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CRIMES AGAINST NATIONAL SECURITY

CRIMES AGAINST PUBLIC INTEREST


ART114.TREASON
ART115.Conspiracy and proposal to commit treason ART161.COUNTERFEITING
ART162.Using forged signatures
ART116.Misprision of treason ART163.Making, importing and uttering FALSE COINS
ART117.ESPIONAGE
ART164.MUTILATION OF COINS
ART165.Selling of false or mutilated coin
ART118.Inciting to war or giving motives for reprisal
ART119.Violation of neutrality
ART166.FORGING TREASURY or bank notes
ART120.Correspondence with hostile country
ART167.C.I.U. instruments no payable to bearer
ART121.Flight to enemy’s country
ART168.Illegal possession & use of false treasury notes
ART169.How FORGERY is committed
ART122.PIRACY and MUTINY
ART123.Qualified piracy
ART170.FALSIFICATION of legislative documents
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE ART171.Falsification by public officer/employee/notary
ART172.Falsification by private ind & use of docs
ART124.Arbitrary detention ART173.Falsification of wireless… & use of it
ART125.Delay in the delivery of detained persons ART174.False medical certificates, certificates
ART126.Delaying release ART175.Using false certificates
ART127.Expulsion
ART176.Manufacturing & possession of instruments
ART128.Violation of domicile
ART129.Search warrants maliciously obtained
ART177.Usurpation of authority and official functions
ART130.Searching domicile without witnesses
ART131.Prohibition, interruption, and dissolution of
peaceful meetings ART178.Using fictitious name & concealing true name
ART132.Interruption of religious worship ART179.Illegal use of uniform or insignia
ART133.Offending the religious feelings
ART180.False testimony against a defendant
CRIMES AGAINST PUBLIC ORDER ART181.False testimony favorable to the defendant
ART182.False testimony in civil cases
ART134.REBELLION or INSURRECTION ART183.PERJURY
ART134A COUP D’ETAT ART184.Offering false testimony in evidence
ART135.Penalty: rebellion, insurrection or coup d’etat
ART136.Conspiracy & proposal to commit R.I.C. ART185.Machinations in public auctions
ART186.MONOPOLIES and combo in restraint of trade
ART137.Disloyalty of public officers or employees ART187.Importation and disposition of falsely marked
merchandise made of gold, silver, etc
ART138.Inciting to rebellion or insurrection ART188.Substituting and altering trademarks
ART189.Unfair competition
ART139.SEDITION
ART140.Penalty for sedition [ART190-194: RA9165 Comp. Dangerous Drugs Act]
[ART195-199: Crimes against public morals-REPEALED]
ART141.Conspiracy to commit sedition
ART142.Inciting sedition
ART200.Grave scandal
ART143.Acts tending to prevent the meeting of the
ART201.Immoral doctrines, obscene publications
Assembly
ART202.Vagrants and prostitutes
ART144.Disturbance of proceedings
ART203.Who are PUBLIC OFFICERS
ART145.Violation of preliminary immunity
CRIMES COMMITTED BY PUBLIC OFFICER
ART146.Illegal assemblies
Malfeasance and Misfeasance
ART147.Illegal associations
ART204.Knowingly rendering unjust judgment
ART148.Direct assault
ART205.Judgment rendered through negligence
ART149.Indirect assault
ART206.Unjust interlocutory order
ART207.Malicious delay in the admin of justice
ART150.Disobedience to summons
ART151.Resistance and disobedience to a person in
ART208.Prosecution of offenses, neglig. & tolerance
authority
ART209.Betrayal of trust by an attorney
ART152.Persons in authority and against – defined
ART210.Direct bribery
ART211.Indirect bribery
ART153.Tumults and other disturbances
ART211-A. Qualified bribery
ART154.Unlawful use of means of publication
ART212.Corruption of public officials
ART155.ALARM and SCANDALS
ART213.FRAUDS against the public treasury
ART156.Delivering prisoners from jail
ART214.Other frauds
ART157.Evasion of service of sentence
ART215.Prohibited transactions
ART158.Evasion of SS: disorders, conflagrations, etc
ART216.Possession of prohibited interest by a P.O.
ART159.Other cases of evasion of SS
ART160.Commission of another crime during service
ART217.Malversation of public funds or property
ART218.Failure of accountable officer to render accnts
CRIMLAW 2 Prelims reviewer | © J. Tarroza UST | 1 | P a g e
ART219.Failure of responsible P.O. to render accnts Inciting to rebellion (138) Proposal to commit
ART220.Illegal use of public fund or property rebellion (136)
ART221.Failure to make delivery of funds or property Not required that the The person who proposes has
ART222.OFFICERS included in the preceding article offender has decided to decided to commit rebellion;
commit rebellion;
ART223.CONNIVING with or CONSENTING to evasion The act of inciting is done The person who proposes the
ART224.Evasion through negligence PUBLICLY; execution of the crime uses
ART225.Escape of prisoner under the custody an ind. SECRET MEANS.

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.

DEFINTIONS Public document – any instrument notarized by a notary


public or competent public official with the solemnities required
Treason – breach of allegiance to the government committed by law.
by a person who owes allegiance to it.
Official document – any instrument issued by the government
Allegiance – the obligation of fidelity and obedience which the or its agents or officers having the authority to do so and the
individuals owe to the government under which they live or to offices, which in accordance with their creation, they are
their sovereign, in return for the protection they receive. authorized to issue.

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

Counterfeiting – means to imitate a coin that is genuine,


refers to money or currency.

CRIMLAW 2 Prelims reviewer | © J. Tarroza UST | 3 | P a g e

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