Professional Documents
Culture Documents
ART226.Removal, concealment or destruction of docs Illegal Assembly (146) Illegal Association (147)
ART227.Officer breaking seal Actual meeting or assembly Actual meeting is NOT
ART228.Opening of closed docs is necessary; necessary;
ART229.Revelation of secrets by an officer Meeting and attendance at The act of forming or
ART230.P.O. revealing secrets of private ind. such meeting are punished; organizing and membership
in the association that are
ART231.Open disobedience punished;
ART232.Disobedience to order of superior officer LIABLE: Organizers, leaders, LIABLE: Founders, directors,
ART233.Refusal of assistance persons present at the president, and members
ART234.Refusal to discharge elective office meeting
ART235.Maltreatment of prisoners
Recidivism Quasi-Recidivism
ART236.Anticipation of duties of a P.O. Generic aggravating Special aggravating
ART237.Prolonging of performance of duties & powers circumstance circumstance
ART238.Abandonment of office or position May be offset by a mitigating Cannot be offset by a
circumstance mitigating circumstance
ART239.Usurpation of legislative powers 2 offenses embraced in the 1st offense may be other
ART240.Usurpation of executive powers same title/code violation; 2nd offense should
ART241.Usurpation of judicial powers be a felony
Committed after serving the Committed before beginning
ART242.Disobeying request for disqualification sentence to serve or while serving the
ART243.Orders or request by exec ofc to judicial auth. sentence
ART244.Unlawful appointment
ART245.Abuses against chastity Direct assault (148) Indirect assault (149)
Person in authority or his Person comes to the aid of
agent must be engaged in the such authority or his agent
ART 131 (PID of meetings) ART 132 (PID of rel. worship) performance of official duties who is the victim of d.assault
Public place No specific place of worship
Public meeting Disturbance of religious Forgery (166) Falsification (170)
worship Committed by giving a Committed by erasing,
Offender: public officer Offender: public officer treasury or bank note or any substituting, counterfeiting, or
payable instrument to appear altering any detail of a
ART 131 (PID of meetings) ART 153 (public disturbance) true and genuine document
The PO is not a participant The PO is a participant
Offender: public officer Offender: may be PO/Priv.Ind. Falsification of public docs Falsification of private docs
Mere falsification is enough Aside from falsification,
ART 131-132 ART 143-144 prejudice to a third person is
Meeting held by private Meeting held by public officers essential
individuals Can be complexed with other No complex crime of estafa
crimes if the act was the through falsification of docs
Crimes against popular representation means to commit crimes
ART 143 ART 144 ART 145
Prevents the Disturbs the Prevents members False testimony (180-182) Perjury (183)
meeting meeting to attend meeting Given in the course of a Not given in judicial
judicial proceeding proceeding
Evasion of service of sentence Contemplates actual trial There is perjury even during
ART 157 ART 158 ART 159 where judgment of conviction the preliminary investigation
Convict Convict Convict or acquittal is rendered
Simply escapes There is disorder Violates pardon
Alarms & Grave scandal Acts of
TREASON ESPIONAGE REBELLION SEDITION scandals (155) (200) Lasciviousness
(114) (117) (134) (139) Act is mutually Committed against
Violation by a the Purpose is to Raising or consented the will of a woman
subject of his gathering, substitute the commotions Scandal refers to Scandal refers to
allegiance to transmitting, government or disturbances of the morals, offensive
his country information with rebels’ disturbance public tranquility to the public,
with intent to own in a state
use it injury government Vagrancy (202) Prostitution (202)
his country Can be committed by either Can only be committed by a
Committed in With or Conflict Conflict man or woman woman
times of war without war internal internal Man-whore = vagrant Whore = prostitute
Crime against Crime against Crime against Crime against
national national public public Direct bribery Indirect bribery Qualified bribery
security security disorder disorder (210) (211) (211-A)
CRIMLAW 2 Prelims reviewer | © J. Tarroza UST | 2 | P a g e
PO is called upon PO simply accepts PO is in law Forgery – committed by giving to a treasury or bank note or
to perform/refrain a gift given to enforcement, who any instrument payable to bearer or to order the appearance of
from performing him by reason of REFRAINS from a true and genuine document; to make false instrument
an official act in his position; not arresting/prosecuting intended to be passed for a genuine one.
exchange of gifts required to act an offender
Falsification – committed by erasing, substituting,
Malversation (217) Technical malversation(220) counterfeiting or altering by any means the figures, letters,
OFFENDERS: accountable public officers words, or signs contained therein. Can only be committed in
Generally, the offender Offender derives no personal respect of documents.
derives personal benefit gain or profit
Conversion is for the personal Public fund or property is Mutilation – means diminishing or taking off by ingenuous
interest of the offender or of diverted to another public use means part of the metal in the coin either by filing or
another person other than that intended. substituting it for another metal of inferior quality.
Espionage – the gathering, transmitting, or losing information Private document – every deed or instrument executed by a
respecting the national defense with intent to use such private person without the intervention of the notary public.
information to injury the country for the advantage of another
nation Commercial document – any instrument executed in
accordance with the Code of Commerce or any mercantile law
Piracy – robbery or forcible depredation on the high seas containing disposition of commercial rights.
without lawful authority and done with intent to steal.
Classes of falsification:
Mutiny – usually committed by the other members of the 1. Falsification of legislative documents
complement and may be committed by the passengers of the 2. Falsification of any document by a public officer
vessel. It is the unlawful resistance to a superior officer or the 3. Falsification of any document by a private individual
raising of commotions and disturbances on board a ship against 4. Falsification of wireless, telegraph and telephone msgs
the authority of its commander.
Oath – any form of attestation by which a person signifies that
he is bound in conscience to perform an act truthfully.
Arbitrary detention – the deprivation by a public officer of the
liberty of a person without any legal ground.
False testimony – a declaration under oath or a witness in a
judicial proceeding which is contrary to what is true
Rebellion – its object is completely to overthrow and
supersede the existing government.
Perjury – the willful and corrupt assertion of falsehood under
oath or affirmation administered by authority of law on a
Insurrection – a movement which seeks merely to effect
material matter
some change of minor importance, or to prevent the exercise of
governmental authority with respect to a particular matter or
Material matter – means the main fact which is the subject of
subject.
inquiry.
Person in authority – one directly vested with jurisdiction,
Vagrants – those who loiter around public or private places
that is, the power and authority to govern and execute the
without any visible means of support but who are physically
laws.
able to work
Tumultuous – if caused by more than three persons who are
Malfeasance – when a public officer performs in his public
armed or provided with the means of violence.
office an act prohibited by law.
Charivari – mock serenade of discordant noises made by cans,
Misfeasance – when a public officer performs official acts in
pans, etc, designed to annoy and assault.
the manner not in accordance with what the law prescribes.
Unjust vexation – if the noise is directed to a particular
Nonfeasance – when a public officer willfully refrains or
person.
refuses to perform an official duty which his office required him
to.
Quasi-recidivism – a special aggravating circumstance where
a person, after having been convicted by final judgment, shall
Prevaricacion – any dereliction of duty whereby the public
commit a new felony before beginning to serve such sentence.
officer involved violates his oath of office.
Conditional pardon – a contact between the chief executive,
Dereliction of duty – neglect of duty, pertains to prosecuting
who grants the pardon, and the convict, accepts it.
officers