U.P.

BOC CRIMINAL LAW II CRIMINAL LAW

a. Treason by a Filipino citizen - can be

II. CRIMES UNDER THE committed outside of the Philippines.
REVISED PENAL CODE b. Treason by an alien - must be
committed in the Philippines.
A. CRIMES AGAINST NATIONAL 4. Treason is a continuing offense – It is of
SECURITY AND THE LAW OF such a nature that it may be committed by
NATIONS [ARTS. 114-123] one single act, by a series of acts, or by
several series thereof, not only in a single
These crimes may be prosecuted although the time, but in different times, it being a
criminal act or acts were committed outside of continuous crime. [People v. Victoria, G.R.
Philippine territorial jurisdiction. No. L-369 (1947)]

This is one of the instances where the RPC Elements

may be given extraterritorial application Mode 2:
under Article 2 (5) thereof. However, Mode 1: Adherence to the
prosecution can proceed only if offender is: Levying War Enemy and Giving
a. Within Philippine territory, or [AWLAT] of Aid and Comfort
b. Brought to the Philippines pursuant to an [AWAG]
extradition treaty. 1. Offender is a Filipino or Resident alien
owing Allegiance to the Government of
General rule: Almost all of these are crimes the Philippines
committed only in times of war. 2. There is a War in which the Philippines
is involved
Exceptions: Offenses that can be committed 3. The offender 3. Offender Adheres
in times of peace: Levies war to the enemies
a. Espionage [Art. 117] – This is also covered against the and Gives them
by Commonwealth Act No. 616 which government aid or comfort
punishes conspiracy to commit espionage. 4. There must be
b. Inciting to War or Giving Motives for an actual
Reprisals [Art. 118] – This can be committed Assembly of
even if the Philippines is not a participant. men; and
c. Violation of Neutrality [Art. 119] – The 5. It is for the
Philippines is not a party to an on-going war. purpose of
executing a
1. Chapter I: Crimes against Treasonable
design by force
National Security [REYES]

a. Article 114 - Treason Allegiance

Obligation of fidelity and obedience which the
GENERAL CONCEPTS: individuals owe to the government under which
1. Treason – breach of allegiance to a they live or to their sovereign, in return for the
government, committed by a person who protection they receive. [REYES, citing 52 Am.
owes allegiance to it [U.S. v. Abad, G.R. No. Jur. 797].
976 (1902)]
2. Two (2) Modes of Commission [LA]: Allegiance can be [Laurel v. Misa, G.R. No. L-
a. Levying War 409 (1947)]:
b. Adherence to the Enemy and Giving of a. Permanent – obligation of fidelity and
Aid and Comfort obedience which a citizen or subject owes
3. Place of Commission to his government or sovereign.

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b. Temporary – obligation of fidelity and Two Ways of Proving Treason [Art. 114,
obedience which a resident alien owes to par.2, RPC]
his government. 1. Testimony of at least two witnesses to the
same overt act; or
Adherence 2. Confession of accused in open court.
An intent to betray; when a citizen intellectually
or emotionally favors the enemy and harbors The Two-Witness Rule
sympathies or convictions. [Cramer v. US, 65 The testimony of two witnesses is required to
Sup. Ct. 918 (1945)] prove the overt act of giving aid or comfort,
but it is not necessary to prove adherence.
Aid or Comfort Each of the witnesses must testify to the whole
An act which strengthens or tends to overt act; or if it is separable, there must be two
strengthen the enemy and an act which witnesses to each part of the overt act. [People
weakens or tends to weaken the power of the v. Escleto, G.R. No. L-1006 (1949)]
traitor’s country to resist or to attack the enemy.
[Cramer v. US, supra] Adherence may be proved [ONC]:
1. By One witness;
5. The overt act of aid and comfort to the 2. From the Nature of the act itself; or
enemy must be intentional. [Id.] 3. From the Circumstances surrounding the
act. [People v. Adriano, G.R. No. L-477
Acts not constituting treason (1947)]
6. “Commandeering" of women to satisfy the
lust of Japanese officers or men or to Aggravating Circumstances
enliven the entertainments held in their Aggravating Circumstances
honor. Sexual and social relations with the Not Allowable/
Japanese did not directly and materially Inherent
tend to improve their war efforts or to Allowable [ICAG]
Circumstances
weaken the power of the US. [People v. [EAT]
Perez, supra.] 1. Ignominy 1. Evident
7. Acceptance of public office and discharge of 2. Cruelty premeditation
official duties under the enemy [People v. 3. Amount or 2. Abuse of Superior
Sison, P.C. 42 O.G. 748] degree of aid strength
4. Gravity of 3. Treachery [People
As to the treatment of common crimes separate distinct v. Roble, G.R. No.
connected with the charge of Treason acts of treason L-433 (1949)]
General Rule: When the killings and other [REYES]
common crimes are charged as overt acts of
treason, they cannot be regarded: (a) as Defenses Against Treason
separate crimes, or (b) as complexed with Defenses against Treason
treason. Acceptable [DL] Unacceptable [SL]
1. Duress or 1. Suspended
Exception: The rule would not preclude the uncontrollable allegiance and
punishment of murder or other common fear [El Pueblo change in
crimes, if the prosecution should elect to de Filipinas v. sovereignty
prosecute the culprit specifically for these Bagalawis, [Laurel v. Misa,
crimes, instead of relying on them as an G.R. No. L-262 G.R. No. L-409
element of treason. [People v. Prieto, G.R. No. (1947)] (1947)]
L-399 (1948)] 2. Lawful 2. Loss of
obedience to a citizenship by the

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de facto mere joining of Rationale: There are persons who conspire to

Government army of the commit treason and the offender knew this and
[Go Kim Cham enemy [People v. failed to make the necessary report to the
v. Valdez, G.R. Manayao, G.R. government within the earliest possible time.
No. L-5 (1945)] No. L-322 (1947)] [REYES]

Punishment
b. Article 115 – Conspiracy and ● Punishment imposed is as an accessory to
Proposal to Commit Treason treason.
● However, the offender is still a principal to
the crime of misprision of treason. Hence,
Elements
Art. 20 of the RPC which provides for
Conspiracy to Proposal to
accessories who are exempt from criminal
commit Treason commit Treason
liability does not apply in this case. [REYES]
[WaTLAD] [WOnLAP]
1. There is a War in which the Philippines is
Misprision of Treason v. Treason
involved
Misprision of
2. At least two 2. At least one
persons agree to: person decides to Treason Treason (Art. 114)
(Art. 116)
a. Levy war a. Levy war
against the against the As to the Offender
government; government; Offender is a Filipino Offender is a Filipino
or or Citizen or Resident alien
b. Adhere to the b. Adhere to the owing Allegiance to
enemies, enemies, the Government of the
giving them giving them Philippines
aid or comfort aid or comfort
Acts Punished
3. They decide to 3. That person What is punished is What is punished is
commit it proposes its the concealment or the act of:
execution to failure to disclose of a (1) levying war; or
other persons conspiracy to commit (2) adherence to the
treason enemy and the giving
of aid and comfort
The two-witness rule does not apply because Since the provision
this is a separate and distinct offense from that speaks only of
of treason. [US v. Bautista, G.R. No. L-2189 “knowledge of any
(1906)] conspiracy”, it
presupposes that the
c. Article 116 – Misprision of Treason crime of treason is
not yet consummated
Elements [CCC]: [REYES]
1. Offender is a Citizen of the Philippines As to the Penalty
2. He has knowledge of Conspiracy to commit
Penalty is equivalent Principal offender is
treason against the government
to that of an punished by prision
3. He Conceals or does not disclose and make
accessory to treason mayor to death and
known the same as soon as possible to the
shall pay a fine not to
governor or fiscal of the province in which
exceed P20,000
he resides, or the mayor or fiscal of the city
pesos
in which he resides

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Other distinctions between Mode 1 and

d. Article 117 – Espionage Mode 2
Mode 1 Mode 2
Punishable Acts [Two (2) Modes] [ED]
As to the Offender
1. By Entering, without authority therefor, a
warship, fort, or naval or military Offender can be any Offender should be a
establishment or reservation to obtain any person who has no public officer
information, plans, photographs, or other authority to obtain
data of a confidential nature relative to the information, plans,
defense of the Philippines etc.
2. Disclosing by public officer of confidential As regards the information
information to a foreign representative
Information need not Articles, data or
Elements be obtained. The information of
Mode 1: Mode 2: intention to obtain confidential nature are
Entering without Disclosing by information is disclosed.
Authority a Public Officer sufficient.
[EAPD] [PPD]
1. Offender Enters a 1. That the offender is Espionage v. Treason
Warship, Fort, or a Public officer; Espionage (Art. 117) Treason (Art. 114)
Naval or Military 2. That he has in his
Establishment or Possession the As to the Offender
Reservation; articles, data or Offender can be a citizen or an alien
[WaFoNaMER] information of a
2. He has no confidential nature When committed
Authority; relative to the May be committed Committed only in
3. His Purpose is to defense of the both in times of war times of war
obtain Philippines, by and in times of peace
information, reason of the public
How committed
plans, office he holds;
photographs or 3. That he Discloses May be committed in Limited to two (2) ways
other data of a their contents to a many ways of:
confidential representative of a a. Levying of war; and
nature foreign nation. b. Adhering to the
4. What is sought to enemy giving him
be obtained is aid or comfort
relative to the
Defense of the SECTION 2. PROVOKING WAR AND
Philippines. DISLOYALTY IN CASE OF WAR

e. Article 118 – Inciting to War or

Giving Motives for Reprisals

Elements [UPE]:
1. Offender performs Unlawful or unauthorized
acts
2. The acts:

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a. Provoke or give occasion for a war h. Article 121 – Flight to Enemy’s

involving or liable to involve the Country
Philippines; or
b. Exposure of Filipino citizens to reprisals Elements [WAAP]:
on their persons or property 1. There is a War in which the Philippines is
involved
f. Article 119 - Violation of Neutrality 2. Offender owes Allegiance to the
government
Elements [WRV] 3. Offender Attempts to flee or go to enemy
1. There is War in which the Philippines is not country.
involved 4. Going to the enemy country is Prohibited
2. There is a Regulation issued by a by competent authority
competent authority to enforce neutrality
3. Offender Violates the regulation NOTES:
● Aliens may be Guilty - The allegiance
g. Article 120 – Correspondence with contemplated in this article is either natural
Hostile Country or temporary allegiance. [REYES]
● Mere Attempt Consummates the felony
Elements [WC-PCU]: when prohibited by competent authority
1. There is War in which the Philippines is not consummates the felony. [REYES]
involved
2. Offender makes Correspondence with an SECTION 3. PIRACY AND MUTINY ON THE
enemy country or territory occupied by HIGH SEAS
enemy troops
3. The correspondence is either – i. Article 122 – Piracy in General and
a. Prohibited by the government, or Mutiny on the High Seas or in
b. Carried on in Ciphers or conventional Philippine Waters
signs; or
c. Containing notice or information which Elements of Piracy
might be Useful to the enemy Mode 1: Attacking
or seizing the Mode 2: Seizing
Qualifying Circumstance for (c): vessel the cargo [VNSI]
If the offender intended to aid the enemy by [VCASI]
giving such notice or information, the penalty 1. The Vessel is on the high seas or
will be the same as that for treason. Philippine waters
2. Offender may be 2. Offenders are
Correspondence a Complement or Neither members
This is communication by means of letters passenger of the of its complement
which pass between those who have friendly or vessel nor passengers of
business relations. the vessel
● Even if the correspondence contains 3. The Offenders 3. Offenders are
innocent matters, if the correspondence Attacks or Seizes Neither members
has been prohibited by the Government, it the vessel of its complement
is punishable. nor passengers of
● Prohibition by the Government is not the vessel
essential in instances (b) and (c). [REYES] 4. There is Intent to gain

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High Seas 2. Whenever the pirates have Abandoned

The parts of the seas that are not included in their victims without means of saving
the exclusive economic zone, in the territorial themselves; or
seas, or in the internal waters of a state, or in 3. Whenever the crime is accompanied by
the archipelagic waters of an archipelagic Murder, Homicide, Physical injuries or
state. [Convention on the Law of the Sea] Rape
This is a special complex crime, regardless
Jurisdiction of the number of victims. [People v. Siyoh,
The jurisdiction of piracy unlike all other crimes G.R. No. L-57292 (1986)]
has no territorial limits. Pirates are in law
hostes humani generis. Piracy is a crime not “Pirates”
against any particular State but against all It seems as if “pirates” in paragraph 2 should
mankind. It may be punished in the competent actually be in paragraph 1 because in
tribunal of any country where the offender may paragraph 1, the mutineers, being already in
be found or into which he may be carried. the vessel, cannot seize the vessel by boarding
[People v. Lol-lo and Saraw, supra.] or firing upon the same. [REYES]

Mutiny
Mutiny is usually committed by the other B. CRIMES AGAINST THE
members of the complement and may be FUNDAMENTAL LAWS OF THE
committed by the passengers of the vessel. STATE [ARTS. 124 - 133]
[REYES]
1. Chapter I: Arbitrary Detention or
Piracy v. Mutiny [REYES] Expulsion, Violation of Dwelling,
Piracy Mutiny
Prohibition, Interruption, and
As to the Attacker
Dissolution of Peaceful Meetings and
Persons who attack Persons who attack Crimes Against Religious Worship
the vessel or seize the vessel or seize
its cargo are its cargo are
SECTION 1 – ARBITRARY DETENTION OR
strangers to said members of the
EXPULSION
vessels crew or passengers
As to necessity of intent to gain
Intent to gain is Intent to gain is not a. Article 124 - Arbitrary Detention
essential essential. The
offenders may only Arbitrary Detention [Art. 124, RPC]
intend to ignore the Any public officer or employee who without
ship’s officers or legal grounds detains a person.
they may be
prompted by a Elements [PWD]:
desire to commit 1. Offender is a Public officer or employee
plunder. 2. He Detains a person
3. Detention is Without a legal ground;
detention is without legal ground if not made
j. Article 123 – Qualified Piracy under the following circumstances [CIA]:
a. Upon the Commission of a crime;
Qualifying Circumstances [B-FA-MHPR]: b. Violent Insanity; or
1. Whenever the vessel is seized by Boarding c. Any other Ailment requiring compulsory
or Firing upon the same; confinement of the patient in a hospital
[Art. 124, Par. 2, RPC]

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Public officer or employee valid warrantless arrests under Sec. 5,

The public officers must be vested with Rule 113 [REYES]
authority to detain or order the detention of
persons accused of a crime (i.e. policemen and b. Article 125 - Delay in the Delivery
other agents of the law, the judges or mayors of Detained Persons to the Proper
and barangay captains). [Milo v. Salanga, G.R. Judicial Authorities
No. L-37007, (1987)]
Elements [PDF-12-18-36]:
Detention
1. Offender is a Public officer or employee
Refers to the actual confinement of a person in
2. He Detains a person for some legal ground
an enclosure, or in any manner detaining and
(includes valid warrantless arrests)
depriving him of his liberty [People v. Flores,
3. He Fails to deliver such person to the proper
G.R. No. 116488, (2001), citing People vs.
judicial authorities within –
Gungon, G.R. No. 119574 (1998)].
a. 12 hours for light penalties
b. 18 hours for correctional penalties
It can refer to both physical and psychological
c. 36 hours for afflictive or capital penalties
restraint [People v. Fabro, G.R. No. 208441
(1998)].
Delivery
It may also mean constructive delivery (e.g.,
Periods of Detention Penalized:
by the filing of the correct information with the
More proper court) or the turning over the person
More
than 15 arrested to the jurisdiction of the court. The
than 3
Has not days Exceede purpose is to determine whether the offense is
days but
exceeded but not d6 bailable or not. [Sayo v. Chief of Police, G.R.
not more No. L-2128 (1948)]
3 days more months
than 15
than 6
days When a Judge is not Available
months
Where a judge is not available, the arresting
Arresto Prision Prision Reclusion officer is duty bound to release the person
Mayor in Correcion Mayor temporal detained, if the maximum hours for detention
its al in its provided under Art. 125 of the RPC have
maximum medium already expired. [Albior v. Auguis, A.M. P-01-
period to period 1472 (2003)]
prision and
correcional maximum Period to Deliver
in its periods. General Rule: Delivery should be made within
minimum 12, 24, or 36 hours, depending on the
period imposable penalty

NOTES: Exception: For those charged with or is

suspected of terrorism or conspiracy to commit
1. Minimum period for arbitrary detention
terrorism, applicable period is 3 days (Sec. 19,
– Art 124 does not fix the minimum period
of detention [US v. Braganza, G.R. No. L- R.A. 9372).
3971].
Computation of periods
2. Arbitrary detention may be committed
through imprudence [People v. Misa, An election day or special holiday, should not
G.R. No. 93485, (1994)] be included in the computation of the period
3. Usual Cause of Arbitrary Detention – prescribed by law for the filing of
Arrest without a search warrant, except

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complaint/information in courts in cases of a. Service of the notice of the judicial or

warrantless arrests, it being a ‘no-office day’ executive order for the release of the
[Soria v. Desierto, GR No. 153524 (2005), prisoner or detention prisoner;
citing Medina v. Orozco, G.R. No. L-26723 b. Performance of such judicial or
(1966)] executive order for the release of the
prisoner or detention prisoner; or
Circumstances considered in determining c. Proceedings upon a petition for the
the liability of the offender [MH-OTI] release of such person
1. Means of communication;
2. Hour of arrest; and Wardens and jailers are the public officers
3. Other circumstances such as: most likely to violate Article 126 [REYES, Book
a. Time of surrender; 2, p. 63].
b. Material possibility for the fiscal to make
the Investigation file in time the d. Article 127 – Expulsion
necessary information [Sayo v. Chief of
Police, G.R. No. L-2128 (1948)] Elements [P-EC-N]:
1. Offender is a Public officer or employee
Waiver of the Provisions of Article 125 2. He either:
Before the complaint or information is filed, the a. Expels any person from the Philippines;
person arrested may ask for a preliminary or
investigation in accordance with Rule 112 of ▪ Can be committed only against an
the Revised Rules of Criminal Procedure, but alien [AMURAO]
he must sign a waiver of the provisions of b. Compels a person to change residence
Article 125 of the RPC in the presence of his ▪ Can be committed against either
counsel. [Rule 112, Sec. 7 par.2] aliens or Filipino citizens (Id.)
3. Offender is Not authorized to do so by law
Arbitrary Detention vs. Delay in Delivery
Arbitrary Delay in Delivery of NOTE: Only a court, by final judgment, can
Detention (Art. Detained Persons compel a person to legally change his
124) (Art. 125) residence [Villavicencio v. Lukban, (1919)].

No warrant of No warrant of arrest, SECTION 2 - VIOLATION OF DOMICILE

arrest BUT arrest was made
with legal ground/s. e. Article 128 – Violation of Domicile

From the The detention is legal Elements [PN-ESR] :

beginning, the in the beginning, BUT 1. Offender is a Public officer or employee
detention is illegal the illegality of the 2. He is Not authorized by judicial order
detention starts from 3. He performed the following acts:
the expiration of any a. Entered the dwelling against the will of
of the periods the owner;
specified in Art. 125. b. Searched for papers or other effects
therein without the previous consent of
such owner; or
c. Article 126 - Delaying Release c. Refused to leave the premises, after
having surreptitiously entered such
Elements [P-DSPP]: dwelling and having been required to
1. Offender is a Public officer or employee leave the same.
2. Offender without good reason Delays the:

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Qualifying circumstances [N-Nr] [Art. 128, 2. Exceeding his authority or by using

(2), RPC]: unnecessary severity in executing a search
1. Nighttime; or warrant legally procured
2. Papers or effects not constituting evidence
of a crime are Not returned immediately Elements
after the search
Mode 1: Mode 2:
Procuring Search Exceeding
Mode 1 - Entrance to dwelling against the
Warrant Without Authority or
will of the Owner
Just Cause Using
● Dwelling – a building or structure,
[PSC] Unnecessary
exclusively used for rest and comfort
Severity in the
[REYES, Book 1]
Execution [PSE]
● Against the Will of the Owner -
presupposes opposition or prohibition by 1. Offender is a Public officer or employee
the owner, whether express or implied, and 2. He procures a 2. He has already
not merely the absence of consent Search warrant legally procured a
[REYES, Book 2] Search warrant
3. There is no just 3. He Exceeds his
Mode 2 - Search without previous consent Cause authority or uses
of owner unnecessary
● Search – the examination of a person’s NOTE: There is no severity in
body or property or other area that a person just cause when it executing the
would reasonably expect to consider as appears on the face same
private, conducted by a law enforcement of the affidavits filed
officer for the purpose of finding evidence in support of the
of a crime. application, or
● Silence of the Owner during the through other
Warrantless Search - may show implied evidence, that the
waiver. [REYES, Book 2] applicant had every
reason to believe
NOTES: that the search
● Inhabitant is Sufficient – although the warrant sought for
codes speaks of the owner of the premises, was unjustified
an inhabitant would be sufficient if he is the [REYES]
lawful occupant of the dwelling
[REGALADO]
● Not Authorized by Judicial Order - when
g. Article 130 - Searching Domicile
he is not armed with a search warrant duly Without Witnesses
issued by the court [Id]
Elements [PASO]:
f. Article 129 - Search Warrants 1. Offender is a Public officer or employee
2. He is Armed with search warrant legally
Maliciously Obtained and Abuse in
procured
the Service of those Legally 3. He Searches the domicile, papers or other
Obtained belongings of any person
4. The Owner, or any members of his family,
Two (2) Modes of Commission: or two witnesses residing in the same
1. Procuring a search warrant without just locality are not present
cause; or

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o Witnesses - must be of sufficient age others, any petition to the authorities for
and discretion residing within the same the
locality [Rule 126, Sec. 8, Rules of Court] ▪ Correction of abuses; or
▪ Redress of grievances
Rationale: Search in the presence of
witnesses specified by the law is mandatory to Disturbance of a Municipal Council Meeting
ensure regularity in the execution of the search Interrupting and dissolving the meeting of a
warrant [People v. Gesmundo, G.R. No. 89373 municipal council by a public officer is a crime
(1993)] against a legislative body, which is in violation
of Sec. 1 of Act. No. 1755 [People v. Alipit, G.R.
Crimes under Section Two - Violation of No. 18853 (1922)]
Domicile, Distinguished
SECTION 4 - CRIMES AGAINST RELIGIOUS
Search
WORSHIP
Warrants Searching
Violation of Maliciously Domicile
Domicile Obtained or Without i. Article 132 - Interruption of
(Art. 128) Abuse in its Witnesses Religious Worship
Service (Art. 130)
(Art. 129) Elements [PRD]:
1. Offender is a Public officer or employee
NO warrant A warrant is A warrant is 2. Religious ceremonies or manifestations of
is present. present, BUT: present, BUT any religion are about to take place or are
(1) warrant was there was a going on
maliciously defect in its 3. Offender prevents or disturbs the same
obtained; or (2) implementatio
there was n Qualifying circumstance:
abuse in its If the crime is committed with violence or
execution threats.

SECTION 3 – PROHIBITION, Actual Religious Ceremony Must be

Conducted
INTERRUPTION AND DISSOLUTION OF
There must actually be a religious ceremony
PEACEFUL MEETINGS
being conducted on that occasion, either by
itself or in conjunction with some other activity
h. Article 131 - Prohibition, of the religious denomination. If the offense
Interruption and Dissolution of was committed only in a meeting or rally of a
Peaceful Meetings sect, it would be punishable under Art. 131.
[People v. Reyes, G.R. No. 13633 (1955)]
Elements [OP - PHA]:
1. Offender is a public officer or employee j. Article 133 - Offending the
2. He Performs any of the following acts: Religious Feelings
a. Prohibiting, interrupting, or dissolving,
without legal ground, the holding of a Elements [PD - NO]:
peaceful meeting 1. Acts complained of were performed
b. Hindering any person from: a. In a Place devoted to religious worship,
▪ Joining any lawful association; or or
▪ Attending any of its meetings b. During the celebration of any religious
c. Prohibiting or hindering any person from ceremony
Addressing, either alone or together with

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2. The acts must be Notoriously Offensive to

the feelings of the faithful C. CRIMES AGAINST PUBLIC
ORDER [ARTS. 134 - 160]
“Place devoted to religious worship” is
separated by the word “or” from “During
the Celebration” 1. Chapter I: Rebellion, Coup
If the acts were performed in the place of d’etat, Sedition, and
worship, it is not necessary that there is a Disloyalty
religious ceremony going. Similarly, so long as
there is a “religious ceremony”, it need not be a. Article 134 - Rebellion or
celebrated in a place of worship. [REYES,
Insurrection
Book 2]
Elements: [PA-PRD]
Acts Notoriously Offensive to Feelings
1. There is a Public uprising
[RWP]:
2. There must be taking of Arms against the
1. Ridicules or makes light of anything
government
constituting religious dogma
3. The Purpose of the uprising or movement is
2. Works or scoffs at anything devoted to
to:
religious ceremonies
a. Remove from the allegiance to the
3. Plays with or damages or destroys any
government or its laws the Philippine
object of veneration of the faithful [People v.
territory or any part thereof, or any body
Baes, G.R. No. L-46000 (1939)]
of land, naval, or other armed forces; or
b. Deprive the Chief Executive or
Whether or not an act is offensive to the
Congress, wholly or partially, of any of
religious feelings is a question of fact which
their powers or prerogatives.
must be adjudged only according to the
feelings of the Catholics and not those of other
The crime of rebellion is consummated
faithful ones. [Id]
At the very moment a group of rebels rise
publicly and take arms against the government
Interruption of Religious Worship vs.
for the purpose of overthrowing the same by
Offending the Religious Feelings
force. [REYES, Book 2]
Interruption of Offending the
Religious Worship Religious Feelings
[Art. 132] [Art. 133] Principle of Absorption
All crimes, whether punishable under special or
As to the offender general law, which are mere components or
ingredients, or committed in furtherance
Public officer or Any person, whether thereof, become absorbed in the crime of
employee a public officer or rebellion and cannot be isolated and charged
private individual as separate crimes themselves. [People v.
[REGALADO] Hernandez G.R. No. 6025 (1964) & Enrile v.
Amin, G.R. No. 93335 (1990)]

The following does not constitute

Rebellion:
● Mere Silence or Omission [US v. Ravidas,
G.R. No. 1503 (1903)]
● Membership in a rebel organization does
not automatically qualify as rebellion. It must

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be conclusively demonstrated that criminal b. Article 134-A - Coup d’État

acts were committed in furtherance of
rebellion [People v. Lovedioro, G.R. No. Elements: [MSAS]
112235 (1995)] 1. Offender is a person or persons belonging
to the Military or police or holding any public
Rebellion v. Treason office or employment;
Rebellion (Art. 134) Treason (Art. 114) 2. It is committed by means of a Swift attack
accompanied by violence, intimidation,
The levying of war was threat, strategy or stealth;
The levying of war
meant to aid the 3. The attack is directed Against the duly
against the
enemy; or if it would constituted authorities of the Republic of the
government during
also constitute Philippines, or any military camp or
peace time for any
adherence to the installation, communication networks,
purpose mentioned in
enemy, giving him aid public utilities or other facilities needed for
Art. 134 and comfort the exercise and continued possession of
Mere adherence to the power;
Always involves taking 4. The purpose of the attack is to Seize or
enemy by giving aid
up arms against the diminish state power.
and comfort is
government.
sufficient
As to who commits the swift attack:
The purpose is merely ● It may be committed Singly or Collectively
to substitute the The purpose of levying ● It Requires as a principal offender a
government with the war is to help the member of the AFP, PNP, or a Public
rebels’ own form of enemy officer with or without civilian support
government
c. Art 135 - Penalty for Rebellion,
Rebellion v. Insurrection Insurrection or Coup d’état
Rebellion (Art. 134) Insurrection (Art. 138)
Persons liable for rebellion, insurrection or
A movement seeking to coup d’état
effect some change of 1. The leaders: [PL]
Object is to completely minor importance or to o Rebellion or Insurrection - any person
overthrow and prevent the exercise of who Promotes, maintains or heads a
supplant the existing governmental authority rebellion or insurrection; or
government with respect to o Coup d’etat - any person who Leads,
particular matters or directs or commands others to undertake
subjects a coup d’état
2. The participants: [PGSD]
Rebellion v. Sedition o Rebellion or Insurrection - any person
who Participates or executes the
Rebellion (Art. 134) Sedition (Art. 139) commands of others;
There must be taking It is sufficient that the o Coup d’etat:
up of arms against the public uprising be ▪ Any person in the Government
government. tumultuous. service who participates or executes
directions or commands of others; or
The purpose is always The purpose may be ▪ Any person not in the government
political. political or social. service who participates, Supports,
finances, abets or aids in undertaking
a coup d’état.

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o Rebellion, Insurrection or Coup d’etat e. Article 137 - Disloyalty of Public

– If under the command of unknown Officers or Employees
leaders, the following shall be Deemed
as leaders of the rebel: Those who Elements: [P-CFDA]
[DSS]: 1. Offender is a Public officer or employee;
a. Directed the others, 2. Offender Commits any of the following acts:
b. Spoke for others; or a. Failing to resist a rebellion by all the
c. Signed receipts and other documents means in their power;
issued in their name, on behalf of the b. Continuing to Discharge the duties of
rebels. their offices under the control of the
rebels
d. Article 136 - Conspiracy and c. Accepting appointment to office under
Proposal to Commit Coup d’état, them.
Rebellion or Insurrection The crime presupposes rebellion committed by
other persons. Offender must not be in
Punishable Acts: conspiracy with the rebels, otherwise, he is
1. Conspiracy to commit coup d’état, rebellion himself guilty of rebellion. [REYES]
or insurrection
2. Proposal to commit coup d’état, rebellion or f. Article 138 - Inciting to Rebellion or
insurrection Insurrection
Elements Elements: [AIM]
Mode 1: Mode 2: 1. Offender does not take Arms or is not in
Conspiracy to Proposal to Commit open hostility against the government;
Commit Coup Coup d’etat, 2. He Incites others to the execution of any of
d’etat, Rebellion or Rebellion or the acts of rebellion;
Insurrection Insurrection 3. The inciting is done by Means of speeches,
[TD] [SP] proclamations, writings, emblems, banners
1. Two or more 1. A person has or other representations tending to the
persons come to decided to Swiftly same end.
an agreement to attack or to rise
swiftly attack or publicly and take NOTE: There is no crime of inciting to treason.
to rise publicly arms against the [REYES, Book 2]
and take arms Government for any
against the of the purposes of Inciting to Rebellion v. Proposal to Commit
Government for rebellion or Rebellion
any of the insurrection; Proposal to Commit
Inciting to Rebellion
purposes of Rebellion
rebellion or As to the Commission of Rebellion itself
insurrection;
2. They Decide to 2. Such person The offender induces another to commit
commit it. Proposes its rebellion. Rebellion should not be actually
execution to some committed by the persons to whom it is
other person or proposed or who are incited. Otherwise, they
persons. become principals by inducement in the crime
of rebellion.
As to Decision to Commit the Rebellion

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The person who There is no need that b. To prevent the national government or
proposes has decided the offender has any provincial or municipal government
to commit rebellion. decided to commit or any public officer from Exercising its or
rebellion. his functions, or prevent the execution of
an administrative order;
As to How Committed c. To Inflict any act of hate or revenge upon
The person who The act of inciting is the person or property of any public
proposes the done publicly. officer or employee;
execution of the crime d. To commit, for any political or social end,
uses secret means. any act of hate or Revenge against
private persons or any social classes; or
e. To Despoil for any political or social end,
g. Article 139 – Sedition any person, municipality or province, or
the national government of all its
Elements: [PFP - PEIRD] property or any part thereof.
1. Offenders rise Publicly and tumultuously;
2. Offenders employ Force, intimidation, or Use of Unlicensed Firearm Absorbed
other means outside of legal methods; Under R.A. 8294 (Act Amending PD No. 1866
3. Purpose is to attain any of the following or the Firearms Law), sedition absorbs the use
objects: of unlicensed firearm as an element thereof;
a. To prevent the Promulgation or hence, it is not an aggravating circumstance,
execution of any law or the holding of any and the offender can no longer be prosecuted
popular election; for illegal possession of firearm. [Boado,
Comprehensive Reviewer in Criminal Law]]

Sedition v. Rebellion v. Coup d’ Etat v. Treason

Sedition Rebellion Coup d’etat Treason
(Art. 139) (Art. 134) (Art. 134-A) (Art. 114)
As to the Nature of the Crime
Crime against national
Crime against Public Order security and law of the
nations
As to the Purpose
Always political; to
May be political or overthrow the To seize or diminish
To aid the Enemy
social. existing state power
government-
As to the Acts Committed

There must be There is a swift attack It is the violation by a

It is sufficient that
taking accompanied by violence, subject of his
the public uprising
up of arms against intimidation, threat, allegiance
is tumultuous.
the government. strategy or stealth; to his sovereign.

As to the Offender

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Offender belongs to the

There is no distinction as to who may military or police or holding There is no distinction
commit any public office or as to who may commit
employment
As to Requirement of Public Uprising
Requires a public Requires a public No Requirement, may be
and tumultuous uprising, or carried out singly or No Requirement
uprising multitude of people simultaneously

2. He Incites others to the accomplishment of

h. Art. 140 - Penalty for sedition any of the acts which constitute sedition;
3. The inciting is done by Means of speeches,
proclamations, writings, emblems,
Art. 140. Penalty for sedition. The leader of cartoons, banners, or other
a sedition shall suffer the penalty of prision representations tending towards the same
mayor in its minimum period and a fine not end.
exceeding 10,000 pesos.
Mode 2. Uttering seditious words or
Other persons participating therein shall speeches which tend to disturb the public
suffer the penalty of prision correccional in its peace;
maximum period and a fine not exceeding
5,000 pesos. (Reinstated by E.O. No. 187). Mode 3. Writing, publishing, or circulating
scurrilous libels against the government or
i. Article 141 - Conspiracy to Commit any of the duly constituted authorities
Sedition thereof, which tend to disturb the public
peace.
Elements: [TD]
1. Two or more persons come to an
agreement and a decision to rise publicly Elements for Modes 2 and 3: [DU - DISL]
and tumultuously to attain any of the objects 1. Offender does not take any Direct part in
of sedition; the crime of sedition.
2. They Decide to commit it. 2. He Uttered words or speeches and writing,
publishing or circulating scurrilous libels
NOTE: There is no proposal to commit that:
sedition. [REYES, Book 2] a. Tend to Disturb or obstruct any lawful
officer in conducting the functions of his
office;
j. Article 142 - Inciting to Sedition
b. Tend to Instigate others to cabal and
meet together for unlawful purposes;
Mode 1. Inciting others to the
c. Suggest or incite rebellious
accomplishment of any of the acts which
conspiracies or riots; or
constitute sedition by means of speeches,
d. Lead or tend to stir up the people
proclamations, writings, emblems, etc.
against the lawful authorities or to
disturb the peace of the community, the
Elements: [DIM] safety and order of the government
1. Offender does not take Direct part in the
Words that tend to create a danger of public
crime of sedition;
uprising

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If the words used tend to create a danger of b. Article 144 - Disturbance of

public uprising, then those words could Proceedings
properly be the subject of a penal clause.
[People vs. Perez, G.R. No. L-6025-26] Elements: (CA-DB)
1. There is a meeting of Congress or any of its
Crimes where Proposal to Commit is committees or subcommittees,
Punishable [ReCIT] constitutional commissions or committees
1. Rebellion or divisions thereof, or of any provincial
2. Coup d’ etat board or city or municipal council or board;
3. Insurrection 2. Offender does any of the following Acts:
4. Treason a. He Disturbs any of such meetings;
b. He Behaves while in the presence of any
Crimes where Conspiracy is Punishable such bodies in such a manner as to
interrupt its proceedings or to impair the
[TRICS]
respect due it.
1. Treason
2. Rebellion
Preventing a Meeting (Art. 143) vs Art.
3. Insurrection Disturbance of Proceeding (Art. 144)
4. Coup d’etat Acts tending to Disturbance of
5. Sedition prevent the meeting Proceedings
(Art. 143) (Art.144)
Crimes where Inciting is Punishable [RIS]
As to Purpose
1. Rebellion
2. Insurrection Disturb the conduct
Prevent the meeting
3. Sedition of a meeting
As to the Offender
Can be conducted by any person (no distinction
2. Chapter II: Crimes against made)
Popular Representation
SECTION 2. VIOLATION OF
PARLIAMENTARY IMMUNITY
SECTION 1. Crimes against Legislative
Bodies and Similar Bodies
c. Article 145 - Violation of
a. Article 143 - Acts Tending to Parliamentary Immunity
Prevent the Meeting of the
Two (2) Modes of Commission:
Assembly and Similar Bodies 1. Using force against a member of Congress
2. Arrest or Search made while Congress is in
Elements: [MP] session
1. There is a projected or actual Meeting of
Congress or any of its committees or Mode 1: Using force, intimidation, threats,
subcommittees, constitutional committees or frauds to prevent any member of
or divisions thereof, or of any provincial Congress from attending the meetings of
board or city or municipal council or board; Congress or of any of its committees or
2. Offender, who may be any person, Prevents subcommittees, constitutional
such meetings by: commissions or committees or divisions
a. Force; or thereof, or from expressing his opinion or
b. Fraud casting his vote;

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Elements: [UP - AEC] Art. 145, Mode 1, Using force to prevent vs

1. Offender Uses force, intimidation, threats Art. 143, Acts tending to prevent
or fraud; Acts Tending to
2. The Purpose of the offender is to prevent Violation of Prevent the
any member of Congress from: Parliamentary Meeting of
a. Attending the meetings of the Congress Immunity Assembly and
or of any of its committees or [Art. 145 (Mode 1)] Similar Bodies
constitutional commissions; [Art. 143]
b. Expressing his opinion; or
c. Casting his vote. As to Act Punished
Using force,
NOTE: The offender in mode 1 may be any intimidation, threats, or The prevention of
person. frauds to prevent any the projected or
member of Congress actual meeting of
Mode 2: Arresting or searching any member from attending the congress, or any of
thereof while Congress is in regular or meetings of Congress its committees or
special session, except in case such or of any of its actual committee,
member has committed a crime punishable committees or etc.
under the Code by a penalty higher than subcommittees, etc.
prision mayor.

Elements: [PACC] 3. Chapter III: Illegal Assemblies

1. Offender is a Public officer of employee; and Associations
2. He Arrests or searches any member of
Congress; a. Article 146 - Illegal Assemblies
3. Congress, at the time of arrest or search, is
in regular or special session; Two (2) Modes of Commission:
4. The member arrested or searched has not 1. Meeting attended by armed persons for the
committed a Crime punishable under the purpose of committing any of the crimes
Code by a penalty higher than prision punishable under the Code
mayor. 2. Meeting in which the audience is incited to
the commission of the crime of treason,
Parliamentary Immunity rebellion or insurrection, sedition, or direct
Members of Congress cannot be arrested for assault
offenses punishable by a penalty less than
prision mayor (6 years and 1 day to 12 years),
Mode 1 vs. Mode 2
while Congress is in session. They can be Mode 1: Mode 2:
prosecuted after Congress adjourns. [Art. VI, For the purpose of Audience is incited
Sec. 11, 1987 Constitution] committing any to the commission of
of the crimes the crime of treason,
punishable under rebellion or
the Code. [MAP] insurrection,
sedition, or direct
assault [MAI]
1. There is a Meeting, a gathering or group of
persons, whether in a fixed place or moving;
2. Meeting is 2. Meeting is
attended by Armed attended by Any
persons persons, whether
armed or not;

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3. Purpose of the 3. Audience is Incited As to Act Punished

meeting is to to the commission
commit any of the of the crime of What is punished is the
What is punished are
crimes punishable treason, rebellion act of forming or
the meeting and the
under the Code. or insurrection, organizing the
sedition or direct attendance therein
association
assault.
As to Persons Liable
Persons liable for illegal assembly: a. organizers or
a. The organizer or leaders of the meeting; or leaders of the a. founders, directors,
b. Persons merely present at the meeting, who meeting president
must have a common intent to commit the b. persons present at b. members
felony of illegal assembly. the meeting

If any person present at the meeting carries

an unlicensed firearm, it will be presumed
4. Chapter IV: Assault upon, and
that: Resistance and Disobedience
a. The purpose of the meeting is to commit to Persons in Authority and
acts punishable under the RPC; and
b. He is considered a leader or organizer of the
Their Agents
meeting.
a. Article 148 - Direct Assaults
b. Article 147 - Illegal Associations
Two (2) Modes of Commission:
The following are illegal associations [CM]: 1. Without public uprising, by employing force
Associations totally or partially organized for: or intimidation for the attainment of any of
1. The purpose of committing any of the the purposes enumerated in defining the
Crimes punishable under the Code; crimes of rebellion and sedition
2. Some purpose contrary to public Morals. 2. Without public uprising, by attacking, by
employing force or by seriously intimidating
or by seriously resisting any person in
Persons liable: authority or any of his agents, while
Founders, directors and president of the engaged in the performance of official
association; duties, or on occasion of such performance.
Mere members of the association.
Mode 1 vs. Mode 2
Public Morals – matters which affect the Mode 1. Mode 2.
interest of society and public convenience, not For the attainment Acts against
limited to good customs [Black’s Law of any of the any person in
Dictionary] purposes of authority or any of
rebellion and his agents
Illegal Assembly vs. Illegal Association sedition [AAPKN]
Illegal Assembly Illegal Association [EAN]
(Art. 146) (Art. 147) 1. Offender 1. Offender makes an
As to Requirement of Actual Meeting Employs force or Attack, employs
intimidation force, makes a
There must be an serious
Actual meeting not
actual meeting or intimidation, or
necessary
assembly makes a serious
resistance

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2. The Aim of the 2. The person circumstance in Art. 14, no. 3 (rank). There
offender is to assaulted is a must be, however, intent to disregard the
attain any of the person in Authority victim’s rank. [BOADO]
purposes of the or his agent;
crime of rebellion 3. At the time of the b. Article 149 - Indirect Assaults
or any of the assault, the person
objects of the in authority or his Elements: (FAU)
crime of sedition agent is engaged in 1. A person in authority or his agent is the
the actual victim of any of the Forms of direct assault
NOTE: This is Performance of defined in Article 148;
tantamount to official duties, or 2. A person comes to the Aid of such authority
rebellion or sedition, that he is assaulted or his agent;
except that there is by reason of the 3. Offender makes Use of force or intimidation
no public uprising. past performance upon such person coming to the aid of the
of official duties authority or his agent.
4. Offender Knows
that the one he is NOTES: Indirect assault presupposes that
assaulting is a direct assault was committed.
person in authority
or his agent in the c. Article 150 - Disobedience to
exercise of his summons issued by the National
duties.
Assembly, its Committees or
3./5.There is No public uprising
Subcommittees, or divisions
Under Mode 2
Acts Punishable: [OSARI]
Classifications of direct assault [SQ]: Mode 1: By refusing, without legal
1. Simple assault.
excuse, to Obey summons of Congress, its
2. Qualified assault. special or standing committees and
subcommittees, the Constitutional
Qualifying Circumstances [WP-LH]: Commissions and its committees,
1. There is a Weapon employed in the attack subcommittees or divisions, or by any
2. The offender is a Public officer commission or committee chairman or member
3. The offender Lays Hands on a public authorized to summon witnesses;
authority
Mode 2: By refusing to be Sworn or placed
“Person-in-Authority” under affirmation while being before such
Any person directly vested with jurisdiction, legislative or constitutional body or official;
whether as an individual or as a member of
some court or governmental corporation, Mode 3: By refusing to Answer any legal
board, or commission, shall be deemed a inquiry or to produce any books, papers,
person in authority. documents, or records in his possession, when
required by them to do so in the exercise of
See: Article 152 for the enumeration of persons their functions;
in authority and agents of such persons in
authority Mode 4: By Restraining another from attending
as a witness in such legislative or constitutional
Public Officer Not in Authority body;
If the public officer is not a person in authority,
the assault on him is an aggravating

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Mode 5: By Inducing disobedience to a Serious Disobedience v. Direct Assault

summons or refusal to be sworn by any such Serious
body or official. Direct Assault
Disobedience
(Art.151) (Art. 148)
d. Article 151 - Resistance and
Person in authority or
Disobedience to a Person in
his agent must be
Authority or the Agents of Such Person in authority or engaged in the
Person. his agent must be in performance of official
actual performance of duties or he is
Mode 1 vs. Mode 2 his duties assaulted by reason of
Mode 1: the past performance
Mode 2:
Resistance and of official duties
Simple
Serious
disobedience Committed only by
Disobedience Committed in two
[ADS] resisting or seriously
[PRI] modes (see Art. 148,
disobeying a person in
1. A person in a. An Agent of a Mode 2 above)
authority or his agent
authority or his person in
agent is engaged authority is Use of force in
There is force
in the engaged in the resistance is not so
employed
serious
Performance of performance of
official duty or official duty or
gives a lawful gives a lawful e. Article 152 - Persons in authority
order to the order to the and agents of persons in authority
offender offender
2. Offender Resists b. Disobeys such Persons in Authority
or seriously agent of a person Persons, whether an individual or as a member
of some court or government corporation,
disobeys such in authority
directly vested with jurisdiction, power and
person in
authority to govern and execute the laws.
authority or his
agent Examples:
3. The act of the c. Such 1. Barrio captain
offender is not disobedience is 2. Barangay Chairman
Included in the not of a Serious 3. Municipal mayor
provision of nature. 4. President of sanitary division
Articles 148, 149 5. Provincial fiscal
and 150. 6. Teachers and Professors
7. Those charged with the supervision of
Resistance and Serious Disobedience public or duly recognized private schools,
The accused must have knowledge that the colleges and universities
person giving the order is a peace officer. [US
v. Bautista, supra.] Agent of Person in Authority
Person charged with: (1) the maintenance of
public order, and (2) the protection and security
of life and property.

Examples:
1. Barrio Captain

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2. Barrio Councilman Prohibition of Peaceful Meetings vs.

3. Barrio Policeman Tumultuous Disturbance
4. Barangay Leader
Prohibition, Tumultuous
5. Any person who comes to the aid of a
Interruption and Disturbance (Art.
person in authority
Dissolution of 153)
Peaceful Meetings
5. Chapter V: Public Disorders (Art. 131)

a. Article 153 - Tumults and Other Offender is a public Offender is a

Disturbances of Public Order officer, who is NOT a private individual
participant (Stranger) who is NOT a
Acts Punishable: [SIODB] participant
Mode 1: Causing any Serious disturbance in a (stranger)
public place, office or establishment. Inciting to Sedition or Rebellion v. Mode 3
of Art. 153
Mode 2: Interrupting or disturbing
performances, functions or gatherings, or Inciting to Sedition
peaceful meetings, if the act is not included in or Rebellion (Art. Mode 3 (Art. 153)
Arts. 131 (prohibition, interruption and 131)
dissolution of peaceful meetings) and 132
As to the manner of commission
(interruption of religious worship).
May be done through Done only through
Mode 3: Making any Outcry tending to incite
speech or writing speech (outcry)
rebellion or sedition in any meeting,
association or public place. As to intent

Mode 4: Displaying placards or emblems More of

which provoke a disturbance of public order in unconscious
such place; Done with intent to
outburst which is
induce the hearers or
not intentionally
Mode 5: Burying with pomp the body of a readers to commit the
calculated to
person who has been legally executed. crime of rebellion or
induce others to
sedition
commit such
Qualifying Circumstance: crimes
If the disturbance or interruption caused is of a
tumultuous character. As to the Nature of the Speeches
● Tumultuous – if caused by more than three Involved
(3) persons who are armed or provided with
means of violence The nature of the speeches in both acts are
either rebellious or seditious

b. Article 154 - Unlawful Use of Means

of Publication and Unlawful
Utterances

Punishable Acts: [FDMP]

Mode 1: Publishing or causing to be published,
by means of printing, lithography or any other

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means of publication, as news any False news Note: “Calculated to cause” should be “which
which may endanger the public order, or cause produces” alarm and danger according to the
damage to the interest or credit of the State. correct translation of the RPC. Hence, the
result, and not the intent, that counts. [REYES,
Mode 2: Encouraging Disobedience to the law Book 2]
or to the constituted authorities or praising,
justifying or extolling any act punished by law, d. Article 156 - Delivering Prisoners
by the same means or by words, utterances or from Jail
speeches.
Elements: [CR]
Mode 3: Maliciously publishing or causing to 1. There is a person Confined in a jail or penal
be published any official document or establishment; and
resolution without proper authority, or before 2. Offender Removes therefrom such person
they have been published officially. or helps the escape of such person.

Mode 4: Printing, publishing or distributing (or Consent or connivance necessary to hold

causing the same) books, pamphlets, public officer guilty:
periodicals, or leaflets which do not bear the It is necessary that the public officer had
real printer’s name, or which are classified as consented to, or connived in, the escape of the
anonymous. prisoner under his custody or charge. [Alberto
v. Dela Cruz, G.R. No. L-31839 (1980)]
NOTE: Actual public disorder or actual damage
to the credit of the State is not necessary. The Officer must not be the custodian of the
mere possibility of causing such danger or prisoner
damage is sufficient [REYES, Book 2]. If the offender is a public officer who had the
prisoner in his custody or charge, he is liable
c. Article 155 - Alarms and Scandals for infidelity in the custody of a prisoner under
Art. 223.
Punishable Acts: [DIDC]
Mode 1: Discharging any firearm, rocket, If three persons are involved, the crimes
firecracker, or other explosive within any town committed are as follows:
or public place, calculated to cause (which 1. Conniving with or Consenting to Evasion
produces) alarm or danger; (Art. 223) – committed by a public officer
who is in custody or charge of the prisoner
Mode 2: Instigating or taking an active part in 2. Delivering Prisoners from Jail (Art. 156) –
any charivari or other disorderly meeting committed by the stranger who helped in the
offensive to another or prejudicial to public escape
tranquility. 3. Evasion of service of sentence (Art. 157) –
committed by the prisoner who escaped
Mode 3: Disturbing the public peace while
wandering about at night or while engaged in
6. Chapter VI: Evasion of
any other nocturnal amusements.
Service of Sentence
Mode 4: Causing any disturbances or scandal
in public places while intoxicated or otherwise, Evasion of Service of Sentence vs. Evasion
provided Art. 153 (tumults and other of Service of Sentence on the Occasion of
disturbances of public order) is not applicable. Calamities vs. Other Cases of Evasion
● Under Art. 153, disturbance must be of a
serious nature.

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Evasion of Evasion of service of sentence is a continuing

Other offense [Parulan v. Director of Prisons, G.R.
Evasion of Service of
Cases of No. L-28519 (1968)].
Service of Sentence on
Evasion
Sentence the Occasion
(Art. 159) a. Article 157 - Evasion of Service of
(Art. 157) of Calamities
(Art. 158) Sentence
As to the Offender
Elements: [CSE]
Convicted by
1. Offender is a Convict by final judgment;
final 2. He is Serving sentence which consists in
judgment Convicted by the deprivation of liberty;
Convict
and is final judgment 3. He Evades service of his sentence by
who was
deprived of and is escaping during the term of his
granted
liberty (need confined in a imprisonment.
conditional
not be penal
pardon Qualifying circumstances as to penalty
confined. institution
e.g., imposed if such evasion or escape takes
destierro) place: [EBPC]
As to Circumstances Surrounding the 1. By means of unlawful Entry (this should be
by scaling [Reyes]);
Evasion
2. By Breaking doors, windows, gates, walls,
Escapes roofs or floors;
during the 3. By using Picklock, false keys, disguise,
Escapes occasion of Violated the deceit, violence or intimidation; or
during the disorders, terms of his 4. Through Connivance with other convicts or
term of his conflagrations conditional employees of the penal institution.
imprisonmen , pardon
t earthquakes, Applicable to Destierro
or other One who, sentenced to destierro by virtue of
calamities final judgment, and prohibited from entering the
As to the Harm Inflicted City of Manila, enters said city within the period
of his sentence, is guilty of evasion of sentence
Does not
under Article 157. [People v. Abilong, supra]
infringe on
the right of
b. Article 158 - Evasion of Service of
another
An attempt at least to evade Sentence on the Occasion of
person nor
the penalty inflicted by the
does it
Disorders, Conflagrations,
courts upon criminals and Earthquakes, or Other Calamities
disturb the
thus defeats the purpose of
public
the law of either reforming or Elements: [CC-DEESM-EF]
order;
punishing them for having 1. Offender is a Convict by final judgment, who
merely an
disturbed the public order. is confined in a penal institution;
infringemen 2. There is Disorder, resulting from –
t of the a. Conflagration;
stipulated b. Earthquake;
terms c. Explosion;
d. Similar catastrophe; or
Nature of Offenses e. Mutiny in which he has not participated;

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. He Evades the service of his sentence by 7. Chapter VII: Commission of

leaving the penal institution where he is
confined, on the occasion of such disorder Another Crime During Service
or during the mutiny; of Penalty Imposed for
4. He Fails to give himself up to the authorities Another Previous Offense
within 48 hours following the issuance of a
proclamation by the Chief Executive a. Article 160 - Commission of
announcing the passing away of such
another crime during service of
calamity.
penalty imposed for another
Failure to Return previous offense - Penalty
Leaving the penal establishment is not the
basis of criminal liability. What is punished is Elements: [CN]
the failure to return within 48 hours after the 1. Offender was already Convicted by final
passing of the calamity, conflagration or mutiny judgment of one offense;
had been announced. 2. He committed a New felony before
beginning to serve such sentence or while
Effect of Surrendering within 48 hours serving the same.
Convicts who shall give themselves up to the
authorities within 48 hours from the issuance of Pardon. Pardon is to be given to a convict who:
a proclamation, shall be entitled to the 1. Is not a habitual criminal;
deduction provided for under Art. 98 (one -fifth 2. Is already at the age of seventy (70) years;
of the period of his sentence). and
3. Has already served out his original
c. Article 159 - Other Cases of sentence or if he completing it after reaching
Evasion of Service of Sentence such age

Elements: [CGV] Exception: If by reason of his conduct, he is

1. Offender was a Convict; deemed not worthy of such clemency
2. He was Granted a conditional pardon by the
Chief Executive; and Quasi-recidivism
3. He Violated any of the conditions of such A special aggravating circumstance where a
pardon. person, after having been convicted by final
judgment, shall commit a new felony before
Conditional Pardon beginning to serve such sentence, or while
A contract between the Chief Executive, who serving the same. He shall be punished by the
grants the pardon, and the convict, who maximum period of the penalty prescribed by
accepts it. Since it is a contract, the pardoned law for the new felony. [People vs. Bernal, G.R.
convict is bound to fulfill its conditions and No. 44988 (1936)]
accept all its consequences according to its
strict terms. [People v. Pontillas, G.R. No. L- As to the act committed
45267 (1938)] The first crime for which the offender is serving
sentence need not be a felony. [People v.
Guilty of a Subsequent Offense Peralta, G.R. No. L-19069 (1968)]
Offender must be found guilty of subsequent
offense before he can be prosecuted under The word “another” does not mean that the new
Article 159. [Torres v. Gonzales, G.R. No. felony be different from the one for which the
76872 (1987)] offender is serving sentence [People v. Yabut,
58 Phil. 499 (1933)]

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Quasi-Recidivism vs. Recidivism vs. Acts Punished [SSS]:

Reiteracion Forging the:
Offense Nature 1. Great Seal of the Government of the
Philippines;
The 2 offenses need not be 2. Signature of the President; or
Quasi-
embraced in the same title of 3. Stamp of the President.
Recidivism
the Code
Forgery
There was a 2nd conviction for
Falsely making or materially altering, with
Recidivism an offense embraced in the
intent to defraud, any writing which, if genuine,
same title of the Code
might apparently be of legal efficacy or the
Offender has been previously foundation of a legal liability. [Black’s Law
punished of: Dictionary]
1. One (1) offense – to which
the law attaches equal or b. Article 162 – Using Forged
greater penalty; or Signature or Counterfeit Seal or
2. Two (2) offenses – to Stamp
Reiteracion
which the law attaches
lighter penalty
Elements: [SKU]
1. The Great Seal of the Republic was
Offenses need not be
counterfeited or the signature or stamp of
embraced in the same title of
the Chief Executive was forged by another
the Code.
person;
2. Offender Knew of the counterfeiting or
See: Discussion under Multiple Offenders for forgery; and
detailed discussion 3. He Used the counterfeit seal or forged
signature or stamp.
D. CRIMES AGAINST PUBLIC
NOTE: Offender under this article should not
INTEREST [Arts. 161-187]
be the forger. Otherwise, he will be penalized
under Article 161. The participation of the
1. Chapter I: Forgeries offender is in effect that of an accessory.
[REYES, Book 2]
SECTION 1. FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPINE Although the general rule is that he should be
ISLANDS, THE SIGNATURE OR STAMP OF punished by a penalty of two degrees lower,
THE CHIEF EXECUTIVE under Article 162 he is punished by a penalty
only one degree lower. [Id.]
1. Acts of Counterfeiting
SECTION 2. COUNTERFEITING COINS
a. Article 161 – Counterfeiting the
Great Seal of the Government of c. Article 163 – Making and Importing
the Philippine Islands, Forging the and Uttering False Coins
Signature or Stamp of the Chief
Elements: [FMC]
Executive
1. There be False or counterfeited coins;
2. Offender either Made, imported or uttered
such coins;

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3. In case of uttering such false or “Mutilation” means to take off part of the metal
counterfeited coins, he Connived with the either by filling it or substituting it for another
counterfeiters or importers. metal of inferior quality. [REYES, Book 2]

Kinds of Coins Covered by the Crime Foreign coins are not covered in this article.
1. Silver coins of the Philippines or coin of the [Id.]
Central Bank (CB);
2. Coins of minor coinage of the Philippines Elements of Importing or Uttering Mutilated
or CB; or Coins: [IC]
4. Coin of the currency of a foreign country 1. Offender Imported or uttered mutilated
[REYES, Book 2] coins; and
2. In case of uttering, the offender must have
“To utter” Connived with the mutilator or importer
To utter is to pass counterfeited coins. It
includes delivery or the act of giving them PD 247: Prohibiting and Penalizing
away. A counterfeited coin is uttered when it is Defacement, Mutilation, Tearing, Burning or
paid, when the offender is caught counting the Destruction of Central Bank Notes and
counterfeited coins preparatory to the act of Coins
delivering them, even though the utterer may It shall be unlawful for any person to willfully
not obtain the gain he intended [Decisions of deface, mutilate, tear, burn or destroy, in any
the Supreme Court of Spain] manner whatsoever, currency notes and coins
issued by the Central Bank of the Philippines.
To import is to bring into port
To import fake coins means to bring them into e. Article 165 – Selling of False or
port. The importation is complete before entry Mutilated Coin, without
at the Customs House. [US v. Lyman, 26 Fed. Connivance
Cas. 1024 (1818)]
Acts Punished:
Punishable regardless of whether or not it 1. Possession of coin, counterfeited or
is in official circulation
mutilated by another person, with intent to
The reason behind this is not only the harm that utter the same, knowing that it is false or
it may cause to the public in case it goes into mutilated; or
circulation again, but also the possibility that 2. Actually uttering such false or mutilated
the counterfeiter may later apply his trade to coin, knowing the same to be false or
the making of coins in actual circulation. mutilated.
[People v. Kong Leon, C.A., 48 O.G. 664]

d. Article 164 – Mutilation of Coins

Acts Punished [MI]

1. Mutilating coins of the legal currency; or
2. Importing or uttering such mutilated coins

Elements of Mutilation: [LG]

1. Coin mutilated is of Legal tender; and
2. Offender Gains from the precious metal
dust abstracted from the coin

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Mode 1 vs. Mode 2 Requirement of Legal Tender

Mode 1: Mode 2: Actually
Possession with uttering such false Coins must Must be of Not required
intent to utter false or mutilated coin be silver legal tender to be legal
or mutilated coin coins of the tender
Phil. or CB,
Elements: [PIK] Elements: [UK] or coin of
1. Possession of 1. Actually Uttering minor
counterfeited or such false or coinage or
mutilated coin; mutilated coin; currency of a
2. With Intent to and foreign
utter; and 2. With Knowledge country
3. With Knowledge of such defect/s.
of such defect/s. Requirement of Connivance in case of
Uttering

Constructive Possession There must There must No

Possession prohibited in this article is not only be be requirement
actual and physical possession, but also that of connivance connivance of
a constructive one, or the subjection of the with the with the connivance
thing to one’s control. The possessor should counterfeiter mutilator or in case of
not be the counterfeiter, mutilator or importer of s or importer in uttering
the coins. [REYES, Book 2] importers case of
uttering
Making and Importing and Uttering vs.
Mutilating
SECTION 3. FORGING TREASURY OR
Making and Mutilating Selling of BANK NOTES, ONLIGATIONS AND
Importing [Art. 164] False or SECURITIES; IMPORTING AND UTTERING
and Uttering Mutilated FALSE OR FORGED NOTES, OBLIGATIONS
[Art. 163] Coin AND SECURITIES
[Art. 165]
f. Article 166 – Forging Treasury or
Punishable Acts
Bank Notes or Other Documents
That a false That a coin That coin is Payable to Bearer; Importing and
or is mutilated, counterfeited Uttering Such False or Forged
counterfeited or that such or mutilated Notes and Documents
coin is made, mutilated or actually
imported or coin is uttered Elements: [B-FImU]
uttered imported or 1. There is an instrument payable to Bearer;
uttered and
2. The offender commits any of the following
As to Foreign Coins acts:
Counterfeitin Mutilating Counterfeitin a. Forged or falsified a treasury or bank
g of foreign foreign coins g of foreign note or a document payable to bearer;
currency is is not currency is b. Imported such false or forged
punishable punishable punishable obligations or notes; or
under this c. Uttered such false or forged obligations
article or notes in connivance with the forgers
or importers.

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Elements: [N-KUPo]
“Forging” – By giving any treasury or bank 1. Any treasury or bank Note or certificate or
note, or any instrument payable to bearer, or to other obligation and security:
order the appearance of a true and genuine a. There is an instrument payable to
document. [REYES, Book 2] bearer, to order or other document of
credit not payable to bearer;
“Falsification” – By erasing, substituting, b. Said instrument is forged or falsified by
counterfeiting or altering by any means, the another person;
figures, letters, words, or signs contained 2. Offender Knows that any of those
therein. [Id.] instruments is forged or falsified; and
3. He either –
When Payable to Bearer: [N.I.L.] a. Uses any of such forged or falsified
1. When expressed to be so payable instruments; or
2. When payable to a person named therein b. Possesses the same, with intent to use
or bearer
3. When payable to the order of a fictitious or Presumption of Material Author
non-existing person, and such fact was The rule is that if a person had in his
known to the person making it so payable possession a falsified document and he made
4. When the name of the payee does not use of it, taking advantage of it and profiting
purport to be the name of any person thereby, the presumption is that he is the
5. When the only or last endorsement is an material author of the falsification. [People v.
endorsement in blank. Sendaydiego, G.R. No. L-33254 (1978)]

g. Article 167 – Counterfeiting, i. Article 169 – How Forgery is

Importing, and Uttering Committed
Instruments Not Payable to Bearer
Acts punished [GE]
Elements: [OFC] 1. By Giving to a treasury or bank note or any
1. There is an Instrument payable to Order or instrument payable to bearer or to order
other document of credit not payable to mentioned therein, the appearance of a
bearer; true and genuine document; or
2. Offender either Forged, imported or 2. By Erasing, substituting, counterfeiting, or
uttered such instrument; and altering by any means the figures, letters,
3. In case of uttering, he Connived with the words, or sign contained therein.
forger or importer.
Forgery includes falsification and
When Payable to Order counterfeiting. [REYES, Book 2]
An instrument is payable to order where it is
drawn payable to the order of a specified Possession and Knowledge
person or to him or his order. [N.I.L] Possession of genuine treasury notes of the
Philippines, any of “the figures, letters, words
2. Acts of Forgery or signs contained” in which had been erased
and/or altered, with knowledge of such erasure
h. Article 168 – Illegal Possession and alteration, and with the intent to use such
notes in enticing another to advance funds for
and Use of False Treasury or Bank
the avowed purpose of financing the
Notes and Other Instruments of manufacture of counterfeit treasury notes of
Credit the Philippines, is punishable under Art. 168 in

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relation to Art. 166 (1). [Del Rosario v. People, k. Article 171 – Falsification by Public
G.R. No. L-16806 (1961)] Officer, Employee or Notary or
Ecclesiastical Minister
How Forgery May be Committed
Forgery can be committed through the use of
Elements: [PAF - CApAUDMAI]
genuine paper bills that have been withdrawn 1. Offender is a Public officer, employee, or
from circulation, by giving them the notary public;
appearance of some other true and genuine
2. He takes Advantage of his official position;
document. [People v. Galano, C.A. 54 O.G. and
5899]
3. He Falsifies a document by committing any
of the following acts:
SECTION 4. FALSIFICATION OF
a. Counterfeiting or imitating any
LEGISLATIVE, PUBLIC, COMMERCIAL,
handwriting, signature or rubric;
AND PRIVATE DOCUMENTS AND
b. Causing it to Appear that persons have
WIRELESS, TELEGRAPH AND TELEPHONE
participated in any act or proceeding
MESSAGES
when they did not in fact so participate;
c. Attributing to persons who have
3. Acts of Falsification
participated in an act or proceeding
statements other than those in fact
j. Article 170 – Falsification of made by them;
Legislative Documents d. Making Untruthful statements in a
narration of facts;
Elements: [BAACh] e. Altering true Dates;
1. There is a Bill, resolution or ordinance f. Making any alteration or intercalation in
enacted or approved or pending approval a genuine document which changes its
by either House of the Legislature or any Meaning;
provincial board or municipal council; g. Issuing in an Authenticated form:
2. Offender Alters the same; ● A document purporting to be a
3. He has no proper Authority; and copy of an original document
4. Alteration has Changed the meaning of the when no such original exists,
documents. or
● Including in such a copy a
Falsification v. Forgery statement contrary to, or
Forgery [Art. 169] Falsification [Art. different from, that of the
170] genuine original; and
As used in Article The commission of h. Intercalating any instrument or note
169, forgery refers to any of the 8 acts relative to the issuance thereof in a
the falsification and mentioned in Article protocol, registry, or official book.
counterfeiting of 171 on legislative
treasury or bank (only the act if making Ecclesiastical Minister’s Liability
notes or any alteration) or public or The ecclesiastical minister is liable with respect
instruments payable official, commercial or to any record or document that its falsification
may affect the civil status of persons [REYES,
to bearer or to order private documents or
Book 2]].
wireless or telegraph
messages. Offender Takes Advantage of his Official
Position When:
1. He has the duty to make or prepare, or
intervene in the preparation of the
document; or

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. He has the official custody of the Elements: [D-OFW]

document he falsifies. [Id.] 1. Offender makes in a Document statements
in a narration of facts
Document 2. He has a legal Obligation to disclose truth
A document is any written statement by which of facts
a right or status is established or an obligation 3. Facts narrated are absolutely False; and
is extinguished. [Id.] 4. Perversion of truth in the narration was
made with the Wrongful intent of injuring a
Par. 1: Counterfeiting or imitating any third person.
handwriting, signature or rubric. [Id.]
Narration of Facts Required
Acts Punished: [CI] There must be narration of facts, not
1. Counterfeiting - imitating any handwriting, conclusion of law. [Beradio v. CA, G.R. Nos. L-
signature or rubric; or 49483-86 (1981)] The person making the
a. There should be an intent to imitate, or narration of facts must be aware of the falsity
an attempt to imitate of the facts narrated by him. [REYES, Book 2]
b. Two signatures, the genuine and the
forged, should bear some Falsification by Omission
resemblance. There can be falsification by omission. An
2. Imitating (Feigning) - simulating a assistant bookkeeper is guilty of falsification by
signature, handwriting or rubric out of one intentionally not putting a record in his personal
which does not actually exist. account of chits and destroying them so he
could avoid paying the same. [People v. Dizon,
Par. 2: Causing it to appear that persons G.R. No. 144026 (2006)]
have participated in any act or proceeding
when they did not in fact so participate. [Id.] Par. 5: Altering true dates [Id.]

Elements: [AN] Elements: [DA]

1. Offender caused it to Appear in a 1. Date must be essential
document that a person/s participated in an 2. Alteration of the date must affect the
act or proceeding. veracity of the documents or the effects
2. Such person/s did Not in fact participate. thereof (such as dates of birth, marriage, or
death).
Par. 3: Attributing to persons who have
participated in an act or proceeding NOTE: This pertains to alteration of a true date
statements other than those in fact made by (not a non-existent date). An example would be
them [Id.] the alteration of dates on official receipts to
prevent discovery of malversation. [Typoco Jr
Elements: [PSA] v. People, G.R. Nos. 221857 & 222020 (2017)]
1. Person/s Participated in an act or
proceeding Date Must be Essential
2. Such person/s made Statements in that act Falsification under this paragraph only when
or proceeding; and the date mentioned in the document is
3. Offender, in making a document, Attributed essential. The alteration of the date or dates in
to such person/s statements other than a document must affect either the veracity of
those they in fact made. the document or the effects thereof. [REYES,
Book 2]
Par. 4: Making untruthful statements in a
narration of facts [Id.]

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Date of Birth, Marriage and Death are Par. 8. Intercalating any instrument or note
Essential relative to the issuance thereof in a
The dates of birth, marriage and death are protocol, registry or official book.
essential, because without them the
documents "cannot produce any legal effect. Pars. 1 to 5 Pars. 6 to 8
[id.]
May be a genuine There must be a
Par. 6: Making any alteration or (later falsified) or an genuine document
intercalation in a genuine document which entirely fabricated
changes its meaning [Id.] document

Elements: [A-GAF] l. Article 172 – Falsification by

1. There be an Alteration (change) or Private Individual and Use of
intercalation (insertion) on a document.
Falsified Documents
2. It was made on a Genuine document.
3. Alteration or intercalation has changed the
Types of Documents:
meaning of the document.
Public Document – a document created,
4. Change made the document speak
executed or issued by a public official in
something False.
response to the exigencies of the public
service, or in the execution of which a public
Change or Insertion Must Affect the
official intervened. [US v. Asensi, G.R. No.
Integrity of the Document
11165 (1916)]
Change or insertion must affect the integrity or
effects of the document. Furthermore, the
Official Document – a document which is
alteration should make the document speak
issued by a public official in the exercise of the
something false. Otherwise, it would merely be
functions of his office. [Id.]
a correction. [REYES, Book 2]
Commercial Document – any document
Par 7: Issuing in an authenticated form a defined and regulated by the Code of
document purporting to be a copy of an
Commerce or any other commercial law. They
original document when no such original are used by merchants or businesspersons to
exists, or including in such a copy a promote or facilitate trade or credit
statement contrary to, or different from, that transactions. [Malabanan v. Sandiganbayan,
of the genuine original [Id.] G.R. Nos. 186329, 186584, 198598 (2017)]
Persons Liable
Mode 1: Falsification of public, official or
1. Custodian - Authentication of a document commercial document by a private
can only be made by the custodian or the individual
one who prepared and retained a copy of
the original.
Elements: [NoFaDo]
a. Purporting to be a copy of the original 1. Offender is a Private individual or Public
when no such original exists. officer or employee who did Not take
b. Including in a copy a statement advantage of his official position;
contrary to, or different from, that of the
2. He committed any act of Falsification (Art.
genuine original. 171);
2. Private Person - a private person who
3. The falsification was committed in a public,
cooperates with a public officer in the official, or commercial Document or letter
falsification of a public document is guilty of of exchange.
the crime and incurs the same liability and
penalty. [id.]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Mode 2: Falsification of private document document through negligence or imprudence.

by any person [REYES, Book 2]

Elements: [F-eII-PD] Exceptions: In case of public and

1. Offender committed any of the acts of commercial documents: The existence of a
Falsification except Article 171(7), that is: wrongful intent to injure a third person is not
a. Issuing in an authenticated form a necessary when the falsified document is a
document purporting to be a copy of an public document. [Siquian v. People, supra.]
original document when no such
original exists, or If the document is intended by law to be part of
b. Including in such a copy a statement the public or official record, the falsification,
contrary to, or different from, that of the although it was private at the time of
genuine original; falsification, is regarded as falsification of a
2. Falsification was committed in any Private public or official document [REYES, Book 2]
document;
3. Falsification causes Damage to a third This statement applies as well to commercial
party or at least the falsification was documents, because as to this kind of
committed with intent to cause such document, a credit is sought to be protected.
damage. [REYES, Book 2]

Mode 3: Use of falsified document Presumption

The possessor of a falsified document is
Elements in introducing in a judicial presumed to be the author of the falsification.
proceeding [KFI] [People v. Manansala, G.R. No. L-38948
1. Offender Knew that the document was (1933)]
falsified by another person;
2. The False document is in Articles 171 or Prescription
172 (1 or 2); In the crime of falsification of a public
3. He Introduced said document in evidence document, the prescriptive period commences
in any judicial proceeding. from the time the offended party had
constructive notice of the alleged forgery after
Elements in use in any other transaction the document was registered with the Register
[KEUD] of Deeds [People v. Villalon, G.R. No. 43659
1. Offender Knew that a document was (1990)]
falsified by another person;
2. False document is Embraced in Articles Falsification by Falsification by
171 or 172 (1 or 2); Public Officer, Private Individual
3. He Used such document; Employee or Notary and Use of Falsified
4. The use caused Damage to another or at or Ecclesiastical Documents [Art.
least used with intent to cause damage. Minister [Art. 171] 172]
As to Offender
Committed by any Committed by any
Wrongful Intent Not Required in Public public officer, private individual, or
Documents employee, or notary any person who
General Rule: Wrongful intent is required in commits such
falsification of private documents. Falsification punishable acts.
through imprudence implies lack of such intent,
As to Acts Committed
thus there is no crime of falsification of a private

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Acts involve Acts involve private corporation engaged in the service

falsification of falsification of of sending or receiving wireless, cable or
documents by documents by telephone message;
CAAUDMAI (See: CAAUDMAI (See: 2. He Used such falsified dispatch; and
Art. 171 discussion). Art. 171 discussion). 3. The use Resulted in the prejudice of a third
party or at least there was intent to cause
Documents falsified such prejudice.
may pertain to: Any
public or official Employee of a Corporation
document, or letter of A private individual cannot be a principal by
exchange, or direct participation in falsification of telegraphic
commercial dispatches under Article 173, unless he is an
documents employee of a corporation engaged in the
business of sending or receiving wireless,
telegraph or telephone messages. But a
m. Article 173 – Falsification of private individual can be held criminally liable
Wireless, Cable, Telegraph and as principal by inducement. [REYES, Book 2]
Telephone Messages, and Use of
Said Falsified Messages SECTION 5. FALSIFICATION OF MEDICAL
CERTIFICATES, CERTIFICATES OF MERIT
Mode 1: Uttering fictitious wireless, OR SERVICE AND THE LIKE
telegraph or telephone message
n. Article 174 – False Medical
Elements: [UO] Certificates, False Certificates of
1. Offender is an Officer or employee of the Merits of Service, Etc.
government or an officer or employee of a
private corporation, engaged in the service
Persons liable [Ph-PO-Pr]
of sending or receiving wireless, cable or
1. Physician or surgeon - issues a false
telephone message; and
certificate in connection with the practice
2. He Utters fictitious wireless, cable,
of his profession (it must refer to the illness
telegraph or telephone message.
or injury of a person);
2. Public Officer - issues a false certificate of
Mode 2: Falsifying wireless, telegraph or
merit of service, good conduct or similar
telephone message
circumstances; or
3. Private person - falsifies a certificate
Elements: [SF]
falling within the classes mentioned in the
1. Offender is an officer or employee of the
two preceding subdivisions.
government or an officer or employee of a
private corporation, engaged in the Service
of sending or receiving wireless, cable or o. Article 175 – Using False
telephone message; and Certificates
2. He Falsifies wireless, cable, telegraph or
telephone message. Elements: [IKU]
1. False certificate was Issued by the
Mode 3: Using such falsified message following:
Elements: [KUR] a. Physician or surgeon issues a false
1. Offender Knew that wireless, cable, Medical certificate, in connection with
telegraph, or telephone message was the practice of his profession;
falsified by an officer or employee of the
government or an officer or employee of a

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b. Public officer issues a false certificate Elements: [KO]

of Merit of service, good conduct or 1. Offender Knowingly and falsely represents
similar circumstances; himself;
c. Private Person falsifies a certificate 2. As an Officer, agent or representative of
falling within the 2 preceding any department or agency of the Philippine
subdivisions. government or of any foreign government.
2. Offender Knows that the certificate was
false; The mere act of knowingly and falsely
3. He Uses the same representing oneself to be an officer is
sufficient. It is not necessary that he perform an
SECTION 6. MANUFACTURING, act pertaining to a public officer. [REYES, Book
IMPORTING AND POSSESSION OF 2]
INSTRUMENTS OR IMPLEMENTS
INTENDED FOR THE COMMISSION OF Mode 2: Usurpation of Official Functions.
FALSIFICATION (excess of authority)

p. Article 176 – Manufacturing and Elements: [PAP-WiL]

Possession of Instruments or 1. Offender Performs any act;
Implements for Falsification 2. Act pertains to any person in Authority or
public officer of the Philippine government
Acts punished: [MII] or any foreign government, or any agency
thereof;
1. Making or Introducing into the Philippines
3. Under Pretense of official position;
any stamps, dies, marks, or other
4. Without being Lawfully entitled to do so.
instruments or implements for
counterfeiting or falsification; or
In usurpation of official functions, it is essential
2. Possession with Intent to use the
that the offender should have performed an act
instruments or implements for
pertaining to a person in authority or public
counterfeiting or falsification made in or
officer, in addition to other requirements.
introduced into the Philippines by another
[REYES, Book 2]
person.
Good Faith as Defense
Constructive Possession
In prosecutions for usurpation of official
As in Article 165, the possession contemplated
functions, good faith is recognized as a
here is constructive possession. The
defense. [Ruzol v. Sandiganbayan, G.R. Nos.
implements confiscated need not form a
186739-960] Good faith is a state of mind
complete set. [REYES, Book 2]
denoting honesty of intention and freedom from
knowledge of circumstances which ought to put
2. Chapter II: Other Falsities the holder upon inquiry. [Tiongco v. People
G.R. Nos. 218709-10]
SECTION 1. USURPATION OF AUTHORITY,
RANK, TITLE, AND IMPROPER USE OF b. Article 178 – Using Fictitious and
NAMES, UNIFORMS AND INSIGNIA
Concealing True Name
a. Article 177 – Usurpation of Mode 1: Using Fictitious Name
Authority or Official Functions
Elements: [NaP-CED]
Mode 1: Usurpation of Authority (no 1. Offender uses a Name other than his real
connection with the office represented) name;

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2. He uses the fictitious name Publicly; Intent to Deceive

3. Purpose of use is to: General Rule: The offender must make use of
a. Conceal a crime; insignia, uniforms or dresses with intent to
b. Evade the execution of a judgment; or deceive.
c. Cause Damage
Exceptions: Intent is not necessary under:
Damage Must be to Public Interest 1. RA No. 492 – punishes the wearing of
If the purpose is for causing damage, it must be insignia, badge or emblem of rank of the
damage to public interest. If it is damage to members of the AFP. [Sec. 2]
private interest, the crime will be estafa under 2. RA No. 75 – punishes the unauthorized
Art 315 2(a). [REYES, Book 2] wearing of any naval, military, police or
other official uniform, decoration or regalia
Mode 2: Concealing True Name of a foreign State or one nearly resembling
the same, with intent to deceive or mislead.
Elements: [CoP] [Sec. 3]
1. Offender Conceals his true name and other 3. EO No. 297 – punishes the illegal
personal circumstances; manufacture, sale, distribution and use of
2. Purpose is only to conceal his identity. PNP uniforms, insignias and other
accoutrements.
Use of Fictitious Name vs. Concealment of
True Name SECTION 2. FALSE TESTIMONY
Use of Fictitious Concealing True
Name Name d. Article 180 – False Testimony
Element of Publicity Publicity not Against a Defendant
necessary
Elements: [P-TKA]
Purpose is to conceal Merely to conceal
1. There is a criminal Proceeding;
a crime, evade identity. 2. Offender Testifies falsely under oath
execution of
against the defendant therein;
judgment, cause 3. Offender Knows that it is false;
damage)
4. Defendant against whom the false
testimony is given is either Acquitted or
c. Article 179 – Illegal Use of convicted in a final judgment.
Uniforms and Insignia
Liability of Witness
Elements: [Us-ON-I] Witness who gave the false testimony is liable
1. Offender makes Use of insignia, uniforms even if his testimony was not considered by the
or dress; court. [REYES, Book 2]
2. The insignia, uniforms or dress pertains to
an Office Not held by such person or a Finality of Judgment
class of persons of which he is not a Complainant must wait for the finality of
member; judgment in the case where the false testimony
3. Said insignia, uniform or dress is used was given because the penalty for the violation
publicly and Improperly. of Art. 180 depends upon the penalty imposed
by the court in the case of the defendant,
NOTE: Wearing the uniform of an imaginary wherein the false testimony was given.
office is not punishable [REYES, Book 2].

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Rule: Defendant must be sentenced to at least 2. Making a false affidavit.

a correctional penalty or a fine, or must be
acquitted. NOTE: The false testimony should not be in a
judicial proceeding. [Diaz v. People, G.R. No.
Hence, when the accused is sentenced by L-65006 (1990)]
arresto menor, he shall not be liable for false
testimony [REYES, Book 2]. Perjury
Perjury is a crime other than false testimony
e. Article 181 – False Testimony under Arts. 180 to 182; it is an offense which
Favorable to the Defendant covers false oaths not taken in the course of
judicial proceedings. [US v. Estraña, G.R. No.
Elements: [GFC] 5751 (1910)]
1. A person Gives false testimony;
2. In Favor of the defendant; Elements of Perjury: [MaBe-WiRe]
3. In a Criminal case. 1. Offender Makes a statement under oath or
executes an affidavit upon a material
Testimony need not be Beneficial to the matter;
Defendant 2. Statement or affidavit is made Before a
The testimony need not be beneficial to the competent officer, authorized to receive
defendant. It is not necessary that the and administer oaths;
testimony should directly influence the decision 3. Offender makes a Willful and deliberate
of acquittal, it is sufficient that it was given with assertion of a falsehood in the statement or
the intent to favor the accused. [REYES, Book affidavit;
2] 4. The sworn statement or affidavit containing
the falsity is Required by law; made for a
legal purpose.
f. Article 182 – False Testimony in
Civil Cases Oath – Any form of attestation by which a
person signifies that he is bound by conscience
Elements: [FaC-RK-KMI]
to perform an act faithfully and truthfully.
1. False testimony is given in a Civil case;
[REYES, Book 2]
2. Testimony Relates to the issues
presented in said case; Affidavit – sworn statement in writing;
3. Offender Knows that testimony is false;
declaration in writing, made upon oath before
4. Testimony is Malicious; and an authorized magistrate or officer. [Id]
5. It was given with an Intent to affect the
issues in said case. No Perjury through Negligence or
Imprudence
Suspension of Criminal Action
This is because of the requirement that the
Pending the determination of the falsity of the
assertion of a falsehood be made willfully and
subject testimonies in the civil case, the
deliberately. Hence, good faith or lack of malice
criminal action for false testimony must be
is a defense in perjury. [Id]
suspended. [REYES, Book 2]
Subornation of Perjury
g. Article 183 – False Testimony in Subornation of perjury is committed by a
Other Cases and Perjury in Solemn person who knowingly and willfully procures
Affirmation another to swear falsely and the witness
suborned does testify under circumstances
Acts Punished [TM] rendering him guilty of perjury as a principal by
1. Falsely Testifying under oath; or

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inducement. [US v. Ballena, 18 Phil. 382 3. Chapter III: Frauds

(1912)]
SECTION 1. MACHINATIONS,
Material vs. Relevant vs. Pertinent [REYES] MONOPOLIES AND COMBINATIONS
Material Relevant Pertinent a. Article 185 – Machinations in
Directed to Tends in any Concerns Public Auctions
prove a fact in reasonable collateral
issue degree to matters which Crime is Consummated by: [SA]
establish make more or 1. Mere Solicitation of gift or promise as
probability or less probable consideration for not bidding, or
improbability the 2. By mere Attempt to cause prospective
of a fact in proposition at bidders to stay away from an auction.
issue issue
NOTE: There is no perjury if the sworn Mode 1: Mode 2:
statement is not important, essential or Soliciting Gifts or Attempting to cause
material. [US v. Jurado, G.R. No. 10719 Promises bidders to stay away
(1915)] by threats, gifts,
promises or any
other artifice
Perjury Untruthful
[Art. 183] Statements in a 1. There is a Public auction
Narration of Facts
2. Offender Solicits 2. Offender Attempts
[Art. 171 par. 4]
any gift or a to cause the
Statement is made Statement is made in promise from any bidders to stay
before a competent a document, in a of the bidders away from that
officer, under oath. narration of facts. public auction
3. Such gift or 3. It is done by
h. Article 184 – Offering False promise is the Threats, gifts,
Testimony in Evidence Consideration for promises or any
his refraining from other artifice
Elements: [OK-Ma] taking part in that
1. Offender Offers in evidence a false public auction
witness or testimony; 4. Offender has the Intent to cause the
2. He Knows that the witness or the reduction of the price of the thing
testimony was false; auctioned.
3. The offer was Made in any judicial or
official proceeding.
b. Article 186 – Monopolies and
Offer of Evidence Combinations in Restraint of Trade
Offer of evidence begins at the moment a
witness is called to the stand and interrogated NOTE: This article has been repealed by the
by counsel. The witness must testify. [Rules of Philippine Competition Act, which was signed
Court, Rule 132] into law on July 21, 2015.

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SECTION 2. FRAUDS IN COMMERCE AND which is an integral part of this Act.

INDUSTRY [Sec. 3(j), RA 9165]
2. Controlled Precursors and Essential
c. Article 187 – Importation and Chemicals (CP & EC) - Include those
Disposition of Falsely Marked listed in Tables I and II of the 1988 UN
Articles or Merchandise Made of Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances as
Gold, Silver, or other Precious enumerated in the attached annex, which
Metals or their Alloys is an integral part of this Act. [Sec. 3(h), RA
9165]
Elements: [Im-FaK]
1. Offender Imports, sells or disposes of any 3. Drug Syndicate - Any organized group of
of those articles or merchandise (i.e. gold, two (2) or more persons forming or joining
silver, other precious metals or their together with the intention of committing
alloys) any offense prescribed under this Act.
2. The stamps, brands, or marks of those [Sec. 3(o), RA 9165]
articles of merchandise Fail to indicate the
actual fineness or quality of said metals or 4. Financier - Any person who pays for,
alloys raises or supplies money for, or
3. Offender Knows of such failure to indicate underwrites any of the illegal activities
the actual fineness or quality of the metals prescribed under this Act. [Sec. 3(q), RA
or alloys 9165]
Article 187 does not apply to the manufacturer
5. Protector or Coddler - Any person who
of misbranded articles – he would be liable for
knowingly and willfully consents to the
estafa under Art. 315(2)(b). [REYES, Book 2]
unlawful acts provided for in this Act and
E. CRIMES RELATIVE TO OPIUM uses his/her influence, power or position in
AND OTHER PROHIBITED shielding, harboring, screening or
facilitating the escape of any person he/she
DRUGS [Arts. 190 to 194] knows, or has reasonable grounds to
believe on or suspects, has violated the
COMPREHENSIVE DANGEROUS DRUGS
provisions of this Act in order to prevent the
ACT OF 2002 (R.A. 9165, AS AMENDED BY
arrest, prosecution and conviction of the
RA 10640)
violator. [Sec. 3(ee), RA 9165]
NOTE: R.A. No. 9165, as amended by RA
6. Pusher - Any person who sells, trades,
10640 has repealed Book Two, Title V (Crimes
administers, dispenses, delivers or gives
Relative to Opium and Other Prohibited Drugs)
away to another, on any terms whatsoever,
of the RPC.
or distributes, dispatches in transit or
transports dangerous drugs or who acts as
Definition of Terms:
a broker in any of such transactions, in
1. Dangerous Drugs (DD) - Those listed in
violation of this Act. [Sec. 3(ff), RA 9165]
the schedules annexed to the:
a. 1961 Single Convention on Narcotic
ACTS PUNISHABLE UNDER RA 9165:
Drugs, as amended by the 1972
Protocol; and
b. 1971 Single Convention on 1. Sale, Trading, Administration,
Psychotropic Substances as Dispensation, Delivery, Distribution and
enumerated in the attached annex Transportation of Dangerous Drugs

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and/or Controlled Precursors and

himself/herself unless
Essential Chemicals [Sec. 5, RA 9165] administered by a duly
licensed practitioner for
Punishable Acts [ST-A-DiDeDi-T]: purposes of medication.
Acts Elements/Definition [Sec. 3(a), RA 9165]

Sale of DD There must be:

and/or ● Proof that the
CP/EC [PP] transaction or sale
took place; and
● Presentation in court
of the corpus delicti
or illicit drug as
evidence [People v. Dispensation Any act of giving away,
Turemutsa, G.R. No. selling or distributing
227497, (2019)] medicine or any
dangerous drug with or
Trading Transactions involving without the use of
the illegal trafficking of prescription. [Sec. 3(m),
dangerous drugs and/or RA 9165]
controlled precursors
and essential chemicals Delivery Any act of knowingly
using electronic passing a dangerous
devices such as, but not drug to another,
limited to, text messages, personally or otherwise,
email, mobile or and by any means, with
landlines, two-way or without consideration.
radios, internet, instant [Sec. 3(k), RA 9165]
messengers and chat
Distribution -
rooms or acting as a
Transportation
broker in any of such
transactions whether for
money or any other
consideration in violation NOTE: In the Illegal sale of DD and/or CP/EC,
of this Act. [Sec. 3(jj), RA presentation of the buy-bust money is not
9165] indispensable to the prosecution of a drug case
[People v. Martin, G.R. No. 193234, (2011)]
Administrating Any act of introducing
any dangerous drug Maximum Penalty is Imposed [100 - UVF]:
into the body of any a. If the illegal activities transpire within 100
person, with or without meters from a school [Sec. 5 (3), RA 9165];
his/her knowledge, by b. Using minors or mentally incapacitated
injection, inhalation, individuals as runners, couriers and
ingestion or other means, messengers, or in any other capacity
or of committing any act directly connected to the dangerous drugs
of indispensable and/or controlled precursors and essential
assistance to a person in chemical trade [Sec. 5 (4), RA 9165];
administering a c. If the Victim of the offense is a minor or a
dangerous drug to mentally incapacitated individual, or should
a dangerous drug and/or a controlled

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precursor and essential chemical involved Committed by a person apprehended or

in any offense herein provided be the arrested, who is found to be positive for use of
proximate cause of death of a victim any dangerous drug, after a confirmatory test
thereof [Sec. 5 (5), RA 9165]; [Sec. 15, RA 9165]
d. On any person who organizes, manages or
acts as a “Financier” of any of the illegal NOTE: Section 15 shall not be applicable
activities. [Sec. 5 (6), RA 9165]; where the person tested is also found to have
in his/her possession such quantity of any
2. Possession of Dangerous Drugs [Sec. dangerous drug provided for under Section 11
11, RA 9165] of this Act (Possession of Dangerous Drugs),
in which case the provisions stated therein
Elements: [PNF] shall apply [id.]
a. The accused is in Possession of an item or
object, which is Identified to be prohibited Confirmatory Test
or regulated drug An analytical test using a device, tool or
b. Such possession is Not authorized by law; equipment with a different chemical or physical
and principle that is more specific which will
c. The accused Freely and consciously validate and confirm the result of the screening
possessed the drug [People v. Trinidad, test. [Sec. 3 (f), RA 9165]
G.R. No. 199898, (2014) citing People v.
Quiamanlon, G.R. No. 191198 (2011)] Qualifying Aggravating Circumstances in
the Commission of a Crime by an Offender
Constructive Possession Under the Influence of Dangerous Drugs
Exists when the drug is under the dominion and Notwithstanding the provisions of any law to
control of the accused or when he has the right the contrary, a positive finding for the use of
to exercise dominion and control over the place dangerous drugs shall be a qualifying
where it is found. [id.] aggravating circumstance in the commission of
a crime by an offender, and the application of
NOTE: Exclusive possession or control is not the penalty provided for in the Revised Penal
necessary. [id.] Code shall be applicable [Sec. 25, RA 9165]

Presumption of Possession OTHER PUNISHABLE ACTS:

When prohibited and regulated drugs are found 1. Importation of Dangerous Drugs and/or
in a house or other building belonging to and Controlled Precursors and Essential
occupied by a particular person, the Chemicals [Sec. 4, RA 9165]
presumption arises that such person is in 2. Maintenance of a Den, Dive or Resort.
possession of such drugs in violation of law, [Sec. 6, RA 9165]
and the fact of finding the same is sufficient to
convict [People v. Torres, G.R. No. 170837,
(2006)] Den, Dive or Resort
A place where any dangerous drug and/or
Possession is Absorbed in the Sale of DD controlled precursor and essential
Possession of prohibited or dangerous drugs is chemical is administered, delivered, stored
absorbed in the sale thereof [People v. for illegal purposes, distributed, sold or
Posada, G.R. No. 196052, (2015)] used in any form. [Sec. 3(l), RA 9165]

3. Use of Dangerous Drugs [Sec. 15, RA

9165]

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3. Employees and Visitors of a Den, Dive Presence of CP and/or EC as Prima Facie

or Resort. [Sec. 7, RA 9165] Evidence
The presence of any controlled precursor and
Acts Punished: [EV] essential chemical or laboratory equipment in
1. Employment in a den, dive or resort, by an the clandestine laboratory is a prima facie proof
employee who is aware of the nature of the of manufacture of any dangerous drug. [Sec.
place as such; and 8(3), RA 9165]
2. Visiting of any person, not being included
in (1), who is aware of the nature of the Aggravating Circumstances [Sec. 8(3), RA
place as such and shall knowingly visit the 9165]
same. If the clandestine laboratory is undertaken or
established under the following circumstances
Employee of a Den, Dive or Resort [M-100-BCE]:
The caretaker, helper, watchman, lookout, and a. Any phase of the manufacturing process
other persons working in the den, dive or was conducted in the presence or with the
resort, employed by the maintainer, owner help of Minor/s;
and/or operator where any dangerous drug b. Any phase or manufacturing process was
and/or controlled precursor and essential established or undertaken within one
chemical is administered, delivered, hundred (100) meters of a residential,
distributed, sold or used, with or without business, church or school premises;
compensation, in connection with the operation c. Any clandestine laboratory was secured or
thereof [Sec. 3(p), RA 9165] protected with Booby traps;
d. Any Clandestine laboratory was concealed
4. Manufacturing Dangerous Drugs and/or with legitimate business operations; or
Controlled Precursors and Essential e. Any Employment of a practitioner, chemical
Chemicals. [Sec. 8, RA 9165] engineer, public official or foreigner.

Manufacturing 5. Illegal Chemical Diversion of Controlled

The production, preparation, compounding or Precursors and Essential Chemicals.
processing of any DD and/or CP and EC, either [Sec. 9, RA 9165]
directly or indirectly or by extraction from
substances of natural origin, or independently Chemical Diversion
by means of chemical synthesis or by a The sale, distribution, supply or transport of
combination of extraction and chemical legitimately imported, in-transit, manufactured
synthesis, and shall include any packaging or or procured controlled precursors and essential
repackaging of such substances, design or chemicals, in diluted, mixtures or in
configuration of its form, or labeling or concentrated form, to any person or entity
relabeling of its container [Sec 3(u), RA 9165] engaged in the manufacture of any dangerous
drug, and shall include packaging,
Exception: Does not include the preparation, repackaging, labeling, relabeling or
compounding, packaging or labeling of a drug concealment of such transaction through fraud,
or other substances by a duly authorized destruction of documents, fraudulent use of
practitioner as an incident to his/her permits, misdeclaration, use of front
administration or dispensation of such drug in companies or mail fraud. [Sec. 3(d), RA 9165]
the course of his/her professional practice
including research, teaching and chemical 6. Manufacturing or Delivering of
analysis of dangerous drugs or such Equipment, Instrument, Apparatus, and
substances that are not intended for sale or for Other Paraphernalia for Dangerous
any other purpose. [id.] Drugs and/or Controlled Precursors and
Essential Chemicals. [Sec. 10, RA 9165]

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12. Unnecessary Prescription of Dangerous

7. Possession of Equipment, Instrument, Drugs. [Sec. 18, RA 9165]
Apparatus and Other Paraphernalia for
Dangerous Drugs. [Sec. 12, RA 9165] The practitioner who unnecessarily prescribed
the dangerous drugs will have his/her license
Possession of such Equipment as Prima to practice revoked [id.]
Facie Evidence of Use
The possession of such equipment, 13. Unlawful Prescription of Dangerous
instrument, apparatus and other paraphernalia Drugs. [Sec. 19, RA 9165]
fit or intended for any of the purposes
14. enumerated in the preceding paragraph shall “Planting" of any dangerous drug
be prima facie evidence that the possessor has and/or controlled precursor and
smoked, consumed, administered to essential chemical, regardless of
himself/herself, injected, ingested or used a quantity and purity [Sec. 29, RA 9165]
dangerous drug and shall be presumed to have
violated Section 15 (Use of Dangerous Drugs) “Planting” of Evidence
of this Act. [Sec. 12 (2), RA 9165] The willful act by any person of maliciously and
surreptitiously inserting, placing, adding or
8. Possession of Dangerous Drugs During attaching directly or indirectly, through any
Parties, Social Gatherings or Meetings. overt or covert act, whatever quantity of any
[Sec. 13, RA 9165] dangerous drug and/or controlled precursor
and essential chemical in the person, house,
Any person found possessing any dangerous effects or in the immediate vicinity of an
drug during a party, or at a social gathering or innocent individual for the purpose of
meeting, or in the proximate company of at implicating, incriminating or imputing the
least two (2) persons, shall suffer the maximum commission of any violation of this Act. [Sec. 3
penalties provided for in Section 11 of this Act (cc), RA 9165]
(Possession of Dangerous Drugs), regardless
of the quantity and purity of such dangerous Immunity from Prosecution [Sec. 33]
drugs [id.] Any person shall be exempted from
prosecution or punishment for the offense with
9. Possession of Equipment, Instrument, reference to which his/her information of
Apparatus and Other Paraphernalia for testimony were given, and may plead or prove
Dangerous Drugs During Parties, Social the giving of such information and testimony in
Gatherings or Meetings or in the bar of such prosecution, when the person:
proximate company of at Least 2 People [VIT]
[Sec. 14, RA 9165] 1. Violated Sections 7, 11, 12, 14, 15, and 19,
Article II of this Act:
10. Cultivation or Culture of Plants 2. Voluntarily gives Information about;
Classified as Dangerous Drugs or are a. Any violation of Sections 4, 5, 6, 8, 10,
Sources Thereof. [Sec. 16, RA 9165] 13, and 16, Article II of this Act as well
as any violation of the offenses
11. Failure in Maintaining and Keeping of mentioned if committed by a drug
Original Records of Transactions on syndicate, or
Dangerous Drugs and/or Controlled b. Any information leading to the
Precursors and Essential Chemicals in whereabouts, identities and arrest of all
Accordance with Sec. 40 of RA 9165 or any of the members thereof;
[Sec. 17, RA 9165] 3. Who willingly Testifies against such
persons;

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Conditions which must concur in order for 2. In case an informant or witness under this
the person to enjoy Immunity from Act fails or refuses to testify without just
Prosecution: cause, and when lawfully obliged to do so,
[NN-CMC] or should he/she violate any condition
1. The information and testimony are accompanying such immunity as provided
Necessary for the conviction of the persons above.
described above;
2. Such information and testimony are Not yet NOTE: In case the informant or witness
in the possession of the State; referred to under this Act falls under the
3. Such information and testimony can be applicability of this Section hereof, such
Corroborated on its material points; individual cannot avail of the provisions under
4. the informant or witness has not been Article VIII of this Act (Program for Treatment
previously convicted of a crime involving and Rehabilitation of Drug Dependents). [Sec.
Moral turpitude, except when there is no 34(3), RA 9165]
other direct evidence available for the State
other than the information and testimony of CHAIN OF CUSTODY RULE [SEC. 21, R.A.
said informant or witness; and 9165, AS AMENDED BY RA 10640]
5. The informant or witness shall strictly and
faithfully Comply without delay, any Chain of Custody
condition or undertaking, reduced into The duly recorded authorized movements and
writing, lawfully imposed by the State as custody of seized drugs or controlled
further consideration for the grant of chemicals or plant sources of dangerous drugs
immunity from prosecution and or laboratory equipment of each stage, from
punishment. [Sec. 33(1-5), RA 9165] the time of seizure/confiscation, to receipt in
the forensic laboratory, to safekeeping, to
NOTE: The above provision operates in spite presentation in court for destruction.
of the provisions of Section 17, Rule 119 of the [Dangerous Drugs Board Resolution No. 1,
Revised Rules of Criminal Procedure and the Series of 2002, Implementing RA 9165, Sec.
provisions of Republic Act No. 6981 or the 1(b)]
Witness Protection, Security and Benefit Act of
1991 [Sec. 33, RA 9165] Procedure [Sec. 21, 9165, as amended by RA
10640]
Immunity may be Enjoyed by a Witness PDEA shall take charge and have custody of
Who Does Not Appear to be the Most Guilty all dangerous drugs, plant sources of DDs,
Immunity may be enjoyed by an informant or CPs and ECs, as well as
witness who does not appear to be most guilty instruments/paraphernalia and/or laboratory
for the offense with reference to which his/her equipment confiscated, seized and/or
information or testimony were given. surrendered, for proper disposition in the ff
manner: [PP-SCFI-BCP]
Provided, there is no direct evidence available
for the State except for the information and 1. Apprehending team having initial custody
testimony of the said informant or witness. [id.] shall conduct a physical Inventory of the
Termination of the Grant of Immunity seized items and Photograph the same in:
The immunity granted to the informant or a. The presence of the accused or the
witness shall not attach: [Sec. 34, RA 9165] person/s from whom such items were
1. Should it turn out subsequently that the confiscated and/or seized; or
information and/or testimony is false or b. His/her representative or counsel, with:
made only for the purpose of harassing or i. An elected public official; and
in any way prejudicing the persons ii. Representative of the National
described in the preceding Section. Prosecution Service or the

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media who shall be required to 7. Sworn Certification shall be issued by the

sign the copies of the inventory Dangerous Drugs Board, as to the fact of
and be given a copy thereof. destruction or burning of the items. A
representative sample, however, shall be
Place of Conducting Inventory and submitted to the court having jurisdiction
Photograph over the case.
a. Place where the search warrant is
served; or 8. After the Promulgation and judgment in the
b. Nearest police station; or criminal case, the representative sample,
c. Nearest office of the apprehending with leave of court and after informing the
officer/team, whichever is practicable, board of the termination of the case, the
in case of warrantless seizures. prosecutor shall request the turn over of
the representative sample to the PDEA for
2. Submit items confiscated within 24 hours to proper disposition and destruction within
the PDEA Forensic Laboratory for a 24 hours from receipt.
qualitative or quantitative examination;
LAPSES IN PROCEDURE
3. Certification of the forensic laboratory Minor Lapses
examination results, shall be issued Failure of the apprehending team to strictly
immediately upon the receipt of the subject comply with the procedure laid out in Section
item/s. 21 of RA 9165 and its IRR does not ipso facto
render the seizure and custody over the items
Partial Laboratory Examination Report – as void and invalid. [People v. Lim, G.R. No.
allowed to be issued provisionally when the 223556, (2017)]
volume of the items do not allow the
completion of testing within the time frame, Two Conditions that Must be Complied with
stating the quantities of dangerous drugs To Justify a Minor Procedural Lapse
still to be examined by the forensic The prosecution must satisfactorily prove that:
laboratory: Provided, a final certification 1. There is Justifiable ground for non-
shall be issued immediately upon compliance; and
completion of the said examination and 2. The integrity and evidentiary value of the
certification; seized items are properly Preserved. [id.]

4. Filing of a criminal case in court; Unjustified Failure to Comply Results to the

Acquittal of the Accused
5. After the filing, the Court shall, within 72 Unjustified failure of the authorities to comply
hours, conduct an ocular Inspection of the with Sec. 21 raises reasonable doubt on the
confiscated, seized and/or surrendered authenticity of the corpus delicti. [People v. Ga-
items; a, G.R. No. 222559, (2018)]

6. PDEA, within 24 hours, shall thereafter Rationale: suffices to rebut the presumption of
proceed with the destruction or burning of regularity in the performance of official duties,
the items, in the presence of the following: acquitting the accused from liability. [id.]
a. Accused or representative or counsel;
and PLEA BARGAINING
b. Representative from: Section 23 of Republic Act No. 9165 is
i. Media; declared unconstitutional for being contrary to
ii. DOJ, the rule-making authority of the Supreme Court
iii. Civil society groups; and [Estipona v. Lobrigo, G.R. No. 226679, (2017)]
iv. Any elected public official.

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NOTE: The SC, in the exercise of its rule- d. Black jack, lucky nine, poker and its
making power, has issued OCA Circular 90- derivatives, monte, baccarat, cuajao,
2018 (May 4, 2018) to enjoin the courts to pangguingue and other card games;
comply with AM No. 18-03-16 (Adoption of the e. Paik que, high and low, mahjong,
Plea Bargaining Framework in Drugs Cases). domino and other games using plastic
tiles and the likes;
F. CRIMES AGAINST f. Slot machines, roulette, pinball and
other mechanical contraptions and
PUBLIC MORALS devices;
g. Dog racing, boat racing, car racing and
1. Chapter I: Gambling and other forms of races;
Betting h. Basketball, boxing, volleyball, bowling,
pingpong and other forms of individual
or team contests to include game
a. ANTI-GAMBLING LAW (PD. 1602 fixing, point shaving and other
as amended by RA 9287 [ANTI- machinations;
ILLEGAL NUMBERS GAMES i. Banking or percentage game, or any
LAW]) other game scheme, whether upon
chance or skill, wherein wagers
NOTE: Articles 195-199 of the RPC, R.A. 3063 consisting of money, articles of value or
(Horse racing Bookies), P.D. 449 representative of value are at stake or
(Cockfighting), P.D. 483 (Game Fixing), P.D. made;
510 (Slot Machines) in relation to Opinion Nos.
33 and 97 of the Ministry of Justice, P.D. 1306 2. Knowingly Permitting any form of gambling
(Jai-Alai Bookies) and other City and Municipal referred to in the preceding subparagraph
Ordinances or gambling which are inconsistent to be carried on in an inhabited or
with this decree are hereby repealed [Sec. 3, uninhabited place or in any building, vessel
PD 1602] or other means of transportation owned or
controlled by him.
Gambling
Gambling is any game or scheme, whether Qualifying Circumstance: If the place
upon chance or skill, wherein wagers where the illegal gambling is carried on has
consisting of money, articles or value or a reputation of a gambling place or that
representative of value are at stake or made prohibited gambling is frequently carried on
[REYES, Book 2] therein, or the place is a public or
government building or barangay hall, a
ACTS PUNISHED: [TaP-PoM-BaS] higher penalty will be imposed [Sec.
Note: Article 195, which enumerates the acts 1(a)(1), PD 1602]
punishable, has been wholly repealed by Sec.
1, PD 1602. 3. Possessing any lottery list, paper or other
matter containing letters, figures, signs or
1. Taking part, directly or indirectly, in any symbols pertaining to or in any manner
illegal or unauthorized activities or games used in the mentioned games of lotteries
of: and numbers which have taken place or
a. Cockfighting, jueteng, jai alai or horse about to take place, knowingly and without
racing to include bookie operations and lawful purpose in any hour of any day.
game fixing, numbers, bingo and other
forms of lotteries; 4. Maintaining or conducting above gambling
b. Cara y cruz, pompiang and the like; schemes.
c. 7-11 and any game using dice;

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Maintainer, Manager or Operator Informer’s Reward

Any person who maintains, manages or Any person who shall disclose information that
operates any illegal number game in a will lead to the arrest and final conviction of the
specific area from whom the coordinator, malefactor shall be rewarded 20% of the cash
controller or supervisor, and collector or money or articles of value confiscated or
agent take orders. [Sec. 2(i), RA 9287] forfeited. [Sec. 3, PD 1602]

Conductor Lottery
A person who sets up and furnishes the It is a scheme for the distribution of prizes by
means with which to carry on the gambling chance among persons who have paid, or
game or scheme. [REYES, Book 2] agreed to pay, a valuable consideration for the
chance to obtain a prize [U.S. v. Filart, G.R. No.
Qualifying Circumstance: If the maintainer, 10263, (1915)]
conductor or banker of said gambling
schemes is a government official, or where Elements: [CCP]
such government official is the player, 1. Consideration;
promoter, referee, umpire, judge or coach, 2. Chance; and
the official shall be temporarily absolutely 3. Prize or some advantage or inequality in
disqualified and higher penalty will be amount or values which is in the nature of
imposed [Sec. 1(c), PD 1602] a prize [Uy v. Palomar, G.R. No. L-23248,
(1969)]
5. Failing to abate illegal gambling or take
action in connection therewith by a No Lottery when there is Full Value of
Barangay official who has knowledge of Money
the existence of a gambling house or place There is no lottery when there is full value for
in his jurisdiction. money and the prize is merely incidental, this
is because the player obtains full value of his
6. Any Security officer, security guard, money.
watchman, private or house detective of
hotels, villages, buildings, enclosures and b. INCREASING THE PENALTY FOR
the like which have the reputation of a ILLEGAL NUMBERS GAMES (PD
gambling place or where gambling 9287)
activities are being held.
Illegal Numbers Game
Spectators are Not Liable in Gambling
Any form of illegal gambling activity which uses
A mere bystander or spectator in a gambling numbers or combinations thereof as factors in
game is not criminally liable because he does giving out jackpots. [Sec. 2(a), RA 9287]
not take part therein. [U.S. vs. Palma, G.R. No.
2188, (1905) Persons Liable [Sec. 3, RA 9287]:
The law punishes any person who participates
Playing for Money is Not an Essential in any illegal numbers game who: [BS-VCC-
Element MFC]
When the law names the games, punishing any 1. Acts as a Bettor;
person who take part therein, its purpose is to 2. Acts as a Personnel or Staff of an illegal
prohibit absolutely those games regardless numbers game operation;
whether or not money is involved [REYES,
3. Allows his Vehicle, house, building or land
Book 2]
to be used in the operation of the illegal
numbers games;
4. Acts as a Collector or agent;

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5. Acts as a Coordinator, controller or d. Article 197 – Betting in Sports

supervisor; Contests (Repealed by PD 483)
6. Acts as a Maintainer, manager or operator;
7. Acts as a Financier or capitalist; and
8. Acts as protector or Coddler.
PENALIZING BETTING, GAME
FIXING OR POINT-SHAVING
AND MACHINATIONS IN
Possession of Gambling Paraphernalia as SPORT CONTESTS (PD 483)
Prima Facie evidence
Possession of any gambling paraphernalia and Prohibited Acts
other materials used in the illegal numbers Game-fixing, point-shaving, machination, as
game operation shall be deemed prima facie defined in the preceding section, in connection
evidence of any offense covered by this Act. with the games of basketball, volleyball,
[id.] softball, baseball; chess, boxing bouts, "jai-
alai", "sipa", "pelota" and all other sports
c. Article 196 – Importation, Sale and contests, games or races; as well as betting
Possession of Lottery Tickets and therein except as may be authorized by law
[Sec. 2, PD 483]
Advertisements
Betting
Acts Punished: [IPSS]
Betting money or any object or article of value
1. Importing into the Philippines from any
or representative of value upon the result of
foreign place or port any lottery ticket or
any game, races and other sports contest.
advertisement;
[Sec. 1(a), PD 483]
2. Possessing, knowingly and with intent to
use, lottery tickets or advertisements;
Game-fixing
3. Selling or distributing the same in
Any arrangement, combination, scheme or
connivance with the importer; and
agreement by which the result of any game,
4. Selling or distributing the same without
races or sports contests shall be predicted
connivance with the importer [REYES,
and/or known other than on the basis of the
Book 2]
honest playing skill or ability of the players or
participants. [Sec. 1(b), PD 483]
Presumption of Intent
The possession of any lottery ticket or
Point-shaving
advertisement is prima facie evidence of an
Any such arrangement, combination, scheme
intent to sell, ditribute or use the same [Art. 196
or agreement by which the skill or ability of any
(3), RPC]
player or participant in a game, races or sports
contests to make points or scores shall be
Lottery Tickets Need Not be Genuine
limited deliberately in order to influence the
It is not necessary that the lottery tickets be
result thereof in favor of one or other team,
genuine, as it is enough that they be given the
player or participant therein. [Sec. 1(c), PD
appearance of lottery tickets [U.S. vs. Reyes,
483]
G.R. 7260, (1912)]
Game-machinations
Any other fraudulent, deceitful, unfair or
dishonest means, method, manner or practice
employed for the purpose of influencing the
result of any game, races or sport contest.
[Sec. 1(d), PD 483]

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Offenders Punished [Sec. 3, PD 483]: [OOG] Days When Horse Racing is Allowed vs.
1. An Official, such as promoter, referee, Days when Horse Racing is NOT Allowed
umpire, judge, or coach in the game, race [RA 309 Sec. 4, as amended by Sec. 1, RA.
or sports contests, or the manager or 983]
sponsor of any participating team,
Days When Horse Days When Horse
individual or player therein, or participants
Racing is Permitted Racing is Not
or players in such games, races or other
[SSH - IRVTF] Permitted
sports contests;
[JD-VTF]
2. Any other Offender;
3. An official or employee of any Government
office or agency concerned with the 1. Sundays not 1. July 4th of each
enforcement or administration of laws and reserved by the year [RA 137]
regulations on sports. Commission; 2. December 30
2. 24 Saturdays as of each year
e. Article 198 – Illegal Betting On determined by the [RA 229]
Commission; and 3. Any registration
Horse Races [Repealed by Act. 3. Legal Holidays, or Voting day
309, as amended by RA 983] except: [RA 180]
a. Independence 4. Holy Thursday
Acts Punished: [BM] Day; and Good
1. Betting on horse races during the periods b. Rizal Day; Friday
not allowed by law; and c. Registration or
2. Maintaining or employing a totalizer or Voting day;
other device or profit therefrom, during d. Holy Thursday;
periods not allowed by law. and
e. Good Friday
Games and Amusements Board
The supervision and regulation of horse-races
in the Philippines shall be vested in a Race held the Same Day is a Separate
Commission on Races (now called the Games Offense
and Amusements Board) [RA 309, as Any race held in the same day at the same
amended by RA 983] place shall be held punishable as a separate
offense [Art. 198(2), RPC]
Totalizer
A Machine for registering and indicating the f. Article 199 – Illegal Cockfighting
number and nature of bets made on horse [amended by PD 449]
races. [id.]
Cockfighting
Shall embrace and mean the commonly known
game or term "cockfighting derby, pintakasi or
tupada", or its equivalent terms in different
Philippine localities. [Sec. 4(a), PD 449]

Persons Liable [Art. 199, as amended by PD

449]: [DOrC-FA]
1. Any person who directly or indirectly
participates in cockfights, by betting money
or other valuable things on a Day other
than those permitted by law;

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. Any person who directly or indirectly, 3. The highly scandalous conduct is Not
Organizes cockfights at which bets are expressly falling within any other Art. of the
made, on a day other than those permitted RPC; and
by law; 4. The act/s complained of be committed in a
3. Any person who directly or indirectly Public place or within the Public knowledge
participates in cockfights, at a place other or view [U.S. v. Samaniego, G.R. No. 5115,
than a licensed Cockpit. (1909)]
4. When the offender is the Financer, owner,
manger or operator of cockpit, or the gaffer, Grave Scandal
referee or bet taker in cockfights; or Consists of acts which are offensive to decency
5. Allowing, promoting or participating in any and good customs which, having been
other kind of gambling in the premises of committed publicly, have given rise to public
cockfights during cockfights. scandal to persons who have accidentally
witnessed the same. [REYES, Book 2]
Days Cockfighting is allowed [Sec. 5(d), PD
449]: Decency
1. Sundays; Propriety of conduct, proper observance of the
2. Legal Holidays, EXCEPT: requirement of modesty, good taste, etc. [id.]
a. Rizal Day;
b. Independence Day; Customs
c. National Heroes Day; Established usage and social conventions
d. Holy Thursday; carried on by tradition and enforced by social
e. Good Friday; disapproval of any violation thereof [id.]
f. Election or Referendum Day; and
g. During the Registration Days for Act/s Must be Performed In:
Election or Referendum; 1. Public place; or
3. During local fiestas for not more than 3 2. Private place within public knowledge or
days; and view [U.S. v. Samaniego, G.R. No. 5115,
4. During provincial, city or municipal, (1909)]
agricultural, commercial or industrial fair,
carnival or exposition for a similar period of Public Place vs. Private Place [REYES, Book
3 days 2]
Public Place Private Place
Spectators in a Cockfight Are Not Liable
The decree [PD 449] does not punish a person Public View Requirement
attending as a spectator in a cockfight.
[REYES, Book 2] Public view is not Public view or public
required knowledge is
2. Chapter II: Offenses Against required.
Decency and Good Customs Degree of Publicity

a. Article 200 – Grave Scandal Criminal Liability Degree of publicity is

arises irrespective of an essential element
Elements: [PSNP] whether the immoral of the crime.
1. The offender Performs an act/acts; act is open to the
2. Such act/s are highly Scandalous as public’s view.
offending against decency or good
customs; NOTE: When the act is committed at night, in
a private house, and only one person was

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

present, this does not constitute the degree of

publicity which is an essential element of the Definition of Terms:
crime [U.S. v. Catajay, G.R. No. 2785, (1906)] 1. Moral - Implies conformity with the
generally accepted standards of goodness
b. Article 201 – Immoral Doctrines, or rightness in conduct or character,
Obscene Publications and sometimes, specifically to sexual conduct
Exhibitions and Indecent Shows [Id.]
2. Indecency - An act against the good
(as amended by PD 960 and 969) behavior and a just delicacy [id.]
3. Obscenity - Something offensive to
Persons Liable: [PA-ExGSRDC-S]
chastity, decency or delicacy [U.S. v.
1. Those who shall Publicly expound or
Kottinger, G.R. No. L-20569, (1923)]
proclaim doctrines openly contrary to
public morals;
Publicity is Essential to be Liable
Mere possession of obscene materials, without
2. Authors of obscene literature, published
intention to sell, exhibit, or give them away, is
with their knowledge in any form; the not punishable since the purpose of the law is
editors publishing such literature; and the
to prohibit the dissemination of obscene
owners/operators of the establishment
materials to the public. [Fernando v. CA, G.R.
selling the same;
No. 159751, (2006)]
NOTE: Author is liable only when it is
Mere Nudity in Pictures or Paintings is Not
published with his knowledge [REYES,
Obscenity
Book 2]
The proper test is whether the motive of the
picture, as indicated by it is pure or impure
3. Those who, in theaters, fairs,
[People vs. Serrano, CA-G.R. No. 5566-R,
cinematographs or any other place,
(1950)]
Exhibit, indecent or immoral plays, scenes,
acts or shows, whether live or in film, which
c. Article 202 – Vagrants and
are prescribed by virtue hereof, and shall
include those which: Prostitutes (as amended by RA
a. Glorify criminals or condone crimes; 10158)
b. Serve no other purpose but to satisfy
the market for violence, lust or Vagrancy [REYES, Book 2]
pornography; The loitering around of a person in public or
c. Offend any race or Religion; private places, without apparent means of
d. Tend to abet traffic in and use of subsistence, who has the physical ability to
prohibited Drugs; and work and who neglects to apply himself or
e. Contrary to law, public order, morals, herself to some lawful calling. They may be:
and good customs, established 1. An Idle or dissolute person who lodges in
policies, lawful orders, decrees and houses of ill-fame
edicts 2. Ruffian or pimp; or
4. Those who shall Sell, give away or exhibit 3. One who habitually associates with
films, prints, engravings, sculpture or prostitutes.
literature which are offensive to morals.
NOTE: RA 10158 has decriminalized
Distribution is the Act Punished Vagrancy, thus Art. 202 now penalizes
Hence, the isolated, casual or occasional act of prostitution only and all pending cases that that
giving such kind of literature to a single were or are under the provisions of Article 202
recipient is not punishable. [REYES, Book 2] of the RPC on Vagrancy prior to its amendment

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by this RA 10158 shall be dismissed upon instead uses

effectivity of the Act. [Sec. 2, RA 10158] begging as a means
of living.
Mendicancy Law [PD 1563]
Mendicant
Refers to any person, except those
enumerated in Section 4 of PD 1563 who has
no visible and legal means of support, or lawful
employment and who is physically able to work
but neglects to apply himself to some lawful
calling and instead uses begging as a means
of living [Sec. 3 (a), PD No. 1563] Prostitution [Art. 202(2), RPC]
A woman is a prostitute when:
Persons Not Considered as Mendicants: [I- 1. She Habitually indulges in:
8-15] a. Sexual intercourse, or
1. Infants; b. Lascivious conduct
2. Child below 8 yrs. found begging or utilized 2. For Money or profit.
by the Mendicant; and
3. Minor over 9 yrs., under 15 found: The Following are NOT Acts of Prostitution:
a. Begging or is being utilized for the 1. One sexual encounter for money does not
purposes of begging; and make a woman a prostitute [REYES, Book
b. Acted without discernment [Sec. 4, PD 2]
No. 1563] 2. Several intercourses with different men
does not make a woman a prostitute, if
Persons Liable Under the Mendicancy Law: there is no evidence that she indulged in
[MA] sexual intercourse for money or profit. [id.]
1. Mendicant;
2. Any person who Abets mendicancy by G. CRIMES COMMITTED
giving alms directly to mendicants,
exploited infants and minors on public BY PUBLIC OFFICERS
roads, sidewalks, parks and bridges shall
be punished by a fine. RPC may be given extra-territorial application
under Article 2 (5) for these crimes.
Vagrancy vs. Mendicancy
Vagrancy Mendicancy 1. Chapter I: Preliminary
[Art. 202, RPC] [Sec. 3(a), PD. Provisions
1563]

As to Offender a. Article 203 – Who Are Public

Officers
Without apparent Without apparent
means of means of support, Elements [P-SEA-LEA]:
subsistence, who or lawful A public officer is one who:
has the physical employment and 1. Takes part in the Performance of public
ability to work and who is physically functions in the government;
who neglects to able to work but 2. Performs in said government or in any of its
apply himself or neglects to apply branches public duties as an Employee,
herself to some himself to some Agent or Subordinate official, of any rank
lawful calling. lawful calling and or class; and

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. His authority to take part in the 2. Chapter II: Malfeasance and

performance of public functions or to
perform public duties must be: Misfeasance in Office
a. By direct provision of the Law;
b. By popular Election; or Malfeasance (Direct Bribery and Indirect
c. By Appointment by competent Bribery) The performance of an act which
authority ought not to be done [REYES, Book 2]

“Public Officers” Includes Every Public Misfeasance (see Arts 204-207: acts by a
Servant judge) Improper performance of some act
The term “public officers” embraces every which might lawfully be done [id.]
public servant from the highest to lowest rank.
The distinction between “officer” and Nonfeasance (Prosecution)
“employee” for the purposes of the RPC is Omission of some act which ought to be
obliterated. [Macalino v. Sandiganbayan, G.R. performed [id.]
Nos. 140199-200 (2002)]
SECTION 1. DERELICTION OF DUTY
It includes elective and appointive officials and
employees, permanent or temporary: a. Article 204 – Knowingly Rendering
1. Career or non-career service, including Unjust Judgment; and
military and police personnel, whether b. Article 205 – Judgment Rendered
compensated or not [Sec. 3(b), RA 6713] Through Negligence
2. Classified or unclassified or exempt service
receiving compensation, even nominal, Elements
from the government. [Sec. 2(c), RA 3019]
Knowingly Rendering Judgement Rendered
Unjust Judgement Through Negligence
What are Considered “Official Duties”
(Art. 204) [JSUK] (Art. 205) [JSMN]
Includes those which are in one’s capacity to
perform by reason of his office. [Dacumos v.
Sandiganbayan, G.R. No. 95000 (1991)] 1. Offender is a Judge

Coverage of GOCCs 2. He renders a judgment in a case Submitted

to him for decision
GOCCs created by law are covered while
GOCCs registered with the SEC (including 3. Judgment is Unjust 3. Judgment is
sequestered companies) are not. [Macalino v. Manifestly unjust
Sandiganbayan, G.R. Nos. 140199-200
(2002)] 4. Judge Knows that 4. It is due to his
his judgment is inexcusable
Based on RA 8249, presidents, directors, unjust Negligence or
ignorance
trustees, and managers of all GOCCs,
regardless of type, are subject to the As to Requirement of Bad Faith
jurisdiction of the Sandiganbayan when they
are involved in graft and corruption. [People v. Required. Accordingly, Not required 205
SB, G.R. No. 167304 (2009)] mere error which was because it is based on
committed in good negligence or
faith is a proper ignorance.
defense [Heirs of
Yasin v. Felix, A.M.
No. RTJ-94-1167
(1995)].

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Judgment Not Applicable to Collegiate Courts

A final order which disposes of the whole The offense refers only to a judgment of an
subject matter or terminates a particular individual judge in his court, and not to the
proceeding or action, leaving nothing to be judgment rendered in a collegial court by the
done but to enforce by execution what has members thereof. [In Re: Wenceslao Laureta,
been determined [Funk v. Santos Ventura G.R. No. L-68635 (1987); In Re: Joaquin T.
Hocorma Foundation, Inc, G.R. No. 212346 Borromeo, A.M. No. 93-7-696-0 (1995)]
(2016)]
Rationale: This is because collegiate courts
Test to Determine an Unjust Order or reach their collective judgement after due
Judgment deliberation and consultation among the
The test to determine whether an order or members. [id.]
judgment is unjust is that such may be inferred
from the circumstances that it is contrary to law c. Article 206 – Unjust Interlocutory
or is not supported by evidence. [Louis Vuitton Order
S.A. v. Judge Villanueva, A.M. No. MTJ-92-643
(1992)] Elements [J-KuMi]:
1. Offender is a Judge; and
Unjust v. Manifestly Unjust Judgement 2. He performs any of the following acts:
[REYES, Book 2] a. Knowingly rendering an unjust
Unjust Judgement Manifestly Unjust interlocutory order or decree; or
Judgement b. Rendering a Manifestly unjust
interlocutory order or decree through
One which is One which is so inexcusable negligence or ignorance.
contrary to law or is manifestly contrary
not supported by the to law that even a Interlocutory Orders
evidence, or both. person having basic If the order leaves something to be done in the
knowledge of the trial court with respect to the merits of the case,
law cannot doubt the it is interlocutory. If it does not, it is final.
injustice. Abuse of [Miranda v. CA, G.R. No. L-33007 (1976)]
discretion or mere
error of judgment is d. Article 207 – Malicious Delay in the
not punishable. Administration of Justice

Sources of Unjust Judgement [ERB] Elements [JP-DeM]:

1. Error, 1. Offender is a Judge;
2. Ill will or Revenge, or 2. There is a Proceeding in his court;
3. Bribery. [REYES, Book 2] 3. He Delays in the administration of justice;
and
Declaration that Decision/Order is Unjust 4. The delay is Malicious, that is, with
Before a criminal action against a judge for deliberate intent to inflict damage on either
violation of Articles 204 and 205 can be party in the case.
entertained, there must be a trial or
authoritative judicial declaration that his
decision or order is really unjust which may
result from either an action of certiorari or
prohibition in a higher court. [De Vera v.
Pelayo, G.R. No. 137354 (2000)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

e. Article 208 – Prosecution of committed by the law violator must be proved

Offenses; Negligence and first. [US v. Mendoza, G.R. No. 7540 (1912)]
Tolerance
Liability of Offender
1. Liability is as a principal in dereliction of
Punishable Acts [RT]:
duty not merely an accessory to the crime
1. Maliciously Refraining from instituting
[REYES, Book 2]
prosecution against violators of the law; or
2. Liability under PD 1829 (Penalizing
2. Maliciously Tolerating the commission of
obstruction of apprehension and
offenses.
prosecution of criminal offenders) - any
person who solicits, accepts, or agrees to
Elements:
accepting any benefit in consideration of
Mode 1: Refraining Mode 2: Tolerating abstaining from, discounting, or impeding
from Instituting the Commission of the prosecution of a criminal offender is
Prosecution [PNM] Offenses [PTM] liable [Sec. 1(g), PD 1829].

1. Offender is a public officer or officer of

f. Article 209 – Betrayal of Trust by
the law who has a duty to cause the
Prosecution of, or to prosecute,
an Attorney or a Solicitor –
offenses; Revelation of Secrets

2. Dereliction of 2. Dereliction of Punishable Acts [DRO]:

duty: knowing the duty: knowing that a 1. Causing Damage to his client, either—
commission of the crime is about to be a. By any malicious breach of
crime, he does Not committed, he professional duty;
cause the Tolerates its b. By inexcusable negligence or
prosecution of the commission ignorance.
criminal 2. Revealing any of the secrets of his client
learned by him in his professional capacity;
3. Malice and deliberate intent to favor the 3. Undertaking the defense of the Opposing
violator of the law party in the same case, without the consent
of his first client,
Who are Public Officers a. After having undertaken the defense of
Officers of the prosecution department, whose said first client, or
duty is to institute criminal proceedings for b. After having received confidential
felonies upon being informed of their information from said client.
perpetration (e.g., city attorney, fiscal).
[REYES, Book 2]

Who are Officers of the Law

Those who, by reason of the position held by
them, are duty-bound to cause prosecution and
punishment of offenders (e.g., chief of police,
barrio captain) [id.]

Crime Must Be Proven

“Negligence” means neglect of duty by
maliciously failing to move the prosecution and
punishment of the delinquent. The crime

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Requirement of Damage [REYES, Book 2] Elements:

Mode 1: Mode 2: Mode 3: Mode 1: Mode 2: Mode 3:
Malicious Revealing Undertaking Agreeing to Execution Agreeing to
Breach or of Secrets Defense of commit/ of an Act refrain/refraini
Inexcusable Opposing committing that is ng from doing
Negligence Party a Crime unjust but his duty
[PACD] is not a [PARD]
Required; Not Not crime
without required; required; [PAUD]
damage, at revelation what is
most he will be in itself is punished is 1. Offender is a Public officer under Article
liable punishable the taking of 203
administratively [Id]. the case
2. Accepts 2. Accepts 2. Accepts an
liable (e.g., without the
an offer or a a Gift or offer or a
suspension or consent of
promise or present by promise or
disbarment his 1st client.
receives a himself or receives a gift
under the
gift or through or present by
CPR)
present by another himself or
himself or through
Privileged Communication only covers Past through another
Crimes another
A distinction must be made between
confidential communications relating to past 3.In 3. In 3. In
crimes already committed, and future crimes consideratio consideratio consideration
intended to be committed by the client. The n of which, n of which, of which, he
attorney-client privilege only covers past he agrees he agrees agrees to
crimes. [People v. Sandiganbayan, supra.] to perform to execute Refrain from
an act an act doing
SECTION 2. BRIBERY constituting which does something
a Crime not which it is his
g. Article 210 – Direct Bribery constitute a official duty to
crime, but do
Punishable Acts [CER]: the act
must be
1. Agreeing to perform/performing, in
Unjust
consideration of any offer, promise, gift, or
present – an act constituting a Crime in
4. The act which offender agrees to perform
connection with the performance of his
or which he executes be connected with the
official duty
performance of his official Duties
2. Accepting a gift in consideration of the
Execution of an act which does not As to Acceptance of Gift
constitute a crime, in connection with the
performance of his official duty
3. Agreeing to Refrain/refraining from doing
something in his official duty in
consideration of a gift or promise

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Not Required. Not required Direct Bribery vs. Sec 3(b) of RA 3019
required The gift (acceptance of Direct Bribery Sec 3(b) RA 3019
(acceptanc must have offer is [Art 210, RPC]
e of offer is a value or sufficient).
sufficient). must be As to Promise or Gift
capable of
pecuniary Acceptance of a Mere request or
estimation. promise or offer or demand of a gift,
It cannot receipt of a gift or present, share,
consist of a present is required percentage or
mere offer benefit is enough
or promise
As to Scope
of a gift.
[REYES, Wider and more Limited to contracts
Book 2] general scope: or transactions
a. Performance of involving monetary
No Stage of Frustrated Bribery an act constituting a consideration where
If one party does not concur, then there is no crime; the public officer has
agreement and not all the acts necessary to b. Execution of an the authority to
commit the crime were present. [Regalado] unjust act which intervene under the
does not constitute a law.
Temporary Performance of Public crime; and
Functions c. Agreeing to
Temporary performance of public functions is refrain or refraining
sufficient to constitute a person a public officer from doing an act
for purposes of bribery. [Maniego v. People, which is his official
G.R. No. L-2971 (1951)] duty to do.
[Merencillo v. People, G.R. No. 142369-70,
Bribery exists when the gift is: (2007)]
1. Voluntarily offered by a private person;
2. Solicited by the public officer and h. Article 211 – Indirect Bribery
voluntarily delivered by the private person;
or
Elements [PuGO]:
3. Solicited by the public officer but the private
1. Offender is a Public officer;
person delivers it out of fear of the
2. He accepts Gifts;
consequences should the public officer
3. Gifts are offered to him by reason of his
perform his functions (here the crime by the
Office.
giver does not fall under corruption of
public officials due to the involuntariness of
Direct Bribery vs. Indirect Bribery
the act). [People v. Sope, G.R. No. L-16
(1946)] Direct Bribery Indirect Bribery
[Art 210] [Art 211]

As to Requirement Acceptance of Gift

Mere acceptance of The gift must be

the promise or offer accepted by the
of such gift public officer. The
consummates the acceptance of a

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

bribery and dereliction of duty. [REYES, Book

crime (1st and 3rd mere promise or
2]
modes). offer of such gift
Acceptance of the does not make a
public officer liable Guilt of Offender is a Prejudicial Question
gift is only
under Art 211. The guilt of the offender is a prejudicial
necessary for the
question to the liability of the officer for qualified
2nd mode.
bribery. [US v. Mendoza, G.R. No. 7540
Reason for the Gifts/Promise/Offer (1912)]

In consideration of By reason of his Qualifying Circumstance

the agreement of office and not for the If it is the public officer who demands or asks
the officer to performance of a for such gift, the penalty is death. [Art. 211-A,
perform or refrain specific act. RPC]
from doing an act or
the commission of a j. Article 212 – Corruption of Public
crime. Officials

No Frustrated or Attempted Stages Elements [OB]:

Always in the consummated stage. [REYES, 1. Offender makes Offers or promises or
Book 2] gives gifts or presents to a public officer;
and
Mere Physical Receipt is Insufficient 2. Offers or promises are made or the gifts or
There must be clear intention on the part of the presents given to a public officer, under
public officer to take the gift offered and circumstances that will make the public
consider the property as his own for that officer liable for direct Bribery or indirect
moment. Mere physical receipt bribery.
unaccompanied by any other sign,
circumstance or act to show such acceptance Offeror is Punished
is not sufficient. [Formilleza v. Sandiganbayan, The offender is the giver of the gift or the offeror
G.R. No. 75160 (1988)] of the promise. This applies even if the gift was
demanded by the public officer. [REYES, Book
i. Article 211-A – Qualified Bribery 2]

Elements [LAC]: Distinguished from Bribery – Provisions

1. Offender is a public officer entrusted with penalizing Bribery punishes the public officer
Law enforcement; and not the offeror
2. He refrains from Arresting or prosecuting
an offender who has committed a crime No Frustrated Stage
punishable by reclusion perpetua and/or There is no frustrated corruption or bribery
death; because both crimes require the concurrence
3. Offender refrains from arresting or of the will of the corruptor and public officer.
prosecuting in Consideration of any offer, [BOADO]
promise, gift, or present.

Effect if Penalty Imposable is Lower than

Reclusion Perpetua or Death
If the penalty imposed is lower than reclusion
perpetua and/or death, the crime is direct

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3. Chapter III: Frauds and Illegal Not necessary for Government to Actually
be Defrauded
Exactions and Transactions It is consummated by merely entering into
agreement or by merely making use of other
a. Article 213 – Fraud Against the schemes to defraud the government. [REYES,
Public Treasury and Similar Book 2]
Offenses
Elements of Illegal Exactions (par.2-4) [C-
Punishable Acts: [EnD-ReC] DRC]:
1. Entering into an agreement with any 1. Offender is a public officer entrusted with
interested party or speculator or making the Collection of taxes, licenses, fees and
use of any other scheme, to defraud the other imposts;
government, in dealing with any person 2. He is guilty of the following acts or
with regard to furnishing supplies, the omissions:
making of contracts, or the adjustment or a. Demanding directly or indirectly,
settlement of accounts relating to public payment of sums different from or
property or funds; larger than those by law;
2. Demanding, directly or indirectly, the b. Failing voluntarily to issue a Receipt as
payment of sums different from or larger provided by law, for any sum of money
than those authorized by law, in collection collected by him officially; or
of taxes, licenses, fees, and other imposts; c. Collecting or receiving, directly or
3. Failing voluntarily to issue a Receipt, as indirectly, by way of payment or
provided by law, for any sum of money otherwise, things or object of a nature
collected by him officially, in the collection different from that provided by law
of taxes, licenses, fees and other imposts;
4. Collecting or receiving, directly or Persons Liable
indirectly, by way of payment or otherwise, General Rule: Only specific public officers are
things or objects of a nature different from liable and this can only be committed
that provided by law, in the collection of principally by a public officer whose official duty
taxes, licenses, fees and other imposts. is to collect taxes, license fees, import duties
and other dues payable to the government.
Elements of Fraud against Public Treasury [Art. 213, RPC]
(par.1) [POED]:
1. Offender is a Public officer Exception: BIR and Customs employees are
2. He took advantage of his public office; he not covered by the article. The NIRC or the
intervened in the transaction in his Official Revised Administrative Code is the applicable
capacity law. [BOADO]
3. He Entered into an agreement with any
interested party or speculator or made use Receipt must be an Official Receipt
of any other scheme with regard to: The act of receiving payment due the
a. Furnishing supplies government without issuing a receipt will give
b. The making of contracts or rise to illegal exaction even though a
c. Adjustment or settlement of accounts provisional receipt has been issued. What the
relating to public property or funds law requires is a receipt in the form prescribed
4. Accused had intent to Defraud the by law, which means official receipt.
Government.
When Estafa instead of Illegal Exaction
When there is deceit in demanding a greater
fee than those prescribed by law, the crime

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

committed is estafa and not illegal exaction. Persons liable [PEG]:

[US v. Lopez, G.R. No. L-3968 (1908)] 1. Public officer who, directly or indirectly,
became interested in any contract or
b. Article 214 – Other Frauds business in which it was his official duty to
intervene;
Elements [PACo]: 2. Experts, arbitrators, and private
1. Offender is a Public officer; accountants who, in like manner, took part
2. He takes Advantage of his official position; in any contract or transaction connected
and with the estate or property in the appraisal,
3. He Commits any of the frauds or deceits distribution or adjudication of which they
enumerated in Article 315 to 318 (estafa, had acted; and
other forms of swindling, swindling a minor, 3. Guardians and executors with respect to
other deceits). the property belonging to their wards or the
estate.
Penalty of Special Disqualification
Additional penalty of temporary special Fraud is Not Necessary
disqualification in its maximum period to The act is punished because of the possibility
perpetual special disqualification, apart from that fraud may be committed or that the
the penalties imposed in Arts 315-318. [Art. offender will place his own interest above the
214, RPC] Government or the party he represents [US v.
Udarbe, G.R. No. 9945 (1914)]
c. Art. 215 – Prohibited Transactions
Intervention by Virtue of Public Office
Elements [AIIJ]: Intervention must be by virtue of the public
1. Offender is an Appointive public officer; office held. The contracts the official intervenes
2. He becomes Interested, directly or in must have a connection with his office.
indirectly, in any transaction of exchange or [REYES, Book 2]
speculation;
3. He becomes interested during his 4. Chapter IV: Malversation of
Incumbency; and Public Funds or Property
4. Transaction takes place within the territory
subject to his Jurisdiction;
a. Article 217 – Malversation of Public
Examples of Transactions of Exchange or
Funds or Property - Presumption
Speculation of Malversation
Buying and selling stocks, commodities, land,
etc. wherein one hopes to take advantage of an Modes [AT-PeM]:
expected rise or fall in price. Although 1. Appropriating public funds or property;
purchasing of stocks or shares in a company is 2. Taking or misappropriating the same;
a simple investment and not a violation of the 3. Consenting, or through abandonment or
article, regularly buying securities for resale is negligence, Permitting any other person to
speculation. [REYES, Book 2] take such public funds or property; and
4. Being otherwise guilty of the
d. Article 216 – Possession of Misappropriation or malversation of such
funds or property.
Prohibited Interest by a Public
Officer Elements Common to All Modes [PCPA]:
1. Offender is a Public officer;

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

2. He had the Custody or control of funds or 2. Has become an Accomplice or accessory

property by reason of the duties of his to a public officer who commits
office; malversation;
3. He was accountable for Public funds or 3. Is made the Custodian in whatever
property; capacity of public funds or property,
4. He Appropriated, took, misappropriated or whether belonging to national or local
consented or, through abandonment or government, and he misappropriates the
negligence, permitted another person to same [Article 222, RPC]; or
take them. 4. Is constituted as the Depositary or
administrator of funds or property seized or
NOTE: Malversation is also called attached by public authority even though
embezzlement. [REYES, Book 2] said funds or property belong to a private
individual [Article 222, RPC].
Appropriation
Appropriation involves every attempt to Sheriffs and receivers are included.
dispose of public funds or property without a They fall under the term “administrator.”
right to do so. [Tabuena v. Sandiganbayan, [REYES, Book 2]
G.R. Nos. 103501-03 (1997)]
Judicial Administrator Not Covered
Can be Committed with Malice or Through A judicial administrator in charge of settling the
Negligence or Imprudence. estate of the deceased is not covered by the
● Negligence - omission of reasonable care article. Conversion of effects in his trust makes
and caution which an ordinary prudent him liable for estafa. [REYES, Book 2]
person would have used in the same
situation. The measure of negligence is the Private Property Covered
standard of care commensurate with the Private property is included, provided it is:
occasion. [Leano v. Domingo, G.R. No. 1. Attached;
84378 (1998)] 2. Seized; or
● Good Faith as a Defense - For 3. Deposited by public authority. [REYES,
malversation not committed through Book 2]
negligence, good faith is a defense as it
negates criminal intent. [Quizo v. Presumption of Misappropriation
Sandiganbayan, G.R. No. 77120 (1987)] When a demand is made upon an accountable
officer and he cannot produce the fund or
Persons Liable property involved, there is a prima facie
General Rule: Offender is a Public Officer presumption that he had converted the same to
Accountable Office - The nature of the duties of his own use. [People v. Wa-Acon, G.R. No.
the public officer, not the name of the office, is 164575 (2006)]
controlling. Thus, a clerk who receives money
or property belonging to the government, in the Not Elements of Malversation
course of his employment, for which he is Demand as well as damage to the government
bound to account, may be liable under Article are not necessary elements. Demand merely
217. [Rueda v. Sandiganbayan, G.R. No. raises a prima facie presumption that missing
129064 (2000)] funds have been put to personal use. Damage
to the government is immaterial because the
Exception: Private persons may also penalty is based on the amount involved.
commit malversation. Such as when a private [Morong Water District v. Office of the Deputy
person: [CoA-CuD] Ombudsman, G.R. No. 116754 (2000)]
1. Acts in Conspiracy with a public officer in
committing malversation;

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Direct Evidence Not Required for Need for Damage

Conviction
An accountable public officer may be convicted Not required Required
even in the absence of direct evidence, where
he has not been able to satisfactorily explain Necessity of Prior Demand
the absence of the public funds. [Estepa v.
Sandiganbayan, G.R. No. 59670 (1990)] Not necessary Required
[REYES, Book 2]
Restitution
Returning the malversed funds is not Malversation, Estafa, and Qualified Theft of
exempting, it is only mitigating. [Perez v Public Funds/Property [BOADO]
People, 544 SCRA 532]
Malversation Estafa Qualified
When Crime is Estafa instead of [Art. 217] [Art. 315] Theft [Art.
Malversation 310]
The funds or property must be received in an
As to Offender
official capacity, in which case, the crime is
Malversation. Otherwise, the crime committed Accountable Offender who Offender who
is estafa. [US v. Solis, G.R. No. L-2828 (1906)] Public Officer is not has mere
accountable physical
Malversation v. Estafa and has possession
Malversation [Art Estafa [Art. 315] acquired and took the
217] juridical property with
possession abuse of
Nature of Funds thereof and confidence
took it with
Public Private abuse of
confidence or
As to the Offender
deceit
Offender is usually a Offender is a private
public officer who is individual or even a b. Article 218 – Failure of
accountable for the public officer who is
Accountable Officer to Render
public funds/property not accountable for
public funds/property Accounts

Means of Commission Elements [PART]:

1. Offender is Public officer, whether in the
Crime is committed Crime is committed service or separated therefrom by
by appropriating, by misappropriating, resignation or any other cause;
taking, or converting, or 2. He is an Accountable officer for public
misappropriating/co denying having funds or property;
nsenting or through received money, 3. He is Required by law or regulation to
abandonment or goods or other render account to the Commission on
negligence, personal property Audit, or to a provincial auditor;
permitting any other 4. He fails to do so for a period of Two months
person to take the after such accounts should be rendered.
public
funds/property

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Demand and Misappropriation Not Malversation v. Technical Malversation

Necessary [Boado]
It is also not essential that there be
Malversation Technical
misappropriation because if present, the crime
(Art 217) Malversation (Art
would be malversation. [REYES, Book 2]
220)

c. Article 219 – Failure of a Nature of Funds

Responsible Public Officer to
Render Accounts Before Leaving Public Funds
the Country As to the Offender

Elements [PAU]: Accountable Public Officers

1. Offender is a Public officer;
2. He is an Accountable officer for public Appropriation of Funds
funds or property;
3. He Unlawfully leaves or attempts to leave No such requirement Must be appropriated
the Philippine Islands without securing a by Law or Ordinance
certificate from the Commission on Audit
What is Done with the Funds
showing that his accounts have been finally
settled. Applied to personal Applied to public use
Leaving must be Unlawful use and benefit of the other than what it
The act of leaving the country must be offender or another was appropriated for
unauthorized or not permitted by law. [REYES, person
Book 2]
Good faith as a Defense
d. Article 220 – Illegal Use of Public
Funds or Property For malversation not Good faith is not a
committed through defense. Technical
Elements [P-PAO]: negligence, good malversation is
1. Offender is a Public officer; faith is a defense as it malum prohibitum.
2. There are Public funds or property under negates criminal [Ysidoro v. People,
his administration; intent. [Quizo v. 685 SCRA 637].
3. Such fund or property were Appropriated Sandiganbayan,
by law or ordinance; G.R. No. 77120
4. He applies such public fund or property to (1987)]
any public use Other than for which it was
appropriated for. e. Article 221 - Failure to Make
Delivery of Public Funds or
Technical Malversation
Property
Illegal use of public funds or property is also
known as technical malversation. The term
Punishable Acts [FaR]:
technical malversation is used because in this
1. Failing to make payment by a public officer
crime, the fund or property involved is already
who is under the obligation to make such
appropriated or earmarked for a certain public
payment from Government funds in his
purpose. Despite the public purpose, the act is
possession
punished because it remains a violation of the
2. Refusing to make delivery by a public
appropriations law [REYES, Book 2].
officer who has been ordered by competent

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

authority to deliver any property in his 5. Chapter V: Infidelity of Public

custody or under his administration
Officers
Elements:
SECTION 1. INFIDELITY IN THE CUSTODY
Mode 1: Failing to Mode 2: Refusing OF PRISONERS
Make Payment to make delivery
[PPM] [PDM] a. Article 223 – Conniving With or
1. Public officer has government funds in his Consenting to Evasion
possession

2. Obligation to 2. Obligation to Elements [P-CEC]:

make Payment from Deliver any property 1. Offender is a Public officer;
such funds in his custody or 2. He had in his Custody or charge a prisoner,
under his either detention prisoner or prisoner by
administration final judgment;
3. Such prisoner Escaped from his custody;
3. Maliciously fails to perform the obligation 4. He was in Connivance with the prisoner in
the latter’s escape. (“shall consent to the
escape”)

Basis of Penalty Classes of Prisoners Involved [FD]

1. Those sentenced by Final judgment; and
● Failure to make payment: fine shall be 5 to
2. Detention prisoners who are temporarily
25% of the amount he fails to pay
held in legal custody
● Refusal to make delivery. [Art. 221(1)(2),
RPC]
What is Not Considered as Infidelity in
Custody
f. Article 222 – Officers Included in
Leniency, laxity, and release of a detention
the Preceding Provisions prisoner who could not be delivered to judicial
authorities within the time fixed by law is not
NOTE: This article provides that private infidelity in the custody of a prisoner. [People v.
individuals may also be held liable for the Lancanan, G.R. No. L-6805 (1954)]
crimes under Art 217 to 221.
Actual Evasion Even Without Actual
Officers Include: Escape
1. Private individuals who, in any capacity, There is real actual evasion of service of a
have charge of any national, provincial or sentence when the custodian permits the
municipal funds, revenue, or property prisoner to obtain a relaxation in his
2. Administrator or depositary of funds or imprisonment and to escape the punishment of
property that has been attached, seized or being deprived of his liberty, thus making the
deposited by public authority, even if penalty ineffectual, although the convict may
owned by a private individual. not have fled. This includes allowing prisoners
to sleep and eat in the officer’s house or utilize
SEE: Art. 217 for extensive discussion the prisoner’s services for domestic chores.
[US v. Bandino, G.R. No. 9964 (1915)]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Consenting to Evasion v. Delivering Liability of Escaping Prisoner:

Prisoners From Jail ● If he is a prisoner by final judgment -
liable for evasion of service (Art. 157)
Consenting to Delivering
● If he is a detention prisoner - he does not
Evasion Prisoners from Jail
incur criminal liability [REYES, Book 2]
[Art. 223] [Art. 156]

As to Who may Commit c. Article 225 – Escape of Prisoner

under the Custody of a Person Not
By a public officer By an outsider or by a Public Officer
having the legal a public officer who
charge or custody of does NOT have the Elements [PCE-CN]:
a prisoner. official charge or 1. Offender is a Private person;
custody of the 2. Conveyance or custody of a prisoner or
prisoner. person under arrest is confided to him;
3. Prisoner or person under arrest Escapes;
As to the Manner of Commission
4. Offender Consents to the escape, or that
By conniving or By removing from the escape takes place through his
consenting to the jail a prisoner Negligence.
escape of a confined therein or
prisoner. helping in the Not Applicable if Private Person made the
escape of such Arrest
prisoner. Art. 225 is not applicable if a private person
was the one who made the arrest and he
[AMURAO] consented to the escape of the person he
arrested. [REYES, Book 2]
b. Article 224 – Evasion through
Negligence Consenting to Evasion vs. Delivering
Prisoners from Jail
Elements [P-CoN]:
Consenting to Delivering
1. Offender is a Public officer;
Evasion Prisoners from Jail
2. He is charged with the Conveyance or
[Art. 225] [Art. 156]
custody of a detention prisoner or prisoner
by final judgment; As to who may Commit
3. Such prisoner escapes through Negligence
By a Private Person By an outsider or by
Deliberate Non-performance of Duty who acts as a a public officer who
This covers only positive carelessness and custodian of the does NOT have the
definite laxity which amounts to deliberate non- Prisoner. official charge or
performance of duties. [Rodillas v. custody of the
Sandiganbayan, G.R. No. L-58652 (1988)] prisoner.

Recapture does not lead to exculpation

The fact that the public officer recaptured the
prisoner who had escaped from his custody
does not afford complete exculpation. [REYES,
Book 2]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

SECTION 2. INFIDELITY IN THE CUSTODY 2. A book is not a document. A document is

OF DOCUMENTS a written instrument by which something is
proven or made of record [People v. Agnis,
d. Article 226 – Removal, G.R. No. L-19676 (1923)]
Concealment, or Destruction of 3. “Papers” - includes checks, promissory
Documents notes, and paper money. [REYES, Book 2]

Elements [P-ReDeCo-ED]: Consummated upon Removal

Removal is consummated upon taking or
1. Offender is a Public officer;
2. He Removes, Destroys or Conceals a secreting away of the document from its usual
document or papers; place. It is immaterial whether or not the illicit
purpose of the offender has been
3. Said document or papers should have
been Entrusted to such public officer by accomplished. [Kataniag v. People, G.R.
reason of his office; No.48398 (1984)]
4. Damage, whether serious or not, to a third
Delivery of Documents to Wrong Person
party or to the public interest has been
caused. Delivering documents to the wrong party is
infidelity in the custody thereof. This could
Offender Must be Officially Entrusted with cover failure on the part of the post office to
the Documents forward the letters to their destination. [REYES,
Can only be committed by the public officer Book 2]
who is made the custodian of the document in
his official capacity. If the offender is a private e. Article 227 – Officer Breaking Seal
individual, estafa is committed. [REYES, Book
2] Elements [P-CSB]:
1. Offender is a Public officer;
Removal Must be for Illicit Purpose 2. He is charged with the Custody of papers
If the act of removal is done with lawful motives or property;
such as to save the documents from imminent 3. These papers or property are Sealed by
danger of loss or destruction, there would be proper authority;
no crime committed. However, illicit motive is 4. He Breaks the seal or permits them to be
not required if the mode is concealment or broken.
destruction. [REYES, Book 2]
Damage/Intent to Cause Damage Not
Damage Caused Necessary
Damage in this article may consist in mere Where documents are sealed by competent
alarm to the public or in the alienation of its authorities, it is evident that the purpose
confidence in any branch of the government thereof is to ensure their preservation. It is
service. [Kataniag v. People, G.R. No.48398 sufficient that the seal is broken, even if the
(1984)] contents are not tampered with. [REYES, Book
2]
Documents
1. Documents must be complete and one f. Article 228 – Opening of Closed
by which a right could be established or an Documents
obligation could be extinguished. If the
writings are mere forms, there is no crime. Elements [PoCON]:
[People v. Camacho, G.R. No.18688 1. Offender is a Public officer;
(1923)] 2. Any Closed papers, documents, or objects
are entrusted to his custody;

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

3. He Opens or permits to be opened said

closed papers, documents or objects; Revelation of Secrets v. Infidelity in the
4. He does Not have proper authority. Custody of Documents [REYES, Book 2]
Revelation of Infidelity in
Act should not be under Art 227
Secrets by an Custody of
If the public officer had to break a seal to open
Officer (Art 229) Documents/Papers
the closed document, he is liable under Art 227.
by Removing the
[REYES, Book 2]
Same (Art 226)
g. Article 229 – Revelation of Secrets Content of the Papers
by an Officer
Papers contain Papers do not
Punishable Acts [ReD]: secrets /papers contain secrets.
1. Revealing any secrets known to the which should not be
offending public officer by reason of his published.
official capacity
2. Wrongfully Delivering papers or copies of Damage Involved
papers of which he has charge and which
should not be published Damage is to public Damage is to public
interest interest or third
Elements: persons

Mode 1: Revelation Mode 2: Wrongful

of Secrets delivery of papers h. Article 230 – Public Officers
[P-SRD] [P-PWD] Revealing Secrets of Private
Individuals
1.Offender is a Public officer
Elements [PSR]:
2. He knows of a 2. He has charge of
1. Offender is a Public officer;
Secret by reason of Papers which should
2. He knows of the Secrets of a private
his official capacity not be published
individual by reason of his office;
3. He Reveals such secrets without authority
Secrets must affect Custody Required
or justifiable reason.
public interest. If “Charge” - means
the secret revealed custody or control. If
When the Offender is a Lawyer
does not involve he is merely
When the offender is a public attorney or a
public interest, no entrusted with the
solicitor, the act of revealing the secret should
crime is committed. papers and not with
not be covered by Art 209 (Betrayal of Trust).
Secrets of private the custody thereof,
[REYES, Book 2]
individuals are not he is not liable under
included. [REYES, this article.
Damage Not Necessary
Book 2]
Damage to private individual is not necessary.
3. He Reveals such 3. He Wrongfully The reason for this provision is to uphold faith
secret without delivers those and trust in public service. [REYES, Book 2]
authority or papers or copies
justifiable reasons thereof to a third
person

4. There is Damage to public interest

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Revelation of Secrets by an Officer v. Public Elements [PES-DiDi]:

Officer Revealing Secrets of Private 1. Offender is a Public officer;
Individual 2. An order is issued by his superior for
Execution;
Revelation of Public Officer
3. He Suspended the execution of such order;
Secrets by an Revealing Secrets
4. His superior Disapproves the suspension
Officer [Art 229] of a Private
Individual of the execution of the order; and
5. Offender Disobeys his superior despite the
[Art. 230]
disapproval of the suspension.
Nature of the Secret
Illegal Orders
Secret involves public Secret involves a This does not apply if the order of the superior
interest private individual is illegal. [Art 11(6), RPC]

Necessity for Damage c. Article 233 – Refusal of Assistance

Damage to public Damage is not
Elements [P-CoM]:
interest is essential essential
1. Offender is a Public officer;
2. A competent authority demands from the
6. Chapter VI: Other Offenses or offender that he lend his Cooperation
towards the administration of justice or
Irregularities by Public other public service;
Officers 3. Offender Maliciously fails to do so.

SECTION 1. DISOBEDIENCE, REFUSAL OF Official Duty of Public Officer

ASSISTANCE, AND MALTREATMENT OF To be liable, the public officer must have the
PRISONERS obligation, by reason of his office, to render
assistance in the administration of justice or
a. Article 231 – Open Disobedience other public service. [AMURAO]

Elements [Je-JWR]: Damage is Essential

1. Officer is a Judicial or executive officer; Damage to public interest or to a third party is
2. There is a Judgment, decision or order of a essential. Serious damage leads to a higher
superior authority; penalty. [REYES, Book 2]
3. Such judgment, decision or order was
made Within the scope of the jurisdiction of d. Article 234 – Refusal to Discharge
the superior authority and issued with all Elective Office
the legal formalities;
4. He openly Refuses to execute the said Elements [ERL]:
judgment, decision or order, which he is 1. Offender is elected by popular Election to a
duty bound to obey without any legal public office;
justification. 2. He Refuses to be sworn in or to discharge
the duties of said office;
b. Article 232 – Disobedience to the 3. There is no Legal motive for such refusal to
Order of Superior Officer When be sworn in or to discharge the duties of
Said Order Was Suspended by said office.
Inferior Officer

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Only for Elective Officials Torture

Once an individual is elected to an office by the If the acts of maltreatment constitute torture,
will of the people, discharge of duties becomes there is a separate criminal liability from the
a matter of duty, not only a right. This only crime under the RPC. Torturous acts are not
applies for elective, not appointive officers. absorbed in, nor do they absorb other crimes.
[REYES, Book 2] [Section 15, RA 9745]

e. Article 235 – Maltreatment of SECTION 2. ANTICIPATION,

Prisoners PROLONGATION, AND ABANDONMENT
OF THE DUTIES AND POWERS OF PUBLIC
Elements [PCM]: OFFICE
1. Offender is a Public officer or employee;
2. He has under his Charge a prisoner or f. Article 236 – Anticipation of Duties
detention prisoner; of a Public Officer
3. He Maltreats such prisoner by overdoing
himself in the correction or handling of a Elements [ESAN]:
prisoner or detention prisoner under his 1. Offender is Entitled to hold a public office
charge by: or employment, either by election or
a. Imposition of punishment not appointment;
authorized by the regulations; 2. The law requires that he should first be
b. Inflicting such punishments Sworn in and/or should first give a bond;
(those authorized) in a cruel 3. He Assumes the performance of the duties
and humiliating manner. and powers of such office; and
c. Maltreating such prisoners to 4. He has Not taken his oath of office and/or
extort a confession or to obtain given the bond required by law.
some information from the
prisoner. Comparison Between Art 234 and Art 236
Refusal to Anticipation of
Offender Must Have Direct Custody
Discharge Elective Duties of a Public
This is committed only by such public officer Office Officer
charged with direct custody of the prisoner. [Art. 234] [Art. 236]
[Punzalan v. People, G.R. No.L-8820 (1956)]
As to Nature of Position
If the public officer is not the custodian of the
prisoner and he manhandles the latter - crime Officer is elected Officer is elected or
is physical injuries. [REYES, Book 2] appointed

Cannot be Complexed with other Crimes As to Act Punished

Maltreatment of prisoners cannot be
complexed with homicide, physical injuries, or The officer, without The offender
legal motive, refuses assumes the
other crimes as the article says “in addition to
to be sworn in or performance of the
his liability for the physical injuries or damage
discharge the duties duties of the office
caused…” [AMURAO]
of his office. without having been
sworn in or giving
Qualifying Circumstance
the bond required by
If the maltreatment was done in order to extort
law.
confession, the penalty is qualified to the next
higher degree. [REYES, Book 2]

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

g. Article 237 – Prolonging Abandonment of Office v. Dereliction of

Performance of Duties and Powers Duty
Abandonment of Dereliction of Duty
Elements [PPC]: Office or Position (Art. 208)
1. Offender is holding a Public office; (Art. 238)
2. Period provided by law, regulations or As to Offender
special provision for holding such office,
has already expired; and Committed by any Committed only by
3. He Continues to exercise the duties and public officer public officers who
powers of such office. have the duty to
institute prosecution
Officers Covered for the punishment of
The offenders here are those who can be violations of the law
suspended, separated, declared over-aged, or As to Abandonment
dismissed. [REYES, Book 2]
There is actual Public officer does
abandonment not abandon his
h. Article 238 – Abandonment of
through resignation to office but merely fails
Office or Position evade the discharge to prosecute a
of duties violation of the law.
Elements [PRNA]:
1. Offender is a Public officer;
2. He formally Resigns from his position; SECTION 3. USURPATION OF POWERS
3. His resignation has Not yet been accepted; AND UNLAWFUL APPOINTMENTS
and
4. He Abandons his office to the detriment of i. Article 239 – Usurpation of
public service. Legislative Powers

NOTE: Resignation must be written [REYES, Elements [EJ-MAS]:

Book 2] 1. Offender is an Executive or Judicial officer,
who encroaches upon the powers of the
Requisites for Resignation [InAA] Legislative branch by:
1. Intention to relinquish part of the term a. Making general rules or regulations
2. Act of relinquishment beyond the scope of his authority; or
3. Acceptance by the proper authority [LRTA b. Attempting to repeal a law; or
v. Salvana, G.R. No. 192074 (2014)] c. Suspending the execution thereof.

Qualifying Circumstance j. Article 240 – Usurpation of

The offense is qualified when the purpose of Executive Functions
the abandonment is to evade the discharge of
duties of preventing, prosecuting, or punishing Elements [JAO]:
any of the crimes falling within Title One 1. Offender is a Judge;
(Crimes against National Security and the Law 2. That he:
of the Nations) and Chapter One of Title Three a. Assumes a power pertaining to the
(Rebellion, Coup d’état, Sedition, and executive authorities, or
Disloyalty) of book two of the RPC. [Amurao] b. Obstructs the executive authorities in
the lawful exercise of their powers.

NOTE: If the offender is not a judge the crime

is punishable under Art 177 (Usurpation of

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Authority or Official Function). [REYES, Book n. Article 244 – Unlawful

2] Appointments
k. Article 241 – Usurpation of Judicial Elements [P-NoLaK]:
Functions 1. Offender is a Public officer;
2. He Nominates or appoints a person to a
Elements [Ex-AO]: public office;
1. Offender is an officer of the Executive 3. Such person Lacks the legal qualifications
branch; therefore;
2. That he: 4. Offender Knows that his nominee or
a. Assumes judicial powers, or appointee lacks the qualification at the time
b. Obstructs the execution of any order or he made the nomination or appointment.
decision rendered by any judge within
his jurisdiction. NOTES:
1. Mere recommendation is not a crime,
l. Article 242 – Disobeying Request even if such person knew that the person
for Disqualification recommended is not qualified. [REYES,
Book 2]
Elements [PPQRC]: 2. Qualifications must be provided for by
1. Offender is a Public officer; law [id.]
2. A proceeding is Pending before such public
officer; o. Article 245 – Abuses Against
3. There is a Question brought before the Chastity
proper authority regarding his jurisdiction,
which is not yet decided; Punishable Acts [DCuW]:
4. He has been lawfully required to Refrain 1. Soliciting/making immoral or indecent
from continuing the proceeding; advances to a woman interested in matters
5. He Continues the proceeding. pending before the offending officer for
Decision or with respect to which he is
NOTE: The disobedient officer is liable even if required to submit a report to or consult
the jurisdictional question is resolved in his with a superior officer;
favor. [REYES, Book 2] 2. Soliciting or making immoral or indecent
advances to a woman under the offender’s
m. Article 243 – Orders or Request by Custody;
Executive Officer to Any Judicial 3. Soliciting or making immoral or indecent
Authority advances to the Wife, daughter, sister or
relative within the same degree by affinity
of any person in the custody of the
Elements [EJJ]:
offending warden or officer.
1. Offender is an Executive officer;
2. He addresses any order or suggestion to
any Judicial authority;
3. The order or suggestion relates to any case
or business coming within the exclusive
Jurisdiction of the courts of justice.

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U.P. BOC CRIMINAL LAW II CRIMINAL LAW

Elements:
H. CRIMES AGAINST
Mode 1: Mode 2: Mode 3:
Soliciting to Soliciting to Soliciting to PERSONS
a woman a woman wife/daughte
interested in under r/sister/ 1. Chapter I: Destruction of Life
pending offender’s relative of
matters custody person in SECTION 1. PARRICIDE, MURDER,
[PSP] [PSC] custody HOMICIDE
[PSR]
a. Article 246 – Parricide
1. Offender is a Public officer

2. He Solicits or makes immoral or indecent Elements: [KAA-FaMCADS]

advances to a woman 1. A person is Killed;
2. Deceased is killed by the Accused;
3. Deceased is the Accused's:
3. Woman is 3. Woman is 3. Woman is a. Legitimate/illegitimate Father
interested in under the the wife, b. Legitimate/illegitimate Mother
matters Custody of daughter, c. Legitimate/illegitimate Child (should not
Pending the offender sister or be less than 3 days old, otherwise crime
before the who is a Relative is infanticide)
offender for warden or within the d. Other legitimate Ascendant
decision, or other public same degree e. Other legitimate Descendant
with respect officer by affinity of f. Legitimate Spouse
to which he directly the person in
is required to charged with the custody Relationship
submit a the care and of the Relationship of offender with the victim is an
report to or custody of offender.
essential element of this crime; except for
consult with prisoners.
spouses, only relatives by blood and in direct
a superior.
line are covered. An adopted child is not
covered by parricide.
Solicitation
Solicit is to propose earnestly and persistently Rules on Relationship of Relatives
something unchaste and immoral to a woman. 1. Father, mother or child may be legitimate
The advances must be immoral or indecent. or illegitimate
Proof of solicitation is not necessary when 2. Other ascendants or descendants must be
there is sexual intercourse. [REYES, Book 2] legitimate
3. Child should not be less than 3 days old,
Consummated by Proposal otherwise, crime is infanticide
The crime is consummated by mere proposal. 4. Spouse must be legitimate; Muslim
It is not necessary that the woman should have husbands with several wives can be
yielded to the solicitation of the offender. convicted of parricide only in case the first
[REYES, Book 2] wife is killed. [People v. Subano, G.R. No.
L-20338 (1967)]
Mother of Person in Custody Not Included
The mother of the person in the custody of the NOTE: Relationship must be alleged in the
public officer is not included. [REYES, Book 2] Information to be convicted of Parricide.
[People v. Jumawan, G.R. No. 187495 (2014)]

Page 196 of 277