1

REVISED ORTEGA LECTURE NOTES

ON

CRIMINAL LAW

TITLE I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes against national security 1. 2. 3. 4. Treason (Art. 114); Conspiracy and proposal to commit treason (Art. 115); Misprision of treason (Art. 11 ); and !spionage (Art. 11").

Crimes against t#e la$ of nations 1. 2. 3. 4. 5. %nciting to $ar or gi&ing moti&es for reprisals (Art. 11'); (iolation of neutrality (Art. 11)); Corresponding $it# #ostile country (Art. 12*); +lig#t to enemy,s country (Art. 121); and -iracy in general and mutiny on t#e #ig# seas (Art. 122).

The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction. However, prosecution can proceed only if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty. This is one of the instances where the Revised Penal Code may be given extra territorial application under !rticle " #$% thereof. &n the case of crimes against the law of nations, the offender can be prosecuted whenever he may be found because the crimes are regarded as committed against humanity in general. !lmost all of these are crimes committed in times of war, except the following, which can be committed in times of peace' #(% )spionage, under !rticle ((* + This is also covered by Commonwealth !ct ,o. -(- which punishes conspiracy to commit espionage. This may be committed both in times of war and in times of peace. &nciting to .ar or /iving 0otives for Reprisals, under !rticle ((1 + This can be committed even if the Philippines is not a participant. )xposing the 2ilipinos or their properties because the offender performed an unauthori3ed act, li4e those who recruit 2ilipinos to participate in the gulf war. &f they involve themselves to

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2 the war, this crime is committed. Relevant in the cases of 2lor Contemplacion or !bner !fuang, the police officer who stepped on a 5ingaporean flag. #6% 7iolation of ,eutrality, under !rticle ((8 + The Philippines is not a party to a war but there is a war going on. This may be committed in the light of the 0iddle )ast war.

Article 114. Treaso !lements 1. 2. 3. .ffender is a +ilipino or resident alien; T#ere is a $ar in $#ic# t#e -#ilippines is in&ol&ed; .ffender eit#er / a. 0. le&ies $ar against t#e go&ernment; or ad#eres to t#e enemies1 gi&ing t#em aid or comfort $it#in t#e -#ilippines or else$#ere

2e3uirements of le&ying $ar 1. 2. 3. 4. Actual assem0ling of men; To e4ecute a treasona0le design 0y force; %ntent is to deli&er t#e country in $#ole or in part to t#e enemy; and Colla0oration $it# foreign enemy or some foreign so&ereign

T$o $ays of pro&ing treason 1. 2. Testimony of at least t$o $itnesses to t#e same o&ert act; or Confession of accused in open court.

Article 11!. Co s"irac# a $ %ro"osal to Co&&it Treaso !lements of conspiracy to commit treason 1. 2. T#ere is a $ar in $#ic# t#e -#ilippines is in&ol&ed; At least t$o persons come to an agreement to / a. le&y $ar against t#e go&ernment; or

0. 3.

ad#ere to t#e enemies1 gi&ing t#em aid or comfort;

T#ey decide to commit it.

!lements of proposal to commit treason 1. 2. T#ere is a $ar in $#ic# t#e -#ilippines is in&ol&ed; At least one person decides to / a. 3. le&y $ar against t#e go&ernment; or

0. ad#ere to t#e enemies1 gi&ing t#em aid or comfort; 5e proposes its e4ecution to some ot#er persons.

Article 11'. Mis"risio o( Treaso !lements

1. .ffender o$es allegiance to t#e go&ernment1 and not a foreigner; 2. 5e #as 6no$ledge of conspiracy to commit treason against t#e go&ernment; 3. 5e conceals or does not disclose and ma6e 6no$n t#e same as soon as possi0le to
t#e go&ernor or fiscal of t#e pro&ince in $#ic# #e resides1 or t#e mayor or fiscal of t#e city in $#ic# #e resides. .hile in treason, even aliens can commit said crime because of the amendment to the article, no such amendment was made in misprision of treason. 0isprision of treason is a crime that may be committed only by citi3ens of the Philippines. The essence of the crime is that there are persons who conspire to commit treason and the offender 4new this and failed to ma4e the necessary report to the government within the earliest possible time. .hat is re9uired is to report it as soon as possible. The criminal liability arises if the treasonous activity was still at the conspiratorial stage. :ecause if the treason already erupted into an overt act, the implication is that the government is already aware of it. There is no need to report the same. This is a felony by omission although committed with dolo, not with culpa. The persons mentioned in !rticle ((- are not limited to mayor, fiscal or governor. !ny person in authority having e9uivalent jurisdiction, li4e a provincial commander, will already negate criminal liability. .hether the conspirators are parents or children, and the ones who learn the conspiracy is a parent or child, they are re9uired to report the same. The reason is that although blood is thic4er than water so to spea4, when it comes to security of the state, blood

4 relationship is always subservient to national security. !rticle "; does not apply here because the persons found liable for this crime are not considered accessories< they are treated as principals. &n the (88* bar examination, a problem was given with respect to misprision of treason. The text of the provision simply refers to a conspiracy to overthrow the government. The examiner failed to note that this crime can only be committed in times of war. The conspiracy adverted to must be treasonous in character. &n the problem given, it was rebellion. ! conspiracy to overthrow the government is a crime of rebellion because there is no war. =nder the Revised Penal Code, there is no crime of misprision of rebellion. Article 11). Es"io a*e Acts punis#ed 1. 7y entering1 $it#out aut#ority t#erefore1 a $ars#ip1 fort or na&al or military esta0lis#ment or reser&ation to o0tain any information1 plans1 p#otograp# or ot#er data of a confidential nature relati&e to t#e defense of t#e -#ilippines; !lements 1. 2. 3. 2. .ffender enters any of t#e places mentioned; 5e #as no aut#ority t#erefore; 5is purpose is to o0tain information1 plans1 p#otograp#s or ot#er data of a confidential nature relati&e to t#e defense of t#e -#ilippines.

7y disclosing to t#e representati&e of a foreign nation t#e contents of t#e articles1 data or information referred to in paragrap# 1 of Article 11"1 $#ic# #e #ad in #is possession 0y reason of t#e pu0lic office #e #olds. !lements 1. 2. 3. .ffender is a pu0lic officer; 5e #as in #is possession t#e articles1 data or information referred to in paragrap# 1 of Article 11"1 0y reason of t#e pu0lic office #e #olds; 5e discloses t#eir contents to a representati&e of a foreign nation. Act to %. is, Es"io a*e a $ Ot,er O((e ses

Co&&o +ealt, Act No. '1' - A a*ai st Natio al Sec.rit# Acts punis#ed 1.

8nla$fully o0taining or permitting to 0e o0tained information affecting national defense;

5 2. 3. 4. 5. . 8nla$ful disclosing of information affecting national defense; 9isloyal acts or $ords in times of peace; 9isloyal acts or $ords in times of $ar; Conspiracy to &iolate preceding sections; and 5ar0oring or concealing &iolators of la$.

Article 11/. I citi * to War or Gi0i * Moti0es (or Re"risals !lements 1. 2. .ffender performs unla$ful or unaut#ori:ed acts; T#e acts pro&o6e or gi&e occasion for / a. 0. a $ar in&ol&ing or lia0le to in&ol&e t#e -#ilippines; or e4posure of +ilipino citi:ens to reprisals on t#eir persons or property.

Article 111. 2iolatio o( Ne.tralit# !lements T#ere is a $ar in $#ic# t#e -#ilippines is not in&ol&ed; T#ere is a regulation issued 0y a competent aut#ority to enforce neutrality; 3. .ffender &iolates t#e regulation.

.hen we say national security, it should be interpreted as including rebellion, sedition and subversion. The Revised Penal Code does not treat rebellion, sedition and subversion as crimes against national security, but more of crimes against public order because during the time that the Penal Code was enacted, rebellion was carried out only with bolos and spears< hence, national security was not really threatened. ,ow, the threat of rebellion or internal wars is serious as a national threat. Article 134. Corres"o $e ce +it, Hostile Co. tr# !lements 1. 2. %t is in time of $ar in $#ic# t#e -#ilippines is in&ol&ed; .ffender ma6es correspondence $it# an enemy country or territory occupied 0y enemy troops;

3.

T#e correspondence is eit#er / a. 0. c. pro#i0ited 0y t#e go&ernment; carried on in cip#ers or con&entional signs; or containing notice or information $#ic# mig#t 0e useful to t#e enemy. Fli*,t to E e&#5s Co. tr#

Article 131. !lements 1. 2. 3. 4.

T#ere is a $ar in $#ic# t#e -#ilippines is in&ol&ed; .ffender must 0e o$ing allegiance to t#e go&ernment; .ffender attempts to flee or go to enemy country; ;oing to t#e enemy country is pro#i0ited 0y competent aut#ority.

&n crimes against the law of nations, the offenders can be prosecuted anywhere in the world because these crimes are considered as against humanity in general, li4e piracy and mutiny. Crimes against national security can be tried only in the Philippines, as there is a need to bring the offender here before he can be made to suffer the conse9uences of the law. The acts against national security may be committed abroad and still be punishable under our law, but it can not be tried under foreign law. Article 133. %irac# i *e eral a $ M.ti # o t,e Hi*, Seas or i %,ili""i e Waters Acts punis#ed as piracy 1. 2. Attac6ing or sei:ing a &essel on t#e #ig# seas or in -#ilippine $aters; <ei:ing in t#e &essel $#ile on t#e #ig# seas or in -#ilippine $aters t#e $#ole or part of its cargo1 its e3uipment or personal 0elongings of its complement or passengers.

!lements of piracy

1. T#e &essel is on t#e #ig# seas or -#ilippine $aters; 2. .ffenders are neit#er mem0ers of its complement nor passengers of t#e &essel; 3. .ffenders eit#er /
a. attac6 or sei:e a &essel on t#e #ig# seas or in -#ilippine $aters; or

0.

sei:e in t#e &essel $#ile on t#e #ig# seas or in -#ilippine $aters t#e $#ole or part of its cargo1 its e3uipment or personal 0elongings of its complement or passengers;

4.

T#ere is intent to gain.

>riginally, the crimes of piracy and mutiny can only be committed in the high seas, that is, outside Philippine territorial waters. :ut in !ugust (8?*, Presidential @ecree ,o. $6" #The !nti Piracy and !nti Highway Robbery Aaw of (8?*% was issued, punishing piracy, but not mutiny, in Philippine territorial waters. Thus came about two 4inds of piracy' #(% that which is punished under the Revised Penal Code if committed in the high seas< and #"% that which is punished under Presidential @ecree ,o. $6" if committed in Philippine territorial waters. !mending !rticle ("", Republic !ct ,o. ?-$8 included therein piracy in Philippine waters, thus, pro tanto superseding Presidential @ecree ,o. $6". !s amended, the article now punishes piracy, as well as mutiny, whether committed in the high seas or in Philippine territorial waters, and the penalty has been increased to reclusion perpetua from reclusion temporal. :ut while under Presidential @ecree ,o. $6", piracy in Philippine waters could be committed by any person, including a passenger or member of the complement of a vessel, under the amended article, piracy can only be committed by a person who is not a passenger nor member of the complement of the vessel irrespective of venue. 5o if a passenger or complement of the vessel commits acts of robbery in the high seas, the crime is robbery, not piracy. ,ote, however, that in 5ection * of Presidential @ecree ,o. $6", the act of aiding pirates or abetting piracy is penali3ed as a crime distinct from piracy. 5aid section penali3es any person who 4nowingly and in any manner aids or protects pirates, such as giving them information about the movement of the police or other peace officers of the government, or ac9uires or receives property ta4en by such pirates, or in any manner derives any benefit therefrom< or who directly or indirectly abets the commission of piracy. !lso, it is expressly provided in the same section that the offender shall be considered as an accomplice of the principal offenders and punished in accordance with the Revised Penal Code. This provision of Presidential @ecree ,o. $6" with respect to piracy in Philippine water has not been incorporated in the Revised Penal Code. ,either may it be considered repealed by Republic !ct ,o. ?-$8 since there is nothing in the amendatory law is inconsistent with said section. !pparently, there is still the crime of abetting piracy in Philippine waters under Presidential @ecree ,o. $6". Considering that the essence of piracy is one of robbery, any ta4ing in a vessel with force upon things or with violence or intimidation against person is employed will always be piracy. &t cannot co exist with the crime of robbery. Robbery, therefore, cannot be committed on board a vessel. :ut if the ta4ing is without violence or intimidation on persons of force upon things, the crime of piracy cannot be committed, but only theft.

6.estio s 7 A s+ers Could t#eft 0e committed on 0oard a &essel= Bes. The essence of piracy is one of robbery. !lements of mutiny

1. T#e &essel is on t#e #ig# seas or -#ilippine $aters; 2. .ffenders are eit#er mem0ers of its complement1 or passengers of t#e &essel; 3. .ffenders eit#er /
a. 0. attac6 or sei:e t#e &essel; or sei:e t#e $#ole or part of t#e cargo1 its e3uipment1 or personal 0elongings of t#e cre$ or passengers.

0utiny is the unlawful resistance to a superior officer, or the raising of commotions and disturbances aboard a ship against the authority of its commander. @istinction between mutiny and piracy #(% !s to offenders 0utiny is committed by members of the complement or the passengers of the vessel. Piracy is committed by persons who are not members of the complement or the passengers of the vessel. #"% !s to criminal intent &n mutiny, there is no criminal intent. &n piracy, the criminal intent is for gain. Article 138. 6.ali(ie$ %irac# !lements

1. T#e &essel is on t#e #ig# seas or -#ilippine $aters> 2. .ffenders may or may not 0e mem0ers of its complement1 or passengers of t#e
&essel;

3. .ffenders eit#er /
a. 0. attac6 or sei:e t#e &essel; or sei:e t#e $#ole or part of t#e cargo1 its e3uipment.1 or personal 0elongings of t#e cre$ or passengers;

4. T#e preceding $ere committed under any of t#e follo$ing circumstances>

a. 0. c. $#ene&er t#ey #a&e sei:ed a &essel 0y 0oarding or firing upon t#e same; $#ene&er t#e pirates #a&e a0andoned t#eir &ictims $it#out means of sa&ing t#emsel&es; or $#ene&er t#e crime is accompanied 0y murder1 #omicide1 p#ysical in?uries or rape.

&f any of the circumstances in !rticle("6 is present, piracy is 9ualified. Ta4e note of the specific crimes involve in number * c #murder, homicide, physical injuries or rape%. .hen any of these crimes accompany piracy, there is no complex crime. &nstead, there is only one crime committed + 9ualified piracy. 0urder, rape, homicide, physical injuries are mere circumstances 9ualifying piracy and cannot be punished as separate crimes, nor can they be complexed with piracy. !lthough in !rticle ("6 merely refers to 9ualified piracy, there is also the crime of 9ualified mutiny. 0utiny is 9ualified under the following circumstances' #(% #"% .hen the offenders abandoned the victims without means of saving themselves< or .hen the mutiny is accompanied by rape, murder, homicide, or physical injuries.

,ote that the first circumstance which 9ualifies piracy does not apply to mutiny.

Re".9lic Act No. '38! :T,e A ti Hi;<ac=i * La+> !nti hi jac4ing is another 4ind of piracy which is committed in an aircraft. &n other countries, this crime is 4nown as aircraft piracy. 2our situations governed by anti hi jac4ing law' #(% #"% usurping or sei3ing control of an aircraft of Philippine registry while it is in flight, compelling the pilots thereof to change the course or destination of the aircraft< usurping or sei3ing control of an aircraft of foreign registry while within Philippine territory, compelling the pilots thereof to land in any part of Philippine territory<

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carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive, or poisonous substance< and loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, explosive, or poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the !ir Transportation >ffice on this matter.

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:etween numbers ( and ", the point of distinction is whether the aircraft is of Philippine registry or foreign registry. The common bar 9uestion on this law usually involves number (. The important thing is that before the anti hi jac4ing law can apply, the aircraft must be in flight. &f not in flight, whatever crimes committed shall be governed by the Revised Penal Code. The law ma4es a distinction between aircraft of a foreign registry and of Philippine registry. &f the aircraft subject of the hi jac4 is of Philippine registry, it should be in flight at the time of the hi jac4ing. >therwise, the anti hi jac4ing law will not apply and the crime is still punished under the Revised Penal Code. The correlative crime may be one of grave coercion or grave threat. &f somebody is 4illed, the crime is homicide or murder, as the case may be. &f there are some explosives carried there, the crime is destructive arson. )xplosives are by nature pyro techni9ues. @estruction of property with the use of pyro techni9ue is destructive arson. &f there is illegally possessed or carried firearm, other special laws will apply. >n the other hand, if the aircraft is of foreign registry, the law does not re9uire that it be in flight before the anti hi jac4ing law can apply. This is because aircrafts of foreign registry are considered in transit while they are in foreign countries. !lthough they may have been in a foreign country, technically they are still in flight, because they have to move out of that foreign country. 5o even if any of the acts mentioned were committed while the exterior doors of the foreign aircraft were still open, the anti hi jac4ing law will already govern. ,ote that under this law, an aircraft is considered in flight from the moment all exterior doors are closed following embar4ation until such time when the same doors are again opened for disembar4ation. This means that there are passengers that boarded. 5o if the doors are closed to bring the aircraft to the hangar, the aircraft is not considered as in flight. The aircraft shall be deemed to be already in flight even if its engine has not yet been started.

6.estio s 7 A s+ers 1. T#e pilots of t#e -an Am aircraft $ere accosted 0y some armed men and $ere told to proceed to t#e aircraft to fly it to a foreign destination. T#e armed men $al6ed $it# t#e pilots and $ent on 0oard t#e aircraft. 7ut 0efore t#ey could do anyt#ing on t#e aircraft1 alert mars#als arrested t#em. @#at crime $as committed= The criminal intent definitely is to ta4e control of the aircraft, which is hi jac4ing. &t is a 9uestion now of whether the anti hi jac4ing law shall govern.

11 The anti hi jac4ing law is applicable in this case. )ven if the aircraft is not yet about to fly, the re9uirement that it be in flight does not hold true when in comes to aircraft of foreign registry. )ven if the problem does not say that all exterior doors are closed, the crime is hi jac4ing. 5ince the aircraft is of foreign registry, under the law, simply usurping or sei3ing control is enough as long as the aircraft is within Philippine territory, without the re9uirement that it be in flight. ,ote, however, that there is no hi jac4ing in the attempted stage. special law where the attempted stage is not punishable. This is a

2. A -#ilippine Air Aines aircraft is 0ound for 9a&ao. @#ile t#e pilot and coB pilot are ta6ing t#eir snac6s at t#e airport lounge1 some of t#e armed men $ere also t#ere. T#e pilots $ere follo$ed 0y t#ese men on t#eir $ay to t#e aircraft. As soon as t#e pilots entered t#e coc6pit1 t#ey pulled out t#eir firearms and ga&e instructions $#ere to fly t#e aircraft. 9oes t#e anti #iB?ac6ing la$ apply= ,o. The passengers have yet to board the aircraft. &f at that time, the offenders are apprehended, the law will not apply because the aircraft is not yet in flight. ,ote that the aircraft is of Philippine registry. 3. @#ile t#e ste$ardess of a -#ilippine Air Aines plane 0ound for Ce0u $as $aiting for t#e passenger manifest1 t$o of its passengers seated near t#e pilot surreptitiously entered t#e pilot coc6pit. At gunpoint1 t#ey directed t#e pilot to fly t#e aircraft to t#e Middle !ast. 5o$e&er1 0efore t#e pilot could fly t#e aircraft to$ards t#e Middle !ast1 t#e offenders $ere su0dued and t#e aircraft landed. @#at crime $as committed= The aircraft was not yet in flight. Considering that the stewardess was still waiting for the passenger manifest, the doors were still open. Hence, the anti hi jac4ing law is not applicable. &nstead, the Revised Penal Code shall govern. The crime committed was grave coercion or grave threat, depending upon whether or not any serious offense violence was inflicted upon the pilot. However, if the aircraft were of foreign registry, the act would already be subject to the anti hi jac4ing law because there is no re9uirement for foreign aircraft to be in flight before such law would apply. The reason for the distinction is that as long as such aircraft has not returned to its home base, technically, it is still considered in transit or in flight. !s to numbers 6 and * of Republic !ct ,o. -"6$, the distinction is whether the aircraft is a passenger aircraft or a cargo aircraft. &n both cases, however, the law applies only to public utility aircraft in the Philippines. Private aircrafts are not subject to the anti hi jac4ing law, in so far as transporting prohibited substances are concerned. &f the aircraft is a passenger aircraft, the prohibition is absolute. Carrying of any prohibited, flammable, corrosive, or explosive substance is a crime under Republic !ct ,o. -"6$. :ut if the aircraft is only a cargo aircraft, the law is violated only when the transporting of the prohibited substance was not done in accordance with the rules and regulations prescribed by the !ir Transportation >ffice in the matter of shipment of such things. The :oard of Transportation provides the manner of pac4ing of such 4ind of

12 articles, the 9uantity in which they may be loaded at any time, etc. >therwise, the anti hi jac4ing law does not apply. However, under 5ection ?, any physical injury or damage to property which would result from the carrying or loading of the flammable, corrosive, explosive, or poisonous substance in an aircraft, the offender shall be prosecuted not only for violation of Republic !ct ,o. -"6$, but also for the crime of physical injuries or damage to property, as the case may be, under the Revised Penal Code. There will be two prosecutions here. >ther than this situation, the crime of physical injuries will be absorbed. &f the explosives were planted in the aircraft to blow up the aircraft, the circumstance will 9ualify the penalty and that is not punishable as a separate crime for murder. The penalty is increased under the anti hi jac4ing law. !ll other acts outside of the four are merely 9ualifying circumstances and would bring about higher penalty. 5uch acts would not constitute another crime. 5o the 4illing or explosion will only 9ualify the penalty to a higher one.

6.estio s 7 A s+ers 1. %n t#e course of t#e #iB?ac61 a passenger or complement $as s#ot and 6illed. @#at crime or crimes $ere committed= The crime remains to be a violation of the anti hi jac4ing law, but the penalty thereof shall be higher because a passenger or complement of the aircraft had been 4illed. The crime of homicide or murder is not committed. 2. T#e #iB?ac6ers t#reatened to detonate a 0om0 in t#e course of t#e #iB?ac6. @#at crime or crimes $ere committed= !gain, the crime is violation of the anti hi jac4ing law. The separate crime of grave threat is not committed. This is considered as a 9ualifying circumstance that shall serve to increase the penalty. TITLE II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE Crimes against t#e fundamental la$s of t#e <tate 1. 2. 3. 4. 5. Ar0itrary detention (Art. 124); 9elay in t#e deli&ery of detained persons to t#e proper ?udicial aut#orities (Art. 125); 9elaying release (Art. 12 ); !4pulsion (Art. 12"); (iolation of domicile (Art. 12');

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<earc# $arrants maliciously o0tained and a0use in t#e ser&ice of t#ose legally o0tained (Art. 12)); <earc#ing domicile $it#out $itnesses (Art. 13*); -ro#i0ition1 interruption1 and dissolution of peaceful meetings (Art. 131); %nterruption of religious $ors#ip (Art. 132); and .ffending t#e religious feelings (Art. 133);

Crimes under this title are those which violate the :ill of Rights accorded to the citi3ens under the Constitution. =nder this title, the offenders are public officers, except as to the last crime + offending the religious feelings under !rticle (66, which refers to any person. The public officers who may be held liable are only those acting under supposed exercise of official functions, albeit illegally. &n its counterpart in Title &C #Crimes !gainst Personal Aiberty and 5ecurity%, the offenders are private persons. :ut private persons may also be liable under this title as when a private person conspires with a public officer. .hat is re9uired is that the principal offender must be a public officer. Thus, if a private person conspires with a public officer, or becomes an accessory or accomplice, the private person also becomes liable for the same crime. :ut a private person acting alone cannot commit the crimes under !rticle ("* to (6" of this title. Article 134. Ar9itrar# Dete tio !lements 1. 2. 3. .ffender is a pu0lic officer or employee; 5e detains a person; T#e detention is $it#out legal grounds.

Meaning of a0sence of legal grounds 1. 2. 3. Co crime $as committed 0y t#e detained; T#ere is no &iolent insanity of t#e detained person; and T#e person detained #as no ailment $#ic# re3uires compulsory confinement in a #ospital.

The crime of arbitrary detention assumes several forms' #(% @etaining a person without legal grounds under<

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Having arrested the offended party for legal grounds but without warrant of arrest, and the public officer does not deliver the arrested person to the proper judicial authority within the period of (", (1, or 6- hours, as the case may be< or @elaying release by competent authority with the same period mentioned in number ".

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@istinction between arbitrary detention and illegal detention (. &n arbitrary detention The principal offender must be a public officer. Civilians can commit the crime of arbitrary detention except when they conspire with a public officer committing this crime, or become an accomplice or accessory to the crime committed by the public officer< and The offender who is a public officer has a duty which carries with it the authority to detain a person. ". &n illegal detention The principal offender is a private person. :ut a public officer can commit the crime of illegal detention when he is acting in a private capacity or beyond the scope of his official duty, or when he becomes an accomplice or accessory to the crime committed by a private person. The offender, even if he is a public officer, does not include as his function the power to arrest and detain a person, unless he conspires with a public officer committing arbitrary detention. ,ote that in the crime of arbitrary detention, although the offender is a public officer, not any public officer can commit this crime. >nly those public officers whose official duties carry with it the authority to ma4e an arrest and detain persons can be guilty of this crime. 5o, if the offender does not possess such authority, the crime committed by him is illegal detention. ! public officer who is acting outside the scope of his official duties is no better than a private citi3en.

6.estio s 7 A s+ers 1. A ?anitor at t#e Due:on City 5all $as assigned in cleaning t#e menEs room. .ne day1 #e noticed a fello$ urinating so carelessly t#at instead of urinating at t#e 0o$l1 #e $as actually urinating partly on t#e floor. T#e ?anitor resented t#is. 5e stepped out of t#e menEs room and loc6ed t#e same. 5e left. T#e fello$ $as a0le to come out only after se&eral #ours $#en people from t#e outside forci0ly opened t#e door. %s t#e ?anitor lia0le for ar0itrary detention= ,o. )ven if he is a public officer, he is not permitted by his official function to arrest and detain persons. Therefore, he is guilty only of illegal detention. .hile the

15 offender is a public officer, his duty does not include the authority to ma4e arrest< hence, the crime committed is illegal detention. 2. A municipal treasurer #as 0een courting #is secretary. 5o$e&er1 t#e latter al$ays turned #im do$n. T#ereafter1 s#e tried to a&oid #im. .ne afternoon1 t#e municipal treasurer loc6ed t#e secretary inside t#eir office until s#e started crying. T#e treasurer opened t#e door and allo$ed #er to go #ome. @#at crime $as committed= &llegal detention. This is because the municipal treasurer has no authority to detain a person although he is a public officer. &n a case decided by the 5upreme Court a :arangay Chairman who unlawfully detains another was held to be guilty of the crime of arbitrary detention. This is because he is a person in authority vested with the jurisdiction to maintain peace and order within his barangay. &n the maintenance of such peace and order, he may cause the arrest and detention of troublema4ers or those who disturb the peace and order within his barangay. :ut if the legal basis for the apprehension and detention does not exist, then the detention becomes arbitrary. .hether the crime is arbitrary detention or illegal detention, it is necessary that there must be an actual restraint of liberty of the offended party. &f there is no actual restraint, as the offended party may still go to the place where he wants to go, even though there have been warnings, the crime of arbitrary detention or illegal detention is not committed. There is either grave or light threat. However, if the victim is under guard in his movement such that there is still restraint of liberty, then the crime of either arbitrary or illegal detention is still committed.

6.estio 7 A s+er T#e offended party $as 0roug#t to a place $#ic# #e could not lea&e 0ecause #e does not 6no$ $#ere #e is1 alt#oug# free to mo&e a0out. @as ar0itrary or illegal detention committed= )ither arbitrary detention or illegal detention was committed. &f a person is brought to a safe house, blindfolded, even if he is free to move as he pleases, but if he cannot leave the place, arbitrary detention or illegal detention is committed. @istinction between arbitrary detention and unlawful arrest #(% !s to offender &n arbitrary detention, the offender is a public officer possessed with authority to ma4e arrests. &n unlawful arrest, the offender may be any person.

16 #"% !s to criminal intent &n arbitrary detention, the main reason for detaining the offended party is to deny him of his liberty. &n unlawful arrest, the purpose is to accuse the offended party of a crime he did not commit, to deliver the person to the proper authority, and to file the necessary charges in a way trying to incriminate him. .hen a person is unlawfully arrested, his subse9uent detention is without legal grounds.

6.estio 7 A s+er A #ad 0een collecting tong from dri&ers. 71 a dri&er1 did not $ant to contri0ute to t#e tong. .ne day1 7 $as appre#ended 0y A1 telling #im t#at #e $as dri&ing carelessly. 2ec6less dri&ing carries $it# it a penalty of immediate detention and arrest. 7 $as 0roug#t to t#e Traffic 7ureau and $as detained t#ere until t#e e&ening. @#en A returned1 #e opened t#e cell and told 7 to go #ome. @as t#ere a crime of ar0itrary detention or unla$ful arrest= !rbitrary detention. The arrest of : was only incidental to the criminal intent of the offender to detain him. :ut if after putting : inside the cell, he was turned over to the investigating officer who boo4ed him and filed a charge of rec4less imprudence against him, then the crime would be unlawful arrest. The detention of the driver is incidental to the supposed crime he did not commit. :ut if there is no supposed crime at all because the driver was not charged at all, he was not given place under boo4ing sheet or report arrest, then that means that the only purpose of the offender is to stop him from driving his jeepney because he refused to contribute to the tong. Article 13!. A.t,orities !lements Dela# i t,e Deli0er# o( Detai e$ %erso s to t,e %ro"er <.$icial

1. .ffender is a pu0lic officer or employee; 2. 5e detains a person for some legal ground; 3. 5e fails to deli&er suc# person to t#e proper ?udicial aut#orities $it#in /
a. 12 #our for lig#t penalties; 0. 1' #ours for correctional penalties; and c. 3 #ours for afflicti&e or capital penalties.

17 This is a form of arbitrary detention. !t the beginning, the detention is legal since it is in the pursuance of a lawful arrest. However, the detention becomes arbitrary when the period thereof exceeds (", (1 or 6- hours, as the case may be, depending on whether the crime is punished by light, correctional or afflictive penalty or their e9uivalent. The period of detention is (" hours for light offenses, (1 hours for correctional offences and 6- hours for afflictive offences, where the accused may be detained without formal charge. :ut he must cause a formal charge or application to be filed with the proper court before (", (1 or 6- hours lapse. >therwise he has to release the person arrested. ,ote that the period stated herein does not include the nighttime. &t is to be counted only when the prosecutorDs office is ready to receive the complaint or information. This article does not apply if the arrest is with a warrant. The situation contemplated here is an arrest without a warrant.

6.estio 7 A s+er @it#in $#at period s#ould a police officer $#o #as arrested a person under a $arrant of arrest turn o&er t#e arrested person to t#e ?udicial aut#ority= There is no time limit specified except that the return must be made within a reasonable time. The period fixed by law under !rticle ("$ does not apply because the arrest was made by virtue of a warrant of arrest. .hen a person is arrested without a warrant, it means that there is no case filed in court yet. &f the arresting officer would hold the arrested person there, he is actually depriving the arrested of his right to bail. !s long as there is no charge in the court yet, the arrested person cannot obtain bail because bail may only be granted by the court. The spirit of the law is to have the arrested person delivered to the jurisdiction of the court. &f the arrest is by virtue of a warrant, it means that there is already a case filed in court. .hen an information is filed in court, the amount of bail recommended is stated. The accused person is not really denied his right to bail. )ven if he is interrogated in the police precinct, he can already file bail. ,ote that delivery of the arrested person to the proper authorities does not mean physical delivery or turn over of arrested person to the court. &t simply means putting the arrested person under the jurisdiction of the court. This is done by filing the necessary complaint or information against the person arrested in court within the period specified in !rticle ("$. The purpose of this is for the court to determine whether the offense is bailable or not and if bailable, to allow him the right to bail. =nder the Rule ((* of the Revised Rules of Court, the arrested person can demand from the arresting officer to bring him to any judge in the place where he was arrested and post the bail here. Thereupon, the arresting officer may release him. The judge who granted the bail will just forward the litimus of the case to the court trying his case. The purpose is in order to deprive the arrested person of his right to post the bail.

18

=nder the Revised Rules of Court, when the person arrested is arrested for a crime which gives him the right to preliminary investigation and he wants to avail his right to a preliminary investigation, he would have to waive in writing his rights under !rticle ("$ so that the arresting officer will not immediately file the case with the court that will exercise jurisdiction over the case. &f he does not want to waive this in writing, the arresting officer will have to comply with !rticle ("$ and file the case immediately in court without preliminary investigation. &n such case, the arrested person, within five days after learning that the case has been filed in court without preliminary investigation, may as4 for preliminary investigation. &n this case, the public officer who made the arrest will no longer be liable for violation of !rticle ("$.

6.estio 7 A s+er T#e arrest of t#e suspect $as done in 7aguio City. .n t#e $ay to Manila1 $#ere t#e crime $as committed1 t#ere $as a typ#oon so t#e suspect could not 0e 0roug#t to Manila until t#ree days later. @as t#ere a &iolation of Article 125= There was a violation of !rticle ("$. The crime committed was arbitrary detention in the form of delay in the delivery of arrested person to the proper judicial authority. The typhoon or flood is a matter of defense to be proved by the accused, the arresting officer, as to whether he is liable. &n this situation, he may be exempt under paragraph ? of !rticle (". :efore !rticle ("$ may be applied, it is necessary that initially, the detention of the arrested person must be lawful because the arrest is based on legal grounds. &f the arrest is made without a warrant, this constitutes an unlawful arrest. !rticle "-8, not !rticle ("$, will apply. &f the arrest is not based on legal grounds, the arrest is pure and simple arbitrary detention. !rticle ("$ contemplates a situation where the arrest was made without warrant but based on legal grounds. This is 4nown as citi3enDs arrest. Article 13'. Dela#i * Release Acts punis#ed 1. 2. 3. 9elaying t#e performance of a ?udicial or e4ecuti&e order for t#e release of a prisoner; 8nduly delaying t#e ser&ice of t#e notice of suc# order to said prisoner; 8nduly delaying t#e proceedings upon any petition for t#e li0eration of suc# person.

!lements 1. .ffender is a pu0lic officer or employee;

19

2.

T#ere is a ?udicial or e4ecuti&e order for t#e release of a prisoner or detention prisoner1 or t#at t#ere is a proceeding upon a petition for t#e li0eration of suc# person; .ffender $it#out good reason delays / a. 0. c. t#e ser&ice of t#e notice of suc# order to t#e prisoner; t#e performance of suc# ?udicial or e4ecuti&e order for t#e release of t#e prisoner; or t#e proceedings upon a petition for t#e release of suc# person.

3.

Article 13). E?".lsio Acts punis#ed 1. 2. !4pelling a person from t#e -#ilippines; Compelling a person to c#ange #is residence.

!lements

1. .ffender is a pu0lic officer or employee; 2. 5e eit#er /

a. 0. e4pels any person from t#e -#ilippines; or compels a person to c#ange residence;

3. .ffender is not aut#ori:ed to do so 0y la$.

The essence of this crime is coercion but the specific crime is EexpulsionF when committed by a public officer. &f committed by a private person, the crime is grave coercion. &n Villavicencio v. Lukban, 39 Phil 778, the mayor of the City of 0anila wanted to ma4e the city free from prostitution. He ordered certain prostitutes to be transferred to @avao, without observing due processes since they have not been charged with any crime at all. &t was held that the crime committed was expulsion.

6.estio s 7 A s+ers

20 1. Certain aliens $ere arrested and t#ey $ere ?ust put on t#e first aircraft $#ic# 0roug#t t#em to t#e country so t#at t#ey may 0e out $it#out due process of la$. @as t#ere a crime committed= Bes. )xpulsion. 2. %f a +ilipino citi:en is sent out of t#e country1 $#at crime is committed= This

/rave coercion, not expulsion, because a 2ilipino cannot be deported. crime refers only to aliens. Article 13/. 2iolatio o( Do&icile Acts punis#ed 1. 2. 3. !ntering any d$elling against t#e $ill of t#e o$ner t#ereof;

<earc#ing papers or ot#er effects found t#erein $it#out t#e pre&ious consent of suc# o$ner; or 2efusing to lea&e t#e premises1 after #a&ing surreptitiously entered said d$elling and after #a&ing 0een re3uired to lea&e t#e same

Common elements 1. 2. .ffender is a pu0lic officer or employee; 5e is not aut#ori:ed 0y ?udicial order to enter t#e d$elling or to ma6e a searc# t#erein for papers or ot#er effects.

Circumstances 3ualifying t#e offense 1. 2. %f committed at nig#ttime; or %f any papers or effects not constituting e&idence of a crime are not returned immediately after t#e searc# made 0y offender.

=nder Title &C #Crimes against Personal Aiberty and 5ecurity%, the corresponding article is 9ualified trespass to dwelling under !rticle "1;. !rticle ("1 is limited to public officers. The public officers who may be liable for crimes against the fundamental laws are those who are possessed of the authority to execute search warrants and warrants of arrests. =nder Rule ((6 of the Revised Rules of Court, when a person to be arrested enters a premise and closes it thereafter, the public officer, after giving notice of an arrest, can brea4 into the premise. He shall not be liable for violation of domicile.

21 There are only three recogni3ed instances when search without a warrant is considered valid, and, therefore, the sei3ure of any evidence done is also valid. >utside of these, search would be invalid and the objects sei3ed would not be admissible in evidence. #(% #"% 5earch made incidental to a valid arrest< .here the search was made on a moving vehicle or vessel such that the exigency of he situation prevents the searching officer from securing a search warrant< .hen the article sei3ed is within plain view of the officer ma4ing the sei3ure without ma4ing a search therefore.

#6%

There are three ways of committing the violation of !rticle ("1' #(% :y simply entering the dwelling of another if such entering is done against the will of the occupant. &n the plain view doctrine, public officer should be legally entitled to be in the place where the effects were found. &f he entered the place illegally and he saw the effects, doctrine inapplicable< thus, he is liable for violation of domicile. Public officer who enters with consent searches for paper and effects without the consent of the owner. )ven if he is welcome in the dwelling, it does not mean he has permission to search. Refusing to leave premises after surreptitious entry and being told to leave the same. The act punished is not the entry but the refusal to leave. &f the offender upon being directed to eave, followed and left, there is no crime of violation of domicile. )ntry must be done surreptitiously< without this, crime may be unjust vexation. :ut if entering was done against the will of the occupant of the house, meaning there was express or implied prohibition from entering the same, even if the occupant does not direct him to leave, the crime of is already committed because it would fall in number (.

#"%

#6%

6.estio s 7 A s+ers 1. %t $as raining #ea&ily. A policeman too6 s#elter in one personEs #ouse. T#e o$ner o0liged and #ad #is daug#ter ser&e t#e police some coffee. T#e policeman made a pass at t#e daug#ter. T#e o$ner of t#e #ouse as6ed #im to lea&e. 9oes t#is fall under Article 12'= ,o. &t was the owner of the house who let the policeman in. The entering is not surreptitious. 2. A person surreptitiously enters t#e d$elling of anot#er. @#at crime or crimes $ere possi0ly committed= The crimes committed are #(% 9ualified trespass to dwelling under !rticle "1;, if there was an express or implied prohibition against entering. This is tantamount to

22 entering against the will of the owner< and #"% violation of domicile in the third form if he refuses to leave after being told to. Article 131. Searc, Warra ts Malicio.sl# O9tai e$@ a $ A9.se i T,ose Le*all# O9tai e$ Acts punis#ed 1. -rocuring a searc# $arrant $it#out ?ust cause; !lements 1. 2. 3. 2. .ffender is a pu0lic officer or employee; 5e procures a searc# $arrant; T#ere is no ?ust cause. t,e Ser0ice o(

!4ceeding #is aut#ority or 0y using unnecessary se&erity in e4ecuting a searc# $arrant legally procured. !lements 1. 2. 3. .ffender is a pu0lic officer or employee; 5e #as legally procured a searc# $arrant; 5e e4ceeds #is aut#ority or uses unnecessary se&erity in e4ecuting t#e same.

Article 184. Searc,i * Do&icile +it,o.t Wit esses !lements 1. 2. 3. 4. .ffender is a pu0lic officer or employee; 5e is armed $it# searc# $arrant legally procured; 5e searc#es t#e domicile1 papers or ot#er 0elongings of any person; T#e o$ner1 or any mem0ers of #is family1 or t$o $itnesses residing in t#e same locality are not present.

Crimes under Articles 12) and 13* are referred to as &iolation of domicile. %n t#ese articles1 t#e searc# is made 0y &irtue of a &alid $arrant1 0ut t#e $arrant not$it#standing1 t#e lia0ility for t#e crime is still incurred t#roug# t#e follo$ing situations>

23 (1) <earc# $arrant $as irregularly o0tained / T#is means t#ere $as no pro0a0le cause determined in o0taining t#e searc# $arrant. Alt#oug# &oid1 t#e searc# $arrant is entitled to respect 0ecause of presumption of regularity. .ne remedy is a motion to 3uas# t#e searc# $arrant1 not refusal to a0ide 0y it. T#e pu0lic officer may also 0e prosecuted for per?ury1 0ecause for #im to succeed in o0taining a searc# $arrant $it#out a pro0a0le cause1 #e must #a&e per?ured #imself or induced someone to commit per?ury to con&ince t#e court. T#e officer e4ceeded #is aut#ority under t#e $arrant / To illustrate1 let us say t#at there was a pusher in a condo unit. The P,P ,arcotics /roup obtained a search warrant but the name of person in the search warrant did not tally with the address stated. )ventually, the person with the same name was found but in a different address. The occupant resisted but the public officer insisted on the search. @rugs were found and sei3ed and occupant was prosecuted and convicted by the trial court. The 5upreme Court ac9uitted him because the public officers are re9uired to follow the search warrant to the letter. They have no discretion on the matter. Plain view doctrine is inapplicable since it presupposes that the officer was legally entitled to be in the place where the effects where found. 5ince the entry was illegal, plain view doctrine does not apply. @#en t#e pu0lic officer employs unnecessary or e4cessi&e se&erity in t#e implementation of t#e searc# $arrant. T#e searc# $arrant is not a license to commit destruction. .$ner of d$elling or any mem0er of t#e family $as a0sent1 or t$o $itnesses residing $it#in t#e same locality $ere not present during t#e searc#.

(2)

(3)

(4)

Article 181. %ro,i9itio @ I terr."tio @ a $ Dissol.tio o( %eace(.l Meeti *s !lements .ffender is a pu0lic officer or employee; 5e performs any of t#e follo$ing acts> a. 0. c. pro#i0iting or 0y interrupting1 $it#out legal ground1 t#e #olding of a peaceful meeting1 or 0y dissol&ing t#e same; #indering any person from ?oining any la$ful association1 or attending any of its meetings; pro#i0iting or #indering any person from addressing1 eit#er alone or toget#er $it# ot#ers1 any petition to t#e aut#orities for t#e correction of a0uses or redress of grie&ances.

The government has a right to re9uire a permit before any gathering could be made. !ny meeting without a permit is a proceeding in violation of the law. That being true, a

24 meeting may be prohibited, interrupted, or dissolved without violating !rticle (6( of the Revised Penal Code. :ut the re9uiring of the permit shall be in exercise only of the governmentDs regulatory powers and not really to prevent peaceful assemblies as the public may desire. Permit is only necessary to regulate the peace so as not to inconvenience the public. The permit should state the day, time and the place where the gathering may be held. This re9uirement is, therefore, legal as long as it is not being exercised in as a prohibitory power. &f the permit is denied arbitrarily, !rticle (6( is violated. &f the officer would not give the permit unless the meeting is held in a particular place which he dictates defeats the exercise of the right to peaceably assemble, !rticle (6( is violated. !t the beginning, it may happen that the assembly is lawful and peaceful. &f in the course of the assembly the participants commit illegal acts li4e oral defamation or inciting to sedition, a public officer or law enforcer can stop or dissolve the meeting. The permit given is not a license to commit a crime. There are two criteria to determine whether !rticle (6( would be violated' #(% #"% @angerous tendency rule + applicable in times of national unrest such as to prevent coup dDetat. Clear and present danger rule + applied in times of peace. 5tricter rule.

@istinctions between prohibition, interruption, or dissolution of peaceful meetings under !rticle (6(, and tumults and other disturbances, under !rticle ($6 #(% !s to the participation of the public officer &n !rticle (6(, the public officer is not a participant. !s far as the gathering is concerned, the public officer is a third party. &f the public officer is a participant of the assembly and he prohibits, interrupts, or dissolves the same, !rticle ($6 is violated if the same is conducted in a public place. #"% !s to the essence of the crime &n !rticle (6(, the offender must be a public officer and, without any legal ground, he prohibits, interrupts, or dissolves a peaceful meeting or assembly to prevent the offended party from exercising his freedom of speech and that of the assembly to petition a grievance against the government. &n !rticle ($6, the offender need not be a public officer. The essence of the crime is that of creating a serious disturbance of any sort in a public office, public building or even a private place where a public function is being held. Article 183. I terr."tio o( Reli*io.s Wors,i"

25

!lements 1. 2. 3. .ffender is a pu0lic officer or employee; 2eligious ceremonies or manifestations of any religious are a0out to ta6e place or are going on; .ffender pre&ents or distur0s t#e same.

Dualified if committed 0y &iolence or t#reat. Article 188. O((e $i * t,e Reli*io.s Feeli *s !lements 1. 2. Acts complained of $ere performed in a place de&oted to religious $ors#ip1 or during t#e cele0ration of any religious ceremony; T#e acts must 0e notoriously offensi&e to t#e feelings of t#e fait#ful.

T#ere must 0e deli0erate intent to #urt t#e feelings of t#e fait#ful. TITLE III. CRIMES AGAINST %UALIC ORDER Crimes against pu0lic order 1. 2. 3. 4. 5. . ". '. ). 1*. 11. 2e0ellion or insurrection (Art. 134); Conspiracy and proposal to commit re0ellion (Art. 13 ); 9isloyalty to pu0lic officers or employees (Art. 13"); %nciting to re0ellion (Art. 13'); <edition (Art. 13)); Conspiracy to commit sedition (Art. 141); %nciting to sedition (Art. 142); Acts tending to pre&ent t#e meeting of Congress and similar 0odies (Art. 143); 9istur0ance of proceedings of Congress or similar 0odies (Art. 144); (iolation of parliamentary immunity (Art. 145); %llegal assem0lies (Art. 14 );

26

12. 13. 14. 15. 1 . 1". 1'. 1). 2*. 21. 22. 23. 24.

%llegal associations (Art. 14"); 9irect assaults (Art. 14'); %ndirect assaults (Art. 14)); 9iso0edience to summons issued 0y Congress1 its committees1 etc.1 0y t#e constitutional commissions1 its committees1 etc. (Art. 15*); 2esistance and diso0edience to a person in aut#ority or t#e agents of suc# person (Art. 151); Tumults and ot#er distur0ances of pu0lic order (Art. 153); 8nla$ful use of means of pu0lication and unla$ful utterances (Art. 154); Alarms and scandals (Art. 155); 9eli&ering prisoners from ?ails (Art. 15 ); !&asion of ser&ice of sentence (Art. 15"); !&asion on occasion of disorders (Art. 15'); (iolation of conditional pardon (Art. 15)); and Commission of anot#er crime during ser&ice of penalty imposed for anot#er pre&ious offense (Art. 1 *).

Article 184. Re9ellio or I s.rrectio !lements 1. 2. T#ere is a pu0lic uprising and ta6ing arms against t#e go&ernment; T#e purpose of t#e uprising or mo&ement is / a. to remo&e from t#e allegiance to t#e go&ernment or its la$s -#ilippine territory or any part t#ereof1 or any 0ody of land1 na&al1 or ot#er armed forces; or 0. to depri&e t#e C#ief !4ecuti&e or Congress1 $#olly or partially1 of any of t#eir po$ers or prerogati&es.

The essence of this crime is a public uprising with the ta4ing up of arms. &t re9uires a multitude of people. &t aims to overthrow the duly constituted government. &t does not

27 re9uire the participation of any member of the military or national police organi3ation or public officers and generally carried out by civilians. Aastly, the crime can only be committed through force and violence. 2e0ellion and insurrection are not synonymous. 2e0ellion is more fre3uently used $#ere t#e o0?ect of t#e mo&ement is completely to o&ert#ro$ and supersede t#e e4isting go&ernment; $#ile insurrection is more commonly employed in reference to a mo&ement $#ic# see6s merely to effect some c#ange of minor importance1 or to pre&ent t#e e4ercise of go&ernmental aut#ority $it# respect to particular matters of su0?ects (2eyes1 citing 3* Am. Fr. 1). Rebellion can now be complexed with common crimes. ,ot long ago, the 5upreme Court, in Enrile v. Salazar, 186 SCRA 17, reiterated and affirmed the rule laid down in Peo!le v. "ernan#ez, 99 Phil $1$, that rebellion may not be complexed with common crimes which are committed in furtherance thereof because they are absorbed in rebellion. &n view of said reaffirmation, some believe that it has been a settled doctrine that rebellion cannot be complexed with common crimes, such as 4illing and destruction of property, committed on the occasion and in furtherance thereof. This thin4ing is no longer correct< there is no legal basis for such rule now. The statement in People v. Hernande3 that common crimes committed in furtherance of rebellion are absorbed by the crime of rebellion, was dictated by the provision of !rticle (6$ of the Revised Penal Code prior to its amendment by the Republic !ct ,o. -8-1 #!n !ct Punishing the Crime of Coup @Detat%, which became effective on >ctober (88;. Prior to its amendment by Republic !ct ,o. -8-1, !rticle (6$ punished those Ewho while holding any public office or employment, ta4e part thereinF by any of these acts' engaging in war against the forces of /overnment< destroying property< committing serious violence< exacting contributions, diverting funds for the lawful purpose for which they have been appropriated. 5ince a higher penalty is prescribed for the crime of rebellion when any of the specified acts are committed in furtherance thereof, said acts are punished as components of rebellion and, therefore, are not to be treated as distinct crimes. The same acts constitute distinct crimes when committed on a different occasion and not in furtherance of rebellion. &n short, it was because !rticle (6$ then punished said acts as components of the crime of rebellion that precludes the application of !rticle *1 of the Revised Penal Code thereto. &n the eyes of the law then, said acts constitute only one crime and that is rebellion. The Hernande3 doctrine was reaffirmed in )nrile v. 5ala3ar because the text of !rticle (6$ has remained the same as it was when the 5upreme Court resolved the same issue in the People v. Hernande3. 5o the 5upreme Court invited attention to this fact and thus stated' EThere is a an apparent need to restructure the law on rebellion, either to raise the penalty therefore or to clearly define and delimit the other offenses to be considered absorbed thereby, so that it cannot be conveniently utili3ed as the umbrella for every sort of illegal activity underta4en in its name. The court has no power to effect such change, for it can only interpret the law as it stands at any given time, and what is

28 needed lies beyond interpretation. Hopefully, Congress will perceive the need for promptly sei3ing the initiative in this matter, which is purely within its province.F >bviously, Congress too4 notice of this pronouncement and, thus, in enacting Republic !ct ,o. -8-1, it did not only provide for the crime of coup dDetat in the Revised Penal Code but moreover, deleted from the provision of !rticle (6$ that portion referring to those + EGwho, while holding any public office or employment ta4es part therein Hrebellion or insurrectionI, engaging in war against the forces of government, destroying property or committing serious violence, exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated GF Hence, overt acts which used to be punished as components of the crime of rebellion have been severed therefrom by Republic !ct ,o. -8-1. The legal impediment to the application of !rticle *1 to rebellion has been removed. !fter the amendment, common crimes involving 4illings, andJor destructions of property, even though committed by rebels in furtherance of rebellion, shall bring about complex crimes of rebellion with murderJhomicide, or rebellion with robbery, or rebellion with arson as the case may be. To reiterate, before !rticle (6$ was amended, a higher penalty is imposed when the offender engages in war against the government. K.arK connotes anything which may be carried out in pursuance of war. This implies that all acts of war or hostilities li4e serious violence and destruction of property committed on occasion and in pursuance of rebellion are component crimes of rebellion which is why !rticle *1 on complex crimes is inapplicable. &n amending !rticle(6$, the acts which used to be component crimes of rebellion, li4e serious acts of violence, have been deleted. These are now distinct crimes. The legal obstacle for the application of !rticle *1, therefore, has been removed. >rtega says legislators want to punish these common crimes independently of rebellion. >rtega cites no case overturning )nrile v. 5ala3ar. &n Peo!le v. Ro#ri%uez, 1&7 Phil. $69, it was held that an accused already convicted of rebellion may not be prosecuted further for illegal possession of firearm and ammunition, a violation of Presidential @ecree ,o. (1--, because this is a necessary element or ingredient of the crime of rebellion with which the accused was already convicted. However, in Peo!le v. 'iozon, 198 SCRA 368, it was held that charging one of illegal possession of firearms in furtherance of rebellion is proper because this is not a charge of a complex crime. ! crime under the Revised Penal Code cannot be absorbed by a statutory offense. &n Peo!le v. #e (racia, it was ruled that illegal possession of firearm in furtherance of rebellion under Presidential @ecree ,o. (1-- is distinct from the crime of rebellion under the Revised Penal Code and, therefore, !rticle (6$ #"% of the Revised Penal Code should not apply. The offense of illegal possession of firearm is a malum prohibitum, in which case, good faith and absence of criminal intent are not valid defenses. &n Peo!le v. Lobe#ioro, an ,P! cadre 4illed a policeman and was convicted for murder. He appealed invo4ing rebellion. The 5upreme Court found that there was no evidence shown to further the end of the ,P! movement. &t held that there must be evidence shown that the act furthered the cause of the ,P!< it is not enough to say it.

29

Rebellion may be committed even without a single shot being fired. needed. 0ere public uprising with arms enough.

,o encounter

!rticle (6$, as amended, has two penalties' a higher penalty for the promoters, heads and maintainers of the rebellion< and a lower penalty for those who are only followers of the rebellion. @istinctions between rebellion and sedition #(% !s to nature &n rebellion, there must be ta4ing up or arms against the government. &n sedition, it is sufficient that the public uprising be tumultuous. #"% !s to purpose &n rebellion, the purpose is always political. &n sedition, the purpose may be political or social. )xample' the uprising of s9uatters against 2orbes par4 residents. The purpose in sedition is to go against established government, not to overthrow it. .hen any of the objectives of rebellion is pursued but there is no public uprising in the legal sense, the crime is direct assault of the first form. :ut if there is rebellion, with public uprising, direct assault cannot be committed. Article 184;A. Co." $5 etat !lements 1. 2. 3. .ffender is a person or persons 0elonging to t#e military or police or #olding any pu0lic office or employment; %t is committed 0y means of a s$ift attac6 accompanied 0y &iolence1 intimidation1 t#reat1 strategy or stealt#; T#e attac6 is directed against t#e duly constituted aut#orities of t#e 2epu0lic of t#e -#ilippines1 or any military camp or installation1 communication net$or6s1 pu0lic utilities or ot#er facilities needed for t#e e4ercise and continued possession of po$er; T#e purpose of t#e attac6 is to sei:e or diminis# state po$er.

4.

The essence of the crime is a swift attac4 upon the facilities of the Philippine government, military camps and installations, communication networ4s, public utilities and facilities essential to the continued possession of governmental powers. &t may be committed singly or collectively and does not re9uire a multitude of people. The

30 objective may not be to overthrow the government but only to destabili3e or paraly3e the government through the sei3ure of facilities and utilities essential to the continued possession and exercise of governmental powers. &t re9uires as principal offender a member of the !2P or of the P,P organi3ation or a public officer with or without civilian support. 2inally, it may be carried out not only by force or violence but also through stealth, threat or strategy. -ersons lia0le for re0ellion1 insurrection or coup d, etat under Article 18! 1. T#e leaders / a. 0. 2. Any person $#o promotes1 maintains or #eads a re0ellion or insurrection; or Any person $#o leads1 directs or commands ot#ers to underta6e a coup d, etat;

T#e participants / a. 0. Any person $#o participates or e4ecutes t#e commands of ot#ers in re0ellion1 insurrection or coup d, etat; Any person not in t#e go&ernment ser&ice $#o participates1 supports1 finances1 a0ets or aids in underta6ing a coup d, etat. Co s"irac# a $ %ro"osal to Co&&it Co." $5 etat@ Re9ellio or

Article 18'. I s.rrectio

Conspiracy and proposal to commit re0ellion are t$o different crimes1 namely> 1. Conspiracy to commit re0ellion; and 2. -roposal to commit re0ellion.

T#ere is conspiracy to commit re0ellion $#en t$o or more persons come to an agreement to rise pu0licly and ta6e arms against go&ernment for any of t#e purposes of re0ellion and decide to commit it. T#ere is proposal to commit re0ellion $#en t#e person $#o #as decided to rise pu0licly and ta6e arms against t#e go&ernment for any of t#e purposes of re0ellion proposes its e4ecution to some ot#er person or persons. Article 18). Dislo#alt# o( %.9lic O((icers or E&"lo#ees Acts punis#ed 1. 2. 7y failing to resist a re0ellion 0y all t#e means in t#eir po$er; 7y continuing to disc#arge t#e duties of t#eir offices under t#e control of t#e re0els; or

31

3.

7y accepting appointment to office under t#em.

.ffender must 0e a pu0lic officer or employee. Article 18/. I citi * to Re9ellio or I s.rrectio !lements 1. 2. 3. .ffender does not ta6e arms or is not in open #ostility against t#e go&ernment; 5e incites ot#ers to t#e e4ecution of any of t#e acts of re0ellion; T#e inciting is done 0y means of speec#es1 proclamations1 $ritings1 em0lems1 0anners or ot#er representations tending to t#e same end.

9istinction 0et$een inciting to re0ellion and proposal to commit re0ellion 1. 2. 3. %n 0ot# crimes1 offender induces anot#er to commit re0ellion. %n proposal1 t#e person $#o proposes #as decided to commit re0ellion; in inciting to re0ellion1 it is not re3uired t#at t#e offender #as decided to commit re0ellion. %n proposal1 t#e person $#o proposes t#e e4ecution of t#e crime uses secret means; in inciting to re0ellion1 t#e act of inciting is done pu0licly.

Article 181. Se$itio !lements

1. .ffenders rise pu0licly and tumultuously; 2. .ffenders employ force1 intimidation1 or ot#er means outside of legal met#ods; 3. -urpose is to attain any of t#e follo$ing o0?ects>
a. 0. To pre&ent t#e promulgation or e4ecution of any la$ or t#e #olding of any popular election; To pre&ent t#e national go&ernment or any pro&incial or municipal go&ernment1 or any pu0lic officer from e4ercising its or #is functions or pre&ent t#e e4ecution of an administrati&e order; To inflict any act of #ate or re&enge upon t#e person or property of any pu0lic officer or employee;

c.

32 d. e. To commit1 for any political or social end1 any act of #ate or re&enge against pri&ate persons or any social classes; To despoil for any political or social end1 any person1 municipality or pro&ince1 or t#e national go&ernment of all its property or any part t#ereof.

The crime of sedition does not contemplate the ta4ing up of arms against the government because the purpose of this crime is not the overthrow of the government. ,otice from the purpose of the crime of sedition that the offenders rise publicly and create commotion ad disturbance by way of protest to express their dissent and obedience to the government or to the authorities concerned. This is li4e the so called civil disobedience except that the means employed, which is violence, is illegal. -ersons lia0le for sedition under Article 144 1. 2. T#e leader of t#e sedition; and .t#er person participating in t#e sedition.

Article 141. Co s"irac# to Co&&it Se$itio %n t#is crime1 t#ere must 0e an agreement and a decision to rise pu0licly and tumultuously to attain any of t#e o0?ects of sedition. T#ere is no proposal to commit sedition. Article 143. I citi * to Se$itio Acts punis#ed 1. 2. 3. %nciting ot#ers to t#e accomplis#ment of any of t#e acts $#ic# constitute sedition 0y means of speec#es1 proclamations1 $ritings1 em0lems1 etc.; 8ttering seditious $ords or speec#es $#ic# tend to distur0 t#e pu0lic peace; @riting1 pu0lis#ing1 or circulating scurrilous li0els against t#e go&ernment or any of t#e duly constituted aut#orities t#ereof1 $#ic# tend to distur0 t#e pu0lic peace.

!lements 1. 2. .ffender does not ta6e direct part in t#e crime of sedition; 5e incites ot#ers to t#e accomplis#ment of any of t#e acts $#ic# constitute sedition; and

33 3. %nciting is done 0y means of speec#es1 proclamations1 $ritings1 em0lems1 cartoons1 0anners1 or ot#er representations tending to$ards t#e same end.

>nly non participant in sedition may be liable. Considering that the objective of sedition is to express protest against the government and in the process creating hate against public officers, any act that will generate hatred against the government or a public officer concerned or a social class may amount to &nciting to sedition. !rticle (*" is, therefore, 9uite broad. The mere meeting for the purpose of discussing hatred against the government is inciting to sedition. Aambasting government officials to discredit the government is &nciting to sedition. :ut if the objective of such preparatory actions is the overthrow of the government, the crime is inciting to rebellion. Article 148. Acts Te $i * to %re0e t t,e Meeti * o( t,e Co *ress o( t,e %,ili""i es a $ Si&ilar Ao$ies !lements 1. T#ere is a pro?ected or actual meeting of Congress or any of its committees or su0committees1 constitutional committees or di&isions t#ereof1 or of any pro&incial 0oard or city or municipal council or 0oard; .ffender1 $#o may 0e any person1 pre&ents suc# meetings 0y force or fraud.

2.

Article 144. Dist.r9a ce o( %rocee$i *s !lements 1. T#ere is a meeting of Congress or any of its committees or su0committees1 constitutional commissions or committees or di&isions t#ereof1 or of any pro&incial 0oard or city or municipal council or 0oard; .ffender does any of t#e follo$ing acts> a. 0. 5e distur0s any of suc# meetings; 5e 0e#a&es $#ile in t#e presence of any suc# 0odies in suc# a manner as to interrupt its proceedings or to impair t#e respect due it.

2.

Article 14!. 2iolatio o( %arlia&e tar# I&&. it# Acts punis#ed

34 1. 8sing force1 intimidation1 t#reats1 or frauds to pre&ent any mem0er of Congress from attending t#e meetings of Congress or of any of its committees or su0committees1 constitutional commissions or committees or di&isions t#ereof1 or from e4pressing #is opinion or casting #is &ote; !lements 1. 2. .ffender uses force1 intimidation1 t#reats or fraud; T#e purpose of t#e offender is to pre&ent any mem0er of Congress from / a. 0. c. 2. attending t#e meetings of t#e Congress or of any of its committees or constitutional commissions1 etc.; e4pressing #is opinion; or casting #is &ote.

Arresting or searc#ing any mem0er t#ereof $#ile Congress is in regular or special session1 e4cept in case suc# mem0er #as committed a crime punis#a0le under t#e Code 0y a penalty #ig#er t#an prision mayor. !lements 1. 2. 3. 4. .ffender is a pu0lic officer of employee; 5e arrests or searc#es any mem0er of Congress; Congress1 at t#e time of arrest or searc#1 is in regular or special session; T#e mem0er arrested or searc#ed #as not committed a crime punis#a0le under t#e Code 0y a penalty #ig#er t#an prision mayor.

8nder <ection 111 Article (% of t#e Constitution1 a pu0lic officer $#o arrests a mem0er of Congress $#o #as committed a crime punis#a0le 0y prision mayor (si4 years and one day1 to 12 years) is not lia0le Article 145. According to 2eyes1 to 0e consistent $it# t#e Constitution1 t#e p#rase G0y a penalty #ig#er t#an prision mayorG in Article 145 s#ould 0e amended to read> G0y t#e penalty of prision mayor or #ig#er.G Article 14'. Ille*al Asse&9lies Acts punis#ed 1. Any meeting attended 0y armed persons for t#e purpose of committing any of t#e crimes punis#a0le under t#e Code; !lements

35 1. 2. 3. 2. T#ere is a meeting1 a gat#ering or group of persons1 $#et#er in fi4ed place or mo&ing; T#e meeting is attended 0y armed persons; T#e purpose of t#e meeting is to commit any of t#e crimes punis#a0le under t#e Code.

Any meeting in $#ic# t#e audience1 $#et#er armed or not1 is incited to t#e commission of t#e crime of treason1 re0ellion or insurrection1 sedition1 or assault upon person in aut#ority or #is agents. 1. 2. T#ere is a meeting1 a gat#ering or group of persons1 $#et#er in a fi4ed place or mo&ing; T#e audience1 $#et#er armed or not1 is incited to t#e commission of t#e crime of treason1 re0ellion or insurrection1 sedition or direct assault.

-ersons lia0le for illegal assem0ly 1. 2. T#e organi:er or leaders of t#e meeting; -ersons merely present at t#e meeting1 $#o must #a&e a common intent to commit t#e felony of illegal assem0ly.

%f any person present at t#e meeting carries an unlicensed firearm1 it is presumed t#at t#e purpose of t#e meeting insofar as #e is concerned is to commit acts punis#a0le under t#e 2e&ised -enal Code1 and #e is considered a leader or organi:er of t#e meeting. The gravamen of the offense is mere assembly of or gathering of people for illegal purpose punishable by the Revised Penal Code. .ithout gathering, there is no illegal assembly. &f unlawful purpose is a crime under a special law, there is no illegal assembly. 2or example, the gathering of drug pushers to facilitate drug traffic4ing is not illegal assembly because the purpose is not violative of the Revised Penal Code but of The @angerous @rugs !ct of (8?", as amended, which is a special law. Two forms of illegal assembly #(% ,o attendance of armed men, but persons in the meeting are incited to commit treason, rebellion or insurrection, sedition or assault upon a person in authority. .hen the illegal purpose of the gathering is to incite people to commit the crimes mentioned above, the presence of armed men is unnecessary. The mere gathering for the purpose is sufficient to bring about the crime already. !rmed men attending the gathering + &f the illegal purpose is other than those mentioned above, the presence of armed men during the gathering brings about the crime of illegal assembly.

#"%

36 )xample' Persons conspiring to rob a ban4 were arrested. 5ome were with firearms. Aiable for illegal assembly, not for conspiracy, but for gathering with armed men. @istinction between illegal assembly and illegal association &n illegal assembly, the basis of liability is the gathering for an illegal purpose which constitutes a crime under the Revised Penal Code. &n illegal association, the basis is the formation of or organi3ation of an association to engage in an unlawful purpose which is not limited to a violation of the Revised Penal Code. &t includes a violation of a special law or those against public morals. 0eaning of public morals' inimical to public welfare< it has nothing to do with decency., not acts of obscenity. Article 14). Ille*al Associatio s %llegal associations 1. 2. Associations totally or partially organi:ed for t#e purpose of committing any of t#e crimes punis#a0le under t#e Code; Associations totally or partially organi:ed for some purpose contrary to pu0lic morals.

-ersons lia0le 1. 2. +ounders1 directors and president of t#e association; Mere mem0ers of t#e association.

9istinction 0et$een illegal association and illegal assem0ly 1. %n illegal association1 it is not necessary t#at t#ere 0e an actual meeting. %n illegal assem0ly1 it is necessary t#at t#ere is an actual meeting or assem0ly or armed persons for t#e purpose of committing any of t#e crimes punis#a0le under t#e Code1 or of indi&iduals $#o1 alt#oug# not armed1 are incited to t#e commission of treason1 re0ellion1 sedition1 or assault upon a person in aut#ority or #is agent. 2. %n illegal association1 it is t#e act of forming or organi:ing and mem0ers#ip in t#e association t#at are punis#ed. %n illegal assem0ly1 it is t#e meeting and attendance at suc# meeting t#at are punis#ed.

37 3. %n illegal association1 t#e persons lia0le are (1) t#e founders1 directors and president; and (2) t#e mem0ers. %n illegal assem0ly1 t#e persons lia0le are (1) t#e organi:ers or leaders of t#e meeting and (2) t#e persons present at meeting. Article 14/. Direct Assa.lt Acts punis#ed 1. @it#out pu0lic uprising1 0y employing force or intimidation for t#e attainment of any of t#e purposes enumerated in defining t#e crimes of re0ellion and sedition; !lements 1. 2. 3. 2. .ffender employs force or intimidation; T#e aim of t#e offender is to attain any of t#e purposes of t#e crime of re0ellion or any of t#e o0?ects of t#e crime of sedition; T#ere is no pu0lic uprising.

@it#out pu0lic uprising1 0y attac6ing1 0y employing force or 0y seriously intimidating or 0y seriously resisting any person in aut#ority or any of #is agents1 $#ile engaged in t#e performance of official duties1 or on occasion of suc# performance. !lements 1. 2. 3. .ffender ma6es an attac61 employs force1 ma6es a serious intimidation1 or ma6es a serious resistance; T#e person assaulted is a person in aut#ority or #is agent; At t#e time of t#e assault1 t#e person in aut#ority or #is agent is engaged in t#e actual performance of official duties1 or t#at #e is assaulted 0y reason of t#e past performance of official duties; .ffender 6no$s t#at t#e one #e is assaulting is a person in aut#ority or #is agent in t#e e4ercise of #is duties. T#ere is no pu0lic uprising.

4. 5.

The crime is not based on the material conse9uence of the unlawful act. The crime of direct assault punishes the spirit of lawlessness and the contempt or hatred for the authority or the rule of law. To be specific, if a judge was 4illed while he was holding a session, the 4illing is not the direct assault, but murder. There could be direct assault if the offender 4illed the judge

38 simply because the judge is so strict in the fulfillment of his duty. &t is the spirit of hate which is the essence of direct assault. 5o, where the spirit is present, it is always complexed with the material conse9uence of the unlawful act. &f the unlawful act was murder or homicide committed under circumstance of lawlessness or contempt of authority, the crime would be direct assault with murder or homicide, as the case may be. &n the example of the judge who was 4illed, the crime is direct assault with murder or homicide. The only time when it is not complexed is when material conse9uence is a light felony, that is, slight physical injury. @irect assault absorbs the lighter felony< the crime of direct assault can not be separated from the material result of the act. 5o, if an offender who is charged with direct assault and in another court for the slight physical &njury which is part of the act, ac9uittal or conviction in one is a bar to the prosecution in the other. )xample of the first form of direct assault' Three men bro4e into a ,ational 2ood !uthority warehouse and lamented sufferings of the people. They called on people to help themselves to all the rice. They did not even help themselves to a single grain. The crime committed was direct assault. There was no robbery for there was no intent to gain. The crime is direct assault by committing acts of sedition under !rticle (68 #$%, that is, spoiling of the property, for any political or social end, of any person municipality or province or the national government of all or any its property, but there is no public uprising. Person in authority is any person directly vested with jurisdiction, whether as an individual or as a member of some court or government corporation, board, or commission. ! barangay chairman is deemed a person in authority. !gent of a person in authority is any person who by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barangay councilman, barrio policeman, barangay leader and any person who comes to the aid of a person in authority. &n applying the provisions of !rticles (*1 and ($(, teachers, professors, and persons charged with the supervision of public or duly recogni3ed private schools, colleges and universities and lawyers in the actual performance of their duties or on the occasion of such performance, shall be deemed a person in authority. &n direct assault of the first form, the stature of the offended person is immaterial. The crime is manifested by the spirit of lawlessness. &n the second form, you have to distinguish a situation where a person in authority or his agent was attac4ed while performing official functions, from a situation when he is not performing such functions. &f attac4 was done during the exercise of official functions, the crime is always direct assault. &t is enough that the offender 4new that the person in authority was performing an official function whatever may be the reason for the attac4, although what may have happened was a purely private affair.

39

>n the other hand, if the person in authority or the agent was 4illed when no longer performing official functions, the crime may simply be the material conse9uence of he unlawful act' murder or homicide. 2or the crime to be direct assault, the attac4 must be by reason of his official function in the past. 0otive becomes important in this respect. )xample, if a judge was 4illed while resisting the ta4ing of his watch, there is no direct assault. &n the second form of direct assault, it is also important that the offended party 4new that the person he is attac4ing is a person in authority or an agent of a person in authority, performing his official functions. ,o 4nowledge, no lawlessness or contempt. 2or example, if two persons were 9uarreling and a policeman in civilian clothes comes and stops them, but one of the protagonists stabs the policeman, there would be no direct assault unless the offender 4new that he is a policeman. &n this respect it is enough that the offender should 4now that the offended party was exercising some form of authority. &t is not necessary that the offender 4nows what is meant by person in authority or an agent of one because ignorantia legis non excusat. Article 141. I $irect Assa.lt !lements 1. 2. 3. A person in aut#ority or #is agent is t#e &ictim of any of t#e forms of direct assault defined in Article 14'; A person comes to t#e aid of suc# aut#ority or #is agent; .ffender ma6es use of force or intimidation upon suc# person coming to t#e aid of t#e aut#ority or #is agent.

The victim in indirect assault should be a private person who comes in aid of an agent of a person in authority. The assault is upon a person who comes in aid of the person in authority. The victim cannot be the person in authority or his agent. There is no indirect assault when there is no direct assault. Ta4e note that under !rticle ($", as amended, when any person comes in aid of a person in authority, said person at that moment is no longer a civilian + he is constituted as an agent of the person in authority. &f such person were the one attac4ed, the crime would be direct assault. @ue to the amendment of !rticle ($", without the corresponding amendment in !rticle ($;, the crime of indirect assault can only be committed when assault is upon a civilian giving aid to an agent of the person in authority. He does not become another agent of the person in authority.

40 Article 1!4. Diso9e$ie ce to S.&&o s Iss.e$ 9# Co *ress@ Its Co&&ittees or S.9co&&ittees@ 9# t,e Co stit.tio al Co&&issio s@ Its Co&&ittees@ S.9co&&ittees or Di0isio s Acts punis#ed 1. 7y refusing1 $it#out legal e4cuse1 to o0ey summons of Congress1 its special or standing committees and su0committees1 t#e Constitutional Commissions and its committees1 su0committees or di&isions1 or 0y any commission or committee c#airman or mem0er aut#ori:ed to summon $itnesses; 7y refusing to 0e s$orn or placed under affirmation $#ile 0eing 0efore suc# legislati&e or constitutional 0ody or official; 7y refusing to ans$er any legal in3uiry or to produce any 0oo6s1 papers1 documents1 or records in #is possession1 $#en re3uired 0y t#em to do so in t#e e4ercise of t#eir functions; 7y restraining anot#er from attending as a $itness in suc# legislati&e or constitutional 0ody; 7y inducing diso0edience to a summons or refusal to 0e s$orn 0y any suc# 0ody or official.

2. 3.

4. 5.

Article 1!1. Resista ce a $ Diso9e$ie ce to A %erso i A.t,orit# or t,e A*e ts o( S.c, %erso !lements of resistance and serious diso0edience under t#e first paragrap# 1. 2. 3. A person in aut#ority or #is agent is engaged in t#e performance of official duty or gi&es a la$ful order to t#e offender; .ffender resists or seriously diso0eys suc# person in aut#ority or #is agent; T#e act of t#e offender is not included in t#e pro&ision of Articles 14'1 14) and 15*.

!lements of simple diso0edience under t#e second paragrap# 1. 2. 3. An agent of a person in aut#ority is engaged in t#e performance of official duty or gi&es a la$ful order to t#e offender; .ffender diso0eys suc# agent of a person in aut#ority; <uc# diso0edience is not of a serious nature.

9istinction 0et$een resistance or serious diso0edience and direct assault

41 1. %n resistance1 t#e person in aut#ority or #is agent must 0e in actual performance of #is duties. %n direct assault1 t#e person in aut#ority or #is agent must 0e engaged in t#e performance of official duties or t#at #e is assaulted 0y reason t#ereof. 2. 2esistance or serious diso0edience is committed only 0y resisting or seriously diso0eying a person in aut#ority or #is agent. 9irect assault (t#e second form) is committed in four $ays1 t#at is1 (1) 0y attac6ing1 (2) 0y employing force1 (3) 0y seriously intimidating1 and (4) 0y seriously resisting a persons in aut#ority or #is agent. 3. %n 0ot# resistance against an agent of a person in aut#ority and direct assault 0y resisting an agent of a person in aut#ority1 t#ere is force employed1 0ut t#e use of force in resistance is not so serious1 as t#ere is no manifest intention to defy t#e la$ and t#e officers enforcing it. T#e attac6 or employment of force $#ic# gi&es rise to t#e crime of direct assault must 0e serious and deli0erate; ot#er$ise1 e&en a case of simple resistance to an arrest1 $#ic# al$ays re3uires t#e use of force of some 6ind1 $ould constitute direct assault and t#e lesser offense of resistance or diso0edience in Article 151 $ould entirely disappear. 7ut $#en t#e one resisted is a person % aut#ority1 t#e use of any 6ind or degree of force $ill gi&e rise to direct assault. %f no force is employed 0y t#e offender in resisting or diso0eying a person in aut#ority1 t#e crime committed is resistance or serious diso0edience under t#e first paragrap# of Article 151.

@#o are deemed persons in aut#ority and agents of persons in aut#ority under Article 1!3 A person in aut#ority is one directly &ested $it# ?urisdiction1 t#at is1 t#e po$er and aut#ority to go&ern and e4ecute t#e la$s. An agent of a person in aut#ority is one c#arged $it# (1) t#e maintenance of pu0lic order and (2) t#e protection and security of life and property. !4amples of persons in aut#ority 1. 2. 3. Municipal mayor; 9i&ision superintendent of sc#ools; -u0lic and pri&ate sc#ool teac#ers;

42 4. 5. . ". '. ). Teac#erBnurse; -resident of sanitary di&ision; -ro&incial fiscal; Fustice of t#e -eace; Municipal councilor; 7arrio captain and 0arangay c#airman.

Article 1!8. T.&.lts a $ Ot,er Dist.r9a ces o( %.9lic Or$er Acts punis#ed 1. 2. 3. 4. 5. Causing any serious distur0ance in a pu0lic place1 office or esta0lis#ment; %nterrupting or distur0ing performances1 functions or gat#erings1 or peaceful meetings1 if t#e act is not included in Articles 131 and 132; Ma6ing any outcry tending to incite re0ellion or sedition in any meeting1 association or pu0lic place; 9isplaying placards or em0lems $#ic# pro&o6e a distur0ance of pu0lic order in suc# place; 7urying $it# pomp t#e 0ody of a person $#o #as 0een legally e4ecuted.

The essence is creating public disorder. This crime is brought about by creating serious disturbances in public places, public buildings, and even in private places where public functions or performances are being held. 2or a crime to be under this article, it must not fall under !rticles (6( #prohibition, interruption, and dissolution of peaceful meetings% and (6" #interruption of religious worship%. &n the act of ma4ing outcry during speech tending to incite rebellion or sedition, the situation must be distinguished from inciting to sedition or rebellion. &f the spea4er, even before he delivered his speech, already had the criminal intent to incite the listeners to rise to sedition, the crime would be inciting to sedition. However, if the offender had no such criminal intent, but in the course of his speech, tempers went high and so the spea4er started inciting the audience to rise in sedition against the government, the crime is disturbance of the public order. The disturbance of the pubic order is tumultuous and the penalty is increased if it is brought about by armed men. The term EarmedF does not refer to firearms but includes even big stones capable of causing grave injury.

43

&t is also disturbance of the public order if a convict legally put to death is buried with pomp. He should not be made out as a martyr< it might incite others to hatred. Article 1!4. U la+(.l Use o( Mea s o( %.9licatio a $ U la+(.l Uttera ces Acts punis#ed 1. -u0lis#ing or causing to 0e pu0lis#ed1 0y means of printing1 lit#ograp#y or any ot#er means of pu0lication1 as ne$s any false ne$s $#ic# may endanger t#e pu0lic order; or cause damage to t#e interest or credit of t#e <tate; !ncouraging diso0edience to t#e la$ or to t#e constituted aut#orities or praising1 ?ustifying or e4tolling any act punis#ed 0y la$1 0y t#e same means or 0y $ords1 utterances or speec#es; Maliciously pu0lis#ing or causing to 0e pu0lis#ed any official resolution or document $it#out proper aut#ority1 or 0efore t#ey #a&e 0een pu0lis#ed officially; -rinting1 pu0lis#ing or distri0uting (or causing t#e same) 0oo6s1 pamp#lets1 periodicals1 or leaflets $#ic# do not 0ear t#e real printerEs name1 or $#ic# are classified as anonymous.

2.

3. 4.

Actual pu0lic disorder or actual damage to t#e credit of t#e <tate is not necessary. Re".9lic Act No. 34/ pro#i0its t#e reprinting1 reproduction or repu0lication of go&ernment pu0lications and official documents $it#out pre&ious aut#ority. Article 1!!. Alar&s a $ Sca $als Acts punis#ed 1. 2. 3. 4. 9isc#arging any firearm1 roc6et1 firecrac6er1 or ot#er e4plosi&e $it#in any to$n or pu0lic place1 calculated to cause ($#ic# produces) alarm of danger; %nstigating or ta6ing an acti&e part in any c#ari&ari or ot#er disorderly meeting offensi&e to anot#er or pre?udicial to pu0lic tran3uility; 9istur0ing t#e pu0lic peace $#ile $andering a0out at nig#t or $#ile engaged in any ot#er nocturnal amusements; Causing any distur0ance or scandal in pu0lic places $#ile into4icated or ot#er$ise1 pro&ided Article 153 in not applica0le.

.hen a person discharges a firearm in public, the act may constitute any of the possible crimes under the Revised Penal Code'

44 #(% #"% #6% !larms and scandals if the firearm when discharged was not directed to any particular person< &llegal discharge of firearm under !rticle "$* if the firearm is directed or pointed to a particular person when discharged but intent to 4ill is absent< !ttempted homicide, murder, or parricide if the firearm when discharged is directed against a person and intent to 4ill is present.

&n this connection, understand that it is not necessary that the offended party be wounded or hit. 0ere discharge of firearm towards another with intent to 4ill already amounts to attempted homicide or attempted murder or attempted parricide. &t can not be frustrated because the offended party is not mortally wounded. &n Arane)a v. Cour) o* A!!eal+, it was held that if a person is shot at and is wounded, the crime is automatically attempted homicide. &ntent to 4ill is inherent in the use of the deadly weapon. The crime alarms and scandal is only one crime. @o not thin4 that alarms and scandals are two crimes. 5candal here does not refer to moral scandal< that one is grave scandal in !rticle ";;. The essence of the crime is disturbance of public tran9uility and public peace. 5o, any 4ind of disturbance of public order where the circumstance at the time renders the act offensive to the tran9uility prevailing, the crime is committed. Charivari is a moc4 serenade wherein the supposed serenaders use bro4en cans, bro4en pots, bottles or other utensils thereby creating discordant notes. !ctually, it is producing noise, not music and so it also disturbs public tran9uility. =nderstand the nature of the crime of alarms and scandals as one that disturbs public tran9uility or public peace. &f the annoyance is intended for a particular person, the crime is unjust vexation. )ven if the persons involved are engaged in nocturnal activity li4e those playing patintero at night, or selling balut, if they conduct their activity in such a way that disturbs public peace, they may commit the crime of alarms and scandals. Article 1!'. Deli0eri * %riso ers (ro& <ail !lements 1. 2. T#ere is a person confined in a ?ail or penal esta0lis#ment; .ffender remo&es t#erefrom suc# person1 or #elps t#e escape of suc# person.

-enalty of arresto mayor in its ma4imum period to prision correccional in its minimum period is imposed if &iolence1 intimidation or 0ri0ery is used. -enalty of arresto mayor if ot#er means are used.

45 -enalty decreased to t#e minimum period if t#e escape of t#e prisoner s#all ta6e place outside of said esta0lis#ments 0y ta6ing t#e guards 0y surprise. &n relation to infidelity in the custody of prisoners, correlate the crime of delivering person from jail with infidelity in the custody of prisoners punished under !rticles ""6, ""* and ""$ of the Revised Penal Code. &n both acts, the offender may be a public officer or a private citi3en. @o not thin4 that infidelity in the custody of prisoners can only be committed by a public officer and delivering persons from jail can only be committed by private person. :oth crimes may be committed by public officers as well as private persons. &n both crimes, the person involved may be a convict or a mere detention prisoner. The only point of distinction between the two crimes lies on whether the offender is the custodian of the prisoner or not at the time the prisoner was made to escape. &f the offender is the custodian at that time, the crime is infidelity in the custody of prisoners. :ut if the offender is not the custodian of the prisoner at that time, even though he is a public officer, the crime he committed is delivering prisoners from jail. Aiability of the prisoner or detainee who escaped + .hen these crimes are committed, whether infidelity in the custody of prisoners or delivering prisoners from jail, the prisoner so escaping may also have criminal liability and this is so if the prisoner is a convict serving sentence by final judgment. The crime of evasion of service of sentence is committed by the prisoner who escapes if such prisoner is a convict serving sentence by final judgment. &f the prisoner who escapes is only a detention prisoner, he does not incur liability from escaping if he does not 4now of the plan to remove him from jail. :ut if such prisoner 4nows of the plot to remove him from jail and cooperates therein by escaping, he himself becomes liable for delivering prisoners from jail as a principal by indispensable cooperation. &f three persons are involved + a stranger, the custodian and the prisoner + three crimes are committed' #(% #"% #6% &nfidelity in the custody of prisoners< @elivery of the prisoner from jail< and )vasion of service of sentence.

Article 1!). E0asio o( Ser0ice o( Se te ce !lements

1. .ffender is a con&ict 0y final ?udgment; 2. 5e is ser&ing sentence $#ic# consists in t#e depri&ation of li0erty;

46

3. 5e e&ades ser&ice of #is sentence 0y escaping during t#e term of #is imprisonment.
Dualifying circumstances as to penalty imposed %f suc# e&asion or escape ta6es place / 1. 2. 3. 4. 7y means of unla$ful entry (t#is s#ould 0e H0y scalingI B 2eyes); 7y 0rea6ing doors1 $indo$s1 gates1 $alls1 roofs or floors; 7y using pic6loc61 false 6eys1 disguise1 deceit1 &iolence or intimidation; or T#roug# conni&ance $it# ot#er con&icts or employees of t#e penal institution.

)vasion of service of sentence has three forms' #(% #"% :y simply leaving or escaping from the penal establishment under !rticle ($?< 2ailure to return within *1 hours after having left the penal establishment because of a calamity, conflagration or mutiny and such calamity, conflagration or mutiny has been announced as already passed under !rticle ($1< 7iolating the condition of conditional pardon under !rticle ($8.

#6%

&n leaving or escaping from jail or prison, that the prisoner immediately returned is immaterial. &t is enough that he left the penal establishment by escaping therefrom. His voluntary return may only be mitigating, being analogous to voluntary surrender. :ut the same will not absolve his criminal liability. Article 1!/. E0asio o( Ser0ice o( Se te ce o Co (la*ratio s@ Eart,B.a=es@ or Ot,er Cala&ities !lements 1. 2. .ffender is a con&ict 0y final ?udgment1 $#o is confined in a penal institution; T#ere is disorder1 resulting from / a. 0. c. d. e. conflagration; eart#3ua6e; e4plosion; or similar catastrop#e; or mutiny in $#ic# #e #as not participated; t,e Occasio o( Disor$ers@

47 3. 4. 5e e&ades t#e ser&ice of #is sentence 0y lea&ing t#e penal institution $#ere #e is confined1 on t#e occasion of suc# disorder or during t#e mutiny; 5e fails to gi&e #imself up to t#e aut#orities $it#in 4' #ours follo$ing t#e issuance of a proclamation 0y t#e C#ief !4ecuti&e announcing t#e passing a$ay of suc# calamity.

The leaving from the penal establishment is not the basis of criminal liability. &t is the failure to return within *1 hours after the passing of the calamity, conflagration or mutiny had been announced. =nder !rticle ($1, those who return within *1 hours are given credit or deduction from the remaining period of their sentence e9uivalent to (J$ of the original term of the sentence. :ut if the prisoner fails to return within said *1 hours, an added penalty, also (J$, shall be imposed but the (J$ penalty is based on the remaining period of the sentence, not on the original sentence. &n no case shall that penalty exceed six months. Those who did not leave the penal establishment are not entitled to the (J$ credit. >nly those who left and returned within the *1 hour period. The mutiny referred to in the second form of evasion of service of sentence does not include riot. The mutiny referred to here involves subordinate personnel rising against the supervisor within the penal establishment. >ne who escapes during a riot will be subject to !rticle ($?, that is, simply leaving or escaping the penal establishment. Mutiny is one of the causes which may authorize a convict serving sentence in the penitentiary to leave the jail provided he has not taken part in the mutiny. The crime of evasion of service of sentence may be committed even if the sentence is destierro, and this is committed if the convict sentenced to destierro will enter the prohibited places or come within the prohibited radius of "$ 4ilometers to such places as stated in the judgment. &f the sentence violated is destierro, the penalty upon the convict is to be served by way of destierro also, not imprisonment. This is so because the penalty for the evasion can not be more severe than the penalty evaded. Article 1!1. Ot,er Cases o( E0asio o( Ser0ice o( Se te ce !lements of &iolation of conditional pardon 1. 2. 3. .ffender $as a con&ict; 5e $as granted pardon 0y t#e C#ief !4ecuti&e; 5e &iolated any of t#e conditions of suc# pardon.

48 &n violation of conditional pardon, as a rule, the violation will amount to this crime only if the condition is violated during the remaining period of the sentence. !s a rule, if the condition of the pardon is violated when the remaining unserved portion of the sentence has already lapsed, there will be no more criminal liability for the violation. However, the convict maybe re9uired to serve the unserved portion of the sentence, that is, continue serving original penalty. The administrative liability of the convict under the conditional pardon is different and has nothing to do with his criminal liability for the evasion of service of sentence in the event that the condition of the pardon has been violated. )xception' where the violation of the condition of the pardon will constitute evasion of service of sentence, even though committed beyond the remaining period of the sentence. This is when the conditional pardon expressly so provides or the language of the conditional pardon clearly shows the intention to ma4e the condition perpetual even beyond the unserved portion of the sentence. &n such case, the convict may be re9uired to serve the unserved portion of the sentence even though the violation has ta4en place when the sentence has already lapsed. &n order that the conditional pardon may be violated, it is conditional that the pardonee received the conditional pardon. &f he is released without conformity to the conditional pardon, he will not be liable for the crime of evasion of service of sentence.

6.estio 7 A s+er %s t#e &iolation of conditional pardon a su0stanti&e offense= =nder !rticle ($8, there are two situations provided' #(% #"% There is a penalty of prision correccional minimum for the violation of the conditional pardon< There is no new penalty imposed for the violation of the conditional pardon. &nstead, the convict will be re9uired to serve the unserved portion of the sentence.

&f the remitted portion of the sentence is less than six years or up to six years, there is an added penalty of prision correccional minimum for the violation of the conditional pardon< hence, the violation is a substantive offense if the remitted portion of the sentence does not exceed six years because in this case a new penalty is imposed for the violation of the conditional pardon. :ut if the remitted portion of the sentence exceeds six years, the violation of the conditional pardon is not a substantive offense because no new penalty is imposed for the violation.

49 &n other words, you have to 9ualify your answer. The 5upreme Court, however, has ruled in the case of An%ele+ v. ,o+e that this is not a substantive offense. This has been highly critici3ed. Article 1'4. Co&&issio o( A ot,er Cri&e D.ri * Ser0ice o( %e alt# I&"ose$ (or A ot,er %re0io.s O((e se !lements 1. 2. .ffender $as already con&icted 0y final ?udgment of one offense; 5e committed a ne$ felony 0efore 0eginning to ser&e suc# sentence or $#ile ser&ing t#e same.

TITLE I2. CRIMES AGAINST %UALIC INTEREST Crimes against pu0lic interest 1. 2. 3. 4. 5. . ". '. ). 1*. 11. 12. 13. Counterfeiting t#e great seal of t#e ;o&ernment of t#e -#ilippines (Art. 1 1); 8sing forged signature or counterfeiting seal or stamp (Art. 1 2); Ma6ing and importing and uttering false coins (Art. 1 3); Mutilation of coins1 importation and uttering of mutilated coins (Art. 1 4); <elling of false or mutilated coins1 $it#out conni&ance (Art. 1 5); +orging treasury or 0an6 notes or ot#er documents paya0le to 0earer1 importing and uttering of suc# false or forged notes and documents (Art. 1 ); Counterfeiting1 importing and uttering instruments not paya0le to 0earer (Art. 1 "); %llegal possession and use of forged treasury or 0an6 notes and ot#er instruments of credit (Art. 1 '); +alsification of legislati&e documents (Art. 1"*); +alsification 0y pu0lic officer1 employee or notary (Art. 1"1); +alsification 0y pri&ate indi&iduals and use of falsified documents (Art. 1"2); +alsification of $ireless1 ca0le1 telegrap# and telep#one messages and use of said falsified messages (Art. 1"3); +alse medical certificates1 false certificates of merit or ser&ice (Art. 1"4);

50

14. 15. 1 . 1". 1'. 1). 2*. 21. 22. 23. 24. 25. 2 . 2". 2'.

8sing false certificates (Art. 1"5); Manufacturing and possession of instruments or implements for falsification (Art. 1" ); 8surpation of aut#ority or official functions (Art. 1""); 8sing fictitious name and concealing true name (Art. 1"'); %llegal use of uniforms or insignia (Art. 1")); +alse testimony against a defendant (Art. 1'*); +alse testimony fa&ora0le to t#e defendant (Art. 1'1); +alse testimony in ci&il cases (Art. 1'2); +alse testimony in ot#er cases and per?ury (Art. 1'3); .ffering false testimony in e&idence (Art. 1'4); Mac#inations in pu0lic auction (Art. 1'5); Monopolies and com0inations in restraint of trade (Art. 1' ); %mportation and disposition of falsely mar6ed articles or merc#andise made of gold1 sil&er1 or ot#er precious metals or t#eir alloys (Art. 1'"); <u0stituting and altering trade mar6s and trade names or ser&ice mar6s (Art. 1''); 8nfair competition and fraudulent registration of trade mar6 or trade name1 or ser&ice mar6; fraudulent designation of origin1 and false description (Art. 1')).

The crimes in this title are in the nature of fraud or falsity to the public. The essence of the crime under this title is that which defraud the public in general. There is deceit perpetrated upon the public. This is the act that is being punished under this title. Article 1'1. Co. ter(eiti * t,e Great Seal o( t,e Go0er &e t o( t,e %,ili""i e Isla $s@ For*i * t,e Si* at.re or Sta&" o( t,e C,ie( E?ec.ti0e Acts punis#ed 1. 2. 3. +orging t#e great seal of t#e ;o&ernment of t#e -#ilippines; +orging t#e signature of t#e -resident; +orging t#e stamp of t#e -resident.

51

Article 1'3. Usi * For*e$ Si* at.re or Co. ter(eit Seal or Sta&" !lements 1. 2. 3. T#e great seal of t#e 2epu0lic $as counterfeited or t#e signature or stamp of t#e C#ief !4ecuti&e $as forged 0y anot#er person; .ffender 6ne$ of t#e counterfeiting or forgery; 5e used t#e counterfeit seal or forged signature or stamp.

.ffender under t#is article s#ould not 0e t#e forger. Article 1'8. Ma=i * a $ I&"orti * a $ Utteri * False Coi s !lements 1. 2. 3. T#ere 0e false or counterfeited coins; .ffender eit#er made1 imported or uttered suc# coins; %n case of uttering suc# false or counterfeited coins1 #e conni&ed $it# t#e counterfeiters or importers.

Jinds of coins t#e counterfeiting of $#ic# is punis#ed 1. 2. 3. <il&er coins of t#e -#ilippines or coins of t#e Central 7an6 of t#e -#ilippines; Coins of t#e minor coinage of t#e -#ilippines or of t#e Central 7an6 of t#e -#ilippines; Coin of t#e currency of a foreign country.

Article 1'4. M.tilatio o( Coi s Acts punis#ed 1. 2. Mutilating coins of t#e legal currency1 $it# t#e furt#er re3uirements t#at t#ere 0e intent to damage or to defraud anot#er; %mporting or uttering suc# mutilated coins1 $it# t#e furt#er re3uirement t#at t#ere must 0e conni&ances $it# t#e mutilator or importer in case of uttering.

The first acts of falsification or falsity are +

52 #(% #"% Counterfeiting + refers to money or currency< 2orgery + refers to instruments of credit and obligations and securities issued by the Philippine government or any ban4ing institution authori3ed by the Philippine government to issue the same< 2alsification + can only be committed in respect of documents.

#6%

&n so far as coins in circulation are concerned, there are two crimes that may be committed' #(% Counterfeiting coins This is the crime of rema4ing or manufacturing without any authority to do so.

&n the crime of counterfeiting, the law is not concerned with the fraud upon the public such that even though the coin is no longer legal tender, the act of imitating or manufacturing the coin of the government is penali3ed. &n punishing the crime of counterfeiting, the law wants to prevent people from trying their ingenuity in their imitation of the manufacture of money. &t is not necessary that the coin counterfeited be legal tender. 5o that even if the coin counterfeited is of vintage, the crime of counterfeiting is committed. The reason is to bar the counterfeiter from perfecting his craft of counterfeiting. The law punishes the act in order to discourage people from ever attempting to gain expertise in gaining money. This is because if people could counterfeit money with impunity just because it is no longer legal tender, people would try to counterfeit non legal tender coins. 5oon, if they develop the expertise to ma4e the counterfeiting more or less no longer discernible or no longer noticeable, they could ma4e use of their ingenuity to counterfeit coins of legal tender. 2rom that time on, the government shall have difficulty determining which coins are counterfeited and those which are not. &t may happen that the counterfeited coins may loo4 better than the real ones. 5o, counterfeiting is penali3ed right at the very start whether the coin is legal tender or otherwise.

6.estio 7 A s+er K #as in #is possession a coin $#ic# $as legal tender at t#e time of Magellan and is considered a collectorEs item. 5e manufactured se&eral pieces of t#at coin. %s t#e crime committed= Bes. &t is not necessary that the coin be of legal tender. The provision punishing counterfeiting does not re9uire that the money be of legal tender and the law punishes this even if the coin concerned is not of legal tender in order to discourage people from practicing their ingenuity of imitating money. &f it were otherwise, people may at the beginning try their ingenuity in imitating money not of legal tender and once they ac9uire expertise, they may then counterfeit money of legal tender.

53 #"% 0utilation of coins This refers to the deliberate act of diminishing the proper metal contents of the coin either by scraping, scratching or filling the edges of the coin and the offender gathers the metal dust that has been scraped from the coin.

Re9uisites of mutilation under the Revised Penal Code #(% #(% #"% #6% Coin mutilated is of legal tender< >ffender gains from the precious metal dust abstracted from the coin< and &t has to be a coin.

0utilation is being regarded as a crime because the coin, being of legal tender, it is still in circulation and which would necessarily prejudice other people who may come across the coin. 2or example, C mutilated a P ".;; coin, the octagonal one, by converting it into a round one and extracting (J(; of the precious metal dust from it. The coin here is no longer P".;; but only P (.1;, therefore, prejudice to the public has resulted. There is no expertise involved here. &n mutilation of coins under the Revised Penal Code, the offender does nothing but to scrape, pile or cut the coin and collect the dust and, thus, diminishing the intrinsic value of the coin. 0utilation of coins is a crime only if the coin mutilated is legal tender. &f the coin whose metal content has been depreciated through scraping, scratching, or filing the coin and the offender collecting the precious metal dust, even if he would use the coin after its intrinsic value had been reduced, nobody will accept the same. &f it is not legal tender anymore, no one will accept it, so nobody will be defrauded. :ut if the coin is of legal tender, and the offender minimi3es or decreases the precious metal dust content of the coin, the crime of mutilation is committed. &n the example, if the offender has collected (J(; of the P ".;; coin, the coin is actually worth only P (.1;. He is paying only P(.1; in effect defrauding the seller of P .";. Punishment for mutilation is brought about by the fact that the intrinsic value of the coin is reduced. The offender must deliberately reduce the precious metal in the coin. @eliberate intent arises only when the offender collects the precious metal dust from the mutilated coin. &f the offender does not collect such dust, intent to mutilate is absent, but Presidential @ecree ,o. "*? will apply. %resi$e tial Decree No. 34) :De(ace&e t@ M.tilatio @ Teari *@ A.r i * or Destro#i * Ce tral Aa = Notes a $ Coi s> %t s#all 0e unla$ful for any person to $illfully deface1 mutilate1 tear1 0urn1 or destroy in any manner $#atsoe&er1 currency notes and coins issued 0y t#e Central 7an6. 0utilation under the Revised Penal Code is true only to coins. &t cannot be a crime under the Revised Penal Code to mutilate paper bills because the idea of mutilation

54 under the code is collecting the precious metal dust. @ecree ,o. "*?, mutilation is not limited to coins. However, under Presidential

6.estio s 7 A s+ers 1. T#e people playing cara y cru:1 0efore t#ey t#ro$ t#e coin in t#e air $ould ru0 t#e money to t#e side$al6 t#ere0y diminis#ing t#e intrinsic &alue of t#e coin. %s t#e crime of mutilation committed= 0utilation, under the Revised Penal Code, is not committed because they do not collect the precious metal content that is being scraped from the coin. However, this will amount to violation of Presidential @ecree ,o. "*?. 2. @#en t#e image of Fose 2i:al on a fi&eBpeso 0ill is transformed into t#at of 2andy <antiago1 is t#ere a &iolation of -residential 9ecree Co. 24"= Bes. Presidential @ecree ,o. "*? is violated by such act. 3. <ometime 0efore martial la$ $as imposed1 t#e people lost confidence in 0an6s t#at t#ey preferred #oarding t#eir money t#an depositing it in 0an6s. +ormer -resident +erdinand Marcos declared upon declaration of martial la$ t#at all 0ills $it#out t#e 7agong Aipunan sign on t#em $ill no longer 0e recogni:ed. 7ecause of t#is1 t#e people #ad no c#oice 0ut to surrender t#eir money to 0an6s and e4c#ange t#em $it# t#ose $it# t#e 7agong Aipunan sign on t#em. 5o$e&er1 people $#o came up $it# a lot of money $ere also 0eing c#arged $it# #oarding for $#ic# reason certain printing presses did t#e stamping of t#e 7agong Aipunan sign t#emsel&es to a&oid prosecution. @as t#ere a &iolation of -residential 9ecree Co. 24"= Bes. This act of the printing presses is a violation of Presidential @ecree ,o. "*?. 4. An old $oman $#o $as a cigarette &endor in Duiapo refused to accept oneBcenta&o coins for payment of t#e &endee of cigarettes #e purc#ased. T#en came t#e police $#o ad&ised #er t#at s#e #as no rig#t to refuse since t#e coins are of legal tender. .n t#is1 t#e old $oman accepted in #er #ands t#e oneBcenta&o coins and t#en t#re$ it to t#e face of t#e &endee and t#e police. @as t#e old $oman guilty of &iolating -residential 9ecree Co. 24"= 5he was guilty of violating Presidential @ecree ,o. "*? because if no one ever pic4s up the coins, her act would result in the diminution of the coin in circulation. 5. A certain customer in a restaurant $anted to s#o$ off and used a - 2*.** 0ill to lig#t #is cigarette. @as #e guilty of &iolating -residential 9ecree Co. 24"= He was guilty of arrested for violating of Presidential @ecree ,o. "*?. !nyone who is in possession of defaced money is the one who is the violator of Presidential @ecree ,o. "*?. The intention of Presidential @ecree ,o. "*? is not to punish the act of defrauding the public but what is being punished is the act of destruction of money issued by the Central :an4 of the Philippines.

55

,ote that persons ma4ing bracelets out of some coins violate Presidential @ecree ,o. "*?. The primary purpose of Presidential @ecree ,o. "*? at the time it was ordained was to stop the practice of people writing at the bac4 or on the edges of the paper bills, such as Kwanted' pen palK. 5o, if the act of mutilating coins does not involve gathering dust li4e playing cara y cru3, that is not mutilation under the Revised Penal Code because the offender does not collect the metal dust. :ut by rubbing the coins on the sidewal4, he also defaces and destroys the coin and that is punishable under Presidential @ecree ,o. "*?. Article 1'!. Selli * o( False or M.tilate$ Coi @ +it,o.t Co Acts punis#ed 1. -ossession of coin1 counterfeited or mutilated 0y anot#er person1 $it# intent to utter t#e same1 6no$ing t#at it is false or mutilated; !lements i0a ce

1. 2. 3.
2.

-ossession; @it# intent to utter; and Jno$ledge.

Actually uttering suc# false or mutilated coin1 6no$ing t#e same to 0e false or mutilated. !lements

1. 2.

Actually uttering; and Jno$ledge.

Article 1''. For*i * Treas.r# or Aa = Notes or Ot,er Doc.&e ts %a#a9le to AearerC I&"orti * a $ Utteri * S.c, False or For*e$ Notes a $ Doc.&e ts Acts punis#ed 1. 2. +orging or falsification of treasury or 0an6 notes or ot#er documents paya0le to 0earer; %mportation of suc# false or forged o0ligations or notes;

56 3. 8ttering of suc# false or forged o0ligations or notes in conni&ance $it# t#e forgers or importers.

Article 1'). Co. ter(eiti *@ I&"orti *@ a $ Utteri * I str.&e ts Not %a#a9le to Aearer !lements

1. T#ere is an instrument paya0le to order or ot#er documents of credit not paya0le to

0earer;

2. .ffender eit#er forged1 imported or uttered suc# instrument; 3. %n case of uttering1 #e conni&ed $it# t#e forger or importer.
Article 1'/. Ille*al %ossessio Ot,er I str.&e ts o( Cre$it !lements 1. Any treasury or 0an6 note or certificate or ot#er o0ligation and security paya0le to 0earer1 or any instrument paya0le to order or ot#er document of credit not paya0le to 0earer is forged or falsified 0y anot#er person; .ffender 6no$s t#at any of t#ose instruments is forged or falsified; 5e eit#er / a. 0. uses any of suc# forged or falsified instruments; or possesses $it# intent to use any of suc# forged or falsified instruments. a $ Use o( False Treas.r# or Aa = Notes a $

2. 3.

5o$ forgery is committed under Article 1'1

1. 7y gi&ing to a treasury or 0an6 note or any instrument paya0le to 0earer or to order

mentioned t#erein1 t#e appearance of a true and genuine document; 2. 7y erasing1 su0stituting1 counterfeiting1 or altering 0y any means t#e figures1 letters1 $ords1 or sign contained t#erein.

2orgery under the Revised Penal Code applies to papers, which are in the form of obligations and securities issued by the Philippine government as its own obligations, which is given the same status as legal tender. /enerally, the word EcounterfeitingF is not used when it comes to notes< what is used is Eforgery.F Counterfeiting refers to money, whether coins or bills.

57 The Revised Penal Code defines forgery under !rticle (-8. ,otice that mere change on a document does not amount to this crime. The essence of forgery is giving a document the appearance of a true and genuine document. ,ot any alteration of a letter, number, figure or design would amount to forgery. !t most, it would only be frustrated forgery. .hen what is being counterfeited is obligation or securities, which under the Revised Penal Code is given a status of money or legal tender, the crime committed is forgery.

6.estio s 7 A s+ers 1. %nstead of t#e peso sign (-)1 some0ody replaced it $it# a dollar sign (L). @as t#e crime of forgery committed= ,o. 2orgery was not committed. The forged instrument and currency note must be given the appearance of a true and genuine document. The crime committed is a violation of Presidential @ecree ,o. "*?. .here the currency note, obligation or security has been changed to ma4e it appear as one which it purports to be as genuine, the crime is forgery. &n chec4s or commercial documents, this crime is committed when the figures or words are changed which materially alters the document. 2. An old man1 in #is desire to earn somet#ing1 scraped a digit in a losing s$eepsta6es tic6et1 cut out a digit from anot#er tic6et and pasted it t#ere to matc# t#e series of digits corresponding to t#e $inning s$eepsta6es tic6et. 5e presented t#is tic6et to t#e -#ilippine C#arity <$eepsta6es .ffice. 7ut t#e alteration is so crude t#at e&en a c#ild can notice t#at t#e supposed digit is merely superimposed on t#e digit t#at $as scraped. @as t#e old man guilty of forgery= :ecause of the impossibility of deceiving whoever would be the person to whom that tic4et is presented, the 5upreme Court ruled that what was committed was an impossible crime. ,ote, however, that the decision has been critici3ed. &n a case li4e this, the 5upreme Court of 5pain ruled that the crime is frustrated. .here the alteration is such that nobody would be deceived, one could easily see that it is a forgery, the crime is frustrated because he has done all the acts of execution which would bring about the felonious conse9uence but nevertheless did not result in a consummation for reasons independent of his will. 3. A person #as a t$entyBpeso 0ill. 5e applied toot#ac#e drops on one side of t#e 0ill. 5e #as a mimeograp# paper similar in te4ture to t#at of t#e currency note and placed it on top of t#e t$entyBpeso 0ill and put some $eig#t on top of t#e paper. After sometime1 #e remo&ed it and t#e printing on t#e t$entyBpeso 0ill $as reproduced on t#e mimeo paper. 5e too6 t#e re&erse side of t#e -2* 0ill1 applied toot#ac#e drops and re&ersed t#e mimeo paper and pressed it to t#e paper. After sometime1 #e remo&ed it and it $as reproduced. 5e cut it out1 scraped it a little and $ent to a sariBsari store trying to 0uy a cigarette $it# t#at 0ill. @#at #e o&erloo6ed $as t#at1 $#en #e placed t#e 0ill1 t#e printing $as in&erted. 5e $as appre#ended and $as prosecuted and con&icted of forgery. @as t#e crime of forgery committed= The 5upreme Court ruled that it was only frustrated forgery because although the offender has performed all the acts of execution, it is not possible because by simply

58 loo4ing at the forged document, it could be seen that it is not genuine. &t can only be a consummated forgery if the document which purports to be genuine is given the appearance of a true and genuine document. >therwise, it is at most frustrated. Article 1)4. Falsi(icatio o( Le*islati0e Doc.&e ts !lements 1. 2. 3. 4. T#ere is a 0ill1 resolution or ordinance enacted or appro&ed or pending appro&al 0y eit#er 5ouse of t#e Aegislature or any pro&incial 0oard or municipal council; .ffender alters t#e same; 5e #as no proper aut#ority t#erefor; T#e alteration #as c#anged t#e meaning of t#e documents.

T#e $ords Gmunicipal councilG s#ould include t#e city council or municipal 0oard / 2eyes. The crime of falsification must involve a writing that is a document in the legal sense. The writing must be complete in itself and capable of extinguishing an obligation or creating rights or capable of becoming evidence of the facts stated therein. =ntil and unless the writing has attained this 9uality, it will not be considered as document in the legal sense and, therefore, the crime of falsification cannot be committed in respect thereto. 2ive classes of falsification' #(% #"% #6% #*% #$% 2alsification of legislative documents< 2alsification of a document by a public officer, employee or notary public< 2alsification of a public or official, or commercial documents by a private individual< 2alsification of a private document by any person< 2alsification of wireless, telegraph and telephone messages.

@istinction between falsification and forgery' 2alsification is the commission of any of the eight acts mentioned in !rticle (?( on legislative #only the act of ma4ing alteration%, public or official, commercial, or private documents, or wireless, or telegraph messages. The term forgery as used in !rticle (-8 refers to the falsification and counterfeiting of treasury or ban4 notes or any instruments payable to bearer or to order.

59 ,ote that forging and falsification are crimes under 2orgeries. Article 1)1. Falsi(icatio Mi ister !lements 1. 2. 3. .ffender is a pu0lic officer1 employee1 or notary pu0lic; 5e ta6es ad&antage of #is official position; 5e falsifies a document 0y committing any of t#e follo$ing acts> a. 0. c. d. e. f. g. Counterfeiting or imitating any #and$riting1 signature or ru0ric; Causing it to appear t#at persons #a&e participated in any act or proceeding $#en t#ey did not in fact so participate; Attri0uting to persons $#o #a&e participated in an act or proceeding statements ot#er t#an t#ose in fact made 0y t#em; Ma6ing untrut#ful statements in a narration of facts; Altering true dates; Ma6ing any alteration or intercalation in a genuine document $#ic# c#anges its meaning; %ssuing in an aut#enticated form a document purporting to 0e a copy of an original document $#en no suc# original e4ists1 or including in suc# a copy a statement contrary to1 or different from1 t#at of t#e genuine original; or %ntercalating any instrument or note relati&e to t#e issuance t#ereof in a protocol1 registry1 or official 0oo6. 9# %.9lic O((icer@ E&"lo#ee or Notar# or Ecclesiastical

#. 4.

%n case t#e offender is an ecclesiastical minister $#o s#all commit any of t#e offenses enumerated1 $it# respect to any record or document of suc# c#aracter t#at its falsification may affect t#e ci&il status of persons.

2or example, a customer in a hotel did not write his name on the registry boo4, which was intended to be a memorial of those who got in and out of that hotel. There is no complete document to spea4 of. The document may not extinguish or create rights but it can be an evidence of the facts stated therein. ,ote that a chec4 is not yet a document when it is not completed yet. &f somebody writes on it, he ma4es a document out of it.

60 The document where a crime was committed or the document subject of the prosecution may be totally false in the sense that it is entirely spurious. This notwithstanding, the crime of falsification is committed. &t does not re9uire that the writing be genuine. )ven if the writing was through and through false, if it appears to be genuine, the crime of falsification is nevertheless committed.

6.estio s 7 A s+ers 1. A is one of t#ose selling residence certificates in Duiapo. 5e $as 0roug#t to t#e police precincts on suspicion t#at t#e certificates #e $as selling to t#e pu0lic proceed from spurious sources and not from t#e 7ureau of Treasury. 8pon &erification1 it $as found out t#at t#e certificates $ere indeed printed $it# a 0oo6let of supposed residence certificates. @#at crime $as committed= Crime committed is violation of !rticle (?- #manufacturing and possession of instruments or implements for falsification%. ! cannot be charged of falsification because the boo4let of residence certificates found in his possession is not in the nature of EdocumentF in the legal sense. They are mere forms which are not to be completed to be a document in the legal sense. This is illegal possession with intent to use materials or apparatus which may be used in counterfeitingJforgery or falsification. 2. -u0lic officers found a traffic &iolation receipts from a certain person. T#e receipts $ere not issued 0y t#e Motor (e#icle .ffice. +or $#at crime s#ould #e 0e prosecuted for= &t cannot be a crime of usurpation of official functions. &t may be the intention but no overt act was yet performed by him. He was not arrested while performing such overt act. He was apprehended only while he was standing on the street suspiciously. ,either can he be prosecuted for falsification because the document is not completed yet, there being no name of any erring driver. The document remains to be a mere form. &t not being completed yet, the document does not 9ualify as a document in the legal sense. 4. Can t#e $riting on t#e $all 0e considered a document=

Bes. &t is capable of spea4ing of the facts stated therein. .riting may be on anything as long as it is a product of the handwriting, it is considered a document. 5. %n a case $#ere a la$yer tried to e4tract money from a spinster 0y typing on a 0ond paper a su0poena for estafa. T#e spinster agreed to pay. T#e spinster $ent to t#e prosecutorEs office to &erify t#e e4act amount and found out t#at t#ere $as no c#arge against #er. T#e la$yer $as prosecuted for falsification. 5e contended t#at only a genuine document could 0e falsified. 2ule. !s long as any of the acts of falsification is committed, whether the document is genuine or not, the crime of falsification may be committed. )ven totally false documents may be falsified.

61

There are four 4inds of documents' #(% #"% #6% #*% Public document in the execution of which, a person in authority or notary public has ta4en part< >fficial document in the execution of which a public official ta4es part< Commercial document or any document recogni3ed by the Code of Commerce or any commercial law< and Private document in the execution of which only private individuals ta4e part.

Public document is broader than the term official document. :efore a document may be considered official, it must first be a public document. :ut not all public documents are official documents. To become an official document, there must be a law which re9uires a public officer to issue or to render such document. )xample' ! cashier is re9uired to issue an official receipt for the amount he receives. The official receipt is a public document which is an official document. Article 1)3. Falsi(icatio 9# %ri0ate I $i0i$.al a $ Use o( Falsi(ie$ Doc.&e ts Acts punis#ed 1. 2. 3. +alsification of pu0lic1 official or commercial document 0y a pri&ate indi&idual; +alsification of pri&ate document 0y any person; 8se of falsified document.

!lements under paragrap# 1 1. .ffender is a pri&ate indi&idual or pu0lic officer or employee $#o did not ta6e ad&antage of #is official position;

2. 5e committed any act of falsification;

3. T#e falsification $as committed in a pu0lic1 official1 or commercial document or letter of e4c#ange.

!lements under paragrap# 2 1. .ffender committed any of t#e acts of falsification e4cept Article 1"1(")1 t#at is1 issuing in an aut#enticated form a document purporting to 0e a copy of an original document $#en no suc# original e4ists1 or including in suc# a copy a statement contrary to1 or different from1 t#at of t#e genuine original;

62

2. +alsification $as committed in any pri&ate document; 3. +alsification causes damage to a t#ird party or at least t#e falsification $as committed $it# intent to cause suc# damage. !lements under t#e last paragrap# %n introducing in a ?udicial proceeding /

1. .ffender 6ne$ t#at t#e document $as falsified 0y anot#er person; 2. T#e false document is in Articles 1"1 or 1"2 (1 or 2); 3. 5e introduced said document in e&idence in any ?udicial proceeding.
%n use in any ot#er transaction /

1. .ffender 6ne$ t#at a document $as falsified 0y anot#er person; 2. T#e false document is em0raced in Articles 1"1 or 1"2 (1 or 2); 3. 5e used suc# document; 4. T#e use caused damage to anot#er or at least used $it# intent to cause damage.
Article 1)8. Falsi(icatio o( Wireless@ Ca9le@ Tele*ra", a $ Tele",o e Messa*es@ a $ Use o( Sai$ Falsi(ie$ Messa*es Acts punis#ed 1. 8ttering fictitious $ireless1 telegrap# or telep#one message; !lements 11 .ffender is an officer or employee of t#e go&ernment or an officer or employee of a pri&ate corporation1 engaged in t#e ser&ice of sending or recei&ing $ireless1 ca0le or telep#one message; 5e utters fictitious $ireless1 ca0le1 telegrap# or telep#one message.

2. 2.

+alsifying $ireless1 telegrap# or telep#one message; !lements 11 .ffender is an officer or employee of t#e go&ernment or an officer or employee of a pri&ate corporation1 engaged in t#e ser&ice of sending or recei&ing $ireless1 ca0le or telep#one message;

63

2. 3.

5e falsifies $ireless1 ca0le1 telegrap# or telep#one message.

8sing suc# falsified message. !lements 1. .ffender 6ne$ t#at $ireless1 ca0le1 telegrap#1 or telep#one message $as falsified 0y an officer or employee of t#e go&ernment or an officer or employee of a pri&ate corporation1 engaged in t#e ser&ice of sending or recei&ing $ireless1 ca0le or telep#one message; 5e used suc# falsified dispatc#; T#e use resulted in t#e pre?udice of a t#ird party or at least t#ere $as intent to cause suc# pre?udice. False Me$ical Certi(icates@ False Certi(icates o( Merits or Ser0ice@

2. 3.

Article 1)4. Etc. -ersons lia0le

1. -#ysician or surgeon $#o1 in connection $it# t#e practice of #is profession1 issues a
false certificate (it must refer to t#e illness or in?ury of a person); MT#e crime #ere is false medical certificate 0y a p#ysician.N

2. -u0lic officer $#o issues a false certificate of merit of ser&ice1 good conduct or
similar circumstances; MT#e crime #ere is false certificate of merit or ser&ice 0y a pu0lic officer.N

3. -ri&ate person $#o falsifies a certificate falling $it#in t#e classes mentioned in t#e
t$o preceding su0di&isions. Article 1)!. Usi * False Certi(icates !lements 1. T#e follo$ing issues a false certificate> a. -#ysician or surgeon1 in connection $it# t#e practice of #is profession1 issues a false certificate; 0. -u0lic officer issues a false certificate of merit of ser&ice1 good conduct or similar circumstances;

64 c. 2. 3. -ri&ate person falsifies a certificate falling $it#in t#e classes mentioned in t#e t$o preceding su0di&isions.

.ffender 6no$s t#at t#e certificate $as false; 5e uses t#e same. o( I str.&e ts or I&"le&e ts (or

Article 1)'. Ma .(act.ri * a $ %ossessio Falsi(icatio Acts punis#ed 1. 2.

Ma6ing or introducing into t#e -#ilippines any stamps1 dies1 mar6s1 or ot#er instruments or implements for counterfeiting or falsification; -ossession $it# intent to use t#e instruments or implements for counterfeiting or falsification made in or introduced into t#e -#ilippines 0y anot#er person.

Article 1)). Us.r"atio o( A.t,orit# or O((icial F. ctio s Acts punis#ed 1. 8surpation of aut#ority; !lements 1. 2. 2. .ffender 6no$ingly and falsely represents #imself; As an officer1 agent or representati&e of any department or agency of t#e -#ilippine go&ernment or of any foreign go&ernment.

8surpation of official functions. !lements 1. 2. 3. 4. .ffender performs any act; -ertaining to any person in aut#ority or pu0lic officer of t#e -#ilippine go&ernment or any foreign go&ernment1 or any agency t#ereof; 8nder pretense of official position; @it#out 0eing la$fully entitled to do so.

Article 1)/. Usi * Fictitio.s Na&e a $ Co ceali * Tr.e Na&e Acts punis#ed

65 1. 8sing fictitious name !lements 1. 2. 3. 2. .ffender uses a name ot#er t#an #is real name; 5e uses t#e fictitious name pu0licly; -urpose of use is to conceal a crime1 to e&ade t#e e4ecution of a ?udgment or to cause damage Mto pu0lic interest / 2eyesN.

Concealing true name !lements 1. 2. .ffender conceals #is true name and ot#er personal circumstances; -urpose is only to conceal #is identity.

Co&&o +ealt, Act No. 143 :Re*.lati * t,e Use o( Aliases> Co person s#all use any name different from t#e one $it# $#ic# #e $as registered at 0irt# in t#e office of t#e local ci&il registry1 or $it# $#ic# #e $as registered in t#e 0ureau of immigration upon entry; or suc# su0stitute name as may #a&e 0een aut#ori:ed 0y a competent court. !4ception> -seudonym solely for literary1 cinema1 tele&ision1 radio1 or ot#er entertainment and in at#letic e&ents $#ere t#e use of pseudonym is a normally accepted practice. Article 1)1. Ille*al Use o( U i(or&s or I si* ia !lements

1. .ffender ma6es use of insignia1 uniforms or dress; 2. T#e insignia1 uniforms or dress pertains to an office not #eld 0y suc# person or a
class of persons of $#ic# #e is not a mem0er; 3. <aid insignia1 uniform or dress is used pu0licly and improperly.

@earing t#e uniform of an imaginary office is not punis#a0le. <o also1 an e4act imitation of a uniform or dress is unnecessary; a colora0le resem0lance calculated to decei&e t#e common run of people is sufficient. Article 1/4. False Testi&o # a*ai st A De(e $a t

66 !lements 1. 2. 3. 4. T#ere is a criminal proceeding; .ffender testifies falsely under oat# against t#e defendant t#erein; .ffender $#o gi&es false testimony 6no$s t#at it is false. 9efendant against $#om t#e false testimony is gi&en is eit#er ac3uitted or con&icted in a final ?udgment.

T#ree forms of false testimony 1. 2. 3. +alse testimony in criminal cases under Article 1'* and 1'1; +alse testimony in ci&il case under Article 1'2; +alse testimony in ot#er cases under Article 1'3.

Article 1/1. False Testi&o # Fa0ora9le to t,e De(e $a t !lements 1. 2. 3. A person gi&es false testimony; %n fa&or of t#e defendant; %n a criminal case.

Article 1/3. False Testi&o # i Ci0il Cases !lements 1. Testimony gi&en in a ci&il case; 2. Testimony relates to t#e issues presented in said case; 3. Testimony is false; 4. .ffender 6no$s t#at testimony is false; 5. Testimony is malicious and gi&en $it# an intent to affect t#e issues presented in said case. Article 1/8. False Testi&o # i Ot,er Cases a $ %erD.r# i Sole& A((ir&atio Acts punis#ed

67

1. 2.

7y falsely testifying under oat#; 7y ma6ing a false affida&it.

!lements of per?ury 1. .ffender ma6es a statement under oat# or e4ecutes an affida&it upon a material matter; 2. T#e statement or affida&it is made 0efore a competent officer1 aut#ori:ed to recei&e and administer oat#s; 3. .ffender ma6es a $illful and deli0erate assertion of a false#ood in t#e statement or affida&it; 4. T#e s$orn statement or affida&it containing t#e falsity is re3uired 0y la$1 t#at is1 it is made for a legal purpose. Article 1/4. O((eri * False Testi&o # i E0i$e ce !lements 1. 2 3. .ffender offers in e&idence a false $itness or testimony; 5e 6no$s t#at t#e $itness or t#e testimony $as false; T#e offer is made in any ?udicial or official proceeding.

Article 1/!. Mac,i atio s i %.9lic A.ctio s Acts punis#ed 1. <oliciting any gift or promise as a consideration for refraining from ta6ing part in any pu0lic auction; !lements 1. 2. 3. 4. T#ere is a pu0lic auction; .ffender solicits any gift or a promise from any of t#e 0idders; <uc# gift or promise is t#e consideration for #is refraining from ta6ing part in t#at pu0lic auction; .ffender #as t#e intent to cause t#e reduction of t#e price of t#e t#ing auctioned.

68 2. Attempting to cause 0idders to stay a$ay from an auction 0y t#reats1 gifts1 promises or any ot#er artifice. !lements 1. 2. 3. 4. T#ere is a pu0lic auction; .ffender attempts to cause t#e 0idders to stay a$ay from t#at pu0lic auction; %t is done 0y t#reats1 gifts1 promises or any ot#er artifice; .ffender #as t#e intent to cause t#e reduction of t#e price of t#e t#ing auctioned.

Article 1/'. Mo o"olies a $ Co&9i atio s i Restrai t o( Tra$e Acts punis#ed 1. Com0ination to pre&ent free competition in t#e mar6et; !lements 1. 2. 2. !ntering into any contract or agreement or ta6ing part in any conspiracy or com0ination in t#e form of a trust or ot#er$ise; %n restraint of trade or commerce or to pre&ent 0y artificial means free competition in t#e mar6et.

Monopoly to restrain free competition in t#e mar6et; !lements 1. 7y monopoli:ing any merc#andise or o0?ect of trade or commerce1 or 0y com0ining $it# any ot#er person or persons to monopoli:e said merc#andise or o0?ect; %n order to alter t#e prices t#ereof 0y spreading false rumors or ma6ing use of any ot#er artifice; To restrain free competition in t#e mar6et

2. 3. 3.

Manufacturer1 producer1 or processor or importer com0ining1 conspiring or agreeing $it# any person to ma6e transactions pre?udicial to la$ful commerce or to increase t#e mar6et price of merc#andise. !lements 1. Manufacturer1 producer1 processor or importer of any merc#andise or o0?ect of commerce;

69

2. 3.

Com0ines1 conspires or agrees $it# any person; -urpose is to ma6e transactions pre?udicial to la$ful commerce or to increase t#e mar6et price of any merc#andise or o0?ect of commerce manufactured1 produced1 processed1 assem0led or imported into t#e -#ilippines.

Article 1/). I&"ortatio a $ Dis"ositio o( Falsel# Mar=e$ Articles or Merc,a $ise Ma$e o( Gol$@ Sil0er@ or Ot,er %recio.s Metals o( T,eir Allo#s !lements 1. 2. 3. .ffender imports1 sells or disposes articles made of gold1 sil&er1 or ot#er precious metals or t#eir alloys; T#e stamps1 0rands1 or mar6s of t#ose articles of merc#andise fail to indicate t#e actual fineness or 3uality of said metals or alloys; .ffender 6no$s t#at t#e stamps1 0rands1 or mar6s fail to indicate t#e actual fineness or 3uality of t#e metals or alloys.

Article 1//. S.9stit.ti * a $ Alteri * Tra$e&ar=s@ Tra$e a&es@ or Ser0ice Mar=s Acts punis#ed 1. <u0stituting t#e trade name or trademar6 of some ot#er manufacturer or dealer1 or a colora0le imitation t#ereof for t#e trade name or trademar6 of t#e real manufacturer or dealer upon any article of commerce and selling t#e same; <elling or offering for sale suc# articles of commerce 6no$ing t#at t#e trade name or trademar6 #as 0een fraudulently used; 8sing or su0stituting t#e ser&ice mar6 of some ot#er person1 or a colora0le imitation of suc# mar6 n t#e sale or ad&ertising of #is ser&ices; -rinting1 lit#ograp#ing or reproducing trade name1 trademar61 or ser&ice mar6 of one person or a colora0le imitation t#ereof to ena0le anot#er person to fraudulently use t#e same 6no$ing t#e fraudulent purpose for $#ic# it is to 0e used.

2. 3. 4.

Article 1/1. U (air Co&"etitio @ Fra.$.le t Re*istratio o( Tra$e Na&e@ Tra$e&ar=@ or Ser0ice Mar=@ Fra.$.le t Desi* atio o( Ori*i @ a $ False Descri"tio Acts punis#ed 1. 8nfair competition;

70

!lements 1. 2. 3. 7y selling #is goods; ;i&ing t#em t#e general appearance of t#e goods of anot#er manufacturer or dealer; T#e general appearance is s#o$n in t#e goods t#emsel&es1 or in t#e $rapping of t#eir pac6ages1 or in t#e de&ice or $ords t#erein1 or in any feature of t#eir appearance; T#ere is actual intent to decei&e t#e pu0lic or defraud a competitor.

4. 2.

+raudulent designation of origin; false description> !lements 1. 2. 7y affi4ing to #is goods or using in connection $it# #is ser&ices a false designation of origin1 or any false description or representation; and <elling suc# goods or ser&ices.

3.

+raudulent registration !lements 1. 2. 7y procuring fraudulently from t#e patent office; T#e registration of trade name1 trademar6 or ser&ice mar6

Re".9lic Act No. /318 :A Act %rescri9i * t,e I tellect.al %ro"ert# Co$e a $ Esta9lis,i * t,e I tellect.al %ro"ert# O((ice@ %ro0i$i * (or Its %o+er a $ F. ctio s@ a $ (or Ot,er %.r"oses> Sectio 1)4. Penalties. / %ndependent of t#e ci&il and administrati&e sanctions imposed 0y la$1 a criminal penalty of imprisonment from t$o (2) years to fi&e (5) years and a fine ranging from +ifty t#ousand pesos (- 5*1***.**) to T$o #undred t#ousand pesos (- 2**1***.**)1 s#all 0e imposed on any person $#o is found guilty of committing any of t#e acts mentioned in <ection 1551 <ection 1 ' and <u0section 1 ).1. Sectio 1!!. Remedies< &nfringement. / Any person $#o s#all1 $it#out t#e consent of t#e o$ner of t#e registered mar6> 155.1. 8se in commerce any reproduction1 counterfeit1 copy1 or colora0le imitation of a registered mar6 or t#e same container or a dominant feature t#ereof in connection $it# t#e sale1 offering for sale1 distri0ution1 ad&ertising of any goods or ser&ices including ot#er preparatory steps necessary to carry out t#e sale of any goods or ser&ices on or in connection $it# $#ic# suc# use is li6ely to course confusion1 or to cause mista6e1 or to decei&e; or

71

155.2. 2eproduce1 counterfeit1 copy or colora0ly imitate a registered mar6 or a dominant feature t#ereof and apply suc# reproduction1 counterfeit1 copy or colora0le imitation to la0els1 signs1 prints1 pac6ages1 $rappers1 receptacles or ad&ertisement intended to 0e used in commerce upon or in connection $it# t#e sale1 offering for sale1 distri0ution1 or ad&ertising of goods or ser&ices on or in connection $it# $#ic# suc# use is li6ely to cause confusion1 or to cause mista6e1 or to decei&e s#all 0e lia0le in a ci&il action for infringement 0y t#e registrant for t#e remedies #ereinafter set fort#> Provided, t#at t#e infringement ta6es place at t#e moment any of t#e acts stated in <u0section 155.1 or t#is su0section are committed regardless of $#et#er t#ere is actual sale of goods or ser&ices using t#e infringing material. Sectio 1'/. =nfair Competition, Rights, Regulation and Remedies. 1 '.1. Any person $#o #as identified in t#e mind of t#e pu0lic t#e goods #e manufactures or deals in1 #is 0usiness or ser&ices from t#ose of ot#ers1 $#et#er or not a registered mar6 is employed1 #as a property rig#t in t#e good$ill of t#e said goods1 0usiness or ser&ice so identified1 $#ic# $ill 0e protected in t#e same manner as ot#er property rig#ts. 1 '.2. Any person $#o s#all employ deception or any ot#er means contrary to good fait# 0y $#ic# #e s#all pass off t#e goods manufactured 0y #im or in $#ic# #e deals1 or #is 0usiness1 or ser&ices for t#ose of t#e one #a&ing esta0lis#ed suc# good$ill1 or $#o s#all commit any acts calculated to produce said result1 s#all 0e guilty of unfair competition1 and s#all 0e su0?ect to an action t#erefor. 1 '.3. %n particular1 and $it#out in any $ay limiting t#e scope of protection against unfair competition1 t#e follo$ing s#all 0e deemed guilty of unfair competition> (a) Any person1 $#o is selling #is goods and gi&es t#em t#e general appearance of goods of anot#er manufacturer or dealer1 eit#er as to t#e goods t#emsel&es or in t#e $rapping of t#e pac6ages in $#ic# t#ey are contained1 or t#e de&ices or $ords t#ereon1 on in any ot#er feature or t#eir appearance1 $#ic# $ould 0e li6ely to influence purc#asers to 0elie&e t#at t#e goods offered are t#ose of a manufacturer or dealer1 ot#er t#an t#e actual manufacturer or dealer1 or $#o ot#er$ise clot#es t#e goods $it# suc# appearance as s#all decei&e t#e pu0lic and defraud anot#er of #is legitimate trade1 or any su0se3uent &endor of suc# goods or any agent of any &endor engaged in selling suc# goods $it# a li6e purpose; or (0) Any person $#o 0y any artifice1 or de&ice1 or $#o employs any ot#er means calculated to induce t#e false 0elief t#at suc# person is offering t#e ser&ices of anot#er $#o a#s identified suc# ser&ices in t#e mind of t#e pu0lic; or (c) Any person $#o s#all ma6e any false statement in t#e course of trade or $#o s#all commit any ot#er act contrary to good fait# of a nature calculated to discredit t#e goods1 0usiness or ser&ices of anot#er. 1 '.4. T#e remedies pro&ided 0y <ection 15 1 15" and 1 1 s#all apply mutatis mutandis. Sectio 1'1. 2alse @esignation or >rigin< 2alse @escription or Representation.

72

1 ).1. Any person $#o1 on or in connection $it# any goods or ser&ices1 or any container for goods1 uses in commerce any $ord1 term1 name1 sym0ol1 or de&ice1 or any com0ination t#ereof1 or any false designation of origin1 false or misleading description of fact1 or false or misleading representation of fact1 $#ic#> (a) %s li6ely to cause confusion1 or to cause mista6e1 or to decei&e as to t#e affiliation1 connection1 or association of suc# person $it# anot#er person1 or as to t#e origin1 sponsors#ip1 or appro&al of #is or #er goods1 ser&ices1 or commercial acti&ities 0y anot#er person; or (0) %n commercial ad&ertising or promotion1 misrepresents t#e nature1 c#aracteristics1 3ualities1 or geograp#ic origin of #is or #er or anot#er person,s goods1 ser&ices or commercial acti&ities1 s#all 0e lia0le to a ci&il action for damages and in?unction pro&ided in <ection 15 and 15" of t#is Act 0y any person $#o 0elie&es t#at #e or s#e is or li6ely to 0e damaged 0y suc# act. TITLE 2. CRIMES RELATI2E TO O%IUM AND OTHER %ROHIAITED DRUGS Articles 1)*1 1)11 1)21 1)3 and1)4 of t#e 2e&ised -enal Code #a&e 0een repealed 0y Re".9lic Act No. '43! :T,e Da *ero.s Dr.*s Act o( 11)3>@ as amended 0y -residential 9ecree Co. 1 '3 and furt#er amended 0y 2epu0lic Act Co. " 5). Acts punis#ed 0y t#e 2epu0lic Act Co. 425

1. %mportation of pro#i0ited drugs; 2. <ale1 administration1 deli&ery1 distri0ution and transportation of pro#i0ited drugs; 3. Maintenance of a den1 di&e or resort for pro#i0ited drug users; 4. 7eing employees and &isitors of pro#i0ited drug den; 5. Manufacture of pro#i0ited drugs; . -ossession or use of pro#i0ited drugs; ". Culti&ation of plants $#ic# are sources of pro#i0ited drugs; '. +ailure to comply $it# t#e pro&isions of t#e Act relati&e to t#e 6eeping of records of
prescriptions1 sales1 purc#ases1 ac3uisitions andOor deli&eries of pro#i0ited drugs;

). 8nla$ful prescription of pro#i0ited drugs; 1*. 11.

8nnecessary prescription of pro#i0ited drugs; -ossession of opium pipe and ot#er parap#ernalia for pro#i0ited drugs;

73

12.

8naut#ori:ed importation1 manufacture1 sale administration1 dispensation1 deli&ery1 transportation1 distri0ution1 possession or use of regulated drugs1 failure to comply $it# t#e pro&isions of t#e Act relati&e to t#e 6eeping of records of prescriptions1 sales1 purc#ases1 ac3uisitions andOor deli&eries1 unla$ful prescription1 unnecessary prescription of regulated drugs1 and maintenance of a den1 di&e or resort for regulated drug users.

TITLE 2I. CRIMES AGAINST %UALIC MORALS Crimes against pu0lic morals

1. ;am0ling (Art. 1)5); 2. %mportation1 sale and possession of lottery tic6ets or ad&ertisements (Art. 1) ); 3. 7etting in sport contests (Art. 1)"); 4. %llegal 0etting on #orse races (Art. 1)'); 5. %llegal coc6fig#ting (Art. 1))); . ;ra&e scandal (Art. 2**); ". %mmoral doctrines1 o0scene pu0lications and e4#i0itions (Art. 2*1); and '. (agrancy and prostitution (Art. 2*2).
Article 11!. W,at Acts Are %. is,a9le i Ga&9li * Acts punis#ed 1. Ta6ing part directly or indirectly in / a. any game of monte1 ?ueteng1 or any ot#er form of lottery1 policy1 0an6ing1 or percentage game1 dog races1 or any ot#er game or sc#eme t#e results of $#ic# depend $#olly or c#iefly upon c#ance or #a:ard; or $#erein $agers consisting of money1 articles of &alue1 or representati&e of &alue are made; or t#e e4ploitation or use of any ot#er mec#anical in&ention or contri&ance to determine 0y c#ance t#e loser or $inner of money or any o0?ect or representati&e of &alue;

0.

2.

Jno$ingly permitting any form of gam0ling to 0e carried on in any place o$ned or controlled 0y t#e offender;

74 3. 4. 7eing maintainer1 conductor1 or 0an6er in a game of ?ueteng or similar game; Jno$ingly and $it#out la$ful purpose possessing lottery list1 paper1 or ot#er matter containing letters1 figures1 signs or sym0ol $#ic# pertain to or are in any manner used in t#e game of ?ueteng or any similar game. Sale a $ %ossessio o( Lotter# Tic=ets or

Article 11'. I&"ortatio @ A$0ertise&e ts Acts punis#ed

1. %mporting into t#e -#ilippines from any foreign place or port any lottery tic6et or
ad&ertisement; or

2. <elling or distri0uting t#e same in conni&ance $it# t#e importer; 3. -ossessing1 6no$ingly and $it# intent to use t#em1 lottery tic6ets or ad&ertisements;
or

4. <elling or distri0uting t#e same $it#out conni&ance $it# t#e importer of t#e same.
Cote t#at possession of any lottery tic6et or ad&ertisement is prima facie e&idence of an intent to sell1 distri0ute or use t#e same in t#e -#ilippines. Article 11). Aetti * i S"ort Co tests T#is article #as 0een repealed 0y %resi$e tial Decree No. 4/8 :Aetti *@ Ga&e;(i?i * or %oi t;s,a0i * a $ Mac,i atio s i S"ort Co tests>E Sectio 3. :etting, game fixing, point shaving or game machination unlawful. / ;ameBfi4ing1 pointBs#a&ing1 game mac#ination1 as defined in t#e preceding section1 in connection $it# t#e games of 0as6et0all1 &olley0all1 soft0all1 0ase0all; c#ess1 0o4ing 0outs1 ?aiBalia1 sipa1 pelota and all ot#er sports contests1 games or races; as $ell as 0etting t#erein e4cept as may 0e aut#ori:ed 0y la$1 is #ere0y declared unla$ful. Article 11/. Ille*al Aetti * o Horse Race Acts punis#ed

1. 7etting on #orse races during periods not allo$ed 0y la$; 2. Maintaining or employing a totali:er or ot#er de&ice or sc#eme for 0etting on races or
reali:ing profit t#erefrom during t#e periods not allo$ed 0y la$. @#en #orse races not allo$ed

75

1. Fuly 4 (2epu0lic Act Co. 13"); 2. 9ecem0er 3* (2epu0lic Act Co. 22)); 3. Any registration or &oting days (2epu0lic Act Co. 1'*1 2e&ised !lection Code); and 4. 5oly T#ursday and ;ood +riday (2epu0lic Act Co. )4 ).
Article 111. Ille*al Coc=(i*,ti * T#is article #as 0een modified or repealed 0y %resi$e tial Decree No. 441 :T,e Coc=(i*,ti * La+ o( 11)4>E .nly allo$s one coc6pit per municipality1 unless t#e population e4ceeds 1**1*** in $#ic# case t$o coc6pits may 0e esta0lis#ed; Coc6fig#ts can only 0e #eld in licensed coc6pits on <undays and legal #olidays and local fiestas for not more t#an t#ree days; Also allo$ed during pro&incial1 municipal1 city1 industrial1 agricultural fairs1 carni&als1 or e4position not more t#an t#ree days; Coc6fig#ting not allo$ed on 9ecem0er 3*1 Fune 121 Co&em0er 3*1 5oly T#ursday1 ;ood +riday1 !lection or 2eferendum 9ay1 and registration days for referendums and elections; .nly municipal and city mayors are allo$ed to issue licenses for suc#.

%resi$e tial Decree No. 1'43 :Si&"li(#i * a $ %ro0i$i * Sti((er %e alties (or 2iolatio s o( %,ili""i e Ga&9li * La+s> Sectio 1. 7iolations and Penalties. T#e penalty of prision mayor in its medium degree or a fine ranging from +i&e 5undred -esos to T$o T#ousand -esos and in case of recidi&ism t#e penalty of prision correccional in its medium degree or a fine of ranging from .ne T#ousand -esos to <i4 T#ousand -esos s#all 0e imposed upon> (a) Any person ot#er t#an t#ose referred to in t#e succeeding su0section $#o in any manner1 s#all directly or indirectly ta6e part in any game of coc6fig#ting1 ?ueteng1 0oo6ies (?aiB alai or #orse racing to include game fi4ing) and ot#er lotteries1 cara y cru: or pompiang and t#e li6e1 0lac6 ?ac61 luc6y nine1 HpusoyI or 2ussian -o6er1 monte1 0accarat and ot#er card games1 pal6 3ue1 domino1 ma#?ong1 #ig# and lo$1 slot mac#ines1 roulette1 pin0all and ot#er mec#anical in&entories or de&ices1 dog racing1 0oat racing1 car raising and ot#er races1 0as6et0all1 &olley0all1 0o4ing1 se&enBele&en dice games and t#e li6e and ot#er contests to include game fi4ing1 point s#a&ing and ot#er mac#inations 0an6ing or percentage game1 or any ot#er game or sc#eme1 $#et#er upon c#ance or s6ill1 $#ic# do not #a&e a franc#ise from t#e national go&ernment1 $#erein $agers consisting of money1 articles of &alue of representati&e of &alue are made;

76

(0) Any person $#o s#all 6no$ingly permit any form of gam0ling referred to in t#e preceding su0di&ision to 0e carried on in in#a0ited or unin#a0ited places or any 0uilding1 &essel or ot#er means of transportation o$ned or controlled 0y #im. %f t#e place $#ere gam0ling is carried on #as a reputation of a gam0ling place or t#at pro#i0ited gam0ling is fre3uently carried on t#erein or t#e place is a pu0lic or go&ernment 0uilding or 0arangay #all1 t#e culprit s#all 0e punis#ed 0y t#e penalty pro&ided for in its ma4imum period and a fine of <i4 T#ousand -esos. T#e penalty of prision correccional in its ma4imum degree and a fine of <i4 T#ousand -esos s#all 0e imposed upon t#e maintainer1 conductor of t#e a0o&e gam0ling sc#emes. T#e penalty of prision mayor in its medium degree and temporary a0solute dis3ualification and a fine of <i4 T#ousand -esos s#all 0e imposed if t#e maintainer1 conductor or 0an6er is a go&ernment official1 or if a player1 promoter1 referee1 umpire1 ?udge or coac# in cases of gameBfi4ing1 pointBs#a&ing and ot#er game mac#ination. T#e penalty of prision correccional in its medium degree and a fine ranging from +i&e 5undred pesos to T$o T#ousand -esos s#all 0e imposed upon any person $#o s#all 6no$ingly and $it#out la$ful purpose in any #our of any day s#all #a&e in #is possession any lottery list1 paper1 or ot#er matter containing letter1 figures1 signs or sym0ols $#ic# pertain to or in any manner used in t#e game of ?ueteng1 ?aiBalai or #orse racing 0oo6ies and similar game or lottery $#ic# #as ta6en place or a0out to ta6e place. Sectio 3. :arangay >fficial. + Any 0arangay official in $#ose ?urisdiction suc# gam0ling #ouse is found and $#ic# #ouse #as t#e reputation of a gam0ling place s#all suffer t#e penalty of prision correccional in its medium period and a fine ranging from +i&e 5undred to T$o T#ousand -esos and temporary a0solute dis3ualifications. .hile the acts under the Revised Penal Code are still punished under the new law, yet the concept of gambling under it has been changed by the new gambling law. :efore, the Revised Penal Code considered the s4ill of the player in classifying whether a game is gambling or not. :ut under the new gambling law, the s4ill of the players is immaterial. !ny game is considered gambling where there are bets or wagers placed with the hope to win a pri3e therefrom. =nder this law, even sports contents li4e boxing, would be gambling insofar as those who are betting therein are concerned. =nder the old penal code, if the s4ill of the player outweighs the chance or ha3ard involved in winning the game, the game is not considered gambling but a sport. &t was because of this that betting in boxing and bas4etball games proliferated. E=nless authori3ed by a franchise, any form of gambling is illegal.F 5o said the court in the recent resolution of the case against the operation of jai alai.

77 There are so called parlor games which have been exempted from the operation of the decree li4e when the games are played during a wa4e to 4eep the mourners awa4e at night. Pursuant to a memorandum circular issued by the )xecutive :ranch, the offshoot of the exemption is the intentional prolonging of the wa4e of the dead by gambling lords. !s a general rule, betting or wagering determines whether a game is gambling or not. )xceptions' These are games which are expressly prohibited even without bets. 0onte, jueteng or any form of lottery< dog races< slot machines< these are habit forming and addictive to players, bringing about the pernicious effects to the family and economic life of the players. 0ere possession of lottery tic4ets or lottery lists is a crime punished also as part of gambling. However, it is necessary to ma4e a distinction whether a tic4et or list refers to a past date or to a future date. &llustration' C was accused one night and found in his possession was a list of jueteng. &f the date therein refers to the past, C cannot be convicted of gambling or illegal possession of lottery list without proving that such game was indeed played on the date stated. 0ere possession is not enough. &f the date refers to the future, C can be convicted by the mere possession with intent to use. This will already bring about criminal liability and there is no need to prove that the game was played on the date stated. &f the possessor was caught, chances are he will not go on with it anymore. There are two criteria as to when the lottery is in fact becomes a gambling game' (. &f the public is made to pay not only for the merchandise that he is buying, but also for the chance to win a pri3e out of the lottery, lottery becomes a gambling game. Public is made to pay a higher price. &f the merchandise is not saleable because of its inferior 9uality, so that the public actually does not buy them, but with the lottery the public starts patroni3ing such merchandise. &n effect, the public is paying for the lottery and not for the merchandise, and therefore the lottery is a gambling game. Public is not made to pay a higher price.

".

&llustrations' (1) ! certain supermar4et wanted to increase its sales and sponsored a lottery where valuable prices are offered at sta4e. To defray the cost of the prices offered in the lottery, the management increased their prices of the merchandise by (; cents each. .henever someone buys from that supermar4et, he pays (; cents more for each merchandise and for his purchase, he gets a coupon which is to be dropped at designated drop boxes to be raffled on a certain period. The increase of the price is to answer for the cost of the valuable prices that will be covered at sta4e. The increase in the price is the consideration for the chance to win in the lottery and that ma4es the lottery a gambling game.

78 :ut if the increase in prices of the articles or commodities was not general, but only on certain items and the increase in prices is not the same, the fact that a lottery is sponsored does not appear to be tied up with the increase in prices, therefore not illegal. !lso, in case of manufacturers, you have to determine whether the increase in the price was due to the lottery or brought about by the normal price increase. &f the increase in price is brought about by the normal price increase Heconomic factorI that even without the lottery the price would be li4e that, there is no consideration in favor of the lottery and the lottery would not amount to a gambling game. &f the increase in the price is due particularly to the lottery, then the lottery is a gambling game. !nd the sponsors thereof may be prosecuted for illegal gambling under Presidential @ecree ,o. (-;". #"% The merchandise is not really saleable because of its inferior 9uality. ! certain manufacturer, :hey Company, manufacture cigarettes which is not saleable because the same is irritating to the throat, sponsored a lottery and a coupon is inserted in every pac4 of cigarette so that one who buys it shall have a chance to participate. @ue to the coupons, the public started buying the cigarette. !lthough there was no price increase in the cigarettes, the lottery can be considered a gambling game because the buyers were really after the coupons not the low 9uality cigarettes. &f without the lottery or raffle, the public does not patroni3e the product and starts to patroni3e them only after the lottery or raffle, in effect the public is paying for the price not the product. =nder this decree, a barangay captain who is responsible for the existence of gambling dens in their own locality will be held liable and dis9ualified from office if he fails to prosecute these gamblers. :ut this is not being implemented. /ambling, of course, is legal when authori3ed by law. 2und raising campaigns are not gambling. They are for charitable purposes but they have to obtain a permit from @epartment of 5ocial .elfare and @evelopment. This includes concerts for causes, Christmas caroling, and the li4e. Article 344. Gra0e Sca $al !lements

1. .ffender performs an act or acts; 2. <uc# act or acts 0e #ig#ly scandalous as offending against decency or good
customs;

79

3. T#e #ig#ly scandalous conduct is not e4pressly falling $it#in any ot#er article of t#is
Code; and

4. T#e act or acts complained of 0e committed in a pu0lic place or $it#in t#e pu0lic
6no$ledge or &ie$. &n grave scandal, the scandal involved refers to moral scandal offensive to decency, although it does not disturb public peace. :ut such conduct or act must be open to the public view. &n alarms and scandals, the scandal involved refers to disturbances of the public tran9uility and not to acts offensive to decency. !ny act which is notoriously offensive to decency may bring about criminal liability for the crime of grave scandal provided such act does not constitute some other crime under the Revised Penal Code. /rave scandal is a crime of last resort. @istinction should be made as to the place where the offensive act was committed, whether in the public place or in a private place' #(% #"% &n public place, the criminal liability arises irrespective of whether the immoral act is open to the public view. &n short public view is not re9uired. .hen act offensive to decency is done in a private place, public view or public 4nowledge is re9uired.

Public view does not re9uire numerous persons. )ven if there was only one person who witnessed the offensive act for as long as the third person was not an intruder, grave scandal is committed provided the act does not fall under any other crime in the Revised Penal Code. &llustrations' #(% ! man and a woman enters a movie house which is a public place and then goes to the dar4est part of the balcony and while there the man started performing acts of lasciviousness on the woman. &f it is against the will of the woman, the crime would be acts of lasciviousness. :ut if there is mutuality, this constitutes grave scandal. Public view is not necessary so long as it is performed in a public place. #"% ! man and a woman went to Auneta and slept there. They covered themselves their blan4et and made the grass their conjugal bed. This is grave scandal. #6% &n a certain apartment, a lady tenant had the habit of undressing in her room without shutting the blinds. 5he does this every night at about eight in the evening. 5o that at this hour of the night, you can expect people outside

80 gathered in front of her window loo4ing at her silhouette. 5he was charged of grave scandal. Her defense was that she was doing it in her own house. &t is no defense that she is doing it in her private home. &t is still open to the public view. #*% &n a particular building in 0a4ati which stands right next to the house of a young lady who goes sunbathing in her poolside. )very morning several men in the upper floors would stic4 their heads out to get a full view of said lady while in her two piece swimsuit. The lady was then charged with grave scandal. Her defense was that it is her own private pool and it is those men loo4ing down at her who are malicious. This is an act which even though done in a private place is nonetheless open to public view. Article 341. I&&oral Doctri es@ O9sce e %.9licatio s a $ E?,i9itio s a $ I $ece t S,o+s Acts punis#ed 1. 2. T#ose $#o s#all pu0licly e4pound or proclaim doctrines openly contrary to pu0lic morals; a. T#e aut#ors of o0scene literature1 pu0lis#ed $it# t#eir 6no$ledge in any form1 t#e editors pu0lis#ing suc# literature; and t#e o$nersOoperators of t#e esta0lis#ment selling t#e same; b. Those who, in theaters, fairs, cinematographs, or any other p ace, e!hibit in"ecent or immora p ays, scenes, acts, or shows, it being #n"erstoo" that the obscene iterat#re or in"ecent or immora p ays, scenes, acts or shows, whether i$e or in fi m, which are proscribe" by $irt#e hereof, sha inc #"e those which% &1' g orify crimina s or con"one crimes( &2' ser$e no other p#rpose b#t to satisfy the mar)et for $io ence, #st or pornography( &3' offen" any race, or re igion( &4' ten" to abet traffic in an" #se of prohibite" "r#gs( an" &5' are contrary to la$1 pu0lic order1 morals1 good customs1 esta0lis#ed policies1 la$ful orders1 decrees and edicts; and 3. T#ose $#o s#all sell1 gi&e a$ay1 or e4#i0it films1 prints1 engra&ings1 sculptures1 or literature $#ic# are offensi&e to morals.

Article 343. 2a*ra ts a $ %rostit.tesC %e alt# (agrants

1. Any person #a&ing no apparent means of su0sistence1 $#o #as t#e p#ysical a0ility to
$or6 and $#o neglects to apply #imself or #erself to some la$ful calling;

81

2. Any person found loitering a0out pu0lic or semiBpu0lic 0uildings or places or

trampling or $andering a0out t#e country or t#e streets $it#out &isi0le means of support;

3. Any idle or dissolute person $#o ledges in #ouses of ill fame; 4. 2uffians or pimps and t#ose $#o #a0itually associate $it# prostitutes; 5. Any person $#o1 not 0eing included in t#e pro&isions of ot#er articles of t#is Code1
s#all 0e found loitering in any in#a0ited or unin#a0ited place 0elonging to anot#er $it#out any la$ful or ?ustifia0le purpose; . -rostitutes1 $#o are $omen $#o1 for money or profit1 #a0itually indulge in se4ual intercourse or lasci&ious conduct.

Prostitutes are women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes. Test of >bscenity' .hether or not the material charged as obscene has the tendency to deprave and corrupt the minds of those open to the influence thereof, or into whose hands such material may come to #Lottinger Rule%. The test is objective. &t is more on the effect upon the viewer and not alone on the conduct of the performer. &f the material has the tendency to deprave and corrupt the mind of the viewer then the same is obscene and where such obscenity is made publicly, criminal liability arises. :ecause there is a government body which deliberates whether a certain exhibition, movies and plays is pornographic or not, if such body approves the wor4 the same should not be charged under this title. :ecause of this, the test of obscenity may be obsolete already. &f allowed by the 0ovies and Television Review and Classification :oard #0TRC:%, the 9uestion is moot and academic. The law is not concerned with the moral of one person. !s long as the pornographic matter or exhibition is made privately, there is no crime committed under the Revised Penal Code because what is protected is the morality of the public in general. Third party is there. Performance of one to another is not. &llustration' ! sexy dancing performed for a 8; year old is not obscene anymore even if the dancer strips na4ed. :ut if performed for a ($ year old 4id, then it will corrupt the 4idDs mind. #!pply Lottinger Rule here.% &n some instances though, the 5upreme Court did not stic4 to this test. considered the intention of the performer. &t also

82 &n Peo!le v. A!arici, the accused was a performer in the defunct Pacific Theatre, a movie house which opens only at midnight. 5he was arrested because she was dancing in a Edifferent 4ind of way.F 5he was not really nude. 5he was wearing some sort of an abbreviated bi4ini with a flimsy cloth over it. However, on her waist hung a string with a ball reaching down to her private part so that every time she gyrates, it arouses the audience when the ball would actually touch her private part. The defense set up by !parici was that she should not be criminally liable for as a matter of fact, she is better dressed than the other dancers. The 5upreme Court ruled that it is not only the display of the body that gives it a depraved meaning but rather the movement of the body coupled with the Etom tom drumsF as bac4ground. ,udity alone is not the real scale. #Reaction Test% &llustration' ! sidewal4 vendor was arrested and prosecuted for violation of !rticle ";(. &t appears that the fellow was selling a ballpen where one who buys the ballpen can peep into the top of the pen and see a girl dancing in it. He put up the defense that he is not the manufacturer and that he was merely selling it to earn a living. The fact of selling the ballpen was being done at the expense of public morals. >ne does not have to be the manufacturer to be criminally liable. This holds true for those printing or selling Playboy 0aga3ines. The common concept of a vagrant is a person who loiters n public places without any visible means of livelihood and without any lawful purpose. .hile this may be the most common form of vagrancy, yet even millionaires or one who has more that enough for his livelihood can commit vagrancy by habitually associating with prostitutes, pimps, ruffians, or by habitually lodging in houses of ill repute. 7agrancy is not only a crime of the privileged or the poor. The law punishes the act involved here as a stepping stone to the commission of other crimes. .ithout this article, law enforcers would have no way of chec4ing a person loitering in the wrong place in the wrong time. The purpose of the law is not simply to punish a person because he has no means of livelihood< it is to prevent further criminality. =se this when someone loiters in front of your house every night. !ny person found wandering in an estate belonging to another whether public or private without any lawful purpose also commits vagrancy, unless his acts constitutes some other crime in the Revised Penal Code.

6.estio 7 A s+er %f a person is found $andering in an estate 0elonging to anot#er1 $#et#er pu0lic or pri&ate1 $it#out any la$ful purpose1 $#at ot#er crimes may 0e committed= .hen a person is apprehended loitering inside an estate belonging to another, the following crimes may be committed'

83 #(% Trespass to property under !rticle "1( if the estate is fenced and there is a clear prohibition against entering, but the offender entered without the consent of the owner or overseer thereof. .hat is referred to here is estate, not dwelling. !ttempted theft under !rticle 6;1, paragraph 6, if the estate is fenced and the offender entered the same to hunt therein or fish from any waters therein or to gather any farm products therein without the consent of the owner or overseer thereof< 7agrancy under !rticle ";" if the estate is not fenced or there is no clear prohibition against entering.

#"%

#6%

Prostitution and vagrancy are both punished by the same article, but prostitution can only be committed by a woman. The term prostitution is applicable to a woman who for profit or money habitually engages in sexual or lascivious conduct. ! man if he engages in the same conduct + sex for money + is not a prostitute, but a vagrant. &n law the mere indulging in lascivious conduct habitually because of money or gain would amount to prostitution, even if there is no sexual intercourse. 7irginity is not a defense. Habituality is the controlling factor< is has to be more than one time. There cannot be prostitution by conspiracy. >ne who conspires with a woman in the prostitution business li4e pimps, taxi drivers or solicitors of clients are guilty of the crime under !rticle 6*( for white slavery.