Professional Documents
Culture Documents
Article 114
ELEMENTS OF TREASON:
1.
2.
3.
4.
1.
breech of allegiance
2.
3.
4.
breech of allegiance
5.
adherence
6.
5.
1.
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to convict yet. Y
later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because the
law requires that 2 witnesses see the SAME OVERT ACT.
2.
1.
If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the
particular acts constituting treason.
2.
3.
4.
If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of
affidavit during trial, even if assisted by counsel is not enough.
Treason: breach of allegiance to the government, committed by a person who owes allegiance to it.
Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending on whether the
person is a citizen or an alien.
Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are,
therefore, not aggravating.
Treason cannot be committed in times of peace, only in times of war actual hostilities. But no need for
declaration of war
Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable
design by force (deliver the country in whole or in part to the enemy)
Not Treasonous:
1.
Acceptance of public office and discharge of official duties under the enemy does not constitute per se the
felony of treason (exception: when it is policy determining)
2.
Serving in a puppet government (ministerial functions) and in order to serve the populace is NOT
treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on Filipinos; c) it is
disadvantageous to them.
3.
Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials not treason
4.
Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the
Philippines.
5.
6.
Alien: with permanent resident status from the BID it is neither the length of stay in the Philippines nor the
marriage with a Filipino that matters.
On Citizenship
Giving aid or comfort material element, enhances forces of the enemy country. Acts which strengthen or
tend to strengthen the enemy in the conduct of war against the traitors country or that which weaken and
tend to weaken the power of the same.
Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily giving aid and
comfort.
Adherence and giving aid or comfort must concur together. Adherence: when a citizen intellectually or
emotionally favors the enemy and harbors convictions disloyal to his countrys policy. But membership in the
police force during the occupation is NOT treason.
Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the
circumstances surrounding the act.
Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.
If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use Art.12.
No treason through negligence
When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1)
separate crimes or (2) as complex with treason.
Article 115
CONSPIRACY TO COMMIT TREASON
ELEMENTS:
1.
In time of war
2.
1.
In time of war
2.
A person who has decided to levy war against the government, or to adhere to the enemies and to give them
aid or comfort, proposes its execution to some other person/s.
Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy.
Article 116
MISPRISION OF TREASON
ELEMENTS:
1.
That the offender must be owing allegiance to the government, and not a foreigner
2.
That he has knowledge of any conspiracy (to commit treason) against the government
3.
That he conceals or does not disclose and make known the same as soon as possible to the governor or
fiscal of the province or the mayor or fiscal of the city in which he resides
This crime does not apply if the crime of treason is already committed
Crime of omission
To report within a reasonable time depends on time, place and circumstance the RPC did not fix time.
RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP
Director? Judge Pimentel says any govt official of the DILG is OK.
Article 117
Espionage by entering, without authority therefor, warship, fort, or naval or military establishments or
reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the
defense of the Philippines.
ELEMENTS:
1.
1.
2.
Espionage by disclosing to the representative of a foreign nation the contents of the articles, data, or information
referred to in paragraph 1 of Article 117, which he had in his possession by reason of the public office holds
1.
2.
That he has in his possession the articles, data or information referred to in par 1 of art 117, by reason of the
public office he holds
3.
Espionage: the offense of gathering, transmitting, or losing information respecting the national defense with
the intent or reason to believe that the information is to be used to the injury of the Philippines or the
advantage of any foreign nation. It is not conditioned on citizenship.
Not necessary that Philippines is at war with the country to which the information was revealed. What is
important is that the information related is connected with the defense system of the Philippines.
Wiretapping is NOT espionage if the purpose is not something connected with the defense
See CA 616
II. CRIMES AGAINST LAWS OF NATIONS
Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
ELEMENTS:
1.
2.
That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose
Filipino citizens to reprisals on their persons or property
Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their
country. Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal.
Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
1.
2.
That there is a regulation issued by competent authority for the purpose of enforcing neutrality
3.
Govt must have declared the neutrality of the Phil in a war between 2 other countries
Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1.
2.
That the offender makes correspondence with an enemy country or territory occupied by enemy troops
3.
1.
2.
3.
Hostile country exist only during hostilities or after the declaration of war
Correspondence to enemy country correspondence to officials of enemy country even if related to you.
Article 121
FLIGHT TO ENEMYS COUNTRY
ELEMENTS
1.
2.
That the offender (Filipino or resident alien) must be owing allegiance to the government
3.
4.
Article 122
PIRACY
1.
By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)
2.
By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its
complement or passengers
Elements:
1.
2.
That the offenders are not members of its complement or passengers of the vessel
3.
attack or seize that vessel or (hence, if committed by crew or passengers, the crime is not piracy
but robbery in the high seas)
2.
seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its
complement or passengers
High seas: any waters on the sea coast which are without the boundaries of the low water mark although
such waters may be in the jurisdictional limits of a foreign govt
Piracy in high seas jurisdiction is with any court where offenders are found or arrested
Piracy
Mutiny
Article 123
QUALIFIED PIRACY
CIRCUMSTANCES:
1.
Whenever they have seized a vessel by boarding or firing upon the same
2.
Whenever the pirates have abandoned their victims without means of saving themselves
3.
Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. (the above may result
to qualified mutiny)
Note the new rape law. Death is imposed in certain types of rape
There is a conflict between this provision and the provision on rape. Ex. If rape is committed on someone
below 7 death under the new rape law. But if rape committed on someone below 7 during the time of piracy
RP to death. Irreconcilable.
TITLE TWO
2.
3.
Delaying release
Article 124
ARBITRARY DETENTION
ELEMENTS:
1.
That the offender is a public officer or employee (whose official duties include the authority to make an arrest
and detain persons; jurisdiction to maintain peace and order).
2.
3.
That the detention was without legal grounds (cannot be committed if with warrant).
Though the elements specify that the offender be a public officer or employee, private individuals who
conspire with public officers can also be liable.
Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X voluntarily admitted to the
officers that he did it although he was not asked. X was detained immediately. According to the SC, there was
NO arbitrary detention. Why? Because once X made a confession, the officers had a right to arrest him.
Ramos v. Enrile: Rebels later on retire. According to the SC, once you have committed rebellion and have
not been punished or amnestied, then the rebels continue to engage in rebellion, unless the rebels renounce
his affiliation. Arrest can be made without a warrant because this is a continuing crime.
1.
commission of a crime
2.
violent insanity or other ailment requiring compulsory confinement of the patient in a hospital
1.
he has not committed any crime or no reasonable ground of suspicion that he has committed a crime
2.
not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital
1.
2.
Officer must have reasonable knowledge that the person probably committed the crime
Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
ELEMENTS:
1.
2.
3.
That he fails to deliver such person to the proper judicial authority within:
1.
2.
3.
36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent
Really means delay in filing necessary information or charging of person detained in court. May be waived if
a preliminary investigation is asked for.
Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty complied
with upon the filing of the complaint with the judicial authority (courts, prosecutors though technically not a
judicial authority, for purposes of this article, hes considered as one.)
The filing of the information in court does not cure illegality of detention. Neither does it affect the legality of
the confinement under process issued by the court.
To escape from this, officers usually ask accused to execute a waiver which should be under oath and with
assistance of counsel. Such waiver is not violative of the accused constitutional right.
What is length of waiver? Light offense 5 days. Serious and less serious offenses 7 to 10 days. (Judge
Pimentel)
Article 126
DELAYING RELEASE
ELEMENTS:
1.
2.
That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such person
3.
1.
2.
the performance of such judicial or executive order for the release of the prisoner, or
3.
Wardens and jailers are the persons most likely to violate this provision
1.
delaying the performance of a judicial or executive order for the release of a prisoner
2.
3.
delaying the proceedings upon any petition for the liberation of such person
Article 127
EXPULSION
ELEMENTS:
1.
2.
That he expels any person from the Philippines, or compels a person to change his residence
3.
2 acts punishable:
1.
2.
(The crime of expulsion absorbs that of grave coercion. If done by a private person, will amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes case
If X (Filipino) after he voluntarily left, is refused re-entry is considered forcing him to change his address
here
Article 128
VIOLATION OF DOMICILE
ELEMENTS:
1.
2.
That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers
or other effects
3.
2.
searching papers or other effects found therein without the previous consent of such owner
3.
refusing to leave the premises, after having surreptitiously entered said dwelling and after having
been required to leave the same
If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime
committed is trespass to dwelling (Art 280)
When a public officer searched a person outside his dwelling without a search warrant and such person is
not legally arrested for an offense, the crime committed by the public officer is grave coercion, if violence or
intimidation is used (Art 286), or unjust vexation, if there is no violence or intimidation (Art 287)
A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner, even
if he knew that someone in that dwelling is having unlawful possession of opium
3 acts punishable:
Being authorized by law means with search warrant, save himself or do some things good for humanity
1.
2.
1.
2.
3.
Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
1.
2.
3.
2.
3.
That he exceeds his authority or uses unnecessary severity in executing the same
Search warrant is an order in writing issued in the name of the People, signed by the judge and directed to a
public officer, commanding him to search for personal property described therein and bring it before the court
Search limited to what is described in the warrant, all details must be with particularity
Malicious warrant. Example. X was a respondent of a search warrant for illegal possession of firearms. A
return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun
in that place.
Abuse examples:
1.
2.
Tank was used to ram gate prior to announcement that a search will be made
3.
Article 130
1.
2.
3.
4.
That the owner, or any member of his family, or two witnesses residing in the same locality are not present
Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is
pending. Latter is preferred for objective determination.
1.
Homeowner
2.
3.
Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS
ELEMENTS:
1.
2.
1.
prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same
(e.g. denial of permit in arbitrary manner).
2.
hindering any person from joining any lawful association or from attending any of its meetings
prohibiting or hindering any person from addressing, either alone or together with others, any petition to the
authorities for the correction of abuses or redress of grievances
If the offender is a private individual, the crime is disturbance of public order (Art 153)
Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or interrupting that meeting
Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, its unjust vexation
Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the
legislative body, not punishable under this article
The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should
touch on politics may be stopped
But stopping the speaker who was attacking certain churches in public meeting is a violation of this article
Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires permits
for meetings in public places. But if police stops a meeting in a private place because theres no permit, officer
is liable for stopping the meeting.
Article 132
INTERRUPTION OF RELIGIOUS WORSHIP
ELEMENTS:
1.
2.
That religious ceremonies or manifestations of any religion are about to take place or are going on
3.
Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of
religion, but only a meeting of a religious sect. But if done in a private home, its a religious service
Religious Worship: people in the act of performing religious rites for a religious ceremony; a manifestation of
religion. Ex. Mass, baptism, marriage
X, a private person, boxed a priest while the priest was giving homily and while the latter was maligning a
relative of X. Is X liable? X may be liable under Art 133 because X is a private person.
When priest is solemnizing marriage, he is a person in authority, although in other cases, hes not.
Article 133
OFFENDING RELIGIOUS FEELINGS
ELEMENTS:
1.
1.
in a place devoted to religious feelings, or (for this element, no need of religious ceremony, only the place is
material)
2.
2.
That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the
feelings)
3.
4.
There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet
If in a place devoted to religious purpose, there is no need for an ongoing religious ceremony
Example of religious ceremony (acts performed outside the church). Processions and special prayers for
burying dead persons but NOT prayer rallies
Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or
scoffing or attempting to damage an object of religious veneration
There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness is not
enough.
CRIME
Prohibition,
Interruption and
Dissolution of
Peaceful Meeting
(131)
Nature of Crime
Public officers,
Outsiders
If Element Missing
Interruption of
Religious Worship
(132)
unjust vexation
Offending the
Religious Feeling
(133)
Public officers,
private persons,
outsiders
TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER
Article 134
REBELLION OR INSURRECTION
ELEMENTS:
1.
That there be
1.
2.
2.
1.
1. promotes
2. maintains, or
3. heads a rebellion or insurrection; or
2.
Any person who, while holding any public office or employment, takes part therein by:
1.
2.
3.
exacting contributions or diverting public funds from the lawful purpose for which they have been
appropriated (Note: diverting public funds is malversation absorbed in rebellion);
4.
Rebellion used where the object of the movement is completely to overthrow and supersede the existing
government
Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent
the exercise of govt authority w/ respect to particular matters or subjects
Actual clash of arms w/ the forces of the govt, not necessary to convict the accused who is in conspiracy w/
others actually taking arms against the govt
Purpose of the uprising must be shown but it is not necessary that it be accomplished
RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT actual participation. If there is no
public uprising, the crime is of direct assault.
Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation,
there must be ACTUAL participation
Not necessary that there is killing, mere threat of removing Phil is sufficient
Rebellion cannot be complexed with any other crime. However, illegal possession of firearms in furtherance
of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime such along with the
crime of conspiracy or proposal to commit such
A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal
association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed
If killing, robbing were done for private purposes or for profit, without any political motivation, the crime
would be separately be punished and would not be embraced by rebellion (People v. Fernando)
1.
2.
3.
4.
Article 134-A
COUP D ETAT
ELEMENTS:
1.
Swift attack
2.
3.
Directed against:
4.
5.
6.
7.
other facilities needed for the exercise and continued possession of power
Committed by any person or persons belonging to the military or police or holding any public office
or employment; with or without civilian support or participation
8.
9.
Crime may be committed by a single person, any government employee and even by civilian
Taking up of arms not even necessary, what is important is violence, threat, intimidation, strategy or stealth
Nature of
Crime
Treason (114)
Rebellion (134)
Coup detat
(134-A)
Sedition (139)
Crime against
National Security
Crime against
Public Order
Crime against
Public Order
Taking up arms
comfort to enemies
See article.
Rising publicly or
tumultuously (caused
by more than 3 armed
men or provided with
means of violence)
See article.
Seizing or
diminishing
state power.
See enumeration in
article.
adherence and
Overt
Acts
Purpose
of
objective
Article 135
Penalties
1.
1.
Promotes
2.
Maintains
3.
4.
5.
6.
exacting contributions or diverting public funds from the lawful purpose for which they have been
appropriated
2.
Any person who, while holding any public office or employment, takes part therein
3.
In Government Service
Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to hostilities
against the armed force.
1.
Public officer must take active part because mere silence or omission not punishable in rebellion
2.
It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never
recognized the government
3.
Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the
movement to overthrow the government
4.
Killing, robbing etc for private persons or for profit, without any political motivation, would be separately
punished and would not be absorbed in the rebellion.
Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
ELEMENTS:
1.
2 more persons come to an agreement to rise publicly and take arms against the government
2.
3.
ELEMENTS:
Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show
conspiracy to overthrow the govt
The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of
conspiracy if theres no evidence that the hearers then and there agreed to rise up in arms against the govt
1.
A person who has decided to rise publicly and take arms the government
2.
3.
Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
ELEMENTS:
If there are means to prevent the rebellion but did not resist it, then theres disloyalty. If there are no means,
no fault
The collaborator must not have tried to impose the wishes of the rebels of the people.
1.
2.
Continuing to discharge the duties of their offices under the control of rebels
3.
Article 138
ELEMENTS:
1.
That the offender does not take arms or is not in open hostility against the government
2.
3.
That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end
There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134
Article 139
SEDITION
ELEMENTS:
1.
1.
Publicly (if no public uprising = tumult and other disturbance of public order)
2.
3.
to prevent the promulgation or execution of any law or the holding of any popular election
4.
to prevent the national government, or any provincial or municipal government, or any public thereof from
freely exercising its or his functions, or prevent the execution of any administrative order
5.
to inflict any act or hate or revenge upon the person or property of any public officer or employee
6.
to commit for any political or social end, any act of hate or revenge against private persons or any social
class (hence, even private persons may be offended parties)
7.
to despoil, for any political or social end, any person, municipality or province, or the national government of
all its property or any part thereof
2.
That they employ force, intimidation, or other means outside of legal methods
3.
That the offenders employ any of those means to attain any of the following objects:
Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public
peace or at least such measures that evidently engenders it.
Difference from rebellion object or purpose of the surprising. For sedition sufficient that uprising is
tumultuous. In rebellion there must be taking up of arms against the government.
Tumultuous caused by more than 3 persons who are armed or provided with means of violence
Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes committed in that case
were independent of each other.
But when sugar farmers demonstrated and destroyed the properties of sugar barons sedition
1.
2.
Article 142
INCITING TO SEDITION
ELEMENTS:
1.
That the offender does not take a direct part in the crime of sedition
2.
That he incites others to the accomplishment of any of the acts which constitute sedition (134)
3.
That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or
other representations tending to the same end (purpose: cause commotion not exactly against the
government; actual disturbance not necessary)
When punishable:
1.
Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches,
proclamations, writings, emblems etc.
2.
Uttering seditious words or speeches which tend to disturb the public peace or writing, publishing, or
circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted
authorities thereof, which tend to disturb the public peace
3.
1.
when they tend to disturb or obstruct any lawful officer in executing the functions of his office; or
2.
when they tend to instigate others to cabal and meet together for unlawful purposes
3.
4.
when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the
community, the safety and order of the government
Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES
ELEMENTS:
1.
That there be a projected or actual meeting of Congress or any of its committees or subcommittees,
constitutional commissions or committees or division thereof, or of any provincial board or city or municipal
council or board
2.
That the offender who may be any persons prevents such meeting by force or fraud
Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143,
when the defect of the meeting is not manifest and requires an investigation before its existence can be
determined.
Article 144
DISTURBANCE OF PROCEEDINGS
ELEMENTS:
1.
That there be a meeting of Congress or any of its committees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board
2.
2.
he behaves while in the presence of any such bodies in such a manner as to interrupt its
proceedings or to impair the respect due it
Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt.
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts punishable:
1.
By using force, intimidation, threats, or frauds to prevent any member of Congress from
1.
attending the meeting of the assembly or any of its committees, constitutional commissions or committees or
divisions thereof, or from
2.
3.
2.
By arresting or searching any member thereof while Congress is in a regular or special session, except in
case such member has committed a crime punishable under the code by a penalty higher than prision mayor
Elements:
1.
2.
3.
4.
That the member searched has not committed a crime punishable under the code by a penalty higher than
prision mayor (1987 constitution: privilege from arrest while congress in session in all offenses punishable by
not more than 6 years imprisonment).
Article 146
ILLEGAL ASSEMBLIES
2.
3.
2.
Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
Not all the persons present at the meeting of the first form of illegal assembly must be armed
1.
2.
persons merely present at the meeting (except when presence is out of curiosity not liable)
1.
2.
if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional
1.
2.
Article 147
ILLEGAL ASSOCIATIONS
ELEMENTS:
Persons liable:
1.
Organized totally or partially for the purpose of committing any of the crimes in RPC
2.
1.
2.
Article 148
DIRECT ASSAULT
1.
2.
That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of
the crimes of sedition. (victim need not be person in authority)
3.
1.
That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a
serious resistance.
2.
3.
That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance
of official duties (motive is not essential), or that he is assaulted (b) by reason of the past performance of
official duties (motive is essential).
4.
That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of
his duties (with intention to offend, injure or assault).
5.
Always complexed with the material consequence of the act (e.g. direct assault with murder) except if
resulting in a light felony, in which case, the consequence is absorbed
Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person
in authority, the force employed must be of serious character
The force employed need not be serious when the offended party is a person in authority (ex. Laying of
hands)
The intimidation or resistance must be serious whether the offended party is an agent only or a person in
authority (ex. Pointing a gun)
Person in Authority
Agent
Force Employed
Intimidation/Resistance
Serious
Serious
Person in authority: any person directly vested with jurisdiction (power or authority to govern and execute
the laws) whether as an individual or as a member of some court or governmental corporation, board or
commission
Agent: is one who, by direct provision of law or by election or by appointment by competent authority, is
charged with the maintenance of public order and the protection and security of life and property. (Example.
Barrio councilman and any person who comes to the aid of the person in authority, policeman, municipal
treasurer, postmaster, sheriff, agents of the BIR, Malacaang confidential agent)
Even when the person in authority or the agent agrees to fight, still direct assault.
When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself
and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate selfdefense
There can be no assault upon or disobedience to one authority by another when they both contend that they
were in the exercise of their respective duties.
When assault is made by reason of the performance of his duty there is no need for actual performance of
his official duty when attacked
Complex crime of direct assault with homicide or murder, or with serious physical injuries.
1.
2.
3.
Article 149
INDIRECT ASSAULT
ELEMENTS:
1.
That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. 148.
2.
3.
That the offender makes use of force or intimidation upon such person coming to the aid of the authority or
his agent.
Indirect assault can be committed only when a direct assault is also committed
To be indirect assault, the person who should be aided is the agent (not the person in authority because it is
already direct assault, the person coming to the aid of the person in authority being considered as an agent
and an attack on the latter is already direct assault). Example. Aiding a policeman under attack.
Article 150
DISOBEDIENCE TO SUMMONS
Acts punishable:
1.
2.
3.
4.
5.
Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. 1)
ELEMENTS:
1.
That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order
to the offender.
2.
That the offender resists or seriously disobeys such person in authority or his agent.
3.
That the act of the offender is not included in the provisions of arts. 148, 149 and 150.
ELEMENTS:
1.
That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to
the offender.
2.
3.
or his agent.
Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:
Persons in Authority any person directly vested with jurisdiction, whether as an individual or as a member
of some court or governmental corporation, board or commission.
1.
Barangay captain
2.
Barangay chairman
3.
Teachers
4.
Professors
5.
Persons charged with the supervision of public or duly recognized private schools, colleges and universities
6.
Lawyers in the actual performance of their professional duties or on the occasion of such performance
Agent of Person in Authority any person who, by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the protection and security of life
and property.
1.
Barrio councilman
2.
Barrio policeman
3.
Barangay leader
4.
Section 388 of the Local Govt Code provides that for purposes of the RPC, the punong barangay,
sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be
deemed as persons in authority in their jurisdictions, while other barangay officials and members who may be
designated by law or ordinance and charged with the maintenance of public order, protection and the security
of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who
comes to the aid of persons in authority shall be deemed AGENT of persons in authority.
Article 153
1.
2.
Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not
included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship).
3.
Making any outcry tending to incite rebellion or sedition in any meeting, association or public place
4.
Displaying placards or emblems which provoke a disturbance of public order in such place
5.
Burying with pomp the body of a person who has been legally executed.
If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or
if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes
the same acts if committed by public officers who are NOT participants in the meeting
The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious
in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting
to rebellion or sedition.
Tumultuous if caused by more than 3 persons who are armed or provided with means of violence
(circumstance qualifying the disturbance/interruption) tumultuous in character
Article 154
1.
Publishing or causing to be published, by means of printing, lithography or any other means of publication as
news any false news which may endanger the public order, or cause damage to the interest or credit of the
State.
2.
Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling
any act punished by law, by the same means or by words, utterances or speeches
3.
Maliciously publishing or causing to be published any official resolution or document without proper
authority, or before they have been published officially
4.
Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do
not bear the real printers name or which are classified as anonymous.
Article 155
1.
Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to
cause alarm or danger
2.
Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial
to public tranquility
3.
Disturbing the public peace while wandering about at night or while engaged in any other nocturnal
amusement
4.
Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not
covered by Art 153 (tumult).
Charivari mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, insult
or annoy
CRIME
Nature of Crime
Private persons,
outsider
Private persons,
outsider
Article 156
1.
2.
That the offender removes therefor such person, or helps the escape of such person (if the escapee is
serving final judgement, he is guilty of evasion of sentence).
3.
A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here
Mitigating circumstance if it takes place outside the penal establishment by taking the guards by surprise
Article 157
1.
2.
That he is serving his sentence which consists in deprivation of liberty (destierro included)
3.
That he evades the service of his sentence by escaping during the term if his sentence. (fact of return
immaterial).
A continuing offense.
1.
2.
3.
4.
Article 158
1.
That the offender is a convict by final judgement who is confined in a penal institution.
2.
2. earthquake,
3. explosion, or
4. similar catastrophe, or
5. mutiny in which he has not participated.
1.
That the offender evades the service of his sentence by leaving the penal institution where he is confined,
on the occasion of such disorder or during the mutiny.
2.
That the offender fails to give himself up to the authorities within 48 hours following the insurance of a
proclamation by the chief executive announcing the passing away of such calamity.
Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in no case to
exceed 6 months.
Article 159
VIOLATION OF CONDITIONAL PARDON
ELEMENTS:
1.
2.
3.
Offender must have been found guilty of the subsequent offense before he can be prosecuted under this
Article. But if under Revised Admin Code, no conviction necessary. President has power to arrest, reincarnate
offender without trial.
VIOLATION OF PARDON
ORDINARY EVASION
1.
prision correccional in its minimum period if the penalty remitted does not exceed 6 years
2.
the unexpired portion of his original sentence if the penalty remitted is higher than 6 years
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS
OFFENSE-PENALTY: (quasi-recidivism)
ELEMENTS
1.
That the offender was already convicted by final judgement of one offense.
2.
That he committed a new felony before beginning to serve such sentence or while serving the same.
Quasi-recidivism : a person after having been convicted by final judgement shall commit a new felony before
beginning to serve such sentence, or while serving the same.
Second crimes must belong to the RPC, not special laws. First crime may be either from the RPC or special
laws
Reiteracion: offender shall have served out his sentence for the prior offense
Penalty: maximum period of the penalty for the new felony should be imposed (mitigating circumstance can
only be appreciated if the maximum is divisible)
TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST
Article 161
1.
2.
3.
When the signature of the President is forged, it is not falsification but forging of signature under this article
Article 162
1.
That the great seal of the republic was counterfeited or the signature or stamp of the chief executive was
forged by another person.
2.
3.
Article 163
1.
2.
3.
That in case of uttering such false or counterfeited coins, he connives with counterfeiters or importers.
Coin is counterfeit if it is forged, or if it is not an article of the government as legal tender, regardless if it is
of no value
Counterfeiting imitation of legal or genuine coin (may contain more silver, different design) such as to
deceive an ordinary person in believing it to be genuine
Article 164
This has been repealed by PD 247. Under this PD, the acts punishable are:
1.
willful defacement
2.
mutilation
3.
tearing
4.
burning
5.
Mutilation to take off part of the metal either by filling it or substituting it for another metal of inferior quality,
to diminish by inferior means (to diminish metal contents).
Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
2 Types
1.
Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that
it is false or mutilated.
ELEMENTS:
1.
possession
2.
3.
knowledge
4.
Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.
ELEMENTS:
1.
2.
knowledge.
Read RA 427
Article 166
FORGING TREASURY OR BANK NOTES IMPORTING AND UTTERING
Acts punishable:
1.
2.
3.
Uttering of such false or forged obligations and notes in connivance with forgers and importers
Forging by giving a treasury or bank note or document payable to bearer/order an appearance of a true
and genuine document
Falsification by erasing, substituting, counterfeiting or altering by any means the figures and letters, words,
signs contained therein
E.g. falsifying lotto or sweepstakes ticket. Attempted estafa through falsification of an obligation or security
of the Phil
PNB checks not included here its falsification of commercial document under Article 172
Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes, coupons,
treasury notes, certificate of deposits, checks, drafts for money, sweepstakes money
Article 167
1.
That there be an instrument payable to order or other document of credit not payable to bearer.
2.
3.
Article 168
ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND
OTHER INSTRUMENT OF CREDIT:
1.
That any treasury or bank note or certificate or other obligation and security payable to bearer, or any
instrument payable to order or other document of credit not payable to bearer is forged or falsified by another
person.
2.
That the offender knows that any of those instruments is forged or falsified.
3.
1.
2.
Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank
notes
Article 169
FORGERY
if all acts done but genuine appearance is not given, the crime is frustrated
1.
by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of a true
and genuine document
2.
by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs
contained therein.
Article 170
1.
That these be a bill, resolution or ordinance enacted or approved or pending approval by the national
assembly or any provincial board or municipal council.
2.
3.
4.
Accused must not be a public official entrusted with the custody or possession of such document otherwise
Art 171 applies.
Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR ECCLESTASTICAL
MINISTER
ELEMENTS:
1.
2.
3.
Requisites:
1.
2.
That the two signatures or handwritings, the genuine and the forged, bear some resemblance, to each other
(lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. 1 but such is
not an impediment to conviction under par. 2)
1.
Causing it to appear that persons have participated in any act or proceeding when they did not in fact so
participate.
2.
Attributing to persons who have participated in an act or proceeding statements other than those in fact
made by them.
Requisites:
1.
That the offender caused it to appear in a document that a person/s participated in an act or a proceeding;
and
2.
That such person/s did not in fact so participate in the act or proceeding
3.
Requisites:
1.
2.
That he has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done)
and
3.
That the facts narrated by the offender are absolutely false; and
4.
That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third
person
There must be a narration of facts, not a conclusion of law. Must be on a material matter
Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex.
Residence certificates
The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind
of falsification may be committed by omission
1.
2.
Making any alteration or intercalation in a genuine document which changes its meaning.
Requisites:
1.
2.
3.
4.
5.
Issuing in an authenticated form a document purporting to be a copy of an original document when no such
original exists, or including in such copy a statement contrary to, or different from, that of the genuine original;
(if no knowledge, falsification through negligence) or
6.
Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.
(genuine document)
7.
In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any
record or document of such character that its falsification may affect the civil status of persons.
If offender does not take advantage of his public position, he may still be liable for falsification of documents
by a private person
Not necessary that what is falsified is a genuine or real document, enough that it gives an appearance of a
genuine article
Feigning simulating a signature, handwriting, or rubric out of one of which does not in fact exist
Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1)
ELEMENTS
1.
That the offender is a private individual or a public officer or employee who did not take advantage of his
official position.
2.
2.
Causing it to appear that persons have participated in any act or proceeding when they did not in
fact so participated.
3.
Attributing to persons who have participated in an act or proceeding statements other than those in
fact made by them.
4.
5.
6.
Making any alteration or intercalation in a genuine document which changes its meaning.
7.
That the falsification was committed in any public or official or commercial document.
Examples of commercial documents warehouse receipts, airway bills, bank checks, cash files, deposit
slips and bank statements, journals, books, ledgers, drafts, letters of credit and other negotiable instruments
Cash disbursement vouchers or receipts evidencing payments are not commercial documents
1.
the written acts or records of cats of the sovereign authority of official bodies and tribunals, and of the public
officers, legislative, judicial and executive, whether of the Philippines or of a foreign country.
2.
ELEMENTS :
1.
That the offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated
in art. 171.
2.
That the falsification was committed in any private document (must affect the truth or integrity of the
document)
3.
That the falsification caused damage (essential element; hence, no crime of estafa thus falsification of
private document) to a third party or at least the falsification was committed with intent to cause such damage.
Not necessary that the offender profited or hoped to profit from the falsification
A document falsified as a necessary means to commit another crime must be public, official or commercial
There is no complex crime of estafa through falsification of a private document because the immediate effect
of the latter is the same as that of estafa
If the estafa was already consummated at the time of the falsification of a private document was committed
for the purpose of concealing the estafa, the falsification is not punishable, because as regards the
falsification of the private document there was no damage or intent to cause damage.
A private document may acquire the character of a public document when it becomes part of an official
record and is certified by a public officer duly authorized by law
The crime is falsification of public documents even if falsification took place before the private document
becomes part of the public records.
ELEMENTS:
1.
1.
That the offender knew that a document was falsified by another person.
2.
That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172.
3.
That he introduced said document in evidence in any judicial proceeding. (intent to cause damage not
necessary)
4.
that the offender knew that a document was falsified by another person.
5.
That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172.
6.
7.
That the use of the documents caused damage to another or at least was used with intent to cause such
damage.
2.
The user of the falsified document is deemed the author of falsification, if:
1.
2.
Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF SAID
FALSIFIED MESSAGES
Acts punishable:
1.
Requisites:
1.
That the offender is an officer or employee of the government or an officer or employee of a private
corporation, engaged in the service of sending or receiving wireless, cable or telephone message.
2.
Requisites:
1.
That the offender is an officer or employee of the government or an officer or employee of a private
corporation, engaged in the service of sending or receiving wireless, cable or telephone message.
2.
Requisites:
1.
That the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the
person specified in the first paragraph of art. 173.
2.
3.
That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with
intent to cause such prejudice.
The public officer, to be liable must be engaged in the service of sending or receiving wireless, cable and
telegraph or telephone message
Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND THE LIKE:
Persons liable:
1.
Physician or surgeon who, in connection with the practice of his profession, issued a false certificate (note:
such certificate must refer to the illness or injury of a person)
2.
Public officer who issued a false certificate of merit of service, good conduct or similar circumstances
3.
Article 175
1.
That a physician or surgeon has issued a false medical certificate, or a public officer has issued a false
certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of
said certificates.
2.
3.
Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR FALSIFICATION:
Acts punishable:
1.
Making or introducing into the Philippines any stamps, dies or marks or other instruments or implements for
counterfeiting or falsification
2.
Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or
introduced into the Philippines by another person
1.
By knowingly and falsely representing oneself to be an officer, agent or representative of any department or
agency of the Philippine govt or any foreign govt.
2.
By performing an act pertaining to any person in authority or public officer of the Phil govt or foreign govt
under the pretense of such official position, and without being lawfully entitled to do so.
In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. Not
necessary that he performs an act pertaining to a public officer.
In usurpation of official functions: It is essential that the offender should have performed an act pertaining to
a person in authority
1.
to the govt
2.
3.
Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
1.
That the offender uses a name other than his real name.
2.
3.
To conceal a crime,
2.
3.
To cause damage to public interest. (ex. Signing fictitious name for a passport)
1.
2.
3.
Article 179
1.
2.
That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of
which he is not a member.
3.
Article 180
1.
2.
That the offender testifies falsely under oath against the defendant therein.
3.
That the offender who gives false testimony knows that it is false.
4.
That the defendant against whom the false testimony is given is either acquitted or convinced in a final
judgment (prescriptive period starts at this point)
Requires criminal intent, cant be committed through negligence. Need not impute guilt upon the accused
The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted
The witness who gave false testimony is liable even if the court did not consider his testimony
Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
Conviction or acquittal is not necessary (final judgement is not necessary). The false testimony need not
influence the acquittal
A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person
the commission of the offense is liable under this article. If he merely denies the commission of the offense,
he is not liable.
Article 182
1.
2.
That the testimony must relate to the issues presented in said case.
3.
4.
That the false testimony must be given by the defendant knowing the same to be false.
5.
That the testimony must be malicious and given with an intent to affect the issues presented in the said case
Not applicable when testimony given in a special proceeding (in this case, the crime is perjury)
Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION:
1.
That an accused made a statement under oath or made an affidavit upon a material matter.
2.
That the statement or affidavit was made before a competent officer, authorized to receive and administer
oath.
3.
That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood, and
4.
That the sworn statement or affidavit containing the falsity is required by law.
Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers to non-judicial
proceedings and affidavits
A competent person authorized to administer an oath means a person who has a right to inquire into the
questions presented to him upon matters under his jurisdiction
There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and
deliberate
Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal
purpose, it is sufficient
Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings
False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury because
false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal
is rendered
A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and
the witness suborned does testify under circumstances rendering him guilty of perjury.
1.
2.
Article 184
Article applies when the offender without inducing another, but knowing him to be a false witness, presented
him and the latter testified falsely in a judicial or official proceeding
The false witness need not be convicted of false testimony. The mere offer is sufficient.
III. FRAUDS
Article 185
That the accused solicited any gift or a promise from any of the bidders.
That such gifts or promise was the consideration for his refraining from taking part in that public auction.
That the accused had the intent to cause the reduction of the price of the thing auctioned.
That the accused attempted to cause the bidders to stay away from that public auction
That the accused had the intent to cause the reduction of the price of the thing auctioned.
Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
Acts punished:
1.
2.
By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust
or otherwise, in restraint of trade or commerce or prevent by artificial means free competition in the market (It
is enough that initial steps are taken. It is not necessary that there be actual restraint of trade)
3.
By monopolizing any merchandise or object of trade or commerce, by combining with any person or persons to
monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of
any other artifice to restrain free competition in the market
4.
Manufacturer, producer or processor or importer combining, conspiring or agreeing with any person to make
transactions prejudicial to lawful commerce or to increase the market price of the merchandise.
Person/s liable:
1.
manufacturer
2.
producer
3.
processor
4.
importer
1.
combining
2.
conspiring
3.
1.
2.
to increase the market price of any merchandise or object of commerce manufactured, produced,
processed, assembled or imported into the Phil
1.
corporation/association
2.
agent/representative
3.
1.
food substance
2.
3.
Article 187
That the offender imports, sells or disposes of any of those articles or merchandise.
That the stamps, brands, or marks or those articles or merchandise fails to indicate the actual fineness or quality
That the offender knows that the said stamp, brand, or mark fails to indicate the actual fineness or quality of the
metals or alloys.
Article 188
SUBSTITUTING ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK
Acts punishable:
By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable
imitation thereof, for the t/n or t/m of the real manufacturer or dealer upon any article of commerce and (b) selling the
same.
b
By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has been fraudulently used
By using or substituting the service mark of some other person, or a colorable imitation of such marks, in the
By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a colorable limitation thereof,
to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used.
Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME, TRADEMARK SERVICE MARK,
FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION
Acts punished:
Unfair competition by selling his goods, giving them the general appearance of the goods of another
manufacturer or dealer
b
Fraudulent designation of origin; false description by (a) affixing to his goods or using in connection with his
services a false designation of origin; or any false description or representation, and (b) selling such goods or
services
c
Fraudulent registration by procuring fraudulently from the patent office the registration of t/m, t/m or service
mark.
ELEMENTS:
That the offender gives his goods the general appearance of the goods of another manufacturer or dealer
That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping of their packages, or in
the (c) device or words therein, or in (d) any other feature of their appearance
c
That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the
TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)
THE DANGEROUS DRUGS ACT OF 1972
(RA No. 6425, as amended)
I.
Acts Punishable:
1.
2.
3.
4.
5.
6.
possession or use
7.
cultivation of plants
8.
9.
unnecessary prescription
10.
11.
Qualifying Circumstances if the victim of the offense is a minor or should a prohibited/regulated drug involve in any
offense under this section be the proximate cause of the death of a victim thereof, the maximum penalty herein shall
be imposed.
Qualifying Circumstance where a prohibited/regulated drug is administered, delivered, or sold to a minor who is
allowed to use the same in such place, or should a prohibited drug be the proximate cause of the death of the person
using the same in such den, dive or resort, the maximum of the penalty shall be imposed.
be confiscated and escheated to the State, unless the owner thereof can prove that he did not know of such
cultivation or culture despite the exercise of due diligence on his part.
b
Qualifying Circumstance if the land involved is part of the public domain, the maximum of the penalty herein
Failure to keep records of prescription, sales, purchases, acquisitions and/or deliveries of prohibited/regulated
drugs
Persons liable:
Pharmacist, Physician, Dentist, Veterinarian, Manufacturer, Wholesaler, Importer, Distributor, Dealer, Retailer
Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any person whose
physical/physiological condition does not require the use of thereof.
Possession of opium pipe, equipment, apparatus or any paraphernalia fit or intended for smoking, consuming,
administering, injecting, ingesting, or otherwise using opium or any other prohibited drug, shall be prima facie
evidence that the possessor has smoked, consumed, administered to himself, injected or used a prohibited drug.
partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally
liable as co-principal.
b
Partner, president, director, manager, officer or stockholder, who knowingly authorizes, tolerates, or consents to
the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation
of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufacture of any
dangerous drugs, if such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and
supervision of the partnership, corporation, association or judicial entity to which they are affiliated.
c
Government official, employee or officer who is found guilty of planting any dangerous drugs in the person or in
For the purpose of enforcing the provisions of this Act, all school heads, supervisors and teachers
shall be deemed to be persons in authority and, as such, are vested with the power to apprehend, arrest, or
cause the apprehension or arrest of any person who shall violate any of the said provision.
1.
NOTE: They shall be considered as persons in authority id they are in the school or within its immediate
vicinity, or beyond such immediate vicinity of they are in attendance in any school or class function in their
official capacity as school heads, supervisors or teachers.
2.
Any teacher or school employee who discovers or finds that any person in the school or within its immediate
vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who
shall, in turn, report the matter to the proper authorities. Failure to report in either case shall, after hearing,
constitute sufficient cause for disciplinary action. (Sec. 28)
1.
III.
Rules:
1.
Voluntary submission of a drug dependent to confinement, treatment and rehabilitation by the drug
dependent himself or through his parent, guardian or relative within the 4th civil degree of consanguinity or
affinity, in a center and compliance with such conditions therefor as the Dangerous Drugs Board may
prescribe shall exempt from criminal liability for possession or use of the prohibited/regulated drug.
2.
Should the drug dependent escape from the center, he may submit himself for confinement within 1 week
from the date of his escape, of his parent guardian or relative may, within the same period surrender him for
confinement.
3.
Upon application of the Board, the Court shall issue an order for recommitment if the drug dependent does
not resubmit himself for confinement or if he is not surrendered for recommitment.
4.
If, subsequent to such recommitment, he should escape again, he shall no longer be exempt from criminal
liability for the use or possession of any dangerous drug.
5.
If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings, to
be a drug dependent, the fiscal or court as the case may be, shall suspend all further proceedings and
transmit records of the case to the Board.
6.
After his rehabilitation, he shall be prosecuted for such violation. In case of conviction, the judgement shall, if
the accused is certified by the treatment and rehabilitation center to have maintained good behavior, indicate
that he shall be given full credit for the period he was confined in the center.
NOTE: When the offense is possession or use of dangerous drugs and the accused is not a recidivist, the penalty
thereof shall be deemed to have been served in the center upon his release therefrom.
7.
The period of prescription of the offense charged shall not run during the time that the respondent/accused
is under detention or confinement in a center.
8.
1.
If accused is a minor (under 18 years of age at the time of the commission of the offense but not more than
21 years of age when the judgement should have been promulgated.
2.
He has not been previously convicted of violating any provision of this Act or of the RPC or placed on
probation.
Sentence shall be deferred and the accused shall be placed on probation under the supervision of the
Board.
In case of violation of conditions of pardon, court shall pronounce judgement of conviction and he shall serve
sentence.
If accused did not violate conditions of probation, case shall be dismissed upon expiration of the designated
period.
Notes:
Cultivation of plants Sec 9 land, portions of land, greenhouse on which any of the plants is cultivated
confiscated and escheated to the State. UNLESS: owner can prove that he had no knowledge of the cultivation
despite due diligence
b
Possession of opium pipe and other paraphernalia prima facie evidence that the possessor has smoked,
Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M apply when:
Opium
40 grams up
Morphine
40 grams up
Shabu
200 grams up
Heroin
40 grams up
Indian hemp
MJ resin
750 grams up
50 grams up
Cocaine
40 grams up
Other drugs
(if quantity is less than prescribed penalty is PC to RP depending upon the quantity)
e
2.
Buy Bust Operation no law or rule to require policemen to adopt a uniform way of identifying BUY MONEY (P
v. Abedes)
g
Transportation/importation of MJ immaterial whether there may or may not be a distinction for the MJ
If prosecution can prove the crime without presenting the informer or asset not necessary because their
testimonies are merely corroborative. Poseur buyer it depends on whether the prosecution can prove the
crime without their testimonies (P v. Rosalinda Ramos)
2.
Under the RA, special aggravating circumstance if a crime has been committed while the accused was high
on drugs (P v. Anthony Belgar)
3.
Delivery or Sale of Prohibited Drugs the accused must be aware that what he is selling or delivering was
prohibited drug. But the moment the fact of sale or delivery is proved by prosecution, the burden to prove that
the accused is not aware that drugs are prohibited falls on the defense (P v. Aranda)
4.
P v. Angelito Manalo burden of proving the authority to possess shabu is a matter of defense
5.
P v. Hilario Moscaling court may take judicial notice of the word shabu
6.
Criminal liabilities of a policeman who sold the drugs confiscated from a pusher: violation of RA 6425 and
malversation under RPC.
Buy Bust Operation form of entrapment (P v. Alberto) not necessary to have prior police surveillance (P v.
Carlos Franca)
l
Possession constructive or actual not necessary to adduce the marked money as evidence (P v. Romeo
Macara)
m
Separate crimes sale/possession of MT found in his possession after he was frisked but he cant be convicted
If victim is minor or drug is proximate cause of death max penalty is imposed under Sec 4, 5, 15, 15-a
1.
2.
If offender: government official, employees, officers or found guilty of planting evidences same penalty
3.
under 18 at time of commission but not more than 21 at time when judgment was promulgated
not been previously convicted of violating any provision of this Act or the RPC
TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS
2.
Betting, game-fixing or point shaving and machinations in sports contests (PD 438)
3.
Illegal gambling
Acts Punishable:
1.
Betting: Betting money or any object or article of value of representative value upon the result of any game,
races and other sports contests.
2.
Game-fixing: any arrangement, combination, scheme or agreement by which the result of any game, races,
or sports contests shall be predicated and/or known other than on the basis of the honest playing skill or
ability of the players or participants.
3.
Point-shaving: any such arrangement combination, scheme or agreement by which the skill or ability of any
player or participant in a fame, races, or sports contests to make points of scores shall be limited deliberately
in order to influence the result thereof in favor of one or other team, player or participant.
4.
Game Machination: any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of any game, races or sports contest.
Scope This law shall govern the establishment, operation, maintenance and ownership of cockpits.
2.
Rules:
1.
Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and
operated cockpits.
2.
Only one cockpit shall be allowed in each city or municipality with a population of 100,000 or less.
3.
Cockpits shall be constructed and operated within the appropriate areas as prescribed in the
Zoning Law or ordinance.
4.
When allowed:
1.
Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays
and during local fiestas for not more than 3 days; or
2.
Limitations:
a)
No cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of the local
fiesta or for more than 2 occasions a year in the same city of municipality.
b)
No cockfighting shall be held on December 30, June 12,November 30, Holy Thursday, Good Friday, Election Day
If the purpose is for the entertainment of foreign dignitaries or for tourists, or for returning balikbayans, or for
the support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of
the President upon resolution of a provincial board, city or municipal council, in licensed cockpits or in
playgrounds or parks.
Limitations: This privilege shall be extended for only one time, for a period not exceeding 3 days, within a year to a
province, city or municipality.
1.
No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during
cockfights.
2.
City or municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits.
II. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
Article 200
1.
2.
3.
Highly scandalous conduct does not expressly fall within any other article of the RPC
4.
Committed in a public place or within the public knowledge or view. (The public view is not required, it is
sufficient if in public place. For public knowledge, it may occur even in a private place; the number of people
who sees it is not material).
Grave scandal: consists of acts which are offensive to decency and good customs. They are committed
publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts
Decency: means properly observing the requirements of modesty, good taste etc
Customs: refers to established usage, social conventions carried on by tradition and enforced by social
disapproval in case of violation
If the acts complained of are punishable under another provision of the RPC, Art 200 is not applicable
The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and
good customs but must likewise be of such character as to cause public scandal to those witnessing it.
Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:
Persons liable:
1.
Those who publicly expound or proclaim doctrines that are contrary to public morals
2.
3.
4.
5.
Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any other
place
6.
Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are offensive to morals
Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character
Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open
to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense
of men as indecency.
However, Art 201 enumerates what are considered as obscene literature or immoral or indecent plays,
scenes or acts:
Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall
within this article
1.
2.
those w/c serve no other purpose but to satisfy the market for violence, lust or pornography
3.
4.
those w/c tend to abet the traffic in and the use of prohibited drugs
5.
those that are contrary to law, public order, morals, good customs, established policies, lawful orders,
decrees and edicts
Article 202
VAGRANTS AND PROSTITUTES:
1.
Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to
apply themselves to some useful calling
2.
Persons found loitering around public and semi-public places without visible means of support
3.
Persons tramping or wandering around the country or the streets with no visible means of support
4.
5.
Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich)
6.
Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or
justifiable reason provided the act does not fall within any other article of the RPC
Trespass to dwelling
Attempted theft
Vagrancy
Who are considered prostitutes refer to women who habitually indulge in sexual intercourse or lascivious
conduct for money or profit (if a man indulges in the same conduct: vagrancy)
TITLE SEVEN
1.
2.
Performs public duties as an employee, agent or subordinate official in the govt or any of its branches
Notes:
1.
2.
3.
popular election
4.
5.
Public officers: embraces every public servant from the lowest to the highest rank
6.
A government laborer is not a public officer. However, temporary performance by a laborer of public
functions makes him a public officer
7.
8.
9.
Misfeasance
Nonfeasance
1.
Offender is a judge
2.
3.
Judgment is unjust
4.
Notes:
1.
Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues
submitted to it in an action or proceeding
2.
Unjust judgment: one which is contrary to law, or not supported by the evidence, or both
3.
4.
5.
ill-will or revenge
6.
bribery
1.
There must be evidence that the decision rendered is unjust. It is not presumed
2.
Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an
unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper
consideration).
Article 205
1.
Offender is a judge
2.
3.
4.
Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of
the law cannot doubt the injustice
Article 206
1.
2.
2.
Interlocutory order: one issued by the court deciding a collateral or incidental matter. It is not a final
determination of the issues of the action or proceeding
Article 207
1.
2.
3.
4.
That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage
on either party in the case.
Article 208
1.
That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to
prosecute offenses.
2.
That there is dereliction of the duties of his office, that is, knowing the commission of the crime, he does not
cause (a) the prosecution of the criminal (People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is
about to be committed he tolerates its commission (if gift/promise is a consideration for his conduct: direct
bribery)
3.
That the offender acts with malice and deliberate intent to favor the violator of the law.
There must be a duty on the part of the public officer to prosecute or move for the prosecution of the
offender. Note however, that a fiscal is under no compulsion to file an information based upon a complaint if
he is not convinced that the evidence before him does not warrant filing an action in court
The crime must be proved first before an officer can be convicted of dereliction of duty
A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to
prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not
an accessory
Article 209
1.
2.
3.
Revealing any of the secrets of his client learned by him in his professional capacity (damage not
necessary)
Undertaking the defense of the opposing party of the 1st client and/or having received confidential
4.
information from the latter and without the latters consent (damage not necessary)
Article 210
1.
That the offender be a public officer within the scope of Art 203
2.
That the offender accepts an offer or promise or receives a gift or present by himself or through another
3.
That such offer or promise be accepted or gift/present received by the public officer (mere agreement
consummates the crime)
1.
2.
in consideration of an execution if an act which does not constitute a crime, but the act must be
unjust (delivery of consideration is necessary), or
3.
4.
That the act which the offender agrees to perform or which he executes be connected with the
performance of his official duties
For purposes of this article, temporary performance of public functions is sufficient to constitute a person a
public officer. A private person may commit this crime only in the case in which custody of prisoners is
entrusted to him
Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other person
performing public duties
Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is sufficient. However, if the
offer is not accepted, only the person offering the gift is liable for attempted corruption of a public officer
The gift must have a value or capable of pecuniary estimation. It could be in the form of money, property or
services
If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty
corresponding to the crime
The third type of bribery and prevaricacion (art 208) are similar offenses, both consisting of omissions to do
an act required to be performed. In direct bribery however, a gift or promise is given in consideration of the
omission. This is not necessary in prevaricacion
1.
2.
solicited by the public officer and voluntarily delivered by the private person
3.
solicited by the public officer but the private person delivers it out of fear of the consequences should the
public officer perform his functions (here the crime by giver is not corruption of public officials due to
involuntariness).
Bribery (210)
Robbery (294)
RA 3019
Persons Liable:
1.
Any public officer who shall perform any of the following acts:
2.
Any person having family or close personal relation with any public official who shall capitalize or exploit or
take advantage of such family or close personal relation by directly or indirectly requesting or receiving any
present, gift, or material, or pecuniary advantage from any person having some business, transaction,
application, request, or contact with the government in which such public official has to intervene (Sec. 4)
3.
Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A).
(Sec. 4)
4.
Spouse or any relative, by consanguinity or affinity, within the 3rd civil degree, of the president of the
Philippines, the vice-president, the president of the Senate, or speaker of the house of Representatives, who
shall intervene, directly or indirectly, in any business transaction, contract or application with the govt (Sec. 5).
1.
Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent authority or an offense in connection with the official duties of
the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.
2.
Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for himself or for
any other person in connection with any contract or transaction between the government and any other party
wherein the public officer in his official capacity has to intervene under the law.
3.
Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for
himself or for another, from any person for whom the public officer, in any manner of capacity, has secured or
obtained, or will secure or obtain, any Government permit or license, in consideration for the held given or to
be given.
4.
Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination.
5.
Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial
function through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or government corporations charged with the grant of licenses or
permits or other concessions.
6.
Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his
own interest of giving undue advantage in favor of or discriminating against any other interested party.
7.
Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
8.
Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the
constitution or by any law from having any interest.
9.
Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction
or act requiring the approval of a board, panel, or group of which he is a member, and which exercises
discretion in such approval, even if he votes against the same or does not participate in the action of the
board, committee, panel or group.
10.
Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified
for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or
dummy of one who is not so qualified or entitled.
11.
Divulging valuable information of a confidential character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such information in advance of its authorized release
date.
Any person who, prior to the assumption of office of any of the above officials to whom he is related, has
been already dealing with the govt along the same line of business;
2.
Any transaction, contract or application already existing or pending at the time of such assumption of public
office;
3.
Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned
but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law;
4.
5.
Any member of congress, during the term for which he has been elected, who shall acquire or receive any
personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored
or benefited by any law or resolution authored by him previously approved or adopted by Congress during his
term.
6.
Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30
days after assuming office and thereafter on or before the 15th day of April following the close of every
calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from
office (Sec. 7).
II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)
If a public official has been found to have acquired during his incumbency, whether in his name or in the
name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to
his other lawful income.
Properties in the name of the spouse and dependents of such public official may be taken into consideration,
when their acquisition through legitimate means cannot be satisfactorily shown.
Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse
or any of their dependents including but not limited to activities in any club or association or any ostentatious
display of wealth including frequent travel abroad of a non-official character by any public official when such
activities entail expenses evidently out of proportion to legitimate income.
III. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec. 11).
V. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of
gratitude of friendship according to local customs or usage, shall be excepted from the provisions of this act (Sec.
14).
Article 211
1.
2.
3.
That the said gifts are offered to him by reason of his office.
The gift is given in anticipation of future favor from the public officer
There must be clear intention on the part of the public officer to take the gift offered and consider the
property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance
or act to show such acceptance is not sufficient to convict the officer
The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform
or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary that
the officer do any act. It is sufficient that he accepts the gift offered by reason of his office
Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable
under PD 46.
The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the
service
Article 211-A
1.
2.
Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death
3.
(if lower penalty than stated above, the crime is direct bribery)
4.
Article 212
1.
That the offender makes offers or promises or gives gifts or present to a public officer.
2.
That the offers or promises are made or the gifts or presents given to a public officer, under circumstances
that will make the public officer liable for direct bribery or indirect bribery
The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished
Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are
immune from prosecution under the following circumstances:
1.
2.
3.
the information and testimony are not yet in the possession of the State
4.
5.
Article 213
1.
2.
That he should have taken advantage of his office, that is, he intervened in the transaction in his official
capacity.
3.
That he entered into an agreement with any interested party or speculator or made use of any other scheme
with regard to (a) furnishing supplies (b) the making of contracts, or (c) the adjustment or settlement of
account relating to a public property or funds.
4.
Notes:
1.
2.
The felony is consummated by merely entering into an agreement with any interested party or speculator or
by merely making use of any scheme to defraud the Government
1.
The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts.
2.
demanding, directly or indirectly the payment of sums different from or larger than those authorized
by law, or
2.
failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially, or
3.
Notes:
1.
Mere demand of a larger or different amount is sufficient to consummate the crime. The essence is the
improper collection (damage to govt is not required)
2.
If sums are received without demanding the same, a felony under this article is not committed. However, if
the sum is given as a sort of gift or gratification, the crime is indirect bribery
3.
When there is deceit in demanding larger fees, the crime committed is estafa
4.
5.
Officers and employees of the BIR or Customs are not covered by the article
6.
Article 214
1.
2.
3.
That he commits any of the frauds or deceits enumerated in art. 315 and 316. (estafa; swindling)
Note: RTC has jurisdiction over the offense because the principal penalty is disqualification
Article 215
1.
2.
3.
That the transaction takes place within the territory subject to his jurisdiction.
4.
Notes:
1.
Examples of transactions of exchange or speculation are: buying and selling stocks, commodities, land etc
wherein one hopes to take advantage of an expected rise or fall in price
2.
Purchasing of stocks or shares in a company is simple investment and not a violation of the article.
However, regularly buying securities for resale is speculation
Article 216
POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :
1.
Public officer in any contract or business in which it is his official duty to intervene.
2.
Experts, arbitrators and private accountants in any contract or transaction connected with the estate or
property in the approval, distribution or adjudication of which they had acted.
3.
Guardians and executors with respect to property belonging to their wards or the estate.
Notes:
1.
2.
Act is punished because of the possibility that fraud may be committed or that the officer may place his own
interest above that of the Government or party which he represents
1.
Any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly
through dummies, nominees, agents, subordinates, and/or business associates by any combination or series of the
following means or similar schemes:
1.
Through misappropriation, conversion, misuse or malversation of public funds or raids on the public
treasury.
2.
By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in connection with any government contract or project or by
reason of the office or position of the public officer concerned;
3.
By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any
of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their
subsidiaries;
4.
By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other form of
interest or participation, including the promise of future employment in any business enterprise or undertaking.
5.
6.
By taking undue advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense and to the damage or prejudice of the Filipino people and the
Republic of the Philippines.
1.
Persons Liable:
1.
Any public officer who, by himself or in connivance with members of his family, relatives by affinity
or consanguinity, business associates and subordinates or other persons, amasses, accumulates, or
acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under
(I) in the aggregate amount or total value of at least 50 million pesos, shall be guilty of the crime of
plunder (as amended by RA 7659).
2.
Any person who participated with the said public officer in the commission of plunder.
1.
Jurisdiction: All prosecutions under this At shall be within the original jurisdiction of the Sandiganbayan.
1.
Rule of Evidence:
For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done
by the accused in furtherance of the scheme and conspiracy to amass, accumulate or acquire ill-gotten wealth, it
being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall
unlawful scheme or conspiracy.
1.
Prescription of Crime:
The crime of plunder shall prescribe in 20 years. However, the right of the State to recover properties unlawfully
acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches
or estoppel.
Article 217
1.
That the offender be a public officer (or private person if entrusted with public funds or connived with public
officers)
2.
That he had the custody or control of funds or property (if not accountable for the funds, theft or qualified
theft)
3.
That those funds or property were public funds or property (even if private funds if attached, seized,
deposited or commingled with public funds)
4.
That he:
1.
2.
3.
Consented or, through abandonment or negligence, permitted any other person to take such public
funds or property. (it is not necessary that the offender profited thereby. His being remiss in the duty of
safekeeping public funds violates the trust reposed)
In determining whether the offender is a public officer, what is controlling is the nature of his office and not
the designation
The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa
When a public officer has official custody or the duty to collect or receive funds due the government, or the
obligation to account for them, his misappropriation of the same constitutes malversation
A public officer who has qualified charge of govt property without authority to part with its physical
possession upon order of an immediate superior, he cannot be held liable under this article
Private individuals can also be held liable for malversation under 2 circumstances:
1.
2.
when they have charge of national, provincial or municipal funds, revenues or property in any capacity
In malversation through negligence, the negligence of the accountable public officer must be positively and
clearly shown to be inexcusable, approximating fraud or malice
The measure of negligence to be observed is the standard of care commensurate with the occasion
When malversation is not committed through negligence, lack of criminal intent or good faith is a defense
The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any
authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal
use. However, if at the very moment when the shortage is discovered, the accountable officer is notified, and
he immediately pays the amount from his pocket, the presumption does not arise
There is also no malversation when the accountable officer is obliged to go out of his office and borrow the
amount corresponding to the shortage and later, the missing amount is found in an unaccustomed place
A person whose negligence made possible the commission of malversation by another can be held liable as
a principal by indispensable cooperation
Malversation (217)
Article 218
1.
That the offender is a public officer, whether in the service or separated therefrom.
2.
3.
That he is required by law or regulation to render accounts to the commission on audit, or to a provincial
auditor.
4.
That he fails to do so for a period of two months after such accounts should be rendered.
Article 219
1.
2.
3.
That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the
Commission on Audit a certificate showing that his accounts have been finally settled.
Note: The act of leaving the Philippines must be unauthorized or not permitted by law
Article 220
1.
2.
3.
That such public fund or property has been appropriated by law or ordinance (without this, it is simple
malversation even if applied to other public purpose).
4.
That he applies the same to a public use other than for which such fund or property has been appropriated
by law or ordinance.
To distinguish this article with Art 217, just remember that in illegal use of public funds or property, the
offender does not derive any personal gain, the funds are merely devoted to some other public use
Article 221
1.
2.
1.
2.
3.
Article 222
1.
Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue,
or property
2.
Administrator or depositary of funds or property that has been attached, seized or deposited by public
authority, even if owned by a private individual
A judicial administrator in charge of settling the estate of the deceased is not covered by the article
Article 223
1.
2.
That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by
final judgment.
3.
4.
Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or public
offense
The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by
law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty
constitutive of infidelity
There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a
relaxation of his imprisonment
Article 224
1.
2.
That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by
final judgment.
3.
4.
The article punishes a definite laxity which amounts to deliberate non-performance of a duty
The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford
complete exculpation
1.
2.
if he is a detention prisoner, he does not incur criminal liability (unless cooperating with the offender).
Article 225
1.
2.
That the conveyance or custody of a prisoner or person under arrest is confined to him.
3.
4.
That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes
place through his negligence
Note: This article is not applicable if a private person made the arrest and he consented to the escape of the
person he arrested
Article 226
1.
2.
3.
That the said document or paper should have been entrusted to such public officer by reason of his office.
4.
That damage, whether serious or not, to a third party or to the public interest should have been caused.
The document must be complete and one by which a right could be established or an obligation could be
extinguished
A post office official who retained the mail without forwarding the letters to their destination is guilty of
infidelity in the custody of papers
Removal of a document or paper must be for an illicit purpose. There is illicit purpose when the intention of
the offender is to:
1.
tamper with it
2.
to profit by it
3.
Removal is consummated upon removal or secreting away of the document from its usual place. It is
immaterial whether or not the illicit purpose of the offender has been accomplished
Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit
purpose
Delivering the document to the wrong party is infidelity in the custody thereof
Article 227
1.
2.
3.
4.
It is the breaking of the seals and not the opening of a closed envelope which is punished
Article 228
1.
2.
That any closed papers, documents, or objects are entrusted to his custody.
3.
4.
Article 229
REVELATION OF SECRET BY AN OFFICER:
1.
2.
3.
4.
5.
(damage is essential)
Notes:
1.
2.
3.
Espionage for the benefit of another State is not contemplated by the article. If regarding military secrets or
secrets affecting state security, the crime may be espionage.
1.
2.
3.
4.
5.
6.
Notes:
1.
Charge: means custody or control. If he is merely entrusted with the papers and not with the custody
thereof, he is not liable under this article
2.
If the papers contain secrets which should not be published, and the public officer having charge thereof
removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the other hand,
if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents
3.
Article 230
1.
2.
3.
If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by an attorney)
Article 231
1.
2.
3.
That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority
and issued with all the legal formalities.
4.
that the offender without any legal justification openly refuses to execute the said judgment, decision or
under which he is duty bound to obey.
Note: Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal
solemnities required
Article 232
1.
2.
3.
That he has for any reason suspended the execution of such order.
4.
That his superior disapproves the suspension of the execution of the order.
5.
That the offender disobeys his superior despite the disapproval of the suspension.
Note: A public officer is not liable if the order of the superior is illegal
Article 233
1.
2.
That a competent authority demands from the offender that he lend his cooperation towards the
administration of justice or other public service.
3.
Demand is necessary
Article 234
1.
2.
3.
That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.
Note: Even if the person did not run for the office on his own will as the Constitution provides that every
citizen may be required to render service
Article 235
1.
2.
That he has under charge a prisoner or detention prisoner (otherwise the crime is physical injuries)
3.
by overdoing himself in the correction or handling of a prisoner or detention prisoner under his
charge either
1.
by maltreating such prisoner to extort a confession or to obtain some information from the prisoner.
The public officer must have actual charge of the prisoner in order to be held liable
To be considered a detention prisoner, the person arrested must be placed in jail even for just a short while
Offender may also be held liable for physical injuries or damage caused
Article 236
1.
That the offender is entitled to hold a public office or employment, either by election or appointment.
2.
That the law requires that he should first be sworn in and/or should first give a bond.
3.
That he assumes the performance of the duties and powers of such office.
4.
That he has not taken his oath of office and./or given the bond required by law.
Article 237
1.
2.
That the period provided by law, regulations or special provisions for holding such office has already expired.
3.
Note: The article contemplates officers who have been suspended, separated or declared over-aged or
dismissed
Article 238
1.
2.
3.
4.
The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties
consisting of preventing, prosecuting or punishing any of the crimes against national security. The penalty is
higher. This involves the following crimes:
1.
treason
2.
3.
misprision of treason
4.
espionage
5.
6.
violation of neutrality
7.
8.
9.
10.
rebellion
11.
12.
13.
inciting to rebellion
14.
sedition
15.
16.
inciting to sedition
Article 239
1.
2.
That he (a.) makes general rules or regulations beyond the scope of his authority or (b.) attempts to repeal a
law or (c.) suspends the execution thereof.
Article 240
1.
2.
That he (a.) assumes a power pertaining to the executive authorities, or (b.) obstructs executive authorities
in the lawful exercise of their powers.
Note: Legislative officers are not liable for usurpation of executive functions
Article 241
1.
2.
That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order decision rendered by any
judge within his jurisdiction.
Note: A mayor is guilty under this article when he investigates a case while a justice of the peace is in the
municipality
Article 242
1.
2.
3.
That there is a question brought before the proper authority regarding his jurisdiction, which is not yet
decided.
4.
That he has been lawfully required to refrain from continuing the proceeding.
5.
Article 243
1.
2.
3.
That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the
courts of justice.
Note: Legislative or judicial officers are not liable under this article
Article 244
1.
2.
3.
4.
That the offender knows that his nominee or appointee lacks the qualification at the time he made the
nomination or appointment.
Recommending, knowing that the person recommended is not qualified is not a crime
There must be a law providing for the qualifications of a person to be nominated or appointed to a public
office
Article 245
1.
2.
3.
interested in matters pending before the offender for decision, or with respect to which he is
required to submit a report to or consult with a superior officer, or
2.
under the custody of the offender who is a warden or other public officer directly charged with care
and custody of prisoners or person under arrest, or
3.
the wife, daughter, sister or relative within the same degree by affinity of the person in the custody
of the offender
The mother of the person in the custody of the public officer is not included
Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman