Criminal Law Part 2

8/8/2019 Criminal Law Part 2

1/88

1

C R I M I N A L L A W ( B O O K 2 )REVIEWER

ATENEO CENTRAL BAR OPERATIONS 2001

TITLE ONEI. CRIMES AGAINST NATIONAL SECURITY

Article 114

ELEMENTS OF TREASON:

a. That the offender owes allegiance to the Government of the Philippinesb. That there is a war in which the Philippines is involvedc. That the offender either d. Levies war against the government,

1. breech of allegiance2. actual assembling of men3. for the purpose of executing a reasonable design

e. Adheres to the enemies, giving them aid and comfort

1. breech of allegiance2. adherence3. giving aid or comfort to the enemy

Ways of proving treason:

a. 2 witnesses testifying to same overt actExample: X saw arms landed in La Union and loaded into a motor vehicle. At thisstage, not sufficient to convict yet. Y later saw the arms unloaded in awarehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Becausethe law requires that 2 witnesses see the SAME OVERT ACT.

b. Confession of the accused in open court. Arraignment, pre-trial, trial OK.1. If he has pleaded NOT guilty already during arraignment, he can still confess

in open court by stating the particular acts constituting treason.

2. During trial, simply saying Im guilty is not enough.3. Withdrawing plea of not guilty during arraignment not necessary4. If during arraignment he pleads guilty, court will ask if the accused

understands is plea. Submission of affidavit during trial, even if assisted bycounsel is not enough.

Treason: breach of allegiance to the government, committed by a person who owes

allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent ortemporary depending on whether the person is a citizen or an alien.

Evident premeditation, superior strength and treachery are circumstances inherent in

treason, and are, therefore, not aggravating.

Treason cannot be committed in times of peace, only in times of war actual

hostilities. But no need for declaration of war

Levying of war: a) that there be an actual assembling of men; b) for the purpose ofexecuting a treasonable design by force (deliver the country in whole or in part to theenemy)

Not Treasonous:

a. Acceptance of public office and discharge of official duties under the enemydoes not constitute per se the felony of treason (exception: when it is policydetermining)

b. Serving in a puppet government (ministerial functions) and in order to servethe populace is NOT treasonous. But it is treason if: a) there is discretioninvolved; b) inflicts harm on Filipinos; c) it is disadvantageous to them.

c. Purpose of offender: to deliver the Philippines to enemy country; if merely tochange officials not treason

On Citizenshipa. Filipino citizens can commit treason outside the Philippines. But that of an

alien must be committed in the Philippines.b. Only Filipino citizens or permanent resident aliens can be held liablec. Alien: with permanent resident status from the BID it is neither the length of

stay in the Philippines nor the marriage with a Filipino that matters.

1


2/88

2



Treason cannot be proved by circumstantial evidence or by extra-judicial confession

of the accused

Actual hostilities may determine the date of the commencement of war

No such thing as attempted treason; mere attempt consummates the crime

Giving aid or comfort material element, enhances forces of the enemy country. Acts

which strengthen or tend to strengthen the enemy in the conduct of war against thetraitors country or that which weaken and tend to weaken the power of the same.Example: Financing arms procurement of enemy country. But giving of shelter is notnecessarily giving aid and comfort.

Adherence and giving aid or comfort must concur together. Adherence: when a

citizen intellectually or emotionally favors the enemy and harbors convictions disloyalto his countrys policy. But membership in the police force during the occupation isNOT treason.Example: Giving information to, or commandeering foodstuffs for the enemy.

Adherence may be proved by: (1) one witness; (2) from the nature of the act itself;

(3) from the circumstances surrounding the act. Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.

If you convict a person for treason by reason of irresistible force or uncontrollable

fear, you may use Art.12. No treason through negligence

When killings and other common crimes are charged as overt act of treason, they

cannot be regarded as (1) separate crimes or (2) as complex with treason.

Article 115CONSPIRACY TO COMMIT TREASON

ELEMENTS:

a. In time of warb. 2 or more persons come to an agreement to1. levy war against the government, or2. adhere to the enemies and to give them aid or comfort,

c. They decide to commit it

ELEMENTS OF PROPOSAL TO COMMIT TREASON

a. In time of warb. A person who has decided to levy war against the government, or to adhere

to the enemies and to give them aid or comfort, proposes its execution tosome other person/s.

Mere agreement and decisions to commit treason is punishable

Mere proposal even without acceptance is punishable too. If the other accepts, it is

already conspiracy.

Article 116MISPRISION OF TREASON

ELEMENTS:

a. That the offender must be owing allegiance to the government, and not aforeigner

b. That he has knowledge of any conspiracy (to commit treason) against thegovernment

c. That he conceals or does not disclose and make known the same as soon aspossible to the governor or fiscal of the province or the mayor or fiscal of the

city in which he resides Offender is punished as an accessory to the crime of treason

This crime does not apply if the crime of treason is already committed

Crime of omission

To report within a reasonable time depends on time, place and circumstance

the RPC did not fix time.

2


3/88

3



RPC states 4 individuals, what if you report to some other high-ranking government

official? Ex. PNP Director? Judge Pimentel says any govt official of the DILG is OK.

Article 117Espionage by entering, without authority therefor, warship, fort, or naval ormilitary establishments or reservation to obtain any information, plans,photographs or other data of a confidential nature relative to the defense of thePhilippines.

ELEMENTS:

a. 1. That the offender enters any of the places mentioned therein2 2. That he has no authority therefore;b. That his purpose is to obtain information, plans, photographs or other data of a

confidential nature relative to the defense of the Philippines

Espionage by disclosing to the representative of a foreign nation the contents ofthe articles, data, or information referred to in paragraph 1 of Article 117, which hehad in his possession by reason of the public office holds

a. ELEMENTS: That the offender is a public officerb. That he has in his possession the articles, data or information referred to in par 1

of art 117, by reason of the public office he holdsc. That he discloses their contents to a representative of a foreign nation

Purpose: to gather data

Espionage: the offense of gathering, transmitting, or losing information respecting the

national defense with the intent or reason to believe that the information is to beused to the injury of the Philippines or the advantage of any foreign nation. It is not

conditioned on citizenship. Not necessary that Philippines is at war with the country to which the information was

revealed. What is important is that the information related is connected with thedefense system of the Philippines.

Wiretapping is NOT espionage if the purpose is not something connected with the

defense

See CA 616

II. CRIMES AGAINST LAWS OF NATIONS

Article 118INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

ELEMENTS:

a. That the offender performs unlawful or unauthorized actsb. That 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

Crime is committed in time of peace, intent is immaterial

Inciting to war offender is any person

Reprisals is not limited to military action, it could be economic reprisals, or denial of

entry into their country. Example. X burns Chinese flag. If China bans the entry ofFilipinos into China, that is already reprisal.

Article 119VIOLATION OF NEUTRALITY

ELEMENTS:a. That there is war in which the Philippines is not involvedb. That there is a regulation issued by competent authority for the purpose of

enforcing neutralityc. That the offender violates such regulation

3


4/88

4



Govt must have declared the neutrality of the Phil in a war between 2 other countries

It is neutrality of the Phil that is violated

Congress has the right to declare neutrality

Article 120CORRESPONDENCE WITH HOSTILE COUNTRY

ELEMENTS:a. That it is in time of war in which the Philippines is involvedb. That the offender makes correspondence with an enemy country or territory

occupied by enemy troopsc. That the correspondence is either

1. prohibited by the government, or2. carried on in ciphers or conventional signs, or3. containing notice or information which might be useful to the enemy

Circumstances qualifying the offense:1 a. notice or information might be useful to the enemy2 b. offender intended to aid the enemy

Hostile country exist only during hostilities or after the declaration of war

Correspondence to enemy country correspondence to officials of enemy country

even if related to you.

It is not correspondence with private individual in enemy country

If ciphers were used, no need for prohibition

If ciphers were not used, there is a need for prohibition

In any case, it must be correspondence with the enemy country

Doesnt matter if correspondence contains innocent matters if prohibited,

punishable

Article 121FLIGHT TO ENEMYS COUNTRY

ELEMENTS

a. That there is a war in which the Philippines is involvedb. That the offender (Filipino or resident alien) must be owing allegiance to the

governmentc. That the offender attempts to flee or go to enemy countryd. That going to enemy country is prohibited by competent authority

Mere attempt consummates the crime

There must be a prohibition. If none, even if went to enemy country no violation Alien resident may be guilty here.

Article 122PIRACY

2 Ways of Committing Piracy

a. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD532)

b. By seizing the whole or part of the cargo of said vehicles, its equipment orpersonal belongings of its complement or passengers

Elements:

a. That a vessel is on the high seas/Philippine watersb. That the offenders are not members of its complement or passengers of the

vesselc. That the offenders

1. attack or seize that vessel or (hence, if committed by crew or passengers, thecrime is not piracy but robbery in the high seas)

4


5/88

5



2. seize the whole or part of the cargo of said vessel, its equipment or personalbelongings of its complement or passengers

High seas: any waters on the sea coast which are without the boundaries of the low

water mark although such waters may be in the jurisdictional limits of a foreign govt PD 532 has been already repealed

Piracy in high seas jurisdiction is with any court where offenders are found or

arrested

Piracy in internal waters jurisdiction is only with Philippine courts

For purpose of Anti-Fencing Law, piracy is part of robbery and theft

Piracy Mutiny

Robbery or forcible degradation on thehigh seas, without lawful authority anddone with animo furandi and in the spiritand intention of universal hostility.

Unlawful resistance to a superior officer, orthe raising of commotion and disturbanceson board a ship against the authority of itscommander

Intent to gain is an element.

Attack from outside. Offenders arestrangers to the vessel. (this is thestanding rule with the repeal of PD 532which made it possible for any person tocommit piracy including a passenger orcomplement of the vessel).

Attack from the inside.

Article 123QUALIFIED PIRACY

CIRCUMSTANCES:

a. Whenever they have seized a vessel by boarding or firing upon the sameb. Whenever the pirates have abandoned their victims without means of saving

themselvesc. Whenever the crime is accompanied by murder, homicide, physical injuries, or

rape. (the above may result to qualified mutiny)

Parricide/infanticide should be included (Judge Pimentel)

Note the new rape law. Death is imposed in certain types of rape

There is a conflict between this provision and the provision on rape. Ex. If rape is

committed on someone below 7 death under the new rape law. But if rapecommitted on someone below 7 during the time of piracy RP to death.

Irreconcilable. Murder/rape/homicide/physical injuries must have been committed on the

passengers or complement

TITLE TWO

I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Classes of Arbitrary Detention:a. By detaining a person without legal groundb. Delay in the delivery of detained persons to the proper judicial authoritiesc. Delaying release

Article 124ARBITRARY DETENTION

ELEMENTS:

a. That the offender is a public officer or employee (whose official duties include theauthority to make an arrest and detain persons; jurisdiction to maintain peaceand order).

5


6/88

6



b. That he detains a person (actual restraint).c. That the detention was without legal grounds (cannot be committed if with

warrant).

Detention: when a person is placed in confinement or there is a restraint on hisperson.

Though the elements specify that the offender be a public officer or employee,

private individuals who conspire with public officers can also be liable.

Legal grounds for the detention of any person:

a. commission of a crimeb. violent insanity or other ailment requiring compulsory confinement of the patient

in a hospital

Without legal grounds:

a. he has not committed any crime or no reasonable ground of suspicion that hehas committed a crime

b. not suffering from violent insanity or any other ailment requiring compulsory

confinement in a hospital Know grounds for warrantless arrest:

a. Crime is about to be, is being, has been committedb. Officer must have reasonable knowledge that the person probably committed the

crime

For escaped prisoner no need for warrant

Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)

Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X

voluntarily admitted to the officers that he did it although he was not asked. X wasdetained immediately. According to the SC, there was NO arbitrary detention. Why?Because once X made a confession, the officers had a right to arrest him.

Continuing crime is different from a continuous crime Ramos v. Enrile: Rebels later on retire. According to the SC, once you have

committed rebellion and have not been punished or amnestied, then the rebelscontinue to engage in rebellion, unless the rebels renounce his affiliation. Arrest canbe made without a warrant because this is a continuing crime.

Article 125DELAY IN THE DELIVERY OF DETAINED PERSONS

ELEMENTS:

a. That the offender is a public officer or employeeb. That he has detained a person for some legal grounds

c. That he fails to deliver such person to the proper judicial authority within:1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their

equivalent2. 18 hours, for crimes/offenses punishable by correctional penalties, or their

equivalent or3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive

penalties, or their equivalent

Really means delay in filing necessary information or charging of person detained in

court. May be waived if a preliminary investigation is asked for.

Does not contemplate actual physical delivery but at least there must be a complaint

filed. Duty complied with upon the filing of the complaint with the judicial authority(courts, prosecutors though technically not a judicial authority, for purposes of this

article, hes considered as one.) The filing of the information in court does not cure illegality of detention. Neither does

it affect the legality of the confinement under process issued by the court.

To escape from this, officers usually ask accused to execute a waiver which should

be under oath and with assistance of counsel. Such waiver is not violative of theaccused constitutional right.

6


7/88

7



What is length of waiver? Light offense 5 days. Serious and less serious offenses

7 to 10 days. (Judge Pimentel)

Article does not apply when arrest is via a warrant of arrest

If offender is a private person, crime is illegal detention

Arbitrary Detention (124) Delay in Delivery of Detained (125)

Detention is illegal from the beginning. Detention is legal in the beginning, but illegalitystarts from the expiration of the specifiedperiods without the persons detained havingbeen delivered to the proper judicial authority.

Article 126DELAYING RELEASE

ELEMENTS:a. That the offender is a public officer or employeeb. That there is a judicial or executive order for the release of a prisoner or

detention prisoner, or that there is a proceeding upon a petition for the liberationof such person

c. That the offender without good reason delays:1. the service of the notice of such order to the prisoner, or2. the performance of such judicial or executive order for the release of the

prisoner, or3. the proceedings upon a petition for the release of such person

Three acts are punishable:

a. delaying the performance of a judicial or executive order for the release of a

prisonerb. delaying the service of notice of such order to said prisonerc. delaying the proceedings upon any petition for the liberation of such person

Wardens and jailers are the persons most likely to violate this provision

Provision does not include legislation

Article 127EXPULSION

ELEMENTS:a. That the offender is a public officer or employeeb. That he expels any person from the Philippines, or compels a person to change

his residencec. That the offender is not authorized to do so by law

2 acts punishable:

a. by expelling a person from the Philippinesb. by compelling a person to change his residence(The crime of expulsion absorbs that of grave coercion. If done by a private person,will amount to grave coercion)i.e.,Villavicencio v. Lukban: prostitutes case

Does not include undesirable aliens; destierro; or when sent to prison

If X (Filipino) after he voluntarily left, is refused re-entry is considered forcing him to

change his address here

Threat to national security is not a ground to expel or change his address.

Article 128VIOLATION OF DOMICILE

ELEMENTS:a. That the offender is a public officer or employee

7


8/88

8



b. That he is not authorized by judicial order to enter the dwelling and/or to make asearch therein for papers or other effects

c. That he commits any of the following acts:1. entering any dwelling against the will of the owner thereof2. searching papers or other effects found therein without the previous consent

of such owner3. refusing to leave the premises, after having surreptitiously entered said

dwelling and after having been required to leave the same

Aggravating Circumstance (medium and maximum of penalty imposed):

a. offense committed at nighttimeb. papers or effects not constituting evidence of a crime be not returned

immediately

If the offender who enters the dwelling against the will of the owner thereof is a

private individual, the crime committed is trespass to dwelling (Art 280)

When a public officer searched a person outside his dwelling without a search

warrant and such person is not legally arrested for an offense, the crime committedby the public officer is grave coercion, if violence or intimidation is used (Art 286), orunjust vexation, if there is no violence or intimidation (Art 287)

A public officer without a search warrant cannot lawfully enter the dwelling against

the will of the owner, even if he knew that someone in that dwelling is havingunlawful possession of opium

3 acts punishable:

a. person enters dwelling w/o consent or against the willb. person enters and searches for papers and effectsc. person entered secretly and refuses to leave after being asked to

Being authorized by law means with search warrant, save himself or do some

things good for humanity

There must be expression that entry is denied or that he is asked to leave Papers and effects need not be part of a crime.

Article 129SEARCH WARRANTS MALICIOUSLY OBTAINED

ELEMENTS:a. That the offender is a public officer or employeeb. That he procures a search warrantc. That there is no just cause

ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING

UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLYPROCURED

ELEMENTS:a. That the offender is a public officer or employeeb. That he has legally procured a search warrantc. That he exceeds his authority or uses unnecessary severity in executing the

same

Search warrant is valid for 10 days from its date

Search warrant is an order in writing issued in the name of the People, signed by the

judge and directed to a public officer, commanding him to search for personalproperty described therein and bring it before the court

No just cause warrant is unjustified

Search limited to what is described in the warrant, all details must be with

particularity

Malicious warrant. Example. X was a respondent of a search warrant for illegal

possession of firearms. A return was made. The gun did not belong to X and thewitness had no personal knowledge that there is a gun in that place.

Abuse examples:

8


9/88

9



a. X owner was handcuffed while search was going-on.b. Tank was used to ram gate prior to announcement that a search will be madec. Persons who were not respondents were searched

Article 130

ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:

a. That the offender is a public officer or employeeb. That he is armed with a search warrant legally procuredc. That he searches the domicile, papers or other belongings of any persond. That the owner, or any member of his family, or two witnesses residing in the

same locality are not present

Order of those who must witness the search:

a. Homeownerb. Members of the family of sufficient age and discretionc. Responsible members of the community (cant be influenced by the searching

party) Validity of the search warrant can be questioned only in 2 courts: where issued or

where the case is pending. Latter is preferred for objective determination.

Article 131PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

ELEMENTS:

a. Offender is a public officer or employeeb. He performs any of the ff. acts:

1. prohibiting or interrupting, without legal ground the holding of a peacefulmeeting, or dissolving the same (e.g. denial of permit in arbitrary manner).

2. hindering any person from joining any lawful association or from attendingany of its meetings

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 ofgrievances

If the offender is a private individual, the crime is disturbance of public order (Art 153)

Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or

interrupting that meeting

Meeting is subject to regulation

Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, its

unjust vexation

Interrupting and dissolving a meeting of the municipal council by a public officer is a

crime against the legislative body, not punishable under this article

The person talking on a prohibited subject at a public meeting contrary to agreement

that no speaker should touch on politics may be stopped

But stopping the speaker who was attacking certain churches in public meeting is a

violation of this article

Prohibition must be without lawful cause or without lawful authority

Those holding peaceful meetings must comply with local ordinances. Example:

Ordinance requires permits for meetings in public places. But if police stops ameeting in a private place because theres no permit, officer is liable for stopping themeeting.

Article 132INTERRUPTION OF RELIGIOUS WORSHIP

ELEMENTS:

a. That the officer is a public officer or employeeb. That religious ceremonies or manifestations of any religion are about to take

place or are going onc. That the offender prevents or disturbs the same

9


10/88

10



Circumstance qualifying the offense: if committed with violence or threats

Reading of 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. But if

done in a private home, its a religious service Religious Worship: people in the act of performing religious rites for a religious

ceremony; a manifestation of religion. Ex. Mass, baptism, marriage

X, a private person, boxed a priest while the priest was giving homily and while the

latter was maligning a relative of X. Is X liable? X may be liable under Art 133because X is a private person.

When priest is solemnizing marriage, he is a person in authority, although in other

cases, hes not.

Article 133OFFENDING RELIGIOUS FEELINGS

ELEMENTS:a. That the acts complained of were performed

1. in a place devoted to religious feelings, or (for this element, no need ofreligious ceremony, only the place is material)

2. during the celebration of any religious ceremonyb. That the acts must be notoriously offensive to the feelings of the faithful

(deliberate intent to hurt the feelings)c. The offender is any persond. There is a deliberate intent to hurt the feelings of the faithful, directed against

religious tenet

If in a place devoted to religious purpose, there is no need for an ongoing religious

ceremony

Example of religious ceremony (acts performed outside the church). Processions

and special prayers for burying dead persons but NOT prayer rallies

Acts must be directed against religious practice or dogma or ritual for the purpose of

ridicule, as mocking or scoffing or attempting to damage an object of religiousveneration

There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or

rudeness is not enough

CRIME Nature of Crime Who are Liable If Element Missing

Prohibition,Interruption and

Dissolution ofPeacefulMeeting (131)

Crime against thefundamental law of

the state

Public officers,Outsiders

If not by public officer =tumults

Interruption ofReligiousWorship (132)

Crime against thefundamental law ofthe state

Public officers,Outsiders

If by insider = unjustvexationIf not religious = tumult oralarmsIf not notoriously offensive= unjust vexation

Offending theReligious Feeling(133)

Crime againstpublic order

Public officers,private persons,outsiders

If not tumults = alarmsand scandalIf meeting illegal at onset

= inciting to sedition orrebellion

TITLE THREEI. CRIMES AGAINST PUBLIC ORDER

Article 134REBELLION OR INSURRECTION

10


11/88

11



ELEMENTS:

a. That there be

1. public uprising and2. taking arms against the government (force/violence)b. That the purpose of the uprising or movement is either

1. to remove from the allegiance to said government or its laws 3 i. the territory of the Philippines or any part thereof, or4 ii. any body of land, naval or other armed forces, or2 To deprive the chief executive or congress, wholly or partially, of any of their

powers or prerogatives

Persons liable for rebellion

a. Any person who: 1. promotes2. maintains, or3. heads a rebellion or insurrection; or

b. Any person who, while holding any public office or employment, takes parttherein by:1. engaging in war against the forces of the government2. destroying property or committing serious violence3. exacting contributions or diverting public funds from the lawful purpose for

which they have been appropriated (Note: diverting public funds ismalversation absorbed in rebellion);

4. Any person merely participating or executing the command of others inrebellion

Success is immaterial, purpose is always political

Rebellion used where the object of the movement is completely to overthrow and

supersede the existing government

Insurrection refers to a movement which seeks merely to effect some change ofminor importance to prevent the exercise of govt authority w/ respect to particularmatters or subjects

Actual clash of arms w/ the forces of the govt, not necessary to convict the accused

who is in conspiracy w/ others actually taking arms against the govt

Purpose of the uprising must be shown but it is not necessary that it be

accomplished

A change of government w/o external participation

RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT actual

participation. If there is no public uprising, the crime is of direct assault.

Mere giving of aid or comfort is not criminal in the case of rebellion. Merely

sympathizing is not participation, there must be ACTUAL participation Not necessary that there is killing, mere threat of removing Phil is sufficient

Rebellion cannot be complexed with any other crime. However, illegal possession of

firearms in furtherance of rebellion is distinct from the crime of rebellion.Furthermore, it is a continuing crime such along with the crime of conspiracy orproposal to commit such

A private crime may be committed during rebellion. Examples: killing, possessions of

firearms, illegal association are absorbed. Rape, even if not in furtherance ofrebellion cannot be complexed

If killing, robbing were done for private purposes or for profit, without any political

motivation, the crime would be separately be punished and would not be embracedby rebellion (People v. Fernando)

Read People v. Hernandezand Enrile v. Salazar

Person deemed leader of rebellion in case he is unknown:

Any person who in fact:

a. directed the othersb. spoke for themc. signed receipts and other documents issued in their named. performed similar acts on behalf of the rebels

11


12/88

12



Article 134-ACOUP D ETAT

ELEMENTS:

a. Swift attackb. Accompanied by violence, intimidation, threat, strategy or stealthc. Directed against:

1. duly constituted authorities2. any military camp or installation3. communication networks or public utilities4. other facilities needed for the exercise and continued possession of power5. Singly or simultaneously carried out anywhere in the Philippines6. Committed by any person or persons belonging to the military or police or

holding any public office or employment; with or without civilian support or

participation7. With or without civilian support or participation8. Purpose of seizing or diminishing state power

Crime may be committed by a single person, any government employee and even by

civilian

Taking up of arms not even necessary, what is important is violence, threat,

intimidation, strategy or stealth

Treason (114) Rebellion (134) Coup detat(134-A)

Sedition (139)

Nature ofCrime

Crime againstNational Security

Crime againstPublic Order

Crimeagainst

Public Order

Crime againstPublic Order

OvertActs

levying war against the govt;

ORadherence andgiving aid or comfort toenemies

Public uprisingAND

Taking up armsagainst the govt

See article. Rising publicly ortumultuously(caused by morethan 3 armed menor provided withmeans of violence)

Purposeofobjective

Deliver the govtto enemy duringwar

See article. Seizing or diminishingstate power.

See enumeration inarticle.

Article 135PENALTIES

Who are liable?

a. Any person who:1. Promotes2. Maintains3. heads a rebellion or insurrection

b. Any person who, while holding any public office or employment, takes parttherein1. engaging in war against the forces of the govt2. destroying property or committing serious violence

3. exacting contributions or diverting public funds from the lawful purpose forwhich they have been appropriated

c. Any person merely participating or executing the command of other in a rebellion

In Government Service Not in Government Service

Anyone who leads, directs, commands othersto undertake a coup.

Anyone who participates or in an manner,supports, finances, abets, aids in a coup.

12


13/88

13



Serious violence is that inflicted upon civilians, which may result in homicide. It is not

limited to hostilities against the armed force.

Diverting public funds is malversation absorbed in rebellion

a. Public officer must take active part because mere silence or omission notpunishable in rebellionb. It is not a defense in rebellion that the accused never took the oath of allegiance

to, or that they never recognized the governmentc. Rebellion cannot be complexed with murder and other common crimes

committed in pursuance of the movement to overthrow the governmentd. Killing, robbing etc for private persons or for profit, without any political

motivation, would be separately punished and would not be absorbed in therebellion.

Article 136CONSPIRACY TO COMMIT REBELLION OR INSURRECTION

ELEMENTS:a. 2 more persons come to an agreement to rise publicly and take arms against the

governmentb. For any of the purposes of rebellionc. They decide to commit it

PROPOSAL TO COMMIT REBELLION OR INSURRECTION (136)

ELEMENTS:

a. A person who has decided to rise publicly and take arms the governmentb. For any of the purposes of rebellionc. Proposes its execution to some other person/s

Organizing a group of soldiers, soliciting membership in, and soliciting funds for the

organization show conspiracy to overthrow the govt The mere fact of giving and rendering speeches favoring Communism would not

make the accused guilty of conspiracy if theres no evidence that the hearers thenand there agreed to rise up in arms against the govt

Conspiracy must be immediately prior to rebellion

If it is during the rebellion, then it is already taking part in it.

Article 137DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES

ELEMENTS:

a. Failing to resist rebellion by all the means in their powerb. Continuing to discharge the duties of their offices under the control of rebelsc. Accepting appointment to office under rebels

Presupposes existence of rebellion

Must not be in conspiracy with rebels or coup plotters

If there are means to prevent the rebellion but did not resist it, then theres disloyalty.

If there are no means, no fault

If position is accepted in order to protect the people, not covered by this

The collaborator must not have tried to impose the wishes of the rebels of the

people.

Article 138

INCITING TO REBELLION OR INSURRECTION

ELEMENTS:

a. That the offender does not take arms or is not in open hostility against thegovernment

b. That he incites others to the execution of any of the acts of rebellionc. That the inciting is done by means of speeches, proclamations, writings,

emblems, banners or other representations tending to the same end

13


14/88

14



Intentionally calculated to seduce others to rebellion

There must be uprising to take up arms and rise publicly for the purposes indicated

in Art 134

Proposal to Commit Rebellion (136) Inciting to Rebellion (138)

The person who proposes has decided tocommit rebellion.

Not required that the offender hasdecided to commit rebellion.

The person who proposes the executionof the crime uses secret means.

The inciting is done publicly.

Article 139SEDITION

ELEMENTS:

a. That the offenders rise

1. Publicly (if no public uprising = tumult and other disturbance of public order)2. Tumultuously (vis--vis rebellion where there must be a taking of arms)

b. That they employ force, intimidation, or other means outside of legal methodsc. That the offenders employ any of those means to attain any of the following

objects:1. to prevent the promulgation or execution of any law or the holding of any

popular election2. to prevent the national government, or any provincial or municipal

government, or any public thereof from freely exercising its or his functions,or prevent the execution of any administrative order

3. to inflict any act or hate or revenge upon the person or property of any publicofficer or employee

4. to commit for any political or social end, any act of hate or revenge againstprivate persons or any social class (hence, even private persons may beoffended parties)

5. to despoil, for any political or social end, any person, municipality or province,or the national government of all its property or any part thereof

Sedition: raising of commotion or disturbances in the State. Its ultimate object is a

violation of the public peace or at least such measures that evidently engenders it.

Difference from rebellion object or purpose of the surprising. For sedition

sufficient that uprising is tumultuous. In rebellion there must be taking up of armsagainst the government.

Sedition purpose may be either political or social. In rebellion always political

Tumultuous caused by more than 3 persons who are armed or provided with

means of violence

Preventing public officers from freely exercising their functions

In sedition offender may be a private or public person (Ex. Soldier)

Public uprising and the object of sedition must concur

Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes

committed in that case were independent of each other.

Preventing election through legal means NOT sedition

But when sugar farmers demonstrated and destroyed the properties of sugar barons

sedition

Persons liable for sedition:

a. leader of the sedition, andb. other persons participating in the sedition

Article 142INCITING TO SEDITION

ELEMENTS:

a. That the offender does not take a direct part in the crime of sedition

14


15/88

15



b. That he incites others to the accomplishment of any of the acts which constitutesedition (134)

c. That the inciting is done by means of speeches, proclamations, writing, emblems,cartoons, banners, or other representations tending to the same end (purpose:cause commotion not exactly against the government; actual disturbance notnecessary)

Different acts of inciting to sedition:

a. Inciting others to the accomplishment of any of the acts which constitute seditionby means of speeches, proclamations, writings, emblems etc.

b. Uttering seditious words or speeches which tend to disturb the public peace orwriting, publishing, or circulating scurrilous [vulgar, mean, libelous] libels againstthe government or any of the duly constituted authorities thereof, which tend todisturb the public peace

c. Knowingly concealing such evil practices

When punishable:

a. when they tend to disturb or obstruct any lawful officer in executing the functionsof his office; orb. when they tend to instigate others to cabal and meet together for unlawful

purposesc. when they suggest or incite rebellious conspiracies or riots; ord. when they lead or tend to stir up the people against the lawful authorities or to

disturb the peace of the community, the safety and order of the government

II. CRIMES AGAINST POPULAR REPRESENTATION

Article 143ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR

BODIES

ELEMENTS:

a. That there be a projected or actual meeting of Congress or any of its committeesor subcommittees, constitutional commissions or committees or division thereof,or of any provincial board or city or municipal council or board

b. That the offender who may be any persons prevents such meeting by force orfraud

Chief of Police and mayor who prevented the meeting of the municipal council are

liable under Art 143, when the defect of the meeting is not manifest and requires aninvestigation before its existence can be determined.

Article 144DISTURBANCE OF PROCEEDINGS

ELEMENTS:

a. That there be a meeting of Congress or any of its committees, constitutionalcommissions or committees or divisions thereof, or of any provincial board or cityor municipal council or board

b. That the offender does any of the following acts1. he disturbs any of such meetings2. 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

Complaint must be filed by member of the Legislative body. Accused may also be

punished for contempt.

Article 145VIOLATION OF PARLIAMENTARY IMMUNITY

Acts punishable:

a. By using force, intimidation, threats, or frauds to prevent any member ofCongress from

15


16/88

16



1. attending the meeting of the assembly or any of its committees, constitutionalcommissions or committees or divisions thereof, or from

2. expressing his opinions or3. casting his vote

b. By arresting or searching any member thereof while Congress is in a regular orspecial session, except in case such member has committed a crime punishableunder the code by a penalty higher than prision mayorElements:1. That the offender is a public officer or employee2. That he arrests or searches any member of Congress3. That Congress, at the time of arrest or search, is in a regular or special

session4. That the member searched has not committed a crime punishable under the

code by a penalty higher than prision mayor (1987 constitution: privilege fromarrest while congress in session in all offenses punishable by not more than 6years imprisonment).

Article partly inoperative because of the 1987 Constitution

.III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146ILLEGAL ASSEMBLIES

Two (2) Types of illegal assemblies:

a. Meeting of the first form1. Meeting, gathering or group of persons whether in a fixed place or moving2. purpose : to commit any of crimes punishable under the code

3. meeting attended by armed personsb. Meeting of the second form1. Meeting, gathering or group of persons whether in a fixed place or moving2. Audience whether armed or not, is incited to the commission of the crime of

treason, rebellion or insurrection, sedition or direct assault.

Not all the persons present at the meeting of the first form of illegal assembly must

be armed

Persons liable for illegal assembly

a. the organizers or leaders of the meetingb. persons merely present at the meeting (except when presence is out of curiosity

not liable)

Responsibility of persons merely present at the meeting

a. if they are not armed, penalty is arresto mayorb. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision

correccional

Presumptions if person present at the meeting carries an unlicensed firearm:

a. purpose of the meeting is to commit acts punishable under the RPCb. considered as leader or organizer of the meeting

Article 147ILLEGAL ASSOCIATIONS

ELEMENTS:

a. Organized totally or partially for the purpose of committing any of the crimes in

RPCb. Or for some purpose contrary to public morals

Persons liable:

a. founders, directors and president of the associationb. mere members of the association

Illegal Assembly (146) Illegal Association (147)

Must be an actual meeting of armed No need for such

16


17/88

17



persons to commit any of the crimespunishable under the RPC, or of individualswho, although not armed, are incited to thecommission of treason, rebellion, seditionor assault upon a person in authority of hisagent.

It is the meeting and the attendance at suchthat are punished

Act of forming or organizing andmembership in the association

Persons liable: leaders and those present Founders, directors, president andmembers

IV. ASSAULT, RESISTANCE AND DISOBEDIENCE

Article 148DIRECT ASSAULT

ELEMENTS OF THE 1ST

FORM OF DIRECT ASSAULTa. That the offender employs force or intimidation.b. That the aim of the offender is to attain any of the purposes of the crime of

rebellion or any of the objects of the crimes of sedition. (victim need not beperson in authority)

c. That there is no public uprising.

ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:

a. That the offender (a) makes an attack, (b) employs force, (c) makes a seriousintimidation, or (d) makes a serious resistance.

b. That the person assaulted is a person in authority or his agent.c. That at the time of the assault the person in authority or his agent (a) is engaged

in the actual performance of official duties (motive is not essential), or that he is

assaulted (b) by reason of the past performance of official duties (motive isessential).

d. That the offender knows that the one he is assaulting is a person in authority orhis agent in the exercise of his duties (with intention to offend, injure or assault).

e. That there is no public uprising.

Always complexed with the material consequence of the act (e.g. direct assault with

murder) except if resulting in a light felony, in which case, the consequence isabsorbed

Hitting the policeman on the chest with fist is not direct assault because if done

against an agent of a person in authority, the force employed must be of seriouscharacter

The force employed need not be serious when the offended party is a person in

authority (ex. Laying of hands) The intimidation or resistance must be serious whether the offended party is an

agent only or a person in authority (ex. Pointing a gun)

Force Employed Intimidation/Resistance

Person in Authority Need not be serious Serious

Agent Must be of serious character Serious

Person in authority: any person directly vested with jurisdiction (power or authority to

govern and execute the laws) whether as an individual or as a member of somecourt or governmental corporation, board or commission

A barangay captain is a person in authority, so is a Division Superintendent ofschools, President of Sanitary Division and a teacher

Agent: is one who, by direct provision of law or by election or by appointment by

competent authority, is charged with the maintenance of public order and theprotection and security of life and property. (Example. Barrio councilman and anyperson who comes to the aid of the person in authority, policeman, municipaltreasurer, postmaster, sheriff, agents of the BIR, Malacaang confidential agent)

Even when the person in authority or the agent agrees to fight, still direct assault.

17


18/88

18



When the person in authority or the agent provoked/attacked first, innocent party is

entitled to defend himself and cannot be held liable for assault or resistance nor forphysical injuries, because he acts in legitimate self-defense

There can be no assault upon or disobedience to one authority by another when theyboth contend that they were in the exercise of their respective duties.

When assault is made by reason of the performance of his duty there is no need for

actual performance of his official duty when attacked

Circumstances qualifying the offense (Qualified Assault):

a. when the assault is committed with a weaponb. when the offender is a public officer or employeec. when the offender lays hand upon a person in authority

Complex crime of direct assault with homicide or murder, or with serious physical

injuries.

Direct assault cannot be committed during rebellion.

Article 149INDIRECT ASSAULT

ELEMENTS:

a. That a person in authority or his agent is the victim of any of the forms of directassault defined in ART. 148.

b. That a person comes to the aid of such authority or his agent.c. That the 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 a direct assault is also committed

To be indirect assault, the person who should be aided is the agent (not the person in

authority because it is already direct assault, the person coming to the aid of theperson in authority being considered as an agent and an attack on the latter isalready direct assault). Example. Aiding a policeman under attack.

Article 150DISOBEDIENCE TO SUMMONS

Acts punishable:

a. refusing without legal excuse to obey summonsb. refusing to be sworn or placed under affirmationc. refusing to answer any legal inquiry to produce books, records etc.

d. restraining another from attending as witness in such bodye. inducing disobedience to a summons or refusal to be sworn

Article 151RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OFSUCH PERSON (par. 1)

ELEMENTS:

a. That a person in authority or his agent is engaged in the performance of officialduty or gives a lawful order to the offender.

b. That the offender resists or seriously disobeys such person in authority or hisagent.

c. That the act of the offender is not included in the provisions of arts. 148, 149 and

150.

SIMPLE DISOBEDIENCE (par. 2)

ELEMENTS:

a. That an agent of a person in authority is engaged in the performance of officialduty gives a lawful order to the offender.

b. That the offender disobeys such agent of a person in authority.c. That such disobedience is not of a serious nature.

18


19/88

19



Direct Assault (148) Resistant and Disobedience to a Person inAuthority or Agents of such Person (151)

PIA or his agent must be engaged in theperformance of official duties or that heis assaulted

PIA or his agent must be in the actualperformance of his duties.

Direct assault is committed in 4 ways by attacking, employing force, andseriously resisting a PIA or his agent.

Committed by resisting or seriouslydisobeying a PIA or his agent.

Use of force against an agent of PIAmust be serious and deliberate.

Use of force against an agent of a PIA is notso serious; no manifest intention to defy thelaw and the officers enforcing it.

Article 152PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:

Persons in Authority any person directly vested with jurisdiction, whether as anindividual or as a member of some court or governmental corporation, board orcommission.a. Barangay captainb. Barangay chairmanc. Teachersd. Professorse. Persons charged with the supervision of public or duly recognized private

schools, colleges and universitiesf. Lawyers in the actual performance of their professional duties or on the occasion

of such performance

Agent of Person in Authority any person who, by direct provision of law or by

election or by appointment by competent authority, is charged with the maintenanceof public order and the protection and security of life and property.a. Barrio councilmanb. Barrio policemanc. Barangay leaderd. Any person who comes to the aid of persons in authority

Section 388 of the Local Govt Code provides that for purposes of the RPC, the

punong barangay, sangguniang barangay members and members of the lupongtagapamayapa in each barangay shall be deemed as persons in authority in their

jurisdictions, while other barangay officials and members who may be designated bylaw or ordinance and charged with the maintenance of public order, protection andthe security of life, property, or the maintenance of a desirable and balanced

environment, and any barangay member who comes to the aid of persons inauthority shall be deemedAGENT of persons in authority.

V. CRIMES AGAINST PUBLIC DISORDERS

Article 153

TYPES OF TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER:

a. Causing any serious disturbance in a public place, office or establishmentb. Interrupting or disturbing public performances, functions, gatherings or peaceful

meetings, if the act is not included in Art 131 and 132 (Public Officers interrupting

peaceful meetings or religious worship).c. Making any outcry tending to incite rebellion or sedition in any meeting,

association or public placed. Displaying placards or emblems which provoke a disturbance of public order in

such placee. Burying with pomp the body of a person who has been legally executed.

If the act of disturbing or interrupting a meeting or religious ceremony is NOT

committed by public officers, or if committed by public officers they are not

19


20/88

20



participants therein, this article applies. Art 131 and 132 punishes the same acts ifcommitted by public officers who are NOT participants in the meeting

The outcry is merely a public disorder if it is an unconscious outburst which, although

rebellious or seditious in nature, is not intentionally calculated to induce others tocommit rebellion or sedition, otherwise, its inciting to rebellion or sedition.

Tumultuous if caused by more than 3 persons who are armed or provided with

means of violence (circumstance qualifying the disturbance/interruption) tumultuous in character

Article 154

TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL

UTTERANCES:

a. Publishing or causing to be published, by means of printing, lithography or anyother means of publication as news any false news which may endanger thepublic order, or cause damage to the interest or credit of the State.

b. Encouraging disobedience to the law or to the constituted authorities or bypraising, justifying or extolling any act punished by law, by the same means or bywords, utterances or speeches

c. Maliciously publishing or causing to be published any official resolution ordocument without proper authority, or before they have been published officially

d. Printing, publishing or distributing or (causing the same) books, pamphlets,periodicals or leaflets which do not bear the real printers name or which areclassified as anonymous.

Article 155 TYPES OF ALARMS AND SCANDALS:

a. Discharging any firearm, rocket, firecracker, or other explosive within any town orpublic place, calculated to cause alarm or danger

b. Instigating or taking active part in any charivari or other disorderly meetingoffensive to another or prejudicial to public tranquility

c. Disturbing the public peace while wandering about at night or while engaged inany other nocturnal amusement

d. Causing any disturbance or scandal in public places while intoxicated orotherwise, provided the act is not covered by Art 153 (tumult).

Charivari mock serenade or discordant noises made with kettles, tin horns etc,

designed to deride, insult or annoy

Firearm must not be pointed at a person, otherwise, it is illegal discharge What governs is the result, not the intent

CRIME Nature of Crime Who are Liable

Tumults and other Disturbances (153)

Crime against Public Order Private persons,outsider

Alarms and Scandals (155) Crime against Public Order Private persons,outsider

Article 156

ELEMENTS OF DELIVERING PRISONERS FROM JAILS:

a. That there is a person confined in a jail or penal establishment.b. That the offender removes therefor such person, or helps the escape of such

person (if the escapee is serving final judgement, he is guilty of evasion ofsentence).

c. Offender is a private individual

Prisoner may be detention prisoner or one sentenced by virtue of a final judgment

A policeman assigned to the city jail as guard who while off-duty released a prisoner

is liable here

20


21/88

21



It may be committed through negligence

Circumstances qualifying the offense is committed by means of violence,

intimidation or bribery.

Mitigating circumstance if it takes place outside the penal establishment by takingthe guards by surprise

VI. EVASION OF SENTENCE OR SERVICE

Article 157

ELEMENTS OF EVASION OF SERVICE OF SENTENCE:

a. That the offender is a convict by final judgment.b. That he is serving his sentence which consists in deprivation of liberty

(destierro included)c. That he evades the service of his sentence by escaping during the term if his

sentence. (fact of return immaterial).

A continuing offense. Offenders not minor delinquents nor detention prisoners

If escaped within the 15 day appeal period no evasion

No applicable to deportation as the sentence

Flimsy excuse for violating destierro not acceptable

Circumstances qualifying the offense (done thru):

a. unlawful entry (by scaling)b. breaking doors, windows, gates, walls, roofs or floorsc. using picklocks, false keys, disguise, deceit, violence or intimidationd. connivance with other convicts or employees of the penal institution

Article 158 ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF

DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:a. That the offender is a convict by final judgement who is confined in a penal

institution.b. That there is disorder, resulting from- 1. conflagration,

2. earthquake,3. explosion, or4. similar catastrophe, or5. mutiny in which he has not participated.

c. That the offender evades the service of his sentence by leaving the penalinstitution where he is confined, on the occasion of such disorder or during

the mutiny.d. That the offender fails to give himself up to the authorities within 48 hoursfollowing the insurance of a proclamation by the chief executive announcingthe passing away of such calamity.

Penalty: an increase by 1/5 of the time remaining to be served under the original

sentence, in no case to exceed 6 months.

Offender must escape to be entitled to allowance

Mutiny organized unlawful resistance to a superior officer, a sedition, a revolt

Disarming the guards is not mutiny

Article 159VIOLATION OF CONDITIONAL PARDON

ELEMENTS:

a. That the offender was a convict.b. That he was granted a conditional pardon by the chief executive.c. That he violated any of the conditions of such pardon.

Condition extends to special laws violation of illegal voting

21


22/88

22



Offender must have been found guilty of the subsequent offense before he can be

prosecuted under this Article. But if under Revised Admin Code, no convictionnecessary. President has power to arrest, reincarnate offender without trial

VIOLATION OF PARDON ORDINARY EVASION

Infringement of conditions/terms ofPresident

To evade the penalty given by the courts disturbs the public order

Two penalties provided:

a. prision correccional in its minimum period if the penalty remitted does notexceed 6 years

b. the unexpired portion of his original sentence if the penalty remitted is higherthan 6 years

VII. COMMISSION OF ANOTHER CRIME

Article 160COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSEDFOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)

ELEMENTS

a. That the offender was already convicted by final judgement of one offense.b. That he committed a new felony before beginning to serve such sentence or

while serving the same.

Quasi-recidivism : a person after having been convicted by final judgement shall

commit a new felony before beginning to serve such sentence, or while serving the

same. Second crimes must belong to the RPC, not special laws. First crime may be either

from the RPC or special laws

Reiteracion: offender shall have served out his sentence for the prior offense

A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual

Delinquent

If new felony is evasion of sentence offender is not a quasi-recidivist

Penalty: maximum period of the penalty for the new felony should be imposed

(mitigating circumstance can only be appreciated if the maximum is divisible)

Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex.

Minority)

TITLE FOURI. CRIMES AGAINST PUBLIC INTEREST

Article 161

TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:

a. Forging the great seal of the Governmentb. Forging the signature of the Presidentc. Forging the stamp of the President

When the signature of the President is forged, it is not falsification but forging of

signature under this article

Signature must be forged, others signed it not the President.

Article 162

USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:

a. That the great seal of the republic was counterfeited or the signature orstamp of the chief executive was forged by another person.

b. That the offender knew of the counterfeiting or forgery.c. That he used the counterfeit seal or forged signature or stamp.

Offender is NOT the forger/not the cause of the counterfeiting

22


23/88

23



Article163

ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:

a. That there be false or counterfeited coins (need not be legal tender).b. That the offender either made, imported or uttered such coins.c. That in case of uttering such false or counterfeited coins, he connives with

counterfeiters or importers.

Coin is counterfeit if it is forged, or if it is not an article of the government as legal

tender, regardless if it is of no value

Counterfeiting imitation of legal or genuine coin (may contain more silver, different

design) such as to deceive an ordinary person in believing it to be genuine

Utter to pass counterfeited coins, deliver or give away

Import to bring to port the same

Both Philippine and foreign state coins

Applies also to coins withdrawn from circulation

Essence of article: making of coins without authority

Article 164

ELEMENTS OF MULTILATION OF COINS IMPORTATION AND UTTERANCE:

This has been repealed by PD 247. Under this PD, the acts punishable are:a. willful defacementb. mutilationc. tearingd. burninge. destruction of Central Bank notes and coins

Mutilation to take off part of the metal either by filling it or substituting it for another

metal of inferior quality, to diminish by inferior means (to diminish metal contents).

Foreign notes and coins not included. Must be legal tender. Must be intention to mutilate.

Article 165SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE

2 Types

a. Possession of coin, counterfeited or mutilated by another person, with intentto utter the same, knowing that it is false or mutilated.ELEMENTS:

1. possession2. with intent to utter, and

3. knowledgeb. Actually uttering such false or mutilated coin, knowing the same to be false or

mutilated.ELEMENTS:

1. actually uttering, and2. knowledge.

Possession does not require legal tender in foreign coins

Includes constructive possession

Read RA 427

Article 166FORGING TREASURY OR BANK NOTES IMPORTING AND UTTERING

Acts punishable:

a. Forging or falsity of treasury/bank notes or documents payable to bearerb. Importing of such notesc. Uttering of such false or forged obligations and notes in connivance with

forgers and importers

23


24/88

24



Forging by giving a treasury or bank note or document payable to bearer/order an

appearance of a true and genuine document

Falsification by erasing, substituting, counterfeiting or altering by any means the

figures and letters, words, signs contained therein E.g. falsifying lotto or sweepstakes ticket. Attempted estafa through falsification of

an obligation or security of the Phil

PNB checks not included here its falsification of commercial document under

Article 172

Obligation or security includes: bonds, certificate of indebtedness, bills, national bank

notes, coupons, treasury notes, certificate of deposits, checks, drafts for money,sweepstakes money

Article 167

ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING

INSTRUMENTS NOT PAYABLE TO BEARER:

a. That there be an instrument payable to order or other document of credit notpayable to bearer.

b. That the offender either forged, imported or uttered such instruments.c. That in case of uttering, he connived with the forger or importer.

Article 168

ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR

BANK NOTES AND OTHER INSTRUMENT OF CREDIT:a. That any treasury or bank note or certificate or other obligation and security

payable to bearer, or any instrument payable to order or other document ofcredit not payable to bearer is forged or falsified by another person.

b. That the offender knows that any of those instruments is forged or falsified.c. That he performs any of these acts

1. using any of such forged or falsified instrument, or2. possessing with intent to use any of such forged or falsified instrument.

Act sought to be punished: Knowingly possessing with intent to use any of such

forged treasury or bank notes

Article 169FORGERY

How forgery is committed:

a. by giving to a treasury or bank note or any instrument payable to bearer or toorder, the appearance of a true and genuine document

b. by erasing, substituting, counterfeiting, altering by any means the figures, lettersor words, or signs contained therein.

if all acts done but genuine appearance is not given, the crime is frustrated

Article 170

ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:

a. That these be a bill, resolution or ordinance enacted or approved or pendingapproval by the national assembly or any provincial board or municipal council.

b. That the offender (any person) alters the same.c. That he has no proper authority therefor.d. That the alteration has changed the meaning of the document.

Accused must not be a public official entrusted with the custody or possession of

such document otherwise Art 171 applies .

Article 171FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARYOR ECCLESTASTICAL MINISTER

ELEMENTS:

a. That the offender is a public officer, employee, or notary public.b. That he takes advantage of his official position.

24


25/88

25



c. That he falsifies a document by committing any of the following acts:1. Counterfeiting or imitating any handwriting, signature or rubric.

Requisites:i. That there be an intent to imitate, or an attempt to imitateii. That the two signatures or handwritings, the genuine and the

forged, bear some resemblance, to each other

(lack of similitude/imitation of a genuine signature will not be a groundfor conviction under par. 1 but such is not an impediment to convictionunder par. 2)

2. Causing it to appear that persons have participated in any act or proceedingwhen they did not in fact so participate.

3. Attributing to persons who have participated in an act or proceedingstatements other than those in fact made by them.Requisites:

i. That the offender caused it to appear in a document that aperson/s participated in an act or a proceeding; and

ii. That such person/s did not in fact so participate in the act orproceeding

4. Making untruthful statements in a narration of facts;Requisites:

i. That the offender makes in a document statements in a narrationof facts

ii. That he has a legal obligation to disclose the truth of the factsnarrated by him; (required by law to be done) and

iii. That the facts narrated by the offender are absolutely false; andiv. That the perversion or truth in the narration of facts was made with

the wrongful intent of injuring a third person

There must be a narration of facts, not a conclusion of law. Must be on amaterial matter

Legal obligation means that there is a law requiring the disclosure of thetruth of the facts narrated. Ex. Residence certificates

The person making the narration of facts must be aware of the falsity ofthe facts narrated by him. This kind of falsification may be committed byomission

5. Altering true dates. date must be essential6. Making any alteration or intercalation in a genuine document which changes

its meaning.Requisites:

i. That there be an alteration (change) or intercalation (insertion) on

a documentii. That it was made on a genuine documentiii. That the alteration/intercalation has changed the meaning of the

documentiv. That the change made the document speak something false.

7. Issuing in an authenticated form a document purporting to be a copy of anoriginal document when no such original exists, or including in such copy astatement contrary to, or different from, that of the genuine original; (if noknowledge, falsification through negligence) or

8. Intercalating any instrument or note relative to the issuance thereof in aprotocol, registry, or official book. (genuine document)

d. In case the offender is an ecclesiastical minister, the act of falsification iscommitted with respect to any record or document of such character that itsfalsification may affect the civil status of persons.

There is no crime of attempted or frustrated falsification of public document

Persons liable public officer, employee or notary public or ecclesiastical minister

If offender does not take advantage of his public position, he may still be liable for

falsification of documents by a private person

Document: any written statement by which a right is established or an obligation is

extinguished

25


26/88

26



Not necessary that what is falsified is a genuine or real document, enough that it

gives an appearance of a genuine article

Counterfeiting imitating any handwriting, signature or rubric

Feigning simulating a signature, handwriting, or rubric out of one of which does notin fact exist

Article 172FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY APRIVATE INDIVIDUAL (par 1)

ELEMENTS

a. That the offender is a private individual or a public officer or employee who didnot take advantage of his official position.

b. That he committed any of the acts of falsification enumerated in ART. 171.1. Counterfeiting or imitating any handwriting, signature or rubric.2. Causing it to appear that persons have participated in any act or proceeding

when they did not in fact so participated.3. Attributing to persons who have participated in an act or proceeding

statements other than those in fact made by them.4. Making untruthful statements in a narration of facts;5. Altering true dates.6. Making any alteration or intercalation in a genuine document which changes

its meaning.c. That the falsification was committed in any public or official or commercial

document.

Under this paragraph, damage is not essential, it is presumed

Defense: lack of malice or criminal intent

The following writings are public:

a. the written acts or records of cats of the sovereign authority of official bodies andtribunals, and of the public officers, legislative, judicial and executive, whether ofthe Philippines or of a foreign country.

b. Public records kept in the Philippines.

Examples of commercial documents warehouse receipts, airway bills, bank

checks, cash files, deposit slips and bank statements, journals, books, ledgers,drafts, letters of credit and other negotiable instruments

Cash disbursement vouchers or receipts evidencing payments are not commercial

documents

A mere blank form of an official document is not in itself a document

The possessor of falsified document is presumed to be the author of the falsification

FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF PRIVATE DOCUMENT

ELEMENTS :

a. That the offender committed any of the acts of falsification, except those inparagraph 7 and 8, enumerated in art. 171.

b. That the falsification was committed in any private document (must affect thetruth or integrity of the document)

c. That the falsification caused damage (essential element; hence, no crime ofestafa thus falsification of private document) to a third party or at least thefalsification was committed with intent to cause such damage.

Not necessary that the offender profited or hoped to profit from the falsification

A document falsified as a necessary means to commit another crime must be public,

official or commercial There is no complex crime of estafa through falsification of a private document

because the immediate effect of the latter is the same as that of estafa

If the estafa was already consummated at the time of the falsification of a private

document was committed for the purpose of concealing the estafa, the falsification isnot punishable, because as regards the falsification of the private document therewas no damage or intent to cause damage.

26


27/88

27



A private document may acquire the character of a public document when it

becomes part of an official record and is certified by a public officer duly authorizedby law

The crime is falsification of public documents even if falsification took place beforethe private document becomes part of the public records

USE OF FALSIFIED DOCUMENT (par. 3, art. 172)

ELEMENTS:

a. Introducing in a judicial proceeding:1. That the offender knew that a document was falsified by another person.2. That the false document is embraced in art. 171 or in any subdivisions nos. 1

and 2 of art. 172.3. That he introduced said document in evidence in any judicial proceeding.

(intent to cause damage not necessary)b. Use in any other transaction

1. that the offender knew that a document was falsified by another person.2. That the false document is embraced in art. 171 or in any of subdivisions nos.

1 and 2 of art. 172.3. That he used such documents (not in judicial proceedings).4. That the use of the documents caused damage to another or at least was

used with intent to cause such damage.

The user of the falsified document is deemed the author of falsification, if:

a. the use is so closely connected in time with the falsificationb. the user had the capacity of falsifying the document

Falsification of Private Documents Falsification of Public/Official Documents

Prejudice to third party is an element

of the offense.

Prejudice to third persons is immaterial, what is

punished is the violation of public faith andperversion of truth which the documentproclaims.

Article 173FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONEMESSAGES, AND USE OF SAID FALSIFIED MESSAGES

Acts punishable:

1. Uttering fictitious, wireless, telegraph or telephone messageRequisites:a. That the offender is an officer or employee of the government or an officer

or employee of a private corporation, engaged in the service of sending orreceiving wireless, cable or telephone message.

b. That the accused commits any of the following acts:

uttering fictitious wireless, cable, telegraph, or telephone message, or

falsifying wireless, cable, telegraph, or telephone message2. Falsifying wireless, telegraph or telephone message

Requisites:a. That the offender is an officer or employee of the government or an officer

or employee of a private corporation, engaged in the service of sending orreceiving wireless, cable or telephone message.

b. That the accused commits any of the following acts:

uttering fictitious wireless, cable, telegraph, or telephone message, or

falsifying wireless, cable, telegraph, or telephone message3. Using such falsified message

Requisites:a. That the accused knew that wireless, cable, telegraph, or telephone

message was falsified by any of the person specified in the firstparagraph of art. 173.

b. That the accused used such falsified dispatch.

27


28/88

28



c. That the use of the falsified dispatch resulted in the prejudice of a thirdparty, or that the use thereof was with intent to cause such prejudice.

The public officer, to be liable must be engaged in the service of sending or receiving

wireless, cable and telegraph or telephone message

Article 174FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT ORSERVICE AND THE LIKE:

Persons liable:

a. Physician or surgeon who, in connection with the practice of his profession,issued a false certificate (note: such certificate must refer to the illness or injuryof a person)

b. Public officer who issued a false certificate of merit of service, good conduct orsimilar circumstances

c. Private individual who falsified a certificate under (1) and (2)

Article 175

ELEMENTS OF USING FALSE CERTIFICATES:

a. That a physician or surgeon has issued a false medical certificate, or a publicofficer has issued a false certificate of merit or service, good conduct, orsimilar circumstances, or a private person had falsified any of saidcertificates.

b. That the offender knew that the certificate was false.c. That he used the same.

Article 176MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR

FALSIFICATION:

Acts punishable:

a. Making or introducing into the Philippines any stamps, dies or marks or otherinstruments or implements for counterfeiting or falsification

b. Possessing with intent to use the instruments or implements for counterfeitingor falsification made in or introduced into the Philippines by another person

The implement confiscated need not form a complete set

Constructive possession is also punished

II. OTHER FALSITIES

Article 177USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:

2 ways of committing the crime:

a. By knowingly and falsely representing oneself to be an officer, agent orrepresentative of any department or agency of the Philippine govt or anyforeign govt.

b. By performing an act pertaining to any person in authority or public officer ofthe Phil govt or foreign govt under the pretense of such official position, andwithout being lawfully entitled to do so.

In usurpation of authority: The mere act of knowingly and falsely representing oneself

is sufficient. Not necessary that he performs an act pertaining to a public officer.

In usurpation of official functions: It is essential that the offender should haveperformed an act pertaining to a person in authority

A public officer may also be an offender

The act performed without being lawfully entitled to do so must pertain:

a. to the govtb. to any person in authorityc. to any public office

28


29/88

29



Article 178USING FICTITIOUS NAME AND CONCEALING TRUE NAME

ELEMENTS (using fictitious name) :a. That the offender uses a name other than his real name.b. That he uses that fictitious name publicly.c. That the purpose of the offender is

1. To conceal a crime,2. To evade the execution of a judgment, or3. To cause damage to public interest. (ex. Signing fictitious name for a

passport)

ELEMENTS (concealing true name):

a. that the offender conceals 1. his true name, and2. all other personal circumstances.

b. that the purpose is only to conceal his identity.

Use of Fictitious Name (178) Concealing True Name (178)

Element of publicity must be present Publicity not necessary

Purpose is to conceal a crime, to evade theexecution of a judgement, or to cause damage

Purpose is to conceal identity

Article 179

ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:

a. That the offender makes use of insignia, uniform or dress.b. That the insignia, uniform or dress pertains to an office not held by the

offender or to a class of persons of which he is not a member.c. That said insignia, uniform or dress is used publicly and improperly.

an exact imitation of the dress or uniform is unnecessary

Article 180

ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:

a. That there be a criminal proceeding.b. That the offender testifies falsely under oath against the defendant therein.c. That the offender who gives false testimony knows that it is false.d. That the defendant against whom the false testimony is given is either acquitted

or convinced in a final judgment (prescriptive period starts at this point)

Requires criminal intent, cant be committed through negligence. Need not impute

guilt upon the accused The defendant must at least be sentenced to a correctional penalty or a fine or must

have been acquitted

The witness who gave false testimony is liable even if the court did not consider his

testimony

Penalty is dependent upon sentence imposed on the defendant

Article 181FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:

False testimony by negative statement is in favor of the defendant

False testimony need not in fact benefit the defendant

A statement of a mere opinion is not punishable Conviction or acquittal is not necessary (final judgement is not necessary). The false

testimony need not influence the acquittal

A defendant who voluntarily goes up on the witness stand and falsely imputes the

offense to another person the commission of the offense is liable under this article. Ifhe merely denies the commission of the offense, he is not liable.

Basis of penalty: gravity of the felony charged against the defendant

29


30/88

30



Article 182

ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:

a. That the testimony must be given in a civil case.

b. That the testimony must relate to the issues presented in said case.c. That the testimony must be false.d. That the false testimony must be given by the defendant knowing the same to

be false.e. That the testimony must be malicious and given with an intent to affect the

issues presented in the said case

Not applicable when testimony given in a special proceeding (in this case, the crime

is perjury)

Basis of penalty: amount involved in the civil case

Article183ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN

AFFIRMATION:a. That an accused made a