lOMoARcPSD|16601013

Art Crime Elements/Acts Persons Penalty Notes

TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Treason - breach of allegiance, must be intentional

Enemies must be subject to a foreign power

Filipino Citizen - Ways of Proving treason:
Elements:
reclusion perpetua to 1. Testimony of 2 witnesses to the same overt
1. Offender is a Filipino citizen or an alien residing in the Filipino citizen
death, 4M fine act (not necessary in adherence, only in aid
Philippines or an alien
114 Treason and comfort)
2. There is a war where Philippines is involved residing in the 2. Confession of the accused in open court
Alien - reclusion
3. Offender either levies war against the govt or adheres to the Philippines
temporal to death, 4M
enemies, giving them aid or comfort Note: Adherence alone does not constitute treason.
fine
There must be an overt act

Treason absorbs other common crimes committed in

furtherance of its goals

Conspiracy - committed when in time of war, 2 or more persons

come to an agreement to levy war against the govt or adhere to the Conspiracy - prisión
Filipino citizen
Conspiracy and enemies and to give them aid or comfort, and decide to commit it. mayor, 2M fine
or an alien
115 Proposal to
residing in the
Commit Treason Proposal - committed when in time of war, a person who has decided Proposal - prisión
Philippines
to levy war against the govt or to adhere to the enemies and to give correccional, 1M fine
them aid or comfort proposes its execution to other people.

Elements:
1. Offender must be owing allegiance to the govt and not a Offender must
Who are the authorities to whom this knowledge
foreigner be owing
Misprision of should be disclosed?
116 2. Has knowledge of any conspiracy against the govt allegiance to Prision mayor
Treason 1. Province - governor and fiscal
3. conceals or does not disclose and make known the same as the govt and not
2. City - mayor and fiscal
soon as possible to the governor or fiscal of the province or a foreigner
mayor or fiscal of the city in which he resides

2 Ways of Committing Espionage: Par 1. - any Prision correcional Espionage - offense of gathering, transmitting, or
1. By entering w/o authority therefor, a warship, for, or naval, or person losing info respecting the national defense with
117 Espionage
military establishment or reservation to obtain any Public officer - Prision intent or reason to believe that the info is to be
information, plans, photographs, or other data of a Par 2 - public mayor used to the injury of the Philippines or to the
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confidential nature relative to the defense of the Philippines. officer advantage of any foreign nation

Elements: Intention to obtain info is NECESSARY in

a. Offender enters any of the places mentioned Paragraph 1
b. He has no authority
c. His purpose is to obtain info, plans, photographs or
other data of confidential nature relative to the
defense of the Philippines

2. By disclosing to the representative of a foreign nation the

contents of articles, data, or information referred in the
previous paragraph which he had in his possession by reason
of the public office he holds

Elements:
a. Offender is a public officer
b. He has in his possession the the articles, data or info
by reason of the public office he holds
c. He discloses their contents to a representative of a
foreign nation

Elements: Private individual -

Inciting to war or 1. Offender performs unlawful or unauthorized acts prision mayor
118 giving motives 2. Such acts provoke or give occasion for a war involving or Any person Note: Committed in time of peace
for reprisals liable to involve the Philippines or expose Filipino citizens to Public officer -
reprisals on their persons or property reclusion temporal

Elements:
1. There is a war in which the Philippines is not involved Can be committed in war and peace
Violation of
119 2. There is a regulation issued by a competent authority for the Any person Prision correccional
neutrality
purpose of enforcing neutrality There should be a regulation enforcing neutrality
3. The offender violates such regulation

Elements:
1. In time of war in which the Philippines is involved a. Prision
Correspondence 2. Offender makes correspondence with an enemy country or Correccional
Note: Govt prohibition is not essential in par 2
120 with Hostile territory occupied by enemy troops Any person b. Prision Mayor
and 3
Country 3. Correspondence is either: c. Reclusion
a. Prohibited by govt Temporal
b. Carried on in ciphers or conventional signs
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c. Has notice or info which might be useful to enemy

Elements:
Offender must
Flight to 1. In time of war in which the Philippines is involved Note: An alien resident may be guilty of this
be owing
121 Enemy’s 2. Offender must be owing allegiance to the govt Arresto Mayor because the law does not say “not being a
allegiance to
Country 3. Offender attempts to flee or go to enemy country foreigner”
the govt
4. Going to enemy country is prohibited by competent authority

2 Ways of Committing Piracy:

1. By attacking or seizing a vessel on the high seas or in
Philippine waters
Reclusion perpetua
2. By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its equipment
Piracy and If considered as Mutiny - committed by the other members of the
122 or personal belongings of its complement or passengers Any person
Mutiny terrorism, 40 yrs of complement or passengers of the vessel
imprisonment w/o
Elements:
benefit of parole
1. Vessel is on the high seas or in Philippine waters
2. Offenders are not members of its complement or passengers
3. Offenders does either of the two acts above

Elements:
1. Whenever the offenders have seized the vessel by boarding
or firing upon the same
Reclusion perpetua to
123 Qualified Piracy 2. Whenever the pirates have abandoned their victims w/o Any person
death
means of saving themselves
3. Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape

TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

<3 days - arresto

mayor max period to
prision correccional
Elements: min period
Any public
Arbitrary 1. Offender is a public officer or employee Note: The crime of arbitrary detention can be
124 officer or
Detention 2. He detains a person >3-15 days - prision committed through imprudence
employee
3. Detention is w/o legal grounds correccional med-max
period

>15 days-6 months -

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prision mayor

>6 months - reclusion

temporal

<3 days - arresto

mayor max period to
prision correccional
Elements: min period Note: if the offender is a private person, the
Delay in the 1. Offender is a public office or employee crime is illegal detention
delivery of 2. He has detained a person for some legal ground >3-15 days - prision
Any public
detained 3. Fails to deliver such person to the proper judicial authorities correccional med-max Arrest must be lawful
125 officer or
persons to the w/i: period
employee
proper judicial a. 12 hrs - crimes/offenses punishable by light penalties Duty of the detaining officer is deemed complied
authorities b. 18 hrs - punishable by correctional penalties >15 days-6 months - with upon the filing of the complaint with the
c. 36 hrs - punishable by afflictive or capital penalties prision mayor judicial authority

>6 months - reclusion

temporal

3 Acts Punishable: <3 days - arresto

1. Delaying the performance of a judicial or executive order for mayor max period to
the release of a prisoner prision correccional
2. Unduly delaying the service of the notice of such order to said min period
prisoner
3. Unduly delaying the proceedings upon any petition for the >3-15 days - prision
Any public
Delaying liberation of such person correccional med-max Wardens and jailers are the public officers most
126 officer or
Release period likely to violate this
employee
Elements:
1. Offender is a public officer or employee >15 days-6 months -
2. There is a judicial or executive order for the release of a prision mayor
prisoner or that there is a proceeding upon a petition for the
liberation of such person >6 months - reclusion
3. The offender, w/o good reason does any of the acts above temporal

2 Acts Punishable:
1. Expelling a person from the Philippines Any public
Only the court by a final judgement can order a
127 Expulsion 2. Compelling a person to change his address officer or Prision correccional
person to change his residence
employee
Elements:
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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. Offender is not authorized to do so by law

Acts Punishable:
1. Entering any dwelling against the will of the owner
2. Searching papers or other effects found therein w/o the
previous consent of such owner Prision correccional Circumstances qualifying the offense:
3. Refusing to leave the premises, after having surreptitiously min period 1. Nighttime
Any public
Violation of entered said dwelling and after having been required to leave 2. Any papers or effects not constituting
128 officer or
Domicile the same Nighttime - prision evidence of a crime are not returned
employee
correccional med-max immediately after the search made by the
Elements: period offender
1. Offender is a public officer or employee
2. He is not authorized by judicial order to enter the dwelling
and/or to make a search therein for papers or other effects

Acts Punishable: Subjects of search warrant:

1. Procuring a search warrant w/o just cause 1. Subject of offense
2. Stolen or embezzled and other fruits of
Elements: offense
1. Offender is a public officer or employee 3. Used or intended to be used as the
Search warrants 2. He procures a search warrant means of committing an offense
Arresto Mayor max
maliciously 3. There is no just cause
Any public period to Prision
obtained, and Requisites of search warrant:
129 officer or Correccional min
abuse in the 2. Exceeding his authority or by using unnecessary severity in 1. Must be issued upon probable cause
employee period and a fine of
service of those executing a search warrant legally procured 2. Must be issued for a single offense
200k pesos
legally obtained 3. The probable cause must be determined
Elements: personally by the issuing judge
1. Offender is a public officer or employee 4. It must contain a particular description of
2. He has legally procured a search warrant the place, persons, or things to be seized
3. He exceeds his authority or uses unnecessary
severity in executing the same Validity of search warrant = 10 days

Elements:
Searching 1. Offender is a public officer or employee Any public Note: Search w/o warrant under the Tariff and
Arresto mayor med-
130 domicile w/o 2. He is armed with search warrant legally procured officer or Customs Code does not include a dwelling
max period
witnesses 3. He searches the domicile, papers, or other belongings of any employee house
person
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4. The owner, or any member of his family, or 2 witnesses

residing in the same locality are not present

Acts Punishable:
1. Prohibiting or interrupting w/o legal ground, the holding of a
peaceful meeting, or by dissolving the same
2. Hindering any person from joining any lawful association or
Prohibition,
from attending any of its meetings
interruption, and Any public
3. Prohibiting or hindering any person from addressing, either Prision correccional
131 dissolution of officer or
alone or together with others, any petition to the authorities min period
peaceful employee
for the correction of abuses or redress of grievances
meetings
Elements:
1. Offender is a public officer or employee
2. He performs any of the acts mentioned above

Prision correccional
Elements:
min period
1. Offender is a public officer or employee Any public
Interruption of
132 2. Religious ceremonies or manifestations of any religion are officer or
religious worship Violence/threats -
about to take place or are going on employee
prision correccional
3. Offender prevents or disturbs the same
med to max period

Elements:
Note: It is not necessary that there is a religious
1. The acts complained of were performed: Arresto mayor max
ceremony going on when the offender performs
Offending the a. In a place devoted to religious worship period to Prision
133 Any person acts notoriously offensive to the feelings of the
religious feelings b. During the celebration of any religious ceremony Correccional min
faithful when done in a place devoted to religious
2. The acts must be notoriously offensive to the feelings of the period
worship
faithful

Art Crime Elements/Acts Persons Penalty Notes

TITLE III: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Elements: Rebellion - object of the movement is to

Leaders - reclusion
1. There be a: completely overthrow and supersede the existing
perpetua
Rebellion or a. Public uprising govt
134 Any person
Insurrection b. Taking arms against the govt
Participants - reclusion
2. The purpose of the uprising is either Insurrection - seeks merely to effect some
temporal
a. To remove from the allegiance to said govt or its laws: change of minor importance or to prevent the
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i. The territory of the Philippines or any part exercise of govt authority with respect to
thereof or; particular matters or subjects
ii. Any body of land, naval, or other armed forces
b. To deprive the Chief Executive or Congress, wholly or Note: Giving aid and comfort is not criminal in
partially, of any of their powers or prerogatives rebellion

Rebellion absorbs other crimes, no art 48

Elements:
1. Offender is a person or persons belonging to the military or Leader - reclusion
police or holding any public office or employment perpetua
2. Committed by means of swift attack accompanied by
Military, police,
134 violence, intimidation, threat, strategy, or stealth Participants - reclusion Note: There must be an active participation,
Coup d’etat public officer or
-A 3. Attack is directed against duly constituted authorities of the temporal max period mere silence or omission is not punishable
employee
Philippines, or any military camp or installation,
communication networks, public utilities or other facilities Private citizen - prision
needed for the exercise and continued possession of power mayor max period
4. Purpose of the attack is to seize or diminish state power

Penalties for
135
134 and 134-A

Coup - prision mayor

min period + 1M fine
Conspiracy and
Military, police,
proposal to Merely agreeing and deciding to rise publicly and take arms against Conspiracy Rebellion -
public officer or No conspiracy when there is no agreement and
136 commit coup the gov’t for the purpose of rebellion or merely proposing the prision correccional
employee no decision to commit rebellion
d’etat, rebellion commission of said acts is already subject to punishment. max period + 1M fine
or insurrection Proposal Rebellion -
Private person
prision correccional
med period + 400k fine

Acts Punished:
Note: Presupposes the existence of rebellion by
Disloyalty of 1. Failing to resist a rebellion by all means in their power
Public officer or Prision correccional other persons
137 Public Officers 2. Continuing to discharge the duties of their offices under the
employee min period
or Employees control of the rebels
*Must not be in conspiracy with the rebels
3. Accepting appointment to office under them

Inciting to Elements:
Prision mayor min
138 rebellion or 1. Offender does not take arms or is not in open hostility against Any person
period
insurrection the govt
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2. He incites others to the execution of any of the acts of

rebellion
3. The inciting is done by means of speeches, proclamation,
writings, emblems, banners, or other representations tending
to the same end

Elements:
1. Offenders rise publicly and tumultuously
2. They employ force, intimidation, or other means outside of
legal methods
3. Offenders employ any of those means for the following
purpose:
a. To prevent the promulgation or execution of any law
or the holding of any popular election Leader - Prision mayor
b. To prevent the nat’l govt or any provincial or municipal min period + 2M fine Public uprising and an object of sedition must
govt or any public officer from freely exercising its or concur
139 Sedition Any person
his functions or to prevent the execution of any Participants - prision
administrative order correccional max Note: Minimum of 4 armed men
c. To inflict any act of hate or revenge upon the person period + 1M fine
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
e. To despoil, for any political or social end, any person,
municipality, or province or the nat’l govt of all its
property or any part thereof

Leader - Prision mayor

min period + 2M fine
Penalty for
140
sedition Participants - prision
correccional max period
+ 1M fine

Conspiracy to There must be an agreement and a decision to rise publicly and Prision correccional
141 Any person Proposal to commit sedition is not punishable
commit sedition tumultuously to attain any of the objects of sedition med period + 400k fine

Acts Punishable: Scurrilous - low =, vulgar, mean, or foul

Inciting to 1. Inciting others to the accomplishment of any of the acts, Prision correccional
142 Any person
sedition which constitute sedition by means of speeches, max period + 400k fine 2 Rules Relative to Seditious Words:
proclamations, writings, emblems, etc. 1. Clear and Present Danger Rule
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2. Uttering seditious words or speeches which tend to disturb 2. The Dangerous Tendency Rule
the public peace
3. Writing, publishing, or circulating scurrilous libels against the
govt or any of the duly constituted authorities therein which
tend to disturb the public peace

Elements:
1. Offender does not take direct part in the crime of sedition
2. He incites others to the accomplishment of any of the acts
which constitute sedition
3. The inciting is done by means of speeches, proclamation,
writings, emblems, cartoons, etc

Elements:
Acts tending to 1. There be a projected or actual meeting of the national
prevent the assembly or any of its committees or subcommittees, con
Prision correccional
143 meeting of com or divisions thereof, or any of the provincial board or city Any person
OR 40k to 400k fine
Assembly and or municipal council or board
similar bodies 2. The offender who may be any person prevents such meeting
by force or fraud

Elements:
1. There be a meeting of the nat’l assembly or any of its
committees or subcommittees, con com or committees or
divisions thereof, or of any provincial board or city or
Note: It must be a meeting of a legislative body
Disturbance of municipal council or board Arresto Mayor OR 40k
144 Any person or of provincial board or city or municipal council
proceedings 2. Offender does any of the following acts: to 200k fine
or board which is disturbed.
a. Disturbs any of such meetings
b. Behaves while in the presence of any such bodies in
such manner as to interrupt its proceedings or to
impair the respect due to it

Acts Punishable:
1. By using force, intimidation, threats, or frauds to prevent any
Prision mayor
member of the Nat’l Assembly from:
Violation of Note: Parliamentary immunity does not protect
a. Attending the meetings of the assembly or of any of its
145 parliamentary Any person Public officer or members of the national assembly from
committees or subcommittees, con com or
immunity employee - prision responsibility before the legislative body itself
committees or divisions thereof
correccional
b. Expressing his opinions
c. Casting his vote
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Elements:
1. Offender uses force, intimidation, threats, or fraud
2. Purpose of the offender is to prevent any member of
the nat’l assembly from:
a. Attending the meetings of the assembly or of
any of its committees or subcommittees, con
com or committees or divisions thereof
b. Expressing his opinions
c. Casting his vote

2. By arresting or searching any member thereof while the nat’l

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:
1. Offender is a public officer or employee
2. He arrests or searches any member of the nat’l
assembly
3. The assembly, at the time of arrest or search, is in
regular or special session
4. The member arrested or searched has not committed
a crime punishable under the Code by a penalty
higher than prision mayor

Acts Punishable:
1. Any meeting attended by armed persons for the purpose of
When there is an actual inciting, the act would
committing any of the crimes punishable under the Code. Leaders - Prision
not be punishable only as inciting to rebellion or
correccional max
inciting to sedition because in illegal assembly,
Requisites: period to Prision
“in which the audience is incited to the
1. There is a meeting, a gathering, or group of persons Mayor med period
commission of” rebellion or sedition, the persons
Illegal whether in a fixed place or moving
146 Any person liable are the organizers or leaders of, and
Assemblies 2. The meeting is attended by armed persons Participants - Arresto
persons merely present at the meeting.
3. The purpose of the meeting is to commit any of the mayor
crimes punishable under this Code.
Whereas in inciting to rebellion or to sedition, the
Armed persons -
person liable is only the one who shall incite
2. Any meeting in which the audience, whether armed or not, is Prision correccional
others.
incited to the commission of the crime of treason, rebellion or
insurrection, sedition, or assault upon a person in authority or
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his agents

Requisites:
1. There is a meeting, a gathering or a group of persons,
whether in a fixed place or moving
2. The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition, or direct assault

Leaders - prision
Acts Punishable:
correccional min and
1. Totally or partially organized for the purpose of committing
Illegal med period + 200k fine
147 any of the crimes punishable under the code Any person
Association
2. Totally or partially organized for some purpose contrary to
Members - Arresto
public morals
Mayor

Acts Punishable: Hitting a policeman in the breast with a fist is not

1. W/o public uprising, by employing force or intimidation for the direct assault - should be more dangerous to civil
attainment of any of the purpose enumerated in defining the society
crimes of rebellion and sedition
Note: The force employed need not be serious
Elements: when the offended party is a person in authority
1. Offender employs force or intimidation
2. Aim of the offender is to attain any of the purposes of The intimidation or resistance must be serious
the crime of rebellion or any of the objects in the crime Prision correccional whether the offended party is an agent only or a
of sedition med and max periods person in authority
3. There is no public uprising + 200k fine
Note: Resistance must be active
148 Direct Assaults Any person
2. W/o public uprising, by attacking or employing force or by If did not lay hand or
seriously intimidating or seriously resisting any persons in no weapon - prision Person in Authority - directly vested with
authority of any of his agents, while engaged in the correccional min jurisdiction to govern and execute the laws
performance of official duties, or on the occasion of such period + 100k fine
performance Agent of person in authority - who, by direct
provision of law or by election or by appointment
Elements: by competent authority, is charged with the
1. Offender makes an attack, employs force, makes a maintenance of public order and the protection
serious intimidation or makes a serious resistance and security of life and property.
2. The person assaulted is a person in authority or his
agent Note: Intent to defy is necessary
3. At the time of the assault the person in authority or his
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agent is engaged in the actual performance of his Qualified Direct Assault:

official duties or that he is assaulted by reason of past 1. With weapon
performance 2. Offender is public officer or employee
4. Offender knows that the one he is assaulting is a 3. Offender lays hands upon a person in
person in authority or his agent in the exercise of his authority
duties
5. There is no public uprising

Elements:
1. A person in authority or his agent is the victim of any of the
Prision correccional
forms of direct assault Note: Indirect assault can be committed only
149 Indirect Assault Any person min and med period +
2. A person came to the aid of such authority or his agent when direct assault is also committed
100k fine
3. The offender makes use of force or intimidation upon such
person

Acts Punishable:
Disobedience to
1. Refusing w/o legal excuse, to obey summons
summons
2. Refusing to be sworn or placed under affirmation while being
issued by the
before such legislative or constitutional body or official
Nat’l Assembly,
3. Refusing to answer any legal inquiry or to produce books,
its committees, Arresto mayor OR 40k
150 papers, documents, or records in his possession, when Any person
by the Con to 200k fine OR both
required by them to do so in the exercise of their function
Comm, its
4. Restraining another from attending as a witness in such
committees,
legislative or constitutional body
subcommittees
5. Inducing disobedience to a summon or refusal to be sworn by
or divisions
any such body or official

Elements (par 1):

1. A person in authority or his agent is engaged in the
performance of official duty or gives a lawful order to the
offender
Resistance and
2. The offender resists or seriously disobeys such person in Arresto Mayor + 100k Resistance - failure to comply with orders directly
disobedience to
authority or his agent fine issued by the authorities
a person in
151 3. The act of the offender is not included in the provisions of art Any person
authority or the
148, 149, and 150 Not serious - Arresto Note: For Par 2, the offended party must be only
agents of such
menor + 2k to 20k fine an agent of a person in authority
person
Elements (par 2):
1. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the
offender
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2. Offender disobeys such agent

3. Such disobedience is not of a serious nature

1. Municipal mayor
Person in Authority - directly vested with
2. Division superintendent of schools
jurisdiction to govern and execute the laws
Persons in 3. Public and private school teachers
Authority and 4. Teacher-nurse
Agent of person in authority - who, by direct
152 Agents - Who 5. President of sanitary division
provision of law or by election or by appointment
shall be deemed 6. Provincial fiscal
by competent authority, is charged with the
as such 7. Justice of peace
maintenance of public order and the protection
8. Municipal councilor
and security of life and property.
9. Barrio captain and barangay chairman

Acts Punishable:
Serious disturbance -
1. Causing any serious disturbance in a public place, office, or
Prisión correccional
establishment
min period + 200k fine
2. Interrupting or disturbing performances, functions or
Tumults and gatherings, or peaceful assemblies if the acts is not included
Tumultuous - Prision Tumultuous - caused by more than 3 persons
other in Arts. 131 and 132
153 Any person mayor who are armed or provided with means of
disturbances of 3. Making any outcry tending to incite rebellion or sedition in any
violence
public order meeting, association or public place
Outcry - Arresto Mayor
4. Displaying placards or emblems which provoke a disturbance
of public order in such place
Pomp - Arresto Menor
5. Burying with pomp the body of a person who has been legally
+ 40k fine
executed

Acts Punishable:
1. Publishing or causing to be published, by means of printing,
lithography or any other means of publication, as news any
false news which may endanger the public order, or cause
damage to the interest or credit of the State
Unlawful use of
2. Encouraging disobedience to the law or to the constituted
means of
authorities or by praising, justifying or extolling any act Arresto Mayor + 40k to Note: The offender must know that the news is
154 publication and Any person
punished by law, by the same means or by words, utterances 200k fine false
unlawful
or speeches
utterances
3. Maliciously publishing or causing to be published any official
resolution or document w/o proper authority or before they
have been published officially
4. Printing, publishing, or distributing books (or causing the
same) books, pamphlets, periodicals, or leaflets which do not
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bear the real printer’s name or which are classified as

anonymous.

Acts Punishable:
1. Discharging any firearm, rocket, firecracker, or other
explosives w/in any town or public place, calculated to cause Charivari - includes a medley of discordant
alarm or danger voices, a mock serenade of discordant voices
2. Instigating or taking an active part in any charivari or other made on kettles, tins, horns etc designed to
Alarms and Arresto menor OR 40k
155 disorderly meeting offensive to another or prejudicial to public Any person annoy and insult.
Scandals fine
tranquility
3. Disturbing the public peace while wandering about at night or Note: Disturbance of serious nature falls under
while engaged in any other nocturnal amusements. Art. 153
4. Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Art 153 is not applicable

Violence, intimidation,
bribery - Arresto
mayor max period to
Prision correccional
min period Note: Includes detention prisoners
Elements:
Delivering
1. There is a person confined in a jail or penal establishment
156 prisoners from Any person Otherwise - Arresto If the offender is a public officer who had the
2. The offender removes therefrom such person or helps the
jail mayor prisoner in his custody, he is liable for infidelity in
escape of such person
the custody of a prisoner (Art 223)
Taking guards by
surprise - same
penalties in minimum
period

Note: Not applicable to sentence executed by

deportation
Elements: Prision Correccional
Qualifying Circumstances:
1. Offender is a convict by final judgement med to max period
1. Unlawful entry
Evasion of 2. He is serving his sentence which consists in deprivation of
157 Any convict 2. Breaking doors, windows, gates, walls,
Service liberty Unlawful entry -
roofs, or floors
3. He evades the service of his sentence by escaping during the Prision Correccional
3. Using picklocks, false keys, disguise,
term of his sentence max period
deceit, violence, or intimidation
4. Through connivance with other convicts
or employees of the penal institution
 lOMoARcPSD|16601013

Elements:
1. Offender is a convict by final judgement
2. There is a disorder arising from:
Evasion of a. Conflagration
Service on the b. Earthquake
Additional 1/5 of the
occasion of c. Explosion
time remaining which Mutiny - implies an organized unlawful resistance
158 disorders, d. Similar catastrophe Any convict
in no case shall to a superior officer; a sedition; a revolt
conflagrations, e. Mutiny in which he has not participated
exceed 6 months
earthquakes, or 3. Offender evades the service of his sentence by leaving the
other calamities penal institution
4. Offender fails to give himself up to the authorities w/in 48 hrs
following the issuance of a proclamation by the Chief
Executive announcing the passing away of such calamity

Note: Condition extends to special laws

Prision correccional
min period Offender must be found guilty of subsequent
Other cases of Elements of the offense of violation of conditional pardon: Previous
offense before he can be prosecuted under Art
evasion of 1. Offender was a convict convict who
159 Penalty higher than 6 159
service of 2. He was granted a conditional pardon by the Chief Executive was granted
years - unexpired
sentence 3. He violated any of the conditions of such pardon pardon
portion of original Offender can be arrested and reincarnated w/o
sentence trial if the president deems it that he failed to
comply with the conditions of the pardon

This article refers to quasi-recidivism.

Commission of
Elements:
another crime The 1st crime for which offender is serving
1. Offender was already convicted by final judgement of one
during service of Convicts of final Penalty for new felony sentence need not be a felony
160 offense
penalty imposed judgement in maximum period
2. He committed a new felony before beginning to serve such
for another Note: Cannot be offset by ordinary mitigating
sentence or while serving the same
previous offense circumstances but can be offset by privilege
mitigating

TITLE IV: CRIMES AGAINST PUBLIC INTEREST

Counterfeiting Great Seal - circular in form, with arms consisting

Acts Punished:
the Great Seal of paleways of two pieces, azure, and gules; a
1. Forging the Great Seal of the Govt of the Philippines
161 of the Govt of Any person Reclusion temporal chief argent studded with 3 golden stars
2. Forging the signature of the president
the Phil Islands, equidistant from each other; in point of honor,
3. Forging the stamp of the president
forging the ovoid argent over the sun rayonnant with eight
 lOMoARcPSD|16601013

signature or minor and lesser rays; in sinister base gules, the

stamp of the Lion Rampant of Spain; in dexter base azure, the
Chief Executive American eagle displayed proper; and
surrounding the whole is a double marginal circle
within which are the words “Republic of the
Philippines”

Elements:
Using forged 1. The Great Seal of the Republic of the Philippines was
signature or counterfeited or the signature or stamp of the Chief Executive Note: The offender under this article should not
162 Any person Prision Mayor
counterfeit seal was forged by another person be the forger
or stamp 2. The offender knew of the counterfeiting or forgery
3. He used the counterfeit sel or forged signature or stamp

Philippine coin - Prision

Elements: Correccional min and
Making and To utter - to pass counterfeited coin
1. There be a false or counterfeited coins med period + 400k fine
importing and
163 2. The offender either made, imported, or uttered such coins Any person
uttering false Foreign - prision Note: Counterfeiting former coins withdrawn from
3. In case of uttering such false or counterfeited coins, he
coins correccional min period + circulation is also punishable
connived with the counterfeiters or importers
200k fine

Acts Punishable:
Mutilation of Mutilation - to take off part of the metal either by
1. Mutilating coins of legal currency with intent to damage or
Coins and filing it or substituting it for another metal of
defraud another Prision Correccional
164 Importation and Any person inferior quality
2. Importing or uttering such mutilated coins, with the further min period + 400k fine
Utterance of
requirement that there must be connivance with the mutilator
Mutilated Coins Note: Coins of foreign countries are not included
or importer in case of uttering

Acts Punishable:
1. Possession of coin, counterfeited or mutilated by another
person with intent to utter the same, knowing that it is false or
mutilated
Selling of false
Note: Possession of or uttering false coin does
or mutilated Elements:
165 Any person Arresto Mayor not require that the counterfeited coin is legal
coin, without 1. Possession
tender except if it is a mutilated coins
connivance 2. With intent to utter
3. Knowledge

2. Actually uttering such false or mutilated coin, knowing the

same to be false or mutilated
 lOMoARcPSD|16601013

Elements:
1. Actually uttering
2. Knowledge

Phil Obli/Security -
Reclusion Temporal
Forging - committed by giving to a treasury or
min period + 2M fine
Forging treasury bank or any instrument payable to bearer or to
or bank notes or order the appearance of a true and genuine
Local note - Prision
other documents Acts Punishable: document
Mayor max period+
payable to 1. Forging or falsification of treasury or bank notes or other
1M fine
bearer; documents payable to bearer Falsification - Committed by erasing, substituting,
166 Any person
Importing, and 2. Importation of such false or forged obligations or notes counterfeiting, or altering by any means, the
Foreign document -
uttering such 3. Uttering such false or forged obligations or notes in figures, letters, words, or signs contained therein
Arresto Mayor med
false or forged connivance with the forgers of importers
period + 1M fine
notes and Note: Uttering forged bill must be with
documents connivance
Foreign note - Prision
Mayor min period +
400k fine

Counterfeiting, Elements:
importing and 1. There be an instrument payable to order or other documents
Prision correccional
uttering of credit not payable to bearer Note: Application of Art 167 is limited to
167 Any person med to max period +
instruments not 2. The offender either forged, imported, or uttered such instruments payable to order
1.2M
payable to instrument
bearer. 3. In case of uttering, he connived with the forger or importer

Elements:
1. Any treasury or bank note or certificate or other obligation or Note: Intent to possess is not intent to use
Illegal security payable to bearer, or any instrument payable to order
possession and or other document of credit not payable to bearer is forged or A person in possession of falsified document and
Penalty next lower in
use of false falsified by another person who makes use of the same is presumed to be
degree that that
168 treasury or bank 2. The offender knows that any of those instruments is forged or Any person material author of falsification
prescribed in 166 and
notes and other falsified
167
instruments of 3. He performs any of these acts: There is no impossible crime of forgery and
credit a. Using any of such forged or falsified instruments falsification because it’s not a crime against
b. Possessing with intent to use any of such forged or persons or property
falsified instruments

169 How forgery is Forgery includes falsification and counterfeiting Note: Also includes forgery of withdrawn or
 lOMoARcPSD|16601013

committed demonetized documents

Elements:
1. There be a bill, resolution or ordinance enacted or approved
Falsification of or pending approval by either house of legislature or any Note: Document must be genuine. A fabricated
Prision correccional
170 legislative provincial board or municipal council Any person or simulated legislative document is not covered
max period + 1.2M fine
documents 2. The offender alters the same by Art 170.
3. He has no proper authority therefor
4. The alteration has changed the meaning of the documents

Elements:
1. Offender is a public officer, employee, or notary public
2. He takes advantage of his official position
The offender takes advantage of his official
3. He falsifies a document by committing any of these acts:
position when:
a. Counterfeiting or using any handwriting, signature or
1. He has the duty to make or to prepare or
rubric
otherwise intervene in the preparation of
b. Causing it to appear that persons have participated in
the document
any act or proceeding when they did not in fact so
2. He has the official custody of the
participate
document when he falsifies it
c. Attributing to persons who have participated in an act
or proceeding statements other than those in fact
Falsification by Note: In falsification by making alteration or
made by them Public officer,
public officer, intercalation or including in a copy of statement,
d. Making untruthful statements in a narration of facts employee or
employee or Prision Mayor + 1M there must be a genuine document to be falsified
171 e. Altering true dates notary or
notary or fine
f. Making any alteration or intercalation in a genuine ecclesiastical
ecclesiastical In false narration of facts, it must be absolutely
document which changes its meaning minister.
minister. false and must not be a conclusion of law. There
g. Issuing in an authenticated form a document
must be intent to injure
purporting to be a copy of an original document when
no such original exists, or including in such a copy a
Wrongful intent is not essential when the
statement contrary to, or different from, that of the
document falsified is a public document
genuine original
h. Intercelating any instrument or nore relative to the
Note: There is a falsification by omission
issuance thereof in a protocol, registry, or official book
4. In case the offender is an ecclesiastical minister, falsification
In altering true dates, dates must be essential
is committed with respect to any record or document of such
character that its falsificationina may affect the civil status of
persons.
 lOMoARcPSD|16601013

Acts Punishable:
1. Falsification of public, official, or commercial document by a
private individual

Elements:
1. Offender is a private individual or a public officer or
employee who did not take advantage of his official
position
2. He committed any of the acts of falsification
enumerated in Art 171
3. The falsification was committed in a public or official The possessor is presumed to be the author of
or commercial document falsification

2. Falsification of private documents by any person Note: In Par 1, intent to injure is not necessary
and lack of malice or criminal intent is a defense
Elements:
1. Offender committed any of the acts of falsification, For public documents, there is a complex crime
except those in Par 7, enumerated in Art 171 of estafa and falsification
Falsification by
2. The falsifications was committed in any private
private individual Prision correccional
document Any private There is no complex crime in private documents
172 and use of med to max period +
3. The falsification cause damaged to a 3rd party or at person
falsified 1M fine
least the falsification was committed with intent to Note: In general, falsification has no attempted or
documents.
cause such damage frustrated stage

3. Use of falsified documents Damage is not necessary in the crime of

introducing in judicial proceeding a false
Elements (judicial proceeding) document
1. The offender knew that a document was falsified by
another person Use of falsified document in proceeding not
2. The false document is embraced in Art 171 or in any judicial requires at least intent to cause damage
subdivisions no. 1 and 2 of art 172
3. He introduced said document in evidence in any
judicial proceeding

Elements (any other transaction)

1. Offender knew that a document was falsified by
another person
2. The false document is embraced in Art 171 or in any
subdivisions no. 1 and 2 of art 172
3. He used such documents (not in judicial proceeding)
 lOMoARcPSD|16601013

4. The use of the false document caused damage to

another or at least it was used with intent to cause
such damage

Acts Punishable:
1. Uttering fictitious wireless, telegraph or telephone message
2. Falsifying wireless, telegraph or telephone message
Elements:
1. Offender is an officer or employee of the govt or of a
Falsification of private corp engaged in the service of sending or Falsification -
wireless, cable, receiving wireless, cable or telephone message Any officer or
Falsification - Prision
telegraph, and 2. Offender commits any of the following acts employee of
Correccional in med to
telephone a. Uttering fictitious wireless, cable, telegraph or govt or private
173 max period
messages, and telephone message corp
use of said b. Falsifying wireless, cable, telegraph or
Use - Arresto Mayor
falsified telephone message Use - any
messages person
3. Using such falsified message
Elements:
1. Accused knew that wireless, cable, telegraph, or
telephone message was falsified by any of the
persons specified in the 1st paragraph

Acts Punishable: Physician and Public

False medical
1. Any physician or surgeon who, in connection with the practice Physician or officer - Arrest mayor
certificates, false
of his profession, shall issue a false certificate; and surgeon, public max period + 200k
174 certificates of Note: Art 174 does not cover property
2. Any public officer who shall issue a false certificate of merit of officer, private
merits or
service, good conduct or similar circumstances. individual Private individual -
service, etc.
Arresto mayor

Elements:
1. A physician or surgeon, public officer, private individual
Using false
175 issues a false certificate Any person Arresto menor
certificates
2. Offender knew that the certificate is false
3. He used the same

Manufacturing Acts Punished: Prision correccional

and possession 1. Making or introducing into the Philippines any stamps, dies, med to max period + The implements confiscated need not form a
176 Any person
of instruments or marks, or other instruments or implements for counterfeiting 1M fine complete set
implements for or falsification
 lOMoARcPSD|16601013

falsification 2. Possessing with intent to use the instruments or implements Posession - Arresto
for counterfeiting or falsification made in or introduced into the Mayor
Philippines by another person

2 Offenses:
1. Usurpation of Authority
2. Usurpation of official functions

Acts Punished: There must be positive, express, and explicit

Usurpation of
1. By knowingly and falsely representing oneself to be an Prision correccional representation
177 authority or Any person
officer, agent, or representative of any department or agency min to med period
official function
of the Philippine Govt or any foreign govt Note: May be violated by a public officer
2. By performing any act pertaining to any person in authority or
public officer of the Phil Govt or of a foreign govt or any
agency thereof, under pretense of official position w/o being
lawfully entitled to do so.

Elements (Fictitious name):

1. Offender uses a name other than his real name
2. He uses that fictitious name publicly
3. The purpose is:
Fictitious name -
a. To conceal a crime
Using fictitious Arresto mayor + 100k
b. To evade the execution of a judgement
name and fine
178 c. To cause damage to public interest Any person
concealing true
name Concealing true name
Elements (Concealing true name):
- Arresto menor + 40k
1. The offender conceals:
a. His true name
b. All other personal circumstances
2. The purpose is only to conceal his identity

Elements:
1. Offender makes use of insignia, uniform or dress
Note: Wearing the uniform of an imaginary office
Illegal use of 2. The insignia, uniform, or dress pertains to an office not held
is not punishable.
179 uniforms or by the offender or to a class of persons of which he is not a Any person Arresto Mayor
insignia member
An exact imitation of the uniform is not necessary
3. Said insignia, uniform or dress is used publicly and
improperly

False testimony Elements: Death - Reclusion Note: Defendant must at least be sentenced to
180 Any person
against a 1. There be a criminal proceeding temporal correccional penalty or fine or be acquitted
 lOMoARcPSD|16601013

defendant 2. The offender testifies falsely under oath against the

defendant RT or RP - Prision
3. Offender who gives false testimony knows that it is false Mayor
4. The defendant against him whom the false testimony is given
is either acquitted or convicted in a final judgement Afflictive - Prision
correccional

Correccional, fine or
acquittal - Arresto
Mayor

Afflictive - Arresto
Mayor max period to
False testimony False testimony is punished not because of the effect it actually Prision Correccional
181 favorable to the produces but because of its tendency to favor or to prejudice the Any person min period + 200k
defendant defendant
Other case - Arrest
mayor

Elements:
>1M - Prision
1. The testimony must be given in a civil case
correccional min
2. The testimony must relate to the issues presented in said
period +1.2M fine
case
False testimony Note: Art. 182 is not applicable in special
182 3. Testimony must be false Any person
in civil cases <1M - Arrest mayor proceedings
4. The false testimony must be given by the defendant knowing
max period to Prision
the same to be false
correccional min
5. The testimony must be malicious and given with an intent to
period + 200k fine
affect the issues presented in said cases

Acts Punished: Note: Falsely testifying under oath should not be

1. Falsely testifying under oath in a judicial proceeding
2. Making a false affidavit
Arresto Mayor max
False testimony No perjury if sworn statement is not material to
period to Prision
183 in other cases Elements of perjury: Any person the principal matter under investigation
Correccional min
and perjury 1. Accused made a statement under oath or executed an
period
affidavit upon a material matter Good faith or lack of malice is a defense in
2. The statement or affidavit was made before a competent perjury
officer authorized to receive an administer oath
 lOMoARcPSD|16601013

3. In that statement of affidavit, the accused made a willful and Affidavit MUST be required by law
deliberate assertion of a falsehood
4. The sworn statement or affidavit containing the falsity is Subordination of perjury - committed by a person
required by law who knowingly and wilfully procures another to
swear falsely and the witness suborned does
testify under circumstances rendering him guilty
of perjury

Art 184 applies when the offender does not

Elements:
induce a witness to testify falsely
Offering false 1. The offender offered in evidence a false witness or false
Respective penalties
184 testimony in testimony Any person
provided in this section Note: Penalty is that for false testimony if
evidence 2. He knew the witness or the testimony was false
committed in a judicial proceeding or that for
3. The offer was made in a judicial or official proceeding
perjury if committed in other official proceeding

Acts Punishable:
1. Soliciting any gift or promise as a consideration for refraining
from taking part in any public auction

Elements:
1. There be a public auction
2. Accused solicited any gift or a promise from any of its
bidders
3. Such gift or promise was the consideration for his
refraining from taking part in that public auction
4. The accused had the intent to cause the reduction of Prision correccional
the price of the thing auctioned min period and a fine
Machination in
185 Any person ranging from 10 to 15 Note: Consummated by mere solicitation
public auctions
percent of the value of
2. Attempting to cause bidders to stay away from an auction by the thing auctioned
threats, gifts, promises, or any other artifice

Elements:
1. There be a public auction
2. Accused attempted to cause the bidders to stay away
from that public auction
3. It was done by threats, gifts, promises, or any other
artifice
4. The accused had the intent to cause the reduction of
the price of the thing auctioned
 lOMoARcPSD|16601013

Monopolies and
186 combinations in REPEALED BY RA 10667 (PHILIPPINE COMPETITION ACT)
restraint of trade

Articles or merchandise involved:

Importation and 1. Gold
Elements:
disposition of 2. Silver
1. Offender imports, sells or disposes of any of those articles or
falsely marked 3. Other precious metals
merchandise
articles or 4. Their alloys
2. The stamps, brands, or marks of those articles or Prision correccional
187 merchandise Any person
merchandise fail to indicate the actual fineness or quality of OR 40k to 200k fine
made of gold, Note: Selling misbranded articles is not
said metal or alloys
silver, or other necessary
3. The offender knows that the stamps, brands, or marks fail to
precious metals
indicate the actual fineness or quality of the metals or alloys
or their alloys Does not apply to manufacturer - they are liable
for estafa

Substituting and
altering
188 trademarks,
trade names or
service marks

Unfair
competition,
fraudulent REPEALED BY RA 8293 (INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES)
registration of
trade-mark,
189 trade-name or
service mark,
fraudulent
designation of
origin, and false
description

RA 8293 (INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES)

Elements: Trademark - means the name or designation

2yrs to 5yrs
Sec 1. Validity of plaintiff’s mark identifying or distinguishing an enterprise
Infringement Any person imprisonment + 200k
155 2. Plaintiff’s ownership of the marks
fine
3. Use of the mark or its colorable imitation by the alleged The function of trademark is to indicate the origin