RPC Book II

Criminal Law - Book II Crimes and Penalties
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Source: The Revised Penal Code by Luis B. Reyes, 2012 Edition
TITLE ONE CRIMES AGAINST NATIONAL SECURITY
CRIMES AGAINST NATIONAL 1. Treason

SECURITY AND THE LAW OF 2. Conspiracy and proposal to commit treason
NATIONS 3. Misprision of treason
4. Espionage
CRIMES AGAINST THE LAW OF NATIONS
1. Inciting to war or giving motives for reprisals

2. Violation of neutrality
3. Correspondence with hostile country
SECTION ONE 4. Flight to enemys country
5. Piracy in general and mutiny on the high seas or
TREASON AND ESPIONAGE in Philippine waters
ARTICLE 114. TREASON
Any Filipino citizen who levies war ELEMENTS OF TREASON:

against the Philippines or adheres
to her enemies, giving them aid or 1. That the offender is a Filipino citizen or an alien
comfort within the Philippines or residing in the Philippines;
elsewhere shall be punished by 2. That there is war in which the Philippines is
reclusion perpetua to death and involved;
shall pay a fine not to exceed 100, 3. That the offender either
000 pesos. Levies war against the government
Adheres to the enemies, giving them
No person shall be convicted of aid or comfort
treason unless on the testimony of
two witnesses at TREASON
least to the same overt act or on A breach of allegiance to a government,
confession of the accused in open committed by a person who owes allegiance to it.
court.
Nature of the crime:
Likewise, an alien, residing in the
Philippine Islands, who commits Violation by a subject of his allegiance to his
acts of treason as sovereign or to the supreme authority of the
defined in paragraph 1 of this State.
Article shall be punished by
reclusion temporal to death and Treason is a war crime; it is not an all-time
shall pay a fine not to exceed 100, offense; it cannot be committed in time of peace.
000 pesos. (As amended by Sec 2,
RA 7659, effective December 31, Punished by the state as a measure of self-
1993). defense and self-preservation.
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The obligation of fidelity and obedience which

the individuals owe to the government under which they
live or to their sovereign, in return of the protection they
receive.
PERMANENT ALLEGIANCE consist in the

obligation of fidelity and obedience which a citizen or
subject owes to his government or sovereign.
TEMPORARY ALLEGIANCE - the obligation of

fidelity and obedience which a resident alien owes to our
government.
TWO WAYS OR MODES OF COMMITTING TREASON:

1. By levying war against the government;
2. By adhering to the enemies of the Philippines,
giving them aid or comfort.
LEVYING WAR
Intent to overthrow the government, not merely

to resist a particular statute or to repel a particular
officer.
Requisites:
1. That there be an actual assembling of men;

2. For the purpose of executing a treasonable
design by force;
3. Intent is to deliver the country in whole or in part
to the enemy;
4. Collaboration with foreign enemy or some
foreign sovereign.
ADHERENCE TO THE ENEMY
Intent to betray when a citizen intellectually or

emotionally favors the enemy and harbors sympathies or
convictions disloyal to his countrys policy or interest.
AID OR COMFORT
An act which strengthens or tends to strengthen

the enemy in the conduct of war against the traitors
country;
ALLEGIANCE
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An act which weakens and tend to weaken the

power of the traitors country to resist or attack the
enemy.
Note:
Adherence alone, without giving aid or comfort
to the enemy is not sufficient to constitute
treason.
The aid or comfort must be given to the enemy

by some kind of action. It must be a deed or
physical activity, not merely a mental operation.
When killings and other common crimes are

charges as overt acts of treason, they cannot be
regarded as separate crimes or as complexed
with treason.
WAYS OF PROVING TREASON:
1. Testimony of two witness, at least, to the same

overt act;
2. Confession of the accused in open court.
THE TWO-WITNESS RULE
The testimony of two witnesses is required to

prove the overt act of giving aid or comfort. It is not
necessary to prove adherence. This rule must be
adhered to as to each and every one of all the external
manifestations of the overt act in issue. But it is not
required that their testimony be identical. The provision
requires that each of the witness must testify to the
whole overt act; or if it is separable, there must be two
witnesses to each part of the overt act. It is sufficient
that the witnesses are uniform in their testimony on the
overt act; it is not necessary that there be corroboration
between them on the point they testified.
OVERT ACT that physical activity that deed that

constitutes the rendering of aid and comfort.
ADHERENCE MAY BE PROVED:
1. By one witness;
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2. From the nature of the act itself;
3. From the circumstances surrounding the act.
REASON WHY ADHERENCE TO THE ENEMY NEED NOT

BE PROVED BY TWO WITNESSES:
It seems obvious that adherence to the enemy, in

the sense of a disloyal state of mind, cannot be, and is
not required to be, proved by deposition of two
witnesses, because what is designed in the mind of an
accused never is susceptible of proof by direct testimony.
Note:
Confession must be made in open court. The

confession means a confession of guilt. It is not
only an admission of facts by the accused in
giving his testimony after a plea of not guilty,
from which the admission of his guilt can be
inferred.
Extrajudicial confessions or confession made

before the investigators is not sufficient to
convict a person of treason.
AGGRAVATING CIRCUMSTANCES IN TREASON
1. Cruelty
2. Ignominy
APPLICATION OF PENALTY
Article 64 (when there is no mitigating and

aggravating circumstances, the divisible penalty is
imposed in the medium period) is not strictly applied to
treason.
In determining the proper penalty for treason,

the amount or degree of aid or comfort given the enemy
as well as the gravity of the separate and distinct acts of
treason committed by the accused, rather than the
circumstances aggravating or mitigating the offense,
determine the period of the penalty to be imposed.
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Note:
Defense of suspended allegiance and change of
sovereignty are not accepted because:
a. A citizen owes an absolute and

permanent allegiance to his government;
b. The sovereignty of the government is not
transferred to the enemy by mere
occupation;
c. The subsistence of the sovereignty of the
legitimate government in a territory
occupied by the military forces of the
enemy during the war is one of the rules
of International Law;
d. What is suspended is the exercise of the
rights of sovereignty
Defense of duress or uncontrollable fear, lawful

obedience to a de facto government is a good
defense in treason.
ARTICLE 115. CONSPIRACY ELEMENTS CONSPIRACY:
AND PROPOSAL TO COMMIT 1. In time of war

TREASON 2. Two or more persons come to an agreement to
The conspiracy and proposal to a. Levy war against the government

commit the crime of treason shall b. Adhere to the enemies and to give aid or
be punished respectively, by prision comfort
mayor and a fine not exceeding 3. They decide to commit it.
10,000 pesos, and by prision
ELEMENTS PROPOSAL
correccional and a fine not
exceeding 5,000 pesos. 1. In time of war
2. A person who has decided to levy war against
the government or adhere to the enemies and to
give them aid or comfort
3. Proposes its execution to some other person or
persons.
Notes:
As a general rule, conspiracy and proposal to

commit a felony is not punishable (ART.8).
Article 115 is an exception as it specifically
penalizes conspiracy and proposal to commit
treason.
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Mere agreement and decision to commit treason

is punishable for reason that in treason, the very
existence of the state is endangered.
Two-witness rule is not applicable since this is a

crime separate and distinct from treason.
Mere proposal even without acceptance is

punishable, too. If the other accepts, it is already
conspiracy.
If actual acts of treason are committed after the

conspiracy or proposal, the crime committed will
be treason, and the conspiracy or proposal is
considered as a means in the commission
thereof.
ARTICLE 116. MISPRISION OF ELEMENTS:

TREASON
1. That the offender must be owing allegiance to
the government, and not a foreigner;
Every person owing allegiance to
2. That he has knowledge of any conspiracy (to
(the United States or) the
commit treason) against the government;
Government of the Philippine
3. That he conceals or does not disclose and make
Islands, without being a foreigner,
known the same, as soon as possible, to the
and having knowledge of any
governor or fiscal of the province, or the mayor
conspiracy against them, who
or fiscal of the city in which he resides.
conceals or does not disclose and
make known the same, as soon as Notes:
possible, to the governor or fiscal of
the province, or the mayor or fiscal Offender is punished as an accessory to treason
of the city in which he resides, as but a principal in misprision of treason.
the case may be, shall be punished Crime does not apply when the crime of treason
as an accessory to the crime of is already committed by someone and the
treason. accused does not report its commission to the
proper authority.
It is a crime of omission and can be committed
only by the citizens of the Philippines.
Article 20 does not apply since the offender is a
principal in the crime of misprision of treason.
As a general rule, a person who keeps silent as to
what he knows about the perpetration of an
offense is not criminally liable either as a
principal, as an accomplice, or as an accessory.
(Article 19). Article 116 is the exception to the
rule.
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ARTICLE 117. ESPIONAGE TWO WAYS OF COMMITTING ESPIONAGE:
The penalty of prision correccional 1. By entering, without authority therefor, a

shall be inflicted upon any person warship, fort or naval or military establishment
who: or reservation to obtain any information, plans,
1. Without authority therefor, photographs, or other data of confidential nature
enters a warship, fort or relative to the defense of the Philippines.
naval or military
establishment or ELEMENTS:
reservation to obtain any a. That the offender enters any of the places
information, plans, mentioned therein;
photographs, or other data b. That he has no authority therefor;
of confidential nature c. That his purpose is to obtain information,
relative to the defense of plans, photographs, or other data of
the Philippine archipelago; confidential nature relative to the defense of
2. Being in possession, by the Philippines.
reason of the public office
he holds, of the articles, Note: The offender is any person, whether a citizen
data or information or a foreigner, a private individual or a public officer.
referred to in the preceding
paragraph, discloses their 2. By disclosing to the representative of a foreign
contents to a nation the contents of the articles, data or
representative of a foreign information referred to in paragraph 1 of Article
nation. 117, which he had in possession by reason of the
public office he holds.
The penalty next higher in degree
shall be imposed if the offender be ELEMENTS:
a public officer or employee. a. That the offender is a public officer;
b. That he has in his possession the articles,
data or information referred to in
paragraph 1 of Article 117, by reason of
the public office he holds;
c. That he discloses their contents to a
representative of a foreign nation.
Note: The offender is a public officer who has in

his possession the article, information or data by
reason of the public office he holds.
OTHER WAYS OF COMMITTING ESPIONAGE (CA No. 616)
1. Unlawfully obtaining or permitting to be

obtained information affecting national defense.
(Sec. 1)
2. Unlawful disclosing of information affecting
national defense. (Sec. 2)
3. Disloyal acts or words in time of peace. (Sec. 3)
4. Disloyal acts or words in time of war. (Sec. 4)
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6. Harboring or concealing violators of the law.

(Sec. 6)
DISTINCTIONS BETWEEN TREASON AND ESPIONAGE

TREASON ESPIONAGE
Committed in time of war Committed both in time
of peace and war
Committed by levying Committed in many ways
war and adhering to the (Commonwealth Act No.
enemy giving aid or 616)
comfort
SECTION TWO
PROVOKING WAR AND

DISLOYALTY IN CASE OF WAR
ELEMENTS:
ARTICLE 118. INCITING TO
WAR OR GIVING MOTIVES FOR 1. That the offender performs unlawful or
REPRISALS. unauthorized acts;
2. That such act provokes or gives occasion for a
The penalty of reclusion temporal war involving or liable to involve the Philippines
shall be imposed upon any public or expose Filipino citizens to reprisals on their
officer or employee, and that of persons or property.
prision mayor upon any private
individual, who, by unlawful or Note: This crime is committed in time of peace. The
unauthorized acts, provokes or intention of the offender is immaterial because the law
gives occasion for a war involving or considers the effects produced by the acts of the
liable to involve the Philippine accused. Such acts might disturb the friendly relation
Islands or exposes Filipino citizens that we have with a foreign country, and they are
to reprisals on their persons or penalized even if they constitute a mere imprudence.
property.
ELEMENTS:
ARTICLE 119. VIOLATION OF
1. That there is war in which the Philippines is not
NEUTRALITY involved;
2. That there is a regulation issued by competent
The penalty of prision correccional authority for the purpose of enforcing neutrality;
shall be inflicted upon anyone who, 3. That the offender violates such regulation.
on the occasion of a war in which
the Government is not involved, NEUTRALITY
violates any regulation issued by A nation or power which takes no part in a
competent authority for the contest of arms going on between others.
purpose of enforcing neutrality.
ARTICLE 120. CORRESPONDENCE WITH HOSTILE
5. Conspiracy to violate
COUNTRY
preceding sections.(Sec. 5)
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1. That it is in time of war in which the Philippines

Any person, who in time of war, is involved;
shall have correspondence with an 2. That the offender makes correspondence with an
enemy country or territory enemy country or territory occupied by enemy
occupied by enemy troops, shall be troops;
punished: 3. That the correspondence is either
1. By prision correccional, if a. Prohibited by the Government, or

the correspondence has b. Carried on in ciphers or conventional
been prohibited by the signs, or
Government; c. Containing notice or information which
2. By prision mayor, if the might be useful to the enemy.
correspondence be carried
on in ciphers or CORRESPONDENCE
conventional signs; and Communication by means of letters; or it may
3. By reclusion temporal, if refer to the letters which pass between those who have
notice or information be friendly or business relations.
given thereby which might
be useful to the enemy. If Note: Even if the correspondence contains innocent
the offender intended to matters, if the correspondence has been prohibited by
aid the enemy by giving the Government, it is punishable. Prohibition by the
such notice or information, Government is not essential in paragraphs 2 and 3 of
he shall suffer the penalty Article 120.
of reclusion temporal to
death. CIRCUMSTANCES QUALIFYING THE OFFENSE
1. That the notice or information might be useful

to the enemy.
2. That the offender intended to aid the enemy.
Note: If the offender intended to aid the enemy by

giving such notice or information, the crime amounts to
treason; hence, the penalty is the same as that for
treason.
ARTICLE 121. FLIGHT TO

ELEMENTS:
ENEMYS COUNTRY
1. That there is war in which the Philippines is
The penalty of arresto mayor shall
involved;
be inflicted upon any person who,
2. That the offender must be owing allegiance to
owing allegiance to the
the Government;
Government, attempts to flee or go
3. That the offender attempts to flee or go to
to an enemy country when
enemy country;
prohibited by competent authority.
4. That going to enemy country is prohibited by
competent authority.
ELEMENTS:
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An alien resident may be guilty of flight to enemy

country. The allegiance contemplated in this
article is either natural or temporary allegiance.
Mere attempt to flee or go to enemy country
when prohibited by competent authority
consummates the crime.
SECTION THREE
PIRACY AND MUTINY ON THE

HIGH SEAS OR IN PHILIPPINE
WATERS
ARTICLE 122. PIRACY IN

GENERAL AND MUTINY ON THE TWO WAYS OR MODES OF COMMITTING PIRACY:
HIGH SEAS OR IN PHILIPPINE
WATERS 1. By attacking or seizing a vessel on the high seas
or in Philippine waters;
2. By seizing in the vessel while on the high seas or
The penalty of reclusion perpetua
in Philippine waters the whole or part of its
shall be inflicted upon any person
cargo, its equipment or personal belongings of its
who, on the high seas or in
complement or passengers.
Philippine waters, shall attack or
seize a vessel or, not being a
ELEMENTS OF PIRACY:
member of its complement nor a
passenger, shall seize the whole or
1. That a vessel is on the high seas or in Philippine
part of the cargo of said vessel, its
waters;
equipment, or personal belongings
2. That the offender are not members of its
of its complement or passengers.
complements or passengers of the vessel;
3. That the offenders
The same penalty shall be inflicted
a. Attack or seize the vessel, or
in case of mutiny on the high seas
b. Seize the whole or part of the cargo of
or in Philippine waters. (as
said vessel, its equipment or personal
amended by Sec. 3, RA 7659)
belongings of its complement or
passengers.
HIGH SEAS
Any waters on the sea coast which are without
the boundaries of low-water mark, although such waters
may be in the jurisdictional limits of a foreign
government.
The Convention on the Law of the Sea defines it

as parts of the seas that are not included in the exclusive
economic zone, in the territorial seas, or in the internal
Notes:
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It is robbery or forcible depredation on the high

seas, without lawful authority and done with animo
furandi (intention to steal) and in the spirit and intention
of universal hostility.
MUTINY
The unlawful resistance to a superior officer, or
the raising of commotions and disturbances on board a
ship against the authority of its commander.
DISTINCTIONS BETWEEN PIRACY AND MUTINY
Note: Piracy and Mutiny is considered as Terrorism

when it creates a condition of widespread and
extraordinary fear and panic among the populace in
PIRACY MUTINY
The persons who attack a Committed by the
vessel or seize its cargo members of the crew or
are strangers to said passengers
vessel
Intent to gain is essentialThe offenders may only
in the crime of piracy intend to ignore the
ships officers or they
may be prompted by a
desire to commit
plunder
order to coerce the government to give in to an unlawful
demand.
Notes:
ARTICLE 122. QUALIFIED
PIRACY Qualified piracy is a special complex crime
punishable by reclusion perpetua to death,
The penalty of reclusion perpetua regardless of the number of victims.
to death shall be imposed upon
those who commit any of the
crimes referred to in the preceding
article, under any of the following
circumstances:
waters of a state, or in the

archipelagic waters of an 1. Whenever they have seized a vessel by boarding
archipelagic state. or firing upon the same;
2. Whenever the pirates have abandoned their
PIRACY victims without means of saving themselves; or
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3. Whenever the crime is

accompanied by murder,
homicide, physical injuries,
or rape.
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE

STATE
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6. Search warrants maliciously obtained and abuse

in the service of those legally obtained
7. Searching domicile without witnesses
8. Prohibition, interruption and dissolution of
peaceful meetings
9. Interruption of religious worship
SECTION ONE 10. Offending the religious feelings
ARBITRARY DETENTION AND

EXPULSION
CLASSES OF ARBITRARY
DETENTION:
1. Arbitrary Detention by
detaining a person without
legal ground
2. Delay in the delivery of
detained persons to the
proper judicial authorities
3. Delaying release
1. Arbitrary Detention
2. Delay in the delivery of
detained persons to the
ARTICLE 124. ARBITRARY DETENTION
proper judicial authorities
3. Delaying release
4. Expulsion Any public officer or employee who, without legal
5. Violation of domicile grounds, detains a person, shall suffer:
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1. The penalty of arresto DETENTION

mayor in its maximum The actual confinement of a person in an
period to prision enclosure, or in any manner detaining and depriving him
correccional in its minimum of his liberty.
period, if the detention has
not exceeded three day; DETENTION WITHOUT LEGAL GROUNDS:
2. The penalty of prision
correccional in its medium 1. When a person has not committed any crime or,
and maximum periods, if at least there is no reasonable ground for
the detention has suspicion that he has committed a crime;
continued more than three 2. When a person is not suffering from violent
but not more than fifteen insanity or any other ailment requiring
days; compulsory confinement in a hospital.
3. The penalty of prision
mayor, if the detention has LEGAL GROUNDS FOR DETENTION OF ANY PERSON:
continued for more than
fifteen days but not more 1. The commission of a crime;
than six months; and 2. Violent insanity or other ailment requiring
4. That of reclusion temporal, compulsory confinement of the patient in a
if the detention shall have hospital.
exceeded six months.
VALID ARREST WARRANT
The commission of a crime, or
violent insanity or any other 1. In flagrante delicto
ailment requiring the compulsory When, in his presence, the person to be
confinement of the patient in a arrested has committed, is actually
hospital, shall be considered legal committing, or is attempting to commit
grounds for the detention of any an offense;
person. When an offense has in fact just been
committed, and he has probable cause
to believe based on personal knowledge
of facts and circumstances that the
person to be arrested has committed it;
2. Hot pursuit
3. Escaping prisoners
When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is
serving final judgment or temporarily
confined while his case is pending, or has
ELEMENTS: escaped while being transferred from
one confinement to another.
1. That the offender is a public
officer or employee;
2. That he detains a person;
3. That the detention is
without legal grounds.
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object sought in connection with the offense are in the

place sought to be searched.
The legality of the detention of a person does

not depend upon the actual commission of a
crime by him, but upon the nature of his deed
when its characterization as a crime may
reasonably be inferred by the officer to whom
the law at the moment leaves the decision for
the urgent purpose of suspending the liberty of
that person. (US vs Sanchez, 27 Phil 422)
PERIODS OF DETENTION PENALIZED

1. If the detention has not exceeded three days
2. If the detention has continued more than three
days but not more than fifteen days
3. If the detention has continued more than 15 days
but not more than six months
4. if the detention has exceeded six months
ARTICLE 125. DELAY IN THE
DELIVERY OF DETAINED
ELEMENTS:
PERSONS TO THE PROPER
1. That the offender is a public officer or employee.
JUDICIAL AUTHORITIES 2. That he has detained a person for some legal
ground.
The penalties provided in the next 3. That he fails to deliver such person to the proper
preceding article shall be imposed judicial authorities within:
upon the public officer or employee 12 hours, for crimes or offenses
who shall detain any person for punishable by light penalties, or their
some legal ground and shall fail to equivalent;
deliver such person to the proper 18 hours, for crimes or offenses
judicial authorities within the punishable by correctional penalties, or
period of: twelve (12) hours, for their equivalent;
crimes or offenses punishable by 36 hours, for crimes or offenses
light penalties, or their equivalent; punishable by afflictive or capital
eighteen (18) hours, for crimes or penalties, or their equivalent.
offenses punishable by correctional
penalties, or their equivalent; and Note:
thirty six (36) hours, for crimes or If the offender is a private person, the crime is
offenses punishable by afflictive or illegal detention.
capital penalties, or their Article 125 does not apply when the arrest is by
equivalent.
virtue of a warrant of arrest.
PROBABLE CAUSE
Such facts and
In every case, the person detained shall be informed of
circumstances which could lead a
the cause of his detention and shall be allowed, upon his
reasonable discreet and prudent
request, to communicate and confer at any time with his
man to believe that an offense has
attorney or counsel.
been committed and that the
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Detained person should be released when a

judge is not available, if the maximum hours for
detention has already expired.
Violation of Article 125 does not affect legality of
confinement under process issued by a court.
Fiscal is not liable, unless he ordered detention
within the period of 6 hours as prescribed by law
Time for delivery of detained persons prescribed
in Article 125 does not apply to suspected
terrorists who are detained under RA No. 9372
Under RA 9372, a judge must be notified before
a suspected terrorist is detained
CIRCUMSTANCES CONSIDERED IN DETERMINING

LIABILITY OF OFFICER DETAINING A PERSON BEYOND
LEGAL PERIOD
1. The means of communication
2. the hour of arrest
3. other circumstances such as the time of
surrender and the material possibility for the
fiscal to make the investigation and file in time
the necessary information
RIGHTS OF THE PERSON DETAINED

1. He shall be informed of the cause of his
detention
2. He shall be allowed, upon his request, to
communicate and confer at anytime with his
attorney or counsel
REASON FOR THE PROVISIONS OF ARTICLE 125

To prevent any abuse resulting from confining a
person without informing him of his offense and without
permitting him to go on bail.
Duty of detaining officer is

deemed complied with
upon the filing of the
complaint with the judicial
authority
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124) AND DELAY IN THE DELIVERY OF DETAINED

PERSONS (ARTICLE 125)
ARTICLE 124 ARBITRARY ARTICLE 125 DELAY IN

DETENTION THE DELIVERY OF
DETAINED PERSONS
The detention is illegal The detention is legal in

from the beginning the beginning but the
illegality of the detention
starts from the expiration
of any of the periods
specified in Article 125
ARTICLE 126. DELAYING

RELEASE
ACTS PUNISHABLE:
The penalties provided for in Article 1. By delaying performance of a judicial or
124 shall be imposed upon any executive order for the release of a person
public officer or employee who 2. By unduly delaying the service of the notice of
delays for the period of time such order to said prisoner
specified therein the performance 3. By unduly delaying the proceedings upon any
of any judicial or executive order for petition for the liberation of such person
the release of a prisoner or
detention prisoner, or unduly delays ELEMENTS:
the service of the notice of such 1. That the offender is a public officer or employee
order to said prisoner or the 2. That there is a judicial or executive order for the
proceedings upon any petition for release of a prisoner or detention prisoner, or
the liberation of such person. that there is a proceeding upon a petition for the
liberation of such person
3. That the offender without good reason delays:
the service of the notice of such order to
the prisoner; or
the performance of such judicial or
executive order for the release of the
prisoner; or
the proceedings upon a petition for the
release of such person
Note:
Wardens and jailers are the public officers most

likely to violate Article 126
DISTINCTIONS BETWEEN
ARBITRARY DETENTION (ARTICLE
ARTICLE 127. EXPULSION
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1. By expelling a person from the Philippines

The penalty of prision correccional 2. By compelling a person to change his residence
shall be imposed upon any public
officer or employee who, not being ELEMENTS:
thereunto authorized by law, shall 1. That the offender is a public officer or employee
expel any person from the 2. That he expels any person from the Philippines,
Philippine Islands or shall compel or compels a person to change his residence
such person to change his 3. That the offender is not authorized to do so by
residence. law
Note:
Only the court by final judgment can order a
person to change his residence.
Illustrated in ejectment proceedings,
expropriation proceedings and in the penalty of
destierro
SECTION TWO
VIOLATION OF DOMICILE
CRIMES KNOWN AS VIOLATION OF

DOMICILE
1. Violation of domicile by
entering a dwelling against
the will of the owner
thereof or making search
without previous consent of
the owner
2. Search warrants maliciously
obtained and abuse in the
service of those legally
obtained
3. Searching the domicile
without witnesses
ARTICLE 128. VIOLATION OF ACTS PUNISHABLE:

DOMICILE 1. By entering any dwelling against the will of the
owner thereof;
The penalty of prision 2. By searching papers or other effects found
correccional in its minimum therein without the previous consent of such
period shall be imposed upon owner;
any public officer or employee 3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after
who, not being authorized
having been required to leave the same.
ACTS PUNISHABLE:
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by judicial order, shall enter any ELEMENTS:

dwelling against the will of the 1. That the offender is a public officer or employee.
owner thereof, search papers or 2. That he is not authorized by judicial order to
other effects found therein without enter the dwelling and/or to make a search
the previous consent of such owner, therein for papers or other effects.
or, having surreptitiously entered
said dwelling and being required to Note:
leave the premises, shall refuse to If the offender who enters the dwelling against
do so. the will of the owner is a private individual, the
crime committed is trespass to dwelling.
If the offense be committed in the A peace officer without search warrant cannot
nighttime, or if any papers or lawfully enter the dwelling against the will of the
effects not constituting evidence of owner, even if he knew that someone in the
a crime be not returned dwelling is having unlawfull possession of opium
immediately after the search made
by the offender, the penalty shall be CIRCUMSTANCES QUALIFYING THE OFFENSE:
prision correccional in its medium 1. If the offense is committed at nighttime.
and maximum periods. 2. If any papers or effects not constituting evidence
of a crime are not returned immediately after
the search made by the offender.
ARTICLE 129.
SEARCH ACTS PUNISHABLE:
WARRANTS MALICIOUSLY 1. By procuring a search warrant without just cause.
OBTAINED, AND ABUSE IN THE 2. By exceeding his authority or by using
SERVICE OF THOSE LEGALLY unnecessary severity in executing a search
warrant legally procured.
OBTAINED
ELEMENTS OF PROCURING SEARCH WARRANT
In addition to the liability WITHOUT JUST CAUSE:
attaching to the offender for the 1. That the offender is a public officer or employee
commission of any other 2. That he procures a search warrant
offense, the penalty of arresto 3. That there is no just cause
mayor in its maximum period to
prision correccional in its SEARCH WARRANT
minimum period and a fine not An order in writing issued in the name of the
exceeding 1,000 pesos shall be People of the Philippines, signed by a judge and directed
imposed upon any public officer to a peace officer, command hin to search for personal
property described therein and bring it before the court.
or employee who shall procure a
search warrant without just PERSONAL PROPERTY TO BE SEIZED
cause, or, having legally procured 1. Subject of the offense
the same, shall exceed his 2. Stolen or embezzled and other proceeds or fruits
authority or use unnecessary of the offense
severity in executing the same. 3. Used or intended to be used as the means of
committing an offense
20
A search warrant shall be valid for ten days from

its date; thereafter, it shall be void.
Search and seixure without warrant as an
incident to a lawful arrest is legal.
Search and seizure of vessels without a search
warrant is legal.
ELEMENTS OF EXCEEDING AUTHORITY OR USING

UNNECESSARY SEVERITY IN EXECUTING A SEARCH
WARRANT LEGALLY OBTAINED:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or uses
unnecessary severity in executing the same
ARTICLE 130.
SEARCHING ELEMENTS:
DOMICILE WITHOUT WITNESSES 1. That the offender is a public officer or employee.
2. That he is armed with search warrant legally
The penalty of arresto mayor in its procured.
medium and maximum periods, 3. That he searches the domicile, papers or other
shall be imposed upon a public belongings of any person.
officer or employee who, in cases 4. That the owner, or any member of his family, or
where a search is proper, shall two witnesses residing in the same locality are
search the domicile, papers, or not present.
other belongings of any person, in
the absence of the latter, any Note:
member of his family, or in their Article 130 does not apply to searches of vehicles
default, without the presence of or other means of transportation, because the
two witnesses residing in the same searches are not made in the dwelling.
locality. Search without warrant under the Tariff and
Customs Code does not include a dwelling
house.
Note:
SECTION THREE
21
PROHIBITION, INTERRUPTION,
AND DISSOLUTION OF
PEACEFUL MEETINGS
ACTS PUNISHABLE:
ARTICLE 131. PROHIBITION, 1. By prohibiting of by interrupting, without legal
INTERRUPTION, AND ground, the holding of a peaceful meeting, or
DISSOLUTION OF PEACEFUL shall dissolve the same.
MEETINGS 2. By hindering any person from joining any lawful
association or from attending any of its meetings.
3. By prohibiting or hindering any person from
The penalty of prision correccional
addressing, either alone or together with others,
in its minimum period shall be
any petition to the authorities for the correction
imposed upon any public officer or
of abuses or redress of grievances.
employee who, without legal
ground, shall prohibit or interrupt
the holding of a peaceful meeting,
ELEMENTS:
or shall dissolve the same.
1. That the offender is a public officer or employee.
2. That he performs any of the acts mentioned
The same penalty shall be imposed
above.
upon any public officer or employee
who shall hinder any person from
Note:
joining any lawful association or
A private individual cannot commit this crime
from attending any of its meetings.
To commit the crime defined in the first
paragraph of Article 131, the public officer must
The same penalty shall be imposed
act without legal ground.
upon any public officer or employee
To constitute a violation of the first paragraph of
who shall prohibit or hinder any
person from addressing, either Article 131:
alone or together with others, any the meeting must be peaceful; and
petition to the authorities for the there is no legal ground for prohibiting, or
correction of abuses or redress of interrupting or dissolving that meeting.
grievances. Right to a peaceful meeting is not absolute., for it
may be regulated in order that it may not be
injurious to the equal enjoyment of others
having equal rights, nor injurious to the right of
the community or society.
There is no legal ground to prohibit the holding
of a meeting when the danger apprehended is
not imminent and the evil to be prevented is not
a serious one.
The offender must be a stranger, not a
participant, in the peaceful meeting.
Interrupting and dissolving the meeting of a
municipal council by a public officer is a crime
22
SECTION FOUR
CRIMES AGAINST RELIGIOUS

WORSHIP
1. Interruption of religious
worship
2. Offending the religious
feelings
ARTICLE 132. INTERRUPTION

OF RELIGIOUS WORSHIP
ELEMENTS:
The penalty of prision correccional 1. That the offender is a public officer or employee.
in its minimum period shall be 2. That religious ceremonies or manifestation of
imposed upon any public officer or any religion are about to take place or are going
employee who shall prevent or on.
disturb the ceremonies or 3. That the offender prevents or disturbs the same.
manifestations of any religion.
CIRCUMSTANCES QUALIFYING THE OFFENSE
If the crime shall have been 1. If the crime is committed with violence
committed with violence or threats, 2. If the crime committed with threats
the penalty shall be prision
correccional in its medium and
maximum periods.
ARTICLE 133. OFFENDING THE

RELIGIOUS FEELINGS
ELEMENTS:
1. That the acts complained of were performed (1)
The penalty of arresto mayor in its
in a place devoted to religious worship, or (2)
maximum period to prision
during the celebration of any religious ceremony.
correccional in its minimum period
2. That the acts must be notoriously offensive to
shall be imposed upon anyone who,
the feelings of the faithful.
in a place devoted to religious
worship or during the celebration of
any religious ceremony, shall
perform acts notoriously offensive TITLE THREE
to the feelings of the faithful.
CRIMES AGAINST PUBLIC ORDER
against a legislative body, not

punished under Article 131.
CHAPTER ONE
REBELLION, COUP D'ETAT, SEDITION, AND DISLOYALTY
23
ARTICLE 134. REBELLION OR

INSURRECTION ELEMENTS:
1. That there be (a) public uprising, and (b) taking
arms against the Government
The crime of rebellion or
2. That the purpose of the uprising or movement is
insurrection is committed by rising
either ----publicly and taking arms against the
Government for the purpose of removing from
1. Rebellion or Insurrection
the allegiance to said Government for the
2. Coup d'etat
purpose of removing from the allegiance to said
3. Conspiracy and proposal to
Government or its laws, the territory of the
commit coup d'etat,
Republic of the Philippines or any part thereof, or
rebellion or insurrection
any body of land, naval, or other armed forces,
4. Disloyalty of public officers
or depriving the Chief Executive or the
or employees
Legislature, wholly or partially, any of their
5. Inciting to rebellion
powers or prerogatives.
6. Sedition
7. Conspiracy to commit
To remove from the allegiance to said
sedition
8. Inciting to sedition Government or its laws:
9. Acts tending to prevent the 1. the territory of the Philippines or any
meeting of Congress and part thereof; or
similar bodies 2. any body of land, naval or other armed
10. Disturbance of proceedings forces; or
of Congress or similar to deprive the Chief Executive or the Legislature,
bodies wholly or partially, any of their powers or
11. Violation of parliamentary prerogatives.
immunity
12. Illegal Assemblies REBELLION
13. Illegal Associations To overthrow and supersede the existing
14. Direct Assaults government.
15. Indirect Assaults
16. Disobedience to summons INSURRECTION
issued by Congress, its A movement which seeks merely to effect some
committees, etc., by the change of minor importance, or to prevent the exercise
Note: of governmental authority with respect to particular
There must be deliberate matters or subjects.
intent to hurt the feelings constitutional commissions, its committees, etc.
of the faithful 17. Resistance and disobedience to a person in
authority or the agents
18. Tumults and other disturbances of public order
19. Unlawful use of means of publication and
unlawful utterances
20. Alarms and scandals
21. Delivering prisoners from jails
22. Evasion of service of sentence
23. Evasion on occasion of disorders
24. Violation of conditional pardon
24
25. Commission of another Rising publicly and taking arms against the
crime during service of Government is the normative element of the
penalty imposed for offense, while the intent or purpose to
another previous offense. overthrow the Government is the subjective
element.
Giving aid and comfort is not criminal in rebellion
The Indeterminate Sentence Law is not
applicable.
DISTINCTIONS BETWEEN REBELLION AND TREASON
REBELLION TREASON
The levying of war against the The levying of war against the
Government during peace Government and adherence,
time for any purposes to the enemy giving him aid
mentioned in Article 134. and comfort.
Involves taking up arms Committed by mere

against the Government. adherence to the enemy
giving him aid and comfort.
NATURE OF THE CRIME REBELLION

It is a crime of masses, of a
multitude. It is a vast movement of
men and women and a complex net
of intrigues and plots.
It evokes, not merely a

challenge to the constituted
authorities, but also civil war on a
bigger or lesser scale.
The Revised Penal Code

expressly declares that there must
be a public uprising and the taking
up of arms.
Notes:
Purpose of the uprising

must be shown. ARTICLE 134-A. COUP D'ETAT
25
1. That the offender is a person or persons

The crime of coup d'etat is a swift belonging to the military or police or holding any
attack, accompanied by violence, public office or employment.
intimidation, threat, strategy or 2. That it is committed by means of a swift attack,
stealth, directed against duly accompanied by violence, intimidation, threat,
constituted authorities of the strategy or stealth.
Republic of the Philippines, or any 3. That the attack is directed against duly
military camp or installation, constituted authorities of the Republic of the
communications networks, public Philippines, or any military camp or installation,
utilities or other facilities needed communications networks, public utilities or
for the exercise and continued other facilities needed for the exercise and
possession of power, singly or continued possession of power.
simultaneously carried out 4. That the purpose of the attack is to seize or
anywhere in the Philippines by any diminish state power.
person or persons, belonging to the
military or police or holding any
public office or employment, with
or without civilian supoort or
participation, for the purpose of
seizing or diminishing state power.
DISTINCTION BETWEEN REBELLION

AND SUBVERSION ARTICLE 135. PENALTY FOR REBELLION,
INSURRECTION OR COUP D'ETAT
REBELLION SUBVERSION
Any person who promotes, maintains, or heads a
Crime against public order Crime againstrebellion or insurrection shall suffer the penalty of
national
security reclusion perpetua.
There must be public uprising Being officers Any

and person
rankingmerely participating or executing commands
to overthrow the members of of others in a rebellion or insurrection shall suffer the
subversive
government. groups constitutepenalty of reclusion temporal.
subversion.
Any person who leads or in any manner directs or

commands others to undertake a coup d'etat shall suffer
the penalty of reclusion perpetua.
ELEMENTS:
26
Any person in the government Any person in the government service

service who participates, or who participates, or executes directions
executes directions or commands of or commands of others in undertaking
others in undertaking a coup d'etat coup d'etat;
shall suffer the penalty of reclusion Any person not in the government
temporal in its maximum period. service who participates, supports,
finances, abets, or aids in undertaking a
Any person not in the government coup d'etat
service who participates, or in any
manner supports, finances, abets or
aids in undertakinga coup d'etat Notes:
shall suffer the penalty of prision There is no complex crime of rebellion with
mayor in its maximum period. murder and other common crimes
Acts committed in furtherance of rebellion are
absorbed in rebellion
When the rebellion, insurrection or Killings, robbing, etc. for private purposes or
coup d'etat shall be under the profit, without any political motivation, would be
command of unknown leaders, any separately punished and would not be absorbed
person who in fact directed the in the rebellion
others, spoke for them, signed
receipts and other documents POLITICAL CRIMES
issued in their name, or performed Those that are directly aimed against the political
similar acts, on behalf of the rebels, order, as well as such common crimes as may be
shall be deemed a leader of such committed to achieve a political purpose. The decisive
rebellion, insurrection or coup factor is the intent or motive.
d'etat.
WHO ARE LIABLE FOR REBELLION,

INSURRECTION AND/OR COUP
D'ETAT?
1. The leaders
Any person who
promote, maintains
or heads a rebellion
or insurrection, or
Any person who ARTICLE 136. CONSPIRACY AND PROPOSAL TO
leads, directs, or COMMIT COUP D'ETAT, REBELLION OR
command others to
INSURRECTION
undertake a coup
d'etat
2. The participants The conspiracy and proposal to commit coup d'eta shall
Any person who be punished by prision mayor in its minimum period
participates, or and a fine which shall not exceed eight thousand pesos
executes the (P8,000.00).
commands of
others in rebellion, The conspiracy and proposal to commit rebellion or
or insurrection; insurrection shall be punished respectively, by prision
correccional in its maximum period and a fine which
27
shall not exceed five thousand Merely agreeing and deciding to rise publicly and
pesos (P5,000.00),and by prision take arms against the Government for the
correccional in its medium period purposes of rebellion or merely proposing the
and a fine not exceeding two commission of said acts is already subject to
thousand pesos (P2,000.00). punishment
No conspiracy when there is no agreement and

ARTICLE 137. DISLOYALTY OF no decision to commit rebellion
PUBLIC OFFICERS OR
EMPLOYEES

ACTS OF DISLOYALTY WHICH ARE PUNISHED:
in its minimum period shall be
imposed upon public officers or
1. By failing to resist a rebellion by all the means in
employees who have failed to resist
their power; or
a rebellion by all the means in their
2. By continuing to discharge the duties of their
power, or shall continue to
offices under the control of the rebels; or
discharge the duties of their offices
3. By accepting appointment to office under them.
under the control of the rebels or
shall accept appointment to office
Notes:
under them.
The offender must be a public officer or
employee
The crime of disloyalty of public officers
presupposes the existence of rebellion by other
persons
The offender must not be in conspiracy with the
rebels
CONSPIRACY TO COMMIT
REBELLION
When two or more persons
come to an agreement to rise
publicly and take arms against the
Government for any of the
purposes of rebellion and decide to ARTICLE 138. INCITING TO REBELLION OR
commit it. INSURRECTION
PROPOSAL TO COMMIT REBELLION The penalty of prision mayor in its minimum

When the person who has period shall be imposed upon any person who,
decided to rise publicly and take
without taking arms or being in open hostility
arms against the Government for
against the Government, shall incite others to the
any of the purposes of rebellion
proposes its execution to some execution of any of the acts specified in Article 134
other person or persons. of this Code, by means of speeches, proclamations,
writings, emblems, banners or other
Notes: representations tending to the same end.
28
DISTINCTIONS BETWEEN INCITING TO REBELLION

AND PROPOSAL TO COMMIT REBELLION
INCITING TO REBELLION PROPOSAL TO COMMIT

REBELLION
The offender induces another to commit rebellion
The crime of rebellion should not be actually committed

by the persons to whom it is propsed or who are incited
It is not required that the The person who proposes

offender has decided to has decided to commit
commit rebelliion rebellion
The act of inciting is done The person who proposes

publicly the execution of the crime
uses secret means
ELEMENTS:
1. That the offender does
not take arms or is not in
open hostility against the ARTICLE 139. SEDITION
Government;
2. That he incites others to The crime of sedition is committed by persons who rise
the execution of any of publicly and tumultuously in order to attain by force,
the acts of rebellion; intimidation, or by other means outside of legal
3. That the inciting is done methods, any of the following objects:
by means of speeches,
proclamations, writings, 1. To prevent the promulgation or execution of any
emblems, banners or law or the holding of any popular election;
other repreentations 2. To prevent the National Government, or any
tending to the same end. provincial or municipal government, or any
public officer thereof from freely exercising its or
his functions, or prevent the execution of any
administrative order;
29
3. To inflict any act of hate or government, or any public officer thereof

revenge upon the person or from freely exercising its or his functions,
property of any public or prevent the execution of any
officer or employee; administrative order;
4. To commit, for any political To inflict any act of hate or revenge upon
or social end, any act of the person or property of any public
hate or revenge against officer or employee;
private persons or any To commit, for any political or social end,
social class; and any act of hate or revenge against private
5. To despoil, for any political persons or any social class; and
or social end, any person, To despoil, for any political or social end,
municipality or province, or any person, municipality or province, or
the National Government the National Government (or the
(or the Government of the Government of the United States) of all
United States) of all its its property or any part thereof.
property or any part
thereof. NATURE OF THE CRIME
Sedition is the raising of commotions or
disturbances in the State.
The ultimate object of sedition is a violation od

the public peace or at least such a course of measures as
evidently engenders it.
ELEMENTS:
1. That the offenders rise
publicly and tumultuously;
2. That they employ force,
intimidation, or other
means outside of legal
methods;
3. That the offenders employ
any of those means to
attain any of the following ARTICLE 140. PENALTY FOR SEDITION
objects:
To prevent the
The leader of a sedition shall suffer the penalty of prision
promulgation or
mayor in its minimum period and a fine not exceeding
execution of any
10,000 pesos.
law or the holding
of any popular
Other persons participating therein shall suffer the
election;
penalty of prision correccional in its maximum period
To prevent the
and a fine not exceeding 5,000 pesos.
National
Government, or
any provincial or
municipal
30
Raising of commotions or Violation by a subject of his

disturbances in the State allegiance to his sovereign or
liege, lord, or to the supreme
authority of the State
Notes:
Sedition shall be deemed to be tumultuous if caused by
more than three persons
who are armed or provided with means of

violence
Public uprising and an object of sedition must
concur
No public uprising no sedition
No object of sedition no sedition
Common crimes are not absorbed in sedition;
they are treated as separate crimes.
PERSONS LIABLE FOR SEDITION

1. The leader of the sedition
2. Other persons participating in the sedition
DISTINCTIONS BETWEEN
REBELLION AND SEDITION
REBELLION ARTICLE 141. CONSPIRACY TO COMMIT SEDITION
SEDITION
There must be public uprising Persons conspiring to commit the crime of sedition shall
be punished by prision correccional in its medium
period
There must be taking up of It is sufficient that and a fine not exceeding 2,000 pesos.
the public
arms against the Government uprising is tumultuous
ARTICLE 142. INCITING TO SEDITION
The purpose of the offenders The purpose of the offenders
is always political The
may be political or penalty of prision correccional in its maximum
social
period and a fine not exceeding 2,000 pesos shall be
imposed upon any person who, without taking any direct
DISTINCTIONS BETWEEN SEDITION part in the crimeof sedition, should incite others to the
AND TREASONS accomplishment of any of the acts which constitute
SEDITION sedition, by means of speeches, proclamations, writings,
TREASON
31
emblems, cartoons, banners, or cartoons, banners, or other representations

other representations tending to tending to the same end;
the same end, or upon any person 2. Uttering seditious words which tend to disturb
or persons who shall utter seditious the public peace;
words or speeches, write, publish, 3. Writing, publishing, or circulating scurrilous
or circulate scurrilous libels against libels against the Government or any of the duly
the Government (of the United constituted authorities thereof, which tend to
States or the Government of the disturb the public peace.
Commonwealth) of the Philippines,
or any of the duly constituted ELEMENTS - INCITING TO SEDITION TO ACCOMPLISH
authorities thereof, or which tend ANY OF ITS OBJECTS:
to disturb or obstruct any lawful 1. That the offender does not take direct part in the
officer in executing the functions of crime of sedition
his office, or which tend to instigate 2. That he incites others to the accomplishment of
others to cabal and meet together any of the acts which constitute sedition
for unlawful purposes, or which 3. That the inciting is done by means of speeches,
suggest or incite rebellious proclamations, writings, emblems, cartoons,
conspiracies or riots, or which lead banners, or other representations tending to the
or tend to stir up the people against same end
the lawful authorities or to disturb
the peace of the community, the SCURRILOUS low, vulgar, mean or foul
safety and order of the
Government, or who shall UTTERING SEDITIOUS WORDS OR SPEECHES AND
knowingly conceal such evil WRITING, PUBLISHING OR CIRCULATING SCURRILOUS
practices. LIBELS ARE PUNISHABLE, WHEN ------
Notes: 1. They tend to disturb or obstruct any lawful

There must be an officer in executing the functionsof his office; or
agreement and a decision 2. They tend to instigate others to cabal and meet
to rise publicly and together for unlawful purposes; or
tumultuously to attain any 3. They suggest or incite rebellious conspiracies or
of the objects of sedition riots; or
Article 141 punishes only 4. They lead or tend to stir up the people against
conspiracy to commit the lawful authorities to disturb the peace of the
sedition. Hence, proposal
to commit sedition is not
punishable
DIFFERENT ACTS OF INCITING TO

SEDITION
1. Inciting others to the
accomplishment of any of
the acts which constitute
sedition, by means of
speeches, proclamations,
writings, emblems,
32
It is required that there must be reasonable

ground to believe that the danger apprehended is
imminent and that the evil to be prevented is a serious
one. There must be the probability of serious injury to
the State.
Present refers to the time element. It used to be

identified with imminent and immediate danger. The
danger must not only be probable but very likely
inevitable.
2. THE DANGEROUS TENDENCY RULE
There is inciting to sedition when the words

uttered or published could easily produce disaffection
among the people and a state of feeling in them
incompatible with a disposition to remain loyal to the
Government and obedient to the laws.
community, the safety and

order of the Government.
TWO RULES RELATIVE TO

SEDITIOUS WORDS
CHAPTER TWO
1. THE CLEAR AND PRESENT
DANGER RULE CRIMES AGAINST POPULAR REPRESENTATION
The words must be of such SECTION ONE

a nature that by uttering them
there is a danger of a public CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR
uprising and that such danger BODIES
should be both clear and imminent.
33
ARTICLE 143. ACTS TENDING ELEMENTS:

TO PREVENT THE MEETING OF 1. That there be a projected or actual meeting of
THE ASSEMBLY AND SIMILAR the National Assembly or any of its committees
or subcommittees, constitutional committees or
BODIES
divisions thereof, or of any provincial board or
city or municipal council or board.
The penalty of prision correccional 2. That the offender who may be any person
or a fine ranging from 200 to 2,000 prevents such meeting by force or fraud.
pesos, or both, shall be imposed
upon any person who, by force or Notes:
fraud, prevents the meeting of the The chief of police and mayor who prevented the
National Assembly (Congress of the
meeting of the municipal council are under Art.
Philippines) or any of its
committees or sub-committees, 143, when the defect of the courts while in the
constitutional commissions or prosecution of criminal cases, may be held liable
committees or divisions thereof, or for violation of the said decree.
of any provincial board or city or Meeting is not manifest and requires an
municipal council or board. investigation before its existence can be
determined.
Under P.D. 1829, any person who disturbs the
proceedings in the fiscals office, in Tanodbayan,
or in
ARTICLE 144. DISTURBANCE OF ELEMENTS:

PROCEEDINGS 1. That there be a meeting of the National
Assembly or any of its committees or sub-
The penalty of arresto mayor or a committees, constitutional commissions or
fine from 200 to 1,000 pesos shall committees or divisions thereof, or of any
be imposed upon any person who
provincial board or city or municipal council or
disturbs the meetings of the
National Assembly (Congress of the board.
Philippines) or any of its 2. That the offender does any of the following acts:
committees or sub-committees, He disturbs any of such meetings of any
constitutional commissions or provincial board or city or municipal
committees or divisions thereof, or council or board, or in the presence of
any such bodies should behave in such
1. Acts tending to prevent the meeting of the

National Assembly and similar bodies
2. Disturbances of proceedings
3. Violation on parliamentary immunity
SECTION TWO
34
VIOLATION OF PARLIAMENTARY proceedings or to impair the respect due

IMMUNITY it
Notes:
ARTICLE 145. VIOLATION OF Disturbance created by a participant in the
PARLIAMENTARY IMMUNITY meeting is not covered by Art. 144.
Complaint must be filed by a member of
The penalty of prision mayor shall legislative body.
be imposed upon any person who The same act may be made the basis for
shall use force, intimidation, contempt since it is coercive in nature while the
threats, fraud to prevent any crime under this article is punitive.
member of the National Assembly
(Congress of the Philippines) from
attending the meetings of the ACTS PUNISHABLE
Assembly (Congress) or any of its 1. By using force, intimidation, threats, fraud to
committees or subcommittees, prevent any member of the National Assembly
constitutional commissions or from (1) attending the meetings of the Assembly
committees or divisions thereof, or any of its committees or subcommittees,
from expressing his opinions or constitutional commissions or committees or
casting his vote; and the penalty of divisions thereof, or from (2) expressing his
prision correccional shall be opinions, or (3) casting his vote.
imposed upon any public officer or
employee who shall, while the ELEMENTS:
Assembly (Congress) is in regular or 1. That the offender uses force, intimidation,
special session, arrest or search any threats or fraud;
member thereof, except in case 2. That the purpose of the offender is to prevent
such member has committed a any member of the National Assembly from ----
crime punishable under this Code attending the meetings of the Assembly
by a penalty higher than prision or any of its committees or
mayor. subcommittees, constitutional
commissions or committees or divisions
thereof; or
expressing his opinions; or
casting his vote.
manner as to
interrupt its Note: The offender is any person.
proceedings or to
2. By arresting or searching any member thereof
impair the respect
while the National Assembly is in regular or
due it.
special session, except in case such member has
committed a crime punishable under this Code
He behaves while in
the presence of any
such bodies in such
a manner as to CHAPTER THREE
interrupt its
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
35
ARTICLE 146. ILLEGAL

ASSEMBLIES ELEMENTS:
1. That the offender is a public officer or employee;
2. That he arrests or searches any member of the
National Assembly;
in its maximum period to prision
3. That the Assembly, at the time of arrest or
mayor in its medium period shall
search, is in regular or special session;
be imposed upon the organizers or
4. That the member arrested or searched has not
leaders of any meeting attended by
committed a crime punishable under the Code
armed persons for this Code, or of
by a penalty higher than prision mayor.
any meeting in which the audience
is incited to the commission of the
SESSION - refers to the entire period from its initial
crime of treason, rebellion or
convening until its final adjournment
insurrection, sedition or assault
upon a person in authority or his
Notes:
agents. Persons merely present
Parliamentary immunity does not protect
by a penalty higher than prision
mayor. members of Congress from responsibility before
the legislative body itself.
The 1987 Constitution exempts members of
Congress from arrest while Congress is in session
for all offenses punishable by a penalty less than
prision mayor.
It is not necessary that the member is actually
prevented from exercising any of his functions. It
is sufficient that Congress is in session.
WHAT ARE ILLEGAL ASSEMBLIES?
1. Any meeting attended by armed persons for the

purpose of committing any of the crimes
punishable under the Code.
REQUISITES:
1. That there is a meeting, a gathering or group of
persons, whether in a fixed place or moving;
2. That the meeting is attended by armed persons;
3. That the purpose of the meeting is to commit
any of the crimes punishable under the Code.
at such meeting shall suffer the penalty of arresto

mayor, unless they are armed, in which case the penalty
shall be prision correccional.
If any person present at the meeting carries an

unlicensed firearm, it shall be presumed that the
purpose of said meeting, insofar as he is concerned, is to
commit acts punishable under this Code, and he shall be
36
considered a leader or organizer of 1. That there is a meeting, a gathering or group of

the meeting within the purview of persons, whether in a fixed place or moving;
the preceding paragraph. 2. That the audience, whether armed or not, is
incited to the commission of the crime of
As used in this article, the word treason, rebellion or insurrection, sedition or
meeting shall be understood to direct assault.
include a gathering or group,
whether in a fixed place or moving. Note:
It is necessary that the audience is actually
incited.
The word arm in this article is not limited to
firearm. However, if the person present carries
an unlicensed firearm, the presumption, insofar
as he is concerned, is that the purpose of the
meeting is to commit acts punishable under this
Code, and that he is the leader or organizer of
the meeting.
Absence of such intent may exempt the person
present from criminal liability.
In the first form of illegal assembly, armed men
attend the gathering with the purpose of
committing any of the crimes punishable under
RPC. The presence of armed men during the
gathering brings about the crime of illegal
assembly. Not all persons at the meeting of the
first form of illegal assembly need to be armed. If
none of the persons present in the meeting are
armed, there is no crime. E.g. Persons unarmed
conspiring in a meeting to commit qualified theft
is not punishable.
In the second form of illegal assembly, armed
men may or may not attend the meeting but
persons in the meeting are incited to commit
treason, rebellion or insurrection, sedition or
assault upon a person in authority. When the
illegal purpose of the gathering is to incite
2. Any meeting in which the people to commit the crimes mentioned above,
audience, whether armed the presence of armed men is unnecessary. The
or not, is incited to the mere gathering for the purpose is sufficient to
commission of the crime of bring about the crime already. A person invited
treason, rebellion or to give speech in an illegal assembly or meeting
insurrection, sedition, or
assault upon a person in
authority or his agents.
REQUISITES:
37
punishable by the RPC. Without gathering, there

is no illegal assembly.
If the unlawful purpose is a crime under a special
law, there is no illegal assembly. The crime
committed would be illegal association.
The word meeting includes a gathering or
group which is moving.
PERSONS LIABLE FOR ILLEGAL ASSEMBLY

1. The organizers or leaders of the meeting
2. Persons merely present at the meeting
RESPONSIBILITY OF PERSONS MERELY PRESENT AT THE

MEETING
1. If they are not armed, the penalty is arresto
mayor.
2. If they carry arms, like bolos or knives, or
licensed firearms, the penalty is prision
correccional
IF ANY PERSON PRESENT AT THE MEETING CARRIES AN

UNLICENSED FIREARM:
1. It is presumed that the purpose of the meeting
insofar as he is concerned, is to commit acts
punishable under the Code; and
ARTICLE 147. ILLEGAL 2. He is considered a leader or organizer of the
meeting
ASSOCIATIONS
The penalty of prision correccional WHAT ARE ILLEGAL ASSOCIATIONS?

in its minimum and medium 1. Associations totally or partially organized for the
periods and a fine not exceeding purpose of committing any of the crimes
punishable under the Code.
1,000 pesos shall be imposed upon
2. Associations totally or partially organized for
the founders, directors, and some purpose contrary to public morals.
presidents of associations totally or
partially organized for the purpose PERSONS LIABLE FOR ILLEGAL ASSOCIATIONS
of committing any of the crimes 1. Founders, directors and president of the
punishable under this Code or for association.
2. Mere members of the association.
some purpose contrary to public
and incites the members of such
assembly is guilty of inciting to
sedition only and not punishable
under illegal assembly. morals. Mere members of said associations shall suffer
The gravamen of illegal the penalty of arresto mayor.
assembly is mere assembly
of or gathering of people
for illegal purpose
38
DISTINCTIONS BETWEEN ILLEGAL ASSEMBLY AND

ILLEGAL ASSOCIATION
ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION
The basis of liability is the The basis is the formation of

gathering for an illegal or organization of an
purpose which constitutes a association to engage in an
crime under the RPC. unlawful purpose which is not
limited to a violation of the
RPC.
Necessary that there is an Not necessary that there be
actual meeting or assembly. an actual meeting.
Meeting and the attendance Act of forming or organizing
at such meeting are the acts and membership in the
punished. association are the acts
punished.
CHAPTER FOUR
ASSAULT UPON, AND RESISTANCE

AND DISOBEDIENCE TO, PERSONS
IN AUTHORITY AND THEIR AGENTS
ARTICLE 148. DIRECT ASSAULTS
Any person or persons who, TWO WAYS OF COMMITTING DIRECT ASSAULT

without a public uprising, shall 1. Without public uprising, by employing force or
employ force or intimidation for the intimidation for the attainment of any of the
attainment of any of the purposes purposes enumerated in defining the crimes of
enumerated in defining the crimes rebellion and sedition.
of rebellion and sedition, or shall
attack, employ force, or seriously ELEMENTS:
intimidate or resist any person in 1. That the offender employs force or intimidation
authority or any of his agents, while 2. That the aim of the offender is to attain any of
engaged in the performance of the purposes of the crime of rebellion or any
official duties, or on occasion of objects in the crime of sedition.
such performance shall suffer the 3. That there is no public uprising.
penalty of prision correccional in
its medium and maximum periods
PUBLIC MORALS
Matters which affect the
interest of society and public and a fine not exceeding 1,000 pesos, when the assault
inconvenience and are not limited is committed with a weapon or when the offender lays
to good customs. It refers to acts hands upon a person in authority. If none of these
that are in accordance with natural circumstances be present, the penalty of prision
and positive laws. correccional in its minimum period and a fine not
39
exceeding 500 pesos shall be the performance of official duties, or on the

imposed. occasion of such performance.
ELEMENTS:
1. That the offender (a) makes an attck, (b) employs
force, ( c) makes a serious intimidation, or (d)
makes a serious resistance.
2. That the person assaulted is a person in
authority or his agent.
3. That at the time of the assault the person in
authority or his agent (a) is engaged in the actual
performance of official duties, or that he is
assaulted, (b) by reason of the past performance
of official duties.
4. That the offender knows that the one he is
assaulting is a person or his agent in the exercise
of his duties.
5. That there is no public uprising.
2. Without public uprising, by

attacking, by employing
force, or by seriously
intimidating or seriously
resisting any person in
authority or any of his
agents, while engaged in

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Criminal Law - Book II Crimes and Penalties

TITLE ONE CRIMES AGAINST NATIONAL SECURITY

CRIMES AGAINST NATIONAL 1. Treason

1. Inciting to war or giving motives for reprisals

ARTICLE 114. TREASON

Any Filipino citizen who levies war ELEMENTS OF TREASON:

The obligation of fidelity and obedience which

PERMANENT ALLEGIANCE consist in the

TEMPORARY ALLEGIANCE - the obligation of

TWO WAYS OR MODES OF COMMITTING TREASON:

Intent to overthrow the government, not merely

1. That there be an actual assembling of men;

ADHERENCE TO THE ENEMY

Intent to betray when a citizen intellectually or

An act which strengthens or tends to strengthen

An act which weakens and tend to weaken the

The aid or comfort must be given to the enemy

When killings and other common crimes are

WAYS OF PROVING TREASON:

1. Testimony of two witness, at least, to the same

2. Confession of the accused in open court.

THE TWO-WITNESS RULE

The testimony of two witnesses is required to

OVERT ACT that physical activity that deed that

ADHERENCE MAY BE PROVED:

2. From the nature of the act itself;

3. From the circumstances surrounding the act.

REASON WHY ADHERENCE TO THE ENEMY NEED NOT

It seems obvious that adherence to the enemy, in

Confession must be made in open court. The

Extrajudicial confessions or confession made

AGGRAVATING CIRCUMSTANCES IN TREASON

Article 64 (when there is no mitigating and

In determining the proper penalty for treason,

a. A citizen owes an absolute and

Defense of duress or uncontrollable fear, lawful

ARTICLE 115. CONSPIRACY ELEMENTS CONSPIRACY:

AND PROPOSAL TO COMMIT 1. In time of war

The conspiracy and proposal to a. Levy war against the government

As a general rule, conspiracy and proposal to

Mere agreement and decision to commit treason

Two-witness rule is not applicable since this is a

Mere proposal even without acceptance is

If actual acts of treason are committed after the

ARTICLE 116. MISPRISION OF ELEMENTS:

ARTICLE 117. ESPIONAGE TWO WAYS OF COMMITTING ESPIONAGE:

The penalty of prision correccional 1. By entering, without authority therefor, a

Note: The offender is a public officer who has in

OTHER WAYS OF COMMITTING ESPIONAGE (CA No. 616)

1. Unlawfully obtaining or permitting to be

6. Harboring or concealing violators of the law.

DISTINCTIONS BETWEEN TREASON AND ESPIONAGE

PROVOKING WAR AND

1. That it is in time of war in which the Philippines

1. By prision correccional, if a. Prohibited by the Government, or

1. That the notice or information might be useful

Note: If the offender intended to aid the enemy by

ARTICLE 121. FLIGHT TO

An alien resident may be guilty of flight to enemy

PIRACY AND MUTINY ON THE

ARTICLE 122. PIRACY IN

The Convention on the Law of the Sea defines it

It is robbery or forcible depredation on the high

DISTINCTIONS BETWEEN PIRACY AND MUTINY