ART.

NO.

CRIME

REVISED PENAL CODE BOOK 2

ELEMENTS

PENALTI
ES

TITLE 1: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

A. CRIMES AGAINST NATIONAL SECURITY
B. CRIMES AGAINST THE LAW OF NATIONS
1. Treason (Art. 114)
1. Inciting to war or giving motives for reprisals (Art. 118)
2. Conspiracy and proposal to commit treason (Art. 115)
2. Violation of neutrality (Art. 119)
3. Misprision of treason (Art. 116)
3. Correspondence with hostile country (Art. 120)
4. Espionage (Art. 117)
4. Flight to enemys country (Art. 121)
5. Piracy in general and mutiny on the high seas or in Philippine
waters (Art. 122)
SECTION 1: TREASON AND ESPIONAGE
114
TREASON
1. offender is a Filipino citizen or an alien residing in the Philippines
2. there is a war in which the Philippines is involved
3. offender either:
a. levies war against the Government
b. adheres to the enemies, giving them aid or comfort
115
CONSPIRACY
A. CONSPIRACY TO COMMIT TREASON
AND PROPOSAL 1. 2 or more persons
TO COMMIT
2. in time of war
TREASON
3. agreement to levy war against government or to adhere to the enemies and give them aid or
comfort
4. decision to commit it

116

MISPRISION OF
TREASON

117

ESPIONAGE

B. PROPOSAL TO COMMIT TREASON

1. a person who has decided to levy war against the government or to adhere to the enemies
and to give them aid or comfort
2. proposal of its execution to other person/s
1. offender owing allegiance to the Government & not a foreigner
2. offender has knowledge of any conspiracy (to commit treason) against the Government
3. offender conceals or does not disclose and make known the same as soon as possible to the
governor or fiscal of the province or city in which he resides
2 WAYS OF COMMITTING ESPIONAGE
A. by entering without authority therefor, a warship, fort, or naval/military establishment or reservation
to obtain any information, plans, photographs or other data of confidential nature relative to the
defense of the Philippines
ELEMENTS
1. offender enters any of the places mentioned therein
2. offender has no authority
3. purpose is to obtain information, plans, photographs or other data of confidential nature
relative to the defense of the Philippines
B. by disclosing to the representative of a foreign nation the contents of the articles, data or information
referred to in par. 1 of Art. 117, which he had in possession by reason of the public office he holds
1. offender is a public officer

2. offender 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. offender discloses their contents to a representative of a foreign nation
SECTION 2: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR
CRIMES PROVOKING WAR AND DISLOYALTY IN CASE OF WAR
1. Inciting to war or giving motives for reprisals
2. Violation of neutrality
3. Correspondence with hostile country
4. Flight to enemys country
118
INCITING TO
1. offender performs unlawful or unauthorized acts
WAR OR GIVING 2. such acts provoke or give occasion for a war involving or liable to involve the Philippines or
MOTIVES FOR
expose Filipino citizens to reprisals on their persons or property
REPRISALS
119
VIOLATION OF
1. there is a war in which the Philippines is not involved
NEUTRALITY
2. there is a regulation issued by competent authority for the purposes of enforcing neutrality
3. offender violates such regulation
120
CORRESPONDE 1. time of war in which the Philippines is involved
NCE WITH
2. offender makes correspondence with an enemy country or territory occupied by enemy
HOSTILE
troops
COUNTRY
3. correspondence is either
a. prohibited by Government
b. carried on in ciphers or conventional signs
c. containing notice or information which might be useful to the enemy
121
FLIGHT TO
1. there is a war in which the Philippines is involved
ENEMYS
2. offender must be owing allegiance to the Government
COUNTRY
3. offender attempts to flee or go to enemy country
4. going to enemy country is prohibited by competent authority
122
PIRACY IN
2 WAYS OF COMMITTING PIRACY
GENERAL AND
1. by attacking or seizing a vessel on the high seas or in Philippine waters
MUTINY ON THE 2. by seizing in the vessel while on the high seas or in Philippine waters the whole or any part of
HIGH SEAS OR
its cargo, its equipment or personal belongings of its complement or passengers
IN PHILIPPINE
WATERS
ELEMENTS
1. the vessel is on the high seas or in Philippine waters
2. offenders are not members of its complement or passengers of the vessel
3. offenders either:
a. attack or seize the vessel
b. seize the whole vessel or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers
123
QUALIFIED
PIRACY OR MUTINY IS QUALIFIED BY ANY OF THE FOLLOWING CIRCUMSTANCES
PIRACY
1. offenders have seized the vessel by boarding or firing upon the same
2. pirates have abandoned their victims without means of saving themselves
3. crime is accompanied by murder, homicide, physical injuries or rape
TITLE 2: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
CHAPTER 1: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION

OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
1. Arbitrary detention (Art. 124)
2. Delay in the delivery of detained persons to the proper judicial authorities (Art. 125)
3. Delaying release (Art. 126)
4. Expulsion (Art. 127)
5. Violation of domicile (Art. 128)
6. Search warrants maliciously obtained and abuse in the service of those legally obtained (Art. 129)
7. Searching domicile without witnesses (Art. 130)
8. Prohibition, interruption and dissolution of peaceful meetings (Art. 131)
9. Interruption of religious worship (Art. 132)
10. Offending the religious feelings (Art. 133)
SECTION 1: ARBITRARY DETENTION AND EXPULSION
124
ARBITRARY
1. offender is public officer/employee
DETENTION
2. he detains a person (w/o warrant of arrest)
3. detention w/o legal grounds
125
DELAY IN THE
1. public officer/employee
DELIVERY OF
2. detention with legal grounds
DETAINED
3. he fails to deliver such person to the proper judicial authorities within:
PERSONS TO
a. 12 hours light penalties
THE PROPER
b. 18 hours correctional penalties
JUDICIAL
c. 36 hours afflictive penalties
AUTHORITIES
126
DELAYING
3 ACTS PUNISHABLE UNDER ART. 126
RELEASE
1. by delaying the performance of a judicial or executive order for the release of a prisoner
2. by unduly delaying the service of the notice of such order to said prisoner
3. by unduly delaying the proceedings upon any petition for the liberation of such person

127

EXPULSION

ELEMENTS
1. offenders is public officer/employee
2. judicial/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. offender without good reason delays:
a. service of the notice of such order to the prisoner
b. performance of such judicial/executive order for release of prisoner
c. proceedings upon petition for liberation/release of such person
2 ACTS PUNISHABLE UNDER ART. 127
1. by expelling a person from the Philippines
2. compelling a person to change his residence
ELEMENTS
1. offender is public officer/employee
2. he a) expels any person from the Philippines or b) compels a person to change his residence
3. offender is not authorized by law
SECTION 2: VIOLATION OF DOMICILE

128

129

130

131

132
133

VIOLATION OF
DOMICILE

SEARCH
WARRANTS
MALICIOUSLY
OBTAINED AND
ABUSE IN THE
SERVICE OF
THOSE LEGALLY
OBTAINED

ACTS PUNISHABLE UNDER ART. 128

1. by entering any dwelling against the will of the owner
2. by searching papers or other effects found therein without previous consent of such owner
3. by refusing to leave the premises after having surreptitiously entered said dwelling and after having
been required to leave the same
ELEMENTS COMMON TO 3 ACTS
1. offender is public officer/employee
2. he is not authorized by judicial order to enter the dwelling and/or to make a search therein for
papers or other effect
ACTS PUNISHABLE IN CONNECTION WITH SEARCH WARRANTS
1. by procuring a search warrant without just cause
2. by a) exceeding his authority or by b) using unnecessary severity in executing a search warrant
legally procured

ELEMENTS OF EXCEEDING AUTHORITY OR USING UNNCESSARY SEVERITY IN EXECUTING A

SEARCH WARRANT LEGALLY PROCURED
1. offender is a public officer/employee
2. he has legally procured a search warrant
3. he exceeds his authority or uses unnecessary severity in executing it
SEARCHING
ELEMENTS
DOMICILE
1. offender is a public officer/employee
WITHOUT
2. with search warrant legally procured
WITNESSES
3. he searches the domicile, papers or other belongings of any person
owner or any member of his family or two witnesses residing in the same locality are not present
SECTION 3: PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS
PROHIBITION,
ACTS PUNISHABLE IN CONNECTION WITH PEACEFUL MEETINGS, ASSOCIATIONS AND
INTERRUPTION
PETITIONS
AND
1. a) by prohibiting or b) interrupting without legal ground the holding of a peaceful meeting or c) by
DISSOLUTION
dissolving the same
OF PEACEFUL
2. a) by hindering any person from joining any lawful association or b) from attending any of its
MEETINGS
meetings
3. by 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

INTERRUPTION
OF RELIGIOUS
WORSHIP
OFFENDING THE
RELIGIOUS
FEELINGS

ELEMENTS COMMON TO THE 3 ACTS

1. offender is a public officer/employee
2. he performs any of the acts mentioned above
1. offender is public officer/employee
2. religious ceremonies or manifestations of any religion are about to take place or are going on
3. offender prevents or disturbs the same
1. acts complained of were performed a) in a place devoted to religious worship or b) during the
celebration of any religious ceremony
2. acts must be notoriously offensive to the feelings of the faithful
TITLE 3: CRIMES AGAINST PUBLIC ORDER

134

REBELLION OR
INSURRECTION

134-A

COUP DETAT

135

PENALTY FOR
REBELLION,
INSURRECTION,
COUP DETAT

136

CONSPIRACY
AND PROPOSAL
TO COMMIT
COUP DETAT

137

DISLOYALTY OF
PUBLIC
OFFICERS OR
EMPLOYEES
INCITING
REBELLION OR
INSURRECTION

138

139

SEDITION

CHAPTER 1: REBELLION, COUP DETAT, SEDITION AND DISLOYALTY

1. that there be:
a) public uprising
b) taking arms against the Government
2. purpose of the uprising or movement:
a) to remove from allegiance to government or its laws:
i. territory of the Philippines or any part thereof
ii. any body of land, naval or other armed forces
b) to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives
1. offender is a person or persons belonging to the a) military or b) police or c) holding any public office
or employment
2. it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or
stealth
3. attack is directed against duly constituted authorities of the Republic of the Philippines, or any
military camp or installation, communication networks, public utilities or other facilities needed for the
exercise and continued possession of power
4. purpose of the attack is to seize or diminish state power
LIABLE FOR REBELLION, INSURRECTION OR COUP DETAT
A. The leaders:
1. any person who a) promotes, b) maintains, c) heads a rebellion or insurrection
2. any person who a) leads, b) directs, c) commands others to undertake a coup detat
B. The participants:
1. any person who a) participates, or b) executes the commands of others in rebellion or insurrection
2. any person in the government service who a) participates or b) executes directions or commands of
others in undertaking a coup detat
3. any person not in the government service who a) participates, b) supports, c) finances, d) abets, e)
aids in undertaking a coup detat
2 CRIMES PUNISHABLE UNDER ART. 136
1. conspiracy to commit rebellion: when two or more persons come to an agreement to rise publicly and
take arms against the government for any of the purposes of rebellion and decide to commit it.
2. proposal to commit rebellion: when the person who has decided to rise publicly and take arms
against the government for any of the purposes of rebellion proposes its execution to some other
person or persons.
ACTS OF DISLOYALTY
1. by failing to resist a rebellion by all the means in their power
2. by continuing to discharge the duties of their offices under the control of the rebels
3. by accepting appointment to office under them
1. offender does not take arms or is not in open hostility against the government
2. he incites others to the execution of any of the acts of rebellion
3. the inciting is done by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end
1. offenders rise a) publicly, and b) tumultuously
2. they employ force, intimidation or other means outside of legal methods
3. offenders employ any of those means to attain any of the following objects:

140

PENALTY FOR
SEDITION

141

CONSPIRARCY
TO COMMIT
SEDITION
INCITING TO
SEDITION

142

143

144

145

ACTS TENDING
TO PREVENT
THE MEETING
OF THE
NATIONAL
ASSEMBLY AND
SIMILAR BODIES
DISTURBANCE
OF
PROCEEDINGS

VIOLATION OF
PARLIAMENTARY

a) to prevent the promulgation or execution of any law or the holding of any popular election
b) to prevent the National Government, or any provincial or municipal government or any public officer
thereof from freely exercising its or his functions, or prevent the execution of any administrative order
c) to inflict any act of hate or revenge upon the person or property of any public officer or employee
d) to commit, for any political or social end, any act of hate or revenge against private persons or any
social class
e) 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.
PERSONS LIABLE FOR SEDITION
1. leader
2. other persons participating
An agreement and a decision to attain an object of sedition without any agreement to rise publicly and
tumultuously is not conspiracy to commit sedition Such an agreement and decision may constitute a
conspiracy to commit direct assault of the first form.
DIFFERENT ACTS OF INCITING TO SEDITION
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
3. writing ,publishing or circulating scurrilous libels against the government or any of the duly
constituted authorities thereof, which tend to disturb the public peace
ELEMENTS
1. offender does not take direct part in the crime of sedition
2. he incites others to the accomplishment of any of the acts which constitute sedition
3. that the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners,
or other representations tending to the same end
CHAPTER 2: CRIMES AGAINST POPULAR REPRESENTATION
SECTION 1: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES
1. that there be a projected or actual meeting of the National Assembly or any of its committees or
subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or
municipal council or board
2. that the offender who may be any person prevents such meeting by force or fraud

1. that there be a projected or actual meeting of the National Assembly or any of its committees or
subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or
municipal council or board
2. that the offender does any of the following acts:
a) he disturbs any of such meetings
b) 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
SECTION 2: VIOLATION OF PARLIMENTARY IMMUNITY
ACTS PUNISHABLE UNDER ART. 145
A. by using force, intimidation, threats, or frauds to prevent any member of the National Assembly from:

IMMUNITY

146

ILLEGAL
ASSEMBLIES

a) attending the meetings of the Assembly or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof
b) expressing his opinions
c) casting his vote
ELEMENTS
1. offender (any person) uses force, intimidation, threats or fraud
2. purpose of the offender is to prevent any member of the National Assembly from:
a) attending the meetings of the Assembly or of any of its committees or constitutional commissions
b) expressing his opinions
c) casting his vote
B. by arresting or searching any member thereof while the National Assembly is in 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
a) offender is a public officer or employee
b) he arrests or searches any member of the National Assembly
c) the Assembly, at the time of arrest or search, is in regular or special session
d) the member arrested or searched has not committed a crime punishable under the Code by a
penalty higher than prision mayor
CHAPTER 3: ILLEGAL ASSEMBLIES AND ASSOCIATIONS
WHAT ARE ILLEGAL ASSEMBLIES?
A. any meeting attended by armed persons for the purpose of committing any of the crimes punishable
under the Code
REQUISITES
1. that there is a meeting, a gathering or group of persons whether in a fixed place or moving
2. that the meeting is attended by armed persons
3. that the purpose of the meeting is to commit any of the crimes punishable under the Code
B. any meeting in which the audience, whether armed or not, is incited to the commission of the crime
of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents
REQUISITES
1. that there is a meeting, a gathering or group of persons, whether in fixed place or moving
2. that the audience, whether armed or not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition or direct assault

147

ILLEGAL
ASSOCIATIONS

PERSONS LIABLE FOR ILLEGAL ASSEMBLY

1. organizers or leaders of the meeting
2. persons merely present at the meeting
WHAT ARE ILLEGAL ASSOCIATIONS?
1. associations totally or partially organized for the purpose of committing any of the crimes punishable
under the Code
2. associations totally or partially organized for some purpose contrary to public morals
PERSONS LIABLE FOR ILLEGAL ASSOCIATION
1. founders, directors and president of the association

2. mere members of the association

148

CHAPTER 4: ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS
DIRECT
2 WAYS OF COMMITTING THE CRIME OF DIRECT ASSAULTS
ASSAULTS
A. without public uprising, by employing force or intimidation for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and sedition
ELEMENTS
1. offender employs force or intimidation
2. aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects in
the crime of sedition
3. no public uprising

149

INDIRECT
ASSAULTSS

150

DISOBEDIENCE
TO SUMMONS
ISSUED BY THE
NATIONAL
ASSEMBLY, ITS
COMMITTEES
OR
SUBCOMMITTEE
S, BY THE
CONSTITUTIONA
L
COMMISSIONS,
ITS
COMMITTEES,
SUBCOMMITTEE
S OR DIVISIONS

B. without public uprising, by attacking, by employing force, or by seriously intimidating or seriously

resisting any person in authority or any of his agents, while engaged in the performance of official
duties or on the occasion of such performance
ELEMENTS
1. offender a) makes an attack, b) employs force, c) makes a serious intimidation, d) makes a serious
resistance
2. person assaulted in a person in authority or his agent
3. at the time of the assault the person in authority or his agent a) is engaged in the actual
performance of official duties or that he is assaulted b) by reason of the past performance of his official
duties
4. offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his
duties
5. no public uprising
1. person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 148
2. person comes to the aid of such authority or his agent
3. offender makes use of force or intimidation upon such person coming to the aid of the authority or
his agent
ACTS PUNISHED AS DISOBEDIENCE TO THE NATIONAL ASSEMBLY OR ITS COMMITTEE OR
CONSTITUTIONAL COMMISSION
1. by refusing, without legal excuse, to obey summons of the National Assembly, its special or standing
committees and subcommittees, the Constitutional commissions and its committees, subcommittees or
divisions, or by any commission or committee chairman or member authorized to summon witnesses
2. by refusing to be sworn or placed under affirmation while being before such legislative or
constitutional body or official
3. by refusing to answer any legal inquiry or to produce any books, papers, documents or records in his
possession, when required by them to do so in the exercise of their functions
4. by restraining another from attending as a witness in such legislative or constitutional body
5. by inducing disobedience to a summons or refusal to be sworn by any such body or official
ELEMENTS OF SIMPLE DISOBEDIENCE (PAR. 2)
1. an agent of a person in authority is engaged in the performance of official duty or gives a lawful
order to the offender
2. offender disobeys such agent of a person in authority
such disobedience is not of a serious nature

151

RESISTANCE
AND
DISOBEDIENCE
TO A PERSON IN
AUTHORITY OR
THE AGENTS OF
SUCH PERSON

152

PERSONS IN
AUTHORITY AND
AGENTS OF
PERSONS IN
AUTHORITY

153

TUMULTS AND
OTHER
DISTURBANCES
OF PUBLIC
ORDER
(TUMULTUOUS
DISTURBANCE
OR
INTERRUPTION
LIABLE TO
CAUSE
DISTURBANCE)
UNLAWFUL USE
OF MEANS OF
PUBLICATION
AND UNLAWFUL
UTTERANCES

154

155

ALARMS AND
SCANDALS

1. a person in authority or his agent is engaged in the performance of official duty or gives a lawful
order to the offender
2. offender resists or seriously disobeys such person in authority or his agent
3. the act of the offender is not included in the provisions of Art. 148, 149 and 150
ELEMENTS OF SIMPLE DISOBEDIENCE
1. an agent of a person in authority is engaged in the performance of official duty or gives lawful order
to the offender
2. offender disobeys such agent of a person in authority
3. such disobedience is not of a serious nature
THE FOLLOWING ARE PERSONS IN AUTHORITY
1. municipal mayor
2. division superintendent of schools
3. public and private school teachers
4. teacher-nurse
5. president of sanitary division
6. provincial fiscal
7. justice of the peace
8. municipal councilor
9. barrio captain and barangay chairman
CHAPTER 5: PUBLIC DISORDERS
WHAT ARE TUMULTS AND OTHER DISTURBANCES OR PUBLIC ORDER
1. causing any serious disturbance in a public place, office or establishment
2. interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is
not included in Arts. 131 and 132
3. making an 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

ACTS PUNISHED AS UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL

UTTERANCES
1. by 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. by 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. by maliciously publishing or causing to be published any official resolution or document without
proper authority or before they have been published officially.
4. by 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.
ACTS PUNISHED AS ALARMS AND SCANDALS
1. discharging any firearm, rocket, firecracker or other explosive within any town or public place,

156

DELIVERING
PRISONERS
FROM JAIL

157

EVASION OF
SERVICE OF
SENTENCE
EVASION OF
SERVICE OF
SENTENCE ON
THE OCCASION
OF DISORDERS,
CONFLAGRATIO
NS,
EARTHQUAKES,
OR OTHER
CALAMITIES

158

159

160

OTHER CASES
OF EVASION OF
SERVICE OF
SENTENCE
COMMISSION OF
ANOTHER
CRIME DURING
SERVICE OF
PENALTY
IMPOSED FOR
ANOTHER
PREVIOUS
OFFENSE

calculated to cause (which produces) alarm or danger

2. instigating or taking an 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
amusements
4. causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article
153 is not applicable
1. that there is a person confined in a jail or penal establishment
2. that the offender removes therefrom such person, or helps the escape of such person
CHAPTER 6: EVASION OF SERVICE OF SENTENCE
1. that the offender is a convict by final judgment
2. that he is serving his sentence which consists in deprivation of liberty
3. that he evades the service of his sentence by escaping during the term of his sentence
1. that the offender is a convict by final judgment, who is confined in a penal institution
2. that there is disorder, resulting from:
a. conflagration
b. earthquake
c. explosion
d. similar catastrophe
e. mutiny in which he has not participated
3. 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
4. that the offender fails to give himself up to the authorities within 48 hours following the issuance of a
proclamation by the Chief Executive announcing the passing away of such calamity
1. that the offender was a convict
2. that he was granted a conditional pardon by the Chief Executive
3. that he violated any of the conditions of such pardon
1. that the offender was already convicted by final judgment of one offense
2. that he committed a new felony before beginning to serve such sentence or while serving the same

TITLE FOUR
CHAPTER 1: FORGERIES
SECTION 1: FORGING THE SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, THE SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE
161
COUNTERFEITIN ACTS PUNISHED
G THE GREAT
1. forging the great seal of the government of the Philippines
SEAL OF THE
2. forging the signature of the President

162

163

164

165

GOVERNMENT
OF THE
PHILIPPINE
ISLANDS,
FORGING THE
SIGNATURE OR
STAMP OF THE
CHIEF
EXECUTIVE
USING FORGED
SIGNATURE OR
COUNTERFEIT
SEAL OR STAMP
MAKING AND
IMPORTING AND
UTTERING
FALSE COINS
MUTILATION OF
COINS

SELLING OF
FALSE OR
MUTILATED
COIN, WITHOUT
CONNIVANCE

3. forging the stamp of the President

1. the great seal of the republic was counterfeited or the signature or stamp of the Chief Executive was
forged by another person
2. the offender knew of the counterfeiting or forgery
3. he used the counterfeit seal or forged signature or stamp
SECTION 2: COUNTERFEITING COINS
1. there be false or counterfeited coins
2. the offender either made, imported or uttered such coins
3. in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers
ACTS PUNISHED UNDER ART. 164
1. mutilating coins of the legal currency, with the further requirement that there be intent to damage or
to defraud another
2. importing or uttering such mutilated coins, with the further requirement that there must be
connivance with the mutilator or importer in case of uttering
ACTS PUNISHED UNDER ART. 165
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. with intent to utter
3. knowledge

2. actually uttering such false or mutilated coin, knowing the same to be false or mutilated
ELEMENTS
1. actually uttering
2. knowledge
SECTION 3: FORGING TREASURY OR BANK NOTES, OBLGATIONS AND SECURITIES; IMPORTING AND UTTERING FALSE OR FORGED
NOTES, OBLIGATIONS AND SECURITIES
166
FORGING
3 PENALIZED UNDER ART. 166
TREASURY OR
1. forging or falsification of treasury or bank notes or other documents
BANK NOTES OR 2. importation of such false or forged obligations or notes
OTHER
3. uttering of such false or forged obligations or notes in connivance with the forgers or importers
DOCUMENTS
PAYABLE TO
BEARER;
IMPORTING AND

167

168

169

UTTERING SUCH
FALSE OR
FORGED NOTES
AND
DOCUMENTS
COUNTERFEITIN
G, IMPORTING
AND UTTERING
INSTRUMENTS
NOT PAYABLE
TO BEARER
ILLEGAL
POSSESSION
AND USE OF
FALSE
TREASURY OR
BANK NOTES
AND OTHER
INSTRUMENTS
OF CREDIT
HOW FORGERY
IS COMMITTED

1. there be an instrument payable to order or other document of credit not payable to bearer
2. offender either forged, imported or uttered such instrument
3. in case of uttering, he connived with the forger or importer

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. the offender knows that any of those instruments is forged or falsified
3. he performs any of these acts
a. using any of such forged or falsified instruments
b. possessing with the intent to use any of such forged or falsified instruments

CRIME OF COUNTERFEITING OR FORGING TREASURY OR BANK NOTES OR OTHER

DOCUMENTS PAYABLE TO BEARER OR TO ORDER INCLUDES:
1. acts of counterfeiting or forging said instruments
2. acts of falsification
SECTION 4: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND
TELEPHONE MESSAGES
170
FALSIFICATION
1. there be a bill, resolution or ordinance enacted or approved or pending approval by either House of
OF LEGISLATIVE the Legislature or any provincial board or municipal council
DOCUMENTS
2. offender alters the same
3. he has no proper authority therefor
4. the alteration has changed the meaning of the document
171
FALSFICATION
1. the offender is a public officer, employee or notary public
BY PUBLIC
2. he takes advantage of his official position
OFFICER,
3. he falsifies a document by committing any of the following acts:
EMPLOYEE OR
a. counterfeiting or imitating any handwriting, signature or rubric
NOTARY OR
b. causing it to appear that persons have participated in any act or proceeding when they did not in fact
ECCLESIASTICAL so participate
MINISTER
c. attributing to persons who have participated in an act or proceeding statements other than those in
fact made by them
d. making untruthful statements in a narration of facts
e. altering true dates
f. making any alteration or intercalation in a genuine document which changes its meaning
g. issuing in 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
h. intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official

book
4. 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
PAR. 1: COUNTERFEITING OR IMITATING (FEIGNING) ANY HANDWRITING, SIGNATURE OR
RUBRIC
2 WAYS OF COMMITTING FALSIFICATION UNDER PAR. 1 OF ARTICLE 171:
1. counterfeiting, which is imitating any handwriting, signature or rubric
2. feigning, which is simulating a signature, handwriting or rubric out of one which does in fact exist
REQUISITES
1. there be an invent to imitate, or an attempt to imitate
2. the 2 signatures or handwritings, the genuine and the forged, bear some resemblance to each other
PAR. 2: CAUSING IT TO APPEAR THAT PERSONS HAVE PARTICIPATED IN AN ACT OR
PROCEEDING
1. offender caused it to appear in a document that a person or persons participated in an act or
proceeding
2. such person or persons did not in fact so participate in the act or proceeding
PAR. 3: ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN ANY ACT OR PROCEEDING
STATEMENTS OTHER THAN THOSE IN FACT MADE BY THEM
1. a person or persons participated in an act or a proceeding
2. such person or persons made statements in that act or proceeding
3. offender, in making a document, attributed to such person or persons statements other than those in
fact made by such person or persons
PAR. 4: MAKING UNTRUTHFUL STATEMENTS IN A NARRATION
1. offender makes in a document statements in a narration of facts
2. he has a legal obligation to disclose the truth of the facts narrated by him
3. the facts narrated by offender are absolutely false
4. the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third
person
PAR. 5: ALTERING TRUE DATES
PAR. 6: MAKING ALTERATION OR INTERCALATION IN A GENUINE DOCUMENT WHICH CHANGES
ITS MEANING
1. there be an alteration (change) or intercalation (insertion) on a document
2. it was made on a genuine document
3. the alteration or intercalation has changed the meaning of the document
4. the change made the document speak something false

172

FALSIFICATION

PAR. 7: ISSUING IN AUTHENTICATED FORM A DOCUMENT PURPORTING TO BE A COPY OF AN

ORIGINAL DOCUMENT WHEN NO SUCH ORIGINAL EXISTS, OR INCLUDING IN SUCH A COPY A
STATEMENT CONTRARY TO, OR DIFFERENT FROM, THAT OF THE GENUINE ORIGINAL
3 ACTS PUNISHED UNDER ARTICLE 172

BY PRIVATE
INDIVIDUALS
AND USE OF
FALSIFIED
DOCUMENTS

1. falsification of public, official or commercial document by a private individual

2. falsification of private document by any person
3. use of falsified document
FALSIFICATION UNDER PAR. 1 OF ARTICLE 172
1. the offender is a private individual or a public officer or employee who did not take advantage of his
official position
2. he committed any of the acts of falsification enumerated in Article 171
3. the falsification was committed in a public or official or commercial document
4 KINDS OF DOCUMENTS FALSIFIED MUST BE PUBLIC, OFFICIAL OR COMMERCIAL
1. PUBLIC DOCUMENT
- a document created, executed or issued by a public official in response to the exigencies of the public
service, or in the execution of which a public official intervened.
- any instrument authorized by a notary public or a competent public official, with the solemnities
required by law
2. OFFICIAL DOCUMENT
- a document which is issued by a public official in the exercise of the functions of his office
- a public document
- falls within the larger class called public documents
3. PRIVATE DOCUMENT
- a deed or instrument executed by a private person without the intervention of a notary public or other
person legally authorized, by which document some disposition or agreement is proved, evidence or set
forth
- THEATER TICKET is a private document, because it evidences an agreement for the rent of a place in
the theater to enable a possessor to witness a theatrical performance
4. COMMERCIAL DOCUMENT
- any document defined and regulated by the Code of Commerce or any other commercial law
- documents or instruments used by merchants or businessmen to promote or facilitate trade
- EXAMPLES:
a. letters of exchange, credit, drafts, trade acceptances, checks, notes or pagares issued in the course
of a business transaction, quedans, bonds, books of accounts, and in general, any negotiable
instrument
b. quedans or warehouse receipts
c. cash files, deposit slips and bank statements
d. surety account, journal books, ledgers
e. air way bills; nature of bills lading
PUBLIC AND PRIVATE WRITINGS UNDER THE RULES OF COURT
FOLLOWING WRITINGS ARE PUBLIC:
1. written official acts, or records of the official acts of the sovereign authority, official bodies and
tribunals, and public officers, whether of the Philippines, or of a foreign country
2. documents acknowledged before a notary public except last wills and testaments

3. public records kept in the Philippines, of private documents required by law to be entered therein
ELEMENTS OF FALSIFICATION OF PRIVATE DOCUMENT
1. the offender committed any of the acts of falsification, except those in paragraph 7, enumerated in
Article 171
2. the falsification was committed in any private document
3. the falsification caused damage to a third party or at least the falsification was committed with the
intent to cause such damage
ELEMENTS OF USE OF FALSIFIED DOCUMENT
A. INTRODUCING IN A JUDICIAL PROCEEDING
1. the offender knew that a document was falsified by another person
2. the false document is embraced in Art. 171 or in any subdivisions No. 1 & 2 of Art. 172
3. he introduced said document in evidence in any judicial proceeding

173

174

FALSIFICATION
OF WIRELESS,
CABLE,
TELEGRAPH
AND
TELEPHONE
MESSAGES AND
USE OF SAID
FALSIFIED
MESSAGES

USE IN ANY OTHER TRANSACTION

1. the offender knew that a document was falsified by another person
2. the false document is embraced in Art. 171 or in any of subdivision No. 1 & 2 or Art. 172
3. he used such document (not in judicial proceedings)
4. the use of the false document caused damage to another or at least it was used with intent to cause
such damage
3 ACTS ARE PUNISHABLE UNDER ARTICLE 173
1. uttering fictitious wireless, telegraph or telephone message
2. falsifying wireless, telegraph or telephone message
3. using such falsified message
UTTERING FICTITIOUS MESSAGE OR FALSIFIYING THE SAME (PAR. 1, ART. 173)
ELEMENTS
1. 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. offender commits any of the following acts:
a. uttering fictitious wireless, cable, telegraph or telephone message
b. falsifying wireless, cable, telegraph or telephone message

USE OF SAID FALSIFIED MESSAGE

1. the accused knew that wireless, cable, telegraph or telephone message was falsified by any of the
persons specified in the first paragraph of Article 173
2. the accused used such falsified dispatch
3. the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was
with the intent to cause such prejudice
SECTION 5: FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE AND THE LIKE
FALSE MEDICAL PERSONS LIABLE FOR FALSIFICATION OF CERTIFICATES
CERTIFICATES,
1. physician or surgeon who, in connection with the practice of his profession, issued a false certificate
FALSE
(referring to the illness/injury of a person)
CERTIFICATES
2. public officer who issued a false certificate of merit of service, good conduct or similar circumstances
OF MERIT OR
3. private individual who falsified a certificate falling in the classes mentioned in 1 & 2

175

SERVICE, ETC.
USING FALSE
CERTIFICATES

1. a physician or surgeon had issued a false medical certificate, or a public officer had issued a false
certificate of merit or service, good conduct, or similar circumstances or a private person had falsified
any of said certificates
2. offender knew that the certificate was false
3. offender used the same
SECTION 6: MANUFACTURING, IMPORTING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS INTENDED FOR THE
COMMISSION OF FALSIFICATION
176
MANUFACTURIN ACTS PUNISHED UNDER ARTICLE 176:
G AND
1. making or introducing into the Philippines any stamps, dies , marks or other instruments or
POSSESSION OF implements for counterfeiting or falsification
INSTRUMENTS
2. possessing with intent to use the instruments or implements for counterfeiting or falsification made
OR IMPLEMENTS in or introduced into the Philippines by another person
FOR
FALSIFICATION
CHAPTER 2: OTHER FALSITIES
SECTION 1: USURPATION OF AUTHORITY, RANK, TITLE AND IMPROPER USE OF NAMES, UNIFORMS AND INSIGNIA
177
USURPATION OF 2 OFFENSES CONTEMPLATED IN ARTICLE 177
AUTHORITY OR 1. usurpation of authority, covered by the 1st portion
OFFICIAL
2. usurpation of official functions, covered by the 2nd portion
FUNCTIONS
2 WAYS OF COMMITTING CRIME UNDER ARTICLE 177
1. by knowingly and falsely representing oneself to be an officer, agent or representative of any
department or agency of the Philippine Government or any foreign government
2. by performing any act pertaining to any person in authority or public officer of the Philippine
Government or of a foreign government or any agency thereof, under pretense of official position,
without being lawfully entitled to do so.
178
USING
A. USING FICTITIOUS NAME
FICTITIUOS
1. offender uses a name other than his real name
NAME AND
2. offender uses that fictitious name publicly
CONCEALING
3. purpose of the offender is:
TRUE NAME
a. to conceal a crime
b. to evade the execution of a judgment
c. to cause damage to public interest

179

ILLEGAL USE OF
UNIFORMS OR
INSIGNIA

B. CONCEALING TRUE NAME

1. offender conceals
a. his true name
b. all other personal circumstances
2. purpose is only to conceal his identity
1. offender makes use of insignia, uniform or dress
2. 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. said insignia, uniform or dress is used publicly and improperly
SECTION 2: FALSE TESTIMONY

3 FORMS OF FALSE TESTIMONY

1. False testimony in criminal cases (Arts. 180 & 181)
2. False testimony in civil cases (Art. 182)
3. False testimony in other cases (Art. 183)
180
FALSE
1. that there be a criminal proceeding
TESTIMONY
2. offender testifies falsely under oath against the defendant therein
AGAINST A
3. offender who gives false testimony knows that it is false
DEFENDANT
4. the defendant against whom the false testimony is given is either acquitted or convicted in a final
judgment
181
FALSE
1. false testimony in favor of defendant need not directly influence the decision of acquittal
TESTIMONY
2. false testimony favorable to defendant need not benefit the defendant
FAVORABLE TO
3. conviction or acquittal of defendant immaterial
THE
DEFENDANT
182
FALSE
1. testimony must be given in a civil case
TESTIMONY IN
2. testimony must relate to the issues presented in said case
CIVIL CASES
3. testimony must be false
4. false testimony must be given by the defendant knowing the same to be false
5. testimony must be malicious and given with an intent to affect the issues presented in said case
183
FALSE
2 WAYS OF COMMITING PERJURY
TESTIMONY IN
1. by falsely testifying under oath
OTHER CASES
2. by making a false affidavit
AND PERJURY IN
SOLEMN
ELEMENTS
AFFIRMATION
1. accused made a statement under oath or executed an affidavit upon a material matter
2. statement or affidavit was made before a competent officer authorized to receive and administer
oath
3. in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood
4. the sworn statement or affidavit containing the falsity is required by law
184
OFFERING
1. offender offered in evidence a false witness or false testimony
FALSE
2. offender knew the witness or the testimony was false
TESTIMONY IN
3. offer was made in a judicial or official proceeding
EVIDENCE
CHAPTER 3: FRAUDS
CRIMES CLASSIFIED AS FRAUDS
1. Machinations in public auctions (Art. 185)
2. Monopolies and combinations in restraint of trade (Art. 186)
3. Importation and disposition of falsely marked articles or merchandise made of gold, silver or other precious metals (Art. 187)
4. Substituting and altering trademarks and tradenames or service marks
5. Unfair competition, fraudulent registration of tradename, trademark, or service mark; fraudulent designation of origin and false
description (Art. 189)
SECTION 1: MACHINATIONS, MONOPOLIES AND COMBINATIONS
185
MACHINATIONS ACTS PUNISHABLE UNDER ARTICLE 185
IN PUBLIC
1. by soliciting any gift or promise as a consideration for refraining from taking part in any public
AUCTIONS
auction

2. by attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other
artifice
ELEMENTS OF SOLICITING GIFTS OR PROMISES
1. there be a public auction
2. the accused solicited any gift or a promise from any of the bidders
3. such gift or promise was the consideration for his refraining from taking part in that public auction
4. the accused had the intent to cause the reduction of the price of the thing auctioned

186

MONOPOLIES

ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY

1. there be public auction
2. the accused attempted to cause the bidders to stay away from that public auction
3. it was done by threats, gifts, promises or any other artifice
4. the accused had intent to cause the reduction of the price of the thing auctioned
ACTS PUNISHED AS MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
1. combination to prevent free competition in the market
by entering into any 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 to prevent by artificial means free
competition in the market
2. monopoly to restrain free competition in the market
by monopolizing any merchandise or object of trade or commerce, or by combining with any other
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

187

IMPORTATION
AND
DISPOSITION OF
FALSELY
MARKED
ARTICLES OR
MERCHANDISE
MADE OF GOLD,
SILVER, OR

3. manufacturer, producer, or processor or importer combining, conspiring, or agreeing with any person
to make transactions prejudicial to lawful commerce of to increase the market price of merchandise
person liable is the:
a. manufacturer
b. producer
c. processor
d. importer of any merchandise or object of commerce
purpose is:
a. to make transactions prejudicial to lawful commerce
b. to increase the market price of any merchandise or object of commerce manufactured, produced,
processed, assembled or imported into the Philippines
SECTION 2: FRAUDS IN COMMERCE AND INDUSTRY
ARTICLES OR MERCHANDISE INVOLVED
1. gold
2. silver
3. other precious metals
4. their alloys
ELEMENTS
1. offender imports, sells or disposes of any of those articles or merchandise
2. the stamps, brands or marks of those articles of merchandise fail to indicate the actual fineness or

188

189

OTHER
PRECIOUS
METALS OR
THEIR ALLOYS
SUBSTITUTING
AND ALTERING
TRADEMARKS,
TRADENAMES
OR SERVICE
MARKS

UNFAIR
COMPETITION,
FRAUDULENT
REGISTRATION
OF TRADE
NAME,
TRADEMARK, OR
SERVICE MARK,
FRAUDULENT
DESIGNATION
OF ORIGIN AND
FALSE
DESCRIPTION

quality of said metals or alloys

3. offender knows that the stamps, brands or marks fail to indicate the actual fineness or quality of the
metals or alloys
ACTS PUNISHABLE UNDER ARTICLE 188
1. by a) substituting the tradename or trademark of some other manufacturing or dealer, or a colorable
imitation thereof, for the trade name or trademark of the real manufacturer or dealer upon any article
of commerce and 2) selling the same
2. by selling or by offering for sale such articles of commerce, knowing that the tradename or
trademark has been fraudulently used
3. by using or substituting the service mark of some other person, or a colorable imitation of such mark,
in the sale or advertising of his services
4. by printing, lithographing, or reproducing tradename, trademark or service mark of one person, or a
colorable imitation thereof, to enable another person to fraudulently use the same, knowing the
fraudulent purpose for which it is to be used
ACTS PUNISHED UNDER ARTICLE 189
1. by selling the goods, giving them general appearance of the goods of another manufacturer or dealer
(Unfair competition)
2. 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 (Fraudulent designation of
origin; False description)
3. by procuring fraudulently from the patent office the registration of trade name, trademark or service
mark (Fraudulent registration)
ELEMENTS OF TRADEMARK INFRINGEMENT
1. validity of plaintiffs mark
2. plaintiffs ownership of the mark
3. use of the mark or its colorable imitation by the alleged infringer results in likelihood of confusion
ELEMENTS OF UNFAIR COMPETITION
1. confusing similarity in the general appearance of the goods
2. intent to deceive the public and defraud a competitor
LIABLE FOR FALSE DESIGNATION OF ORIGIN
Any person who, or in connection with any goods or services, or any container for goods, uses in
commerce, any word, term, name, symbol or device or any false designation of origin, false or
misleading description of fact, or false or misleading representation of fact, which:
a) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection or
association of such person with another person, or as to the origin, sponsorship or approval of his or her
goods, services or commercial activities by another person
b) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities or
geographic origin of his or her or another persons goods, services or commercial activities