Criminal Law II

Arts 114-365
 2nd mode
aid or com
Title One
Crimes Against National Security and ―Adherence
the Law of Nations is ―adheren
or emoti
sympathie
Section One. Treason and Espionage or interest
Article 114. Treason
Article 115. Conspiracy and proposal to commit treason ―Aid or co
Article 116. Misprision of treason tends to s
Article 117. Espionage against the
or tends to
Section Two. Provoking war and disloyalty in case resist or to
of war
Article 118. Inciting to war or giving motives for Adherence
reprisal NOT consti
Article 119. Violation of neutrality
Article 120. Correspondence with hostile country The aid an
Article 121. Flight to enemy‘s country To be treas
to render a
Section Three. Piracy and mutiny on the high seas as individu
in Philippine waters enemies‟ h
Article 122. Piracy in general and mutiny on the high actually str
seas or in Philippine waters
Article 123. Qualified piracy The aid or
declaration
foreign pow
 seas or in Philippine waters
Article 123. Qualified piracy

Article 114. Treason

Elements:

1. Offender is a Filipino Citizen or an Alien residing

in the Philippines;
2. There is a war in which the Philippines is
involved;
3. The offender either –
a. Levies war against the Government
b. Adheres to the enemies, giving them aid
or comfort

Treason cannot be committed in time of peace.

victim‘s house to arrest him.
Mode

1.
Article 115. Conspiracy and Proposal to commit 2.
Treason

Elements: Conspiracy to Commit Treason 3.

1. In time of war
2. Two or more persons come to an agreement to
levy war against government or to adhere to the
enemies and to give them aid or comfort; and An
3. They decide to commit it

Elements: Proposal to Commit Treason Acts p

1. In time of war 1)
2. A person who has decided to levy war against the
gov‘t or to adhere to the enemies and to give them
aid or comfort; and o
3. Proposes its execution to some other person or
persons.

The two-witness rule does not apply to conspiracy or

 The two-witness rule does not apply to conspiracy or
proposal to commit treason.

Article 116. Misprision of Treason

Elements:

1. Offender must be a Citizen of the Philippines;

2. He has knowledge of any conspiracy (to commit
treason) against the Government; and
3. He conceals or does not disclose and make known
the same as soon as possible to the governor or
fiscal of the province or the mayor or fiscal of the
city in which he resides.

Art. 116 will not apply when the crime of treason has
already been committed by someone and the
accused does not report its commission to the proper
 one single penalty for misprision is two degrees lower than that
g aid to the provided for treason.
at least 2
Article 117. Espionage

Two ways of Committing Espionage

the Kempei
Macasero by Mode 1 Elements:
oney to the
accompanied 1. Offender enters a warship, fort or naval or military
he arresting establishment or reservation;
t eventually 2. He has no authority therefore; and
or. Spouses 3. His purpose is to obtain information, plans,
ife testified photographs or other data of a confidential nature
relative to the defense of the Philippines.
th. The wife
cooperated It is not necessary that information be actually
hem to the obtained

Mode 2 Elements:

1. Offender is a public officer;

o commit 2. He has in his possession (by reason of the public
office he holds) any information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines; and
3. He discloses their contents to a representative of a
foreign nation.

greement to
dhere to the COMMONWEALTH ACT NO. 616
o injuring or destroying national defense material,
premises or utilities; and
making or causing to be made in a defective
manner, or attempting to make or cause to be made
in a defective manner, national defense material.

Espionage Treason
Both not conditioned by the citizenship of the offender
May be committed in time May be committed only in
of peace or war time of war

Ways of Committing: Limited to Art. 114

Art. 117 Revised Penal
Code and C.A. No. 616
CRIMINAL LAW 2
ESGUERRA NOTES

Article 118. Inciting to war or giving motives for

reprisals

Elements:
1. Offender performs unlawful or unauthorized acts;
and
2. Such acts provoke or give occasion for a war
involving or liable to involve the Philippines or
expose Filipino citizens to reprisals on their
persons or property

Illustration: The public destruction of the flag or seal

of a foreign state or the public manifestations of hostility
to the head or ambassador of another state.
Illustration: The public destruction of the flag or seal
of a foreign state or the public manifestations of hostility
to the head or ambassador of another state.

Article 119. Violation of Neutrality

Elements:

1. There is a war in which the Philippines is not

involved;
2. There is a regulation enforcing neutrality issued by
a competent authority; and
3. The offender violates said regulation.

Article 120. Correspondence with Hostile Country

Elements:
2. There is a regulation enforcing neutrality issued by
a competent authority; and
3. The offender violates said regulation.

Article 120. Correspondence with Hostile Country

Elements:

1. In time of war wherein the Philippines is involved;

2. The offender makes correspondence with an enemy
country or territory occupied by enemy troops;
3. The correspondence is either –
a. Prohibited by the Government
b. Carried on in ciphers or conventional signs, or
c. Containing notice or information, which might
be useful to the enemy.

―Correspondence‖ means communications by means of

letters.
 UP College of Law

Article 121. Flight to Enemy‘s Country

Elements:
1. There is a war in which the Philippines is involved;
2. Offender must be owing allegiance to the
government;
3. Offender attempts to flee or go to enemy country;
and
4. Going to the enemy country is prohibited by
competent authority.

Article 122. Piracy in general and Mutiny on the

High Seas or in Philippine Waters
seal
ostility
Article 122. Piracy in general and Mutiny on the
High Seas or in Philippine Waters

Acts Punished as piracy:

1. Attacking or seizing a vessel on the high seas or in

Philippine waters; and
2. Seizing in the vessel while on the high seas or in
is not Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its
ued by complement or passengers.

Elements of Piracy:

1. The vessel is on the high seas or Philippine waters;

untry 2. Offenders are neither members of its complement
nor passengers of the vessel; or
3. Offenders either –
a. attack or seize a vessel on the high seas or in
olved; Philippine waters; or
enemy b. seize in the vessel while on the high seas or in
ps; Philippine waters the whole or part of its cargo,
its equipment or personal belongings of its
complement or passengers.
ns, or
h might
 Piracy is a crime not ag
Piracy under RPC Piracy under P.D. No. against all mankind. I
532 competent tribunal of an
As to the manner of commission may be found or into w
Committed by either: (a) Commited by either: (a) jurisdiction in the crime o
attacking or seizing a attacking or seizing a no territorial limits, nor d
vessel or (b) seizing the vessel; or (b) by taking committed within the ju
whole or part of the cargo away the whole or part of foreign state, ―for those
of a vessel, the equipment its cargo, equipment or are not neutral to crimes.
or personal belongings of personal belongings of the
its complement or vessel‘s complement or People v. R
passengers. passengers by means of
FACTS: Rodriguez et al
violence
767) were charged with t
and sentenced to death. T
against or intimidation
total amount and escape
of persons or force
boats. Ten dead bodies
upon things.
victims of the sea-jacking

As to the person committing the crime HELD: Where rape, murd

Committed by a stranger Committed by any person the crime of piracy, the p
to the vessel (i.e. someone regardless whether death penalty under P.D
who is not a passenger or offender is a passenger or 134.
a member of the a member of the
complement of the vessel). complement of the vessel. People v.

As to the place of the commission of the crime FACTS: Siyoh, et al we

with triple murder and f
Philippine waters or on the Philippine waters only
and sentenced to death.
high seas
they were able to dives
As to when piracy becomes qualified Guzman and his compa
When accompanied, When physical injuries or Island. The companions w
among others, by murder, other crimes are wounded but was able to
homicide, physical injuries committed as a result of or
or rape. on occasion thereof or HELD: Although the bo
when murder, homicide or missing, the number of pe
rape is committed by piracy is not material.
reason or on occasion piracy (when rape, murde
thereof. a result or on the occa
[Reyes, Book II] complex crime punishabl
homicide, physical injuries committed as a result of or
or rape. on occasion thereof or HEL
when murder, homicide or mis
rape is committed by pira
reason or on occasion pira
thereof. a r
[Reyes, Book II] com
num
Piracy Mutiny
Persons who attack a Offenders are members of
vessel or seize its cargo are the crew of passengers.
strangers to said vessels.
E
Intent to gain essential. Intent to gain not essential,
1
offenders may only intend
to ignore the ship‘s officers.
2

[Reyes, Book II] 3

People v. Lol-lo and Saraw (1922)

FACTS: Boat carrying men, women and children on its
way between two islands in the Dutch East Indies were
waylaid by six vintas manned by 24 armed Moros. At
embers of
ngers. Article 123. Qualified Piracy

Elements:
essential,
1. The vessel is on the high seas or Philippine
nly intend
waters;
s officers.
2. Offenders may or may not be members of its
complement, or passengers of the vessel;
3. Offenders either –

a. attack or seize the vessel; or

b. seize the whole or part of the cargo, its
n on its equipment., or personal belongings of the
es were crew or passengers;
oros. At
ch boat, 4. The preceding were committed under any of
he men the following circumstances:
e people
men, and a. whenever they have seized a vessel by
he boat. boarding or firing upon the same
d them. b. whenever the pirates have abandoned their
former victims without means of saving
escaped themselves; or
i where c. whenever the crime is accompanied by
e found murder, homicide, physical injuries or rape.
 disposition by the pirates of the vessel and its cargo is deci
still part of the act of piracy.
P
Republic Act No. 9372
Human Security Act of 2007 2. A

Crime of Terrorism A
coop
It is committed by any person who engages in any of terro
the following acts punishable under RPC and special or s
laws:
P
A. Under the RPC impr

Piracy in general and mutiny in the high seas 3. A

or in the Philippine waters (Art.
UP 122)
College of Law
Rebellion or Insurrection (Art. 134) A
Coup d‟etat including acts committed by of t
private persons (Art. 134-A) terro
Kidnapping and Serious Illegal Detention (Art.
267)
r the Murder (Art. 248)
argo, Crimes involving Destruction (Art. 324)
ment
f, by B. Under Special Laws
ns or
 of its cargo, Crimes involving Destruction (Art. 324)
s complement
thereof, by B. Under Special Laws
of persons or
n, including a Decree codifying the laws on illegal and
f said vessel, unlawful possession, manufacture, dealing in,
acquisition or disposition of firearms,
ammunitions or explosives (P.D. No. 1866)
Law on Arson (P.D. No. 1613)
Anti-Piracy and Anti-Highway Robbery of Law
of 1974 (P.D. No. 532)
Atomic Energy Regulatory and Liability Act of
/brigands or 1968 (R.A. No. 5207)
age Toxic Substances and Hazardous and Waste
Control Act of 1990 (R.A. No. 6969)
Anti-Hijacking Law (R.A. No. 6735)
thers Eugene
Suddenly, a Elements of the crime of terrorism:
boarded the
gene. Eugene Offender commits an act punishable under any
at. When the of the cited provisions of the Revised Penal
ere forced to Code, or under any of the enumerated special
The attackers penal laws;
brothers. Commission of the predicate crime sows and
creates a condition of widespread; and
by P.D. 532. extraordinary fear and panic among the
aking away of populace;
pment, or the Offender is actuated by the desire to coerce
complement, the government to give in to an unlawful
on of persons demand.
ippine waters
is part of the Before a change for terrorism may be filed under R.A.
 Title Two
CRIMES AGAINST THE FUNDAMENTAL
Rev
LAWS OF THE STATE
Wh
Section One. Arbitrary detention and expulsion
Article 124. Arbitrary detention
(a) By the RT
Article 125. Delay in the delivery of detained persons to
complaint or
the proper judicial authorities
evaluate the
Article 126. Delaying release
supporting ev
Article 127. Expulsion
case if the
establish prob
Section Two. Violation of domicile
shall issue a
Article 128. Violation of domicile
the accused
Article 129. Search warrants maliciously obtained and
warrant issu
abuse in the service of those legally obtained
Preliminary I
Article 130. Searching domicile without witnesses
information is
case of doub
Section Three. Prohibition, interruption and
judge may o
dissolution of peaceful meetings
evidence with
Article 131. Prohibition, interruption and dissolution of
be resolved b
peaceful meetings
of the compla
Section Four. Crimes against religious worship
(b) By the MT
Article 132. Interruption of religious worship
1 of this Ru
Article 133. Offending the religious feelings
falling under
conducted by
conducted by
issuance of a
Article 131. Prohibition, interruption and dissolution of
b
peaceful meetings
of
Section Four. Crimes against religious worship
(b
Article 132. Interruption of religious worship
1
Article 133. Offending the religious feelings
fa
co
co
is
Article 124. Arbitrary Detention g
in
Elements: fo
1. Offender is a public officer or employee; h
2. He detains a person; and p
3. The detention is without legal grounds h
h
w
Meaning of absence of legal grounds m
ex
1. No crime was committed by the detained; co
2. The detained person is not violently insane; and q
3. The person detained has no ailment, which requires th
compulsory confinement in a hospital. im
ju
this case, there was no overt act done in the presence of
the police to justify a warrantless arrest and search.

Article 125. Delay in the Delivery of Detained

Persons to the Proper Judicial Authorities

Elements (as amended by E.O. No. 272)

1. Offender is a public officer or employee;

2. He detains a person for some legal ground;
3. He fails to deliver such person to the proper judicial
authorities within –
a. 12 hours for light penalties;
b. 18 hours for correctional penalties; and
c. 36 hours for afflictive or capital penalties.
 1. Offen
2. He is
dwel
Article 126. Delaying Release other

Acts punished: Circumstan

1. Delaying the performance of a judicial or executive 1. If com

order for the release of a prisoner; 2. If an
2. Unduly delaying the service of the notice of such of a
order to said prisoner; and searc
3. Unduly delaying the proceedings upon any petition
for the liberation of such person.
A public of
Elements: is armed w

1. Offender is a public officer or employee; To constitu

2. There is a judicial or executive order for the release public offi
of a prisoner or detention prisoner, or that there is which pre
a proceeding upon a petition for the liberation of owner, wh
such person; and only witho
3. Offender without good reason delays - committed
a) the service of the notice of such order to the before and
prisoner;
b) the performance of such judicial or executive If the pu
order for the release of the prisoner; or dwelling w
c) the proceedings upon a petition for the release is grave c
of such person. unjust ve

Violation
 Wardens and jailers are the public officers most
likely to violate Art. 126.

Article 127. Expulsion

Acts punished:

1. Expelling a person from the Philippines.

2. Compelling a person to change his residence.

Elements:

1. Offender is a public officer or employee;

2. S/he either -
a. expels any person from the Philippines; or
b. compels a person to change residence;
3. Offender is not authorized to do so by law.

The Court, by a final judgment can order a person to

r Article 128. Violation of Domicile

in five (5) Acts Punished:

that within 1. Entering any dwelling against the will of the
ts whose owner thereof;
eat is not 2. Searching papers or other effects found therein
without the previous consent of such owner; or
3. Refusing to leave the premises, after having
Sundays, surreptitiously entered said dwelling and after
e or law having been required to leave the same.
d person to
ned that is Common elements:
sted.
1. Offender is a public officer or employee;
2. He is not authorized by judicial order to enter the
dwelling or to make a search therein for papers or
other effects.

Circumstances qualifying the offense:

r executive 1. If committed at nighttime; or

2. If any papers or effects not constituting evidence
ce of such of a crime are not returned immediately after the
search made by offender.
ny petition

A public officer is ―authorized by judicial order‖ when he

is grave coercion, if violence or intimidation is used, or
unjust vexation, if there is no violence or intimidation.

Violation of Domicile (Art. 128) v. Trespass to

Dwelling (Art. 280) of the Revised Penal Code

Violation of Domicile Qualified Trespass to

Art. 128 Dwelling
Art. 280

Offender is a public officer Offender is a private

person

There are three ways of There is only one way of

committing violation of committing qualified
domicile trespass to dwelling

Lui v. Eulogio (2004)

 Section 3. Per
Article 129. Search Warrants Maliciously warrant may be
Obtained, and Abuse in the Service of Those personal prope
Legally Obtained (a) Subject

(b) Stolen
Acts punished:
fruits of the off
a. Procuring a search warrant without just
(c) Used or
cause
committing an
Elements:
Section 4. Req
1. Offender is a public officer or employee
search warrant
2. He procures a search warrant; and
cause in conne
3. There is no just cause.
determined per
[Reyes, Book II]
under oath or a
witnesses he m
b. Exceeding his authority or by using
the place to be
unnecessary severity in executing a search
which may be a
warrant legally procured.
Section 5. Exa
Elements:
judge must, be
1. Offender is a public officer or
examine in the
employee;
answers, in wri
2. He has legally procured a search
the witnesses h
warrant; and
to them and at
3. He exceeds his authority or uses
statements, tog
unnecessary severity in executing the
same.
Section 6. Issu
[Reyes, Book II]
the judge is sa
which the appli
cause to believ
 written literature alleged to be in the possession and
HELD: Theofsearch
control warrants
petitioner Burgos. in this case were also in the
empt of nature of general warrants, hence invalid.
HELD: The search warrants in this case were also in the
nature of general warrants, hence invalid.
s Article 130. Searching Domicile without Witnesses
—A
angerous Article 130. Searching Domicile without Witnesses
t or
ed Elements:
e without 1. Offender is a public officer or employee;
Elements:
2. 1.
He isOffender
armediswith
a public officerwarrant
search or employee;
legally procured;
2. He is armed with search warrant legally procured;
3. He searches the domicile, papers or other
or to 3. He searches the domicile, papers or other
a quash a belongings of of
belongings any
anyperson; and
person; and
o
tained 4. The The
4. owner, ororany
owner, any members
members ofof hishis family,
family, or two
or two
yrtthe court witnesses
witnessesresiding
residing in the same
in the samelocality
locality
are are
not not
minal present.
present.
filed in
h
e the
d in Violation of Domicile Searching Domicile
the latter Violation (Art.
of Domicile
128) Searching
without Domicile
witnesses
r (Art. 128) (Art. 130)
without witnesses
(Art. 130)
Public officer has no Public officer has a search
authority to make a search warrant
s of the Public officer has no Public officer has a search
h warrants
authority to make a search warrant
heof which Art. 130 does NOT apply to searches of vehicles or other
ts means of transportation, because the searches therein
are not made in a dwelling. [Reyes, Book II]
The right to peaceably assemble is not absolute and may

Article 131. Prohibition, Interruption, and

Dissolution of Peaceful Meetings

Elements:

1. Offender is a public officer or employee;

2. He performs any of the following acts:
a. prohibiting or by interrupting, without legal
ground, the holding of a peaceful meeting, or
by dissolving the same;
b. hindering any person from joining any lawful
association, or attending any of its meetings;
or
c. prohibiting or hindering any person from
addressing, either alone or together with
others, any petition to the authorities for the
correction of abuses or redress of grievances.

be regulated (i.e., with respect to the streets or public

 addressing, either alone or together with
others, any petition to the authorities for the
correction of abuses or redress of grievances.

be regulated (i.e., with respect to the streets or public

places to be used etc.)

Article 132. Interruption of Religious Worship

Elements:
1. Offender is a public officer or employee;
2. Religious ceremonies or manifestations of any
religious are about to take place or are going on;
and
3. Offender prevents or disturbs the same.

The offense is qualified if committed with violence or

threats. [Reyes, Book II]

Reading the Bible and then attacking certain churches in

a public plaza is not a ceremony or manifestation of
religion, but only a meeting of a religious sect. In which
 UP College of Law

Article 133. Offending the Religious Feelings

Elements:
1. Acts complained of were performed in a place
devoted to religious worship, OR during the
celebration of any religious ceremony; and
2. The acts must be notoriously offensive to the
feelings of the faithful.

There must be deliberate intent to hurt the feelings

of the faithful.

People v. Mandoriao 50 O.G. 4619

 Title Three
CRIMES AGAINST PUBLIC ORDER
Chapter One. Rebellion, Coup d‘état, Sedition and
Disloyalty
Article 134. Rebellion or Insurrection – how committed
Article 134-A. Coup d‟ etat – how committed
Article 135. Penalty for rebellion, insurrection or coup
d‟ etat
Article 136. Conspiracy and proposal to commit coup d‟
etat, rebellion or insurrection
Article 137. Disloyalty of public officers or employees
Article 138. Inciting to rebellion or sedition
Article 139. Sedition – how committed
Article 140. Penalty for sedition
Article 141. Conspiracy to commit sedition
Article 142. Inciting to sedition

Chapter Two. Crimes Against Popular

Representation
Chapter Two. Crimes Against Popular
Rebelli
Representation
object o
and su
Section One - Crimes against legislative bodies and
Book II
similar bodies
Insurr
Article 143. Acts tending to prevent the meeting of the
referen
Assembly and similar bodies
effect s
Article 144. Disturbance of proceedings
prevent
with re
Section Two - Violation of parliamentary immunity
[Reyes,
Article 145. Violation of parliamentary immunity
The crim
crime
Chapter Three. Illegal Assemblies and Associations
Velasco
Article 146. Illegal assemblies
Actual
Article 147. Illegal associations
necessa
conspir
Chapter Four. Assault Upon, and Resistance and
the gov
Disobedience to, Persons in Authority and their Agents
R, 30 Ju
Article 148. Direct assaults
It is n
Article 149. Indirect assaults
rebellio
Article 150. Disobedience to summons issued by the
Giving
National Assembly, its committees or
(Carino
subcommittees, by the Constitutional
1963)
Commissions, its committees, subcommittees or
divisions
Article 151. Resistance and disobedience to a person in
authority or the agents of such person Rebe
Article 152. Persons in authority and agents of person in Levying of wa
authority – who shall be deemed as such government
time for any
purposes in A
 authority – who shall be deemed as such

Chapter Five. Public Disorders

Article 153. Tumults and other disturbances of public
order- tumultuous disturbance or interruption
liable to cause disturbance
Article 154. Unlawful use of means of publication and
unlawful utterances
Article 155. Alarms and Scandals
Article 156. Delivering prisoners from jail

Chapter Six. Evasion of Service Sentence

Article 157. Evasion of service of sentence
Article 158. Evasion of service of sentence on the
occasion of disorders, conflagrations,
earthquakes or other calamities
Article 159. Other cases of evasion of service of
sentence

Chapter Seven. Commission of Another Crime during

Service of Penalty Imposed for Another Previous Offense
Article 160. Quasi-recidivism
 Article 134. Rebellion or insurrection – how
committed

Elements:

1. There is a public uprising and taking arms

against the government; and
2. The purpose of the uprising or movement is -

a. to remove from the allegiance to the

government or its laws Philippine territory
or any part thereof, or any body of land,
naval, or other armed forces; or
b. to deprive the Chief Executive or Congress,
wholly or partially, of any of their powers
or prerogatives.
 rebellion be accomplished.
Giving aid and comfort is not criminal in rebellion.
(Carino v. People, G.R. No. L-14752, 30 April
1963)

Rebellion Treason
Levying of war against the Levying of war against the
government during peace government, when
time for any of the performed to aid the
purposes in Article 134 enemy; adherence to
enemy
Always involves taking up May be committed by
arms against the mere adherence to the
government enemy, giving him aid or
comfort
[Reyes, Book II]

Note: Rebellion cannot be complexed with other crimes,

such as murder and arson. Rebellion in itself would
include and absorb the said crimes, thus granting the
murder.

Article 134-A. Coup d‘ etat – how committed

Elements:

1. Offender is a person or persons belonging to the

military or police or holding any public office or
employment;
2. It is committed by means of a swift attack
accompanied by violence, intimidation, threat,
strategy or stealth;
3. The attack is directed against the 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; and
4. The purpose of the attack is to seize or diminish
state power.

The crime of coup d‟ etat may be committed with or

 Article 135. Penalty for rebellion, insurrection or
o was coup d‘ etat
walked
he gun Persons liable for rebellion, insurrection or coup d' etat:
ho shot
whom 1. The leaders –
on the
nd his a. Any person who promotes, maintains or
cused- heads a rebellion or insurrection; or
rime of b. Any person who leads, directs or commands
others to undertake a coup d' etat;

tted is 2. The participants -

for our
done in a. Any person who participates or executes the
of the commands of others in rebellion or
political insurrection;
ould be b. Any person in the government service who
ion. In participates, or executes directions or
d mere commands of others in undertaking a coup d‟
o the etat; or
itself, c. Any person not in the government service
who participates, supports, finances, abets or
aids in undertaking a coup d' etat.
or the
al and
It is not a defense in rebellion that the accused
CRIMINAL LAW 2
ESGUERRA NOTES

Article 136. Conspiracy and proposal to commit

coup d‘ etat

There is conspiracy to commit rebellion when two or

more persons come to an agreement to rise publicly and
take arms against government for any of the purposes
of rebellion and decide to commit it. [Reyes, Book II]

There is proposal to commit rebellion 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. [Reyes, Book II]

Article 137. Disloyalty of public officers or

rebellion proposes its execution to some other person or
persons. [Reyes, Book II]

Article 137. Disloyalty of public officers or

employee

Acts punishable:

1. By failing to resist a rebellion by all the means in

their power;
2. By continuing to discharge the duties of their
offices under the control of the rebels; or
3. By accepting appointment to office under them

Offender must be a public officer or employee.

The crime of disloyalty of public officers presupposes
the existence of rebellion by other persons. [Reyes,
 If the public officer who commits any of the acts in
this article is in conspiracy with the rebels, he will be
guilty of rebellion. [Reyes, Book II]

Article 138. Inciting to rebellion or insurrection

Elements:

1. Offender does not take arms or is not in open

hostility against the government;
2. He incites others to the execution of any of the
acts of rebellion; and
3. The inciting is done by means of speeches,
proclamations, writings, emblems, banners or
other representations tending to the same end

In proposal and inciting to rebellion, the crime of

rebellion should not actually be committed by the
persons to whom it is proposed or who are incited.
 one inciting becomes a principal by inducement in the st
the crime of rebellion wound
passing
Station
Inciting to rebellion Proposal to commit
rebellion HELD:
In both crimes, the offender induces another to commit its mo
rebellion disturb
It is not required that the The person who proposes subjec
offender has decided to has decided to commit publicl
commit the rebellion rebellion outside
The act of inciting is done The person who proposes
UP College of Law includi
publicly uses secret means upon t
[Reyes, Book II] the In
Govern
mit Sedition Rebellion
Political or social purpose Always political purpose
Public uprising must be Taking up of arms against
o or tumultuous the government
and
[Reyes, Book II]
oses
]
Article 139. Sedition – how committed
the
arms Elements:
s of 1. Offenders rise publicly and tumultuously;
ublicly and
[Reyes, Book II]
purposes
ook II]
Article 139. Sedition – how committed
when the
take arms Elements:
rposes of 1. Offenders rise publicly and tumultuously;
person or 2. Offenders employ force, intimidation, or other means
outside of legal methods; or
3. Purpose is to attain any of the following objects:

a. To prevent the promulgation or execution of any

law or the holding of any popular election;
rs or
b. To prevent the national government or any
provincial or municipal government, or any
public officer from exercising its or his functions
or prevent the execution of an administrative
order;
means in
c. To inflict any act of hate or revenge upon the
person or property of any public officer or
s of their
employee;
d. To commit, for any political or social end, any act
them
of hate or revenge against private persons or
any social classes; or
e. To despoil for any political or social end, any
ee. person, municipality or province, or the national
esupposes government of all its property or any part
s. [Reyes, thereof.

he acts in
he will be
functionary. The law makes no distinction between the
persons to
persons to which
which it
it applies.
applies.

Article 140.
Article 140. Penalty
Penalty for
for Sedition
Sedition

Persons liable
Persons liable for
for sedition:
sedition:

1.
1. The leader
The leader of
of the
the sedition;
sedition; and
and
2.
2. Other person
Other person participating
participating in
in the
the sedition.
sedition.

Article 141.
Article 141. Conspiracy
Conspiracy to
to Commit
Commit Sedition
Sedition

There must
There must be
be an
an agreement
agreement and
and a
a decision
decision to
to rise
rise
publicly and
publicly and tumultuously
tumultuously toto attain
attain any
any ofof the
the
objects of sedition. [Reyes, Book II]
objects of sedition. [Reyes, Book II]
There is no crime of proposal to commit sedition.
There is no crime of proposal to commit sedition.
[Reyes, Book II]
[Reyes, Book II]

Article 142. Inciting to sedition

 him and other
Manila.
Article 142. Inciting to sedition HELD: The cr
publication an
Acts punishable: necessarily te
together for
1. Inciting others to the accomplishment of any of incite rebelliou
the acts which constitute sedition by means of people agains
speeches, proclamations, writings, emblems, peace of the c
etc.; Government.
the play, in v
Elements: its presentat
enmity agai
a. Offender does not take direct part in the Government o
crime of sedition;
b. He incites others to the accomplishment of
any of the acts which constitute sedition; FACTS: Petiti
and making it app
c. Inciting is done by means of speeches, end of a piec
proclamations, writings, emblems, cartoons, tree, when in
banners, or other representations tending on a barrel.
towards the same end. Espuelas sent
weeklies of g
2. Uttering seditious words or speeches which tend a suicide note
to disturb the public peace; or written by a
3. Writing, publishing, or circulating scurrilous libels addressed to
against the government or any of the duly The letter na
constituted authorities thereof, which tend to suicide was
disturb the public peace. administration
request to hi
Churchill, an
government
interest or credit of the State.

Article 143. Acts tending to prevent the meeting of

the Assembly and similar bodies

Elements:

1. There is a projected or actual meeting of Congress

or any of its committees or subcommittees,
Constitutional Commissions or committees or
divisions thereof, or of any provincial board or city
or municipal council or board; and

2. Offender, who may be any person, prevents such

meetings by force or fraud.

The complaint for disturbance of proceedings may

be filed by a member of a legislative body.
 Congress.

Article 144. Disturbance of proceedings

Elements:

1. There is a meeting of Congress or any of its

committees or subcommittees, Constitutional
Commissions or committees or divisions thereof, or
of any provincial board or city or municipal council
or board; and

2. Offender does any of the following acts:

a. He disturbs any of such meetings; and

b. He behaves while in the presence of any such
bodies in such a manner as to interrupt its
proceedings or to impair the respect due it.
ESGUERRA NOTES

Article 145. Violation of parliamentary Ma

immunity FACTS: Manuel
were delegates to
Acts punishable: Both were facing
charged for falsifi
1. Using force, intimidation, threats, or frauds sala of Judge Jesu
to prevent any member of Congress from violation of the R
attending the meetings of Congress or of any later arrested, wh
of its committees or subcommittees, still in session. M
Constitutional Commissions or committees or the validity of th
divisions thereof, or from expressing his are immune from
opinion or casting his vote; or
ISSUE: Whether
Elements: immune from arre

a. Offender uses force, intimidation, threats HELD: No. There

or fraud; necessity to have
b. The purpose of the offender is to prevent delegates to the
any member of Congress from - accorded the con
representatives fr
o attending the meetings of the the sessions of C
Congress or of any of its from the same e
committees or Constitutional and breach of p
Commissions, etc.; which Martinez an
o expressing his opinion; or category of ―brea
o casting his vote. any offense whet
or any special sta
2. Arresting or searching any member thereof cannot invoke the
while Congress is in regular or special Constitution.
session, except in case such member has
 Commissions, etc.; which
o expressing his opinion; or catego
o casting his vote. any o
or any
2. Arresting or searching any member thereof canno
while Congress is in regular or special Const
session, except in case such member has
committed a crime punishable under the
Code by a penalty higher than prision mayor.

Elements: An
Decr
a. Offender is a public officer or employee; t
b. He arrests or searches any member of Manu
Congress; o
c. Congress, at the time of arrest or Instr
search, is in regular or special session; Amm
and Pen
d. The member arrested or searched has
not committed a crime punishable under
the Code by a penalty higher than Punis
prision mayor.
1. U
D
A
t
It is not necessary that the member of Congress A
is actually prevented from attending. [Reyes,
at said law must be Article 146. Illegal assemblies
those accused under
COMELEC Resolution Acts punishable:
so committed by the 1. Any meeting attended by armed persons for the
Court cannot but set purpose of committing any of the crimes
illegal possession of punishable under the Code; or

Elements:
antially provides that a. There is a meeting, a gathering or group of
ossess any firearm or persons, whether in fixed place or moving;
nless no other crime b. The meeting is attended by armed persons;
s that such use of an and
sidered only as an c. The purpose of the meeting is to commit any
ses of homicide or of the crimes punishable under the Code.
ed was in violation of
the Gun Ban, illegal 2. Any meeting in which the audience, whether
t be deemed an armed or not, is incited to the commission of the
crime of treason, rebellion or insurrection,
sedition, or assault upon person in authority or
his agents.
(1988) a. There is a meeting, a gathering or group of
by Kumander Tamang persons, whether in a fixed place or moving;
d other recruits were and
guns and dynamite b. The audience, whether armed or not, is
to attack the house of incited to the commission of the crime of
umander Tamang and treason, rebellion or insurrection, sedition or
der. They went down direct assault.
he house of Kagawad
to the mayor‘s office Persons liable:
rviewed them without 1. The organizer or leaders of the meeting; and
illegal possession of 2. Persons merely present at the meeting, who
must have a common intent to commit the felony
of illegal assembly. [Reyes, Book II]
rearms require the
y to possess it. While
intent is sufficient to
ESGUERRA NOTES

Article 147. Illegal associations

What are illegal associations?

1. Associations totally or partially organized for the

purpose of committing any of the crimes punishable
under the Code; or
2. Associations totally or partially organized for some
purpose contrary to public morals.

Persons liable:

1. Founders, directors and president of the association;

and
2. Mere members of the association.
 Illegal associations Illegal assemblies
It is not necessary that It is necessary that there is
there be an actual meeting an actual meeting or
assembly for the purposes
stated in Article 146
The act of forming or The meeting and
organizing and membership attendance at such meeting
in the association is is punished
punished
Persons liable are the Persons liable are the
founders, directors and organizers or leaders of the
president, and the members meeting and the persons
present at such meeting

The
R.A. No. 8049 of
Anti-Hazing Law faci
unl
CRIMINAL LAW 2
ESGUERRA NOTES

Article 148. Direct assaults

Acts punishable:

1. 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; or

Elements:

a. Offender employs force or intimidation;

b. The aim of the offender is to attain any of
the purposes of the crime of rebellion or any
of the objects of the crime of sedition; and
c. There is no public uprising.

2. Without public uprising, by attacking, by

employing force or by seriously intimidating or by
seriously resisting any person in authority or any
 of the objects of the crime of sedition; and
c. There is no public uprising. Know
perso
2. Without public uprising, by attacking, by infor
employing force or by seriously intimidating or by
seriously resisting any person in authority or any It is
of his agents, while engaged in the performance his a
of official duties, or on occasion of such duty
performance.
Attac
Elements: perf
past
a. Offender makes an attack, employs force, of th
makes a serious intimidation, or makes a
serious resistance; Evide
b. The person assaulted is a person in authority auth
or his agent; perfo
c. At the time of the assault, the person in
authority or his agent is engaged in the Direc
actual performance of official duties, or that o
he is assaulted by reason of the past o
performance of official duties; o
d. Offender knows that the one he is assaulting
is a person in authority or his agent in the
exercise of his duties; and The
e. There is no public uprising. direc
cons
phys
comp
enmity of his people who thereafter treacherously slew
him, the crime is murder with assault upon person in
authority.

Article 149. Indirect Assaults

Elements:
1. A person in authority or his agent is the victim of
any of the forms of direct assault defined in Article
148;
2. A person comes to the aid of such authority or his
agent; and
3. Offender makes use of force or intimidation upon
such person coming to the aid of the authority or
his agent

Indirect assault can be committed only when

direct assault is committed.
t upon a
Barangay Article 150. Disobedience to summons issued by
antes who the National Assembly, its committees or
n he was subcommittees, by the Constitutional
ile in the Commission, its committees, subcommittees or
a person divisions

Acts punishable:

th public 1. By refusing, without legal excuse, to obey

onfronted summons of Congress, its special or standing
the latter committees and subcommittees, the
, accused Constitutional Commissions and its committees,
ct caused subcommittees or divisions, or by any
as treated commission or committee chairman or member
nvicted of authorized to summon witnesses;
2. By refusing to be sworn or placed under
affirmation while being before such legislative or
e offense constitutional body or official;
nant is a 3. By refusing to answer any legal inquiry or to
person in produce any books, papers, documents, or
over, the records in his possession, when required by them
the victim 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
carabao refusal to be sworn by any such body or official.
Barangay
y refused Reason for this article: to give strength to the
he
w
in Article 151. Resistance and disobedience to a
person in authority or the agents of such person

Elements of resistance and serious disobedience:

1. A person in authority or his agent is engaged in

the performance of official duty or gives a lawful
of order to the offender;
le 2. Offender resists or seriously disobeys such
person in authority or his agent; and
his 3. The act of the offender is not included in the
provision of Articles 148, 149 and 150.
on
or Elements of simple disobedience:

1. An agent of a person in authority is engaged in

the performance of official duty or gives a lawful
en order to the offender;
2. Offender disobeys such agent of a person in
authority; and
3. Such disobedience is not of a serious nature.
 serious disobedience under the first type.

Resistance or serious Direct assault

disobedience
The person in authority or The person in authority or
his agent must be in his agent must be
actual performance of his engaged in the
duties performance of official
duties or that he is
assaulted by reason
thereof
May be committed only by (2nd type) may be
resisting or seriously committed by attacking,
disobeying employing force, seriously
intimidating or seriously
resisting
The force employed is not The attack or employment
so serious, as there is no of force must be serious
manifest intention to defy and deliberate. But if the
the law and the officers one resisted is a person in
authority, any degree of
force is direct assault.

Edmund Sydeco v. People (2014)

 Article 152.
emplated consists in the
ey DIRECT ORDER from
y or his agent. [U.S. v.
4, 8 March 1912]
ence, the offended party
f a person in authority.
by the offender against a
he crime is resistance or
der the first type.
Direct assault
The person in authority or
his agent must be
engaged in the
performance of official
duties or that he is
assaulted by reason
thereof
(2nd type) may be
committed by attacking,
employing force, seriously
intimidating or seriously
resisting
The attack or employment
of force must be serious
and deliberate. But if the
one resisted is a person in
authority, any degree of
force is direct assault.
. People (2014)
resistance and serious
Persons in authority and Agents of
persons in authority
A person in authority is one directly vested with
jurisdiction, whether as an individual or as a
member of some court or government
corporation, board or commission.
Vested with jurisdiction – the power and
authority to govern and execute the laws.
Examples of person in authority: division
superintendent of schools, president of sanitary
division (in a municipality), teachers, mayor,
justice of peace, barangay captain and barangay
chairman
An agent of a person in authority is one who,
by direct provision of law or by appointment by
competent authority, is charged with (1) the
maintenance of public order and (2) the
protection and security of life and property.
Examples: barrio councilman, barrio policeman,
barangay leader, any person who comes to the
aid of persons in authority, sheriff, postmaster,
agents of BIR, municipal treasurer, policemen
Teachers, professors and persons charged with
the supervision of public or duly recognized
private schools, colleges and universities, and
lawyers in the actual performance of their
professional duties or on the occasion of such
performance, shall be deemed persons in
authority for purposes of Articles 148 (direct
assault) and 151 (disobedience). By implication,
Article 149 (indirect assault) is also included.
ous
Article 153. Tumults and other disturbances of
public order – tumultuous disturbance or
d in
interruption liable to cause disturbance
der
Acts punishable:
uch
1. Causing any serious disturbance in a public
place, office or establishment;
2. Interrupting or disturbing performances,
g or
functions or gatherings, or peaceful meetings,
blic
if the act is not included in Articles 131 and
are
132;
d.
3. Making an outcry tending to incite rebellion or
sedition in any meeting, association or public
ords
place;
s of
4. Displaying placards or emblems which
n or
provoke a disturbance of public order in such
place; and
5. Burying with pomp the body of a person who
h is
has been legally executed.
to
hed
cry Tumultuous – If caused by more than three
persons who are armed or provided with means of
 Article 154. Unlawful use of means of
publication and unlawful utterances

Acts punishable:

1. Publishing or causing to be published, by means

of printing, lithography or any other means of
publication, as news any false news which may A
endanger the public order; or cause damage to Cri
the interest or credit of the State;
2. Encouraging disobedience to the law or to the
Ca
constituted authorities or praising, justifying or
or
extolling any act punished by law, by the same
means or by words, utterances or speeches; Lig
3. Maliciously publishing or causing to be published Tow
any official resolution or document without
proper authority, or before they have been
published officially
4. Printing, publishing or distributing (or causing the
same) books, pamphlets, periodicals, or leaflets
Eleme
which do not bear the real printer‘s name, or
1.
which are classified as anonymous.
2.
 Article 155. Alarms and scandals

Acts punishable:

1. Discharging any firearm, rocket, firecracker, or

other explosive within any town or public place,
calculated to cause (which produces) alarm of
danger;
2. Instigating or taking an active part in any
charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility;
3. Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements; and
4. Causing any disturbance or scandal in public
places while intoxicated or otherwise, provided
Article 153 is not applicable.
 serenade of discordant noises made on kettles,
tins, horns, etc. designed to annoy and insult.

If the disturbance is of serious nature, the case

falls under Article 153.

Alarms and Scandals Discharge of Firearm

Crime against public order Crime against persons

Calculated to cause alarm Shooting another without

or danger to the public intent to kill
Light felony Less grave felony
Town or public place Anywhere

Article 156. Delivering prisoners from jail

Elements:
1. There is a person confined in a jail or penal
 Calculated to cause alarm Shooting another without
or danger to the public intent to kill
Light felony Less grave felony
Town or public place Anywhere

Article 156. Delivering prisoners from jail

Elements:
1. There is a person confined in a jail or penal
establishment; and
2. Offender removes therefrom such person, or helps
the escape of such person.

Applies to any kind of prisoner, whether detention

prisoner or prisoner by final judgment.

Violence, intimidation or bribery increases the

applicable penalty.
 Article 157. Evasion of service of sentence Article 15
occasion o
Elements:

1. Offender is a convict by final judgment; Elements:

2. He is serving sentence which consists in the
deprivation of liberty; and 1. Offend
3. He evades service of his sentence by escaping confine
during the term of his imprisonment. 2. There i
a. co
b. ea
Qualifying circumstances as to penalty imposed: c. ex
d. sim
If such evasion or escape takes place - e. m
3. He eva
1. By means of unlawful entry (this should be ―by penal
scaling‖ if correct Spanish translation is used); occasio
4. He fail
2. By breaking doors, windows, gates, walls, roofs 48 hou
or floors; by the
3. By using picklock, false keys, disguise, deceit, of such
violence or intimidation; or
4. Through connivance with other convicts or
employees of the penal institution.
The offen

What is
institutio
‗Escape‘ – flee from, to avoid, to get out of the himself u
 Article 158. Evasion of service of sentence on the
occasion of disorders, conflagrations, earthquakes,
or other calamities

Elements:
e
1. Offender is a convict by final judgment, who is
g confined in a penal institution;
2. There is disorder, resulting from –
a. conflagration;
b. earthquake;
c. explosion; or
d. similar catastrophe; or
e. mutiny in which he has not participated;
3. He evades the service of his sentence by leaving the
y penal institution where he is confined, on the
; occasion of such disorder or during the mutiny;
4. He fails to give himself up to the authorities within
s 48 hours following the issuance of a proclamation
by the Chief Executive announcing the passing away
, of such calamity.

r
 sentence.

Mutiny – organized unlawful resistance to a superior

officer, a sedition, a revolt. [People v. Padilla, C.A.,
46 O.G. 2151]

Article 159. Other cases of evasion of service of

sentence (Violation of Conditional Pardon)

Elements:

1. Offender was a convict;

2. He was granted pardon by the Chief Executive;
and
3. He violated any of the conditions of such pardon

A conditional pardon is a contract between the

Chief Executive and the convict. Since it is a
contract, the pardoned convict is bound to fulfill its
conditions and accept all its consequences, not as he
chooses, but according to its strict terms.
proceed against him under Section 64 (1) of the Revised
Administrative Code or 2) proceed against him under
this article of the RPC.

Article 160. Commission of another crime during

service of the penalty imposed for another
previous offense

Elements:

1. Offender was already convicted by final judgment

of one offense; and
2. He committed a new felony before beginning to
serve such sentence or while serving the same.

The second crime must be a felony, that is,

punishable under the Revised Penal Code.

But the first crime for which the offender is serving

 Title Four Chapter Two. Other Falsitie

CRIMES AGAINST PUBLIC INTEREST Section One – Usurpation of a

improper use of names, unifor

Chapter One. Forgeries Article 177. Usurpation of aut

Article 178. Using fictitious n
Section One – Forging the seal of the Government of the name
Philippine Islands, the signature or stamp of the Chief Article 179. Illegal use of unif
Executive
Section Two – False testimony
Article 161. Counterfeiting the great seal of the
Government of the Philippines Article 180. False testimony a
Article 162. Using forged signature or counterfeiting Article 181. False testimony fa
seal or stamp Article 182. False testimony in
Article 183. False testimony in
Section Two – Counterfeiting coins Article 184. Offering false

Article 163. Making and importing and uttering false

coins
Article 164. Mutilation of coins, importation and Chapter Three. Frauds
uttering of mutilated coins
Article 165. Selling of false or mutilated coins, without Section One – Machinations, m
connivance combinations

Section Three – Forging treasury or bank notes, obligations Article 185. Machinations in p
and securities; importing and uttering false or forged notes, Article 186. Monopolies and
obligations and securities of trade

Article 166. Forging treasury or bank notes or other Section Two – Frauds in comm
documents payable to bearer, importing and Article 187. Importation a
uttering of such false or forged notes and marked articles or m
documents silver, or other precio
Article 167. Counterfeiting, importing and uttering Article 188. Substituting and
instruments not payable to bearer trade names or servi
Article 168. Illegal possession and use of forged treasury or Article 189. Unfair comp
bank notes and other instruments of credit registration of trade
Article 169. How Forgery is committed. service mark; fraudu
and false description
Section Four – Falsification of legislative, public, commercial
 bank notes and other instruments of credit re
Article 169. How Forgery is committed. se
an
Section Four – Falsification of legislative, public, commercial
and private documents, and wireless, telegraph and
telephone messages

Article 170. Falsification of legislative documents

Article 171. Falsification by public officer, employee or The crimes in
notary falsity to the
Article 172. Falsification by private individuals and use under this tit
of falsified documents general. Th
Article 173. Falsification of wireless, cable, telegraph and public. This i
telephone messages and use of said falsified this title.
messages

Section Five – Falsification of medical certificates,

certificates of merit or service, and the like Article 161
the Gove
Article 174. False medical certificates, false certificates of Forging th
merit or service
Article 175. Using false certificates
Acts punisha
Section Six – Manufacturing, importing and possession of
instruments or implements intended for the commission of 1. Forging
falsification Philippin
2. Forging
Article 176. Manufacturing and possession of instruments or 3. Forging
implements for falsification
 Chapter Two. Other Falsities

Section One – Usurpation of authority, rank, title and

improper use of names, uniforms and insignia

Article 177. Usurpation of authority or official functions

Article 178. Using fictitious name and concealing true
the name
hief Article 179. Illegal use of uniforms or insignia

Section Two – False testimony

Article 180. False testimony against a defendant

Article 181. False testimony favorable to the defendant
Article 182. False testimony in civil cases
Article 183. False testimony in other cases and perjury
Article 184. Offering false testimony in evidence

Chapter Three. Frauds

 Chapter Three. Frauds

Section One – Machinations, monopolies, and

combinations

s Article 185. Machinations in public auction

, Article 186. Monopolies and combinations in restraint
of trade

r Section Two – Frauds in commerce and industry

d Article 187. Importation and disposition of falsely
d marked articles or merchandise made of gold,
silver, or other precious metals or their alloys
g Article 188. Substituting and altering trade marks and
trade names or service marks
r Article 189. Unfair competition and fraudulent
registration of trade mark or trade name, or
service mark; fraudulent designation of origin,
and false description
l
d
 d public. This is the act that is being punished under
d this title.

s,
Article 161. Counterfeiting the Great Seal of
the Government of the Philippine Islands,
of Forging the Signature or Stamp of the Chief
Executive

Acts punishable:
of
of 1. Forging the great seal of the Government of the
Philippines;
2. Forging the signature of the President; and
or 3. Forging the stamp of the President.
 161 but Falsification by public officer or private
individual under Art. 171 or 172.

Article 162. Using Forged Signature or

Counterfeit Seal or Stamp

Elements:
1. The great seal of the Republic was counterfeited
or the signature or stamp of the Chief Executive
was forged by another person;

2. Offender knew of the counterfeiting or forgery;

and
3. He used the counterfeit seal or forged signature or
stamp.

Offender under this article should not be the

forger. Otherwise, it would fall under Art 161.
 forger. Otherwise, it would fall under Art 161.

Article 163. Making and Importing and Uttering

False Coins

Elements:
1. There be false or counterfeited coins;
2. Offender either made, imported or uttered such
coins; and
3. In case of uttering such false or counterfeited
coins, he connived with the counterfeiters or
importers.

Kinds of coins the counterfeiting of which is punished:

1. Silver coins of the Philippines or coins of the

Central Bank of the Philippines;
2. Coins of the minor coinage of the Philippines or of
the Central Bank of the Philippines; Proh
3. Coin of the currency of a foreign country. Tea

It sh
When is a coin false or counterfeited? muti
will be defrauded.

Article 164. Mutilation of Coins

Acts punishable:

1. Mutilating coins of the legal currency, with the

further requirements that there be intent to
damage or to defraud another; and
2. Importing or uttering such mutilated coins, with
the further requirement that there must be
connivances with the mutilator or importer in
case of uttering.

Requisites of mutilation under the RPC:

(1) Coin mutilated is of legal tender;

(2) Offender gains from the precious metal dust
abstracted from the coin; and
(3) It has to be a coin.
 Pe
ba
Article 165. Selling of False or Mutilated Coin,
without Connivance
(a) o
Philipp
Acts punishable:
1. Possession of coin, counterfeited or mutilated by (b) ci
another person, with intent to utter the same, duly a
knowing that it is false or mutilated; and
(c) do
Elements:
(d) ci
Possession; autho
With intent to utter; and
Knowledge.

2. Actually uttering such false or mutilated coin,

knowing the same to be false or mutilated.

Elements: Ele
Actually uttering; and
Knowledge.

Possession of or uttering false coin does not require

 counterfeiter or importer is not punished as a
separate offense.

Article 166. Forging Treasury or Bank Notes or

Other Documents Payable to Bearer; Importing
and Uttering Such False or Forged Notes and
Documents

Acts punishable:

1. Forging or falsification of treasury or bank notes or

other documents payable to bearer;
2. Importation of such false or forged obligations or
notes; and
3. Uttering of such false or forged obligations or
notes in connivance with the forgers or importers.
authorized to issue the same.

Article 167. Counterfeiting, Importing, and

Uttering Instruments Not Payable to Bearer

Elements:

1. There is an instrument payable to order or

other documents of credit not payable to
bearer;
2. Offender either forged, imported or uttered
such instrument; and
3. In case of uttering, he connived with the forger
or importer.
 Article 168. Illegal Possession and Use of False
Treasury or Bank Notes and Other Instruments of
Credit

Elements:

1. Any treasury or bank note or certificate or other

obligation and security payable to bearer, or any
instrument payable to order or other document of
credit not payable to bearer is forged or falsified by
another person;
2. Offender knows that any of those instruments is
forged or falsified; and
3. He either -
a. uses any of such forged or falsified
instruments; or
b. possesses with intent to use any of such
forged or falsified instruments.

Intent to possess is not intent to use. Mere

personal knowledge that petitioner asked Francis dela
Cruz use the P500.00 bill. Their account, however, is
hearsay and not based on the personal knowledge.

Article 169. How forgery is committed

1. By giving to a treasury or bank note or any

instrument payable to bearer or to order mentioned
therein, the appearance of a true and genuine
document; and

2. By erasing, substituting, counterfeiting, or altering by

any means the figures, letters, words, or sign
contained therein.

Forgery includes falsification and counterfeiting.

Giving checks the appearance of true and genuine


Article 171. Falsification by Public Officer, Employee
or Notary or Ecclesiastical Minister
Elements:
1. Offender is a public officer, employee, or notary
public;
2. He takes advantage of his official position;
3. He falsifies a document by committing any of the
following acts:
a. Counterfeiting or imitating any handwriting,
signature or rubric;
b. Causing it to appear that persons have
participated in any act or proceeding when
they did not in fact so participate;
c. Attributing to persons who have participated
in an act or proceeding statements other
than those in fact made by them;
d. Making untruthful statements in a narration
of facts;
e. Altering true dates;
f. Making any alteration or intercalation in a
genuine document which changes its
meaning;
g. Issuing in an authenticated form a document
purporting to be a copy of an original
document when no such original exists, or
including in such a copy a statement
contrary to, or different from, that of the
genuine original; or
h. Intercalating any instrument or note relative
to the issuance thereof in a protocol,
registry, or official book.
4. In case the offender is an ecclesiastical minister who
shall commit any of the offenses enumerated, with
respect to any record or document of such character
that its falsification may affect the civil status of
persons.
Even if the offender is a public officer but the
Counterfeiting and Feigning
In ―counterfeiting,‖ there must be
or attempt to imitate, and (2)
signatures/handwritings, the genu
forged, bear some resemblance to ea
In ―feigning,‖ there is no origin
handwriting, or rubric but a forgery o
handwriting or rubric that does not e
Making untruthful statements in a nar
facts
There must be a narration of
conclusion of law and there mus
obligation on the part of the accus
the truth of the facts narrated.
The narration of facts must be absolu
the person making such narration m
of the falsity of the facts narrated by
The perversion of truth in the narr
must be made with the wrongful int
a third person. If the document falsi
document, wrongful intent is not esse
There is no falsification by one who
faith.
The fact that one‘s consent to a
obtained by means of violence does
facts narrated therein false.
Legal obligation to disclose the truth
residence certificate.
Altering True Dates - Date must be esse
Altering dates in official receipts
discovery of malversation is falsif
Making alteration or intercalation
Alteration which speaks the
falsification.
The alteration must affect the
change the effects of the docume
Goma v. CA (2009)
ESGUERRA NOTES

Damage or intent to cause da

as the principal thing punish
Article 172. Falsification by Private Individual and public faith and destruction of
Use of Falsified Documents
Lack of malice or criminal
Acts punishable: falsification of public document

1. Falsification of public, official or commercial document

by a private individual; Elements under paragraph 2:
2. Falsification of private document by any person; and
3. Use of falsified document. 1. Offender committed a
falsification except Art
issuing in an authentica
purporting to be a c
document when no suc
Elements under paragraph 1: including in such a copy
to, or different from,
1. Offender is a private individual or public officer or original;
employee who did not take advantage of his official
position; 2. Falsification was comm
2. He committed any act of falsification under Art 171; document; and
and
3. The falsification was committed in a public, official, 3. Falsification causes dam
or commercial document or letter of exchange. at least the falsification
intent to cause such dam

There are four kinds of documents:

(1) Public document in the execution of which, a
person in authority or notary public has taken
part;
(2) Official document in the execution of which a
public official takes part;
(3) Commercial document or any document
recognized by the Code of Commerce or any
commercial law; and
(4) Private document in the execution of which
only private individuals take part.
NOTE: Private document may acquire the character of a
public document when it becomes part of an official
Mere falsification of public doc
it is necessary that it must ca
person or must be committe
such damage.
It is also not necessary that
hoped to profit by the falsificat
When the falsification is a nece
another crime, the two crimes
under Art. 48. Note that the
necessary means must b
commercial.
a. Malversation through fa
 Lack of malice or criminal intent is a defense in
falsification of public document.

ment
Elements under paragraph 2:
nd
1. Offender committed any of the acts of
falsification except Article 171(7), that is,
issuing in an authenticated form a document
purporting to be a copy of an original
document when no such original exists, or
including in such a copy a statement contrary
to, or different from, that of the genuine
or original;
cial
2. Falsification was committed in any private
71; document; and

ial, 3. Falsification causes damage to a third party or

at least the falsification was committed with
intent to cause such damage.

Mere falsification of public document is not enough as

a it is necessary that it must cause damage to a third
 falsification is imperfect. (Reyes) out that Dava‘s licens
and the dates of birt
Falsification of a Public Falsification of a Private not the same. Furthe
document document the license was gen
Mere falsification is enough Prejudice to 3rd person or official was fake. Ac
intent to cause it is enough public document was
Committed by any of the 8 Cannot be committed by the
means under Art 171 ways in par 7 & 8 of Art 171 HELD: While there
Principal thing punished is license was a spuri
violation of public faith and pinpoint the peti
destruction of truth as Unfortunately, howe
therein solemnly proclaimed which prove beyond
the falsification and k
license.
Elements under the last paragraph: The elements of the
in transaction (othe
In introducing in a judicial proceeding - proceeding) penalized
1. Offender knew that the document was 172 are the followin
falsified by another person; document was falsifie
2. The false document is in Articles 171 or 172 document is embra
(1 or 2); and subdivisions Nos. 1 a
3. He introduced said document in evidence in such document (not i
any judicial proceeding. use of the false docu
at last it was used w
In use in any other transaction - Except for the last e
1. Offender knew that a document was falsified been proven beyond
by another person; that it was Dava him
2. The false document is embraced in Articles him a license. He mis
171 or 172 (1 or 2); not at any time been
3. He used such document; and Dava who induced an
4. The use caused damage to another or at seek the aid of fixer
least used with intent to cause damage. not Dava who deal
exculpate him from t
is a principal by indu
crime.
 1 Physician or surgeon who, in con
practice of his profession, issues a
Article 173. Falsification of Wireless, Cable, Telegraph must refer to the illness or injury of
and Telephone Messages, and Use of Said Falsified
Messages [The crime here is false medica
physician.]
Acts punishable:
2 Public officer who issues a false cer
1. Uttering fictitious wireless, telegraph or telephone service, good conduct or similar circ
message;
[The crime here is false certificate
Elements: by a public officer.]
1. Offender is an officer or employee of the government
or an officer or employee of a private corporation, 3 Private person who falsifies a certif
engaged in the service of sending or receiving the classes mentioned in the
wireless, cable or telephone message; and subdivisions.

2. He utters fictitious wireless, cable, telegraph or [The crime is false medical cert
telephone message. person or false certificate of meri
private person]

2. Falsifying wireless, telegraph or telephone message; and

Elements: The falsification of the certificate

1. Offender is an officer or employee of the government is not covered by Art 174 but by A
or an officer or employee of a private corporation,
engaged in the service of sending or receiving Certificate of residence for votin
wireless, cable or telephone message; and certificate of ―similar circumstance

2. He falsifies wireless, cable, telegraph or telephone

message.

3. Using such falsified message.

Elements:
1. Offender knew that wireless, cable, telegraph, or
telephone message was falsified by an officer or
employee of the government or an officer or employee
of a private corporation, engaged in the service of
sending or receiving wireless, cable or telephone
message;
2. He used such falsified dispatch; and
3. The use resulted in the prejudice of a third party or at
least there was intent to cause such prejudice.
 ecks without who forge or alter telegram by a fine of not more
the people than P100.
signatures of
hat the true
hen in truth; Article 174. False Medical Certificates, False
not required Certificates of Merit or Service, Etc.
judice to the
Persons liable:

1 Physician or surgeon who, in connection with the

practice of his profession, issues a false certificate (it
able, Telegraph must refer to the illness or injury of a person);
Said Falsified
[The crime here is false medical certificate by a
physician.]

2 Public officer who issues a false certificate of merit of

ph or telephone service, good conduct or similar circumstances; and

[The crime here is false certificate of merit or service

by a public officer.]
of the government
ivate corporation, 3 Private person who falsifies a certificate falling within
ding or receiving the classes mentioned in the two preceding
e; and subdivisions.

ble, telegraph or [The crime is false medical certificate by private

person or false certificate of merit or service by a
private person]

one message; and

ESGUERRA NOTES

Article 175. Using False Certificates

Elements:
Ac
1. The following issues a false certificate:
1.
a. Physician or surgeon, in connection with the
E
practice of his profession, issues a false certificate;
b. Public officer issues a false certificate of merit of
service, good conduct or similar circumstances;
and
c. Private person falsifies a certificate falling within
the classes mentioned in the two preceding
subdivisions.
2.
2. Offender knows that the certificate was false;
E
3. He uses the same.

When any of the false certificates mentioned in Art.

 not apply because the use of false document in
judicial proceeding under Art 172 is limited to those
false documents embraced in Arts 171 and 172.

Article 176. Manufacturing and Possession of

Instruments or Implements for Falsification

Acts punishable:

1. Making or introducing into the Philippines any

stamps, dies, marks, or other instruments or
implements for counterfeiting or falsification; and

2. Possessing with intent to use the instruments or

implements for counterfeiting or falsification
made in or introduced into the Philippines by
another person.

It is not necessary that the implements confiscated

form a complete set for counterfeiting. It is enough
es Article 177. Usurpation of Authority or Official
Functions

Acts punishable

1. Usurpation of authority; and

with the
Elements:
certificate;
1. Offender knowingly and falsely represents himself;
of merit of
and
umstances;
2. As an officer, agent or representative of any
department or agency of the Philippine government
lling within
or of any foreign government.
preceding
2. Usurpation of official functions.
se;
Elements:

1. Offender performs any act;

2. Pertaining to any person in authority or public
ed in Art. officer of the Philippine government or any foreign
172 does government, or any agency thereof;
ument in 3. Under pretense of official position; and
d to those 4. Without being lawfully entitled to do so.
172.

There must be positive, express and explicit

representation. Such false representation may be
 aining to an
1. Offender conceals his true name and other personal
circumstances;
Article and
178. Using Fictitious Name and Concealing
2. Purpose is only to conceal
True Name his identity.
estigation for
(2013) Acts punishable:
to PAL legal
permits to
d that he be A fictitious name is any other name which a person
us recipients. 1. publicly
Using fictitious
nted, and he
y or official applies toname; and
himself without authority of law.
und that he Elements:
ermits, such Causing damage must be to public interest. If it is
usurpation of
partment of damage to private interest, the crime will be estafa
represented 1. Offender uses a name other than his real name;
went to PAL under Art 315,subdivision 2 paragraph (a).
2. He uses the fictitious name publicly; and
knew he was 3. Purpose of use is to conceal a crime, to evade the
he notice
. Good of
faith Signing fictitious
execution of name in an application
a judgment fordamage
or to cause passport[to
been charged
surpation of is publicly using such
public interest fictitious name.
- Reyes].
dismissal
dinarily used or 2. Concealing true name
because
honestyboth of Where a person takes the place of another who has
nt himself
rcumstances as been convicted by final judgment, he is guilty of
Elements:
taining to an
It is actually using a fictitious name under Art 178 and not
g internal, it evasion
1. of service
Offender concealsofhissentence
true namebecause thepersonal
and other real
self-serving convict alone is guilty
circumstances; andthereof.
ence of his 2. Purpose is only to conceal his identity.

e (2013)
d
usepermits
he actedto Use of Fictitious name Concealing true name
us recipients. A fictitious name is any other name which a person
made by the Element of publicity must Element of publicity is not
ty or official publicly applies to himself without authority of law.
th the public be present necessary
ound that he Purpose is damage
to conceal a toPurpose is merelyIftoit conceal
a badge of Causing must be public interest. is
permits, such crime, to evade the identity
Ruzol‘s good damage to private interest, the crime will be estafa
epartment of execution of 315,subdivision
a judgment or 2 paragraph (a).
movement of under Art
). to cause damage
abuse and
This reason alone dictates the dismissal of the petition ci
under CA No. 142 and the terms of Ursua case. n
sa
re

Article 179. Illegal Use of Uniforms or Insignia A

im
Elements: o

1. Offender makes use of insignia, uniforms or dress;

2. The insignia, uniforms or dress pertains to an office
not held by such person or a class of persons of
which he is not a member; and
3. Said insignia, uniform or dress is used publicly and
improperly.
 t

1. False testimony in criminal cases (Arts 180, 181) H

2. False testimony in civil case (Art 182) d
3. False testimony in other cases (Art 183) c
F
o
Article 180. False Testimony against A Defendant

Elements:
1. There is a criminal proceeding;
2. Offender testifies falsely under oath against the
defendant therein;
3. Offender who gives false testimony knows that it is false;
and
4. Defendant against whom the false testimony is given is
either acquitted or convicted in a final judgment.

Penalty for false testimony depends upon the sentence of

the defendant against whom false testimony was given.

The defendant in the principal case must be sentenced at

 offense until the principal case is decided.
fendant

Article 181. False Testimony Favorable to the

gainst the Defendant

Elements:
t it is false;
1. A person gives false testimony;
2. In favor of the defendant; and
is given is
3. In a criminal case.
nt. CRIMINAL LAW 2
ESGUERRA NOTES
Conviction or acquittal of defendant in principal case,
ntence of not necessary as it is sufficient that the defendant is
The ass
given. prosecuted for a felony punishable by afflictive
Article 182. False Testimony in Civil Cases deliberat
penalty or by other penalty.
perjury.
tenced at Elements:
False testimony favorable to the defendant is equally
ave been The phra
repugnant to the orderly administration of justice.
y testified 1. Testimony given in a civil case; that the
Testimony
2.False testimonyrelates to thebecause
is punished issues of
presented in said
its tendency by law.
case;or to prejudice the defendant.
to favor which th
ven if his 3. Testimony is false; no law
s the law Offender
4.False knows
testimony by that testimony
negative is false;
statement is inand
favor of oath, as
ony. Testimony is malicious and given with an intent to
5.defendant. sufficien
affect the issues presented in said case.
False testimony in favor of defendant need not Two con
directly influence the decision of acquittal nor benefit to convi
husband the defendant as it is sufficient that it was given to prove w
of blows. The testimony given in the civil case must be false. evidence
favor the accused.
 to convict for perjury because the prosecution must
g as it applies only to proveArticle
which 183. False
of the twoTestimony
statementsin is
Other
falseCases and
by other
e must be false. Perjury in Solemn Affirmation
evidence than the contradictory statement.
ntfalse
of the controversy.
testimony is Acts punishable:
it applies only to Article 183. False Testimony in Other Cases and
ccional in its minimum 1. FalselyPerjury
testifying
inunder oath;
Solemn and
Affirmation
exceed 6,000 pesos, if 2. Making a false affidavit.
rsy shall exceed 5,000
he controversy. Acts punishable:
of arresto mayor in its
Elements of perjury:
sion correccional in its
al
ineinnot
itsto minimum
exceed 1,000 1. Falsely testifying under oath; and
ed 6,000 pesos,
n controversy shall if not 2. 1.Making a false
Offender affidavit.
makes a statement under oath or executes an
hall exceed 5,000
annot be estimated. affidavit upon a material matter;
resto mayor in its 2. The statement or affidavit is made before a competent
Elements of perjury:
correccional in its officer, authorized to receive and administer oaths;
ot to by
tion exceed
which1,000
a person 3. Offender makes a willful and deliberate assertion of a
troversy
onscience shall not an
to perform 1. Offender makes
falsehood a statement
in the under
statement or oath and
affidavit; or executes an
be estimated. 4.affidavit upon a
The sworn material or
statement matter;
affidavit containing the falsity
2. The statement or affidavit is is,
is required by law, that madeit is madea for
before a legal
competent
tatement in writing; a purpose.
officer, authorized to receive and administer oaths;
upon oathaorperson
by which before an 3. Offender makes a willful and deliberate assertion of a
er. to perform an
ence falsehood in the statement or affidavit; and
4. The
Thesworn statement
direct induction of or affidavit
a person by containing the falsity
another to commit
covers false oaths other isperjury
required by law,
is treated that perjury.
as plain is, it isThe
made
one for a legal
inducing
e of judicial proceedings. purpose.
another is principal by induction and the latter as
ent in writing; a
complaint may give rise principal by direct participation.
oath or before an

fact which is the subject The direct

Falseinduction
testimony of a person by another to commit
Perjury
srcumstance
false oathswhich
othertends perjury is treated Perversions
as plain perjury.
dicial proceedings.which of truthThe one inducing
t or circumstance another is principal by induction and thein latter as
laint maythe
givetestimony
rise Given in the course of Not given judicial
engthen principal by direct participation.
judicial proceeding proceeding
iry or which legitimately
ss who testifies. Contemplates an actual
May be committed during
which is the subject trial preliminary investigation
False testimony and inPerjury
making false
roof of which
stance materiality.
tends The
directed to prove a fact
Perversions ofaffidavits
truth
ircumstance which
Given in the course of Not given in judicial
en the testimony
judicial proceeding proceeding
he
is HELD: A suborner can be charged as principal by
n directly participating in the crime of perjury. Reyes was
ue initially a principal by induction as defined in Article 17.
But his subsequent act of cooperating and participating
in the false affidavit made him a principal by direct
he participation. Therefore, he can be charged of perjury.
n
nt Article 184. Offering False Testimony in Evidence
r,
in Elements:
ul 1. Offender offers in evidence a false witness or
he testimony;
is 2 He knows that the witness or the testimony was false;
and
3. The offer is made in any judicial or official proceeding.
th
er
th To consummate the offense, the witness or testimony
must be offered in evidence. Offer of evidence begins
the moment the witness is called to the witness stand
wn and interrogated by counsel.

Art. 184 applies when the offender without inducing

another, but knowing him to be a false witness,
 or outcome
proceedings
Article 185. Machinations in Public Auctions
Soliciting,
Acts punishable: any benefi
from, dis
1. Soliciting any gift or promise as a consideration for prosecution
refraining from taking part in any public auction; and
Threatening
Elements: with the i
1. There is a public auction; person, ho
2. Offender solicits any gift or a promise from immediate
any of the bidders; in order
3. Such gift or promise is the consideration for appearing
his refraining from taking part in that public proceedings
auction; and condition, w
4. Offender has the intent to cause the prevent a
reduction of the price of the thing auctioned. investigation
criminal case
2. Attempting to cause bidders to stay away from an
auction by threats, gifts, promises or any other artifice. Giving of f
mislead or
Elements: agencies fro
1. There is a public auction; protecting th
2. Offender attempts to cause the bidders to stay
away from that public auction; Fabricating
3. It is done by threats, gifts, promises or any gathered
other artifice; and authorities
4. Offender has the intent to cause the reduction information
of the price of the thing auctioned. publishing o
the investiga
ESGUERRA NOTES
Article 186. Monopolies and Combinations in
Restraint of Trade
Acts punishable:
1. Combination to prevent free competition in the
market;
Elements:
1. Entering into any contract or agreement or taking
part in any conspiracy or combination in the form
of a trust or otherwise; and
2. In restraint of trade or commerce or to prevent
by artificial means free competition in the
market.
2. Monopoly to restrain free competition in the market;
Elements:
1. By monopolizing any merchandise or object of
trade or commerce, or by combining with any
other person or persons to monopolize said
merchandise or object;
2. In order to alter the prices thereof by spreading
false rumors or making use of any other artifice;
and
3. To restrain free competition in the market
3. Manufacturer, producer, or processor or importer
combining, conspiring or agreeing with any person
to make transactions prejudicial to lawful commerce
or to increase the market price of merchandise.
Elements:
1. Manufacturer, producer, processor or importer of
any merchandise or object of commerce;
2. Combines, conspires or agrees with any person;
and
3. Purpose is to make transactions prejudicial to
lawful commerce or to increase the market price
of any merchandize or object of commerce
manufactured, produced, processed, assembled
or imported into the Philippines.
Article 187. Importation and Disposition o
Marked Articles or Merchandise Made of Gol
or Other Precious Metals of Their Allo
Elements:
1. Offender imports, sells or disposes article
gold, silver, or other precious metals or their
2. The stamps, brands, or marks of those
merchandise fail to indicate the actual f
quality of said metals or alloys; and
3. Offender knows that the stamps, brands, or
to indicate the actual fineness or quality of
or alloys.
Articles involved are those made of gold, silver
precious metals or their alloys.
Selling the misbranded articles is not necessa
there must be evidence showing that the article
imported.
Art 187 does not apply to manufacturer of misb
articles made of gold, silver, other precious me
their alloys.
Article 188. Substituting and Altering Trad
Trade names, or Service Marks
Acts punishable:
1. Substituting the trade name or trademark
other manufacturer or dealer, or a colorabl
thereof for the trade name or trademark
manufacturer or dealer upon any article of
and selling the same;
2. Selling or offering for sale such articles of
knowing that the trade name or trademark
fraudulently used;
3. Using or substituting the service mark of s
person, or a colorable imitation of such m
sale or advertising of his services; and
4. Printing, lithographing or reproducing tra
trademark, or service mark of one per
colorable imitation thereof to enable another
fraudulently use the same knowing the
purpose for which it is to be used.
 UP College of Law

Article 187. Importation and Disposition of Falsely

Marked Articles or Merchandise Made of Gold, Silver,
or Other Precious Metals of Their Alloys

Elements:

1. Offender imports, sells or disposes articles made of

gold, silver, or other precious metals or their alloys;
2. The stamps, brands, or marks of those articles of
merchandise fail to indicate the actual fineness or
quality of said metals or alloys; and
3. Offender knows that the stamps, brands, or marks fail
to indicate the actual fineness or quality of the metals
or alloys.

Articles involved are those made of gold, silver, other

precious metals or their alloys.
Article 187. Importation and Disposition of Falsely
Marked Articles or Merchandise Made of Gold, Silver,
or Other Precious Metals of Their Alloys

Elements:

1. Offender imports, sells or disposes articles made of

gold, silver, or other precious metals or their alloys;
2. The stamps, brands, or marks of those articles of
merchandise fail to indicate the actual fineness or
quality of said metals or alloys; and
3. Offender knows that the stamps, brands, or marks fail
to indicate the actual fineness or quality of the metals
or alloys.

Articles involved are those made of gold, silver, other

 La Chemise Lacoste vs. F
FACTS: In 1975, Hemandas & C
Article 189. Unfair Competition, Fraudulent issued registration for the
Registration of Trade Name, Trademark, or LACOSTE & CROCODILE DEVI
Service Mark, Fraudulent Designation of Origin, Patent Office for use on T-shirts
and False Description garment products of the compan

Acts punishable: La Chemise Lacoste, S.A.,the ac

1. Unfair competition;
Elements:
a. By selling his goods;
b. Giving them the general appearance of the
goods of another manufacturer or dealer;
c. The general appearance is shown in the goods
themselves, or in the wrapping of their
packages, or in the device or words therein,
or in any feature of their appearance; and
d. There is actual intent to deceive the public or
defraud a competitor.
2. Fraudulent designation of origin; false description;
and
Elements:
1. By affixing to his goods or using in connection
with his services a false designation of origin,
or any false description or representation; and
2. Selling such goods or services.
3. Fraudulent registration
Elements:
"LACOSTE", "CHEMISE LACOSTE
used on clothings and sporting
filed a Petition for Cancellation o
as it is claiming prior registration
HELD: The records show th
reputation of La Chemise pro
LACOSTE date back even befor
clothing apparels were first mar
To allow Hemandas to continu
Lacoste for the simple reason
registrant of a trademark
commerce and not belonging
nugatory the very essence of the
tradenames.
The purpose of the law is to
origin or ownership of the article
secure to him, who has been i
into a market a superior article o
of his industry and skill, and
imposition. It is based on the
integrity and common justice.
REPUBLIC ACT N

1. By procuring fraudulently from the patent The Intellectual Property Co

office; and TRADEMARKS, TRADENAME
2. The registration of trade name, trademark or
service mark
What acts are punishable?

1. Infringement
ESGUERRA NOTES

Title Six
Presc
CRIMES AGAINST PUBLIC MORALS
Who a
Chapter One. Gambling and Betting

Article 195. Gambling 1. Any

succee
Article 196. Importation, sale and possession of lottery
directly
tickets or advertisements
unauth
Article 197. Betting in sport contests (REPEALED)
Article 198. Illegal betting on horse races What a
Article 199. Illegal cockfighting
-
Chapter Two. Offenses against Decency and Good
Custom

Article 200. Grave scandal

Article 201. Immoral doctrines, obscene publications
and exhibitions
Article 202. Vagrancy and prostitution
-
 whether u
consisting
represent

Article 195. Gambling 2. Any person who

gambling referred
Acts punishable: be carried on in inh
building, vessel or
or controlled by him
1. Taking part, directly or indirectly, in –

a. any game of monte, jueteng, or any other form of

lottery, policy, banking, or percentage game, dog 3. The maintainer
races, or any other game or scheme, the results of schemes.
which depend wholly or chiefly upon chance or
hazard; or wherein wagers consisting of money, 4. Any person who
articles of value, or representative of value are purpose in any ho
made; or list, paper or othe
signs or symbols pe
b. the exploitation or use of any other mechanical the games of juete
and similar games
invention or contrivance to determine by chance
taken place or abou
the loser or winner of money or any object or
representative of value;
5. Any barangay
2. Knowingly permitting any form of gambling to be carried the existence of
jurisdiction fail to
on in any place owned or controlled by the offender;
connection therewit
3. Being a maintainer, conductor, or banker in a game of
jueteng or similar game; 6. Any security o
4. Knowingly and without lawful purpose possessing lottery private or hous
list, paper, or other matter containing letters, figures, buildings, enclosur
signs or symbol which pertain to or are in any manner reputation of a g
used in the game of jueteng or any similar game. activities are being

Penalty is higher:
Knowingly permitting gambling to be carried on in a
place owned or controlled by the offender (2nd
mode of violating this article)

Elements:

1. That a gambling game was carried on in an

inhabited or uninhabited place or in any
building, vessel, or other means of
transportation;
2. That the place, building, vessel or other means
of transportation is owned or controlled by the
offender; and
3. That the offender permitted the carrying on of
such game, knowing that it is a gambling
game.
and the betting is not disguised to defeat the intent of
P.D. No. 1602

Article 196. Importation, sale and possession of

lottery tickets or advertisements

Acts punishable:

1. Importing into the Philippines from any foreign

place or port any lottery ticket or advertisement; or
2. Selling or distributing the same in connivance with
the importer;
3. Possessing, knowingly and with intent to use them,
lottery tickets or advertisements; or
4. Selling or distributing the same without
connivance with the importer of the
same.[Reyes, Book II]

The possession of any lottery ticket or advertisement

is prima facie evidence of an intent to sell, distribute
CRIMINAL LAW 2
ESGUERRA NOTES

Article No. 197. Betting in sports contests –

REPEALED BY PD No. 483
Article 198. Illegal Betting
PD No. 483
Penalizing Betting, Game-fixing or Point Shaving Acts punishable:
in Sports Contests
1. Betting on horse races during p
SECTION 1. Definitions. — For purposes of this Decree, law;
the following terms shall mean and be understood to be 2. Maintaining or employing a total
as hereunder indicated: scheme for betting on races
a. Betting — betting money or any object or article of therefrom during the periods not
value or representative of value upon the result of
any game, races and other sports contest.
b. Game-fixing — any arrangement, combination,
scheme or agreement by which the result of any
game, races or sports contests shall be predicted When horse races not allowed:
and/or known other than on the basis of the honest
playing skill or ability of the players or participants. 1. July 4 (Republic Act No. 137);
c. Point-shaving — any such arrangement, 2. December 30 (Republic Act No.
combination, scheme or agreement by which the 3. Any registration or voting day
skill or ability of any player or participant in a 180, Revised Election Code); an
game, races or sports contests to make points or 4. Holy Thursday and Good Frida
scores shall be limited deliberately in order to 946).
influence the result thereof in favor of one or other
team, player or participant therein.
d. Game-machinations — any other fraudulent,
A totalizer is a machine for
deceitful, unfair or dishonest means, method,
indicating the number and nature
manner or practice employed for the purpose of
horse races. The penalty is higher
influencing the result of any game, races or sport
is employed.
contest.
Any race held on the same day
place shall be held punishable as a
SECTION 2. Betting, game-fixing, point-shaving or
If the violation is committed by
game machination unlawful. — Game-fixing, point-
corporation, or association, the p
shaving, machination, as defined in the preceding
directors or managers shall be
section, in connection with the games of basketball,
principals in the offense if they hav
volleyball, softball, baseball; chess, boxing bouts, "jai-
knowingly tolerated its commission
alai", "sipa", "pelota" and all other sports contests,
Horse races may be carried on at
games or races; as well as betting therein except as
and prizes or gifts may be offered
may be authorized by law, is hereby declared unlawful.
the winner in said races, pro
accompanied by any betting, or th
or other devices for betting money
SECTION 3. Penalty. — Any violation of this Decree, or
of the rules and regulations promulgated in accordance
 UP College of Law

contests –
contests –
Article 198. Illegal Betting on horse races
Article 198. Illegal Betting on horse races
nt Shaving Acts punishable:
nt Shaving Acts punishable:
1. Betting on horse races during periods not allowed by
1. Betting on horse races during periods not allowed by
law;
this Decree, law;
this Decree,
rstood to be 2. Maintaining or employing a totalizer or other device or
rstood to be 2. scheme fororbetting
Maintaining employing
on a races
totalizer
oror realizing
other device or
profit
scheme for betting on races or realizing profit
or article of therefrom during the periods not allowed by law.
or article of therefrom during the periods not allowed by law.
the result of
the
st. result of
st.
combination,
combination,
esult of any
esult of any
be predicted When horse races not allowed:
be predicted When horse races not allowed:
f the honest
of the honest
participants. 1. July 4 (Republic Act No. 137);
participants. 1. July 4 (Republic Act No. 137);
rrangement, 2. December 30 (Republic Act No. 229);
rrangement, 2. December 30 (Republic Act No. 229);
y which the 3. Any registration or voting days (Republic Act No.
y which the 3. Any registration or voting days (Republic Act No.
icipant in a 180, Revised Election Code); and
icipant in a 180, Revised Election Code); and
ke points or 4. Holy Thursday and Good Friday (Republic Act No.
ke points or 4. Holy Thursday and Good Friday (Republic Act No.
in order to 946).
in order to 946).
one or other
one or other
fraudulent,
fraudulent, A totalizer is a machine for registering and
ns, method, A totalizer is a machine for registering and
ns, method, indicating the number and nature of bets made on
purpose of indicating the number and nature of bets made on
purpose of horse races. The penalty is higher when this device
ces or sport horse races. The penalty is higher when this device
ces or sport is employed.
is employed.
Any race held on the same day and at the same
 the winner in said races, provided it is not
accompanied by any betting, or the use of totalizer
or other devices for betting money on horse races.

Article 199. Illegal cockfighting

Acts punishable:

1. Directly or indirectly participating in cockfights, by

betting money or other valuable things, or organizing
cockfights at which bets are made, on a day other
than those permitted by law;
2. Directly or indirectly participating in cockfights, by
betting money or other valuable things, or organizing
such cockfights, at a place other than a licensed
cockpit.

Cockfighting Law of 1974

 CRIMINAL LAW 2
ESGUERRA NOTES

Article 200. Grave Scandal

Elements:

1. Offender performs an act or acts;

2. Such act or acts be highly scandalous as offending
against decency or good customs;
3. The highly scandalous conduct is not expressly falling
within any other article of this Code; and
4. The act or acts complained of be committed in a public
place or within the public knowledge or view.

Grave scandal consists of acts which are offensive to

decency and good customs which, having been
committed publicly, have given rise to public scandal
Scandal
publications and exhibitions, and indecent shows
Who are liable?
andalous as offending
; 1.
is not expressly falling
de; and
e committed in a public 2.
dge or view.
hich are offensive to
which, having been
ise to public scandal
tally witnessed the
conduct; proper
s of modesty, good
d usage, social
on and enforced by
n thereof.
t can cause public
nessing them.
nder are punishable 3.
this article is not
n a public place or
view.
Article 201. Immoral doctrines, obscene
Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;
(a) The authors of obscene literature, published
with their knowledge in any form, the editors
publishing such literature; and the
owners/operators of the establishment selling the
same;
(b) Those who, in theaters, fairs, cinematographs,
or any other place, exhibit indecent or immoral
plays, scenes, acts, or shows, it being understood
that the obscene literature or indecent or immoral
plays, scenes, acts or shows, whether live or in
film, which are proscribed by virtue hereof, shall
include those which: (1) glorify criminals or
condone crimes; (2) serve no other purpose but to
satisfy the market for violence, lust or
pornography; (3) offend any race, or religion; (4)
tend to abet traffic in and use of prohibited drugs;
and (5) are contrary to law, public order, morals,
good customs, established policies, lawful orders,
decrees and edicts; and
Those who shall sell, give away, or exhibit films,
prints, engravings, sculptures, or literature which
are offensive to morals.
orfeited
to be
Article 202. Vagrants and prostitutes
ited in
troyed, Who are vagrants?
nducted
1. Any person having no apparent means of
rfeiture subsistence, who has the physical ability to work
Defense and who neglects to apply himself or herself to
some lawful calling;
icial or 2. Any person found loitering about public or semi-
nalty is public buildings or places or trampling or wandering
cessory about the country or the streets without visible
means of support;
under 3. Any idle or dissolute person who ledges in houses
tion of of ill fame;
4. Ruffians or pimps and those who habitually
associate with prostitutes;
5. Any person who, not being included in the
provisions of other articles of this Code, shall be
of the found loitering in any inhabited or uninhabited
d to be place belonging to another without any lawful or
justifiable purpose;
6. Prostitutes, who are women who, for money or
bscene profit, habitually indulge in sexual intercourse or
ty, and lascivious conduct.
ked by
ity but
 Title Seven Chapter Six. Other Offenses o
Officers
CRIMES COMMITTED BY PUBLIC OFFICERS
Section One – Disobedience,
Chapter One. Preliminary Provisions maltreatment of prisoners
Article 231. Open disobe
Article 203. Who are public officers Article 232. Disobedience t
when said order wa
Chapter Two. Malfeasance and Misfeasance in Office officer
Article 233. Refusal of as
Section One – Dereliction of duty Article 234. Refusal to di
Article 204. Knowingly rendering unjust judgment Article 235. Maltreatmen
Article 205. Judgment rendered through negligence
Article 206. Unjust interlocutory order Section Two – Anticipation,
abandonment of the duti
Article 207. Malicious Delay in the administration of
office
justice
Article 236. Anticipation
Article 208. Prosecution of offenses; negligence &
office
tolerance Article 237. Prolonging t
Article 209. Betrayal of trust by attorney – revelation and Powers
of secrets Article 238. Abandonmen

Section Two – Bribery Section Three – Usurpation

Article 210. Bribery appointments
Article 211. Indirect bribery Article 239. Usurpation o
Article 211-A. Qualified bribery Article 240. Usurpation o
Article 212. Corruption of public officials Article 241. Usurpation o
Article 242. Disobeying r
Chapter Three. Frauds and Illegal Exactions and Transactions Article 243. Orders or re
officers to any judicial
Article 213. Frauds against the public treasury and Article 244. Unlawful app
similar offenses.
Section Four – Abuses again
Article 214. Other Frauds
Article 245. Abuses again
Article 215. Prohibited Transactions
Article 216. Possession of prohibited interest by a
public officer

Chapter Four. Malversation of Public Funds or Property Article 203. Who a

 Article 216. Possession of prohibited interest by a
public officer

Chapter Four. Malversation of Public Funds or Property Article 203. Who

Article 217. Malversation of public funds Requisites to be a public off

Article 218. Failure of accountable officer to render
accounts 1. Taking part in the per
Article 219. Failure of accountable officer to render in the government;
accounts before leaving the country
Article 220. Illegal use of public funds or property
Article 221. Failure to make delivery of public funds or
property Performing in said g
Article 222. Officers included in the preceding branches public dutie
provisions subordinate official, or

2. His authority to take

Chapter Five. Infidelity of Public Officers
public functions or to
be:
Section One – Infidelity in the custody of prisoners
Article 223. Conniving with or consenting to evasion a. By direct provision
Article 224. Evasion through negligence b. By popular electio
Article 225. Escape of prisoner under the custody of a c. By appointment b
person not a public officer

Section Two – Infidelity in the custody of documents

Article 226. Removal, concealment, or destruction of Embraces every public
lowest.
documents
Laborer, unless tempo
Article 227. Officer breaking seal
of a public officer, is not
Article 228. Opening of closed documents

Section Three – Revelation of secrets

Article 229. Revelation of secrets by an officer
Article 230. Public officer revealing secrets of private
individual
Seven Chapter Six. Other Offenses or Irregularities by Public
Officers
BY PUBLIC OFFICERS
Section One – Disobedience, refusal of assistance and
ns maltreatment of prisoners
Article 231. Open disobedience
officers Article 232. Disobedience to order of superior officer,
when said order was suspended by inferior
sfeasance in Office officer
Article 233. Refusal of assistance
y Article 234. Refusal to discharge elective office
ring unjust judgment Article 235. Maltreatment of prisoners
red through negligence
ory order Section Two – Anticipation, prolongation and
abandonment of the duties and powers by public
n the administration of
office
Article 236. Anticipation of duties of a public
fenses; negligence &
office
Article 237. Prolonging the performance of duties
by attorney – revelation and Powers
Article 238. Abandonment of office or position

Section Three – Usurpation of powers and unlawful

appointments
Article 239. Usurpation of legislative powers
ry Article 240. Usurpation of executive functions
blic officials Article 241. Usurpation of judicial functions
Article 242. Disobeying request for disqualification
Exactions and Transactions Article 243. Orders or requests by executive
officers to any judicial authority
he public treasury and Article 244. Unlawful appointments

Section Four – Abuses against chastity

Article 245. Abuses against chastity – Penalties
actions
ohibited interest by a
 Article 203. Who are public officers

Requisites to be a public officer:

1. Taking part in the performance of public functions

in the government;

or

Performing in said government or in any of its

branches public duties as an employee, agent or
subordinate official, or any rank or class;

2. His authority to take part in the performance of

public functions or to perform public duties must
be:

a. By direct provision of the law;

b. By popular election; or
of a c. By appointment by competent authority.

Embraces every public servant from highest to

 Unjust judgment is the final determination and
consideration of a court of competent jurisdiction
Article
upon 204. Knowingly
the matters rendertounjust
submitted judgment
it which is contrary
to law or is not supported by evidence or both.
1. Offender
When renderedis a judge;
knowingly – An unjust judgment
2. Hemust renders
be made a judgment
deliberatelyin aand
case submitted(from
maliciously to
him
error,forill-will,
decision;revenge or bribery). Thus, one does
3. Judgment
not incur any is unjust;
liabilityand
for a mere error in good faith.
4. The
There judge
must knows that his judgment
be evidence is unjust.
that the judge knew that
his judgment is unjust.
Unjust judgment is the final determination and
consideration
Article of a court rendered
205. Judgment of competent jurisdiction
through
upon the matters submitted to it which is contrary
negligence
to law or is not supported by evidence or both.
1. When
Offenderrendered knowingly
is a judge; and – An unjust judgment
2. must be made
He renders deliberately
a judgment in aand maliciously
case submitted(from
to
error,
him forill-will,
decision;revenge or bribery). Thus, one does
3. not
The incur any liability
judgment for a mere
is manifestly error
unjust; andin good faith.
4. There
It is must
due be to evidence that the judge
his inexcusable knew or
negligence that
his judgment is unjust.
ignorance.

Article 205. Judgment rendered through

 Article 206. Unjust interlocutory order
UP College of Law
1. Offender is a judge;
2. He performs any of the following acts:
a. Knowingly rendering an unjust interlocutory
order or decree; or
me b. Rendering a manifestly unjust interlocutory
order ororder‖
―Interlocutory decree is through
a courtinexcusable
order
at between negligence or ignorance.
the commencement and the end of a
suit or action and which decides some point or
matter but which however is not a final decision
h of the matter in issue.
Article 207. Malicious Delay in the administration
a of justice

1. Offender is a judge;
h 2. There is a proceeding in his court;
3. He delays in the administration of justice; and
4. The delay is malicious, that is, with deliberate
intent to inflict damage on either party in the
case. (malice must be proven)

Article 208. Prosecution of offenses; negligence

& tolerance (PREVARICACION)
 case. (malice must be proven)

Article 208. Prosecution of offenses; negligence

& tolerance (PREVARICACION)

Acts Punishable:

1. Maliciously refraining from instituting prosecution

against violators of the law; and
2. Maliciously tolerating the commission of offenses.

Elements of dereliction of duty in the prosecution of

offenses:

1. Offender is a public officer or officer of the law

who has a duty to cause the prosecution of, or to
prosecute, offenses;
2. There is a dereliction of the duties of his office, that
is, knowing the commission of the crime, he does
not cause the prosecution of the criminal, or
knowing that a crime is about to be committed, he
tolerates its commission; and
3. Offender acts with malice and deliberate intent to
favor the violator of the law
 Article 209. Betrayal of trust by attorney -
revelation of secrets Elements:

Acts punishable: 1. Offender

Article 20
1. Causing damage to his client, either: 2. Offender
gift or pre
a. By any malicious breach of professional 3. Such offe
duty; received b
b. By inexcusable negligence or ignorance.
a. With a vie
Note: When the attorney acts with malicious b.
abuse of his employment or inexcusable which
negligence or ignorance, there must be damage must
to his client. c. To refrain
official duty to
2. Revealing any of the secrets of his client learned
by him in his professional capacity; and 4. The
which h
Note: Damage is not necessary [Reyes, Book II] performan

3. Undertaking the defense of the opposing party in

the same case, without the consent of his first
client, after having undertaken the defense of In Maniego v
said first client of after having received 1951) the Su
confidential information from said client. of punishing
public functio
Note: If the client consents to the attorney‘s public officer.
taking the defense of the other party, there is no The provision
crime. [Reyes, Book II] assessors,
commissioner
performing pu
Gift is either
 Article 210. Direct Bribery

Acts punishable:

1. Agreeing to perform, or performing, in

consideration of any offer, promise, gift or
present - an act constituting a crime, in
connection with the performance of his official
duties;
2. Accepting a gift in consideration of the
execution of an act which does not constitute
a crime, in connection with the performance of
his official duty; and
3. Agreeing to refrain, or by refraining, from
doing something which it is his official duty to
do, in consideration of gift or promise.
Elements:

1. Offender is a public officer within the scope of

Article 203;
2. Offender accepts an offer or a promise or receives a
gift or present by himself or through another; and
3. Such offer or promise be accepted, or gift or present
received by the public officer -

a. With a view to committing some crime; or

b. In consideration of the execution of an act
which does not constitute a crime, but the act
must be unjust; or
c. To refrain from doing something which it is his
official duty to do.

4. The act which offender agrees to perform or

which he executes be connected with the
performance of his official duties.
 that is, the public officer took the gift offered and
considered it as his personal property.
There is no attempted or frustrated indirect bribery.
Article 211. Indirect Bribery
Indirect bribery is different from direct bribery
under Art 210 [2] in that the former the act
Elements:
executed was not unjust while the former requires
that the act be unjust.
1. Offender is a public officer;
Criminal penalty of imprisonment is distinct from
2. He accepts gifts; and
the administrative penalty of separation from
3. The gifts are offered to him by reason of his office.
judicial service.

Direct bribery Indirect bribery

There is an agreement No agreement between the
between the officer and officer and the gift-giver
the gift-giver
Offender agrees to It is enough that offender
perform an act or refrains accepted the gift by reason
from doing something of his office; it is
because of the gift or unnecessary that the he
promise should do or promise said
act
Included within the prohibition is the throwing of
parties or entertainments in honor of the official or
employees or his immediate relatives.

Article 211-A. Qualified Bribery

Elements:

1. Offender is a public officer entrusted with law

enforcement;
2. He refrains from arresting or prosecuting an
offender who has committed a crime;
3. Offender has committed a crime punishable by
reclusion perpetua and/or death; and
4. Offender refrains from arresting or prosecuting
in consideration of any offer, promise, gift, or
present.

Penalty is increased if the public officer asks or

demands such gift or present.
CRIMINAL LAW 2
ESGUERRA NOTES

Article 212. Corruption by public officials

Elements:

1. Offender makes offers or promises or gives gifts or

presents to a public officer; and
2. The offers or promises are made or the gifts or
presents given to a public officer, under
circumstances that will make the public officer liable
for direct bribery or indirect bribery.

The offender in Art. 212 is the gift-giver or offeror

of promise, even if the gift was demanded by the
public officer and the offer was not made
voluntarily prior to said demand; public officer is
not liable unless he accepts the gift or consents to
es of overt or criminal acts" found in
nd Sec. 2, and the word "pattern" in
sions, according to petitioner, render
constitutional for being impermissibly
oad and deny him the right to be
ature and cause of the accusation
, violative of his fundamental right to
seems to us to be pure sophistry. A
ndered uncertain and void merely
rms are used therein, or because of
terms without defining them; much
o define every word we use. Besides,
constitutional or statutory command
ature to define each and every word
ongress is not restricted in the form
will, and its inability to so define the
a statute will not necessarily result in
ambiguity of the law so long as the
ear, or at least, can be gathered from
hich is distinctly expressed in the
is a well-settled principle of legal
words of a statute will be interpreted
plain and ordinary acceptation and
it is evident that the legislature
al or special legal meaning to those
Article 213. Frauds against the public treasury
Acts punishable:
1. Entering into an agreement with any interested party or
speculator or making use of any other scheme, to defraud
the government, in dealing with any person with regard to
furnishing supplies, the making of contracts, or the
adjustment or settlement of accounts relating to public
property or funds;
2. Demanding, directly or indirectly, the payment of sums
different from or larger than those authorized by law, in
collection of taxes, licenses, fees, and other imposts;
3. Failing voluntarily to issue a receipt, as provided by law, for
any sum of money collected by him officially, in the
collection of taxes, licenses, fees, and other imposts; and
. Collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature
different from that provided by law, in the collection of
taxes, licenses, fees, and other imposts.
Elements of frauds against public treasury under paragraph 1:
1. Offender is a public officer;
2. He has taken advantage of his office, that is, he intervened
in the transaction in his official capacity;
3. He entered into an agreement with any interested party or
speculator or made use of any other scheme with regard to
furnishing supplies, the making of contracts, or the
adjustment or settlement of accounts relating to public
property or funds; and
4. He had intent to defraud the government.
Elements of illegal exactions under paragraph 2:
1. Offender is a public officer entrusted with the collection of
taxes, licenses, fees and other imposts; and
2. He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment of sums
different from or larger than those authorized by law; or
b. Failing voluntarily to issue a receipt, as provided by law,
for any sum of money collected by him officially; or
c. Collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature
different from that provided by law.
ESGUERRA NOTES No Sen
Elements: may p
justice
1. Offender Article 214.
is a public Other Frauds
officer; Secti
and o
2. He takes advantage of his official position; and No Se
directly
Elements:
3. He commits any of the frauds or deceits may
contrac
enumerated in Article 315 to 318 (Estafa, other justic
grante
1. forms
Offender
of is a public officer;
swindling, swindling a minor and other orandinst
2. deceits)
He takes advantage of his official position; and direct
owned
3. He commits any of the frauds or deceits contr
his ter
enumerated in Article 315 to 318 (Estafa, other grant
before
formshas
RTC of jurisdiction
swindling, swindling
when Art a214
minor and other
is involved as or in
benefit
deceits)do not have jurisdiction to impose the
MTCs owne
accoun
principal penalty in Art. 214 of disqualification. his te
befor
Sectio
RTC has jurisdiction when Art 214 is involved as benef
The P
Article 215. Prohibited Transactions
MTCs do not have jurisdiction to impose the accou
Cabine
principal penalty in Art. 214 of disqualification. otherw
Elements:
Secti
office
Article
1. Offender is 215. Prohibited
an appointive Transactions
public officer; The d
not,
2. He becomes interested, directly or indirectly, in any Cabin
any ot
Elements:
transaction of exchange or speculation; other
financi
3. The transaction takes place within the territory franchi
office
1. subject
Offendertoishis
anjurisdiction; and officer;
appointive public Govern
not,
4.
2. He
He becomes
becomes interested
interested,indirectly
the transaction during
or indirectly, in his
any instrum
any o
incumbency.
transaction of exchange or speculation; control
financ
3. The transaction takes place within the territory strictly
franch
subject to his jurisdiction; and office.
Gover
 215. [Reyes, Book II] any way
Examples of appointive public officer who may not nor shal
engage in the commercial profession either in indirectly,
person or by proxy: justices, judges or fiscals, privilege
employees engaged in the collection and subdivisio
administration of public funds. governme
subsidiari

Article 216. Possession of prohibited interest by a

public officer Ar
Persons liable: Acts punish
1. Public officer who, directly or indirectly, became 1. Approp
interested in any contracts or business in which it 2. Taking
was his official duty to intervene; 3. Consen
2. Experts, arbitrators, and private accountants who, permit
in like manner, took part in any contract or proper
transaction connected with the estate or property in 4. Being
the appraisal, distribution or adjudication of which malver
they had acted; and
3. Guardians and executors with respect to the
Elements
property belonging to their wards or the estate
Article 21

1. Offen
This provision is applicable to experts, arbitrators 2. He h
and private accountants who, in like manner, by re
shall take part in any contract or transaction 3. Thos
connected with the estate or property in appraisal prope
distribution or adjudication of which they shall have
 subsidiaries.
est by a
est by a Article 217. Malversation of public funds
Article 217. Malversation of public funds
Acts punishable:
became Acts punishable:
1. Appropriating public funds or property;
which it 2.
became 1. Taking or misappropriating
Appropriating public funds ortheproperty;
same;
which it 3.
2. Consenting, or through abandonment
Taking or misappropriating the same; or negligence,
nts who,
tract or 3. permitting
Consenting,anyorother personabandonment
through to take such public funds or
or negligence,
nts who, property;
permittingand
any other person to take such public funds or
operty in
ntract or 4. Being otherwise guilty of the misappropriation or
of which property; and
operty in 4. malversation of suchguilty
Being otherwise funds or
of property.
the misappropriation or
of which malversation of such funds or property.
e
Elements common to all acts of malversation under
state
e Article
Elements217:common to all acts of malversation under
state
Article 217:
1. Offender is a public officer;
bitrators 2.
manner, 1. He had the
Offender custody
is a or control of funds or property
public officer;
bitrators
ansaction 2. by Hereason
had theof custody
the duties
or of his office;
control of funds or property
manner, 3. Those funds or property were
by reason of the duties of his office; public funds or
appraisal
ansaction
hall have 3. property for which
Those funds or he was accountable;
property were public andfunds or
appraisal 4. He appropriated,
property for which he took, misappropriated
was accountable; and or
ors
hall with
eir
have
wards 4. consented
He or, through took,
appropriated, abandonment or negligence,
misappropriated or
tors with permitted another person to take them.
consented or, through abandonment or negligence,
eir wards permitted another person to take them.
This crime is also known as embezzlement.
This crime is also known as embezzlement.
otherwise and said, full restitution of the lent public
funds cannot exonerate Mallare and Gosudan from the 4.
crime charged because payment does not extinguish
criminal liability.

Article 218. Failure of accountable officer to render

accounts

Elements:

1. Offender is public officer, whether in the service or

separated therefrom by resignation or any other cause;
2. He is an accountable officer for public funds or
property;
3. He is required by law or regulation to render account to
the Commission on Audit, or to a provincial auditor;
and
4. He fails to do so for a period of two months after such
accounts should be rendered.

FAC
Demand for accounting not necessary, it is Off
sufficient that there is a law or regulation requiring Ass
him to render account. ma
of
A prior notice or demand for liquidation of cash
advances is not a condition sine qua non before an broug
accountable public officer may be held liable under that
Article 218 of the RPC. of the

HELD
techn
Article 219. Failure of accountable officer to render
accounts before leaving the country (1)

Elements: (2)

1. Offender is a public officer; (3)

2. He is an accountable officer for public funds or
property; and
3. He unlawfully leaves or attempts to leave the Philippine
Islands without securing a certificate from the
Commission on Audit showing that his accounts have Crimi
been finally settled. malv
publi
partic

The
prohi
crimi
comm
 UP College of Law

Article 220. Illegal use of public funds or property

(TECHNICAL MALVERSATION)

Elements:

1. Offender is a public officer;

2. There are public funds or property under his
administration;
3. Such fund or property were appropriated by law or
ordinance; and
4. He applies such public fund or property to any public
use other than for which it was appropriated for.

Also known as ―technical malversation‖

Illegal use of public funds or property distinguished

from malversation:
Road, the petitioner cannot be declared guilty of the
crime of illegal use of public funds.

Article 221. Failure to make delivery of public

funds or property

Acts punishable:

1. Failing to make payment by a public officer who is

under obligation to make such payment from
government funds in his possession; and E
2. Refusing to make delivery by a public officer who
has been ordered by competent authority to 1
deliver any property in his custody or under his 2
administration.
3
Elements of failure to make payment:

1. Public officer has government funds in his

possession;
2. He is under obligation to make payment from such
funds; and
3. He fails to make the payment maliciously.

Refusal to make delivery of property must be

 UP College of Law

Article 222. Officers included in the preceding

provisions

1. Private individuals who, in any capacity whatever,

have charge of any national, provincial or municipal
funds, revenues, or property
2. Any administrator or depository of funds or property
attached, seized or deposited by public authority,
even if such property belongs to a private individual.

Judicial administrator (of estate of deceased) not

covered, conversion of effects makes him liable for
estafa.

Private property is included provided it is attached,

 Private property is included provided it is attached,
seized or deposited by public authority.

Article 223. Conniving with or consenting to evasion

Elements:

1. Offender is a public officer;

2. He had in his custody or charge a prisoner, either
detention prisoner or prisoner by final judgment;
3. Such prisoner escaped from his custody; and
4. He was in connivance with the prisoner in the latter‘s
escape.

Classes of prisoners involved:

1. If the fugitive has been sentenced by final judgment to

any penalty; and
2. If the fugitive is held only as detention prisoner for any
crime or violation of law or municipal ordinance.

Release of detention prisoner who could not be

delivered to the judicial authority within the time
fixed by law is not infidelity in the custody of the
 clearly a violation of the regulations. It is the duty of
any police officer having custody of a prisoner to take
o is necessary precautions
Article to assure
224. Evasion throughthenegligence
absence of any
rom means of escape. A failure to undertake these
precautions will make his act one of definite laxity or
Elements:
who
negligence amounting to deliberate non-performance of
to 1.
duty.Offender is a public officer;
His tolerance of arrangements whereby the
his 2. He isand
charged with the conveyance
prisoner her companions could plan or
andcustody of a
make good
her prisoner
escape or prisoner
should by final
have judgment;
aroused the suspicion of a
3. Such
person of prisoner
ordinaryescapes
prudence.through negligence.

his
The term
Article 225.―prisoner‖
Escape includes detention
of prisoner underprisoners.
the custody
uch
of aOnly the not
person positive carelessness
a public officer that is short of
deliberate non-performance of his duties as a guard
that is the gravamen of the crime under Art 224.
Elements:
The fact that the public officer recaptured the
t be escaped prisoner does not afford complete
1. Offender is a private person;
exculpation.
2. The conveyance or custody of a prisoner or person
Liability of escaping prisoner:
under arrest is confided to him;
1. If serving sentence by reason of final
3. Thejudgment-
prisoner or person
evasion ofunder
servicearrest
underescapes;
Art 157 and
4. 2.Offender consents
If detention to thenoescape,
prisoner, criminalorliability.
that the escape
takes place through his negligence.
trial. While
Andres, a
r Zenaida,
Article 226. Removal, concealment, or destruction of
atter if he
documents
band. The
t talk with
Elements:
at they eat
of Zenaida
1. Offender is a public officer;
wife to the
nd felt like 2. He abstracts, destroys or conceals a document or
ida and a papers;
m. Zenaida 3. Said document or papers should have been entrusted
fort room, to such public officer by reason of his office; and
mfort room 4. Damage, whether serious or not, to a third party or to
mpanion of the public
CRIMINAL LAW interest
2 has been caused.
ld him that ESGUERRA NOTES
naida. After
mpanion of
suspicious Public officer must be officially entrusted with the Articl
documentsArticle 227. Officer breaking seal
or papers.
e, he found
room. He Documents must be complete and one by which a Acts punis
Elements:
right could be established or an obligation could be
inside the
ccused was extinguished. 1. Revea
1. Books,
Offenderperiodicals
is a public officer;
and pamphlets are not
diganbayan office
2. documents.
He is charged with the custody of papers or
elity in the
property;
Papers include checks, promissory notes and paper
penalized Eleme
3. money.
These papers or property are sealed by proper
1. O
authority;inandthe custody of the document
Infidelity
2. H
petitioner's 4. distinguished
He breaks the from malversation
seal or permitsand
them falsification:
to be broken.
When the postmaster received money c
on prisoner 3. H
orders, signed the signatures of the payees,
to in the j
as all but It iscollected and ofappropriated
the breaking the seals, notthe respective
opening of closed
4. D
 Note: the document must be complete in legal
sense. If the writings are mere form, there is no
crime.

Article 228. Opening of closed documents

Elements:

1. Offender is a public officer;

2. Any closed papers, documents, or object are
entrusted to his custody;
3. He opens or permits to be opened said closed
papers, documents or objects; and
4. He does not have proper authority.

Custody means a guarding or keeping safe

Closed documents must be entrusted to the custody

eal Article 229. Revelation of secrets by an officer

Acts punishable:

1. Revealing any secrets known to the offending public

officer by reason of his official capacity;
papers or
Elements:
d by proper
1. Offender is a public officer;
2. He knows of a secret by reason of his official
be broken.
capacity;
3. He reveals such secret without authority or
justifiable reasons; and
ning of closed
4. Damage, great or small, is caused to the public
Article.
interest.
age is not
2. Delivering wrongfully papers or copies of papers of
which he may have charge and which should not be
published.
nder opened
Elements:
same.
1. Offender is a public officer;
2. He has charge of papers;
tent to gain
3. Those papers should not be published;
oney.
4. He delivers those papers or copies thereof to a
third person;
lete in legal
5. The delivery is wrongful; and
, there is no
6. Damage is caused to public interest.

Revealing of Secrets
2. He knows of the secrets of a private individual by 2. He r
reason of his office; and said
3. He reveals such secrets without authority or 3. Ther
Article 230. Public officer revealing secrets of Arti
justifiable reason. or to
private individual
Elemen
Elements:
Revelation to one person is sufficient, public
revelation not required. [Reyes, Book II] 1. TheOffr
1. When
Offender an off
of
the isoffender
a publicisofficer;
an attorney at law or solicitor,
2. Art.
He knows of the secrets
230 is not applicable but of a private
Art. 209. individual by 2. theHed
reason ofto hisprivate
office; person
and Not a
Damage is not necessary since sai
3. the
He reason
revealsof such
the provision iswithout
secrets authority
to uphold or
faith and 3. Th
justifiable
trust in thereason.
public service or
A

Revelation
Articleto231.oneOpenperson is sufficient, public
disobedience Elements
The
revelation not required. [Reyes, Book II] an o
Elements:
When the offender is an attorney at law or solicitor, 1. Offe
the
Art. 230 is not applicable but Art. 209. 2. He
Not
1. Officer
Damage is atojudicial
privateor person
executive
is officer;
not necessary since priso
2. There is a judgment,
the reason decision isorto
of the provision order of a faith
uphold superior
and 3. He
authority;
trust in the public service man
3. Such judgment, decision or order was made within
the scope of the jurisdiction of the superior authority a.
Article
and issued with231. Open
all the legal disobedience
formalities; and Elemen
4. He, without any legal justification, openly refuses to
Elements:
execute the said judgment, decision or order, which 1. Off
he is duty bound to obey. 2. He
1. Officer is a judicial or executive officer; pri
2. There is a judgment, decision or order of a superior 3. He
 he is duty bound to obey.

Article 232. Disobedience to order of superior

officer, when said order was suspended by inferior
officer

Elements:

1. Offender is a public officer;

2. An order is issued by his superior for execution;
3. He has for any reason suspended the execution of
such order;
4. His superior disapproves the suspension of the
execution of the order; and
5. Offender disobeys his superior despite the
disapproval of the suspension.

This article does not apply if the order of the

superior is illegal.
 The
This article does not apply if the order of the
or ha
superior is illegal.
of e
infor
Article 233. Refusal of assistance
Offe
dam
Elements:

1. Offender is a public officer;

2. A competent authority demands from the offender
that he lend his cooperation towards the
administration of justice or other public service; and
3. Offender fails to do so maliciously.
UP College of Law
Damage to public interest or to a third party is
essential.
ts of Article 234. Refusal to discharge elective office

Elements:

1. Offender is elected by popular election to a public

office;
dual by 2. He refuses to be sworn in or to discharge the duties of
said office; and
rity or 3. There is no legal motive for such refusal to be sworn in
or to discharge the duties of said office.

public
The reason is that once an individual is elected to
 Not applicable to appointive officers.
ry since
aith and

Article 235. Maltreatment of prisoners

Elements:

1. Offender is a public officer or employee;

2. He has under his charge a prisoner or detention
prisoner; and
superior 3. He maltreats such prisoner in either of the following
manners:
de within
authority a. By overdoing himself in the correction or handling
of a prisoner or detention prisoner under his
efuses to charge either -
er, which
(1) By the imposition of punishment not
authorized by the regulations; or
(2) By inflicting such punishments (those
authorized) in a cruel and humiliating
erior
manner; or
inferior
b. By maltreating such prisoners to extort a
confession or to obtain some information from the
prisoner.

on;
cution of
 Article 236. Anticipation of duties of a public Offender ab
Offender ab
office evade the
to evade th
duty.
duty.
Elements:

1. Offender is entitled to hold a public office or

employment, either by election or appointment; [Reyes, Book
[Reyes, Book
2. The law requires that he should first be sworn in
and/or should first give a bond; Article
Article
3. He assumes the performance of the duties and
powers of such office; and Elements:
Elements:
4. He has not taken his oath of office and/or given
the bond required by law. 1. Offende
Offende
2. He
He (a)
(a) m
scope
scope oo
Article 237. Prolonging performance of duties or
or (c)
(c) su
su
and powers

Elements: Article
Article 2

1. Offender is holding a public office; Elements:

Elements:
2. The period provided by law, regulations or special
provision for holding such office, has already 1. Offende
Offende
expired; and 2. He
He (a)
(a)
3. He continues to exercise the duties and powers of authorit
authorit
such office. the
the lawf
lawf

Legislativ
Legislati
A public officer who has been suspended,
separated, declared overaged or dismissed cannot
 commit treason, (3) misprision of treason, (4) Artic
espionage,
Article 238.(5) Abandonment
inciting to warofor giving
office motives for
or position Elemen
reprisal, (6) violation of neutrality, (7) Elemen
Elements:
correspondence with hostile country, (8) flight to 1. Off
enemy country, (9) piracy and mutiny, (10) rebellion, 1. O
go
1. Offender
(11) coup d‘ isetat,
a public officer;
(12) conspiracy and proposal to 2.
2. A
He
2. He formally
commit coup d‘resigns from
etat or his position;
rebellion, (13) disloyalty of 3. exe
Th
public officers, (14) inciting to rebellion, (15) and
3. His resignation has not yet been accepted; sedition, jud
re
4. He abandons his office to the detriment of the 4. H
(16) conspiracy to commit sedition and (17) inciting
public service. th
to sedition.
Arts
5. H
one
Art. 238must
There distinguished from
be a written Art. 208:
or formal resignation, verbal fun
statement is not allowed. pur
Art. 238
The offense Art. 208 was for
is qualified when the abandonment inde
Offender can to
the purpose be evade
any theOffender is ofany
discharge public
duties of
public officer. prosecuting, officer
preventing, who
UPhas
or punishing the duty
any
College of Law
of theto
crimes of (1) treason, (2) institute
conspiracyprosecution
and proposal for to
commit treason, (3) misprisionthe of treason, and
punishment (4) Article
espionage, (5) inciting to violation
war or giving
of the motives
law. for
reprisal, (6) office
violation of neutrality, (7) Element
ic Offender abandons Offender does not
correspondence with hostile country, (8)
to evade the discharge of abandon his office but fails flight to
enemy country, (9) piracyto and mutiny, (10) rebellion, 1. Offe
duty. prosecute an offense by 2. Ap
(11) coup d‘ etat, (12) conspiracy and proposal to
dereliction of duty or 3. The
commit coup d‘ etat or rebellion, (13) disloyalty of
malicious tolerance of the reg
public officers, (14) inciting to rebellion, (15) sedition,
e or commission of the offense. 4. He
(16) conspiracy to commit sedition and (17) inciting
t; [Reyes, Book II] the
to sedition.
rn in 5. He
 malicious tolerance of the
e or malicious
commissiontolerance of the
of the offense.
et; or commission of the offense.
[Reyes, Book II]
t;
n in [Reyes, Book II]
n in
Article 239. Usurpation of legislative powers
and Article 239. Usurpation of legislative powers
and
Elements:
iven Elements:
iven
1. Offender is an executive or judicial officer; and
1. Offender is an executive or judicial officer; and
2. He (a) makes general rules or regulations beyond the
2. He (a) makes general rules or regulations beyond the
scope of his authority or (b) attempts to repeal a law
scope of his authority or (b) attempts to repeal a law
es or (c) suspends the execution thereof.
es or (c) suspends the execution thereof.

Article 240. Usurpation of executive functions

Article 240. Usurpation of executive functions
Elements:
ecial Elements:
ecial
eady
eady 1. Offender is a judge; and
1. Offender is a judge; and
2. He (a) assumes a power pertaining to the executive
s of 2. He (a) assumes a power pertaining to the executive
rs of authorities, or (b) obstructs the executive authorities in
authorities, or (b) obstructs the executive authorities in
the lawful exercise of their powers.
the lawful exercise of their powers.
Legislative officers not liable.
nded, Legislative officers not liable.
nded,
annot
annot
eyes,
Reyes,
Article 241. Usurpation of judicial functions