CRIMINAL LAW REVIEW

Criminal Law Book II Review

Based from the lectures of:
Judge Adlawan

July 13, 2020

Additional Notes:

TREASON

Art. 114. Treason - Any Filipino citizen who levies war against
the Philippines or adheres to her enemies, giving them aid or
comfort within the Philippines or elsewhere, shall be punished
by reclusion perpetua to death and shall pay a fine not to exceed
Four million pesos (₱4,000,000).

"No person shall be convicted of treason unless on the testimony He only gave food or comfort and did not adhere to the enemies.
of two (2) witnesses at least to the same overt act or on So what would be his defense? Irresistable Force!
confession of the accused in open court.
 2 ways of proving treason
"Likewise, an alien, residing in the Philippines, who commits act
of treason as defined in paragraph 1 of this article shall be
punished by reclusion temporal to death and shall pay a fine not
to exceed Four million pesos (₱4,000,000).

 Elements
 2 ways of committing Treason

Problem: China and Philippines are at war, China invaded

Philippines and occupied Palawan. A a filipino citizen publicly
declared that he supports china, he gave them information of
Filipino troops. What is the liability of A?YES A adhered to
enemies giving them aid or comfort and is liable for treason.

Adherence alone without aid or comfort is not treason.

Problem:

No, Mere adherence to enemies without aid or comfort does not

amount to treason.

Answer: NO! because although there are 2 witnesses, each one

testified 2 different acts and not on same act of treason. Accused
must be acquitted of charge.

1
Answer: I will convict Leo. Act of adherence need not be proved
by testimony of 2 witnesses. But act of aid or giving comfort
must be proved by 2 witnesses.

2
No because these are inherent in treason..

TREASON V REBELLION

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 CONSPIRACY AND PROPOSAL TO COMMIT
TREASON

Art. 115. Conspiracy and proposal to commit treason; Penalty -

The conspiracy or proposal to commit the crime of treason shall
be punished respectively, by prisión mayor and a fine not
exceeding Two million pesos (₱2,000,000), and prisión
correccional and a fire not exceeding One million pesos
(₱1,000.000).

8 Punishable Conspiracies

One who fails to report treason is not an accessory:

Problem: A proposed to B to commit treason. A and B

committed treason. What are their liabilities? S it proposal to
commit? Conspiracy? Or Treason? Answer: The proposal and
conspiracy are absorbed in the crime of treason, they are only
the manner of incurring criminal liability of treason.

Note: While Treason as a crime should be established by 2

witness rule, the same is not observed when the crime is
conspiracy or proposal to commit treason.

ART 116 MISPRISION OF TREASON

Art. 116. Misprision of treason. — Every person owing

allegiance to (the United States) the Government of the
Philippine Islands, without being a foreigner, and having
knowledge of any conspiracy against them, conceals or does not
disclose and make known the same, as soon as possible to the Answer:
governor or fiscal of the province, or the mayor or fiscal of the
city in which he resides, as the case may be, shall be punished as
an accessory to the crime of treason.

 Definition
 A felony of omission, although committed with dolo
and not by culpa
 Offender must not wait for time to pass as Treason may
be committed.
 Obligation to report does not include foreigners even if
they are residents of the Philippines.

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 CA 616

ESPIONAGE

Art. 117. Espionage. — The penalty of prision

correccional shall be inflicted upon any person who:

1. Without authority therefor, enters a warship, fort, or

naval or military establishment or reservation to
obtain any information, plans, photographs, or other
data of a confidential nature relative to the defense of
the Philippine Archipelago; or

2. Being in possession, by reason of the public office he

holds, of the articles, data, or information referred to  Distinguish ESPIONAGE from TREASON
in the preceding paragraph, discloses their contents to
a representative of a foreign nation.

 Not conditioned by citizenship of offender

 Modes of Committing Espionage

ART 118 INCITING TO WAR OR GIVING MOTIVES OF

REPRISAL

Art. 118. Inciting to war or giving motives for reprisals. — The

penalty of reclusion temporal shall be imposed upon any public
officer or employee, and that of prision mayor upon any private
individual, who, by unlawful or unauthorized acts provokes or
gives occasion for a war involving or liable to involve the
Philippine Islands or exposes Filipino citizens to reprisals on
their persons or property.

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 whole or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high

seas.

Art. 123. Qualified piracy. — The penalty of reclusion temporal

to death shall be imposed upon those who commit any of the
crimes referred to in the preceding article, under any of the
following circumstances:

1. Whenever they have seized a vessel by boarding or firing upon

the same;

2. Whenever the pirates have abandoned their victims without

means of saving themselves; or

3. Whenever the crime is accompanied by murder, homicide,

physical injuries or rape.

ART 119 VIOLATION OF NEUTRATLITY

 Elements.

 Definition
ART 120 and ART 121
 People v Catantan 278 SCRA 761 1997 – If piracy
 (120) Correspondence to Hostile Country was committed outside Philippine water, will
o Judge believes this is already obsolete Philippine Courts have jurisdiction over offense? YES.
 (121) Flight to Enemy Country It is an exception to rule on territoriality on criminal
o Consummated by mere attempt law. The first country which acquires jurisdiction
already excludes other countries.

2 Kinds of Piracy

 punished in PD 532,
 and Art 122 is amended by RA 7659 – which punishes
piracy and mutiny in high seas or Philippine waters:
Penalty is Reclusion Perpetua. Piracy and Mutiny may
now be committed in high seas and Philippine waters
 Piracy cannot separately with Robbery - only one
crime.
 If you are on ship without employing force or
intimidation – what crime did you commit? Theft only

ART 122 PIRACY and MUNITY ON HIGH SEAS

Art. 122. Piracy in general and mutiny on the high seas. — The
penalty of reclusion temporal shall be inflicted upon any person
who, on the high seas, shall attack or seize a vessel or, not being
a member of its complement nor a passenger, shall seize the

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Suppose, Vessel is of Philippine Registry and in High seas,
passengers held up co-passengers will they be liable for piracy?
NO because they are members of complement! Crime is robbery!

It can be tried here as it is committed in Philippine Ship (Article

2 of RPC) but under PD 532, whether or not you are a passenger
and you held up another passenger it is already covered as
piracy.

Problems

Answer: Piracy. It can be committed by Philippine waters by

outsiders of vessel.

Answer: Piracy. Can be committed by passenger of vessel, meber

of crew, or complement of vessel.

7
Answer: Theft only. The taking of B of personal property was
without violence or intimidation. It cannot be piracy as the
essence of piracy is robbery.

Answer:

People v Dela Pena GR 219581 January 31, 2018

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  Note: Penalty of Piracy

ABETTING PIRACY

Number 2 is similar to fencing – you are not a fence! But your

liability is abetting piracy!

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People v Puno February 17 1993

I decided one case under this: Charge is highway robbery under

PD 532. Nurse while waiting for pedicab gi holdup sa 2 ka tao na
nagsakay ug motorcycle. 2 persons were charged for PD 532.
Judge did not convict them for PD 532 but only for Simple crime
of Robbery. Just because it is committed in highway does not
mean it is highway robbery. There is a specific
requirement.

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 Exam of Book 2 FIRST SATURDAY OF SEPTEMBER.
(NEGOTIABLE)

COVERAGE:

FIRST EXAM

 Crimes against National Security

 Fundamental law of state,
 public order,
 public interest,
 and DRUGS.

MUTINY SECOND EXAM

 Public Morals,
 public officers,
 persons,
 personal liberty and security

THIRD EXAM:

 Property,
 chastity,
 civil status,
 honor,
 quasi offenses
 Same penalty with Piracy
Handouts for Trafficking, Drugs, Public officers
 Piracy versus Mutiny
 2 kinds of Mutiny
 Elements of Mutiny

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August 17, 2020

Qualified Piracy

Piracy cannot be complexed with common crime .

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 Judge says this is a stray decision. If you encounter this
problem in bar stick to general principle that common
crimes cannot be complexed with piracy. Crime should
only be Qualified Piracy

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 RA 6245 ANTI HIJACKING LAW

 If it is of Philippine of registry it must be in flight

o Considered in flight from the moment doors
are closed until the doors are open. If the
doors are closed to bring aircraft in storage it
is not in flight
 If foreign registry it is not a requirement that it must be
in flight as it is considered automatically in flight for as
long as it is of foreign registry, they are considered in
transit while in foreign countries. They are still in flight
as they have to move out of that foreign country.

Qualified Hijacking

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This happened in Davao City and offenders come from Marilog
– members of NPA and wanted the airplane be brought to
China.

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 So ano yan? - Qualified Hi-jacking

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 HUMAN SECURITY ACT

READ FULL TEXT PLEASE

This repealed RA 9372

Comment: judge is confused as to why most people fear for this

law.

There is now a different definition for Terrorism. Before the

law requires widespread panic. But this time it is more specific:
aimed to intimidate general public or segment thereof.

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*So dagdag nyo to sa list of crimes for punishable conspiracies

18
Comment: We can acquire jurisdiction over those who bombed
in Libya the moment they enter our jurisdiction even if crime is
committed outside Philippine Jurisdiction.

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ARBITRARY DETENTION

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If you are detained because of warrant then art 124 is not
violated.
Example:

A distressed wife calls police asking for help and tells the that
she has locked herself in masters bedroom together with
paramour as her husband caught them in cohabitation and his
husband is trying to open the door while holding a gun. Police
responded and upon arrival he is met by the husband. Husband
leads police to masters bedroom where the wife and a male
person are dead. Both sustained gunshot wounds. Doorlock was
forcible destroyed and a gun found on top of bed. When asked,
the husband replied that both victims committed suicide with
use of the gun. Under these facts what should policeman do?

Answer: police is justified in detaining husband as he has

knowledge of facts that the person to be arrested has committed
the crime (though he was not present at scene of crime) based
on facts and based on given circumstance.

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22
Example: you were just walking along Quimpo Boulevard and a
policeman saw you wala ka nya natypan kay nag lipstick ka unya
lalake ka. Wa sya ganahi. He arrested you. What crime did that
policeman commit? Answer: he violated article 124.

DELAY IN DELIVERY OF DETAINED PERSON

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Sec 27 paragraph 2 Rule 112 of Rules of Criminal Procedure.

This article 125 does not apply where there was a warrant.

EX: you committed a crime and Nakita ka ni policeman X. gi

dakop ka. What will the police do? Within 12, 18, 36 – 26 hours
he will prpare affidavit of death, statement of family of victim etc
and bring accused to prosecutors office for the conduct of
inquest proceeding. During inquest accused will say, prosecutor
musubmit unta kog counter affidavit- yes he can do that BUT
before availing that – meaning he wanted to have preliminary
investigation – because in inquest we know that it is summary
to determine whether there is probable cause to indict accused
in Court. Mu ingon ang accused can I have preliminary
investigation – YES he can avail of that BUT HE MUST WAIVE
THRU AN AFFIDAVIT HE MUST WAIVE ARTICLE 125.
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Purpose is: so that the police will not be charged criminally for
violation of Article 125. That is the requirement.

Article 125 applied only when accused is arrested without

warrant.

If he is arrested with warrant forget about Article 124 or 125

 Defense: I was prevented by Insuperable cause

ANSWER: There is no time period as long as within reasonable

time to bring you to court – court will then issue commitment
order.

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26
 Sec 29 Ra 11479

OLD LAW:

 14 Calendar days
 The law under RA 11479 does not have a minimum and
maximum! How are we going to apply ISL NOW??
o Does ISL apply to violations of RA 11479?
JUDGE WILL ASK THIS DAW? MUGAWAS
DAW NI SA EXAM BONUS NA NI SO WE
HAVE TIME TO PREPARE FOR EXAM

 Not answered

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  Courts in ejectment and unlawful detention cases, they
cannot be charged for expulsion – essence of this crime
is grave coercion- there is no grave coercion when court
or sheriff demands you to vacate as that is the result of
proceeding.
 Where penalty is destierro – banished a particular
radius – it does not constitute expulsion as it is a form
of penalty
 Problem: certain aliens were arrested and sent out of
country – yes there is expulsion. If a Filipino citizen is
sent out of country what crime is committed?
Deportation is applicable only if you are an alien! As a
filipino you cannot be deported from own country!
That constitutes expulsion or grave coercion! You
cannot be deported from your own country.

ART 128. VIOLATION OF DOMICILE

ART 127 EXPLUSION

 2 acts committed under explusion

 Liberty of abode is violated here
 Only president can expel person by virtue of his power
of deportation for overstaying aliens
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Example:

 In sasa police station, accused sensed that he was being

chased he ran to his friends house. The problem was
that police can no longer the house as friend
immediately locked house. Police destroyed house and
arrested accused – Answer: They cannot be liable for
any crime- that is justifiable.

 Example of 2: They carried with them 2 sacks of shabu

placed in an Hermes bag. Arrest was made or flagged
down because of a tip that a car will passby. They let a
K9 dog sniff the vehicle and dog sat on Hermes bag and
found sacks of shabu. They were charged for
transportation of dangerous drugs

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30
 ARTICLE 129. Search Warrants Maliciously Obtained Ans: SP02 Martinez can be charged with Violation of Domicile and
separate crimes of Physical Injuries. There is no complex crime. The
two felonies have different elements

Acts punished

1. Procuring a search warrant without just cause;

Elements

1. Offender is a public officer or employee;

2. He procures a search warrant;

3. There is no just cause.

2. Exceeding his authority or by using unnecessary severity in

executing a search warrant legally procured.

Elements

1. Offender is a public officer or employee;

2. He has legally procured a search warrant;

3. He exceeds his authority or uses unnecessary Judge says that she is the one who always prepares search
severity in executing the same. warrant. But during time of asking questions to applicant
policeman – judge asks interpreter and stenographer
The true test of lack of just cause is whether the sworn statement filed in
support of the application for search warrant has been done in such a
manner that perjury could be charged and the affiant can be held liable
Article 130. Searching domicile without witness
for making such false statement. The oath required refers to the truth of
the facts within the personal knowledge of the applicant and his
witnesses.

Q: May a search and seizure be conducted without a

search warrant?

A: The Rules of Court provide that a person charged with an

offense may be searched for dangerous weapons or anything
which may be used us proof of the commission of the offense.
This is usually the c;ise when a lawful arrest is made without a
warrant and a search is made to find and seize things connected
with the crime as its fruits or as the means by which the crime
was committed.
Q: SP02 Martinez led a team of policemen that implemented a search
warrant in the house of Mary Ann. While they were conducting the
search, Martinez destroyed the dividing walls and employed violence
upon Mary Ann and the members of her household inflicting physical
injuries upon them. What crime or crimes can SP02 Martinez be charged
with?

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 RA 9745: ANTI TORTURE ACT
Passed into law November 2009
(b) "Other cruel, inhuman and degrading treatment or
punishment" refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a person in
authority against a person under his/her custody, which attains
a level of severity causing suffering, gross humiliation or
debasement to the latter.
Section 4. Acts of Torture. - For purposes of this Act, torture
shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or
punishment inflicted by a person in authority or agent
of a person in authority upon another in his/her
custody that causes severe pain, exhaustion, disability
or dysfunction of one or more parts of the body, such
as:
(1) Systematic beating, headbanging, punching, kicking, striking
with truncheon or rifle butt or other similar objects, and
jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food,
animal or human excreta and other stuff or substances not
normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot
oil, acid; by the rubbing of pepper or other chemical substances
on mucous membranes, or acids or spices directly on the
wound(s);
(5) The submersion of the head in water or water polluted with
excrement, urine, vomit and/or blood until the brink of
suffocation;
(6) Being tied or forced to assume fixed and stressful bodily
position;
(7) Rape and sexual abuse, including the insertion of foreign
objects into the sex organ or rectum, or electrical torture of the
genitals;
(8) Mutilation or amputation of the essential parts of the body
such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and
extreme cold;
(12) The use of plastic bag and other materials placed over the
head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception,
memory. alertness or will of a person, such as:
(i) The administration or drugs to induce confession and/or
reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms
of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts
committed by a person in authority or agent of a person
in authority which are calculated to affect or confuse
the mind and/or undermine a person's dignity and
morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily
harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or
public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty
from one place to another, creating the belief that he/she shall
be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's
family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked,
parading him/her in public places, shaving the victim's head or
putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate with
any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 7. Prohibited Detention. - Secret detention places,
solitary confinement, incommunicado or other similar forms of
detention, where torture may be carried out with impunity. Are
hereby prohibited.
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In which case, the Philippine National Police (PNP), the Armed
Forces of the Philippines (AFP) and other law enforcement.
agencies concerned shall make an updated list of all detention
centers and facilities under their respective jurisdictions with
the corresponding data on the prisoners or detainees
incarcerated or detained therein such as, among others, names,
date of arrest and incarceration, and the crime or offense
committed. This list shall be made available to the public at all
times, with a copy of the complete list available at the respective
national headquarters of the PNP and AFP. A copy of the
complete list shall likewise be submitted by the PNP, AFP and
all other law enforcement agencies to the Commission on
Human Rights (CHR), such list to be periodically updated, by
the same agencies, within the first five (5) days of every month
at the minimum. Every regional office of the PNP, AFP and other
law enforcement agencies shall also maintain a similar list far all
detainees and detention facilities within their respective areas,
and shall make the same available to the public at all times at
their respective regional headquarters, and submit a copy.
updated in the same manner provided above, to the respective
regional offices of the CHR.
failed to prevent or investigate allegations of such act, whether
deliberately or due to negligence shall also be liable as
principals.
Any public officer or employee shall be liable as an accessory if
he/she has knowledge that torture or other cruel, inhuman and
degrading treatment or punishment is being committed and
without having participated therein, either as principal or
accomplice, takes part subsequent to its commission in any of
the following manner:
(a) By themselves profiting from or assisting the offender to
profit from the effects of the act of torture or other cruel,
inhuman and degrading treatment or punishment;
(b) By concealing the act of torture or other cruel, inhuman and
degrading treatment or punishment and/or destroying the
effects or instruments thereof in order to prevent its discovery;
or(c) By harboring, concealing or assisting m the escape of the
principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the
accessory acts are done with the abuse of the official's public
functions.

Section 8. Applicability of the Exclusionary Rule; Exception. -

Any confession, admission or statement obtained as a result of
torture shall be inadmissible in evidence in any proceedings,
except if the same is used as evidence against a person or
persons accused of committing torture.
Does RA 11479 Respect Anti-Torture Law. Does Anti
Terror Law respect Anti Torturture? YES UNDER SEC
33 of RA 11479.
Section 13. Who are Criminally Liable. - Any person who
actually participated Or induced another in the commission of
torture or other cruel, inhuman and degrading treatment or
punishment or who cooperated in the execution of the act of
torture or other cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts shall be liable as
principal
Section 15. Torture as a Separate and Independent Crime. -
Torture as a crime shall not absorb or shall not be absorbed by
any other crime or felony committed as a consequence, or as a
means in the conduct or commission thereof. In which case,
torture shall be treated as a separate and independent criminal
act whose penalties shall be imposable without prejudice to any
other criminal liability provided for by domestic and
international laws.
Example: gipakaon nimo syag baygon so namatay sya gi okok
nuon sya ron okie now katong iyang pagkamatay kay imong
gi torture. Murder will be filed against you of course so kato
imong torture dili to ma absorb by direct provision of law – act
of torture is a separate and independent crime!

Any superior military, police or law enforcement officer or

senior government official who issued an order to any lower
ranking personnel to commit torture for whatever purpose shall
be held equally liable as principals.

The immediate commanding officer of the unit concerned of the

AFP or the immediate senior public official of the PNP and other
law enforcement agencies shall be held liable as a principal to
the crime of torture or other cruel or inhuman and degrading
treatment or punishment for any act or omission, or negligence
committed by him/her that shall have led, assisted, abetted or
allowed, whether directly or indirectly, the commission thereof
by his/her subordinates. If he/she has knowledge of or, owing to
the circumstances at the time, should have known that acts of
torture or other cruel, inhuman and degrading treatment or
punishment shall be committed, is being committed, or has been
committed by his/her subordinates or by others within his/her
area of responsibility and, despite such knowledge, did not take
preventive or corrective action either before, during or
immediately after its commission, when he/she has the
Who are liable as Principalss
authority to prevent or investigate allegations of torture or other
cruel, inhuman and degrading treatment or punishment but
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What are requisites to be liable under this law? – I will
hold you responisble.

Non-Refoulment Rule

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 Article 132. Interruption of religious worship.

Article 133. Offending the religious feelings.

ART 131 Prohibition, interruption, and dissolution of

peaceful meetings

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Example: gipangtanggalan nimog dalunggan mga rebulto –
KANA! For you walay hinungdan di man ka catholic but for the
catholics that is meaningful to them.

CRIMES AGAINST PUBLIC ORDER

Article 134. Rebellion or insurrection

Cannot be committed by single individual but by a multiple of

persons to overthrow the government

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Doctrine of Absorption. Common crimes are absorbed in
rebellion. The theory of absorption does not only refers to
felonies but also embraces crimes punished under special law.
So even commission of common crimes. Illegal possession of
firearms such offense is also absorbed in crime of rebellion.
(Ponce Enrile v Jamil 189 SCRA 570 )

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Add this to one of the crimes where mere conspiracy is
considered a crime

TREASON & REBELLION DISTINGUISHED:

1. TREASON – it is a crime against the security of the state;

REBELLION - it is a crime against pubic order.

2. TREASON – there is levying of war against the government

during war time;
REBELLION - there is levying of war against the government
during peace time;

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3. TREASON – it can be committed by an individual by adhering
to the enemy giving aid or comfort;
REBELLION – can only be committed by a multitude of men;

2. TREASON – the purpose is to deliver the government to the

enemy or to pave the way for the coming of the enemy;
REBELLION – the purpose is to substitute the existing government with
another.

Article 134. Coup d’etat

RA 6968 is an amendment to Art

134.

What is the essence of Coup detat?

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 homicide rape or whatever – and I proved this beyond
reasonable doubt – you cannot avail amnesty.

Abaya staged a coupdetat. Case was filed against them for coup
d’etat. A case was also filed before military court. Trillanes filed
a motion asking for injunction against military court saying that
the charge in military court should be dismissed as they are
already charged in Makati trial court. Does violation in articles
of war considered absorbed in Coup d’etat?

READ ON YOUR OWN ACCORDING TO JUDGE

If I am the prosecutor and you are NPA and committed murder

or arson – I will not file rebellion against you even if I know that
you are leader of this NPA group – I would rather choose to file
murder or arson or robbery with homicide because if I will file
rebellion against you for killing, burning, robbery – chances are
when the government issues amnesty you will be releasd as
political detainee – but if I charge you for murder robbery

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READ THIS AVILA CASE!!!

Art 138 inciting to rebellion

Article 137 disloyalty

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 When there is only public uprising and same is not tumultuous,
the crime of sedition is not committed. The offenders may still
be liable for other crimes like direct assault under Article 148
when the offended party is a public officer who is prevented from
performing his duties by means of force or violence.

One who promotes maintains or heads rebellion and who at the

same time incites or influences others to join him in his war
efforts cannot be held liable for inciting to rebellion. As that is
inherent to graver crime of rebellion.

August 24, 2020

Art 139 Sedition

A: It is committed by persons who rise publicly. – always there

is a public uprising – it is a lesser crime of rebellion.

The crime of sedition is committed by rising publicly and

tumultuously. The two elements must concur. The
disturbance becomes tumultuous only when more than three
armed malefactors participate in creating the commotion or
disturbance.
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 exceeding One Million Pesos (P1,000,000) (As amended by RA
10951)

Conspiracy to Commit Sedition

Art 142. Inciting to Sedition

Article 140. Penalty for sedition. — The leader of a sedi¬tion

shall suffer the penalty of prision mayor in its minimum period
and a fine not exceeding Two Million Pesos (P2,000,000).

Other persons participating therein shall suffer the pen¬alty of

prision correccional in its maximum period and a fine not

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Problem: That narco list presented by Robredo alleging that
Duterte was engaged in illegal drug trade was that inciting to
sedition? WHAT DO YOU THINK?

Art 144. Disturbance of Proceedings

Article 144. Disturbance of proceedings. — The penalty of

arresto mayor or a fine from Forty Thousand Pesos to Two
Hundred Thousand Pesos shall be imposed upon any person
who disturbs the meetings of the National Assembly
(Congress of the Philippines) or of any of its committees or
sub-committees, constitutional commissions or committees
or divisions thereof, or of any provincial board or city or
municipal council or board, or in the presence of any such
bodies should behave in such manner as to interrupt its
proceeding or to impair the respect due it. (As amended by RA
10951.)

Art 145. Violation of Parliamentary Immunity

Problem: If you file a libel case against a senator – do you think

the policeman who serves it will be liable for violation of Art 145
– if the policeman will serve warrant of arrest while congress is
in session he will be liable. What about those who committed
crime of Plundr and you policeman you go to congress and serve
warrant of arrest – policeman is no longer liable even if he serves
it in congress – if the offense is 6 yrs and 1 day the policeman
will not become liable under 145 as an exception to the rule.

44
If we gather para mag last-two illegal gambling is that covered
here? NO because the purpose of meeting is commit SPECIAL
LAW not RPC.

Illegal Association
45
Distinction between illegal association and illegal assembly

1. In illegal association, it is not necessary that there be an actual

meeting.

In illegal assembly, it is necessary that there is an actual

meeting or assembly or armed persons for the purpose of
committing any of the crimes punishable under the Code, or
of individuals who, although not armed, are incited to the
commission of treason, rebellion, sedition, or assault upon a
person in authority or his agent.

2. In illegal association, it is the act of forming or organizing and

membership in the association that are punished.

In illegal assembly, it is the meeting and attendance at such

meeting that are punished.

3. In illegal association, the persons liable are (1) the founders,

directors and president; and (2) the members.

In illegal assembly, the persons liable are (1) the organizers or

leaders of the meeting and (2) the persons present at meeting.
4.
In illegal assembly, the basis of liability is the gathering for an
illegal purpose which constitutes a crime under the Revised
Penal Code.

In illegal association, the basis is the formation of or

organization of an association to engage in an unlawful
purpose which is not limited to a violation of the Revised
Penal Code. It includes a violation of a special law or those
against public morals. Meaning of public morals: inimical to
public welfare; it has nothing to do with decency, not acts of
obscenity.

Example: The Officer in a fraternity who was present but did

not participate in the hazing – or for instance the girlfriend
brought by the officer who was brought is she liable? Illegal
Association? Yes!

Art. 148 Direct Assault

46
When the bellboy saw SPO1 Santiago so he attacked SPO1
Santiago because of his past performance in apprehending him–
what would be the criminal liability of bellboy? When Santiago
was in Queensland nag checkin? – Bellboy is liable because
attack was by reason of past performance or on occasion of – but
if wala lang attack attack lang – then he is not liable for direct
assault.

47
So kung barangay kagawad ka sa talomo diha ra ka kutob –
once you go there in a different barangay kay gusto ka tan aw
didto – then you were attacked – question can you be
considered Person in Authority there? NO!

READ THIS PLEASE:

 Enrique v People June 30,2005

 Lydia Gelig v people July 28,2010

Lydia Gelig v people July 28,2010

Lydia and Gemma are public school teachers. L confronted G

that G’s son has called her son as “Sissy” L slapped G and pushed
her causing her to fall and hit a wall. G suffered criminal pain
and she later had abortion – Direct Assault with unintentional
abortion was charged for L. SO READ THE CASE TO KNOW
THE RULING.

48
49
To Renz, Indirect assault was committed.
Not liable because knowledge that he person you attacked is a
person in authority – NOT LIABLE
US v Tabiado – force used to person in authority must be
serious.
Because his carabao was seized, accused confronted Mayor –
later, the accused insulted mayor and slapped him – Crime
committed is Direct Assault upon person in Authority – it is not
necessary to ascertain what force since the law defines that it
consist in mere laying hands on person – degree of force is
immaterial as the law simply mentions laying of hands is
sufficient. If the intent is to embarrass offense is direct assault
by slanded.
If the assault is so minor – there is no requirement as to degree
or kind of force if you lay a hand against person in authority.
50
INFORMATION:

Information did not mention that the accused has knowledge

that the person they attacked was a person in authority or
agent of person in authority.

51
ANSWER: Retired judge na because 71 years old!!!!!!!!!!!

Art. 149 Indirect Assault

Resistance or Disobedience to Person in Authority

52
 Art 155. Alarms and Scandals

Art 152.

Castillo v People January 30, 2012 – who is a person in authority

and who is an agent of a person in authority

Art 153.

53
August 31, 2020

Article 156. Delivering Persons from Jail

54
Art 157. Evasion of Service of Sentence

55

Case: Feb 28, 1967 Tanega v Masacayan
Convicted of the crime of slander, found
guilty by SC. Because the decision of RTC was affirmed
by CA, execution was moved to some other day –
during hearing of execution petitioner did not show up
and the judge issued a warrant of arrest – petitioner
was never arrested. On the following year, petitioner
moved to quash warrant of arrest issued against her
alleging that the penalty imposed against her has
already prescribed. Judge here ruled that the penalty
imposed has to be served.
FT: Reason dictates that one can escape only
after he has started service of sentence. Even under the
old law, Viada emphasizes, where the penalty consists
of imprisonment, prescription shall only begin to run
when he escapes from confinement.
We, therefore, rule that for prescription of
penalty of imprisonment imposed by final sentence to
commence to run, the culprit should escape during the
term of such imprisonment. Adverting to the facts, we
have here the case of a convict who — sentenced to
imprisonment by final judgment — was thereafter
never placed in confinement. Prescription of penalty,
then, does not run in her favor.
Pangan v Gatbalite Jan 21, 2005
FT: The Court cannot subscribe to the contention of the
petitioner that the penalty imposed on him in the decision
adverted to above had already prescribed, hence, his detention
is illegal for under Article 93 of the Revised Penal Code:
"The period of prescription of penalties shall commence to run
from the date when the culprit should evade the service of
sentence, and it shall be interrupted if the defendant should give
himself up, be captured, should go to some foreign country with
which this Government has no extradition treaty, or should
commit another crime before the expiration of the period of
prescription.
The elements of prescription are:
1. That the penalty is imposed by final judgment;
2. That convict evaded the service of the sentence by escaping
during the term of his sentence;
3. That the convict who had escaped from prison has not given
himself up, or been captured, or gone to a foreign country with
which we have no extradition treaty, or committed another
crime;
56
4. The penalty has prescribed, because of the lapse of time from
the date of the evasion of the service of the sentence by the
convict.

In this case, the essential element of prescription which is the

evasion of the service of sentence is absent. Admittedly, the
petitioner herein has not served the penalty imposed on him in
prison and that during the service of the sentence, he escaped
therefrom. Notably, at the trial of Crim. Case No. 85-816 in the
Municipal Trial Court, Branch III, Angeles City and on the date
set for the promulgation of the affirmed decision, the petitioner
failed to appear and remained at large

"There was no evasion of the service of the sentence in this case,

because such evasion presupposes escaping during the service
of the sentence consisting in deprivation of liberty." (Infante vs.
Warden, 48 O.G. No. 122) (92 Phil. 310).

Corollarily, the detention of the petitioner in Angeles City Jail in

compliance with the Order of Commitment (Exhibit E) is not
illegal for –

"A commitment in due form, based on a final judgment,

convicting and sentencing the defendant in a criminal case, is
conclusive evidence of the legality of his detention, unless it
appears that the court which pronounced the judgment was
without jurisdiction or exceeded it." (U.S. vs. Jayne, 24 Phil 90,
24 J.F. 94, Phil. Digest, Vol. 2, 1398).

Art 158. Evasion of service of sentence on the occasion

of disorders, conflagrations, earthquakes, or other
calamities

In this case, the offender is a prisoner serving sentence and is confined

in a penal institution; he evades the service of his sentence by leaving or
escaping from the penal institution, taking advantage of an unusual
occurrence which may be in the form of a conflagration, earthquake,
explosion or catastrophe or during a mutiny.

For such event to be considered as a calamity, the President must declare

it to be so. He must also issue a proclamation to the effect that the
calamity is over. Logically, even if the events herein mentioned may be
considered a calamity, there is a need for the Chief Executive to make
such announcement. Absent such declaration, even if the prisoner will
return to the penal institution where he was confined, the same is of no
moment as in the meantime he has committed a violation of the law, not
under the present article but for pure evasion of service of sentence
under Article 157.

57
 Violation of Conditional Pardon constitutes Evasion of Service of
Sentence. Conditional pardon is a covenant. It is a silent contract
between the convict and the Chief Executive. It is in writing and to be
effective it must be accepted in writing by the convict. If he does not,
there is no contract. If he is released without his conformity to the
conditional pardon, the pardonee shall not be liable lor evasion of
service of sentence.

The convict shall be released from prison by virtue of the conditional

pardon and in view of his commitment that he shall abide by the terms
of the pardon. If he violates any of the terms of the pardon, he is deemed
not to have a genuine interest to comply with 1 he conditions of the
pardon upon him. Thus, if he violates any of the conditions of the
pardon, the crime he committed is still Evasion of Service of Sentence.

Art. 159

Art. 160 Quasi Recidivism

Conditional pardon must be accepted by the pardonee.

58
Amended RA 8294 – old law on firearms

Ex: Alarms and scandals, discharge of firearms – use firearm

is inherent in the commission of crime –
59
Found carrying a firearm during election period – violation of
election law and this RA 10591.

------

60
 Elements.
ARMS SMUGGLING

TITLE IV. CRIMES AGAINST PUBLIC INTEREST

Art 161

Art. 162

61
 Even if the money counterfeited is vintage – to bar the
counterfeiter from perfecting his crime of counterfeiting. To
Art. 164.
discourage people in gaining expertise in counterfeiting money.

Presidential Decree No. 247 (Defacement, Mutilation,

Tearing, Burning or Destroying Central Bank Notes and
Coins)

It shall be unlawful for any person to willfully deface, mutilate, tear,

burn, or destroy in any manner whatsoever, currency notes and coins
issued by the Central Bank.

(2) example: falsified lottery ticket treasury bonds,

62
 Elements of Crime.

Art 167.

63
 Art. 170

The legislative documents referred to in this article are bills,

resolutions, or ordinances already enacted or pending approval by
Congress or any Provincial Board, City Council, or Municipal Board or
Municipal Council.

This does not include BARANGAY Council. – this is simply

falsification.

Art 171.

64
 Second Situation: “Causing it to appear that persons have
participated in any proceeding when they did not so
participate.”

Fourth Situation: “Making untruthful statements in a

narration of facts.”

In the falsification of publc or official documents by public

officials or private individuals – it is not necessary that there is
present the intent to gain – what is punished is violation of
public faith.

ACTS BY WHICH ONE MAY COMMIT THE CRIME

People v Yensa (?) (April 29, 1962) – Accused charged with

falsification because in her certificate of continuacy for councilor
she made a false statement that she was eligible although she
knew that she was under 23 years old. Was the charge proper. –
she is not liable as she made a conclusion of law

65
….

Answer: Knowledge of absolute falsity of facts narrated by him

66
 Negligence, lack of foresight, lac of skill- when civil registrar
issued a certified birth certificate to one not born in manila –
through negligence in relying to oral manifestation – his act of
issuing certification constitutes falsification o f public
document through reckless imprudence.

Can the crime of falsification be committed by

Ommission?

He intentionally did not record and destroyed receipts to

enable him to avoid paying his purchases – SC declared in that
old case that he is guilty of falsification by omission – omission
must be intentional. If he is in conspiracy with public officer he
is guilty under 171.

67
68
 READ THIS CASE: YOU ARE RESPONSIBLE FOR
THIS.

Art 172.

Acts punished

1. Falsification of public, official or commercial document by a

private individual;

2. Falsification of private document by any person;

3. Use of falsified document.

Elements under paragraph 1

1. Offender is a private individual or public officer or employee

who did not take advantage of his official position;

2. He committed any act of falsification;

3. The falsification was committed in a public, official, or

commercial document or letter of exchange.
……

69
 Art. 173

70
 Art 175

Art 177. Usurpation of Authority or Official Functions

71
 etc – while concealing true name is for the purpose is merely to
conceal identity.

Art. 178.

If purpose is against private interest- it will bring about estafa!

In using fictitious name – element of publicity must be present-

while in concealing true name element of publicity is not
necessary – use of fictitious name purpose is to conceal a crime

72
I will hold you responsible for the ruling on this matter – was he
criminally liable?

73
 Even if the court did not believe his testimony it is immaterial.
What is material is that you testify falsely against accused – in a
criminal proceeding

Art 181. 182.

Perjury is different from false testimony.

Art. 180

74
75
READ THIS CASE: WE WILL REVIEW THIS BASED ON
YOUR READING IN NEXT MEETING. THIS IS YOUR
ASSIGNMENT.

Art 185

Read that case.

Art 186

76
 ANTI MONEY LAUNDERING ACT

RA 10167 – is a new law that amended it JUNE 2012. Amends

section 10 and 11 of RA 9160.

Read: RA 10168 – Terrorism financing prevention and

subversion act of 2012.

77
What is the limit of amount one is allowed to transact in a casino
day – where beyond that the gaming companies are already
required to report the matter to the council.

COVERED v SUSPICIOUS TRANSACTION

RA 8484

78
Read this case

79
 RA 9165

UNLAWFUL ACTS:

 Section 4. Importation of Dangerous Drugs and/or

Controlled Precursors and Essential Chemicals.- .
 Section 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. –
o Dispensation if the accused gave you even
without pay
 Section 6. Maintenance of a Den, Dive or Resort.
 Section 7. Employees and Visitors of a Den, Dive or
Resort.
 Section 8. Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
 Section 8. Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
 Section 9. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals.
 Section 10. Manufacture or Delivery of Equipment,
Instrument, Apparatus, and Other Paraphernalia for
Dangerous Drugs and/or Controlled Precursors and
Essential Chemicals
 Section 11. Possession of Dangerous Drugs.
 Section 12. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous
Drugs.
 Section 13. Possession of Dangerous Drugs During
Parties, Social Gatherings or Meetings.
 Section 14. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous
Drugs During Parties, Social Gatherings or Meetings.
 Section 15. Use of Dangerous Drugs.
 Section 16. Cultivation or Culture of Plants
Classified as Dangerous Drugs or are Sources
Thereof. –
 Section 17. Maintenance and Keeping of Original
Records of Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
 Section 18. Unnecessary Prescription of Dangerous
Drugs.
 Section 19. Unlawful Prescription of Dangerous
Drugs.

80
SEE THE PENALTY IN THE LAW

81
82
WORKING DEFINITION FOR THE BAR:

83
84
85
86
87
Read this case on your own.

Memorize Setion 21 by heart. MEMORIZE IT. MANY

QUESTIONS COME FROM THIS.

88
Even if the accused refuses to sign – they will just have to
indicate that- the refusal will not void the inventory.

89
...

90
There is no crime of conspiracy to commit possession. BUT there
is a crime of conspiracy in committing possession. (as a manner
of incurring crime of possession- pwede) READ this on your
own.

91
92
Opinion of judge: Art 96 of RA 9165 says the limited applicability
of RPC to RA 9165; Meaning provisions like Art 39 on subsidiary
imprisonment will not apply to RA 9165. But the instance where
RPC can apply to RA 9165, when accused is a minor.

93
94
(this ruling on Jamila is based on old law)

95
 Art 200. Grave Scandal

SEE: Elements of Grave Scandal.

Vagrancy has already been decriminalized.

96
97
(prev slide is skpd)

98
99
1st Exam Coverage: Crimes against national security
up to Dangerous Drugs.

100