Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
0. sei:e in t#e &essel $#ile on t#e #ig# seas or in -#ilippine $aters t#e
$#ole or part of its cargo1 its e3uipment or personal 0elongings of its
complement or passengers;
4. T#ere is intent to gain.
>riginally, the crimes of piracy and mutiny can only be committed in the high seas, that
is, outside Philippine territorial waters. :ut in !ugust (8?*, Presidential @ecree ,o. $6"
#The !ntiPiracy and !ntiHighway Robbery Aaw of (8?*% was issued, punishing piracy,
but not mutiny, in Philippine territorial waters. Thus came about two 4inds of piracy' #(%
that which is punished under the Revised Penal Code if committed in the high seas< and
#"% that which is punished under Presidential @ecree ,o. $6" if committed in Philippine
territorial waters.
!mending !rticle ("", Republic !ct ,o. ?-$8 included therein piracy in Philippine
waters, thus, pro tanto superseding Presidential @ecree ,o. $6". !s amended, the
article now punishes piracy, as well as mutiny, whether committed in the high seas or in
Philippine territorial waters, and the penalty has been increased to reclusion perpetua
from reclusion temporal.
:ut while under Presidential @ecree ,o. $6", piracy in Philippine waters could be
committed by any person, including a passenger or member of the complement of a
vessel, under the amended article, piracy can only be committed by a person who is not
a passenger nor member of the complement of the vessel irrespective of venue. 5o if a
passenger or complement of the vessel commits acts of robbery in the high seas, the
crime is robbery, not piracy.
,ote, however, that in 5ection * of Presidential @ecree ,o. $6", the act of aiding pirates
or abetting piracy is penali3ed as a crime distinct from piracy. 5aid section penali3es
any person who 4nowingly and in any manner aids or protects pirates, such as giving
them information about the movement of the police or other peace officers of the
government, or ac9uires or receives property ta4en by such pirates, or in any manner
derives any benefit therefrom< or who directly or indirectly abets the commission of
piracy. !lso, it is expressly provided in the same section that the offender shall be
considered as an accomplice of the principal offenders and punished in accordance with
the Revised Penal Code. This provision of Presidential @ecree ,o. $6" with respect to
piracy in Philippine water has not been incorporated in the Revised Penal Code. ,either
may it be considered repealed by Republic !ct ,o. ?-$8 since there is nothing in the
amendatory law is inconsistent with said section. !pparently, there is still the crime of
abetting piracy in Philippine waters under Presidential @ecree ,o. $6".
Considering that the essence of piracy is one of robbery, any ta4ing in a vessel with
force upon things or with violence or intimidation against person is employed will always
be piracy. &t cannot coexist with the crime of robbery. Robbery, therefore, cannot be
committed on board a vessel. :ut if the ta4ing is without violence or intimidation on
persons of force upon things, the crime of piracy cannot be committed, but only theft.
"
6.estios 7 As+ers
Could t#eft 0e committed on 0oard a &essel=
Bes. The essence of piracy is one of robbery.
!lements of mutiny
1. T#e &essel is on t#e #ig# seas or -#ilippine $aters;
2. .ffenders are eit#er mem0ers of its complement1 or passengers of t#e &essel;
3. .ffenders eit#er /
a. attac6 or sei:e t#e &essel; or
0. sei:e t#e $#ole or part of t#e cargo1 its e3uipment1 or personal
0elongings of t#e cre$ or passengers.
0utiny is the unlawful resistance to a superior officer, or the raising of commotions and
disturbances aboard a ship against the authority of its commander.
@istinction between mutiny and piracy
#(% !s to offenders
0utiny is committed by members of the complement or the passengers of the
vessel.
Piracy is committed by persons who are not members of the complement or the
passengers of the vessel.
#"% !s to criminal intent
&n mutiny, there is no criminal intent.
&n piracy, the criminal intent is for gain.
Article 138. 6.ali(ie$ %irac#
!lements
1. T#e &essel is on t#e #ig# seas or -#ilippine $aters>
2. .ffenders may or may not 0e mem0ers of its complement1 or passengers of t#e
&essel;
'
3. .ffenders eit#er /
a. attac6 or sei:e t#e &essel; or
0. sei:e t#e $#ole or part of t#e cargo1 its e3uipment.1 or personal
0elongings of t#e cre$ or passengers;
4. T#e preceding $ere committed under any of t#e follo$ing circumstances>
a. $#ene&er t#ey #a&e sei:ed a &essel 0y 0oarding or firing upon t#e same;
0. $#ene&er t#e pirates #a&e a0andoned t#eir &ictims $it#out means of
sa&ing t#emsel&es; or
c. $#ene&er t#e crime is accompanied 0y murder1 #omicide1 p#ysical
in?uries or rape.
&f any of the circumstances in !rticle("6 is present, piracy is 9ualified. Ta4e note of the
specific crimes involve in number * c #murder, homicide, physical injuries or rape%.
.hen any of these crimes accompany piracy, there is no complex crime. &nstead, there
is only one crime committed + 9ualified piracy. 0urder, rape, homicide, physical injuries
are mere circumstances 9ualifying piracy and cannot be punished as separate crimes,
nor can they be complexed with piracy.
!lthough in !rticle ("6 merely refers to 9ualified piracy, there is also the crime of
9ualified mutiny. 0utiny is 9ualified under the following circumstances'
#(% .hen the offenders abandoned the victims without means of saving themselves<
or
#"% .hen the mutiny is accompanied by rape, murder, homicide, or physical injuries.
,ote that the first circumstance which 9ualifies piracy does not apply to mutiny.
Re".9lic Act No. '38! :T,e Ati Hi;<ac=i* La+>
!nti hijac4ing is another 4ind of piracy which is committed in an aircraft. &n other
countries, this crime is 4nown as aircraft piracy.
2our situations governed by anti hijac4ing law'
#(% usurping or sei3ing control of an aircraft of Philippine registry while it is in flight,
compelling the pilots thereof to change the course or destination of the aircraft<
)
#"% usurping or sei3ing control of an aircraft of foreign registry while within Philippine
territory, compelling the pilots thereof to land in any part of Philippine territory<
#6% carrying or loading on board an aircraft operating as a public utility passenger
aircraft in the Philippines, any flammable, corrosive, explosive, or poisonous
substance< and
#*% loading, shipping, or transporting on board a cargo aircraft operating as a public
utility in the Philippines, any flammable, corrosive, explosive, or poisonous
substance if this was done not in accordance with the rules and regulations set
and promulgated by the !ir Transportation >ffice on this matter.
:etween numbers ( and ", the point of distinction is whether the aircraft is of Philippine
registry or foreign registry. The common bar 9uestion on this law usually involves
number (. The important thing is that before the anti hijac4ing law can apply, the
aircraft must be in flight. &f not in flight, whatever crimes committed shall be governed by
the Revised Penal Code. The law ma4es a distinction between aircraft of a foreign
registry and of Philippine registry. &f the aircraft subject of the hijac4 is of Philippine
registry, it should be in flight at the time of the hijac4ing. >therwise, the anti hijac4ing
law will not apply and the crime is still punished under the Revised Penal Code. The
correlative crime may be one of grave coercion or grave threat. &f somebody is 4illed,
the crime is homicide or murder, as the case may be. &f there are some explosives
carried there, the crime is destructive arson. )xplosives are by nature pyrotechni9ues.
@estruction of property with the use of pyrotechni9ue is destructive arson. &f there is
illegally possessed or carried firearm, other special laws will apply.
>n the other hand, if the aircraft is of foreign registry, the law does not re9uire that it be
in flight before the anti hijac4ing law can apply. This is because aircrafts of foreign
registry are considered in transit while they are in foreign countries. !lthough they may
have been in a foreign country, technically they are still in flight, because they have to
move out of that foreign country. 5o even if any of the acts mentioned were committed
while the exterior doors of the foreign aircraft were still open, the anti hijac4ing law will
already govern.
,ote that under this law, an aircraft is considered in flight from the moment all exterior
doors are closed following embar4ation until such time when the same doors are again
opened for disembar4ation. This means that there are passengers that boarded. 5o if
the doors are closed to bring the aircraft to the hangar, the aircraft is not considered as
in flight. The aircraft shall be deemed to be already in flight even if its engine has not yet
been started.
6.estios 7 As+ers
1. T#e pilots of t#e -an Am aircraft $ere accosted 0y some armed men and
$ere told to proceed to t#e aircraft to fly it to a foreign destination. T#e armed men
$al6ed $it# t#e pilots and $ent on 0oard t#e aircraft. 7ut 0efore t#ey could do anyt#ing
on t#e aircraft1 alert mars#als arrested t#em. @#at crime $as committed=
1*
The criminal intent definitely is to ta4e control of the aircraft, which is hijac4ing.
&t is a 9uestion now of whether the antihijac4ing law shall govern.
The anti hijac4ing law is applicable in this case. )ven if the aircraft is not yet
about to fly, the re9uirement that it be in flight does not hold true when in comes to
aircraft of foreign registry. )ven if the problem does not say that all exterior doors are
closed, the crime is hijac4ing. 5ince the aircraft is of foreign registry, under the law,
simply usurping or sei3ing control is enough as long as the aircraft is within Philippine
territory, without the re9uirement that it be in flight.
,ote, however, that there is no hijac4ing in the attempted stage. This is a
special law where the attempted stage is not punishable.
2. A -#ilippine Air Aines aircraft is 0ound for 9a&ao. @#ile t#e pilot and coB
pilot are ta6ing t#eir snac6s at t#e airport lounge1 some of t#e armed men $ere also
t#ere. T#e pilots $ere follo$ed 0y t#ese men on t#eir $ay to t#e aircraft. As soon as
t#e pilots entered t#e coc6pit1 t#ey pulled out t#eir firearms and ga&e instructions $#ere
to fly t#e aircraft. 9oes t#e anti #iB?ac6ing la$ apply=
,o. The passengers have yet to board the aircraft. &f at that time, the offenders
are apprehended, the law will not apply because the aircraft is not yet in flight. ,ote that
the aircraft is of Philippine registry.
3. @#ile t#e ste$ardess of a -#ilippine Air Aines plane 0ound for Ce0u $as
$aiting for t#e passenger manifest1 t$o of its passengers seated near t#e pilot
surreptitiously entered t#e pilot coc6pit. At gunpoint1 t#ey directed t#e pilot to fly t#e
aircraft to t#e Middle !ast. 5o$e&er1 0efore t#e pilot could fly t#e aircraft to$ards t#e
Middle !ast1 t#e offenders $ere su0dued and t#e aircraft landed. @#at crime $as
committed=
The aircraft was not yet in flight. Considering that the stewardess was still
waiting for the passenger manifest, the doors were still open. Hence, the anti hijac4ing
law is not applicable. &nstead, the Revised Penal Code shall govern. The crime
committed was grave coercion or grave threat, depending upon whether or not any
serious offense violence was inflicted upon the pilot.
However, if the aircraft were of foreign registry, the act would already be subject
to the anti hijac4ing law because there is no re9uirement for foreign aircraft to be in
flight before such law would apply. The reason for the distinction is that as long as such
aircraft has not returned to its home base, technically, it is still considered in transit or in
flight.
!s to numbers 6 and * of Republic !ct ,o. -"6$, the distinction is whether the aircraft is
a passenger aircraft or a cargo aircraft. &n both cases, however, the law applies only to
public utility aircraft in the Philippines. Private aircrafts are not subject to the anti hi
jac4ing law, in so far as transporting prohibited substances are concerned.
&f the aircraft is a passenger aircraft, the prohibition is absolute. Carrying of any
prohibited, flammable, corrosive, or explosive substance is a crime under Republic !ct
,o. -"6$. :ut if the aircraft is only a cargo aircraft, the law is violated only when the
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transporting of the prohibited substance was not done in accordance with the rules and
regulations prescribed by the !ir Transportation >ffice in the matter of shipment of such
things. The :oard of Transportation provides the manner of pac4ing of such 4ind of
articles, the 9uantity in which they may be loaded at any time, etc. >therwise, the anti
hijac4ing law does not apply.
However, under 5ection ?, any physical injury or damage to property which would result
from the carrying or loading of the flammable, corrosive, explosive, or poisonous
substance in an aircraft, the offender shall be prosecuted not only for violation of
Republic !ct ,o. -"6$, but also for the crime of physical injuries or damage to property,
as the case may be, under the Revised Penal Code. There will be two prosecutions
here. >ther than this situation, the crime of physical injuries will be absorbed. &f the
explosives were planted in the aircraft to blow up the aircraft, the circumstance will
9ualify the penalty and that is not punishable as a separate crime for murder. The
penalty is increased under the anti hijac4ing law.
!ll other acts outside of the four are merely 9ualifying circumstances and would bring
about higher penalty. 5uch acts would not constitute another crime. 5o the 4illing or
explosion will only 9ualify the penalty to a higher one.
6.estios 7 As+ers
1. %n t#e course of t#e #iB?ac61 a passenger or complement $as s#ot and
6illed. @#at crime or crimes $ere committed=
The crime remains to be a violation of the anti hijac4ing law, but the penalty
thereof shall be higher because a passenger or complement of the aircraft had been
4illed. The crime of homicide or murder is not committed.
2. T#e #iB?ac6ers t#reatened to detonate a 0om0 in t#e course of t#e #iB?ac6.
@#at crime or crimes $ere committed=
!gain, the crime is violation of the anti hijac4ing law. The separate crime of
grave threat is not committed. This is considered as a 9ualifying circumstance that shall
serve to increase the penalty.
TITLE II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Crimes against t#e fundamental la$s of t#e <tate
1. Ar0itrary detention (Art. 124);
2. 9elay in t#e deli&ery of detained persons to t#e proper ?udicial aut#orities (Art.
125);
3. 9elaying release (Art. 12);
12
4. !4pulsion (Art. 12");
5. (iolation of domicile (Art. 12');
. <earc# $arrants maliciously o0tained and a0use in t#e ser&ice of t#ose legally
o0tained (Art. 12));
". <earc#ing domicile $it#out $itnesses (Art. 13*);
'. -ro#i0ition1 interruption1 and dissolution of peaceful meetings (Art. 131);
). %nterruption of religious $ors#ip (Art. 132); and
1*. .ffending t#e religious feelings (Art. 133);
Crimes under this title are those which violate the :ill of Rights accorded to the citi3ens
under the Constitution. =nder this title, the offenders are public officers, except as to the
last crime + offending the religious feelings under !rticle (66, which refers to any
person. The public officers who may be held liable are only those acting under
supposed exercise of official functions, albeit illegally.
&n its counterpart in Title &C #Crimes !gainst Personal Aiberty and 5ecurity%, the
offenders are private persons. :ut private persons may also be liable under this title as
when a private person conspires with a public officer. .hat is re9uired is that the
principal offender must be a public officer. Thus, if a private person conspires with a
public officer, or becomes an accessory or accomplice, the private person also becomes
liable for the same crime. :ut a private person acting alone cannot commit the crimes
under !rticle ("* to (6" of this title.
Article 134. Ar9itrar# Detetio
!lements
1. .ffender is a pu0lic officer or employee;
2. 5e detains a person;
3. T#e detention is $it#out legal grounds.
Meaning of a0sence of legal grounds
1. Co crime $as committed 0y t#e detained;
2. T#ere is no &iolent insanity of t#e detained person; and
3. T#e person detained #as no ailment $#ic# re3uires compulsory confinement in a
#ospital.
13
The crime of arbitrary detention assumes several forms'
#(% @etaining a person without legal grounds under<
#"% Having arrested the offended party for legal grounds but without warrant of
arrest, and the public officer does not deliver the arrested person to the proper
judicial authority within the period of (", (1, or 6- hours, as the case may be< or
#6% @elaying release by competent authority with the same period mentioned in
number ".
@istinction between arbitrary detention and illegal detention
(. &n arbitrary detention
The principal offender must be a public officer. Civilians cannot commit the
crime of arbitrary detention except when they conspire with a public officer
committing this crime, or become an accomplice or accessory to the crime
committed by the public officer< and
The offender who is a public officer has a duty which carries with it the authority
to detain a person.
". &n illegal detention
The principal offender is a private person. :ut a public officer can commit the
crime of illegal detention when he is acting in a private capacity or beyond the
scope of his official duty, or when he becomes an accomplice or accessory to the
crime committed by a private person.
The offender, even if he is a public officer, does not include as his function the
power to arrest and detain a person, unless he conspires with a public officer
committing arbitrary detention.
,ote that in the crime of arbitrary detention, although the offender is a public officer, not
any public officer can commit this crime. >nly those public officers whose official duties
carry with it the authority to ma4e an arrest and detain persons can be guilty of this
crime. 5o, if the offender does not possess such authority, the crime committed by him
is illegal detention. ! public officer who is acting outside the scope of his official duties
is no better than a private citi3en.
6.estios 7 As+ers
1. A ?anitor at t#e Due:on City 5all $as assigned in cleaning t#e menEs
room. .ne day1 #e noticed a fello$ urinating so carelessly t#at instead of urinating at
t#e 0o$l1 #e $as actually urinating partly on t#e floor. T#e ?anitor resented t#is. 5e
stepped out of t#e menEs room and loc6ed t#e same. 5e left. T#e fello$ $as a0le to
14
come out only after se&eral #ours $#en people from t#e outside forci0ly opened t#e
door. %s t#e ?anitor lia0le for ar0itrary detention=
,o. )ven if he is a public officer, he is not permitted by his official function to
arrest and detain persons. Therefore, he is guilty only of illegal detention. .hile the
offender is a public officer, his duty does not include the authority to ma4e arrest< hence,
the crime committed is illegal detention.
2. A municipal treasurer #as 0een courting #is secretary. 5o$e&er1 t#e
latter al$ays turned #im do$n. T#ereafter1 s#e tried to a&oid #im. .ne afternoon1 t#e
municipal treasurer loc6ed t#e secretary inside t#eir office until s#e started crying. T#e
treasurer opened t#e door and allo$ed #er to go #ome. @#at crime $as committed=
&llegal detention. This is because the municipal treasurer has no authority to
detain a person although he is a public officer.
&n a case decided by the 5upreme Court a :arangay Chairman who unlawfully detains
another was held to be guilty of the crime of arbitrary detention. This is because he is a
person in authority vested with the jurisdiction to maintain peace and order within his
barangay. &n the maintenance of such peace and order, he may cause the arrest and
detention of troublema4ers or those who disturb the peace and order within his
barangay. :ut if the legal basis for the apprehension and detention does not exist, then
the detention becomes arbitrary.
.hether the crime is arbitrary detention or illegal detention, it is necessary that there
must be an actual restraint of liberty of the offended party. &f there is no actual restraint,
as the offended party may still go to the place where he wants to go, even though there
have been warnings, the crime of arbitrary detention or illegal detention is not
committed. There is either grave or light threat.
However, if the victim is under guard in his movement such that there is still restraint of
liberty, then the crime of either arbitrary or illegal detention is still committed.
6.estio 7 As+er
T#e offended party $as 0roug#t to a place $#ic# #e could not lea&e 0ecause #e
does not 6no$ $#ere #e is1 alt#oug# free to mo&e a0out. @as ar0itrary or illegal
detention committed=
)ither arbitrary detention or illegal detention was committed. &f a person is
brought to a safe house, blindfolded, even if he is free to move as he pleases, but if he
cannot leave the place, arbitrary detention or illegal detention is committed.
@istinction between arbitrary detention and unlawful arrest
#(% !s to offender
15
&n arbitrary detention, the offender is a public officer possessed with authority to
ma4e arrests.
&n unlawful arrest, the offender may be any person.
#"% !s to criminal intent
&n arbitrary detention, the main reason for detaining the offended party is to deny
him of his liberty.
&n unlawful arrest, the purpose is to accuse the offended party of a crime he did
not commit, to deliver the person to the proper authority, and to file the
necessary charges in a way trying to incriminate him.
.hen a person is unlawfully arrested, his subse9uent detention is without legal grounds.
6.estio 7 As+er
A #ad 0een collecting tong from dri&ers. 71 a dri&er1 did not $ant to contri0ute to
t#e tong. .ne day1 7 $as appre#ended 0y A1 telling #im t#at #e $as dri&ing carelessly.
2ec6less dri&ing carries $it# it a penalty of immediate detention and arrest. 7 $as
0roug#t to t#e Traffic 7ureau and $as detained t#ere until t#e e&ening. @#en A
returned1 #e opened t#e cell and told 7 to go #ome. @as t#ere a crime of ar0itrary
detention or unla$ful arrest=
!rbitrary detention. The arrest of : was only incidental to the criminal intent of
the offender to detain him. :ut if after putting : inside the cell, he was turned over to the
investigating officer who boo4ed him and filed a charge of rec4less imprudence against
him, then the crime would be unlawful arrest. The detention of the driver is incidental to
the supposed crime he did not commit. :ut if there is no supposed crime at all because
the driver was not charged at all, he was not given place under boo4ing sheet or report
arrest, then that means that the only purpose of the offender is to stop him from driving
his jeepney because he refused to contribute to the tong.
Article 13!. Dela# i t,e Deli0er# o( Detaie$ %ersos to t,e %ro"er <.$icial
A.t,orities
!lements
1. .ffender is a pu0lic officer or employee;
2. 5e detains a person for some legal ground;
3. 5e fails to deli&er suc# person to t#e proper ?udicial aut#orities $it#in /
a. 12 #our for lig#t penalties;
1
0. 1' #ours for correctional penalties; and
c. 3 #ours for afflicti&e or capital penalties.
This is a form of arbitrary detention. !t the beginning, the detention is legal. &t is
pursuant to a lawful arrest. However, the detention becomes arbitrary when the period
thereof exceeds (", (1 or 6- hours, as the case may be, depending on whether the
crime is punished by light, correctional or afflictive penalty or their e9uivalent.
The period of detention is (" hours for light offenses, (1 hours for correctional offenses
and 6- hours for afflictive offenses, where the accused may be detained without formal
charge. :ut he must cause a formal charge or application to be filed with the proper
court before (", (1 or 6- hours lapse. >therwise he has to release the person arrested.
,ote that the period stated herein does not include the nighttime. &t is to be counted
only when the prosecutorDs office is ready to receive the complaint or information.
This article does not apply if the arrest is with a warrant. The situation contemplated
here is an arrest without a warrant.
6.estio 7 As+er
@it#in $#at period s#ould a police officer $#o #as arrested a person under a
$arrant of arrest turn o&er t#e arrested person to t#e ?udicial aut#ority=
There is no time limit specified except that the return must be made within a
reasonable time. The period fixed by law under !rticle ("$ does not apply because the
arrest was made by virtue of a warrant of arrest.
.hen a person is arrested without a warrant, it means that there is no case filed in court
yet. &f the arresting officer would hold the arrested person there, he is actually depriving
the arrested of his right to bail. !s long as there is no charge in the court yet, the
arrested person cannot obtain bail because bail may only be granted by the court. The
spirit of the law is to have the arrested person delivered to the jurisdiction of the court.
&f the arrest is by virtue of a warrant, it means that there is already a case filed in court.
.hen an information is filed in court, the amount of bail recommended is stated. The
accused person is not really denied his right to bail. )ven if he is interrogated in the
police precinct, he can already file bail.
,ote that delivery of the arrested person to the proper authorities does not mean
physical delivery or turn over of arrested person to the court. &t simply means putting the
arrested person under the jurisdiction of the court. This is done by filing the necessary
complaint or information against the person arrested in court within the period specified
in !rticle ("$. The purpose of this is for the court to determine whether the offense is
bailable or not and if bailable, to allow him the right to bail.
1"
=nder the Rule ((* of the Revised Rules of Court, the arrested person can demand
from the arresting officer to bring him to any judge in the place where he was arrested
and post the bail here. Thereupon, the arresting officer may release him. The judge
who granted the bail will just forward the litimus of the case to the court trying his case.
The purpose is in order to deprive the arrested person of his right to post the bail.
=nder the Revised Rules of Court, when the person arrested is arrested for a crime
which gives him the right to preliminary investigation and he wants to avail his right to a
preliminary investigation, he would have to waive in writing his rights under !rticle ("$
so that the arresting officer will not immediately file the case with the court that will
exercise jurisdiction over the case. &f he does not want to waive this in writing, the
arresting officer will have to comply with !rticle ("$ and file the case immediately in
court without preliminary investigation. &n such case, the arrested person, within five
days after learning that the case has been filed in court without preliminary
investigation, may as4 for preliminary investigation. &n this case, the public officer who
made the arrest will no longer be liable for violation of !rticle ("$.
6.estio 7 As+er
T#e arrest of t#e suspect $as done in 7aguio City. .n t#e $ay to Manila1 $#ere
t#e crime $as committed1 t#ere $as a typ#oon so t#e suspect could not 0e 0roug#t to
Manila until t#ree days later. @as t#ere a &iolation of Article 125=
There was a violation of !rticle ("$. The crime committed was arbitrary
detention in the form of delay in the delivery of arrested person to the proper judicial
authority. The typhoon or flood is a matter of defense to be proved by the accused, the
arresting officer, as to whether he is liable. &n this situation, he may be exempt under
paragraph ? of !rticle (".
:efore !rticle ("$ may be applied, it is necessary that initially, the detention of the
arrested person must be lawful because the arrest is based on legal grounds. &f the
arrest is made without a warrant, this constitutes an unlawful arrest. !rticle "-8, not
!rticle ("$, will apply. &f the arrest is not based on legal grounds, the arrest is pure and
simple arbitrary detention. !rticle ("$ contemplates a situation where the arrest was
made without warrant but based on legal grounds. This is 4nown as citi3enDs arrest.
Article 13'. Dela#i* Release
Acts punis#ed
1. 9elaying t#e performance of a ?udicial or e4ecuti&e order for t#e release of a
prisoner;
2. 8nduly delaying t#e ser&ice of t#e notice of suc# order to said prisoner;
3. 8nduly delaying t#e proceedings upon any petition for t#e li0eration of suc#
person.
1'
!lements
1. .ffender is a pu0lic officer or employee;
2. T#ere is a ?udicial or e4ecuti&e order for t#e release of a prisoner or detention
prisoner1 or t#at t#ere is a proceeding upon a petition for t#e li0eration of suc#
person;
3. .ffender $it#out good reason delays /
a. t#e ser&ice of t#e notice of suc# order to t#e prisoner;
0. t#e performance of suc# ?udicial or e4ecuti&e order for t#e release of t#e
prisoner; or
c. t#e proceedings upon a petition for t#e release of suc# person.
Article 13). E?".lsio
Acts punis#ed
1. !4pelling a person from t#e -#ilippines;
2. Compelling a person to c#ange #is residence.
!lements
1. .ffender is a pu0lic officer or employee;
2. 5e eit#er /
a. e4pels any person from t#e -#ilippines; or
0. compels a person to c#ange residence;
3. .ffender is not aut#ori:ed to do so 0y la$.
The essence of this crime is coercion but the specific crime is EexpulsionF when
committed by a public officer. &f committed by a private person, the crime is grave
coercion.
&n Villavicencio v. Lukban, 39 Phil 778, the mayor of the City of 0anila wanted to
ma4e the city free from prostitution. He ordered certain prostitutes to be transferred to
@avao, without observing due processes since they have not been charged with any
crime at all. &t was held that the crime committed was expulsion.
1)
6.estios 7 As+ers
1. Certain aliens $ere arrested and t#ey $ere ?ust put on t#e first aircraft
$#ic# 0roug#t t#em to t#e country so t#at t#ey may 0e out $it#out due process of la$.
@as t#ere a crime committed=
Bes. )xpulsion.
2. %f a +ilipino citi:en is sent out of t#e country1 $#at crime is committed=
/rave coercion, not expulsion, because a 2ilipino cannot be deported. This
crime refers only to aliens.
Article 13/. 2iolatio o( Do&icile
Acts punis#ed
1. !ntering any d$elling against t#e $ill of t#e o$ner t#ereof;
2. <earc#ing papers or ot#er effects found t#erein $it#out t#e pre&ious consent of
suc# o$ner; or
3. 2efusing to lea&e t#e premises1 after #a&ing surreptitiously entered said d$elling
and after #a&ing 0een re3uired to lea&e t#e same
Common elements
1. .ffender is a pu0lic officer or employee;
2. 5e is not aut#ori:ed 0y ?udicial order to enter t#e d$elling or to ma6e a searc#
t#erein for papers or ot#er effects.
Circumstances 3ualifying t#e offense
1. %f committed at nig#ttime; or
2. %f any papers or effects not constituting e&idence of a crime are not returned
immediately after t#e searc# made 0y offender.
=nder Title &C #Crimes against Personal Aiberty and 5ecurity%, the corresponding article
is 9ualified trespass to dwelling under !rticle "1;. !rticle ("1 is limited to public officers.
The public officers who may be liable for crimes against the fundamental laws are those
who are possessed of the authority to execute search warrants and warrants of arrests.
2*
=nder Rule ((6 of the Revised Rules of Court, when a person to be arrested enters a
premise and closes it thereafter, the public officer, after giving notice of an arrest, can
brea4 into the premise. He shall not be liable for violation of domicile.
There are only three recogni3ed instances when search without a warrant is considered
valid, and, therefore, the sei3ure of any evidence done is also valid. >utside of these,
search would be invalid and the objects sei3ed would not be admissible in evidence.
#(% 5earch made incidental to a valid arrest<
#"% .here the search was made on a moving vehicle or vessel such that the
exigency of he situation prevents the searching officer from securing a search
warrant<
#6% .hen the article sei3ed is within plain view of the officer ma4ing the sei3ure
without ma4ing a search therefore.
There are three ways of committing the violation of !rticle ("1'
#(% :y simply entering the dwelling of another if such entering is done against the
will of the occupant. &n the plain view doctrine, public officer should be legally
entitled to be in the place where the effects were found. &f he entered the place
illegally and he saw the effects, doctrine inapplicable< thus, he is liable for
violation of domicile.
#"% Public officer who enters with consent searches for paper and effects without the
consent of the owner. )ven if he is welcome in the dwelling, it does not mean he
has permission to search.
#6% Refusing to leave premises after surreptitious entry and being told to leave the
same. The act punished is not the entry but the refusal to leave. &f the offender
upon being directed to eave, followed and left, there is no crime of violation of
domicile. )ntry must be done surreptitiously< without this, crime may be unjust
vexation. :ut if entering was done against the will of the occupant of the house,
meaning there was express or implied prohibition from entering the same, even if
the occupant does not direct him to leave, the crime of is already committed
because it would fall in number (.
6.estios 7 As+ers
1. %t $as raining #ea&ily. A policeman too6 s#elter in one personEs #ouse.
T#e o$ner o0liged and #ad #is daug#ter ser&e t#e police some coffee. T#e policeman
made a pass at t#e daug#ter. T#e o$ner of t#e #ouse as6ed #im to lea&e. 9oes t#is fall
under Article 12'=
,o. &t was the owner of the house who let the policeman in. The entering is not
surreptitious.
21
2. A person surreptitiously enters t#e d$elling of anot#er. @#at crime or
crimes $ere possi0ly committed=
The crimes committed are #(% 9ualified trespass to dwelling under !rticle "1;, if
there was an express or implied prohibition against entering. This is tantamount to
entering against the will of the owner< and #"% violation of domicile in the third form if he
refuses to leave after being told to.
Article 131. Searc, Warrats Malicio.sl# O9taie$@ a$ A9.se i t,e Ser0ice o(
T,ose Le*all# O9taie$
Acts punis#ed
1. -rocuring a searc# $arrant $it#out ?ust cause;
!lements
1. .ffender is a pu0lic officer or employee;
2. 5e procures a searc# $arrant;
3. T#ere is no ?ust cause.
2. !4ceeding #is aut#ority or 0y using unnecessary se&erity in e4ecuting a searc#
$arrant legally procured.
!lements
1. .ffender is a pu0lic officer or employee;
2. 5e #as legally procured a searc# $arrant;
3. 5e e4ceeds #is aut#ority or uses unnecessary se&erity in e4ecuting t#e
same.
Article 184. Searc,i* Do&icile +it,o.t Witesses
!lements
1. .ffender is a pu0lic officer or employee;
2. 5e is armed $it# searc# $arrant legally procured;
3. 5e searc#es t#e domicile1 papers or ot#er 0elongings of any person;
4. T#e o$ner1 or any mem0ers of #is family1 or t$o $itnesses residing in t#e same
locality are not present.
22
Crimes under Articles 12) and 13* are referred to as &iolation of domicile. %n t#ese
articles1 t#e searc# is made 0y &irtue of a &alid $arrant1 0ut t#e $arrant not$it#standing1
t#e lia0ility for t#e crime is still incurred t#roug# t#e follo$ing situations>
(1) <earc# $arrant $as irregularly o0tained / T#is means t#ere $as no pro0a0le
cause determined in o0taining t#e searc# $arrant. Alt#oug# &oid1 t#e searc#
$arrant is entitled to respect 0ecause of presumption of regularity. .ne remedy
is a motion to 3uas# t#e searc# $arrant1 not refusal to a0ide 0y it. T#e pu0lic
officer may also 0e prosecuted for per?ury1 0ecause for #im to succeed in
o0taining a searc# $arrant $it#out a pro0a0le cause1 #e must #a&e per?ured
#imself or induced someone to commit per?ury to con&ince t#e court.
(2) T#e officer e4ceeded #is aut#ority under t#e $arrant / To illustrate1 let us say
t#at there was a pusher in a condo unit. The P,P ,arcotics /roup obtained a
search warrant but the name of person in the search warrant did not tally with the
address stated. )ventually, the person with the same name was found but in a
different address. The occupant resisted but the public officer insisted on the
search. @rugs were found and sei3ed and occupant was prosecuted and
convicted by the trial court. The 5upreme Court ac9uitted him because the
public officers are re9uired to follow the search warrant to the letter. They have
no discretion on the matter. Plain view doctrine is inapplicable since it
presupposes that the officer was legally entitled to be in the place where the
effects where found. 5ince the entry was illegal, plain view doctrine does not
apply.
(3) @#en t#e pu0lic officer employs unnecessary or e4cessi&e se&erity in t#e
implementation of t#e searc# $arrant. T#e searc# $arrant is not a license to
commit destruction.
(4) .$ner of d$elling or any mem0er of t#e family $as a0sent1 or t$o $itnesses
residing $it#in t#e same locality $ere not present during t#e searc#.
Article 181. %ro,i9itio@ Iterr."tio@ a$ Dissol.tio o( %eace(.l Meeti*s
!lements
.ffender is a pu0lic officer or employee;
5e performs any of t#e follo$ing acts>
a. pro#i0iting or 0y interrupting1 $it#out legal ground1 t#e #olding of a
peaceful meeting1 or 0y dissol&ing t#e same;
0. #indering any person from ?oining any la$ful association1 or attending any
of its meetings;
c. pro#i0iting or #indering any person from addressing1 eit#er alone or
toget#er $it# ot#ers1 any petition to t#e aut#orities for t#e correction of
a0uses or redress of grie&ances.
23
The government has a right to re9uire a permit before any gathering could be made.
!ny meeting without a permit is a proceeding in violation of the law. That being true, a
meeting may be prohibited, interrupted, or dissolved without violating !rticle (6( of the
Revised Penal Code.
:ut the re9uiring of the permit shall be in exercise only of the governmentDs regulatory
powers and not really to prevent peaceful assemblies as the public may desire. Permit
is only necessary to regulate the peace so as not to inconvenience the public. The
permit should state the day, time and the place where the gathering may be held. This
re9uirement is, therefore, legal as long as it is not being exercised in as a prohibitory
power.
&f the permit is denied arbitrarily, !rticle (6( is violated. &f the officer would not give the
permit unless the meeting is held in a particular place which he dictates defeats the
exercise of the right to peaceably assemble, !rticle (6( is violated.
!t the beginning, it may happen that the assembly is lawful and peaceful. &f in the
course of the assembly the participants commit illegal acts li4e oral defamation or
inciting to sedition, a public officer or law enforcer can stop or dissolve the meeting. The
permit given is not a license to commit a crime.
There are two criteria to determine whether !rticle (6( would be violated'
#(% @angerous tendency rule + applicable in times of national unrest such as to
prevent coup dDetat.
#"% Clear and present danger rule + applied in times of peace. 5tricter rule.
@istinctions between prohibition, interruption, or dissolution of peaceful meetings under
!rticle (6(, and tumults and other disturbances, under !rticle ($6
#(% !s to the participation of the public officer
&n !rticle (6(, the public officer is not a participant. !s far as the gathering is
concerned, the public officer is a third party.
&f the public officer is a participant of the assembly and he prohibits, interrupts, or
dissolves the same, !rticle ($6 is violated if the same is conducted in a public
place.
#"% !s to the essence of the crime
&n !rticle (6(, the offender must be a public officer and, without any legal
ground, he prohibits, interrupts, or dissolves a peaceful meeting or assembly to
prevent the offended party from exercising his freedom of speech and that of the
assembly to petition a grievance against the government.
24
&n !rticle ($6, the offender need not be a public officer. The essence of the
crime is that of creating a serious disturbance of any sort in a public office, public
building or even a private place where a public function is being held.
Article 183. Iterr."tio o( Reli*io.s Wors,i"
!lements
1. .ffender is a pu0lic officer or employee;
2. 2eligious ceremonies or manifestations of any religious are a0out to ta6e place
or are going on;
3. .ffender pre&ents or distur0s t#e same.
Dualified if committed 0y &iolence or t#reat.
Article 188. O((e$i* t,e Reli*io.s Feeli*s
!lements
1. Acts complained of $ere performed in a place de&oted to religious $ors#ip1 or
during t#e cele0ration of any religious ceremony;
2. T#e acts must 0e notoriously offensi&e to t#e feelings of t#e fait#ful.
T#ere must 0e deli0erate intent to #urt t#e feelings of t#e fait#ful.
TITLE III. CRIMES AGAINST %UALIC ORDER
Crimes against pu0lic order
1. 2e0ellion or insurrection (Art. 134);
2. Conspiracy and proposal to commit re0ellion (Art. 13);
3. 9isloyalty to pu0lic officers or employees (Art. 13");
4. %nciting to re0ellion (Art. 13');
5. <edition (Art. 13));
. Conspiracy to commit sedition (Art. 141);
". %nciting to sedition (Art. 142);
'. Acts tending to pre&ent t#e meeting of Congress and similar 0odies (Art. 143);
25
). 9istur0ance of proceedings of Congress or similar 0odies (Art. 144);
1*. (iolation of parliamentary immunity (Art. 145);
11. %llegal assem0lies (Art. 14);
12. %llegal associations (Art. 14");
13. 9irect assaults (Art. 14');
14. %ndirect assaults (Art. 14));
15. 9iso0edience to summons issued 0y Congress1 its committees1 etc.1 0y t#e
constitutional commissions1 its committees1 etc. (Art. 15*);
1. 2esistance and diso0edience to a person in aut#ority or t#e agents of suc#
person (Art. 151);
1". Tumults and ot#er distur0ances of pu0lic order (Art. 153);
1'. 8nla$ful use of means of pu0lication and unla$ful utterances (Art. 154);
1). Alarms and scandals (Art. 155);
2*. 9eli&ering prisoners from ?ails (Art. 15);
21. !&asion of ser&ice of sentence (Art. 15");
22. !&asion on occasion of disorders (Art. 15');
23. (iolation of conditional pardon (Art. 15)); and
24. Commission of anot#er crime during ser&ice of penalty imposed for anot#er
pre&ious offense (Art. 1*).
Article 184. Re9ellio or Is.rrectio
!lements
1. T#ere is a pu0lic uprising and ta6ing arms against t#e go&ernment;
2. T#e purpose of t#e uprising or mo&ement is /
a. to remo&e from t#e allegiance to t#e go&ernment or its la$s -#ilippine
territory or any part t#ereof1 or any 0ody of land1 na&al1 or ot#er armed
forces;
or
2
0. to depri&e t#e C#ief !4ecuti&e or Congress1 $#olly or partially1 of any of
t#eir po$ers or prerogati&es.
The essence of this crime is a public uprising with the ta4ing up of arms. &t re9uires a
multitude of people. &t aims to overthrow the duly constituted government. &t does not
re9uire the participation of any member of the military or national police organi3ation or
public officers and generally carried out by civilians. Aastly, the crime can only be
committed through force and violence.
2e0ellion and insurrection are not synonymous. 2e0ellion is more fre3uently used
$#ere t#e o0?ect of t#e mo&ement is completely to o&ert#ro$ and supersede t#e e4isting
go&ernment; $#ile insurrection is more commonly employed in reference to a mo&ement
$#ic# see6s merely to effect some c#ange of minor importance1 or to pre&ent t#e
e4ercise of go&ernmental aut#ority $it# respect to particular matters of su0?ects (2eyes1
citing 3* Am. Fr. 1).
Rebellion can now be complexed with common crimes. ,ot long ago, the 5upreme
Court, in Enrile v. Salazar, 186 SCRA 17, reiterated and affirmed the rule laid
down in Peo!le v. "ernan#ez, 99 Phil $1$, that rebellion may not be complexed
with common crimes which are committed in furtherance thereof because they are
absorbed in rebellion. &n view of said reaffirmation, some believe that it has been
a settled doctrine that rebellion cannot be complexed with common crimes, such
as 4illing and destruction of property, committed on the occasion and in
furtherance thereof.
This thin4ing is no longer correct< there is no legal basis for such rule now.
The statement in People v. Hernande3 that common crimes committed in furtherance of
rebellion are absorbed by the crime of rebellion, was dictated by the provision of !rticle
(6$ of the Revised Penal Code prior to its amendment by the Republic !ct ,o. -8-1 #!n
!ct Punishing the Crime of Coup @Detat%, which became effective on >ctober (88;.
Prior to its amendment by Republic !ct ,o. -8-1, !rticle (6$ punished those Ewho while
holding any public office or employment, ta4e part thereinF by any of these acts'
engaging in war against the forces of /overnment< destroying property< committing
serious violence< exacting contributions, diverting funds for the lawful purpose for which
they have been appropriated.
5ince a higher penalty is prescribed for the crime of rebellion when any of the specified
acts are committed in furtherance thereof, said acts are punished as components of
rebellion and, therefore, are not to be treated as distinct crimes. The same acts
constitute distinct crimes when committed on a different occasion and not in furtherance
of rebellion. &n short, it was because !rticle (6$ then punished said acts as components
of the crime of rebellion that precludes the application of !rticle *1 of the Revised Penal
Code thereto. &n the eyes of the law then, said acts constitute only one crime and that is
rebellion. The Hernande3 doctrine was reaffirmed in )nrile v. 5ala3ar because the text
of !rticle (6$ has remained the same as it was when the 5upreme Court resolved the
same issue in the People v. Hernande3. 5o the 5upreme Court invited attention to this
fact and thus stated'
2"
EThere is a an apparent need to restructure the law on rebellion, either to raise the
penalty therefore or to clearly define and delimit the other offenses to be considered
absorbed thereby, so that it cannot be conveniently utili3ed as the umbrella for every
sort of illegal activity underta4en in its name. The court has no power to effect such
change, for it can only interpret the law as it stands at any given time, and what is
needed lies beyond interpretation. Hopefully, Congress will perceive the need for
promptly sei3ing the initiative in this matter, which is purely within its province.F
>bviously, Congress too4 notice of this pronouncement and, thus, in enacting Republic
!ct ,o. -8-1, it did not only provide for the crime of coup dDetat in the Revised Penal
Code but moreover, deleted from the provision of !rticle (6$ that portion referring to
those +
EGwho, while holding any public office or employment ta4es part therein Hrebellion or
insurrectionI, engaging in war against the forces of government, destroying property or
committing serious violence, exacting contributions or diverting public funds from the
lawful purpose for which they have been appropriated GF
Hence, overt acts which used to be punished as components of the crime of rebellion
have been severed therefrom by Republic !ct ,o. -8-1. The legal impediment to the
application of !rticle *1 to rebellion has been removed. !fter the amendment, common
crimes involving 4illings, andJor destructions of property, even though committed by
rebels in furtherance of rebellion, shall bring about complex crimes of rebellion with
murderJhomicide, or rebellion with robbery, or rebellion with arson as the case may be.
To reiterate, before !rticle (6$ was amended, a higher penalty is imposed when the
offender engages in war against the government. K.arK connotes anything which may
be carried out in pursuance of war. This implies that all acts of war or hostilities li4e
serious violence and destruction of property committed on occasion and in pursuance of
rebellion are component crimes of rebellion which is why !rticle *1 on complex crimes is
inapplicable. &n amending !rticle(6$, the acts which used to be component crimes of
rebellion, li4e serious acts of violence, have been deleted. These are now distinct
crimes. The legal obstacle for the application of !rticle *1, therefore, has been
removed. >rtega says legislators want to punish these common crimes independently
of rebellion. >rtega cites no case overturning )nrile v. 5ala3ar.
&n Peo!le v. Ro#ri%uez, 1&7 Phil. $69, it was held that an accused already convicted of
rebellion may not be prosecuted further for illegal possession of firearm and ammunition,
a violation of Presidential @ecree ,o. (1--, because this is a necessary element or
ingredient of the crime of rebellion with which the accused was already convicted.
However, in Peo!le v. 'iozon, 198 SCRA 368, it was held that charging one of illegal
possession of firearms in furtherance of rebellion is proper because this is not a charge
of a complex crime. ! crime under the Revised Penal Code cannot be absorbed by a
statutory offense.
2'
&n Peo!le v. #e (racia, it was ruled that illegal possession of firearm in furtherance of
rebellion under Presidential @ecree ,o. (1-- is distinct from the crime of
rebellion under the Revised Penal Code and, therefore, !rticle (6$ #"% of the
Revised Penal Code should not apply. The offense of illegal possession of
firearm is a malum prohibitum, in which case, good faith and absence of criminal
intent are not valid defenses.
&n Peo!le v. Lobe#ioro, an ,P! cadre 4illed a policeman and was convicted for
murder. He appealed invo4ing rebellion. The 5upreme Court found that there was no
evidence shown to further the end of the ,P! movement. &t held that there must be
evidence shown that the act furthered the cause of the ,P!< it is not enough to say it.
Rebellion may be committed even without a single shot being fired. ,o encounter
needed. 0ere public uprising with arms enough.
!rticle (6$, as amended, has two penalties' a higher penalty for the promoters, heads
and maintainers of the rebellion< and a lower penalty for those who are only followers of
the rebellion.
@istinctions between rebellion and sedition
#(% !s to nature
&n rebellion, there must be ta4ing up or arms against the government.
&n sedition, it is sufficient that the public uprising be tumultuous.
#"% !s to purpose
&n rebellion, the purpose is always political.
&n sedition, the purpose may be political or social. )xample' the uprising of
s9uatters against 2orbes par4 residents. The purpose in sedition is to go against
established government, not to overthrow it.
.hen any of the objectives of rebellion is pursued but there is no public uprising in the
legal sense, the crime is direct assault of the first form. :ut if there is rebellion, with
public uprising, direct assault cannot be committed.
Article 184;A. Co." $5 etat
!lements
1. .ffender is a person or persons 0elonging to t#e military or police or #olding any
pu0lic office or employment;
2. %t is committed 0y means of a s$ift attac6 accompanied 0y &iolence1 intimidation1
t#reat1 strategy or stealt#;
2)
3. T#e attac6 is directed against t#e duly constituted aut#orities of t#e 2epu0lic of
t#e -#ilippines1 or any military camp or installation1 communication net$or6s1
pu0lic utilities or ot#er facilities needed for t#e e4ercise and continued
possession of po$er;
4. T#e purpose of t#e attac6 is to sei:e or diminis# state po$er.
The essence of the crime is a swift attac4 upon the facilities of the Philippine
government, military camps and installations, communication networ4s, public utilities
and facilities essential to the continued possession of governmental powers. &t may be
committed singly or collectively and does not re9uire a multitude of people. The
objective may not be to overthrow the government but only to destabili3e or paraly3e the
government through the sei3ure of facilities and utilities essential to the continued
possession and exercise of governmental powers. &t re9uires as principal offender a
member of the !2P or of the P,P organi3ation or a public officer with or without civilian
support. 2inally, it may be carried out not only by force or violence but also through
stealth, threat or strategy.
-ersons lia0le for re0ellion1 insurrection or coup d, etat under Article 18!
1. T#e leaders /
a. Any person $#o promotes1 maintains or #eads a re0ellion or insurrection;
or
0. Any person $#o leads1 directs or commands ot#ers to underta6e a coup
d, etat;
2. T#e participants /
a. Any person $#o participates or e4ecutes t#e commands of ot#ers in
re0ellion1 insurrection or coup d, etat;
0. Any person not in t#e go&ernment ser&ice $#o participates1 supports1
finances1 a0ets or aids in underta6ing a coup d, etat.
Article 18'. Cos"irac# a$ %ro"osal to Co&&it Co." $5 etat@ Re9ellio or
Is.rrectio
Conspiracy and proposal to commit re0ellion are t$o different crimes1 namely>
1. Conspiracy to commit re0ellion; and
2. -roposal to commit re0ellion.
T#ere is conspiracy to commit re0ellion $#en t$o or more persons come to an
agreement to rise pu0licly and ta6e arms against go&ernment for any of t#e purposes of
re0ellion and decide to commit it.
3*
T#ere is proposal to commit re0ellion $#en t#e person $#o #as decided to rise pu0licly
and ta6e arms against t#e go&ernment for any of t#e purposes of re0ellion proposes its
e4ecution to some ot#er person or persons.
Article 18). Dislo#alt# o( %.9lic O((icers or E&"lo#ees
Acts punis#ed
1. 7y failing to resist a re0ellion 0y all t#e means in t#eir po$er;
2. 7y continuing to disc#arge t#e duties of t#eir offices under t#e control of t#e
re0els; or
3. 7y accepting appointment to office under t#em.
.ffender must 0e a pu0lic officer or employee.
Article 18/. Iciti* to Re9ellio or Is.rrectio
!lements
1. .ffender does not ta6e arms or is not in open #ostility against t#e go&ernment;
2. 5e incites ot#ers to t#e e4ecution of any of t#e acts of re0ellion;
3. T#e inciting is done 0y means of speec#es1 proclamations1 $ritings1 em0lems1
0anners or ot#er representations tending to t#e same end.
9istinction 0et$een inciting to re0ellion and proposal to commit re0ellion
1. %n 0ot# crimes1 offender induces anot#er to commit re0ellion.
2. %n proposal1 t#e person $#o proposes #as decided to commit re0ellion; in inciting
to re0ellion1 it is not re3uired t#at t#e offender #as decided to commit re0ellion.
3. %n proposal1 t#e person $#o proposes t#e e4ecution of t#e crime uses secret
means; in inciting to re0ellion1 t#e act of inciting is done pu0licly.
Article 181. Se$itio
!lements
1. .ffenders rise pu0licly and tumultuously;
2. .ffenders employ force1 intimidation1 or ot#er means outside of legal met#ods;
31
3. -urpose is to attain any of t#e follo$ing o0?ects>
a. To pre&ent t#e promulgation or e4ecution of any la$ or t#e #olding of any
popular election;
0. To pre&ent t#e national go&ernment or any pro&incial or municipal
go&ernment1 or any pu0lic officer from e4ercising its or #is functions or
pre&ent t#e e4ecution of an administrati&e order;
c. To inflict any act of #ate or re&enge upon t#e person or property of any
pu0lic officer or employee;
d. To commit1 for any political or social end1 any act of #ate or re&enge
against pri&ate persons or any social classes;
e. To despoil for any political or social end1 any person1 municipality or
pro&ince1 or t#e national go&ernment of all its property or any part t#ereof.
The crime of sedition does not contemplate the ta4ing up of arms against the
government because the purpose of this crime is not the overthrow of the government.
,otice from the purpose of the crime of sedition that the offenders rise publicly and
create commotion ad disturbance by way of protest to express their dissent and
obedience to the government or to the authorities concerned. This is li4e the socalled
civil disobedience except that the means employed, which is violence, is illegal.
-ersons lia0le for sedition under Article 144
1. T#e leader of t#e sedition; and
2. .t#er person participating in t#e sedition.
Article 141. Cos"irac# to Co&&it Se$itio
%n t#is crime1 t#ere must 0e an agreement and a decision to rise pu0licly and
tumultuously to attain any of t#e o0?ects of sedition.
T#ere is no proposal to commit sedition.
Article 143. Iciti* to Se$itio
Acts punis#ed
1. %nciting ot#ers to t#e accomplis#ment of any of t#e acts $#ic# constitute sedition
0y means of speec#es1 proclamations1 $ritings1 em0lems1 etc.;
2. 8ttering seditious $ords or speec#es $#ic# tend to distur0 t#e pu0lic peace;
32
3. @riting1 pu0lis#ing1 or circulating scurrilous li0els against t#e go&ernment or any
of t#e duly constituted aut#orities t#ereof1 $#ic# tend to distur0 t#e pu0lic peace.
!lements
1. .ffender does not ta6e direct part in t#e crime of sedition;
2. 5e incites ot#ers to t#e accomplis#ment of any of t#e acts $#ic# constitute
sedition; and
3. %nciting is done 0y means of speec#es1 proclamations1 $ritings1 em0lems1
cartoons1 0anners1 or ot#er representations tending to$ards t#e same end.
>nly nonparticipant in sedition may be liable.
Considering that the objective of sedition is to express protest against the government
and in the process creating hate against public officers, any act that will generate hatred
against the government or a public officer concerned or a social class may amount to
&nciting to sedition. !rticle (*" is, therefore, 9uite broad.
The mere meeting for the purpose of discussing hatred against the government is
inciting to sedition. Aambasting government officials to discredit the government is
&nciting to sedition. :ut if the objective of such preparatory actions is the overthrow of
the government, the crime is inciting to rebellion.
Article 148. Acts Te$i* to %re0et t,e Meeti* o( t,e Co*ress o( t,e
%,ili""ies a$ Si&ilar Ao$ies
!lements
1. T#ere is a pro?ected or actual meeting of Congress or any of its committees or
su0committees1 constitutional committees or di&isions t#ereof1 or of any
pro&incial 0oard or city or municipal council or 0oard;
2. .ffender1 $#o may 0e any person1 pre&ents suc# meetings 0y force or fraud.
Article 144. Dist.r9ace o( %rocee$i*s
!lements
1. T#ere is a meeting of Congress or any of its committees or su0committees1
constitutional commissions or committees or di&isions t#ereof1 or of any
pro&incial 0oard or city or municipal council or 0oard;
2. .ffender does any of t#e follo$ing acts>
a. 5e distur0s any of suc# meetings;
33
0. 5e 0e#a&es $#ile in t#e presence of any suc# 0odies in suc# a manner
as to interrupt its proceedings or to impair t#e respect due it.
Article 14!. 2iolatio o( %arlia&etar# I&&.it#
Acts punis#ed
1. 8sing force1 intimidation1 t#reats1 or frauds to pre&ent any mem0er of Congress
from attending t#e meetings of Congress or of any of its committees or
su0committees1 constitutional commissions or committees or di&isions t#ereof1 or
from e4pressing #is opinion or casting #is &ote;
!lements
1. .ffender uses force1 intimidation1 t#reats or fraud;
2. T#e purpose of t#e offender is to pre&ent any mem0er of Congress from /
a. attending t#e meetings of t#e Congress or of any of its committees
or constitutional commissions1 etc.;
0. e4pressing #is opinion; or
c. casting #is &ote.
2. Arresting or searc#ing any mem0er t#ereof $#ile Congress is in regular or
special session1 e4cept in case suc# mem0er #as committed a crime punis#a0le
under t#e Code 0y a penalty #ig#er t#an prision mayor.
!lements
1. .ffender is a pu0lic officer of employee;
2. 5e arrests or searc#es any mem0er of Congress;
3. Congress1 at t#e time of arrest or searc#1 is in regular or special session;
4. T#e mem0er arrested or searc#ed #as not committed a crime punis#a0le
under t#e Code 0y a penalty #ig#er t#an prision mayor.
8nder <ection 111 Article (% of t#e Constitution1 a pu0lic officer $#o arrests a mem0er of
Congress $#o #as committed a crime punis#a0le 0y prision mayor (si4 years and one
day1 to 12 years) is not lia0le Article 145.
According to 2eyes1 to 0e consistent $it# t#e Constitution1 t#e p#rase G0y a penalty
#ig#er t#an prision mayorG in Article 145 s#ould 0e amended to read> G0y t#e penalty of
prision mayor or #ig#er.G
34
Article 14'. Ille*al Asse&9lies
Acts punis#ed
1. Any meeting attended 0y armed persons for t#e purpose of committing any of t#e
crimes punis#a0le under t#e Code;
!lements
1. T#ere is a meeting1 a gat#ering or group of persons1 $#et#er in fi4ed
place or mo&ing;
2. T#e meeting is attended 0y armed persons;
3. T#e purpose of t#e meeting is to commit any of t#e crimes punis#a0le
under t#e Code.
2. Any meeting in $#ic# t#e audience1 $#et#er armed or not1 is incited to t#e
commission of t#e crime of treason1 re0ellion or insurrection1 sedition1 or assault
upon person in aut#ority or #is agents.
1. T#ere is a meeting1 a gat#ering or group of persons1 $#et#er in a fi4ed
place or mo&ing;
2. T#e audience1 $#et#er armed or not1 is incited to t#e commission of t#e
crime of treason1 re0ellion or insurrection1 sedition or direct assault.
-ersons lia0le for illegal assem0ly
1. T#e organi:er or leaders of t#e meeting;
2. -ersons merely present at t#e meeting1 $#o must #a&e a common intent to
commit t#e felony of illegal assem0ly.
%f any person present at t#e meeting carries an unlicensed firearm1 it is presumed t#at
t#e purpose of t#e meeting insofar as #e is concerned is to commit acts punis#a0le
under t#e 2e&ised -enal Code1 and #e is considered a leader or organi:er of t#e
meeting.
The gravamen of the offense is mere assembly of or gathering of people for illegal
purpose punishable by the Revised Penal Code. .ithout gathering, there is no illegal
assembly. &f unlawful purpose is a crime under a special law, there is no illegal
assembly. 2or example, the gathering of drug pushers to facilitate drug traffic4ing is not
illegal assembly because the purpose is not violative of the Revised Penal Code but of
The @angerous @rugs !ct of (8?", as amended, which is a special law.
Two forms of illegal assembly
35
#(% ,o attendance of armed men, but persons in the meeting are incited to commit
treason, rebellion or insurrection, sedition or assault upon a person in authority.
.hen the illegal purpose of the gathering is to incite people to commit the crimes
mentioned above, the presence of armed men is unnecessary. The mere
gathering for the purpose is sufficient to bring about the crime already.
#"% !rmed men attending the gathering + &f the illegal purpose is other than those
mentioned above, the presence of armed men during the gathering brings about
the crime of illegal assembly.
)xample' Persons conspiring to rob a ban4 were arrested. 5ome were with
firearms. Aiable for illegal assembly, not for conspiracy, but for gathering with
armed men.
@istinction between illegal assembly and illegal association
&n illegal assembly, the basis of liability is the gathering for an illegal purpose which
constitutes a crime under the Revised Penal Code.
&n illegal association, the basis is the formation of or organi3ation of an association to
engage in an unlawful purpose which is not limited to a violation of the Revised Penal
Code. &t includes a violation of a special law or those against public morals. 0eaning
of public morals' inimical to public welfare< it has nothing to do with decency., not acts
of obscenity.
Article 14). Ille*al Associatios
%llegal associations
1. Associations totally or partially organi:ed for t#e purpose of committing any of t#e
crimes punis#a0le under t#e Code;
2. Associations totally or partially organi:ed for some purpose contrary to pu0lic
morals.
-ersons lia0le
1. +ounders1 directors and president of t#e association;
2. Mere mem0ers of t#e association.
9istinction 0et$een illegal association and illegal assem0ly
1. %n illegal association1 it is not necessary t#at t#ere 0e an actual meeting.
%n illegal assem0ly1 it is necessary t#at t#ere is an actual meeting or assem0ly or
armed persons for t#e purpose of committing any of t#e crimes punis#a0le under
t#e Code1 or of indi&iduals $#o1 alt#oug# not armed1 are incited to t#e
3
commission of treason1 re0ellion1 sedition1 or assault upon a person in aut#ority
or #is agent.
2. %n illegal association1 it is t#e act of forming or organi:ing and mem0ers#ip in t#e
association t#at are punis#ed.
%n illegal assem0ly1 it is t#e meeting and attendance at suc# meeting t#at are
punis#ed.
3. %n illegal association1 t#e persons lia0le are (1) t#e founders1 directors and
president; and (2) t#e mem0ers.
%n illegal assem0ly1 t#e persons lia0le are (1) t#e organi:ers or leaders of t#e
meeting and (2) t#e persons present at meeting.
Article 14/. Direct Assa.lt
Acts punis#ed
1. @it#out pu0lic uprising1 0y employing force or intimidation for t#e attainment of
any of t#e purposes enumerated in defining t#e crimes of re0ellion and sedition;
!lements
1. .ffender employs force or intimidation;
2. T#e aim of t#e offender is to attain any of t#e purposes of t#e crime of
re0ellion or any of t#e o0?ects of t#e crime of sedition;
3. T#ere is no pu0lic uprising.
2. @it#out pu0lic uprising1 0y attac6ing1 0y employing force or 0y seriously
intimidating or 0y seriously resisting any person in aut#ority or any of #is agents1
$#ile engaged in t#e performance of official duties1 or on occasion of suc#
performance.
!lements
1. .ffender ma6es an attac61 employs force1 ma6es a serious intimidation1
or ma6es a serious resistance;
2. T#e person assaulted is a person in aut#ority or #is agent;
3. At t#e time of t#e assault1 t#e person in aut#ority or #is agent is engaged
in t#e actual performance of official duties1 or t#at #e is assaulted 0y
reason of t#e past performance of official duties;
4. .ffender 6no$s t#at t#e one #e is assaulting is a person in aut#ority or
#is agent in t#e e4ercise of #is duties.
3"
5. T#ere is no pu0lic uprising.
The crime is not based on the material conse9uence of the unlawful act. The crime of
direct assault punishes the spirit of lawlessness and the contempt or hatred for the
authority or the rule of law.
To be specific, if a judge was 4illed while he was holding a session, the 4illing is not the
direct assault, but murder. There could be direct assault if the offender 4illed the judge
simply because the judge is so strict in the fulfillment of his duty. &t is the spirit of hate
which is the essence of direct assault.
5o, where the spirit is present, it is always complexed with the material conse9uence of
the unlawful act. &f the unlawful act was murder or homicide committed under
circumstance of lawlessness or contempt of authority, the crime would be direct assault
with murder or homicide, as the case may be. &n the example of the judge who was
4illed, the crime is direct assault with murder or homicide.
The only time when it is not complexed is when material conse9uence is a light felony,
that is, slight physical injury. @irect assault absorbs the lighter felony< the crime of direct
assault can not be separated from the material result of the act. 5o, if an offender who
is charged with direct assault and in another court for the slight physical &njury which is
part of the act, ac9uittal or conviction in one is a bar to the prosecution in the other.
)xample of the first form of direct assault'
Three men bro4e into a ,ational 2ood !uthority warehouse and lamented sufferings of
the people. They called on people to help themselves to all the rice. They did not even
help themselves to a single grain.
The crime committed was direct assault. There was no robbery for there was no intent
to gain. The crime is direct assault by committing acts of sedition under !rticle (68 #$%,
that is, spoiling of the property, for any political or social end, of any person municipality
or province or the national government of all or any its property, but there is no public
uprising.
Person in authority is any person directly vested with jurisdiction, whether as an
individual or as a member of some court or government corporation, board, or
commission. ! barangay chairman is deemed a person in authority.
!gent of a person in authority is any person who by direct provision of law or by election
or by appointment by competent authority, is charged with the maintenance of
public order and the protection and security of life and property, such as a
barangay councilman, barrio policeman, barangay leader and any person who
comes to the aid of a person in authority.
&n applying the provisions of !rticles (*1 and ($(, teachers, professors, and persons
charged with the supervision of public or duly recogni3ed private schools, colleges and
universities and lawyers in the actual performance of their duties or on the occasion of
such performance, shall be deemed a person in authority.
3'
&n direct assault of the first form, the stature of the offended person is immaterial. The
crime is manifested by the spirit of lawlessness.
&n the second form, you have to distinguish a situation where a person in authority or his
agent was attac4ed while performing official functions, from a situation when he is not
performing such functions. &f attac4 was done during the exercise of official functions,
the crime is always direct assault. &t is enough that the offender 4new that the person in
authority was performing an official function whatever may be the reason for the attac4,
although what may have happened was a purely private affair.
>n the other hand, if the person in authority or the agent was 4illed when no longer
performing official functions, the crime may simply be the material conse9uence of he
unlawful act' murder or homicide. 2or the crime to be direct assault, the attac4 must be
by reason of his official function in the past. 0otive becomes important in this respect.
)xample, if a judge was 4illed while resisting the ta4ing of his watch, there is no direct
assault.
&n the second form of direct assault, it is also important that the offended party 4new that
the person he is attac4ing is a person in authority or an agent of a person in authority,
performing his official functions. ,o 4nowledge, no lawlessness or contempt.
2or example, if two persons were 9uarreling and a policeman in civilian clothes comes
and stops them, but one of the protagonists stabs the policeman, there would be no
direct assault unless the offender 4new that he is a policeman.
&n this respect it is enough that the offender should 4now that the offended party was
exercising some form of authority. &t is not necessary that the offender 4nows what is
meant by person in authority or an agent of one because ignorantia legis non excusat.
Article 141. I$irect Assa.lt
!lements
1. A person in aut#ority or #is agent is t#e &ictim of any of t#e forms of direct
assault defined in Article 14';
2. A person comes to t#e aid of suc# aut#ority or #is agent;
3. .ffender ma6es use of force or intimidation upon suc# person coming to t#e aid
of t#e aut#ority or #is agent.
The victim in indirect assault should be a private person who comes in aid of an agent of
a person in authority. The assault is upon a person who comes in aid of the person in
authority. The victim cannot be the person in authority or his agent.
There is no indirect assault when there is no direct assault.
Ta4e note that under !rticle ($", as amended, when any person comes in aid of a
person in authority, said person at that moment is no longer a civilian + he is constituted
3)
as an agent of the person in authority. &f such person were the one attac4ed, the crime
would be direct assault.
@ue to the amendment of !rticle ($", without the corresponding amendment in !rticle
($;, the crime of indirect assault can only be committed when assault is upon a civilian
giving aid to an agent of the person in authority. He does not become another agent of
the person in authority.
Article 1!4. Diso9e$iece to S.&&os Iss.e$ 9# Co*ress@ Its Co&&ittees or
S.9co&&ittees@ 9# t,e Costit.tioal Co&&issios@ Its Co&&ittees@
S.9co&&ittees or Di0isios
Acts punis#ed
1. 7y refusing1 $it#out legal e4cuse1 to o0ey summons of Congress1 its special or
standing committees and su0committees1 t#e Constitutional Commissions and its
committees1 su0committees or di&isions1 or 0y any commission or committee
c#airman or mem0er aut#ori:ed to summon $itnesses;
2. 7y refusing to 0e s$orn or placed under affirmation $#ile 0eing 0efore suc#
legislati&e or constitutional 0ody or official;
3. 7y refusing to ans$er any legal in3uiry or to produce any 0oo6s1 papers1
documents1 or records in #is possession1 $#en re3uired 0y t#em to do so in t#e
e4ercise of t#eir functions;
4. 7y restraining anot#er from attending as a $itness in suc# legislati&e or
constitutional 0ody;
5. 7y inducing diso0edience to a summons or refusal to 0e s$orn 0y any suc# 0ody
or official.
Article 1!1. Resistace a$ Diso9e$iece to A %erso i A.t,orit# or t,e A*ets
o( S.c, %erso
!lements of resistance and serious diso0edience under t#e first paragrap#
1. A person in aut#ority or #is agent is engaged in t#e performance of official duty
or gi&es a la$ful order to t#e offender;
2. .ffender resists or seriously diso0eys suc# person in aut#ority or #is agent;
3. T#e act of t#e offender is not included in t#e pro&ision of Articles 14'1 14) and
15*.
!lements of simple diso0edience under t#e second paragrap#
4*
1. An agent of a person in aut#ority is engaged in t#e performance of official duty or
gi&es a la$ful order to t#e offender;
2. .ffender diso0eys suc# agent of a person in aut#ority;
3. <uc# diso0edience is not of a serious nature.
9istinction 0et$een resistance or serious diso0edience and direct assault
1. %n resistance1 t#e person in aut#ority or #is agent must 0e in actual performance
of #is duties.
%n direct assault1 t#e person in aut#ority or #is agent must 0e engaged in t#e
performance of official duties or t#at #e is assaulted 0y reason t#ereof.
2. 2esistance or serious diso0edience is committed only 0y resisting or seriously
diso0eying a person in aut#ority or #is agent.
9irect assault (t#e second form) is committed in four $ays1 t#at is1 (1) 0y
attac6ing1 (2) 0y employing force1 (3) 0y seriously intimidating1 and (4) 0y
seriously resisting a persons in aut#ority or #is agent.
3. %n 0ot# resistance against an agent of a person in aut#ority and direct assault 0y
resisting an agent of a person in aut#ority1 t#ere is force employed1 0ut t#e use of
force in resistance is not so serious1 as t#ere is no manifest intention to defy t#e
la$ and t#e officers enforcing it.
T#e attac6 or employment of force $#ic# gi&es rise to t#e crime of direct assault
must 0e serious and deli0erate; ot#er$ise1 e&en a case of simple resistance to
an arrest1 $#ic# al$ays re3uires t#e use of force of some 6ind1 $ould constitute
direct assault and t#e lesser offense of resistance or diso0edience in Article 151
$ould entirely disappear.
7ut $#en t#e one resisted is a person % aut#ority1 t#e use of any 6ind or degree
of force $ill gi&e rise to direct assault.
%f no force is employed 0y t#e offender in resisting or diso0eying a person in
aut#ority1 t#e crime committed is resistance or serious diso0edience under t#e
first paragrap# of Article 151.
@#o are deemed persons in aut#ority and agents of persons in aut#ority under Article
1!3
A person in aut#ority is one directly &ested $it# ?urisdiction1 t#at is1 t#e po$er and
aut#ority to go&ern and e4ecute t#e la$s.
An agent of a person in aut#ority is one c#arged $it# (1) t#e maintenance of pu0lic order
and (2) t#e protection and security of life and property.
41
!4amples of persons in aut#ority
1. Municipal mayor;
2. 9i&ision superintendent of sc#ools;
3. -u0lic and pri&ate sc#ool teac#ers;
4. Teac#erBnurse;
5. -resident of sanitary di&ision;
. -ro&incial fiscal;
". Fustice of t#e -eace;
'. Municipal councilor;
). 7arrio captain and 0arangay c#airman.
Article 1!8. T.&.lts a$ Ot,er Dist.r9aces o( %.9lic Or$er
Acts punis#ed
1. Causing any serious distur0ance in a pu0lic place1 office or esta0lis#ment;
2. %nterrupting or distur0ing performances1 functions or gat#erings1 or peaceful
meetings1 if t#e act is not included in Articles 131 and 132;
3. Ma6ing any outcry tending to incite re0ellion or sedition in any meeting1
association or pu0lic place;
4. 9isplaying placards or em0lems $#ic# pro&o6e a distur0ance of pu0lic order in
suc# place;
5. 7urying $it# pomp t#e 0ody of a person $#o #as 0een legally e4ecuted.
The essence is creating public disorder. This crime is brought about by creating serious
disturbances in public places, public buildings, and even in private places where public
functions or performances are being held.
2or a crime to be under this article, it must not fall under !rticles (6( #prohibition,
interruption, and dissolution of peaceful meetings% and (6" #interruption of religious
worship%.
42
&n the act of ma4ing outcry during speech tending to incite rebellion or sedition, the
situation must be distinguished from inciting to sedition or rebellion. &f the
spea4er, even before he delivered his speech, already had the criminal intent to
incite the listeners to rise to sedition, the crime would be inciting to sedition.
However, if the offender had no such criminal intent, but in the course of his
speech, tempers went high and so the spea4er started inciting the audience to
rise in sedition against the government, the crime is disturbance of the public
order.
The disturbance of the pubic order is tumultuous and the penalty is increased if it is
brought about by armed men. The term EarmedF does not refer to firearms but includes
even big stones capable of causing grave injury.
&t is also disturbance of the public order if a convict legally put to death is buried with
pomp. He should not be made out as a martyr< it might incite others to hatred.
Article 1!4. Ula+(.l Use o( Meas o( %.9licatio a$ Ula+(.l Utteraces
Acts punis#ed
1. -u0lis#ing or causing to 0e pu0lis#ed1 0y means of printing1 lit#ograp#y or any
ot#er means of pu0lication1 as ne$s any false ne$s $#ic# may endanger t#e
pu0lic order; or cause damage to t#e interest or credit of t#e <tate;
2. !ncouraging diso0edience to t#e la$ or to t#e constituted aut#orities or praising1
?ustifying or e4tolling any act punis#ed 0y la$1 0y t#e same means or 0y $ords1
utterances or speec#es;
3. Maliciously pu0lis#ing or causing to 0e pu0lis#ed any official resolution or
document $it#out proper aut#ority1 or 0efore t#ey #a&e 0een pu0lis#ed officially;
4. -rinting1 pu0lis#ing or distri0uting (or causing t#e same) 0oo6s1 pamp#lets1
periodicals1 or leaflets $#ic# do not 0ear t#e real printerEs name1 or $#ic# are
classified as anonymous.
Actual pu0lic disorder or actual damage to t#e credit of t#e <tate is not necessary.
Re".9lic Act No. 34/ pro#i0its t#e reprinting1 reproduction or repu0lication of
go&ernment pu0lications and official documents $it#out pre&ious aut#ority.
Article 1!!. Alar&s a$ Sca$als
Acts punis#ed
1. 9isc#arging any firearm1 roc6et1 firecrac6er1 or ot#er e4plosi&e $it#in any to$n or
pu0lic place1 calculated to cause ($#ic# produces) alarm of danger;
2. %nstigating or ta6ing an acti&e part in any c#ari&ari or ot#er disorderly meeting
offensi&e to anot#er or pre?udicial to pu0lic tran3uility;
43
3. 9istur0ing t#e pu0lic peace $#ile $andering a0out at nig#t or $#ile engaged in
any ot#er nocturnal amusements;
4. Causing any distur0ance or scandal in pu0lic places $#ile into4icated or
ot#er$ise1 pro&ided Article 153 in not applica0le.
.hen a person discharges a firearm in public, the act may constitute any of the possible
crimes under the Revised Penal Code'
#(% !larms and scandals if the firearm when discharged was
not directed to any particular person<
#"% &llegal discharge of firearm under !rticle "$* if the firearm is directed or pointed
to a particular person when discharged but intent to 4ill is absent<
#6% !ttempted homicide, murder, or parricide if the firearm when discharged is
directed against a person and intent to 4ill is present.
&n this connection, understand that it is not necessary that the offended party be
wounded or hit. 0ere discharge of firearm towards another with intent to 4ill already
amounts to attempted homicide or attempted murder or attempted parricide. &t can not
be frustrated because the offended party is not mortally wounded.
&n Arane)a v. Cour) o* A!!eal+, it was held that if a person is shot at and is wounded,
the crime is automatically attempted homicide. &ntent to 4ill is inherent in the use
of the deadly weapon.
The crime alarms and scandal is only one crime. @o not thin4 that alarms and scandals
are two crimes.
5candal here does not refer to moral scandal< that one is grave scandal in !rticle ";;.
The essence of the crime is disturbance of public tran9uility and public peace. 5o, any
4ind of disturbance of public order where the circumstance at the time renders the act
offensive to the tran9uility prevailing, the crime is committed.
Charivari is a moc4 serenade wherein the supposed serenaders use bro4en cans,
bro4en pots, bottles or other utensils thereby creating discordant notes. !ctually,
it is producing noise, not music and so it also disturbs public tran9uility.
=nderstand the nature of the crime of alarms and scandals as one that disturbs
public tran9uility or public peace. &f the annoyance is intended for a particular
person, the crime is unjust vexation.
)ven if the persons involved are engaged in nocturnal activity li4e those playing
patintero at night, or selling balut, if they conduct their activity in such a way that disturbs
public peace, they may commit the crime of alarms and scandals.
Article 1!'. Deli0eri* %risoers (ro& <ail
44
!lements
1. T#ere is a person confined in a ?ail or penal esta0lis#ment;
2. .ffender remo&es t#erefrom suc# person1 or #elps t#e escape of suc# person.
-enalty of arresto mayor in its ma4imum period to prision correccional in its minimum
period is imposed if &iolence1 intimidation or 0ri0ery is used.
-enalty of arresto mayor if ot#er means are used.
-enalty decreased to t#e minimum period if t#e escape of t#e prisoner s#all ta6e place
outside of said esta0lis#ments 0y ta6ing t#e guards 0y surprise.
&n relation to infidelity in the custody of prisoners, correlate the crime of delivering
person from jail with infidelity in the custody of prisoners punished under
!rticles ""6, ""* and ""$ of the Revised Penal Code. &n both acts, the
offender may be a public officer or a private citi3en. @o not thin4 that infidelity
in the custody of prisoners can only be committed by a public officer and
delivering persons from jail can only be committed by private person. :oth
crimes may be committed by public officers as well as private persons.
&n both crimes, the person involved may be a convict or a mere detention prisoner.
The only point of distinction between the two crimes lies on whether the offender is the
custodian of the prisoner or not at the time the prisoner was made to escape. &f the
offender is the custodian at that time, the crime is infidelity in the custody of prisoners.
:ut if the offender is not the custodian of the prisoner at that time, even though he is a
public officer, the crime he committed is delivering prisoners from jail.
Aiability of the prisoner or detainee who escaped + .hen these crimes are committed,
whether infidelity in the custody of prisoners or delivering prisoners from jail, the
prisoner so escaping may also have criminal liability and this is so if the
prisoner is a convict serving sentence by final judgment. The crime of evasion
of service of sentence is committed by the prisoner who escapes if such
prisoner is a convict serving sentence by final judgment.
&f the prisoner who escapes is only a detention prisoner, he does not incur liability from
escaping if he does not 4now of the plan to remove him from jail. :ut if such prisoner
4nows of the plot to remove him from jail and cooperates therein by escaping, he himself
becomes liable for delivering prisoners from jail as a principal by indispensable
cooperation.
&f three persons are involved + a stranger, the custodian and the prisoner + three crimes
are committed'
#(% &nfidelity in the custody of prisoners<
#"% @elivery of the prisoner from jail< and
45
#6% )vasion of service of sentence.
Article 1!). E0asio o( Ser0ice o( Setece
!lements
1. .ffender is a con&ict 0y final ?udgment;
2. 5e is ser&ing sentence $#ic# consists in t#e depri&ation of li0erty;
3. 5e e&ades ser&ice of #is sentence 0y escaping during t#e term of #is imprisonment.
Dualifying circumstances as to penalty imposed
%f suc# e&asion or escape ta6es place /
1. 7y means of unla$ful entry (t#is s#ould 0e H0y scalingI B 2eyes);
2. 7y 0rea6ing doors1 $indo$s1 gates1 $alls1 roofs or floors;
3. 7y using pic6loc61 false 6eys1 disguise1 deceit1 &iolence or intimidation; or
4. T#roug# conni&ance $it# ot#er con&icts or employees of t#e penal institution.
)vasion of service of sentence has three forms'
#(% :y simply leaving or escaping from the penal establishment under !rticle ($?<
#"% 2ailure to return within *1 hours after having left the penal establishment
because of a calamity, conflagration or mutiny and such calamity, conflagration
or mutiny has been announced as already passed under !rticle ($1<
#6% 7iolating the condition of conditional pardon under !rticle ($8.
&n leaving or escaping from jail or prison, that the prisoner immediately returned is
immaterial. &t is enough that he left the penal establishment by escaping
therefrom. His voluntary return may only be mitigating, being analogous to
voluntary surrender. :ut the same will not absolve his criminal liability.
Article 1!/. E0asio o( Ser0ice o( Setece o t,e Occasio o( Disor$ers@
Co(la*ratios@ Eart,B.a=es@ or Ot,er Cala&ities
!lements
1. .ffender is a con&ict 0y final ?udgment1 $#o is confined in a penal institution;
4
2. T#ere is disorder1 resulting from /
a. conflagration;
0. eart#3ua6e;
c. e4plosion; or
d. similar catastrop#e; or
e. mutiny in $#ic# #e #as not participated;
3. 5e e&ades t#e ser&ice of #is sentence 0y lea&ing t#e penal institution $#ere #e is
confined1 on t#e occasion of suc# disorder or during t#e mutiny;
4. 5e fails to gi&e #imself up to t#e aut#orities $it#in 4' #ours follo$ing t#e
issuance of a proclamation 0y t#e C#ief !4ecuti&e announcing t#e passing a$ay
of suc# calamity.
The leaving from the penal establishment is not the basis of criminal liability. &t is the
failure to return within *1 hours after the passing of the calamity, conflagration
or mutiny had been announced. =nder !rticle ($1, those who return within *1
hours are given credit or deduction from the remaining period of their sentence
e9uivalent to (J$ of the original term of the sentence. :ut if the prisoner fails to
return within said *1 hours, an added penalty, also (J$, shall be imposed but
the (J$ penalty is based on the remaining period of the sentence, not on the
original sentence. &n no case shall that penalty exceed six months.
Those who did not leave the penal establishment are not entitled to the (J$ credit. >nly
those who left and returned within the *1hour period.
The mutiny referred to in the second form of evasion of service of sentence does not
include riot. The mutiny referred to here involves subordinate personnel rising
against the supervisor within the penal establishment. >ne who escapes
during a riot will be subject to !rticle ($?, that is, simply leaving or escaping the
penal establishment.
0utiny is one of the causes which may authori3e a convict serving sentence in the
penitentiary to leave the jail provided he has not ta4en part in the mutiny.
The crime of evasion of service of sentence may be committed even if the sentence is
destierro, and this is committed if the convict sentenced to destierro will enter
the prohibited places or come within the prohibited radius of "$ 4ilometers to
such places as stated in the judgment.
&f the sentence violated is destierro, the penalty upon the convict is to be served by way
of destierro also, not imprisonment. This is so because the penalty for the evasion can
not be more severe than the penalty evaded.
4"
Article 1!1. Ot,er Cases o( E0asio o( Ser0ice o( Setece
!lements of &iolation of conditional pardon
1. .ffender $as a con&ict;
2. 5e $as granted pardon 0y t#e C#ief !4ecuti&e;
3. 5e &iolated any of t#e conditions of suc# pardon.
&n violation of conditional pardon, as a rule, the violation will amount to this crime only if
the condition is violated during the remaining period of the sentence. !s a
rule, if the condition of the pardon is violated when the remaining unserved
portion of the sentence has already lapsed, there will be no more criminal
liability for the violation. However, the convict maybe re9uired to serve the
unserved portion of the sentence, that is, continue serving original penalty.
The administrative liability of the convict under the conditional pardon is different and
has nothing to do with his criminal liability for the evasion of service of sentence in the
event that the condition of the pardon has been violated. )xception' where the violation
of the condition of the pardon will constitute evasion of service of sentence, even though
committed beyond the remaining period of the sentence. This is when the conditional
pardon expressly so provides or the language of the conditional pardon clearly shows
the intention to ma4e the condition perpetual even beyond the unserved portion of the
sentence. &n such case, the convict may be re9uired to serve the unserved portion of
the sentence even though the violation has ta4en place when the sentence has already
lapsed.
&n order that the conditional pardon may be violated, it is conditional that the pardonee
received the conditional pardon. &f he is released without conformity to the conditional
pardon, he will not be liable for the crime of evasion of service of sentence.
6.estio 7 As+er
%s t#e &iolation of conditional pardon a su0stanti&e offense=
=nder !rticle ($8, there are two situations provided'
#(% There is a penalty of prision correccional minimum for the violation of the
conditional pardon<
4'
#"% There is no new penalty imposed for the violation of the conditional pardon.
&nstead, the convict will be re9uired to serve the unserved portion of the
sentence.
&f the remitted portion of the sentence is less than six years or up to six years,
there is an added penalty of prision correccional minimum for the violation of the
conditional pardon< hence, the violation is a substantive offense if the remitted portion of
the sentence does not exceed six years because in this case a new penalty is imposed
for the violation of the conditional pardon.
:ut if the remitted portion of the sentence exceeds six years, the violation of the
conditional pardon is not a substantive offense because no new penalty is imposed for
the violation.
&n other words, you have to 9ualify your answer.
The 5upreme Court, however, has ruled in the case of An%ele+ v. ,o+e that this
is not a substantive offense. This has been highly critici3ed.
Article 1'4. Co&&issio o( Aot,er Cri&e D.ri* Ser0ice o( %ealt# I&"ose$ (or
Aot,er %re0io.s O((ese
!lements
1. .ffender $as already con&icted 0y final ?udgment of one offense;
2. 5e committed a ne$ felony 0efore 0eginning to ser&e suc# sentence or $#ile
ser&ing t#e same.
TITLE I2. CRIMES AGAINST %UALIC INTEREST
Crimes against pu0lic interest
1. Counterfeiting t#e great seal of t#e ;o&ernment of t#e -#ilippines (Art. 11);
2. 8sing forged signature or counterfeiting seal or stamp (Art. 12);
3. Ma6ing and importing and uttering false coins (Art. 13);
4. Mutilation of coins1 importation and uttering of mutilated coins (Art. 14);
5. <elling of false or mutilated coins1 $it#out conni&ance (Art. 15);
. +orging treasury or 0an6 notes or ot#er documents paya0le to 0earer1 importing
and uttering of suc# false or forged notes and documents (Art. 1);
". Counterfeiting1 importing and uttering instruments not paya0le to 0earer (Art.
1");
4)
'. %llegal possession and use of forged treasury or 0an6 notes and ot#er
instruments of credit (Art. 1');
). +alsification of legislati&e documents (Art. 1"*);
1*. +alsification 0y pu0lic officer1 employee or notary (Art. 1"1);
11. +alsification 0y pri&ate indi&iduals and use of falsified documents (Art. 1"2);
12. +alsification of $ireless1 ca0le1 telegrap# and telep#one messages and use of
said falsified messages (Art. 1"3);
13. +alse medical certificates1 false certificates of merit or ser&ice (Art. 1"4);
14. 8sing false certificates (Art. 1"5);
15. Manufacturing and possession of instruments or implements for falsification (Art.
1");
1. 8surpation of aut#ority or official functions (Art. 1"");
1". 8sing fictitious name and concealing true name (Art. 1"');
1'. %llegal use of uniforms or insignia (Art. 1"));
1). +alse testimony against a defendant (Art. 1'*);
2*. +alse testimony fa&ora0le to t#e defendant (Art. 1'1);
21. +alse testimony in ci&il cases (Art. 1'2);
22. +alse testimony in ot#er cases and per?ury (Art. 1'3);
23. .ffering false testimony in e&idence (Art. 1'4);
24. Mac#inations in pu0lic auction (Art. 1'5);
25. Monopolies and com0inations in restraint of trade (Art. 1');
2. %mportation and disposition of falsely mar6ed articles or merc#andise made of
gold1 sil&er1 or ot#er precious metals or t#eir alloys (Art. 1'");
2". <u0stituting and altering trade mar6s and trade names or ser&ice mar6s (Art.
1'');
2'. 8nfair competition and fraudulent registration of trade mar6 or trade name1 or
ser&ice mar6; fraudulent designation of origin1 and false description (Art. 1')).
5*
The crimes in this title are in the nature of fraud or falsity to the public. The essence of
the crime under this title is that which defraud the public in general. There is deceit
perpetrated upon the public. This is the act that is being punished under this title.
Article 1'1. Co.ter(eiti* t,e Great Seal o( t,e Go0er&et o( t,e %,ili""ie
Isla$s@ For*i* t,e Si*at.re or Sta&" o( t,e C,ie( E?ec.ti0e
Acts punis#ed
1. +orging t#e great seal of t#e ;o&ernment of t#e -#ilippines;
2. +orging t#e signature of t#e -resident;
3. +orging t#e stamp of t#e -resident.
Article 1'3. Usi* For*e$ Si*at.re or Co.ter(eit Seal or Sta&"
!lements
1. T#e great seal of t#e 2epu0lic $as counterfeited or t#e signature or stamp of t#e
C#ief !4ecuti&e $as forged 0y anot#er person;
2. .ffender 6ne$ of t#e counterfeiting or forgery;
3. 5e used t#e counterfeit seal or forged signature or stamp.
.ffender under t#is article s#ould not 0e t#e forger.
Article 1'8. Ma=i* a$ I&"orti* a$ Utteri* False Cois
!lements
1. T#ere 0e false or counterfeited coins;
2. .ffender eit#er made1 imported or uttered suc# coins;
3. %n case of uttering suc# false or counterfeited coins1 #e conni&ed $it# t#e
counterfeiters or importers.
Jinds of coins t#e counterfeiting of $#ic# is punis#ed
1. <il&er coins of t#e -#ilippines or coins of t#e Central 7an6 of t#e -#ilippines;
2. Coins of t#e minor coinage of t#e -#ilippines or of t#e Central 7an6 of t#e
-#ilippines;
3. Coin of t#e currency of a foreign country.
51
Article 1'4. M.tilatio o( Cois
Acts punis#ed
1. Mutilating coins of t#e legal currency1 $it# t#e furt#er re3uirements t#at t#ere 0e
intent to damage or to defraud anot#er;
2. %mporting or uttering suc# mutilated coins1 $it# t#e furt#er re3uirement t#at t#ere
must 0e conni&ances $it# t#e mutilator or importer in case of uttering.
The first acts of falsification or falsity are +
#(% Counterfeiting + refers to money or currency<
#"% 2orgery + refers to instruments of credit and obligations and securities issued by
the Philippine government or any ban4ing institution authori3ed by the Philippine
government to issue the same<
#6% 2alsification + can only be committed in respect of documents.
&n so far as coins in circulation are concerned, there are two crimes that may be
committed'
#(% Counterfeiting coins This is the crime of rema4ing or manufacturing without
any authority to do so.
&n the crime of counterfeiting, the law is not concerned with the fraud upon the public
such that even though the coin is no longer legal tender, the act of imitating or
manufacturing the coin of the government is penali3ed. &n punishing the crime of
counterfeiting, the law wants to prevent people from trying their ingenuity in their
imitation of the manufacture of money.
&t is not necessary that the coin counterfeited be legal tender. 5o that even if the coin
counterfeited is of vintage, the crime of counterfeiting is committed. The reason is to bar
the counterfeiter from perfecting his craft of counterfeiting. The law punishes the act in
order to discourage people from ever attempting to gain expertise in gaining money.
This is because if people could counterfeit money with impunity just because it is no
longer legal tender, people would try to counterfeit nonlegal tender coins. 5oon, if they
develop the expertise to ma4e the counterfeiting more or less no longer discernible or no
longer noticeable, they could ma4e use of their ingenuity to counterfeit coins of legal
tender. 2rom that time on, the government shall have difficulty determining which coins
are counterfeited and those which are not. &t may happen that the counterfeited coins
may loo4 better than the real ones. 5o, counterfeiting is penali3ed right at the very start
whether the coin is legal tender or otherwise.
52
6.estio 7 As+er
K #as in #is possession a coin $#ic# $as legal tender at t#e time of Magellan
and is considered a collectorEs item. 5e manufactured se&eral pieces of t#at coin. %s t#e
crime committed=
Bes. &t is not necessary that the coin be of legal tender. The provision punishing
counterfeiting does not re9uire that the money be of legal tender and the law punishes
this even if the coin concerned is not of legal tender in order to discourage people from
practicing their ingenuity of imitating money. &f it were otherwise, people may at the
beginning try their ingenuity in imitating money not of legal tender and once they ac9uire
expertise, they may then counterfeit money of legal tender.
#"% 0utilation of coins This refers to the deliberate act of diminishing the proper
metal contents of the coin either by scraping, scratching or filling the edges of the
coin and the offender gathers the metal dust that has been scraped from the
coin.
Re9uisites of mutilation under the Revised Penal Code
#(% #(% Coin mutilated is of legal tender<
#"% >ffender gains from the precious metal dust abstracted from the coin< and
#6% &t has to be a coin.
0utilation is being regarded as a crime because the coin, being of legal tender, it is still
in circulation and which would necessarily prejudice other people who may come across
the coin. 2or example, C mutilated a P ".;; coin, the octagonal one, by converting it
into a round one and extracting (J(; of the precious metal dust from it. The coin here is
no longer P".;; but only P (.1;, therefore, prejudice to the public has resulted.
There is no expertise involved here. &n mutilation of coins under the Revised Penal
Code, the offender does nothing but to scrape, pile or cut the coin and collect the dust
and, thus, diminishing the intrinsic value of the coin.
0utilation of coins is a crime only if the coin mutilated is legal tender. &f the coin whose
metal content has been depreciated through scraping, scratching, or filing the coin and
the offender collecting the precious metal dust, even if he would use the coin after its
intrinsic value had been reduced, nobody will accept the same. &f it is not legal tender
anymore, no one will accept it, so nobody will be defrauded. :ut if the coin is of legal
tender, and the offender minimi3es or decreases the precious metal dust content of the
coin, the crime of mutilation is committed.
&n the example, if the offender has collected (J(; of the P ".;; coin, the coin is actually
worth only P (.1;. He is paying only P(.1; in effect defrauding the seller of P .";.
Punishment for mutilation is brought about by the fact that the intrinsic value of the coin
is reduced.
53
The offender must deliberately reduce the precious metal in the coin. @eliberate intent
arises only when the offender collects the precious metal dust from the mutilated coin. &f
the offender does not collect such dust, intent to mutilate is absent, but Presidential
@ecree ,o. "*? will apply.
%resi$etial Decree No. 34) :De(ace&et@ M.tilatio@ Teari*@ A.ri* or
Destro#i* Cetral Aa= Notes a$ Cois>
%t s#all 0e unla$ful for any person to $illfully deface1 mutilate1 tear1 0urn1 or destroy in
any manner $#atsoe&er1 currency notes and coins issued 0y t#e Central 7an6.
0utilation under the Revised Penal Code is true only to coins. &t cannot be a crime
under the Revised Penal Code to mutilate paper bills because the idea of mutilation
under the code is collecting the precious metal dust. However, under Presidential
@ecree ,o. "*?, mutilation is not limited to coins.
6.estios 7 As+ers
1. T#e people playing cara y cru:1 0efore t#ey t#ro$ t#e coin in t#e air $ould
ru0 t#e money to t#e side$al6 t#ere0y diminis#ing t#e intrinsic &alue of t#e coin. %s t#e
crime of mutilation committed=
0utilation, under the Revised Penal Code, is not committed because they do not
collect the precious metal content that is being scraped from the coin. However, this will
amount to violation of Presidential @ecree ,o. "*?.
2. @#en t#e image of Fose 2i:al on a fi&eBpeso 0ill is transformed into t#at
of 2andy <antiago1 is t#ere a &iolation of -residential 9ecree Co. 24"=
Bes. Presidential @ecree ,o. "*? is violated by such act.
3. <ometime 0efore martial la$ $as imposed1 t#e people lost confidence in
0an6s t#at t#ey preferred #oarding t#eir money t#an depositing it in 0an6s. +ormer
-resident +erdinand Marcos declared upon declaration of martial la$ t#at all 0ills $it#out
t#e 7agong Aipunan sign on t#em $ill no longer 0e recogni:ed. 7ecause of t#is1 t#e
people #ad no c#oice 0ut to surrender t#eir money to 0an6s and e4c#ange t#em $it#
t#ose $it# t#e 7agong Aipunan sign on t#em. 5o$e&er1 people $#o came up $it# a lot
of money $ere also 0eing c#arged $it# #oarding for $#ic# reason certain printing
presses did t#e stamping of t#e 7agong Aipunan sign t#emsel&es to a&oid prosecution.
@as t#ere a &iolation of -residential 9ecree Co. 24"=
Bes. This act of the printing presses is a violation of Presidential @ecree ,o.
"*?.
4. An old $oman $#o $as a cigarette &endor in Duiapo refused to accept
oneBcenta&o coins for payment of t#e &endee of cigarettes #e purc#ased. T#en came
t#e police $#o ad&ised #er t#at s#e #as no rig#t to refuse since t#e coins are of legal
54
tender. .n t#is1 t#e old $oman accepted in #er #ands t#e oneBcenta&o coins and t#en
t#re$ it to t#e face of t#e &endee and t#e police. @as t#e old $oman guilty of &iolating
-residential 9ecree Co. 24"=
5he was guilty of violating Presidential @ecree ,o. "*? because if no one ever
pic4s up the coins, her act would result in the diminution of the coin in circulation.
5. A certain customer in a restaurant $anted to s#o$ off and used a - 2*.**
0ill to lig#t #is cigarette. @as #e guilty of &iolating -residential 9ecree Co. 24"=
He was guilty of arrested for violating of Presidential @ecree ,o. "*?. !nyone
who is in possession of defaced money is the one who is the violator of Presidential
@ecree ,o. "*?. The intention of Presidential @ecree ,o. "*? is not to punish the act of
defrauding the public but what is being punished is the act of destruction of money
issued by the Central :an4 of the Philippines.
,ote that persons ma4ing bracelets out of some coins violate Presidential @ecree ,o.
"*?.
The primary purpose of Presidential @ecree ,o. "*? at the time it was ordained was to
stop the practice of people writing at the bac4 or on the edges of the paper bills, such as
Kwanted' pen palK.
5o, if the act of mutilating coins does not involve gathering dust li4e playing cara y cru3,
that is not mutilation under the Revised Penal Code because the offender does not
collect the metal dust. :ut by rubbing the coins on the sidewal4, he also defaces and
destroys the coin and that is punishable under Presidential @ecree ,o. "*?.
Article 1'!. Selli* o( False or M.tilate$ Coi@ +it,o.t Coi0ace
Acts punis#ed
1. -ossession of coin1 counterfeited or mutilated 0y anot#er person1 $it# intent to
utter t#e same1 6no$ing t#at it is false or mutilated;
!lements
1. -ossession;
2. @it# intent to utter; and
3. Jno$ledge.
2. Actually uttering suc# false or mutilated coin1 6no$ing t#e same to 0e false or
mutilated.
!lements
55
1. Actually uttering; and
2. Jno$ledge.
Article 1''. For*i* Treas.r# or Aa= Notes or Ot,er Doc.&ets %a#a9le to
AearerC I&"orti* a$ Utteri* S.c, False or For*e$ Notes a$ Doc.&ets
Acts punis#ed
1. +orging or falsification of treasury or 0an6 notes or ot#er documents paya0le to
0earer;
2. %mportation of suc# false or forged o0ligations or notes;
3. 8ttering of suc# false or forged o0ligations or notes in conni&ance $it# t#e
forgers or importers.
Article 1'). Co.ter(eiti*@ I&"orti*@ a$ Utteri* Istr.&ets Not %a#a9le to
Aearer
!lements
1. T#ere is an instrument paya0le to order or ot#er documents of credit not paya0le to
0earer;
2. .ffender eit#er forged1 imported or uttered suc# instrument;
3. %n case of uttering1 #e conni&ed $it# t#e forger or importer.
Article 1'/. Ille*al %ossessio a$ Use o( False Treas.r# or Aa= Notes a$
Ot,er Istr.&ets o( Cre$it
!lements
1. Any treasury or 0an6 note or certificate or ot#er o0ligation and security paya0le
to 0earer1 or any instrument paya0le to order or ot#er document of credit not
paya0le to 0earer is forged or falsified 0y anot#er person;
2. .ffender 6no$s t#at any of t#ose instruments is forged or falsified;
3. 5e eit#er /
a. uses any of suc# forged or falsified instruments; or
0. possesses $it# intent to use any of suc# forged or falsified instruments.
5o$ forgery is committed under Article 1'1
5
1. 7y gi&ing to a treasury or 0an6 note or any instrument paya0le to 0earer or to order
mentioned t#erein1 t#e appearance of a true and genuine document;
2. 7y erasing1 su0stituting1 counterfeiting1 or altering 0y any means t#e figures1
letters1 $ords1 or sign contained t#erein.
2orgery under the Revised Penal Code applies to papers, which are in the form of
obligations and securities issued by the Philippine government as its own obligations,
which is given the same status as legal tender. /enerally, the word EcounterfeitingF is
not used when it comes to notes< what is used is Eforgery.F Counterfeiting refers to
money, whether coins or bills.
The Revised Penal Code defines forgery under !rticle (-8. ,otice that mere change on
a document does not amount to this crime. The essence of forgery is giving a document
the appearance of a true and genuine document. ,ot any alteration of a letter, number,
figure or design would amount to forgery. !t most, it would only be frustrated forgery.
.hen what is being counterfeited is obligation or securities, which under the Revised
Penal Code is given a status of money or legal tender, the crime committed is forgery.
6.estios 7 As+ers
1. %nstead of t#e peso sign (-)1 some0ody replaced it $it# a dollar sign (L).
@as t#e crime of forgery committed=
,o. 2orgery was not committed. The forged instrument and currency note must
be given the appearance of a true and genuine document. The crime committed is a
violation of Presidential @ecree ,o. "*?. .here the currency note, obligation or security
has been changed to ma4e it appear as one which it purports to be as genuine, the
crime is forgery. &n chec4s or commercial documents, this crime is committed when the
figures or words are changed which materially alters the document.
2. An old man1 in #is desire to earn somet#ing1 scraped a digit in a losing
s$eepsta6es tic6et1 cut out a digit from anot#er tic6et and pasted it t#ere to matc# t#e
series of digits corresponding to t#e $inning s$eepsta6es tic6et. 5e presented t#is
tic6et to t#e -#ilippine C#arity <$eepsta6es .ffice. 7ut t#e alteration is so crude t#at
e&en a c#ild can notice t#at t#e supposed digit is merely superimposed on t#e digit t#at
$as scraped. @as t#e old man guilty of forgery=
:ecause of the impossibility of deceiving whoever would be the person to whom
that tic4et is presented, the 5upreme Court ruled that what was committed was an
impossible crime. ,ote, however, that the decision has been critici3ed. &n a case li4e
this, the 5upreme Court of 5pain ruled that the crime is frustrated. .here the alteration
is such that nobody would be deceived, one could easily see that it is a forgery, the
crime is frustrated because he has done all the acts of execution which would bring
about the felonious conse9uence but nevertheless did not result in a consummation for
reasons independent of his will.
5"
3. A person #as a t$entyBpeso 0ill. 5e applied toot#ac#e drops on one side
of t#e 0ill. 5e #as a mimeograp# paper similar in te4ture to t#at of t#e currency note and
placed it on top of t#e t$entyBpeso 0ill and put some $eig#t on top of t#e paper. After
sometime1 #e remo&ed it and t#e printing on t#e t$entyBpeso 0ill $as reproduced on t#e
mimeo paper. 5e too6 t#e re&erse side of t#e -2* 0ill1 applied toot#ac#e drops and
re&ersed t#e mimeo paper and pressed it to t#e paper. After sometime1 #e remo&ed it
and it $as reproduced. 5e cut it out1 scraped it a little and $ent to a sariBsari store trying
to 0uy a cigarette $it# t#at 0ill. @#at #e o&erloo6ed $as t#at1 $#en #e placed t#e 0ill1
t#e printing $as in&erted. 5e $as appre#ended and $as prosecuted and con&icted of
forgery. @as t#e crime of forgery committed=
The 5upreme Court ruled that it was only frustrated forgery because although
the offender has performed all the acts of execution, it is not possible because by simply
loo4ing at the forged document, it could be seen that it is not genuine. &t can only be a
consummated forgery if the document which purports to be genuine is given the
appearance of a true and genuine document. >therwise, it is at most frustrated.
Article 1)4. Falsi(icatio o( Le*islati0e Doc.&ets
!lements
1. T#ere is a 0ill1 resolution or ordinance enacted or appro&ed or pending appro&al
0y eit#er 5ouse of t#e Aegislature or any pro&incial 0oard or municipal council;
2. .ffender alters t#e same;
3. 5e #as no proper aut#ority t#erefor;
4. T#e alteration #as c#anged t#e meaning of t#e documents.
T#e $ords Gmunicipal councilG s#ould include t#e city council or municipal 0oard /
2eyes.
The crime of falsification must involve a writing that is a document in the legal sense.
The writing must be complete in itself and capable of extinguishing an obligation or
creating rights or capable of becoming evidence of the facts stated therein. =ntil and
unless the writing has attained this 9uality, it will not be considered as document in the
legal sense and, therefore, the crime of falsification cannot be committed in respect
thereto.
2ive classes of falsification'
#(% 2alsification of legislative documents<
#"% 2alsification of a document by a public officer, employee or notary public<
#6% 2alsification of a public or official, or commercial documents by a private
individual<
5'
#*% 2alsification of a private document by any person<
#$% 2alsification of wireless, telegraph and telephone messages.
@istinction between falsification and forgery'
2alsification is the commission of any of the eight acts mentioned in !rticle (?( on
legislative #only the act of ma4ing alteration%, public or official, commercial, or private
documents, or wireless, or telegraph messages.
The term forgery as used in !rticle (-8 refers to the falsification and counterfeiting of
treasury or ban4 notes or any instruments payable to bearer or to order.
,ote that forging and falsification are crimes under 2orgeries.
Article 1)1. Falsi(icatio 9# %.9lic O((icer@ E&"lo#ee or Notar# or Ecclesiastical
Miister
!lements
1. .ffender is a pu0lic officer1 employee1 or notary pu0lic;
2. 5e ta6es ad&antage of #is official position;
3. 5e falsifies a document 0y committing any of t#e follo$ing acts>
a. Counterfeiting or imitating any #and$riting1 signature or ru0ric;
0. Causing it to appear t#at persons #a&e participated in any act or
proceeding $#en t#ey did not in fact so participate;
c. Attri0uting to persons $#o #a&e participated in an act or proceeding
statements ot#er t#an t#ose in fact made 0y t#em;
d. Ma6ing untrut#ful statements in a narration of facts;
e. Altering true dates;
f. Ma6ing any alteration or intercalation in a genuine document $#ic#
c#anges its meaning;
g. %ssuing in an aut#enticated form a document purporting to 0e a copy
of an original document $#en no suc# original e4ists1 or including in suc#
a copy a statement contrary to1 or different from1 t#at of t#e genuine
original; or
#. %ntercalating any instrument or note relati&e to t#e issuance t#ereof in a
protocol1 registry1 or official 0oo6.
5)
4. %n case t#e offender is an ecclesiastical minister $#o s#all commit any of t#e
offenses enumerated1 $it# respect to any record or document of suc# c#aracter
t#at its falsification may affect t#e ci&il status of persons.
2or example, a customer in a hotel did not write his name on the registry boo4, which
was intended to be a memorial of those who got in and out of that hotel. There is no
complete document to spea4 of. The document may not extinguish or create rights but it
can be an evidence of the facts stated therein.
,ote that a chec4 is not yet a document when it is not completed yet. &f somebody
writes on it, he ma4es a document out of it.
The document where a crime was committed or the document subject of the prosecution
may be totally false in the sense that it is entirely spurious. This notwithstanding, the
crime of falsification is committed.
&t does not re9uire that the writing be genuine. )ven if the writing was through and
through false, if it appears to be genuine, the crime of falsification is nevertheless
committed.
6.estios 7 As+ers
1. A is one of t#ose selling residence certificates in Duiapo. 5e $as 0roug#t
to t#e police precincts on suspicion t#at t#e certificates #e $as selling to t#e pu0lic
proceed from spurious sources and not from t#e 7ureau of Treasury. 8pon &erification1
it $as found out t#at t#e certificates $ere indeed printed $it# a 0oo6let of supposed
residence certificates. @#at crime $as committed=
Crime committed is violation of !rticle (?- #manufacturing and possession of
instruments or implements for falsification%. ! cannot be charged of falsification
because the boo4let of residence certificates found in his possession is not in the nature
of EdocumentF in the legal sense. They are mere forms which are not to be completed to
be a document in the legal sense. This is illegal possession with intent to use materials
or apparatus which may be used in counterfeitingJforgery or falsification.
2. -u0lic officers found a traffic &iolation receipts from a certain person. T#e
receipts $ere not issued 0y t#e Motor (e#icle .ffice. +or $#at crime s#ould #e 0e
prosecuted for=
&t cannot be a crime of usurpation of official functions. &t may be the intention but
no overt act was yet performed by him. He was not arrested while performing such
overt act. He was apprehended only while he was standing on the street suspiciously.
,either can he be prosecuted for falsification because the document is not completed
yet, there being no name of any erring driver. The document remains to be a mere
form. &t not being completed yet, the document does not 9ualify as a document in the
legal sense.
4. Can t#e $riting on t#e $all 0e considered a document=
*
Bes. &t is capable of spea4ing of the facts stated therein. .riting may be on
anything as long as it is a product of the handwriting, it is considered a document.
5. %n a case $#ere a la$yer tried to e4tract money from a spinster 0y typing
on a 0ond paper a su0poena for estafa. T#e spinster agreed to pay. T#e spinster $ent
to t#e prosecutorEs office to &erify t#e e4act amount and found out t#at t#ere $as no
c#arge against #er. T#e la$yer $as prosecuted for falsification. 5e contended t#at only
a genuine document could 0e falsified. 2ule.
!s long as any of the acts of falsification is committed, whether the document is
genuine or not, the crime of falsification may be committed. )ven totally false
documents may be falsified.
There are four 4inds of documents'
#(% Public document in the execution of which, a person in authority or notary public
has ta4en part<
#"% >fficial document in the execution of which a public official ta4es part<
#6% Commercial document or any document recogni3ed by the Code of Commerce
or any commercial law< and
#*% Private document in the execution of which only private individuals ta4e part.
Public document is broader than the term official document. :efore a document may be
considered official, it must first be a public document. :ut not all public documents are
official documents. To become an official document, there must be a law which re9uires
a public officer to issue or to render such document. )xample' ! cashier is re9uired to
issue an official receipt for the amount he receives. The official receipt is a public
document which is an official document.
Article 1)3. Falsi(icatio 9# %ri0ate I$i0i$.al a$ Use o( Falsi(ie$ Doc.&ets
Acts punis#ed
1. +alsification of pu0lic1 official or commercial document 0y a pri&ate indi&idual;
2. +alsification of pri&ate document 0y any person;
3. 8se of falsified document.
!lements under paragrap# 1
1. .ffender is a pri&ate indi&idual or pu0lic officer or employee $#o did not ta6e
ad&antage of #is official position;
1
2. 5e committed any act of falsification;
3. T#e falsification $as committed in a pu0lic1 official1 or commercial document or
letter of e4c#ange.
!lements under paragrap# 2
1. .ffender committed any of t#e acts of falsification e4cept Article 1"1(")1 t#at is1
issuing in an aut#enticated form a document purporting to 0e a copy of an
original document $#en no suc# original e4ists1 or including in suc# a copy a
statement contrary to1 or different from1 t#at of t#e genuine original;
2. +alsification $as committed in any pri&ate document;
3. +alsification causes damage to a t#ird party or at least t#e falsification $as
committed $it# intent to cause suc# damage.
!lements under t#e last paragrap#
%n introducing in a ?udicial proceeding /
1. .ffender 6ne$ t#at t#e document $as falsified 0y anot#er person;
2. T#e false document is in Articles 1"1 or 1"2 (1 or 2);
3. 5e introduced said document in e&idence in any ?udicial proceeding.
%n use in any ot#er transaction /
1. .ffender 6ne$ t#at a document $as falsified 0y anot#er person;
2. T#e false document is em0raced in Articles 1"1 or 1"2 (1 or 2);
3. 5e used suc# document;
4. T#e use caused damage to anot#er or at least used $it# intent to cause damage.
Article 1)8. Falsi(icatio o( Wireless@ Ca9le@ Tele*ra", a$ Tele",oe Messa*es@
a$ Use o( Sai$ Falsi(ie$ Messa*es
Acts punis#ed
1. 8ttering fictitious $ireless1 telegrap# or telep#one message;
!lements
2
11 .ffender is an officer or employee of t#e go&ernment or an officer or
employee of a pri&ate corporation1 engaged in t#e ser&ice of sending or
recei&ing $ireless1 ca0le or telep#one message;
2. 5e utters fictitious $ireless1 ca0le1 telegrap# or telep#one message.
2. +alsifying $ireless1 telegrap# or telep#one message;
!lements
11 .ffender is an officer or employee of t#e go&ernment or an officer or
employee of a pri&ate corporation1 engaged in t#e ser&ice of sending or
recei&ing $ireless1 ca0le or telep#one message;
2. 5e falsifies $ireless1 ca0le1 telegrap# or telep#one message.
3. 8sing suc# falsified message.
!lements
1. .ffender 6ne$ t#at $ireless1 ca0le1 telegrap#1 or telep#one message $as
falsified 0y an officer or employee of t#e go&ernment or an officer or
employee of a pri&ate corporation1 engaged in t#e ser&ice of sending or
recei&ing $ireless1 ca0le or telep#one message;
2. 5e used suc# falsified dispatc#;
3. T#e use resulted in t#e pre?udice of a t#ird party or at least t#ere $as
intent to cause suc# pre?udice.
Article 1)4. False Me$ical Certi(icates@ False Certi(icates o( Merits or Ser0ice@
Etc.
-ersons lia0le
1. -#ysician or surgeon $#o1 in connection $it# t#e practice of #is profession1 issues a
false certificate (it must refer to t#e illness or in?ury of a person);
MT#e crime #ere is false medical certificate 0y a p#ysician.N
2. -u0lic officer $#o issues a false certificate of merit of ser&ice1 good conduct or
similar circumstances;
MT#e crime #ere is false certificate of merit or ser&ice 0y a pu0lic officer.N
3. -ri&ate person $#o falsifies a certificate falling $it#in t#e classes mentioned in t#e
t$o preceding su0di&isions.
3
Article 1)!. Usi* False Certi(icates
!lements
1. T#e follo$ing issues a false certificate>
a. -#ysician or surgeon1 in connection $it# t#e practice of #is profession1
issues a false certificate;
0. -u0lic officer issues a false certificate of merit of ser&ice1 good
conduct or similar circumstances;
c. -ri&ate person falsifies a certificate falling $it#in t#e classes
mentioned in t#e t$o preceding su0di&isions.
2. .ffender 6no$s t#at t#e certificate $as false;
3. 5e uses t#e same.
Article 1)'. Ma.(act.ri* a$ %ossessio o( Istr.&ets or I&"le&ets (or
Falsi(icatio
Acts punis#ed
1. Ma6ing or introducing into t#e -#ilippines any stamps1 dies1 mar6s1 or ot#er
instruments or implements for counterfeiting or falsification;
2. -ossession $it# intent to use t#e instruments or implements for counterfeiting or
falsification made in or introduced into t#e -#ilippines 0y anot#er person.
Article 1)). Us.r"atio o( A.t,orit# or O((icial F.ctios
Acts punis#ed
1. 8surpation of aut#ority;
!lements
1. .ffender 6no$ingly and falsely represents #imself;
2. As an officer1 agent or representati&e of any department or agency of t#e
-#ilippine go&ernment or of any foreign go&ernment.
2. 8surpation of official functions.
!lements
1. .ffender performs any act;
4
2. -ertaining to any person in aut#ority or pu0lic officer of t#e -#ilippine
go&ernment or any foreign go&ernment1 or any agency t#ereof;
3. 8nder pretense of official position;
4. @it#out 0eing la$fully entitled to do so.
Article 1)/. Usi* Fictitio.s Na&e a$ Coceali* Tr.e Na&e
Acts punis#ed
1. 8sing fictitious name
!lements
1. .ffender uses a name ot#er t#an #is real name;
2. 5e uses t#e fictitious name pu0licly;
3. -urpose of use is to conceal a crime1 to e&ade t#e e4ecution of a
?udgment or to cause damage Mto pu0lic interest / 2eyesN.
2. Concealing true name
!lements
1. .ffender conceals #is true name and ot#er personal circumstances;
2. -urpose is only to conceal #is identity.
Co&&o+ealt, Act No. 143 :Re*.lati* t,e Use o( Aliases>
Co person s#all use any name different from t#e one $it# $#ic# #e $as registered at
0irt# in t#e office of t#e local ci&il registry1 or $it# $#ic# #e $as registered in t#e 0ureau
of immigration upon entry; or suc# su0stitute name as may #a&e 0een aut#ori:ed 0y a
competent court.
!4ception> -seudonym solely for literary1 cinema1 tele&ision1 radio1 or ot#er
entertainment and in at#letic e&ents $#ere t#e use of pseudonym is a normally accepted
practice.
Article 1)1. Ille*al Use o( Ui(or&s or Isi*ia
!lements
1. .ffender ma6es use of insignia1 uniforms or dress;
5
2. T#e insignia1 uniforms or dress pertains to an office not #eld 0y suc# person or a
class of persons of $#ic# #e is not a mem0er;
3. <aid insignia1 uniform or dress is used pu0licly and improperly.
@earing t#e uniform of an imaginary office is not punis#a0le.
<o also1 an e4act imitation of a uniform or dress is unnecessary; a colora0le
resem0lance calculated to decei&e t#e common run of people is sufficient.
Article 1/4. False Testi&o# a*aist A De(e$at
!lements
1. T#ere is a criminal proceeding;
2. .ffender testifies falsely under oat# against t#e defendant t#erein;
3. .ffender $#o gi&es false testimony 6no$s t#at it is false.
4. 9efendant against $#om t#e false testimony is gi&en is eit#er ac3uitted or
con&icted in a final ?udgment.
T#ree forms of false testimony
1. +alse testimony in criminal cases under Article 1'* and 1'1;
2. +alse testimony in ci&il case under Article 1'2;
3. +alse testimony in ot#er cases under Article 1'3.
Article 1/1. False Testi&o# Fa0ora9le to t,e De(e$at
!lements
1. A person gi&es false testimony;
2. %n fa&or of t#e defendant;
3. %n a criminal case.
Article 1/3. False Testi&o# i Ci0il Cases
!lements
1. Testimony gi&en in a ci&il case;