1. That the offender: (a) makes an attack (b) employs force (c) makes a serious intimidation (d) makes a serious resistance 2. That the person assaulted is a person in authority or his agent 3. That at the time of the assault, the person in authority or his agent: (a) is engaged in the actual performance of official duties, or (b) that he is assaulted by reason of the past performance of official duties. 4. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties. 5. That there is no public uprising.

*when a person in authority/agent s NOT in the performance of official duties: 1. Exceeding power or acts without authority 2. Makes unnecessary use of force or violence to make him respected beyond his powers 3. When both parties are persons in authority descending to matters which are private in nature *Offender may also be a person in authority against another person in authority *Knowledge of the accused that the victim is a person in authority or agent is essential *Information must allege knowledge. *Mens rea: Defendant must have the intention to defy authorities on occasion of such performance the impelling motive of the attack is the performance of official duty; because or by reason of the past performance of official duty even if at the very time of the assault, no official duty was being discharged. without public uprising because if there is public uprising, then the crime may be sedition. 2 KINDS OF DIRECT ASSAULT: 1. Simple assault 2. Qualified assault Qualified when a. committed with a weapon = firearms, sharp or cutting instruments, stones, clubs, or other objects with which some physical injury may be inflicted b. the offender is a public officer or employee c. offender lays hands upon a person in authority *Slight physical injuries absorbed in direct assault.

ART. 149 Indirect Assaults. The penalty of prision correccional in its minimum and medium periods and a fine not exceeding P500 pesos shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article.
ELEMENTS: 1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148 2. That a person comes to the aid of such authority or his agent. 3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. *committed only when direct assault is committed *a person in authority or his agent must be the one being attacked *BUT, the offended party in indirect assaults may be private person

ART. 150 - Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions. The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment shall be imposed upon any person who, having been duly summoned to attend as a witness before the National Assembly, (Congress), its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse, to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person who shall restrain another from attending as a witness, or who shall induce disobedience to a

summon or refusal to be sworn by any such body or official.

Acts punished: 1. By refusing, without legal excuse, to obey summons of the National Assembly, its special or standing committees or subcommittees, the Constitutional commissions and its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses. 2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official. 3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. 4. By restraining another from attending as a witness in such legislative or constitutional body 5. By inducing disobedience to a summons or refusal to be sworn by any such body or official. without legal excuse = only disobedience without legal excuse is punishable when required by them to do so in the exercise of their functions = matters must be upon matters into which the National Assembly has jurisdiction to inquire.

ART. 151 - Resistance and disobedience to a person in authority or the agents of such person. The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties. When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be imposed upon the offender.
ELEMENTS: RESISTANCE AND SERIOUS DISOBEDIENCE 1. That a person in authority or his agent is engaged in the performance of his official duties or gives a lawful order to the offender 2. That the offender resists or seriously disobeys such person in authority or his agent. 3. That the acts of the offender is not included in the acts punished by the provisions in Art. 148 150 Disobedience = failure or refusal to obey a direct order from the authority or his agent; lawful order must be addressed to the offender ELEMENTS: SIMPLE DISOBEDIENCE 1. That an agent of the person in authority is engaged in the performance of his duties or gives a lawful order to the offender. 2. That the offender disobeys such agent of a person in authority. 3. That the disobedience is not of a serious nature. DIRECT ASSAULT SERIOUS DISOBEDIENCE Person in authority/agent must be engaged in the actual Only when the person in authority is in actual performance of his duties performance of duties OR by reason of a past performance of a duty nd Committed by: (2 form) (1) Making an attack (2) Employing Commited by: (1) Resisting (2) Seriously disobeying force (3) Serious intimidation and (4) Serious resistance There is force employed serious and deliberate There is force employed not so serious, no manifest intention to defy the law

ART. 152 - Persons in authority and agents of persons in authority; Who shall be deemed as such. In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.

A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority. In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873, June 12, 1985).
PERSON IN AUTHORITY = a person who is directly vested with jurisdiction 1. Municipal Mayor 2. Division Superintendent of Schools 3. Public and private school teachers = when they are in the performance of professional duties 4. Teacher-nurse 5. President of the Sanitary Division 6. Provincial fiscal 7. Justice of the Peace 8. Municipal Councilor 9. Barrio Captain and Barangay Chairman 10. Provincial Treasurer (agent: municipal treasurer) GENERAL RULE: (a) By direct provision of law (b) By election; or (c) By appointment by competent authority Person who is charged with (1) the maintenance of public order (2) the protection and security of life and property *as amended: Any person WHO comes to the aid of persons in authority is an agent of a person in authority.

ART. 153 - Tumults and other disturbance of public orders; Tumultuous disturbance or interruption liable to cause disturbance The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Articles 131 and 132. The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character. The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence. The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order. The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these persons who in violation of the provisions contained in the last clause of Article 85, shall bury with pomp the body of a person who has been legally executed.

serious disturbance = must be planned or intended outcry = to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition tumultuous = caused by more than three persons who are armed OR provided with means of violence OUTCRY INCITING TO SEDITION/REBELLION More or less an unconscious outburst Necessary that the act is done with the which is, not intentionally calculated to idea of inciting the readers or hearers induce others to commit sedition or to commit the crime of sedition or rebellion. rebellion *should be applied if disturbing or interrupting a meeting or religious ceremony is not committed by public officers, or if committed by public officers they are participants therein. [in relation to Art. 131]

ART. 154 - Unlawful use of means of publication and unlawful utterances. The penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon: 1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State; 2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law;  3. Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or 4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous.
*Actual public disorder or actual damage is not necessary = mere possibility of causing such danger or damage is sufficient. *The offender must know that the news is false

ART. 155 - Alarms and scandals. The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon: 1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker, or other explosives calculated to cause alarm or danger; 2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;  3. Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or 4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable.
Shall discharge a firearm = should not be aimed at a person Charivari = medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns, etc. designed to annoy or insult *it is the RESULT not the intent that counts. The act must produce alarm or danger as a consequence *discharge of firecrackers or rockets during fiestas or festive occasions are not covered. Reason: to prevent more serious disorders

Art. 156. Delivery of prisoners from jails. The penalty of arresto mayor in its maximum period of prision correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed. If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same penalties shall be imposed in their minimum period.
ELEMENTS: 1. That a person is confined in a jail or a penal institution. 2. That the offenders remove therefrom such person or helps in his escape of such person. *Person confined can be a (a) mere detention prisioner OR (b) convict by final judgment *Includes hospital or asylum as extension of jail *May apply to ANY PERSON : Outsider or Employee of the penal establishment Qualifications (the penalty is higher) - When committed by means of violence, intimidation or bribery

Art. 157. Evasion of service of sentence. The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period.
ELEMENTS: 1. That the offender is a convict by final judgment. 2. That he is serving his sentence consisting of a deprivation of liberty 3. That he evades service of his sentence by escaping from the penal establishment during the term of his sentence escape = to flee from; to avoid; to get out of the way as to flee to avoid arrest *Final judgment is necessary *not applicable when detained pending the investigation or when the case is on appeal or when sentence is by deportation Qualifying circumstances: If the evasion of escape takes place 1. by means of a lawful entry 2. by breaking doors, windows, gates, walls, roofs or floors 3. by using picklocks, false keys, disguise, deceit, violence or intimidation 4. connivance with other convicts or employees of the penal institution

Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. A convict who shall evade the service of his sentence, by leaving the penal institution where he shall have been confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. Convicts who, under the circumstances mentioned in the preceding paragraph, shall give themselves up to the authorities within

the above mentioned period of 48 hours, shall be entitled to the deduction provided in Article 98.
ELEMENTS: 1. That the offender is a convict by final judgment, serving his sentence in a penal institution. 2. That there is a disorder resulting from: (a) conflagration (b) earthquake (c) explosion (d) similar catastrophe or (e) mutiny in which he has not participated. 3. That the offender evades sentence by leaving the penal institution where he is confined on the occasion of such disorder or mutiny 4. That the offender fails to give himself up to the authorities within 48 hours from the issuance of the proclamation by the Chief Executive of the passing away of such calamity. Mutiny = implies an organized lawful resistance to a superior officer; a sedition; a revolt *What is punished is the offender not being able to give himself up to the authorities within 48 hours.

Art. 159. Other cases of evasion of service of sentence. [VIOLATION OF CONDITIONAL PARDON] The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence.
ELEMENTS: 1. That the offender was a convict 2. That he is granted a conditional pardon by the Chief Executive 3. That he violated any of the conditions of such pardon Conditional pardon = contract between the Chief Executive, who grants pardon, and the convict, who accepts it. In the contract the pardoned convict is bound to fulfill its conditions and accept all its consequences, not as he chooses, but according to its strict terms. Penalty: Prission correccional (min) penalty remitted <6 years Unexpired term penalty remitted is >6 years *Condition extends to special laws *Offender must be found guilty of the subsequent offense

Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency.
Quasi-recidivism = a special aggravating circumstance where a person, having been convicted by final judgment, shall commit a new felony while serving the same. (Penalty: maximum period of the penalty for new felony) ELEMENTS: 1. That the offender was already convicted by final judgment of one offense 2. That he committed another new felony before beginning the service of his sentence or while serving the same. First crime: Any crime special law or felony Second crime: exclusively must be a felony; need not be of different character from the first crime

Title Four: Crimes Against Public Interest Chapter 1: Forgeries Section 1: Forging the Seal of the Government of the Philippine Islands, the Signature and Stamp of the Chief Executive Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive. The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive.
Acts: 1. 2. 3. Forging the Great Seal of the Philippines Forging the signature of the Chief Executive Forging the Stamp of the Chief Executive

Art. 162. Using forged signature or counterfeit seal or stamp. The penalty of prision mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article.
ELEMENTS: 1. That the Great Seal of the Philippines is counterfeited or the signature or stamp of the President is forged. 2. That the offender knows of the counterfeiting or forgery 3. That he uses the counterfeit seal or the forged signature or stamp *the offender is not the forger

Section 2: Counterfeiting Coins Art. 163. Making and importing and uttering false coins. Any person who makes, imports, or utters, false coins, in connivance with counterfeiters, or importers, shall suffer: 1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if the counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines of ten centavo denomination or above. 2. Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of the Philippines or of the Central Bank of the Philippines below ten-centavo denomination. 3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the counterfeited coin be currency of a foreign country. (As amended by R.A. No. 4202, approved June 19, 1965).
ELEMENTS: 1. That there are false or counterfeited coins. 2. That the offender: makes, imports or utters such false or counterfeited coins 3. That in the case of uttering such false or counterfeited coins, the offender connived with the counterfeiter or the importer. Coin = is a piece of metal stamped with certain marks and made current at a certain value. FALSE OR COUNTERFEITED COIN: - if it is forged - if it is not authorized by Government as legal tender, regardless of intrinsic value - if it is spurious there must be an imitation of the design of the genuine coin Counterfeiting = imitation of a legal or genuine coin. Import = to bring to port; complete before entry at the customs Utter = to pass counterfeited coins; delivery or act of giving away

Kinds of coins: 1. Silver coin of the Phils or coin of the Central Bank 2. Coin of the minor coinage 3. Coin of a foreign country *FORMER coins withdrawn from circulation may be counterfeited BECAUSE there is possibility that the counterfeiter my apply the trade of making coins in actual circulation to protect the public in general *includes all moneda = those of legal tender as well as those out of circulation

Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. The penalty of prision correccional in its minimum period and a fine not to exceed P2,000 pesos shall be imposed upon any person who shall mutilate coins of the legal currency of the United States or of the Philippine Islands or import or utter mutilated current coins, or in connivance with mutilators or importers.
Acts punished: 1. Mutilation of coins of legal currency with the further requirement of intent to damage or defraud another. 2. Importation or Utterance of mutilated coins, with the further requirement of connivance with the mutilator or importer in case of uttering. Mutilation = means to take off part of the metal either by filing it or substituting it for another metal of inferior quality; to diminish by ingenuous means the metal in the coin. = to take advantage of the metal, thus diminishes its intrinsic value !!! coin MUST BE LEGAL TENDER IN MUTILATION *coins of foreign country not included

Art. 165. Selling of false or mutilated coin, without connivance. The person who knowingly, although without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles.
ELEMENTS: POSSESSION OF MUTILATED OR COUNTERFEITED COIN BY ANOTHER PERSON 1. Posession 2. With intent to utter 3. Knowledge ELEMENTS: ACTUALLY UTTERING 1. Actually uttering 2. Knowledge *Does NOT REQUIRE that the coin is legal tender *Constructive Possession included = not only actual, physical possession or constructive possession, meaning subject to ones control. *Article punishes mere holding of the false or mutilated coin with intent to utter.

Section 3: Forgery Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and uttering such false or forged notes and documents. The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes, shall be punished as follows: 1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the document which has been falsified, counterfeited, or altered, is an obligations or security of the United States or of the Philippines Islands. The

2. 3. 4.

word "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds, certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States or of the Philippine Islands, and other representatives of value, of whatever denomination, which have been or may be issued under any act of the Congress of the United States or of the Philippine Legislature. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or counterfeited document was issued by a foreign government. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor.

Acts punishable: 1. Forging or falsification of treasury or bank notes or other documents payable to bearer 2. Importation of such false or forged obligation or notes 3. Uttering of such false or forged obligation or notes IN CONNIVANCE with the forgers or importers. ART. 169 FORGING FALSIFICATION By giving treasury or bank note or any By erasing, substituting, counterfeiting instruments payable to bearer or to or altering any figures, letters, words or order, the appearance of a true and signs contained therein genuine document To make false instrument intended to be passed for a genuine one importation = to bring to the Philippines uttering false or forged obligations or notes = offering them, knowing them to be false or forged, whether accepted or not, with a representation that they are genuine and with intent to defraud. payable to bearer = when can be negotiated by mere delivery national bank notes = money bills issued by Central Bank WHY IS THIS PUNISHED SEVERELY: - tends to bring documents to discredit, produces lack of confidence on the part of the holders to the prejudice of the interests of society and State. - Easier to forge certificates, notes, documents than counterfeit coins AND profit is greater

Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer. Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prision correccional in its medium and maximum periods and a fine not exceeding P6,000 pesos.
ELEMENTS: 1. That there be an instrument payable to order or other document of credit not payable to bearer. 2. That the offender either: forged, imported or uttered such document 3. That in case of uttering, he connived with the forger or importer. payable to order = it is drawn payable to the order of a specified person or to him or his order; negotiated by indorsement and delivery REASON: maintain integrity of the currency and thus insure the credit standing of the government and prevent the imposition on the public and the government of worthless notes.

Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles.
ELEMENTS: 1. That a treasury or bank note or certificate or other obligations and securities payable to bearer or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. 2. That the offender knows that any of those instruments is forged or falsified. 3. That he performs any of the following acts (a) Possess with intent to use any of such forged or falsified instrument (b) Using any of the false or falsified document To prove a bank note is forged --- through evidence, bank note questioned does not check with the genuine one issued with the same number

Art. 169. How forgery is committed. The forgery referred to in this section may be committed by any of the following means: 1. By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned therein, the appearance of a true genuine document. 2. By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein. Art. 170. Falsification of legislative documents. The penalty of prision correccional in its maximum period and a fine not exceeding P6,000 pesos shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council.
*Bill, resolution or ordinance must be genuine = does not include fabricated or simulated document *ANY PERSON can be the offender as long as he has no proper authority *Act is LIMITED TO ALTERING which changes its meaning

Art. 172. Falsification by private individual and use of falsified documents The penalty of prision correccional in its medium and maximum periods and a fine of not more than P5,000 pesos shall be imposed upon: 1. Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document; and 2. Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article. Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree.
*includes all acts of falsification in Art. 171 except Paragraph 7 4 KINDS OF DOCUMENTS: (1) Public document = created, executed or issued by a public official in response to the exigencies of the public service or in the execution of which a public official intervened. = any instrument authorized by a notary public or a competent public official with solemnities required by law (2) Official document = issued by a public official in the exercise of the functions of his office (e.g. receipts of assessments and collections, burial permit, official receipt, official cashbook) (3) Private document = executed by a private person without the intervention of a notary public or other persons legally authorized (4) Commercial document = defined and regulated by the Code of Commerce; used by merchants or businessmen to promote or facilitate trade. (e.g. quedans, customers order, bank checks, cash files, deposit slips, bank statements, journals, books, ledgers, letters of credit, airway bills)

 NOT public/official/commercial documents: - Cash disbursement vouchers - Last wills and testaments - Mere blank form of an official document *What is punished: Violation of public faith and the Destruction of truth *Defense: lack of malice or criminal intent in falsification of a public document [PARAGRAPH 2] in falsification of a private document: With the intent to cause such damage = - offender must have counterfeited - he must have performed an independent act which prejudice a third person *damage is not material ; profit or hope to profit is not necessary. COMPLEX CRIMES: *Only falsification of public, official or commercial documents can form a complex crime (e.g. Estafa, Malversation, Theft) BECAUSE the before the falsified document is used to defraud another, the Falsification is already consummated, damage not being an element. Actually using the falsified document to defraud or damage another is a new felony (can be Estafa) committed by means of Falsification. THUS, FALSIFICATION IS ONLY A NECESSARY MEANS TO COMMIT ESTAFA. *Private documents there must be intent to defraud in falsification of a private document, therefore the damage caused is consummated by just the crime of falsification/ the immediate effect of falsification of private documents is the same as estafa. THUS, THERE IS NO COMPLEX CRIME OF ESTAFA THROUGH FALSIFICATION OF A PRIVATE DOCUMENT & NO FALSIFICATION OF PRIVATE DOCUMENT THROUGH RECKLESS IMPRUDENCE. KEY DIFFERENCE BET FALSIFICATION OF PUBLIC OR OFFICIAL DOCUMENTS with PRIVATE DOCUMENTS: Public or official Private The principal thing punished is the violation Prejudice to a third party is primarily of public faith and the perversion of truth taken into account which the document solemnly proclaims If there is no intention to cause it, falsification is not punishable [PARAGRAPH 3] How to prove knowledge of the falsified document in an offender who Uses false documents: 1. That the evidence shows that the look of the falsified document appears to be blatantly irregular, attesting to it not being genuine. 2. When the attention is called and the offender tries to conceal or insist or virtually attest to the authenticity of the said document 3. If the offender is privy to the document and he should have known the falsity 4. That the user could have benefitted differently from the false document or if there is damage done User is DEEMED AUTHOR when: 1. the use was so closely connected in time with the falsification 2. he has the capacity to falsify the document

Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages. The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee of the Government or of any private corporation or concern engaged in the service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same. Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice, shall suffer the penalty next lower in degree.

Art. 174. False medical certificates, false certificates of merits or service, etc. The penalties of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed P1,000 pesos shall be imposed upon: 1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a false certificate; and 2. Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances. The penalty of arresto mayor shall be imposed upon any private person who shall falsify a certificate falling within the classes mentioned in the two preceding subdivisions.
Persons liable: 1. Physicial or surgeon 2. Public officer 3. Private individual

Art. 175. Using false certificates. The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article. Art. 176. Manufacturing and possession of instruments or implements for falsification. The penalty of prision correccional in its medium and maximum periods and a fine not to exceed P10,000 pesos shall be imposed upon any person who shall make or introduce into the Philippine Islands any stamps, dies, marks, or other instruments or implements intended to be used in the commission of the offenses of counterfeiting or falsification mentioned in the preceding sections of this Chapter.chan robles virtual law library Any person who, with the intention of using them, shall have in his possession any of the instruments or implements mentioned in the preceding paragraphs, shall suffer the penalty next lower in degree than that provided therein. Art. 177. Usurpation of authority or official functions. Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prision correccional in its minimum and medium periods.
*there must be positive, express or explicit representation *mere not denying does not amount to a crime committed *may also be violated by a public officer Additional penalty: Usurping the authority of diplomatic or consular or any other official of a foreign government WITH intent to defraud such foreign government or Phil. government

Art. 178. Using fictitious name and concealing true name. The penalty of arresto mayor and a fine not to exceed 500 pesos shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage. Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not to exceed 200 pesos.
Fictitious name = any other name which a person publicly applies to himself without authority of law *damage must be to public interest (e.g. signing fictitious name in a passport application) Difference bet. USING FICTITIOUS NAME and CONCEALING: Publicity and the Purposes

Art. 179. Illegal use of uniforms or insignia. The penalty of arresto mayor shall be imposed upon any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of which he is not a member.
*not punishable when imaginary group/office ; when used in a play, theater or movie *exact imitation is not necessary. Important is the effect it causes to the perception of other people ; colorable resemblance calculated to deceive a common run of people RA No. 75 : Uniform, decoration or regalia of a foreign State RA No. 493: Insignia, badge or emblem of rank if the members of Armed Forces or Police EO No. 297: Illegal manufacture, sale, distribution and use of PNP uniforms, insignias and other accoutrements

Art. 180. False testimony against a defendant. Any person who shall give false testimony against the defendant in any criminal case shall suffer: 1. The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death; 2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion temporal or reclusion perpetua; 3. The penalty of prision correccional, if the defendant shall have been sentenced to any other afflictive penalty; and 4. The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted. In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a fine not to exceed 1,000 pesos.
False testimony = committed when being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it. NATURE: Falsehood; reprehensible esp in judicial proceedings because it constitutes an imposition upon the court and seriously exposes it to miscarriage of justice. Therefore, punishes even when testimony is not considered by the Court.

Art. 181. False testimony favorable to the defendants. Any person who shall give false testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period a fine not to exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case.
*Punished because of tendency to favor or prejudice the defendant. *False testimony by negative statement is in favor of the defendant *Need not directly influence the decision or the acquittal nor it needs to benefit the defendant *Conviction or acquittal is not necessary

Art. 182. False testimony in civil cases. Any person found guilty of false testimony in a civil case shall suffer the penalty of prision correccional in its minimum period and a fine not to exceed 6,000 pesos, if the amount in controversy shall exceed 5,000 pesos, and the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not to exceed 1,000 pesos, if the amount in controversy shall not exceed said amount or cannot be estimated.

Art. 183. False testimony in other cases and perjury in solemn affirmation. [PERJURY] The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person, who knowingly makes untruthful statements and not being included in the provisions of the next preceding articles, 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 so requires. Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein.
OATH = any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully. It involves the idea of calling on to God to witness what is averred as truth and it is supposed to be accompanied with an invocation of His vengeance or a renunciation of His favor, in the event of falsehood AFFIDAVIT = sworn statement in writing; declaration in writing, made upon oath before an authorized magistrate or officer *falsity must first be established Material Matter Relevant Pertinent = main fact which is the subject of the inquiry or Tends in any reasonable degree to establish the Concerns collateral matters which make more any circumstance which tends to prove that fact probability or improbability of a fact in issue or less probable the proposition at issue = any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of inquiry or which legitimately affects the credit of any witness who testifies *no perjury if not material matter *assertion must be willful and deliberate *Defense: Good faith or lack of malice *affidavits required by law: e.g. petition for receivership, complaint for ejectment, application for marriage license Subornation of Perjury = knowingly and willfully procuring another to swear falsely and the witness suborned does testify under circumstances

Art. 184. Offering false testimony in evidence. Any person who shall knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section.

Art. 185. Machinations in public auctions. Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned.
*consummated by mere solicitation or mere attempt *person who agrees to pay or give gives the gift will be PRINCIPAL of the crime. *includes other artifice = tricks (e.g. announcing a different date) REASON: Execution sales should be opened to free and full competition in order to secure maximum benefit for the debtors.

TITLE TEN: CRIMES AGAINST PROPERTY

Art. 293. Who are guilty of ROBBERY
ROBBERY taking of personal property with intent to gain by means of violence against, or intimidation of any person or using force upon anything. CLASSIFICATIONS: 1. Robbery with violence against or intimidation of persons (ART. 294, 297 and 298) 2. Robbery by the use of force upon things (ART. 299 and 302) Personal property = must be personal property. If real property, crime is Usurpation. - prohibitive articles may be subject matter of robbery Belonging to another = co-owner or a partner cannot commit robbery or theft; property taken does not belong to the offender BUT the person whom the property is taken need not be the owner. Posession is sufficient. = if robbery with homicide name of owner is essential BUT not in robbery with intimidation or violence / force upon things unlawful taking --- taking must be against the will of the owner. complete when: 1. Robbery with violence against or intimidation against persons moment the offender gains possession, even if theres no opportunity to dispose 2. Robbery with force upon things thing must be taken out of the building (e.g. bodega) to be consummated taking = depriving the offended party the ownership of the thing taken with the character of permanency. intent to gain = presumed from the unlawful taking of personal property (general rule) = an internal act so it must be proved by the circumstances surrounding the comission of the offense OR confession of the accused *without intent to gain = taking of a personal property is GRAVE COERCION violence or intimidation = must be against the offended party and not the thing taken bag snatching is theft but if there is already pushing and intimidation, it becomes robbery intimidation = when it causes fear or fright of the victim (threat of arrest, pointing a gun or knife) = must be present before the taking of the personal property is complete BUT not necessary that it is present from the very beginning = if violence came AFTER taking --- 2 crimes: theft and slight physical injuries EXCEPTION: When robbery is complexed with (1) homicide (2) rape (3) intentional mutilation (4) any serious physical injuries = still ROBBERY COMPLEXED WITH ___ even if taking was already complete when the violence was inflicted using force upon anything = offender must: (1) entered a house or building OR (2) breaking wardrobes, chests or any other kind of locked or sealed furnitureor receptacle inside an inhabited house, public building or an edifice devoted to religious worship OR (3) by taking such furniture or objects away to be broken or forced open outside [more on ART. 302] EFFECTS OF Violence against / intimidation of person Force upon things Taking is always robbery Taking is robbery only when force is used to enter the building or to break doors, wardrobes, etc or Penalty depends: Penalty depends: 1. on the result of the violence 1. on the value of property 2. on the existence of intimidation 2. won the offenders carry arms 3. (uninhabited building) on the value of property taken If there is both violence and force = Robbery with violence against or intimidation of persons ELEMENTS: 1. That there be (1) personal property (2) belonging to another 2. That there is (3) unlawful taking of that property 3. That the taking must be (4) with intent to gain 4. That there be violence against or intimidation of any person or force upon anything (1 & 4 must concur)

Art. 294. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS

PENALTIES: When by reason or on occasion of the robbery Reclusion perpetua to death Homicide, rape, intentional mutilation, arson Reclusion temporal (med) to reclusion perpetua Physical injuries (sub. 1) Reclusion temporal Physical injuries (sub 2) (loss of speech, power to hear or smell or the loss of an eye, hand, foot, arm or leg /any member or incapacity for work) Prision mayor (max) to reclusion temporal (med) Violence or intimidation employedwas to a degree clearly unneccesary for the commission of the crime OR offender inflicted upon any person not responsible for its commission any of the phusical injuries (sub. 3 and 4) Prision correccional (max) to prision mayor (med) Other cases simple robbery Acts punished: 1. Homicide 2. Rape or intentional mutilation or arson 3. Physical injuries = insanity, imbecility, impotency or blindness 4. Physical injuries = loss of speech, power to hear or smell or the loss of an eye, hand, foot, arm or leg /any member or incapacity for work 5. Violence or intimidation clearly unneccesary 6. Inflicted upon any person not responsible for the commission of the robbery any physical injuries = deformed, loses any other member of body, becomes ill or incapacitated for work for more than 90 days or for more than 30 days = when inflicted upon another robber, offender is liable for 2 crimes robbery and physical injuries 7. Intimidation only, does not cause any serious physical injuries. *ART. 48 applies only when a complex crime is not punished with specific penalty on occasion / by reason = must be committed in the course of OR because of robbery ROBBERY WITH HOMICIDE When the ORIGINAL INTENT/DESIGN comprehends robbery, and homicide is perpetrated by reason or on occasion of the consummation of the robbery, even though the homicide precedes robbery When there is a direct relation, an intimate connection between the robbery and the killing even if the killing is prior to, concurrent with or subsequent to robbery If the initial intent was robbery, immaterial that the offenders also wanted revenge even if the death is by accident even if the person killed is also another robber if robbery not proved, crime is homicide | if homicide is not proved, crime is robbery 2 DISTINCT OFFENSES Original design was NOT to commit robbery but robbery is committed AFTER the homicide as an afterthought and minor incident in the homicide (Homicide/murder AND theft) ROBBERY WITH HOMICIDE homicide = generic sense to include parricide and murder; all homicides and murders are merged in the composite, integrated whole that is robbery with homicide so long as all the killings were perpetrated by reason or on the occasion of robbery If committed by a band? Still robbery with homicide + generic aggravating circumstance of by a band Physical injuries also absorved if committed apart from robbery and homicide NO crime of robbery with murder: Treachery cannot be qualifying because crime charged is a SPECIAL CRIME of ROBBERY WITH HOMICIDE = merely a generic aggravating circumstance ROBBERY WITH RAPE - offender must have the intent to take personal property belonging to another with intent to gain | such intent must precede rape

People v. Mangulabnan - robbery, ceiling accident = robbery with homicide

- rape should not be the primary objective - even if rape is committed in another place NO Robbery with attempted Rape = cannot be a complex crime because robbery is not a necessary means to commit rape and vice versa Additional rapes will not increase penalty = all acts of rape on one occasion being integrated in one composite crime Rape and homicide co-exist with robbery = Robbery with homicide, rape considered as an aggravating circumstance ROBBERY WITH INTIMIDATION intimidation = causing or creating a fear in the mind of a person in bringing in a sense of mental distress in view of a risk or evil that may be impeding really or in imagination ; such fear of injury to person or property must continue to operate on the mind of the victim at the time of the delivery of the money Robbery thru intimidation Threats - intimidation is actual and immediate - intimidation is conditional or future - personal - may be through intermediary - directed only to the person of the victim - may refer to the person, honor or property of the offended party - gain is immediate - gain is not immediate Robbery with violence Grave coercion - violence is used by offender - violence is used by offender - there is intent to gain - intent to gain is not an element *purpose of the accused is controlling

Art. 295. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE, AND BY A BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY.
IF THE FOLLOWING HAS BEEN COMMITTED Robbery with: Reclusion temporal Physical injuries (sub 2) (loss of speech, power to hear or smell or the loss of an eye, hand, foot, arm or leg /any member or incapacity for work) Prision mayor (max) to reclusion temporal (med) Violence or intimidation employedwas to a degree clearly unneccesary for the commission of the crime OR offender inflicted upon any person not responsible for its commission any of the phusical injuries (sub. 3 and 4) Prision correccional (max) to prision mayor (med) Other cases simple robbery 1. in an uninhabited place 2. by a band 3. attacking a moving train, street car, motor vehicle or airship 4. entering the passengers compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances; or 5. on a street, road, highway, or alley and the intimidation is made with the use of firearms = maximum periods of the proper penaties in Art. 294 qualifying circumstances must be alleged in the information cannot be offset by generic mitigating Not applicable to: Robbery with homicide Robbery with rape Robbery with physical injuries under sub. 1 qualifying circumstances are all treated as generic aggravating circumstance

Art. 315 SWINDLING/ESTAFA

1. UNFAITHFULNESS/ ABUSE OF CONFIDENCE a. Altering the substance, quality or quantity of anything of value b. Misappropriating or converting to the prejudice of another or denying that a thing was received c. Taking undue advantage of the signature of the offended party in blank and by writing any document above such signature to the prejudice of the offended party. FALSE PRETENSES OR FRAUDULENT ACTS PRIOR TO OR SIMULTANEOUS WITH THE COMMISSION OF FRAUD a. Using fictitious name or false pretention (falsely pretending to possess power) b. Altering the quality, fineness or weight of anything pertaining to art or business c. Pretending to have bribed any Government employee d. Postdating a check when offender had no funds or not sufficient e. Obtaining food, refreshment, accomodation with intent to defraud the proprietor or manager THROUGH FRAUDULENT MEANS a. Inducing another by means of deceit to sign any document b. Fraudulent practice to ensure success in gambling c. Removing, concealing or destroying in whole or in part court records or other documents

2.

3.

Abuse of Confidence CONVERSION = to use or dispose anothers property as if it were ones own ; presupposes that a thing is devoted to a purpose or use different from that agreed upon MISAPPROPRIATING = to own, to take something for ones own benefit df *only kind of estafa which requires FORMAL DEMAND because failure to account upon demand is a circumstantial evidence of misappropriation ; law does not require demand precedent to the act of embezzlement. CONSTRUCTIVE POSSESSION relation between the owner and the thing when the owner is not in actual physical possession where in the owner is still in control and management and that the thing is subject to owners disposition ESTAFA WITH ABUSE OF CONFIDENCE Offender receives the thing there is a juridical possission but later misappropriated Usually under a contract / an agreement which the accused could exercise a right of possession or a right to dispose of the object THEFT Offender takes the thing Upon the delivery of the thing to the offender, the owner expects an immediate return of the thing to him (can also be when at the time the offender received the thing, he has already the intent to appropriate) MALVERSATION Offenders are entrusted with funds or property Continuing offense Usually public funds or property Usually a public officer accountable for funds or property Committed by appropriating, taking or misappropriating or consenting or through abandonment or negligence or permitting any other person to take funds or property

ESTAFA WITH ABUSE OF CONFIDENCE Offenders are entrusted with funds or property Continuing offense Funds or property are always private Pruvate individual / public officer not accountable for public funds or property Committed by misappropriating, converting or denying having received the money

False pretentions: - pretending to possess power - pretending to possess influence - pretending to possess qualifications - pretending to possess property or money includes debtor deceiving his creditor - pretending to possess credit - pretending to possess agency - pretending to possess business False pretenses = deceitful words | Fraudulent acts = deceitful acts (characterized by or founded on deceit, trick or cheat)

Art. 327 Malicious Mischief

MALICIOUS MISCHIEF the act of willful damaging of anothers property for the sake of causing such damage due to hate, revenge or other evil motive

TITLE EIGHT: CRIMES AGAINST PERSONS

246: PARRICIDE
1. 2. 3. - - - - - That a person is killed. That deceased is killed by the accused That the deceased is: father mother child (legitimate or illegitimate) other ascendant or other ascendant (legitimate) legitimate spouse of the accused

248: MURDER
1. 2. 3. (1) That a person was killed That the accused killed him Killing was attended by any of the following QUALIFYING CIRCUMSTANCES: TREACHERY [taking advantage of superior strength, aid of armed men, employing means to weaken defense or to insure or afford impunity] In CONSIDERATION of a price, reward or promise. MEANS OF inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin. On OCCASION of any of the CALAMITIES in the preceding paragraph, or of an earthquake, eruption, destructive cyclone, epidemic or any other public calamity With EVIDENT PREMEDITATION With CRUELTY [deliberately and inhumanly augmenting the suffering of the victim or outraging or scoffing at his person or corpse] The kiling is not parricide or infanticide.

249: HOMICIDE
1. 2. 3. 4. That a person was killed That the offender killed him without any justifying circumstance That the accused had the intention to kill, which is presumed That the killing was not attended by any of the qualifying circumstances of murder, parricide or infanticide victiim under age 12 --- reclusion perpetua use of unlicensed firearm is an aggravating circumstance

255: INFANTICIDE
killing of any child less than three days of age, whether the killer is the parent, grandparent any other relative of the child or a stranger 1. That the child was killed 2. That the deceased child was less than three days (72 hours) of age 3. Accused killed the said child * mitigated when mother and maternal grandparents kill inorder to conceal dishonor

(2) (3)

*relationship must be alleged in the information *liability of a stranger homicide or murder When not punished by reclusion perpetua to death: 1. through negligence 2. by mistake 3. under exceptional circumstances (247)

(4)

(5) (6)

4.

RULES: 1. One circumstance is needed to qualify + others will be generic aggravating 2. Circumstances absorbed or included, cannot be another generic aggravating 3. qualifying circumstances must be alleged, if not: homicide + generic aggravating Evident premeditation: 1. time when the offender determined to kill the victim. 2. Act when offender manifestly clung to his plan 3. Sufficient lapse of time between the determination and execution of killing Cruelty: 1. injuries or wounds inflicted deliberately 2. not necessary for killing 3. victim must be alive

ART. 247: Death or physical injuries inflicted under exceptional circumstances

surprises to come upon suddenly and unexpectedly not applicable when the accused did not see his spouse/daugher under 18 years of age in the act of sexual intercourse enough that the circumstances show reasonably that the carnal act is being committed or has just been committed discover, escape, pursuit and the killing must form part of the continous act must be direct product of the accuseds rage

256: INTENTIONAL ABORTION

257: UNINTENTIONAL ABORTION

258: ABORTION BY THE WOMAN HERSELF OR BY HER PARENTS

1. 2. 3. That there is a pregnant woman who has suffered an abortion That the abortion is intended That the abortion is caused by a. The pregnant woman herself b. Another person with her consent c. Any of her parents with her consent for the purpose of concealing dishonor

259: ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES

1. 2. 3. That there be a pregnant woman who has suffered an abortion That the abortion is intended That the offender, who must be a physician or midwife causes or assists in causing, the abortion That said physician or midwife takes advantage of his or her scientific knowledge or skill

1. 2.

3.

4. Abortion willful killing of the foetus in the uterus or the violent expulsion of the foetus from the maternal womb which results in the death of the foetus 1. Using any violence upon pregnant woman 2. Acting (administering drugs or beverages) without the consent of the woman 3. Acting with the consent of the woman

That there is a pregnant woman That the violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman That as a result of the use of violence, or drugs or beverages upon her, or any other act of the accused, the foetus dies, either in the womb or after having been expelled therefrom That the abortion is intended.

1. 2. 3. 4.

* The accused must have known of the pregnancy

There is a pregnant woman That violence is used upon such pregnant woman without intending an abortion That the violence is intentionally exerted That as a result of the violence the foetus dies, either in the womb or after being expelled therefrom.

4.

263: SERIOUS PHYSICAL INJURIES

1. 2. 3. 4. wounding beating assaulting administering injurious substance

265. LESS SERIOUS PHYSICAL INJURIES

1. 2. incapacitated for labor for 10 days or more but not more than 30 days OR needs medical attendance must not be those described in the preceding articles

266. SLIGHT PHYSICAL INJURIES AND MALTREATMENT

1. 2. 3. incapacitated the victim for labor from 1 9 days or required medical assistance during the same period did not prevent the offended party from engaging in his habitual work OR did not require medical attendance ill treatment even without injury.

PAR. 1 person becomes insane, imbecile, impotent or blind PAR. 2 (a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, foot, an arm or a leg (b) loses the use of any such member

Qualified by 1. insulting or offending the victim 2. adding ignominy 3. parents, ascendants guardians curators or teachers are the victim

 (c) becomes incapacitated for the work in which he was theretofore habitually engaged, in the consequence of the physical injuries PAR.3 (a) becomes deformed (b) loses any other member of his body (c) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days in consequence of PAR. 4 ill or incapacitated for labor for more than 30 days

4.

rank or persons in authority

TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

ART. 282. GRAVE THREATS

By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the OFFENDER ATTAINED HIS PURPOSE 1. That the offender threatens another person with the infliction upon the latters person, honor or property or that of his family, of any wrong 2. Such wrong amounts to a crime 3. That there is a demand for money or that any other condition is imposed, even though not unlawful 4. That the offender attains his purpose *Circumstance qualifying: if threat is made through writing or thorugh a middleman By making such threat without the offender attaining his purpose. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. 1. That the offender threatens another person with the infliction upon the latters person, honor or property or upon that of the latters family, of any wrong. 2. That such wrong amounts to a crime 3. That the threat is not subject to a condition

ART. 283. LIGHT THREATS

1. 2. 3. 4. Offender makes a threat to commit a wrong That the wrong does not constitute a crime That there is a demand for money or that other condition is imposed even though not unlawful That the offender has attained his purpose or that he has not attained his purpose

**HERE, THE THREAT TO BE COMMITTED DOES NOT AMOUNT TO A CRIME

ART. 285. OTHER LIGHT THREATS

1. 2. 3. Threatening another person with a weapon or by drawing such weapon in a quarrel, unless in lawful self-defense. By orally threatening another, in the heat of anger, with some harm not constituting a crime, without persisting the idea involved in his threat By orally threatening to do another any harm not constituting a felony

ART. 286. GRAVE COERCIONS

By preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong 1. That a person prevented another from doing something not prohibited by law or that he compelled him to do something against his will, be it right or wrong. 2. That the prevention or compulsion be effected by violence, threats or intimidation; and 3. That the person that restrained the will and liberty of another had not the authority of law or the right to do so, or in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

ART. 287. LIGHT COERCIONS

1. 2. 3. That the offender must be a creditor That he seizes anything belonging to his debtor That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation That the purpose of the offender is to apply the same to the payment of the debt.

4. UNJUST VEXATION - if taking is by deceit and misrepresentation - involves any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person - whether the offenders act caused ANNOYANCE, IRRITATION, VEXATION, TORMENT, DISTRESS OR DISTURBANCE TO THE MIND OF THE PERSON IT IS DIRECTED

TITLE ELEVEN: CRIMES AGAINST CHASTITY

ART. 336: ACTS OF LASCIVIOUSNESS ART. 337: QUALIFIED SEDUCTION ART. 338: SIMPLE SEDUCTION ART. 339: ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY
1. 2. 3. That the offended party is over 12 and under 18 years of age. That she must be of good reputation, single or widow That the offender has sexual intercourse with her. That it is commited by means of deceit 1. 2. That the offender commits acts of lasciviousness or lewdness. That the acts are committed upon a woman who is a virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age. That the offender accomplishes the acts by abuse of authority, confidence, relationship or deceit.

1. 2. 3. That the offender commits any act of lasciviousness or lewdness That the act of lasciviousness is committed against a person of either sex That it is done under any of the following circumstances a. By using force or intimidation b. When the offended party is deprived of reason or unconscious c. By means of fraudulent machinations or abuse of confidence d. When the victim is less than 12 years old or is demented

LEWD obscene, lustful, indecent, lecherous; form of immorality which has a relation to moral impurity or carried in a wanton manner *presence of lewd designs is inferred from the nature of the acts and the environmental circumstances *must be committed with the circumstances the same with rape *always remember that this is committed with the same circumstances as RAPE, if not, may be UNJUST VEXATION ONLY.

SEDUCTION means enticing a woman to unlawful sexual intercourse by promise of marriage or by other menas of persuasion without use of force *contemplates consensual sex for minors *when a minor = presumed to be deceitful Seduction of a virgin over 12 yrs old and under 18 yrs old by certain persons (persons in authority, priest, teacher, etc.) Seduction of a sister by a brother, or descendant by her ascendant, regardless of age or reputation QUALIFIED SEDUCTION OF A VIRGIN 1. That the offended party is a virgin, which is PRESUMED if she is unmarried and of good reputation. 2. Over 12 and under 18 years old 3. That the offender has sexual intercourse with her 4. There is abuse of authority, confidence or relationship on the part of the offender *crime is punished because of the character of the person committing the crime using excess of power or abuse of confidence

4. *deceit usually is in the form of unfulfilled promise of marriage *if virginity from qualified seduction is absent = simple seduction **a virgin is a person of good reputation but a person of good reputation is not always a virgin

3.

ART. 342: FORCIBLE ABDUCTION

1. 2. 3. Person abducted is ANY WOMAN, REGARDLESS OF HER AGE, CIVIL STATUS OR REPUTATION Abduction is against her will That the abduction is with lewd designs.

ART. 343: CONSENTED ABDUCTION

1. 2. 3. 4. The offended party must be a VIRGIN That she is over 12 and under 18 years old That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender That the taking away must be with lewd designs

*under 12, even if voluntary, still forcible abduction *Rape may absorb forcible abduction if the main purpose was to rape the victim

Where age and reputation of a woman is IMMATERIAL: 1. Rape 2. Acts of lascivousness against the will or without the consent of the offended party 3. Qualified seduction of sister or descendant 4. Forcible abduction