ART 114 Treason PP vs PEREZ, GR NO L-856, April 18, 1949

..levies war against the Philippines or adheres to her enemies, giving them aid sexual and social relations with the Japanese did not directly and materially
or comfort.. tend to improve their war efforts or to weaken the power of the United States.

the highest of crimes known to law whatever favourable effect the defendants collaboration with the Japanese
might have in their prosecution of the war trivial, imperceptible, and
Elements: unintentional.

1. The offender owes allegiance to the government; Acts constituting treason

2. That there is a war that the Philippines is involved;
3. The offender (A) levies war against the government, or (B) adheres Furnishing the enemy with:
to the enemies, giving them aid or comfort
1. Arms
[SIR EMPAHASIZED THE CASE OF Laurel vs Misa] 2. Troops
3. Supplies
Allegiance 4. Information
5. Means of transportation
Allegiance may be:
Taking active part in mass killings of civilians by Japanese soldiers.
Permanent (citizen)
Mere membership
Temporary (resident alien)
Being a member of the Makapili.
Par. 3 of the article specifically provides that resident aliens can commit treason.
Such membership by its very nature gave the enemy aid and comfort. (PP vs
Treason ADRIANO, GR NO L-477, June 30, 1947)

War-time offense Acts not constituting treason

Treason may be incubated when peace reigns. Treasonable acts may actually be Acceptance of public office and discharge of public function.
perpetrated during peace, but there are no traitors until war has started.
(LAUREL VS MISA, GR NO L-409, January 30, 1947) Except: if position is highly responsible or policy-determining.

Modes of committing treason Mere governmental work.

levy war Membership in the constabulary or police force.

adhering to the enemy
In both types of treason the purpose is to deliver the country to a foreign power.
Levying War
Levy- enlist troops for military service, often by force. The assembling of a body
of men for the purpose of effecting by force a treasonable object. (Black)
Actual assembly of men. (US vs DELOS REYES)
Except: active participation in apprehension of guerrillas.
Causing the arrest of guerrillas committing common crimes.
..the circumstance remains that said arrest was effected as a result of the
common crime of arson. That the matter had no treasonous significance is
shown by the further fact that those arrested were confined for almost the whole
period of their detention in the provincial jail, and not in the Japanese garrison.
(PP vs DUMAPIT, GR NO L-743, October 11, 1949)

Treason 2nd type Treason and other common crimes

In the second from of treason the elements are: We think this is error. The tortures and murders set forth in the information are
merged in and formed part of treason. They were in this case the overt acts
1. Adherence which, besides traitorous intention, supplied a vital ingredient in the crime.
2. Aid and comfort Emotional or intellectual attachment and sympathy with the foe unaccompanied
by the giving of aid and comfort is not treason. The defendant would not be
One without the other is NOT treason. guilty of treason if he had not committed the atrocities in question. (PP vs
ROBLE, GR NO L-433, 1949 March 02, 1949)
Adherence
Common crimes not related to treason
There is adherence when one intellectually or emotionally favors the enemy and
harbors sympathies or convictions disloyal to his countrys policy or interest. but the law does abhor inhumanity and the abuse strength to commit acts
unnecessary to the commission of treason. There is no incompatibility between
treason and decent, human treatment of prisoners. Rapers, wanton robbery for
Aid or comfort
personal gain, and other forms of cruelties are condemned and the perpetration
of these will be regarded as aggravating circumstances of ignominy and of
Render assistance to them as enemies deliberately augmenting unnecessary wrongs to the main criminal objective
Directly in furtherance of the enemies hostile designs under paragraphs 17 and 21 of Article 14 of the Revised Penal Code. (Robles)

PP vs AGONCILLO, GR NO L-985, 1948 The alternatives are therefore:

as said articles or materials were not exclusively for war purposes, their sale did Charge the offender with treason, with the other crimes as an inherent
not necessarily carry an intention on the part of the vendor to adhere to the element or, in the proper case, an aggravating circumstance
enemy.
Charge the offender with the common crimes instead of treason
Quantum of Evidence Espionage distinguished from Treason

The rule is for the accused to be convicted of treason either: ESPIONAGE TREASON

1. two (2) witness must testify to the same overt act; or not conditioned upon Must be a citizen or
citizenship or allegiance resident alien
2. the accused must confess in open court may be committed in times
of peace. War-time offense
PP vs APOLINAR ADRIANO, GR NO L-477, 1947 June 30, 1947 Can be committed in Two ways of committing
several ways (ART 117
every act, movement, deed and word of the defendant charged to constitute and CA 616)
treason must be supported by the testimony of two witnesses.

each of the witnesses must testify to the whole of the overt acts; or, if it is
separable, there must be two witnesses to each part of the overt acts. ART 118. Inciting to War

The two-witness rule Elements:

If the two witnesses testified to two different acts even if they refer to 1. Unauthorized or unlawful acts.
the same allegation, the requirement is not fulfilled. 2. Provoke or give occasion for war or expose Filipinos to reprisals.
The testimony of the two witnesses need not be identical as long as
they establish the same overt act. It is the effect of the act rather than the intent of the offender that is considered.
This rule is so restrictive that both testimonies must be credible o/w
the accused is entitled to an acquittal. ART 119. Violation of Neutrality

ART 115. Conspiracy and proposal Elements:

Mere conspiracy or proposal to commit treason is punishable. 1. There is a war the Phil is not involved with.
2. There is a regulation issued for the purpose of enforcing neutraility.
Two-witness rule is not applicable. 3. The offender violates the said regulation.

Two witness rule is not applicable ART 120. Correspondence with hostile country

..that the crime of conspiring to commit treason is a separate and distinct Types of correspondence:
offense from the crime of treason, and that this constitutional provision is not
applicable in such cases. (US vs BAUTISTA, GR NO 2189, November 3, 1. Prohibited.
1906) 2. Carried in ciphers or conventional signs.
3. Useful to the enemy or intended to aid the enemy.
ART 116. Misprision
Prohibited communications/ciphers
The offender does not inform the proper authorities that there exists a conspiracy
to commit treason. Prohibited communication, the content or intent is immaterial.
Ciphers, conventional signs or useful to or intended to aid the enemy,
Elements: the communication need not be prohibited.

1. The offender owes allegiance to the Government, not being a ART 121. Flight to enemys country
foreigner.
2. He has knowledge of a conspiracy to commit treason. War-time offense.
3. He conceals or does not disclose and make known as soon as possible
to the governor or fiscal of province or mayor or fiscal of city in
Offender may be an alien (resident alien)
which he resides.
There must be a prohibition.
Penalty for Misprision
Mere attempt is what is punished.
The offender is actually a principal but is punished as an accessory.
ART 122. Piracy
The offender is not an accessory to treason.
Hostes Humani Generis (Enemies of the Human Race)
ART 117 Espionage
Elements:
Two ways of committing espionage.
1. Vessel (phil. seas or high seas)
1. Entering a warship, fort, naval or military establishment or
2. Not members of its compliment or passengers.
reservation.
3. Offenders (a) attack or seize vessel or (b) size cargo, equipment or
2. Disclosing articles, data or information relative to the defense of the
belongings of the compliment or passengers.
Philippine Archipelago.
High Seas
Entry
The jurisdiction of piracy unlike all other crimes has no territorial limits. As it is
In the first type- entering the prohibited area. against all so may it be punished by all. Nor does it matter that the crime was
Not necessary that the information is actually obtained. The purpose committed within the jurisdictional 3-mile limit of a foreign state, for those
of entering the area must be obtained. The purpose of entering the limits, though neutral to war, are not neutral to crimes. (PEOPLE OF THE
area must be to obtain information. PHILIPPINE ISLANDS vs LO-LO and SARAW, GR NO L-17958, 1922
The person may be a citizen or a foreigner, a public officer or private February 27)
individual.
Piracy (RPC) or Robbery Who commits the felony

Strangers- piracy In arbitrary detention the public officer must be one who:

Crew or passengers- robbery Is vested with authority to detain (policeman)

Is vested with authority to order (judge)
Mutiny
*if the offender is a public officer nor authorized to detain/order detention-
at sea, mutiny consists on attempts to usurp the command of the vessel from the Illegal Detention
master, or to deprive him in the free and lawful exercise of his authority, the
overthrowing of the legal authority of the master, with an intent to remove him, Detention is not limited to actual confinement.
against his will, and the like.
Confinement in an enclosure
(Phil. Law Dictionary) Deprive one of liberty
Placed in confinement
MUTINY PIRACY Restraint on his person

Members of the crew or passengers Strangers to the vessel Can move in and out of prison but under surveillance (CAMERINO)

Intent is to usurp, overthrow, or Intent to gain Could not leave the barangay (ASTORGA)
remove the commander of the vessel
Detains another without legal grounds

GELLADO, 15 Phil 120 quarrelling with barangay lieutenants daughter;

Piracy and PD 532, PP vs TULIN, GR NO 111709, August 30, 2001
TARUC vs CARLOS, 78 Phil 876 mere suspicion that Taruc was part of the
To summarize, ART 122 of the RPC, before its amendment, provided that piracy plot to assassinate the President;
must be committed on the high seas by any person not a member of its
compliment nor a passenger thereof. Upon its amendment by RA 7659, the CAYAO vs DEL MUNDO, AM NO MTJ-93-813 (1993) overtaking another
coverage of the pertinent provision was widened to include offenses committed vehicle
in Philippine waters.
ART 125. Delay in the delivery of detained persons.
On the other hand, under PD 532 (issued in 1974), the coverage of the law on
piracy embraces any person including a passenger or member of the Elements:
compliment of said vessel in Philippine waters. Hence, passengers or not, a
member of the complement or not, any person is covered by the law. 1. Offender is a public officer or employee
2. He detains another for some legal ground.
RPC PD 532 3. He fails to deliver the detained person to the proper judicial
authorities within the periods prescribed (12, 18 and 36 hrs.) before
Not a passenger nor a member of the Any person the periods were 6, 9 and 18 hours.
complement or crew
Warrantless arrest
High seas or Philippine waters Philippine waters (attack or seizure)
Rule 113, Section 5, Revised Rules of Court

a. In his presence, person to be arrested has committed, actually

ART 123. Qualified Piracy committing or is attempting to commit and offense
b. When an offense has just been committed and he has probable cause
Qualifying circumstances. to believe based on personal knowledge of facts and circumstances
that the person to be arrested has committed it.
1. Offenders boarded or fired upon the vessel that they seized. c. A person who has escaped from legal detention.
2. Offenders abandoned their victims without means of saving
themselves. Failure to deliver to the proper judicial authorities
3. The crime is accompanied by murder, homicide, physical injuries or
rape. This does not mean the physical delivery of the person but rather the filing of an
information or complaint with the corresponding court or judge, who has the
RA 6235 Anti-Hijacking Law jurisdiction to issue a warrant of arrest or an order of commitment of the
prisoner.
The violation mainly consists in compelling a change in course or destination of
an aircraft. The periods do not include Sundays, official holidays or no office days.

Qualifying circumstances are: As aptly pointed out y the respondents insofar as the complaint of Rodulfo Soria
is concerned, based on applicable laws and jurisprudence, an election day or a
1. Firing upon the pilot, crew or passenger. special holiday, should not be included in the computation of the period
2. Exploded or attempted to explode a bomb to destroy the aircraft. prescribed by law for the filing of complaint/information in courts in cases of
3. Crime is accompanied by murder, homicide, serious physical injuries warrantless arrests, it being a no-office day (SORIA vs DESIERTO, GR NO
or rape. 153524-25, Han 31, 2005)

ART 124. Arbitrary Detention ART 126. Delaying Release

Elements: Acts punished:

1. Offender is a public employee 1. Delaying the performance of a judicial or executive order for the
2. He detains another. release of a prisoner.
3. The detention is without legal grounds 2. Delay the service of the notice of such order.
 3. Delay the proceedings for the liberation of such person. ART 130. Searching Domicile without Witnesses.

ART 127. Expulsion The offender uses a legally procured warrant and conducts a search w/o the
owner, member of his family or two witnesses residing in the locality.
Acts punished:
The offender searches the domicile or papers or other belongings of any person.
1. Expelling a person from the Phils. (persona non grata) The papers or other belongings must be inside the dwelling (domicile).
2. Compelling a person to change residence (destierro)
Witness required
ART 128. Violation of Domicile
Owner
Common elements: Any member of his family
Two witnesses residing in the same locality
Offender is a public employee
He is not authorized by judicial order to (a) enter, or (b) search
papers or effects therein (domicile).
ART 131. Prohibition, Interruption and Dissolution of Peaceful Meetings.
Acts punished:
Acts punished:
1. Entering a dwelling against the will of the owner.
2. Searching papers or other effects without the previous consent of the 1. The offender prohibits, interrupts, w/o legal ground, the holding of a
owner. peaceful meeting or dissolves the same; or
3. Refusing to leave, after having surreptitiously entered and required to 2. Hinders a person from joining a lawful association or attending its
leave. meetings; or
3. Prohibits or hinders another from addressing any petition to the auth
ART 129 for correction of abuses or redress of grievances.

Two acts punished: Offender

1. Obtaining a warrant maliciously Must be a public officer or employee.

2. Exceeding authority or use of unnecessary force in the
implementation of a warrant lawfully obtained. A private individual cannot commit this crime.

Elements of procuring warrant Must not be a participant of the meeting.

1. Public officer or employee; ART 132. Interruption of Religious Worship

2. Procures a search warrant;
3. No just cause. Elements:

Kinds of property subject of a Search Warrant 1. Offender is public officer/employee;

2. Religious ceremonies/manifestations of any religion are about to take
Subject of the offense; place;
Fruits of the offense; 3. Offender prevents or disturbs the same
Used or intended to be used as a means of committing an offense.
Not just a religious meeting
UY KHEYTIN vs VILLAREAL, GR NO 16009 September 21, 1920
The offender must interrupt a religious ceremony or manifestation of any
the warrant is not allowed for the purpose of obtaining evidence of an intended religion and not just a meeting.
crime: but only after lawful evidence of an offense actually committed.
ART 133. Offending the Religious Feelings.
Test that a warrant is maliciously procured.
Elements:
Whether the affidavit filed in support of the application for the SW has been
drawn in such a manner that perjury (ART 183 RPC) could be charged thereon 1. The acts complained of were performed (1) in place devoted to
and affiant be held liable for damages caused. religious worship, or (2) during the celebration of any religious
ceremony;
Evidence may be received of the facts after the issuance of the warrant to 2. The acts must be notoriously offensive to the feelings of the faithful.
prove that the same has been maliciously procured.
Place where acts are committed
It is clear to our mind that said attempt to extort money, even If effected after the
issuance of the search warrant, but prior to the release of the complainant, is The acts are committed in:
relevant to the question whether or not said was illegally procured, owing to the
obvious tendency of the aforementioned circumstance, if proven, to establish Place devoted to religious worship (ceremony need not be had during
that the accused was prompted by the desire to get money from the said the commission)
complainant. (PP vs DE LA PENA, GR NO L-8474, September 30, 1955) During the celebration of any religious ceremony (need not be in a
place devoted to religious worship)

Acts notoriously offensive

Elements of exceeding authority
There must be a deliberate intent to hurt the feelings of the faithful.
1. Public officer or employee;
2. Legally procured search warrant; this criminal and devouring beast; these parents are fools for having taught their
3. Exceeds authority uses unnecessary severity in executing the same. children the sign of the cross for that is the big devil himself, troublesome; here
again are the fools of the devoutring beast, the Pope (GESULGA)
ART 134. Rebellion; elements On the occasion of a rebellion.

1. Public uprising by taking up arms against the government. An unintended effect of an activity that constitutes rebellion.
2. The purpose is:
a. To remove from the allegiance to said Govt or its laws: Ex. Committing a common crime to escape capture or arrest.
i. Territory of the Phils or any part thereof;
ii. Any body of land, naval or other armed forces; ART 134-A Coup detat.
b. To deprive the Chief Executive or Congress, any of its
powers or prerogatives. Coup detat is actually the crime of MUTINY under the Articles of War.

Taking up arms The attack is on any military camp, or installation, communication networks,
public utilities or other facilities needed for the continued exercise and
Civil war possession of power.
Public uprising and taking up of arms
Purpose Elements
Actual clash not necessary
1. Belongs to the military or police or holding any public office or
Purpose must be clear employment.
2. Swift attack accompanied
Evidence that persons who burned the radio facilities shouted Mabuhay and by Violence, Intimidation, Threat, Strategy or stealth.
NPA does not furnish logical conclusion that they are member [sic] of the NPA
or that their acts was an act of rebellion or insurrection. (DBP POOL OF 3. Directed against duly constituted authorities, military
ACCREDITED INSURANCE COMPANIES vs RADIO MINDANAO camp/installation, communication network, public utilities, or
NETWORK, INC., GR NO 147039, 2006 January 27, 2006) facilities needed for the exercise and continued possession of power.

Political motivation must be shown 4. Purpose is to diminish State power.

..the political motivation for the crime must be shown in order to justify finding
the crime committed to be rebellion. Merely because it is alleged that appellants
were members of the Moro Islamic Liberation Front or of the Moro National
Liberation Front does not necessarily mean that the crime of kidnapping was
committed in furtherance of a rebellion. (PP vs ABDILA SILONGAN Y
LINANDANG, GR NO 137182, 2003 April 24)
Burden of proof on the defense.
ART 135. Penalties
A person in the government service who participates or executes directions or
commands of others is qualifying.
If the rebellion is under the command of unknown leaders, those who in fact
directed, spoke for them, signed receipts of performed similar acts shall be
deemed leaders.

the political motive of the act should be conclusively demonstrated. In such ART 136. Conspiracy and Proposal
cases the burden of demonstrating political motive falls on the defense,
Mere conspiracy or proposal to commit the crimes of coup detat, rebellion or
..both purpose and overt acts are essential components of the crime. With either insurrection is punishable under this article.
of these elements wanting, the crime of rebellion legally does not exist
(OFFICE OF THE PROVINCIAL PROSECUTOR OF ZAMBOANGA DEL ART 137. Disloyalty of public officer.
NORTE vs COURT OF APPEALS, GR NO 125796, 2000 Dec 27)
There must be an on-going rebellion for this felony to be committed.
Rebellion as a continuing crime
Acts:
Unlike other so-called common offenses, i.e. adultery, murder, arson, etc.,
which generally end upon their commission, subversion and rebellion are 1. Failing to resist by all means in their power.
anchored on an ideology base which compels the repetition of the same acts of 2. Continuing to discharge the duties of their office under the control of
lawlessness and violence until the overriding objective of the overthrowing rebels.
organized government is attained (UMIL vs RAMOS, GR NO 81567, Oct 3, 3. Accepting appointment to office under the control of rebels.
1991)
ART 138 Inciting to Rebellion or Insurrection
Warrantless arrest in rebellion
Elements:
mere suspicion of being a Communist Party member or a subversive is
absolutely not a ground for the arrest without warrant of the suspect. (umil) 1. Offender does not take arms/not in open hostility against the
government.
There is still a need to comply with the constitutional requirements of a valid 2. He incites others to acts constituting rebellion.
warrantless arrest. 3. It is by means of speeches, proclamations, writings, emblems,
banners or other representaions tending to the same end.
Subversion Act (Act No. 1700)
Inciting and proposal
The Subversion (Act 1700) which penalizes membership in any organization or
association committed to subvert the Government was repealed by RA 7636, Oct Inciting to rebellion
11, 1992.
-Not required that offender himself has decided to commit rebellion
No complex crime in rebellion.
-Done publicly
Under Hernandez ruling, there is no complex crime of rebellion with murder and
other common crimes. This rule should only apply to common crimes committed Proposal to commit rebellion
in pursuance or on the occasion of rebellion.
-Offender himself has decided to commit rebellion
If the crime is done for private purposes or profit, without any political
motivation the crime should be separately punished.
-Done secretly
ART 139. Sedition Means

1. A public uprising that is tumultuous a. Inciting others by means of speeches, proclamations, writings,
2. The offender employ: emblems, cartoons, banners, or other representation tending to the
-force same end.
-intimidation, or b. Uttering seditious speeches which tend to disturb the public peace
-other means outside of legal methods c. Writing, publishing or circulating scurrilous libels against the
government or any duly constituted authority thereof, which tend to
PURPOSE OF SEDITION. disturb the public peace
d. Knowingly concealing such evil practices.
3. the offenders purpose is to attain any of the ff:
PP vs PEREZ, GR No. 21675 December 22, 1923
a. to prevent the promulgation or exec of any law or holding
of any popular election; The Filipinos, like myself, must use bolos for cutting off Woods head for
b. to prevent the National Government, provincial or having recommended a bad thing for the Filipinos, for he has killed our
municipal government, or any public officer from freely independence.
exercising his functions, or prevent the exercise of any
administrative order;
c. to inflict any act of hate or revenge upon the person or
property of any public officer or employee; Seditious words.
d. to commit, for political or social ends, any act of hate or
revenge against any private person or any social class; and In the words of the law, Perez has uttered seditious words. He has made a
e. to despoil, for any political or social end, any person,
statement and done an act which tended to instigate others to cabal or meet
municipality, or provincial or the National Government of together for unlawful purposes. He has made a statement and done an act which
all its property or any part thereof. suggested and incited rebellious conspiracies. He has made a statement and done
an act which tended to strip up the people against the lawful authorities. He has
Tumultuous made a statement and done an act which tended to disturb the peace of the
community and the safety or order of the Government. (PP vs PEREZ, GR No.
In sedition, there must be at least 4 offenders because ART 153 defines 21049, December 22, 1923)
tumultuous as caused by more than three persons who are armed or provided
with means of violence. overthrow the present government and establish our own government, the
government of the poor. Use your whip so that there may be marks on their
The elements of public uprising and the object must both be present o/w there is sides. (PP vs NABONG, 57 Phil 455)
no sedition.
The seditious tendency must be clear.
Unlike in rebellion there is no prohibition to complex sedition with other
common crimes. ..anyone reading these dramas or seeing them presented could not fail to
understand their seditious tendencies. (THE UNITED STATES vs JUAN
Instances of sedition ABAD)

In UMALI, 96 Phil 185, while the offenders were many (50) and they REBELLION SEDITION
were armed, the purpose was clearly to attack Mayor Punzalan.
Public uprising and taking up arms Rising publicly and tumultuous.
In TAHIL vs TARSON, 52 Phil 318, the soldiers were prevented
from freely exercising their functions as they were prevented from Remove.. No.s 1-5, ART 139
implementing the warrant of arrest against on Datu Tahil.
Deprive
In CABRERA, 53 Phil 64, the act was in violation of by firing on
policemen, a passing street car, and the police station.
Other acts punishable Other acts punishable
In LAPUS, 4 Phil 148, the act was in violation of, their acts were -conspiracy -conspiracy
directed against the wealthy who were charging usurious rates.
-proposal -inciting
Public Uprising must concur with object of sedition.
-inciting
APURADO- no public uprising, the crowd was not armed and they were fairly
orderly and well-behaved.
Absorbs common crimes Does not absorb common crimes
MENDOZA object/purpose was not known. The accused attacked a truck
carrying policemen.
ART 143. Acts tending to prevent the meeting of the Assembly and other
bodies.
ART 141. Conspiracy to commit sedition
Elements:
Proposal to commit sedition is not a felony.
1. That there be a projected or actual meeting;
ART 142. Inciting to sedition
2. The offender prevents such meeting by force or fraud.
Acts punished:
The meeting that may be prevented
1. Inciting others to the accomplishment of any act which constitutes
- National assembly..;
sedition.
- Constitutional commission.;
2. Uttering seditious words or speeches which tend to disturb public
- Provincial boards;
peace.
3. Writing, publishing, or circulating scurrilous libels which tend to - City council;
disturb the public peace. - Municipal council.
ART 144. Disturbance of proceedings. 1st Form, elements

Elements: 1. Offender employs force or intimidation;

2. Aim is to attain any of the purposes of rebellion or objects of
1. Meeting of the National Legislature, Constitutional Commissions, sedition;
Local Legislature. 3. No public uprising
2. The offender (any person):
a. Disturbs the meeting, or 2nd Form, elements
b. Behaves in such a manner that it:
i. Interrupts the proceedings, or 1. Offender, attacks, employs force, seriously intimidates, seriously
ii. Impairs the respect due resists;
2. A person in authority or his agent;
ART 145. Violation of Parliamentary immunity. 3. A person in authority or his agent is engaged in actual performance
of duties or is assaulted on occasion of such performance;
Acts punished: 4. Offender knows victim is a person in authority or his agent in the
exercise of his duties;
Using force, intimidation, threats, or fraud to prevent the member to 5. No public uprising.
attend, express his opinion or cast his vote.
Arresting or searching a member of the National Legislature

Two acts punished. Person in authority/agent

1st Purpose is to prevent member to attend, express his opinion or cast his vote Person in authority person directly vested with jurisdiction.

2nd Offender arrest or searches a member who has committed a crime Agent - person charged with the maintenance of public order and protection and
security of life and property.
Except: When crime is punishable higher than Prision Mayor
Person in authority
ART 146. Illegal Assemblies
Vested with jurisdiction power or authority to govern and execute the laws.
Any meeting attended by armed persons for the purpose of committing any of
the crimes punishable under the RPC. Ex:

Any meeting in which the audience is incited to commit treason, rebellion or 1. Mayor
insurrection, sedition or assault. 2. Division Superintendent of Schools
3. President of Sanitary Division
Persons Liable. 4. Teachers, provisions (by express provision of law)
5. Barangay Captain or Barangay Chairman
1. Organizers and leaders of the meeting.
2. Persons present at the meeting
Agents of persons in authority
ART 147. Illegal Associations
Whether by election or appointment charged with maintenance of public order
Illegal Associations: and security of life and property.

1. Totally or partially organized for the purpose of committing any of Ex:

the crimes in the RPC.
2. Totally or partially organized for some purpose contrary to public 1. Policeman
morals. 2. Barrio councilman (Brgy. Councilor)
3. Barrio policeman (Brgy. Tanod)
Persons liable 4. A person who comes to the aid of a person in authority

1. Founders, directors, president Matter of law

2. Members
As to whether a public officer or employee is a person in authority is a matter of
ASSEMBLY ASSOCIATION law, therefor, ignorance thereof is not an excuse. As the law provides,
ignorance of the law excuses no one.
Actual meeting or assembly Meeting or assembly not necessary
US vs ALVEAR, GR No. 11941, December 7, 1916
Meeting and attendance at such
meeting punished A conviction of the grave offense of atentado (assault upon or resistance offered
to persons in authority or their agents) cannot be sustained in any case in which
a reasonable doubt arises as to whether the accused knew or ought to have
known that the persons assaulted or resisted were in fact persons in authority or
their agents; provided that the assault or resistance offered would have been
justifiable in the event that the persons assaulted have not been persons in
authority or their agents.
ART 148. Direct Assault
QUESTION OF LAW against QUESTION OF FACT.
Two ways of committing direct assault:
It is not an excuse to say that one does not know that a mayor is a person in
1. Employing force and intimidation to attain any of the purposes of
authority or a policeman is an agent of a person in authority.
rebellion and sedition.
2. Attacking, employing force, seriously intimidating or seriously
resisting any person in authority or his agents while engaged in the But if it is questionable if the person knows that the person is a policeman
performance of official duties, or on occasion of such performance. (Alvear), then the crime of direct assault is not committed.
Employ Force A complex crime usually results whenever the crime of direct assault is
committed.
Persons in authority need not be of a serious character because
when the offender lays hands on a person in authority, crime is Ex:
qualified.
Agent must of a serious character.
Murder with direct assault
Attempted Homicide with Direct Assault
Degree of Force
*Light felonies, e.g. Slight Physical Injuries, cannot be complexed with other
Serious: crimes.
-The three offenders struck a policeman several times with a club. (RIVERA vs
Art. 149. Indirect Assault
PP, GR No 138553, June 30, 2005)
Elements:
Not serious:
1. A person in authority or his agent is the victim of direct assault.
-Hitting a policeman on the breast with the fist. (US vs TABIANA, 37 Phil 515)
2. A person comes to the aid of such person in authority
3. Offender makes use of force or intimidation upon such person
-Pushing a policeman and delivering fist blows that did not hit the latter. (PP vs coming to the aid of the authority or his agent.
REYES, 40 OG Supp 11, 24)
There must be a direct assault being committed.
Intimidation or resistance
- When it is only the person coming to the aid of a policeman is attacked
Persons in authority Serious there is no indirect assault as there is no direct assault being committed.
Agent Serious
Comes to the aid of a person in authority
Whether the offended party is a person in authority or his agent, the intimidation
or resistance must be serious. If a private individual comes to the aid of a policeman and the person to be
arrested attacks the private individual, is the crime direct assault?
Serious resistance and intimidation
any person who comes to the aid of persons in authority, shall be deemed on
Threatening a policeman who was about to arrest the accused and agent of a person in authority. (Art. 152, par2)
striking the said policeman with a knife as the latter was approaching
even though the policeman was not hit (US vs SAMONTE, 16 Phil Art. 150. Disobedience to summons.
516)
Pointing a gun at a military police captain. (DIAMA) Acts punished:

Engaged in the performance of duties: 1. Refusing to obey summons

2. Refusing to be sworn
A governor who was shot while holding office in the capitol 3. Refusing to answer
A governor who was elbowed while on his way to inspect the office 4. Restraining another from attending as a witness.
of the chief of police 5. Inducing disobedience to a summons.
A barrio captain who reprimanded someone for unruly behaviour
during a dance. Summons:
A fiscal who was on his way to another municipality to investigate a
matter upon orders of the Solicitor General. 1. Congress
2. Committees and subcommittees
3. Constitutional commissions
4. Committees, subcommittees and divisions.
Not engaged in the performance of their duties
In Drilon vs Ermita, the Supreme court invalidated Section 2 (b) and 3 of EO
A barrio lieutenant who intervened in a case investigated by a justice 464.
of the peace.
A mayor who approached a person who was disturbing a meeting of Art. 151. Resistance and Disobedience to a person in authority or his agent.
a candidate supported by him.
A teacher who went out of the classroom to talk to his creditor. Par 1. Resistance and serious disobedience

On the occasion of such performance:

Par 2. Simple disobedience
Means because or by reason
In this felony, the person in authority or his agent, must be engaged in the
performance of his official duties.
Justice of the peace who was assaulted on his way home because he
had earlier reprimanded the accused in his court.
Par. 1 Resistance and Serious Disobedience.
A barangay captain who was killed by the accused on his way home
after he had an altercation with them about unpaid slaughter fees.
Elements:
Qualified direct assault:
1. Person in authority or agent, is engaged in the performance of official
Committed with a weapon duty or gives lawful order to the offender
Offender is a public officer or employee
Offender lays hands on a person in authority 2. The offender resists or seriously disobeys the person in authority or
his agent;
Complex Crime
3. The act is no Direct Assault, Indirect Assault or Disobedience to
summons
Resistance and serious disobedience. When the one who disturbs the meeting is a public officer who is not a
participant, Art. 131 (Prohibition of peaceful meeting) or 132 (Interruption of
Resistance must not be serious o/w it is a case of direct assault. religious worship) is applicable.

Disobedience must be serious. Art. 153 applies:

Ex: public officer who is a participant

private individual
The accused who struck a policeman on the breast as the latter was arresting
him. (TABIANA) Outcry

Disobedience must be an order to actually directed to the accused. The outcry is a more or less unconscious outburst, and not intentionally
calculated to induce others to commit rebellion or sedition.
In RAMAYRAT case, the order was directed to the sheriff of the court to place
the plaintiff in possession of the land involved in the case. The order was Art. 154. Unlawful use of means of publication
directed to the sheriff and not to the accused. The sheriff in turn merely
ordered accused to deliver the property to the plaintiff.
1. Publishing or causing to be published false news as news that may
endanger the public order or cause damage to the interest or credit of
Par 2. Simple Disobedience
the State.
Elements:
2. Encourage disobedience by praising, justifying any act punished by
law.
1. An agent of a person in authority is engaged in the performance of
official duty or gives a lawful order to the offender.
3. Maliciously publishing or causing to be published any official
2. The offender disobeys such order.
resolution or document without proper authority before any have
3. The disobedience is not serious.
been officially published.
... to an agent of a person in authority
4. Printing, publishing or distributing books, pamphlets, periodicals or
leaflets that do not bear the real printers name which are classified as
In Simple Disobedience the offended party is an AGENT of a person in anonymous.
authority.

Disobedience.. not of a serious nature

Art. 155. Alarms and Scandals
Disobedience must not be of a serious nature.

Ex: lying on the road when told to clear the entrance to a plant.
Art. 152. Persons in authority/agents
Persons in authority- vested with jurisdiction.
1. Discharging any firearm, rocket, firecracker or other explosive within
any town or public place which produces alarm or anger.
2. Instigating or taking part in any charivari r or other disorderly
meeting offensive to another or prejudicial to public tranquillity.

Barangay captain/Chairman 3. Disturbing the public peace while wandering about at night or while
Teachers engaged in other nocturnal activities.
Professors
Charged with the supervision of schools 4. Causing any disturbance or scandal in public places while
intoxicated.
Lawyers
(Nobody gets arrested discharging fire cracker, since anybody else is doing it,
In the actual performance/on occasion
and it is considered a tradition, not discharging to create scandal but to celebrate
invoking good faith.)
Art. 153. Tumults and other disturbances
Discharge any firearm.
1. Serious disturbance in a public place, office or establishments.
Discharge must be intended to merely cause otherwise it might be
2. Interrupting or disturbing performances, functions or gathering s or some other crime (Discharge of firearm or Attempted
peaceful meetings (not included in 131 and 132). Murder/Homicide)
Must produce alarm or danger as a consequence.
3. Making an outcry tending to incite rebellion sedition in any meeting
association or public place Charivari

4. Displaying placards or emblems which provoke a disturbance of A medley of discordant voices, a mock serenade of discordant noises
public order made on kettles, tins, horns, etc., designed to annoy or insult.

5. Burying with pomp the body one who has been legally executed. Art. 156. Delivering prisoners from Jail.

Disturbance must be of a serious nature it must be planned or intended.
In the excitement of a hotly contested campaign, some allowances must be
made for the tense state of public feeling, and not every petty incident should be
magnified into a matter of grave import. (US vs DOMINGO, GR No 6219, Mar
16, 1911)
When the offender is a participant or private individual
Felony is committed by anyone who removes from any jail or penal
establishment any person confined therein or shall help the escape of such
person.
Any person confined therein
The person inside the jail may be detention prisoner or one convicted by final
judgement.

The offender is usually an outsider but may also be:

 employee Art. 159. Other cases of evasion of service of sentence.
Another prisoner
*(A jail warden cannot commit this crime) Elements:
Qualifying circumstances
1. Offender is a convict
Violence
Intimidation 2. Is granted a conditional pardon by the Chief Executive
Bribery
3. He violates any of the conditions.
Are not elements, but are circumstances that warrant a higher penalty.
Durations of a conditional pardon
Liability of prisoner
The conditions of a conditional pardon is limited to the unexpired portion of the
Convicted by final judgement Evasion of service of sentence sentence unless there is clear intention to extend the same beyond that time.

Detention prisoner No criminal liability. Penalties

Art. 157. Evasion of service of sentence Prision Correctional minimum if penalty remitted does not exceed 6 yrs*

Elements: The unexpired portion of the offenders original sentence - if the penalty exceeds
6 yrs.
1. The offender is a convict by final judgement.
2. He is serving sentence that consists in deprivation of *the accused shall not serve the unexpired portion of his sentence.
liberty.
3. He evades service of sentence by escaping during the Revised Administrative Code:
term of his sentence.
Under the revised administrative code one who violates the conditions of his
Escape pardon may be ordered incarcerated by the President.

Flee from, to avoid, to get out of the way, as to flee to avoid arrest. (different from filing a criminal case against somebody who violated the terms
of pardon)
By escaping during the term of his imprisonment = deprivation of liberty
Art. 160. Quasi recidivism
-includes destierro.
Elements:
Qualifying circumstances:
1. Conviction of an offense (either RPC / Special penal law)
Unlawful entry (scaling);
2. Commits another felony before serving sentence or while serving
sentence. (violations of the RPC)
Breaking doors, windows, floors, gates, walls, roofs or floors;

Using picklocks, false keys, disguise, deceit, violence or shall commit a felony
intimidation;
The second offense must be a violation of the RPC, however, the first
Connivance with other convicts or employees. offense may be any crime.

Art. 158. Evasion of service of sentence on the occasion of disorders,

conflagrations, earthquakes or other calamities.

Failure of the convict to give himself up within 48 hours from following the Special aggravating circumstance
issuance of a proclamation by the Chief Executive announcing the passing away
of the calamity. Quasi-recidivism cannot be offset by an ordinary mitigating circumstance.

Effect of returning shall be punished by the maximum period of the penalty prescribed by law
for the new felony.
If the offender fails to give himself up he shall suffer an increase of
1/5 of the time still remaining to be served under the original Art. 161. Counterfeiting the Great Seal of the Govt forging the signature
sentence, not to exceed 6 months. or stamp of the Chief Executive.
If the offender gives himself up within 48 hours, he is entitled to a
deduction of 1/5 of his sentence. Acts punished:

by leaving the penal institution 1. Forging the Great seal;

The convict must leave the institution. 2. Forging the signature of the president;

No showing: 3. Forging the stamp of the president.

Opportunity to escape/ leave; In forging the signature of the President there must be an attempt to make an
intimation of the signature of the President.
Had the mettle to brave a jailbreak;
Art. 162. Using forged signature or counterfeit seal or stamp
If they had escaped they would give themselves up.
Elements:
 1. The Great seal of the Republic was counterfeited or the signature 2. Importation
or stamp of the Chief Executive was forged by another;
3. Uttering (in connivance with forgers or importers)
2. Offender knew of the counterfeiting or forgery;
Art. 167. Counterfeiting, importing, uttering instruments not payable to
3. Offender uses the counterfeit seal or forged signature or stamp. bearer.

Art. 163. Making, importing, or uttering false coins. Elements:

There are three acts punished in this article. 1. An instrument payable to order or document of credit not payable to
bearer.
1. Making;
2. Forged, imported, uttered such instrument
2. Importing;
3. Uttering (in connivance with forger or importers)
3. Uttering ( in connivance with counterfeiters or importers)
Art. 168. Illegal possession and use of false treasury or bank notes and other
Uttering Giving away instruments of credit.

Penalties depend on the Coin Elements:

Phil. Central Bank Coin, 10 centavo and above Prision mayor 1. Treasury or bank note, instrument payable to bearer, document of
Phil. Central Bank Coin, below 10 centavo Prision Correctional credit not payable to bearer is forged or falsified;
minimum and medium and fine
Foreign Currency Prision correctional minimum. 2. Offender knows;

Includes those out of circulation. The law does not require that they be current 3. Offender: (A) Use or (B) possess with intent to use.
coins.
Presumption of Forgery
Counterfeit or False Coin
A person in possession of falsified document and who makes use of the same is
Forged or not authorized legal tender. presumed to be the material author of the falsification. (SENDAYDIEGO)

Limitation of a genuine or legal coin. But if the accused has a satisfactory explanation as to how he came into
possession then the presumption does not arise.
The defendant did not make or attempt to make any alteration in the designs and
inscription of the coins. (US vs BASCO, GR No 2747, April 11, 1906) Art. 169. Forgery

Art. 164. Mutilation of Coins Committed by:

Acts punished:
1. Giving to a treasury or bank note or any instrument payable to bearer
or order the appearance of a true and genuine document.
1. Mutilating coins of the legal currency with intent to damage/defraud
another 2. By erasing, substituting, counterfeiting, or altering, by any means the
figures, letters, words, or sign contained therein.
2. Importing or uttering mutilated coins in connivance with the
mutilator or importer (uttering).
Forgery and falsification.
Coins must be legal tender and foreign coins are not included.
The definition under Art. 169 has effectively made forgery and falsification
Mutilation synonymous.

Taking off part of the metal by filling it or substituting it for another with Art. 170. Falsification of legislative documents.
inferior quality or to diminish by ingenuous means the metal of the coin.
1. Bill, resolution, or ordinance is enacted, approved or pending
There must be intent to take advantage of the metal abstracted.
approval by the house or council;
Art. 165. Selling of false or mutilated coin, without connivance.
2. Offender alters the same;
The offender must (A) possess the coin with the intent to utter the same knowing
3. No proper authority;
the said coin to be counterfeited or mutilated or (B) must be actually utter the
same knowing that it is false or mutilated.
4. Alteration changes the meaning.
Coins need not be legal tender except when the coin involved is a mutilated
coin. Falsification of legislative documents.

The alteration must change the meaning of the bill.

Art. 166. Forging treasury or bank notes.
Bill, resolution or ordinance may be enacted, approved, or pending approval.
Acts punished are:
(genuine)

1. Forging or Falsification of Legislative, provincial board, municipal council. (city council)

a. Treasury or bank notes Art. 171. Falsification by public officer, employee or notary
b. Other obligations and securities payable to bearer.
Elements: *it is not necessary to counterfeit or imitate any signature.

1. The offender is a public officer, employee or notary public (the Par 3. Attributing to persons statements other than those in fact made by
ecclesiastical minister is limited to the acts in the last paragraph) him.
2. The offender takes advantage of his official position;
3. He falsifies a document under any of the 8 modes enumerated. Elements:

Falsification 1. Person participated in an act or proceeding;

2. The person made statements;
The felony consists in falsifying a document. 3. The offender attributes to said person statements other than those in
fact made by him.
A document is a written statement by which a RIGHT ESTABLISHED OR AN
OBLIGATION EXTINGUISHED (Complete, apparent legal efficacy) Par 4. Making untruthful statements in a narration of facts.

It is not specified whether the document is public or not. (Public Elements:

officer/employee or notary; intervention)
1. The offender makes in a document statements in a narration of facts;
Note: What is important is the nature of the offender. 2. A legal obligation to disclose the truth of the facts narrated;
3. Facts are absolutely false;
Offenders 4. Wrongful intent of injuring a third person. (Private Document)

Narration of Facts
1. Public officer;
What is punished is a false narration of facts and not an erroneous conclusion of
2. Public employee;
law.
3. Notary;
eligible- conclusion of law.
4. Ecclesiastical minister (civil status of persons)
born on March 29, 1931- narration of fact.

Legal Obligation to disclose

Takes advantage of his official position
There must be a law that requires the disclosure of the truth of the fact claimed
to be false.
In a falsification of public document, the offender is considered to have taken
advantage of his position when:

1. He had the duty to make or prepare or OW intervene in the Civil service Commission vs Reynaldo B. Sta. Ana, A.M. No OCA-01-5,
preparation of the document. August 1, 2002

2. He had official custody of the document which he falsified.
(PACASUM vs PP, GR No 180314, April 16, 2009)
Par. 1. Counterfeiting or imitating signature.
Respondent stated in his personal data sheet that he passed the career service
professional examination knowing fully well that it was not rue because he did
not pass the said exam. Being an aspirant for promotion to a higher position, he
had legal obligation to disclose the truth because the personal data sheet is
required in connection with the promotion to a higher position.

1. Counterfeiting (imitating); MAGUAD vs DE GUZMAN, A.M. No P-94-1015, March 29, 1999

2. Imitating (feigning)
The supplying of false information for purposes of it being entered in a
Counterfeiting (imitating) certificate of birth does not fall within the element legal obligation. XXX One
essential element of this kind of falsification is that there must be a legal
Counterfeiting (imitating) requires: obligation to disclose the truth of the fact claimed to be false. In other words,
there must be a law requiring, expressly or impliedly, the disclosure of the truth
1. Intent or attempt to imitate ; and of the fact alleged to have been falsified. No law has been shown by the
2. The genuine and forged signatures bear some resemblance with each complainants making it either expressly or impliedly a duty of an informant in a
other. record of birth to disclose the truth that the parents of the child covered by it are
married or not.
*if there is no resemblance the offender may be liable under par. 2 (causing it to
appear that persons have participated in an act or proceeding) Absolutely False

Imitating (feigning) If there is some colourable truth to the statement, this element is not present.

There is no original signature to be imitated. Perform work; not the whole day; work finished before going to
defendants house to cook (BAYOT)
The signature forged does not exist. Changing 1.539 1.533 to conform to the actual number
(CABIGAS)
Par 2. Causing it to appear that persons have participated in an act or
proceeding. Wrongful intent to injure, not essential in falsification of public document.

Elements: in the falsification of public or official documents, whether by public

officials or by private persons, it is unnecessary that there be present the idea of
1. Offender causes it to appear in a document that a person participated gain or intent to injure a third person, for the reason that, in contradiction to
in an act or proceeding; private documents, the principal thing punished is the violation of the public
2. The person did not in fact so participate faith and the destruction of the truth as therein solemnly proclaimed. (PP
vs PO GIOK TO, GR No L-7236, April 30, 1955)
Par 5. Altering true dates Commercial documents

Date must be essential affects the veracity or effects of the document. Commercial documents are documented or instrument used by
merchants or businessmen to promote or facilitate trade or credit
Changing the records of an arrest to escape administrative liability. transactions. Any document defined and regulated by the Code of
(MONTANO) Commerce.

Par 6. Making alteration or intercalation in a genuine document which Private documents

changes its meaning.
Private documents are deeds or instruments executed by a private
Requires a genuine document. person without the intervention of a notary public or other person
legally authorized, by which document some disposition or
The alteration/intercalation must (1) change the meaning of the document and agreement is proved, evidenced or set forth.
(2) make it speak something false. Private documents that are acknowledged before a notary public is a
public document.
Par 7. Issuing in authenticated form a document purporting to be a copy. Private document that become part of an official record are public
documents.
There are two acts of falsification under this paragraph:
Damage
1. Issuing in authenticated form a document purporting to be a copy of
the original when no such original exists; Not essential in ART 171 or ART 172 par 1.

2. Issuing in authenticated form of a document purporting to be a copy ART 172 par 2 (falsification of a private document) damage to a third party or
of an original and including in such a copy a statement contrary to, or intent to cause such damage is an element.
different form, that of the genuine original.
Falsification of private document.
Par 8. Intercalating any instrument or note relative to the issuance thereof
in a protocol, registry or official book. Elements:

Example: 1. Offender commits any of the acts in ART 171;

2. Private document;
Custodian extracts an original of a marriage certificate and replaces it with 3. Damage to a third party or intent to cause such damage.
another so as not to disrupt the numbering of documents to help prove that no
records of such marriage exists. Complex crime

Falsification may be by means to commit another felony.

ART 172. Falsification by private individuals and use of falsified Document must be a public, official or commercial document.
docmuents.
The falsification of the document consummates falsification while causing
Three acts punished: damage to a third party using the falsified documents may be estafa.

1. Falsification of public, official or commercial documents

by a private individual;
2. Falsification of private documents by any person; No complex crime in falsification of private documents
3. Use of falsified documents.
The damage to a third party is an essential element of falsification.
Falsification of public, official or commercial documents
If the falsification was the means used to obtain from the offended
Offender is a private individual. party money or other personal property, the felony committed is
falsification.
May be committed by a public official as long as he did not take If the falsification was used to conceal the misappropriation of the
advantage of his official position. money or other personal property, the crime is estafa. Falsification is
not punishable because it was not the cause of the damage.
Documents Use of falsified documents

Public documents There are two acts punished:

Official documents
Commercial documents 1. Introduced in a judicial proceeding.
Private documents 2. Used in any other transaction.

Public documents In No. 1, damage or intent to cause such damage is not an element.

A document created, executed or issued by a public official in Presumption as to author.

response to the exigencies of the public service, or in the execution of
which a public official intervened.
Acknowledged document and instruments recorded in it are
considered public documents. (BERNARDO vs RAMOS, July 2,
2002)
Official documents
Official documents are documents issued by a public official in the
exercise of the functions of his office.
The rule that the possessor is presumed the author of the falsification is
applicable when the use was (1) so closely connected with the falsification and
the (2) user had the capacity to falsify. If the user or possessor could adequately
explain his possession of the falsified documents, this presumption will not
arise.
ART 174. False Certificates.
Par. 1 Punishes a physician or surgeon who issues a false certificate. The 3. Purpose:
certificate must be in connection with the practice of his profession. a. Conceal a crime;
b. Evade execution of judgement;
Par. 2 Punished a public officer who issues a false certificate. The certificate c. Cause damage to public interest.
must be a certificate of merit, service, conduct or similar circumstances.
Damage must be damage to public interest.
ART 175. Using false certificates.
From the facts and circumstances in evidence it appears established
The act punished is the use by another person of any of the falsified certificates beyond a reasonable doubt that the appellant used the name of another
in Art 174. person for the purpose of deceiving the Government and, by that deception,
to obtain a passport. (US vs TO LEE PIU, GR NO. 11522, September 26,
The offender must know that the certificate is falsified. 1916)

ART 176. Manufacturing and possession of instruments or implements for Elements of concealing true name:
falsification.
1. That the offender conceals
Acts punished: a. His true name; and
b. All other circumstances.
1. Making or introducing into the Phil islands instruments or 2. The purpose is to conceal his identity.
implements for counterfeiting or falsification.
2. Possessing with intent to use instruments or implements for *CA NO 142 (as amended by RA NO 6085) Anti Alias Law.
counterfeiting or falsification that were made or introduced into the
Philippines by another person. ART 179. Illegal use of uniforms or insignia.

ART 177. Usurpation of authority or official functions. The uniform or insignia must pertain to an actual office.

Acts punished: The use of the uniform or insignia must be public and improper.

1. Knowingly and falsely representing oneself to be: Exact imitation is not necessary, a colourable imitation is sufficient.
a. Officer;
b. Agent or; ART 180. False testimony against a defendant.
c. Representative of any department or agency of the Phil
Gover or of any foreign govt. Elements:
2. Under pretense of official position, shall perform any act pertaining
to any person in authority or public officer of the Phil Govt or any 1. Criminal proceeding;
foreign govt or any agency thereof. 2. Offender testifies falsely against defendant;
3. Defendant is acquitted or convicted.

The defendant must be convicted or acquitted.

Nature of acts performed.
At least a correctional penalty; (light penalty would not make one
Must pertain to: liable)
A fine; or
1. Government. Acquitted. (the testimony need not be credible)
2. Any person in authority, or
3. Any public officer. ART 181. False testimony favorable to the defendant.

The act of issuing ID cards under the AFAG. As long as the offender gave false testimony in favour of the defendant the
offender is liable.
The representation must be positive, express and explicit.
Conviction or acquittal is necessary.
By not denying that one was a government agent when introduced as
such by another. (CALINASAN) No usurpation. Penalty us based on the penalty imposable in the proceeding where the false
Blowing his whistle, stopping buses, ordering drivers to step down testimony is given.
from their vehicles and produce their drivers license. (REYES)
Usurpation is committed. ART 182. False testimony in civil cases.
Acting under color of title. (BUENAFLOR) No usurpation.
Elements:
ART 178. Using fictitious name and concealing true name.
1. Testimony given in a civil case;
Acts punished: 2. Testimony must relate to the issues;
3. Testimony must be false;
1. Using a fictitious name. 4. Knowledge of falsity;
2. Concealing true name. 5. Malicious and given with an intent to affect the issues.

Elements of using fictitious name: ART 183. False testimony in other cases and perjury in somen affirmation.

1. Use of a name other than real name; Two ways of committing perjury:
2. Public use of fictitious name;
 1. Falsely testifying under oath* 3. Offer in a judicial or official proceeding.
2. Making a false affidavit.
Offender does not induce the witness.
*must not be in a judicial proceeding

Elements:

1. Makes a statement under oath or executes an affidavit upon a

material matter;
2. Statement or affidavit made before a competent officer authorized to
administer oaths;
3. Wilful and deliberate assertion of a falsehood; and
4. Statement or affidavit is required by law.

Material matter.

It is the (1) main fact that is the subject of inquiry, or (2) any circumstance that
tends to prove that fact, or (3) any fact or circumstance that tends to corroborate
or strengthen the testimony or (4) which legitimately affects the credit of any
witness who testifies. (US vs ESTRANA, 16 Phil 520)

authorized to receive and administer oath

as a member of said board they had a right to inquire into the questions
presented in the particular case submitted to it. They had a right to examine
witnesses under oath. They had the right to administer an oath to the witness
examined. Such board, therefore, constituted a tribunal in case in which the
laws of the Philippine Islands authorized an oath to be administered. (US vs
GO CHANCO, GR. NO 6861-6865 Dec 28, 1912)

knowingly making untruthful statements

Perjury being a felony by dolo, there must be malice on the part of the accused.
Wilfully means intentionally, with evil intent and legal malice, with
consciousness that the alleged perjurious statement is false with the intent that it
should be received as a statement of what was true in fact. It is equivalent to
knowingly. deliberately implies mediated as distinguished from
inadvertent acts. It must appear that the accused knows his statement to be
false or is consciously ignorant of its truth. (MONFORT vs SALVATIERRA,
GR NO 168301, Mar 5, 2007)

Required by law = for a legal purpose.

There are four elements that comprise the crime of perjury, namely:

a. The accused made a statement under oath on a material matter;

b. The statement was made before a competent officer authorized to
receive and administer oaths;
c. The accused made a wilful and deliberate assertion of a falsehood in
the statement and;
d. The sworn statement containing the falsity is required by law or
made for a legal purpose.

(PADUA vs PAZ, AM NO P-00-1445, April 30, 2003)

Two contradictory statements

A conviction for perjury cannot be sustained merely upon the contradictory

sworn statements of the accused. The prosecution must prove which of the two
statements is false and must show the statements to be false by other evidence
than the contradicting statement. (VILLANUEVA vs SEC OF JUSTICE, GR
NO 162187, Nov 18, 2005)

ART 184. Offering false testimony in evidence.

Elements:

1. Offer in evidence a false witness/testimony;

2. Knowledge;