Articles Elements
required
REVISED PENAL
CODE:
Article 114 - 1) That the offender is a
TREASON Filipino Citizen or an alien
residing in the Philippines
2) That there is a war in which
the Philippines is involved
3) That the offender either:
a) Levies a war against
the Government
b) Adheres to the
enemies, giving them
aid or comfort
Article 115 – Conspiracy to commit
Conspiracy and treason:
Proposal to 1) There is war in which the
commit Treason Philippines is involved;
2) At least two(2) persons
come to an
Agreement to:
a) Levies war against
the government or
b) Adheres to her
enemies, giving them
in aid or comfort.
3) They decide to commit it
Proposal to commit treason:
1)There is war in which the
Philippines
Is involved;
2) At least one person decides
to:
a) Levies war against
the government or
b) Adheres to her
enemies, giving them
in aid or comfort.
3) He proposes its execution
to some other persons.
Article 116 – 1) That the offender must be
MISPRISION OF owing allegiance to the
TREASON Government and not a
foreigner
2) That he has knowledge of
any conspiracy (to commit
treason) against the
government
3) That he conceals or does
not disclose and make known
the same, as soon as possible,
to the governor or fiscal of the
Pieces of Evidence Landmark case
 Ways to prove Treason:
o Testimony of
two witnesses,
at least to the
same overt act
o Confession of
the accused in
open court
 Adherence may be
proved:
o By one witness
o From the nature
of the act itself
o From the
circumstances
surrounding the
act
 The two-witness rule
does not apply to this
crime, because this is a
separate and distinct
offense from that of
treason.
 Mere conspiracy and
mere proposal to
commit treason is
punishable because in
treason, the very
existence of the State is
endangered.
 Art 116 does not apply
when the crime of
treason is already
committed by someone
and the accused does
not report its
commission to the
proper authority.
 Art 116 is an exception
to the rule that mere
silence does not make
 province or the mayor or fiscal a person criminally
of the city, in which he resides. liable.
 Misprision of Treason is
a separate and distinct
offense from the crime
of treason.

Article 117 – 1) By entering, without  Espionage – is the

ESPIONAGE authority therefore, a warship,
fort, or naval or military
establishment or reservation to
obtain any information, plans,
photographs or other data of a
confidential nature relative to
the defense of the Philippines.
a) That the offender
enters any of the places
mentioned therein.
b) That he has no
authority therefor.
 It is not necessary that
c) That his purpose is to
obtain information,
plans, photographs or
other data of a to obtain any of them
confidential nature
relative to the defense
of the Philippines.
offense of gathering,
transmitting or losing
information respecting
the national defense
with intent or reason to
believe that the
information I to be used
to the injury of the
Republic of the
Philippines or to the
advantage of any
foreign nation
the information be
obtained. It is sufficient
the he has the purpose
when he entered a
warship, fort or naval or
military establishment.

2) By disclosing to the
representative of a foreign
nation the contents of the
articles, data or information
referred to in par. 1 of Art 17,
which he had in his possession
by reason of the public office he
holds.
a) That the offender is a
public officer
b) That he has in his
possession the articles,
data or info referred to
in par. 1 of Art 17, by
reason of the public
office he holds.
c) That he discloses
their contents to a
representative of a
foreign nation.

Article 118 – 1) That the offender perform  The intention of the

INCITING TO WAR unlawful or unauthorized acts offender is immaterial
OR GIVING 2) That such acts provoke or
MOTIVES FOR
give occasion for a war
REPRISALS
involving or liable to involve the
Philippines or expose Filipino
 citizens to reprisals on their
person or property.
Article 119 – 1) That there is a war in which
VIOLATION OF the Philippines is not involved
NEUTRALITY 2) That there is a regulation
issued by competent authority
for the purpose of enforcing
neutrality
3) That the offender violates
such regulation
Article 120 – 1) That it is in time of war in
CORRESPONDEN which the Philippines is
CE WITH HOSTILE involved
COUNTRY 2) That the offender makes
correspondence with an
enemy country territory
3) That the correspondence is
either:
a) Prohibited by the
government
b) Carried on in ciphers
or conventional signs
c) Containing notice or
information which
might be useful to the
enemy
Article 121 – 1) That there is a war in which
FLIGHT TO the Philippines is involved
ENEMY’S 2) That the offender must be
COUNTRY owing allegiance to the
government
3) That the offender attempts
to free or go to enemy country
4) That going to enemy
country is prohibited by
competent authority
ARTICLE 122 – Piracy:  High Seas – part of the
PIRACY IN 1) The vessel is on high seas
GENERAL AND or Philippine waters
MUTINY ON THE 2) Offenders are neither
HIGH SEAS OR IN member of its complement nor
PHILIPPINE passengers of the vessel
WATERS 3) Offenders either:
a) Attack or seize a
vessel on the high seas 
or in Philippine water
b) Seize in the vessel
while on the high seas
or in Philippine waters
 There must be a
regulation issued by the
competent authority for
the enforcement of
neutrality.
 Correspondence –
communication by
means of letter; or it
may refer to the letters
which pas between
those who have friendly
or business relations
 Even if correspondence
contains innocent
matters, if it is
prohibited by the
government, it is
punishable.
 Must concur together:
o That the notice
or information
might be useful
to the enemy
o That the
offender
intended to aid
the enemy.
 Mere attempt to flee/ go
to enemy country
consummates the crime
 Article 121 must be
implemented by the
government.
 An alien resident in the
county can be held
liable under this article
because allegiance may
be permanent or
temporary.
seas that are not
included in the EEZ, in
the territorial seas or in
the internal waters of a
state, or in the
archipelagic water of an
archipelagic state.
In Piracy, intent to gain
is required while in
Mutiny, it is not
required.
 the whole or part of the
cargo of said vessel, its
equipment, or personal
belongings of its
complement or
passengers
 The offenders in piracy
are strangers to said
vessel while in Mutiny,
they are members or
passengers.

Mutiny:
1) The vessel is on high seas
or Philippine waters
2) Offenders re members of its
complement or passengers of
the vessel
3) Offenders either:
a) Attack or seize a
vessel on the high seas
or in Philippine waters
b) Seize in the vessel
while on the high seas
or in Philippine waters
the whole or part of the
cargo of the sail vessel,
its equipment or
personal belongings of
its complement or
passengers

Article 123 – Qualified Piracy Piracy or Mutiny is,

QUALIFIED 1) The vessel is on the high therefore qualified if any of
PIRACY seas or Philippine waters; the following circumstances
2) Offenders may or may not are present:
be members of its complement  Whenever the
or passengers of the vessels; offenders have
3) Offender either: seized the vessel by
a) Attack or seize the boarding or firing
vessels; or upon the same
b) Seize the whole or  Whenever the
part of the cargo, Its pirates have
equipment, or in abandoned their
personal belongings of victims without
the crew or means of saving
passengers. themselves.
4) The preceding were  Whenever the crime
committed under any of the is accompanied by
following circumstances: murder, homicide,
a) Whenever they have physical injuries or
seized a vessel by rape.
boarding or firing upon  The number of
the same; persons killed on
b) Whenever the the occasion of the
pirates have piracy is not
abandoned their material.
victims without means  Any person who
of saving themselves; aids or protects
or prates or abets the
c) Whenever the crime commission of
is accompanied by piracy shall be
murder, homicide, considered as an
physical injuries, or accomplice.
rape.

Qualified Mutiny
 1) The vessel is on high seas
or Philippine waters;
2) Offenders are members of
its complement or passengers
of the vessel;
3) Offenders either:
a) Attack or seize a
vessel on the high seas
or in Philippine waters;
b) Seize in the vessel
while on the high seas
or in Philippine waters
the whole or part of the
cargo of said vessel, its
equipment or personal
belongings of its
complement or
passengers.
4) The preceding were
committed under any of the
following circumstances:
a) Whenever the
offenders have
abandoned their
victims without means
of saving themselves;
or
b) Whenever the crime
is accompanied by
murder, homicide,
physical injuries, or
rape.

Article 124 – 1) Offender is a public officer  Public officers, to be

ARBITRARY or employee who have been
DETENTION vested with authority to effect
arrest and detain a person or
at least t cause the detention
of a person
2) Offender detains a person
3) The detention is without
legal grounds
liable, must be vested
with authority.
 If the crime is
perpetuated by other
public officers/ private
individuals, the crime
committed may be
Illegal Detention,
because they are acting
in their private capacity.
 Private individuals who
conspired with public
officers in detaining
certain policemen are
guilty of arbitrary
detention.
 A peace officer must
have a warrant of arrest
properly issued by the
court in order to justify
an arrest. Otherwise,
constitutes arbitrary
detention.

Article 125 – 1) That the offender is a public
DELAY IN THE officer or employee
DELIVERY OF 2) That he has detained a
DETAINED person for some legal ground
PERSONS TO THE 3) That he fails to deliver such
PROPER JUDICIAL person to the proper judicial
AUTHORITIES authorities within:
a) 12 hours, for crimes
or offenses punishable
by light penalties or
their equivalent
b) 18 hours, for crimes
or offenses punishable
by correctional
penalties, or their
equivalent
c) 36 hours, for crimes
or offenses punishable
by afflictive or capital
penalties, or their
equivalent.
 When a warrantless
arrest is valid, a crime
must in fact or actually
have been committed
first.
 It is sufficient that the
agent in authority
making the arrest has
reasonably sufficient
grounds to believe the
existence of an act
having the
characteristics of a
crime and that the same
grounds exist for him to
believe that the person
sought to be detained
participated therein.
 No reasonable ground if
officer only wants to
know the commission of
crime.
 Article 125 applies
when the arrest is made
without a warrant of
arrest
 If there is valid warrant
of arrest, the person
arrested can be
detained indefinitely
until his case is decided
by the court or he posts
a bail for his temporary
release.
 Circumstances
considered in
determining liability of
officer detaining a
person beyond legal
period:
o The means of
communication
o Hour of arrest
o Other
circumstances
such as the time
or surrender and
the material
possibility for the
fiscal to make
the investigation
and file in time
 the necessary
information.
 Duty of detaining officer
s deemed complied with
upon the filing of the
complaint with the
judicial authority.
 The detaining officer is
liable under the same
art, even if an
information was filed,
because a violation had
already been committed
before the information
was filed.

Article 126 – 1) That the offender is a public  Wardens and peace

DELAYING officer or employee officer temporarily in
RELEASE 2) That there is a judicial or charge of the custody of
executive order for the release prisoners or detained
of a prisoner or detention persons are public
prisoner, or that there is a officers most likely to
proceeding upon a petition for violate Art 126.
the liberation of such person.
3) That the offender without
good reason delays:
a) the service of the
notice of such order to
the prisoner
b) the performance of
such judicial or
executive order for the
release of the prisoner
c) the proceedings
upon a petition for the
release of such person

Article 127 – Punishable acts:  Only a final judgement

EXPULSION a) By expelling a person from can order a person to
the Philippines change his residence
b) By compelling a person to through:
change his residence o Ejectment
Proceedings
Elements: o Expropriation
a) That the offender is a public Proceedings
officer or employee o Penalty of
b) That he expels any person Destierro
from the Philippines, or
compels a person to change
his residence
c) That the offender is not
authorized to so by law.
Article 128 – Acts punishable:
VIOLATORS OF 1) By entering any dwelling
DOMICILE against the will of the owner
thereof:
2) By searching papers or
other effects found therein
without the previous consent
of such owner
3) By refusing to leave the
premises, after having
surreptitiously entered said
dwelling and after having been
required to leave the same.
Elements:
1) That the offender is a public
officer or employee
2) That he is not authorized by
judicial order to enter the
dwelling and/ or to make a
search therein for papers or
other effects
Article 129 – Acts punishable:
SEARCH 1) By procuring a search
WARRANTS warrant without just cause
MALICIOUSLY 2) By exceeding his authority
OBTAINED AND or by using unnecessary
ABUSE IN THE severity in executing a search
SERVICE OF warrant legally procedure
THOSE LEGALLY
OBTAINED Elements of par. 1:
a) That there offender is a
public officer or employee
b) That he procures a search
warrant
c) That there is no just cause
Elements of par. 2
a) That the offender is a public
officer or employee
b) That he as legally procured 
a search warrant
c) That he exceeds his
authority or uses unnecessary
severity in executing the same.
 A public officer or
employee is authorized
by judicial order when
he is armed with a
search warrant duly
issued by the court.
 An officer, in order to
make a valid arrest,
make break into any
building enclosure
where the person to be
arrested is or is
reasonably believed to
be, if he refused
admittance thereto,
after announcing his
authority and purpose.
 What constitutes the
crime is the REFUSAL
of the offender to
LEAVE THE
PREMISES when
required to do so, not
the entrance into the
dwelling.
 A search warrant shall
not issue except upon
probable cause in
connection with one
specific offense to be
determined personally
by the judge after
examination under oath
or affirmation of the
complainant and the
witnesses he may
produce, and
particularly describing
the place to be
searched and the things
to be seized which may
be anywhere in the
Philippines.
When it appears on the
face of the affidavits
filed in support of the
application therefor, or
through other evidence,
hat the applicant had
every reason to believe
that the search warrant
sought for was
unjustified.

Article 130 – 1) That the offender is a public
SEARCHING officer or employee
DOMICILE 2) That he has legally
WITHOUT procured a search warrant
WITNESSES 3) That he searches the
domicile, papers or other
belongings of any person
4) That the owner, or any
member of his family, or two
witnesses residing in the same
locality are not present.
Article 131 - Acts punishable:
1) By prohibiting or by
interrupting, without legal
ground, the holding of a
peaceful meeting, or by
dissolving the same
2) By hindering any person
from joining any lawful
association or from attending
any of its meetings
3) By prohibiting or hindering
any person from addressing,
either alone or together with
others, any petition to the
authorities for the correction of
 Whether the affidavit
filed in support of the
application for search
warrant has been drawn
in such a manner that
PERJURY could be
charged thereon and
affidavit be held liable
for damages cause.
 A lawful arrest may be
made without warrant in
certain cases and in
any of those cases a
search may lawfully be
made to find and seize
things connected with
the crime as its fruits or
as the means by which
it was committed.
 Search and seizure of
vessels without a
search warrant is legal.
 “Search” – means to go
over or look through for
the purpose of finding
something; to examine
 The things searched
must be the DOMICILE,
PAPERS or OTHER
BELONGINGS (must be
in the dwelling)
 Art 130 does not apply
to searches of vehicle
or other means of
transportation, because
the searches are not
made in the dwelling.
 abuses or redress or
grievances.
Elements:
1) That the offender is a public
officer or employee
2) That he performs any of the
acts mentioned above
Article 132 – 1) That the offender is a public
INTERRUPTION OF officer or employee
RELIGIOUS 2) That religious ceremonies
WORSHIP or manifestations or any
religion are about to take place
or are going on
3) That the offender prevents
or disturbs the same
Article 133 – 1) That the acts complained of 
DEFENDING THE were performed
RELIGIOUS a) In a place devoted to
FEELINGS religious worship
b) During the
celebration of any
religious faithful
2) That the acts must be
notoriously offensive to the
feelings of the faithful
Article 134 – 1) That there be
REBELLION OR a) Public uprising
INSURRECTION b)Taking arms against
the government
2) That the purpose of the
uprising or movement is either
 If the crime is
committed with violence
or threats
 Persons who meet for
the purpose of religious
worship, by any method
which is not indecent
and unlawful, have a
right to do so without
being molested or
disturbed.
Religious ceremony –
are those religious acts
performed outside of a
church, such as
processions and special
prayers for burying
dead persons.
 The acts must be
directed against
religious practice or
ritual for the purpose of
ridicule, as mocking or
scoffing at or attempting
to damage an object of
religious veneration.
 There must be a
deliberate intent to hurt
the feelings of the
faithful
 Offense to feelings is
judge from
complainant’s point of
view.
 Actual clash of arms
with the forces of the
government, not
necessary to convict the
accused who is in
conspiracy with others
actually taking arms
against the government.
 a) to remove from the  It is not necessary that
allegiance to said the purpose of the
government or its laws: rebellion be
(1) the territory accomplished.
of the  The crime is complete
Philippines or from the very moment a
any part group of rebels rise
thereof; publicly and take arms
(2) any body of against the government,
land, naval or for the purpose of
other armed overthrowing the same
forces by force.
b) to deprive the Chief  Unlike in the crime of
of Executive or treason, the act of
Congress, wholly or giving comfort or moral
partially, of any of their aid is not criminal in the
powers or prerogatives case of rebellion or
insurrection, where the
RPC expressly declares
that there must be a
public uprising and the
taking up of arms.

Article 134-A – 1) That the offender is a  The crime may be

COUP D’ ETAT person or persons belonging committed with or
to the military or police or without civilian
holding any public office or participation.
employment.
2) That it is committed by
means of a swift attack
accompanied by violence,
intimidation, threat, strategy or
stealth.
3) That the attack is directed
against duly constituted
authorities of the Republic of
the Philippines, or any military
camp or installation,
communication networks,
public utilities or other facilities
needed for the exercise and
continued possession of
power.
4) That the purpose of the
attack it to seize or diminish
state power.
Article 135 – Who are liable:  Public officer must take
PENALTY FOR 1) The Leaders (RP) active part, to be liable;
REBELLION, a) Any person who: mere silence or
INSURRCTION OR (1) promotes omission is not
COUP D’ETAT (2) maintains punishable in rebellion.
(3) heads a  When the rebellion,
rebellion/ insurrection or coup d’
insurrection etat shall be under the
 b) Any person who command of
(1) leads UNKNOWN LEADERS,
(2) directs any person who in fact
(3) commands directed the others,
others to spoke for them, signed
undertake a receipts and other
coup d’ etat documents issued in
their name, or
2) The Participants performed similar acts,
(PM, in its maximum period) on behalf of the rebels,
a) Any person who: shall be deemed a leadr
(1) participates of such rebellion,
(2) executes the insurrection or coup
commands of d’etat.
others in  Membership in a rebel
rebellion/ org does not
insurrection or automatically qualify
coup d’ etat. criminal acts as
absorbed in rebellion.
(RT, in its maximum period) Criminal acts were
b) Any person in the committed in
service of the furtherance of rebellion.
government who  No complex crime of
(1) participates rebellion with other
(2) executes the common crimes.
commands of  “Common Crimes”,
others in perpetrated in
rebellion/ furtherance of a political
insurrection or offense, are divested of
coup d’ etat. their character as
“common offenses” and
(PM, in its maximum period) assume the political
c) Any person not in complexion of the main
the government service crime of which they are
who mere ingredient.
(1) participates
(2) support
(3) finances
(4) abets
(5) aids in
undertaking a
coup d’etat.

Article 136 – Conspiracy to commit  No conspiracy when

CONSPIRACY AND Rebellion (PM, in its minimum there is no agreement
PROPOSAL TO period and a fine which shall and no decision to
COMMIT COUP not exceed P8000) – when commit rebellion.
D’ETAT, two or more persons come to
REBELLION OR an agreement to rise publicly
INSURRECTION and take arms against the
government for any of the
purposes of rebellion AND
DECIDE TO COMMIT IT.
 Proposal to commit
Rebellion (PC, in its max.
period and a fine which shall
not exceed P5,000) – when
the person WHO HAS
DECIDED to rise publicly and
take arms against the
government for any of the
purposes of rebellion
PROPOSES ITS EXECUTION
to some other person or
persons.
Proposal to commit
Insurrection (PC, in its med
period and a fine not
exceeding P2000)
Article 137 – 1) By failing to resists a
DISLOYALTY OF rebellion by all the means in
PUBLIC OFFICERS their power
OR EMPLOYEES 2) By continuing to discharge
the duties of their offices under
the control of the rebels
3) By accepting appointment
to office under them.
Article 138 – 1) That the offender does not
INCITING TO take arms or is not in open
REBELLION OR hostility against the
INSURRECTION government
2) that he incites other to the
execution of any of the acts of
rebellion
3) That the inciting is done by
means of speeches,
proclamations, writing,
emblems, banners or other
representations tending to the
same end.
Article 139- 1) that the offenders rise
SEDITION a) publicly
b) tumultuously
2) That they employ force,
intimidation, or other means
outside of legal methods
 The crime of disloyalty o
public officers
presupposes the
existence of rebellion by
other persons
 Such persons should
not be in conspiracy
with the rebels,
otherwise, he will be
guilt of rebellion (the act
of one is the act of all)
 Offender includes
another to commit
rebellion
 It is not required that th
offender has decided to
commit rebellion
 The act of inciting is
done publicly
 Rebellion should not be
committed – a principal
by inducement in the
crime of rebellion.
 PENALTY: PM, in its
minimum period.
 The ultimate object of
sedition is the violation
of the public peace or at
least such a course of
measures as evidently
engenders it.
 What distinguishes
Sedition from Rebellion
 3) that the offenders employ is not the extent of the
any of those means to attain territory covered by the
any of the following objects: uprising but rather the
a) To prevent the object at which the
promulgation or uprising aims.
execution of any law or  Public uprising and an
the holding of any object of sedition must
popular election concur together.
b) To prevent the  Common crimes are not
National Government, absorbed in sedition
or any provincial or  The purpose of sedition
municipal government, is always political
or any public officer
thereof from freely
exercising its or his
functions, or prevent
the execution of any
administrative order.
c) To inflict any act of
hate/ revenge upon the
person or property of
any public officer or
employee.
d) To commit, for any
political or social end,
any person,
municipality or
province, or the
National Government
of all its property or any
part thereof.
e) To despoil, for any
political or social end,
any person,
municipality or
province, or the
National Government
of all its property or any
part thereof.

Article 140 – 1) Leader – PM, in its

PENALTY FOR minimum period and a fine not
SEDITION exceeding P10, 000.

2) Other persons participating

– PC, in its max. period and a
fine not exceeding P5,000.

Article 141 –  There must be an

CONSPIRACY TO agreement and a
COMMIT SEDITION decision to rise publicly
and tumultuously to
attain any of the objects
of sedition
  There is no proposal to
commit sedition
 PENALTY: PC, in its
med period and a fine
not exceeding P2,000.

Article 142 – Acts punishable:

INCITING TO 1) Inciting others to the
SEDITION accomplishment or any of the
acts which constitute sedition
by means of speeches,
proclamations, writings,
emblems, etc.
2) Utterly seditious words or
speeches which tend to disturb
the public peace
3) Writing, publishing or
circulating scurrilous libels
against the government or any
of the duly constituted
authorities thereof, which tend
to disturb the public peace.

Elements:
1) That the offender does not
take direct part in the crime of
sedition
2) That he incites others to the
accomplishment of any of the
acts which constitutes sedition.
3) That the inciting is done by
means of speeches,
proclamation, writings,
emblems, cartoons, banners
or other representations
tending to the same end.

Article 143 – ACTS 1) That there be a projected PENALTY: PC or a fine

TENDING TO meeting of the National ranging from P200 – P2000
PREVENT THE Assembly or any of its or both
MEETING OF THE committees or subcommittees,
ASSEMBLY AND constitutional committees or
SIMILAR BODIES divisions thereof, or of any
provincial board or city or
municipal council or board.
2) That the offender who may
be any person prevents such
meeting by force or fraud.

Article 144 – 1) That there be a meeting of

DISTURBANCE OF the National Assembly or any
PROCEEDINGS of its committees or
subcommittees, constitutional
commission or committees or
 divisions thereof, or of any
provincial board or city or
municipal council or board.
2) That the offender does any
of the following acts:
a) He disturbs any of
such meetings
b) He behave in the
presence of any bodies
in such a manner as to
interrupt its
proceedings or to
impair the respect due
to it.
Article 145 – Acts punishable:
VIOLATION OF 1) By using force, intimidation,
PARLIAMENTARY threats or frauds to prevent
IMMUNITY any member of the National
Assembly from
a) attending the
meetings of the
Assembly or of any of
its committees of
subcommittees,
constitutional
commission or
committees or divisions
thereof,
b) from expressing his
opinions
c) casting his votes

Elements:
A) that the offender uses force,
intimidation, threats or frauds
B) that the purpose of the
offender is to prevent any
member of the National
Assembly from
(1) attending the
meetings of the
Assembly or of any of
its committees or
constitutional
commissions, etc.
(2) expressing his
opinions
(3) casting his votes

2) By arresting or securing any

member thereof while the
National Assembly is in regular
or special session, except in
case such member has
 committed a crime punishable
under the code by a penalty
higher than prision mayor.
Elements:
(1) that the offender is
a public office or
employee
(2) that he arrests or
searches any member
of the National
Assembly
(3) That the Assembly,
at the time of arrest or
search, is in regular/
special session.
(4) That the member
arrested or searched
has not committed a
crime punishable under
the code by a penalty
higher than prision
mayor.

Article 146 – 1) Any meeting attended by

ILLEGAL armed persons for the purpose
ASSEMBLIES of committing any of the
crimes punishable under the
code.
a) That there is a
meeting, a gathering or
group of persons,
whether in a fixed
place or moving
b) That the meeting is
attended by armed
forces
c) That the purpose of
the meeting is to
commit any of the
crimes punishable
under the code

2) Any meeting in which the

audience, whether armed or
not, is incited to the
commission of the crime of
treason, rebellion or
insurrection, sedition or
assault upon a person in
authority or his agents.
a) When there is a
meeting, a gathering or
group of persons,
 whether in a fixed
place or moving
b) That the audience
whether armed or not,
is incited to the
commission of the
crime of treason,
rebellion, sedition or
direct assault.
Article 147 – 1) Associations totally or
ILLEGAL partially organized for the
ASSOCIATIONS purpose of committing any of
the crimes punishable under
the code.
2) Associations totally or
partially organized for some
purpose contrary to public
morals.
Article 148 – Two ways of committing
DIRECT ASSAULT Direct Assault:
A) Without public uprising, by
employing force or intimidation
for the attainment of any of the
purposes enumerated in
defining the crimes of
Rebellion and Sedition.
B) 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 the
performance of official duties ,
or on the occasion of such
performances.
First Form of Direct Assault:
1) That the offender employs
force or intimidation
2) That the aim of the offender
is to attain any of the purposes
of the crime of rebellion or any
of the objects in the crime of
sedition
 Persons liable:
(a) Founders,
directors and
president of the
association
(b) Mere members of
the association
 PENALTY:
a) For F, D, A – PC,
in its min period and
med periods and a
fine not exceeding
P1,000
b) For mere
members – AM
 If the offended party is
only AN AGENT OF A
PERSON IN
AUTHORITY, the force
employed must be of a
serious character as to
indicate determination
to defy the law and its
representative at all
hazards.
 The force employed
need not be serious
when the offended party
is a PERSON IN
AUTHORITY.
 The intimidation or
resistance must be
serious whether the
offended party is an
AGENT ONLY OR HE
IS A PERSON IN
AUTHORITY.
 The resistance must be
active
 The intimidation must
produce its effect
immediately, for if the
threats be of some
 3) That there is no public
uprising
Second Form of Direct
Assault:
1) That the offender
a) makes an attack
b) employs force
c) makes a serious
intimidation
d) makes a 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 in authority or his
agent in the exercise of his
duties.
5) That there is no public
uprising.
DIRECT ASSAULT IS
QUALIFIED WHEN:
1) When the assault is
committed with a weapon
2)When the offender is a
public officer or employee
3) When the offender lays
hands upon a person in
authority
Article 149 – 1) That a person in authority or
INDIRECT his agent is the victim of any of
ASSAULT the forms of direct assault
defined in article 148.
2) That a person comes to the
aid of such authority or his
agent.
3) That the offender makes
use of his force or intimidation
upon person coming to the aid
of the authority or his agent.
future evil, the act
would not be an
assault.
 When the persons in
authority or their agents
descended to matter
which are private in
nature, an attack made
by one against the other
is not direct assault.
 When a person in
authority or his agent is
the one who provokes
and attacks another
person, the latter is
entitled to defend
himself and cannot be
held liable for assault or
resistance nor for
physical injuries,
because he acts in
legitimate defense.
 There can be no assault
upon or disobedience to
one authority by
another when they both
contend in the exercise
of their respective
duties.
 Knowledge of the
accused that the victim
is a person in authority
or his agent, essential.
 Offender must have the
intention to defy the
authorities.
 Indirect assault can be
committed only when a
direct assault is also
committed
 The offended party in
indirect assault may be
private person
Article 150 – Acts punishable:
DISOBEDIENCE 1) By refusing, without legal
TO SUMMONS excuse, to obey summons of
ISSUED BY THE the National Assembly, its
NATIONAL special or standing committees
ASSEMBLY, ITS and subcommittees, the
COMMITTEES OR Constitutional commissions
SUBCOMMITTEES, and its committees,
OR DIVISIONS subcommittees or divisions, or
by any commission or  The testimony of the
committee chairman or
member authorized to
summon witnesses.
2) By refusing to be sworn or
placed under affirmation while
being before such legislative
or constitutional body or
official.
3) By refusing to answer any
legal inquiry or to produce any
books, papers, documents, or
records in his possession,
when required by them to do
so in the exercise of their
functions.
4) By restraining another from
attending as a witness in such
legislative or constitutional
body
5) By inducing disobedience to
a summons or refusal to be
sworn by any such body or
official.
Article 151 – Resistance and Serious
RESISTANCE AND Disobedience:
DISOBEDIENCE 1) That a person in authority or
TO A PERSON IN his agent in the performance
AUTHORITY OR of official duty or gives a lawful
THE AGENTS OF order to the offender
SUCH PERSON 2) That the offender resists or
seriously disobeys such
person in authority or his agent
3) That the offender is not
included in the provisions of
Articles 148, 149 and 150
Simple Disobedience:
1) That an agent of a person in
authority is engaged in the
performance of official duty or
gives a lawful order to the
offender
 Article 150 may not
apply when the papers
or documents may be
used in evidence
against the owner
thereof, because it
would be equivalent to
compelling him to be
witness against himself.
person summoned must
be upon matters into
which the National
Assembly has
jurisdiction to inquire.
 When a person in
authority or his agent is
in the performance of
his duty or gives an
order and the
performance of duty is
resisted or the order is
disobeyed, then the
crime is committed.
 The accused must have
knowledge that the
person arresting him is
a person in authority.
 A person cannot be
guilty of disobedience to
an order which is not
addressed to him.
 The order must be
lawful
 2) That the offender disobeys
such agent of a person in
authority
3) That such obedience is not
of a serious nature
Article 152 – PERSON IN AUTHORITY –
PERSONS IN the one directly vested with
AUTHORITY AND jurisdiction, the power and
AGENTS OF authority to govern and
PERSONS IN execute the laws.
AUTHORITY
To be an agent of a person
in authority, one must be
charge with:
1) The maintenance of public
order
2) The protection and security
of life and property
 When the attack or
employment of force is
not deliberate, the crime
is only resistance or
disobedience. This is
so, because the
offender has no intent
to ignore, disregard or
defy the authority or his
agents.
Persons in authority:
 The municipal mayor
 Division superintendent
of schools
 Public and private
school teachers
 Teacher-nurse
 President of sanitary
division
 Provincial fiscal
 Justice of the Peace
 Municipal councillor
 Barrio captain and
barangay chairman
 Teachers, professors
and persons charged
with the supervision of
public or duly
recognized private
schools, colleges and
universities are deemed
persons in authority in
applying the provisions
of Article 148 and 151.
 The offender need not
be a pupil or the parent
of the pupil.
Agents of persons in
authority:
 Policemen or
Constabulary soldier
 Municipal treasurer
 Any person who comes
to the aid of persons in
authority is an agent of
a person in authority.
Article 153 – 1) Causing any serious
TUMULTS AND disturbance in a public place,
OTHER officer of establishment
DISTURBANCES 2) Interrupting or disturbing
OF PUBLIC performances, functions or
ORDER gatherings, or peaceful
meeting, if the act is not
included in Articles 131 and
132.
3) Making any outcry tending
to incite rebellion or sedition in
any meeting, association or
public place.
4) Displaying placards or
emblems which provoke a
disturbance of public order in
such place.
5) Burying with pomp the body
of a person who has been
legally executed.
Article 154 – Acts punishable:
UNLAWFUL USE 1) By publishing or causing to
OF MEANS OF be published, by means of
PUBLICATION printing lithography or any
AND UNLAWFUL other means of publication, as
UTTERANCES news any false news which
may endanger the public
 Serious disturbance
must be planned or
intended
 If the act of disturbing or
interrupting a meeting
or religious ceremony is
committed by a private
individual or if
committed by public
officers there are
participants therein,
Article 153 (and not Art
132 and 133) should be
applied.
 For an Outcry or
Displaying of emblems
or placards to constitute
inciting to commit
rebellion or sedition, it is
necessary that the
offender should have
done the act with the
idea aforethought of
inducing his hearers or
readers to commit the
crime of rebellion or
sedition.
 But if the Outcry is more
or less unconscious
outburst which,
although rebellious or
seditious in character, it
is not intentionally
calculated to induce
others to commit
rebellion or sedition, it is
only PUBLIC ORDER.
 The disturbance or
interruption shall be
deemed to be
tumultuous if caused by
more than 3 persons
who are armed or
provided with means of
violence.
 Actual public disorder or
actual damage to the
credit of the State is not
necessary. The mere
possibility of causing
such danger or damage
is sufficient.
 order, or case damage to the
interest or credit of the State.
2) By encouraging
disobedience to the law or to
the constituted authorities or b
praising, justifying or extolling
any act punished by law, by
the same means or by words,
utterances or speeches.
3) Maliciously publishing or
causing to be published any
official resolution or document
without proper authority, or
before they have been
published officially.
4) By printing, publishing, or
distributing (or causing the
same) books, pamphlets,
periodicals or leaflets which do
not bear the real printer’s
name, or which are classified
as anonymous.
Article 155 – Acts punishable:
ALARMS AND 1) Discharging any firearm,
SCANDALS rocket, firecracker, or other
explosives within any town or
public place, calculated to
cause (which produces) alarm
or danger
2) Instigating or taking an
active part in any charivari or
other disorderly meeting
offensive to another or
prejudicial to public tranquillity
3) Disturbing the public peace
while wandering about at night
or while engaged in any other
nocturnal amusements
4) Causing any disturbance or
scandal in public places while
intoxicated or otherwise,
provided Art 153 is not
applicable.
Article 156 – 1) That there is a person
DELIVERING confined in a jail or penal
PRISONERS FROM establishment
JAIL 2) That the offender removes
therefrom such person, or
 The offender must know
that the news is false,
otherwise, no criminal
intent on his part.
 If there is no possibility
of danger to the public
order or of causing
damage to the interest
or credit of the State by
the publication of the
false news, Article 154
is not applicable.
 The discharge of
firearm under par. 1
should not be aimed at
a person, otherwise, the
offense would fall under
Art 254, punishing
discharge firearm.
 It is the result, not the
intent that counts.
 The act must produce
alarm or danger as a
consequence,
 Charivari – includes a
medley of discordant
voices, a mock
serenade of discordant
noises made on kettles,
tins, horns, etc.,
designed to annoy or
insult.
 If the disturbance is of a
serious nature, the case
will fall under Article
153, not under par. 4 of
Article 155.
 Hospitals or asylums
are considered as an
extension of jail or
prison.
 helps the escape of such
person
 Employment of deceit is
 The person who
 If the crime committed
 If the prisoner removed
Article 157 – 1) That the offender is a
EVASION OF convict by final judgement
SERVICE OF 2) That he is serving his
SENTENCE sentence which consists in
deprivation of liberty
3) That he evades the service
of his sentence by escaping
during the term of his sentence
 Escape – flee from, to
 The offender under
Article 156 is “any
person”. If the offender
is a public officer who
had the prisoner in his
custody or charge, he is
liable for infidelity in the
custody of a prisoner.
not an essential or
integral element of the
crime such that when
the same is not alleged
in the information and
duly proved in
evidence, the accused
cannot be convicted of
said crime.
substituted the prisoner
by taking his place in
the prison is also liable
under the same article.
by the prisoner is
treason, murder or
parricide, the act of
taking his place is that
of an ACCESSORY, he
assist in the escape of
the principal.
or whose escape is
made possible by the
commission of the crime
of delivering prisoner
from jail is a detention
prisoner, such prisoner
is not criminally liable.
 The sentence must be
“by reason of final
judgment”
 This article is not
applicable to sentence
executed by deportation
 Article 157 is applicable
to sentence of destierro,
since it consists in
deprivation of liberty.
avoid, to get out of the

Article 158 – 1) That the offender is a
EVASION OF convict by final judgement,
SERVICE OF who is confined in a penal
SENTENCE ON institution
THE OCCASION 2) That there is disorder,
OF DISORDERS, resulting from –
EARTHQUAKES, a. Conflagration
OR OTHER b. Earthquake
CALAMITIES c. Explosion
d. similar catastrophe,
or
e. Mutiny in which he
has not participated
3) That the offender evades
the service of his sentence by
leaving the penal institution
where he is confined, on the
occasion of such disorder or
during the mutiny.
4) That the fails to give himself
up to the authorities within 48
hours following the issuance of
a proclamation by the Chief
Executive announcing the
passing away of such
calamity.
Article 159 – 1) That the offender was a
OTHER CASES OF convict
EVAION OF 2) That he was granted a
SERVICE OF conditional pardon by the
SENTENCE Chief Executive.
3) That he be violated any of
the conditions of such pardon
way, as to flee to avoid
arrest.
 Unlawful entry –
scaling or climbing the
wall.
 Offender must be a
convict by final
judgment
 The convict must leave
the penal institution
 What is punished is not
the leaving of the penal
institution, but the
failure of the convict to
give himself up to the
authorities thin 48 hours
after the proclamation
announcing the passing
away of the calamity.
 If offender fails to give
himself up, he gets an
increased penalty.
 If offender gives himself
up, he is entitled to a
deduction of 1/5th of his
sentence.
 The court cannot
require the convict to
serve the unexpired
portion of his original
sentence if it does not
exceed 6 years.
 Violation of conditional
pardon is not a
substantive offense,
because the penalty for
such violation is the
unexpired portion of the
punishment in the
original sentence
 Condition extends to
special laws
 Offender must be found
guilty of subsequent
offense before he can
be prosecuted under
this art.
  Offender can be
arrested and re-
incarcerated without
trial.
 The period when
convict was at liberty,
not deducted in case he
is recommitted.
 Duration of the
conditions subsequent
is limited to the
remaining period of the
sentence

Article 160 – 1) That the offender was  Second crime must be

COMMSION OF already convicted by final a felony; but the first
ANOTHER CRIME judgement of one offense. crime for which the
DURING SERVICE 2) That he committed a new offender is serving
OF PENALTY felony before beginning to sentence need not be a
IMPOSED FOR serve such sentence or while felony
ANOTHER serving the same.  Quasi- Recidivism
PREVIOUS cannot be offset by
OFFENSE OMC
 A quasi-recidivist, who
is not habitual criminal,
may be pardoned at the
age of 70 years if he
has already served out
his original sentence or
when he shall complete
it after reaching said
age.
Article 161 – Acts punishable:
FORGING THE 1) Forging the Great Seal of
SEAL OF THE the Government of the
GOVERNMENT Philippines
SIGNATURE OR 2) Forging the signature of the
STAMP OF THE president
CHIEF EXECUTIVE 3) forging the stamp of the
President
Article 162 – USING 1) That the Great Seal of the
FORGED Republic was counterfeited or
SIGNATURE OR the signature or stamp of the
COUNTERFEIT Chief Executive was forged by
SEAL OR STAMP another person.
2) The offender knew of the
counterfeiting or forgery
3) That he used the counterfeit
seal or forged signature or
stamp
Article 163 - 1) That there be false or
MAKING AND counterfeited coins
IMPORTING AND
UTTERING FALSE 2) That the offender either
COINS made, imported or uttered
such coins
3) That in case of uttering such
false or counterfeited coins, he
connived with the
counterfeiters or importers
Article 164 – Acts punishable:
MUTILATION OF 1) Mutilating coins of the legal
COINS currency, with the further
requirement that there be
intent to damage or to defraud
another
2) Importing or uttering such
mutilated coins, with the
further requirement that there
must be connivance with the
mutilator or importer in case of
uttering
Article 165 - Acts punishable:
SELLING OF 1) Possession of coin,
FALSE OR counterfeited or mutilated by
MUTILATED another person, with intent to
COINS, WITHOUT utter the same, knowing that is
CONNIVANCE false or mutilated
2) Actually uttering such false
or mutilated coin, knowing the
same to be false or mutilated

Elements of par. 1:
1) Possession
2) With intent to utter
3) Knowledge

Elements of par. 2:
1) Actually uttering
2) Knowledge
Article 166 – Acts punishable:
FORGING 1) Forging or falsification of
TREASURY treasury or bank notes or other
documents payable to bearer
2) Importation of such false or
forged obligations or notes
3) Uttering of such false or
forged obligations or notes in
connivance with the forgers or
importers.

Article 167 – 1) That there be an instrument

COUNTERFEITING payable to order other
INSTRUMENTS document or credit not payable
NOT PAYABLE TO to bearer.
BEARER
 2) That the offender either
forged, imported or uttered
such instrument
3) That in case of uttering, he
connived with the forger or
importer.
Article 168 - 1)That any treasury or bank
ILLEGAL note or certificate or other
POSSESSION AND obligation and security payable
USE OF FALSE to bearer, or any instrument
TREASURY OR payable to order or other
BANK NOTES AND document of credit not payable
OTHER to bearer is forged or falsified
INSTRUMENTS OF by another person
CREDIT 2) That the offender knows
that any of those instruments
is forged or falsified.
3) That he performs any of
these acts:
a) using any of such
forged or falsified
instruments
b) possessing with
intent to use any of
such forged or falsified
instruments
Article 169 - HOW
IS FORGERY
COMMITTED
Article 170 – 1) That there be a bill,
FALSIFICATIO OF resolution or ordinance
LEGISLATIVE enacted or approved or
DOCUMENTS pending approval by either
House of the Legislature or
any provincial board or
municipal council
2) That the offender alters the
same
3) That he has no proper
authority therefor
4) That the alteration has
changed the meaning of the
document
Article 171 –
FALSIFICATION
BY PUBLIC
OFFICER,
EMPLOYEE OR
NOTARY OR
ECCLESIASTICAL
MINISTER
Article 172 –
FALSIFICATION
BY PRIVATE
INDIVIDUALS AND
USE OF FALSIFIED
DOCUMENTS
Article 173 –
FALSIFICATION
OF WIRELESS,
CABLE,
TELEGRAPH AND
TELEPHONE
MESSAGES, AND
USE OF SAID
SALSIFIED
MESSAGES.
Article 174 – FALSE
MEDICAL
CERTIFICATES,
FALSE
CERTIFICATES OF
MERIT OR
SERVICE, ETC.
Article 175 – USING
FALSE
CERTIFICATES
Article 176 –
MANUFACTURING
AND POSSESSION
OF INSTRUMENTS
OR IMPLEMENTS
FOR
FALSIFICATION
Article 177 -
Article 178 -
Article 179 -
Article 180 -