Revised Penal Code Elements

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REVISED PENAL CODE

SUMMARY OF ELEMENTS
Title One: Crimes Against National Security and the Laws of the
Nations
CHAPTER ONE
CRIMES AGAINST NATIONAL SECURITY
(Arts. 114-123)
ARTICLE 114
TREASON

Elements:
1. The offender (a Filipino citizen or an alien residing in the Philippines)
owes Allegiance to the Government of the Philippines;
2. There is a War in which the Philippines is involved; and
3. The offender either:
a. Levies war against the government; or
b. Adheres to the enemies, giving them aid or comfort.
Two (2) ways of Committing Treason:
1. Levying war
Requisites:
a. There is an actual assembly of men; and
b. For the purpose of executing a treasonable design by force
2. Adherence to the Enemies of the Philippines,
Giving them Aid or Comfort
Requisites:
a. Adherence to the Enemies; and
b. Giving Aid or comfort to them (Id)

ARTICLE 115
CONSPIRACY AND PROPOSAL
TO COMMIT TREASON
Conspiracy to Commit Treason
Conspiracy to commit treason is committed when in time of war:
1. Two or more persons come to an agreement to levy war against
the Government; or
2. To adhere to the enemies and give them aid or comfort, and
decide to commit it.
ARTICLE 116
MISPRISION OF TREASON
Elements:
1. The offender is a Citizen of the Philippines, and not a Foreigner;
2. He has knowledge of any Conspiracy to commit treason against
the Government; and
3. He Conceals or does not disclose and make known the same as
soon as possible to the proper authority

ARTICLE 117
ESPIONAGE
Two (2) Ways of Committing Espionage: (ED)
1. By entering, without authority, a warship, fort, or military or
naval establishment or reservation to obtain any information,
plans, photographs, or other data of confidential nature
relative to the defense of the Philippines (RPC, Art. 117, Par. 1).
Elements:
a. The offender enters any of the Places mentioned therein:
i. Warship
ii. Fort, or
iii. Military or naval establishment or reservation

SUMMARY OF ELEMENTS
b. He has no authority therefor; and
c. His purpose is to obtain information, plans, photographs or other
data of a confidential nature relative to the defense of the
Philippines
1. By disclosing to the representative of a foreign nation the contents
of the articles, data or information referred to in the preceding
paragraph, which he had in his possession by reason of the public
office he holds (RPC, Art. 117, Par. 2).
Elements:
a. The offender is a public officer;
b. He has in his possession the articles, data or information referred
to in Par. 1 of Art. 117, by reason of the public he holds; and
c. He discloses their contents to a representative of a foreign nation

ARTICLE 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
Elements:
1. The offender performs unlawful or unauthorized acts; and
2. Such acts:
a. Provoke or give occasion for a war involving or liable to involve
the Philippines; or
b. Expose Filipino citizens to reprisals on their persons and
property.

ARTICLE 119
VIOLATION OF NEUTRALITY
Elements:
1. There is a war in which the Philippines is not involved
2. There is a regulation issued by a competent authority for the
purpose of enforcing neutrality; and
3. The Offender violates such regulation (Id. at 28-29)

ARTICLE 120
CORRESPONDENCE WITH HOSTILE COUNTRY
Elements:
1. It is made in time of war in which the Philippines is involved;
2. The offender makes correspondence with the:
a. Enemy country; or
b. Territory occupied by the enemy troops; and
3. The correspondence is either:
a. Prohibited by the Government;
b. Carried on in ciphers or conventional signs; or
c. Contains notice or information which might be useful to the
enemy (Id. at 29-30)
ARTICLE 121
FLIGHT TO ENEMY’S COUNTRY
Elements:
1. There is a war in which the Philippines is involved;
2. The offender owes allegiance to the government;
3. The offender attempts to flee or go to the enemy country; and
4. Going to the enemy country is prohibited by the competent
authority (Id. at 31).

ARTICLE 122
PIRACY IN GENERAL AND MUTINY O THE HIGH SEAS OR IN
PHILIPPINE WATERS

Modes of Committing piracy:


1. Attacking or seizing a vessel on the high seas or in Philippine
waters; or
2. Seizing in the vessel, while on the high seas or in Philippine
waters, the whole or part of its cargo, its equipment or personal
belongings of its complement or passengers

ARTICLE 123
QUALIFIED PIRACY
Qualifying Circumstances:
1. Whenever the offenders have seized the vessel by boarding or
firing upon the same;
2. Whenever the pirates have abandoned their victims without
means of saving themselves; or
3. Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape.

SUMMARY OF ELEMENTS
Title Two: Crimes Against the Fundamental Law of the State

CHAPTER ONE
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF
DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS
WORSHIP (Arts. 124-133)

ARTICLE 124
ARBITRARY DETENTION
Elements:
1. The offender is a public officer or employee;
2. He detains a person; and
3. The detention is without a legal grounds (Astorga v. People, G.R.
No. 154130, October 1, 2003)

ARTICLE 125
DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
Elements:
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal ground; and
3. That he fails to deliver such person to the proper judicial
authorities within:
a. Twelve (12) hrs. for offenses of crimes punishable by light
penalties, or their equivalent; or
b. Eighteen (18) hrs. for offenses or crimes punishable by
correctional penalties, or their equivalent; or
c. Thirty-six (36) hrs. for offenses or crimes punishable by
afflictive penalties or their equivalent

ARTICLE 126
DELAYING RELEASE
Punishable Acts:
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; and
3. By unduly delaying the proceedings upon any petition for the
liberation of such person
Elements:
1. The offender is a public officer or employee;
2. There is a judicial or executive order for the release of the
prisoner or detention prisoner, or that there is a proceeding upon
a petition for the liberation of such person; and
3. The offender without good reason delays either:
a. The service of the notice of such order to the prisoner;
b. The performance of such judicial or executive order for the
release of the prisoner; or
c. The proceedings upon a petition for the release of such person
(Id).
ARTICLE 127
EXPULSION
Punishable Acts:
1. By expelling a person from the Philippines; or
2. By compelling a person to change his residence.
Elements:
1. The offender is a public officer or employee;
2. The expels any person from the Philippines, or compels a person
to change his residence; and
3. The offender is NOT authorized to do so by law.

ARTICLE 128
VIOLATION OF DOMICLE
Elements:
1. The offender is a public officer or employee;
2. He is not authorized by judicial order to enter the dwelling and/or
to make a search for papers or other effects; and
3. The offender shall;
a. Enter any dwelling against the will of the owner thereof;
b. Search papers or others effects found therein without the
previous consent of such owner; or
c. Refuse to leave the premises, after having surreptitiously
entered said dwelling and after having been required to leave
the same
ARTICLE 129
SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN
THE SERVICE OF THOSE LEGALLY OBTAINED
Punishable Acts:
1. Procuring a search warrant without just cause; or

Elements:
a. The offender is a public officer or employee;
b. He procedures a warrant; and
c. There is no Just cause
2. Exceeding his authority or by using unnecessary severity in
executing a search warrant legally procured.
Elements:
a. The offender is a public officer or employee;
b. He has legally procured a search warrant; and
c. He exceeds his authority or uses unnecessary severity in
executing the same.

ARTICLE 130
SEARCHIG DOMICILE WITHOUT WITNESSES
Elements:
1. The offender is a public officer or employee;
2. He is armed with a search warrant legally procured;
3. He searches the domicile, papers or other belongings of any
persons; and
4. The owner, or any member of his family or two witnesses residing
in the same locality are not present.
ARTICLE 131
PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL
MEETINGS
Common Elements:
1. The offender is a public officer or employee; and
2. He performs any of the acts enumerated in violation of the right
to Association and Peaceful Assembly.
Punishable Acts:
1. Prohibiting, interrupting, or dissolving without legal ground the
holding of a peaceful meeting.

Requisites:
a. The meeting must be peaceful; and
b. There is no legal ground for prohibiting, or interrupting or
dissolving that meeting
2. Hindering any person from joining any lawful association or from
attending any of its meetings; or
3. 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 (Id.)

ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP
Elements:
1. The offender is a public officer or employee;
2. Religious ceremonies or manifestations of any religion are about
to take place or are going on; and
3. The offemder prevents or disturbs the same
ARTICLE 133
OFFENDING THE RELIGIOUS FEELINGS
Elements:
1. The acts complained of were performed:
a. In a place devoted to religious worship; or
b. During the celebration of any religious ceremony; and
2. The acts must be notoriously offensive to the feelings of the
faithful

Title Three: Crimes Against Public Order

CHAPTER ONE
REBELLION, SEDITION ANDN DISLOYALTY
(Arts. 134-142)

ARTICLE 134
REBELLION/INSURRECTION
Elements:
1. There be:
a. Public uprising; and
b. Taking up of arms against the government; and
2. The purpose of the uprising or movement is either:
a. Removing from the allegiance to said Government or its laws:
i. The territory of the Philippines, or any part thereof; or
ii. Any Body of land, naval or other armed forces; or
b. Depriving wholly or partially, any of the powers or prerogatives
of the:
i. Chief Executive; or
ii. Congress
ARTICLE 134-A
COUP D’ETAT
Elements:
1. The offender is a person or persons belonging to the military or
police or 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. The attack is directed against duty constituted authorities of the
Republic of the Philippines, or any military camp or installation, or
communication networks, public utilities or other facilities needed
for the exercise ad continued possession of power; and
4. The purpose of the attack is to seize or diminish state power

ARTICLE 135
PENALTY FOR REBELLION OR INSURRECTION OR COUP D’ETAT
Persons liable for rebellion, Insurrection and/or Coup d’etat:
1. The leaders-
a. Any person who:
i. Promotes;
ii. Maintains; or
iii. Heads a rebellion or insurrection; or
b. Any person who
i. Leads;
ii. Directs; or
iii. Commands others to undertake a coup d’etat;
2. The participants-
a. Any person who:
i. Participates; or
ii. Executes the commands of others in rebellion, or
insurrection;
b. Any person in the Government service who:
i. Participates; or
ii. Executes directions or commands of others in
undertaking in a coup d’etat;
c. Any person not in the Government service who:
i. Participates;
ii. Supports;
iii. Finances;
iv. Abets; or
v. Aids in undertaking in a coup d’etat

ARTICLE 136
CONSPIRACY AND PROPOSAL TO COMMIT REBELLION, INSURRECTION
OR COUP D’ETAT
Two crimes personalized under this Article:
1. Conspiracy to commit rebellion; and
2. Proposal to commit rebellion.

ARTICLE 137
DISLOYALTY OF PUBLIC OFFICERS OR E MPLOYEES
Punishable Acts:
1. Failing to resist a rebellion by all means in their power;
2. Continuing to discharge the duties of their office under the
control of the rebels; and
3. Accepting appointment to office under the rebels.
ARTICLE 138
INCITING TO REBELLION OR INSURRECTION
Elements:
1. The offender does not take up arms or is not in open hostility
against the Government;
2. He incites other to the execution of any of the acts of rebellion;
and
3. The inciting is done by means of speeches, proclamations,
writings, emblems, banners or other representations tending to
the same end.

ARTICLE 139
SEDITION
Elements:
1. The offenders rise:
a. Publicity; and
b. Tumultuously;
2. They employ force, intimidation, or other means outside of legal
methods; and
3. The offenders employ any of those means to attain any of the
following objects: (PEIC-D)
a. To prevent the promulgation or execution of any law or the
holding of any popular election;
b. To prevent the Government or any public officer 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; or
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.

ARTICLE 140
PENALTY FOR SEDITION
Persons Liable:
1. The leader of the sedition; and
2. Other persons participating in the sedition

ARTICLE 141
CONSPIRACY TO COMMIT SEDITION
There must be an agreement and a decision to rise publicly and
tumultuously to attain any of the objects of sedition (Id. at 110).
Only conspiracy to commit sedition is punishable and not proposal to
commit sedition (Id).
ARTICLE 142
INCITING TO SEDITION
Punishable Acts:
1. Inciting others to commit sedition by means of speeches,
proclamations, writings, emblems, cartoons, banners, or other
representations tending to the same end;
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 its duly constituted authorities which tend
to disturb public peace; and
4. Knowingly concealing such evil practices (Id. at 111).
Elements of Act. No. 1:
1. The 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; and
3. The inciting is done by means of speeches, proclamations,
writings, emblems, cartoons, banners, or other representations
tending to the same end. (Id. at 111).
Acts No. 2 & 3 punishable when:
1. They tend to disturb or obstruct any lawful officer in executing the
functions of his office;
2. They tend to instigate others to cabal and meet together for
unlawful purposes;
3. They suggest or incite rebellious conspiracies or riots; or
4. They lead or tend to stir up the people against the lawful
authorities or disturb the peace of the community, and the safety
and order of the Government (Id. at 113)
CHAPTER TWO
CRIMES AGAINST POPULAR REPRESENTATION (Arts. 143-145)
ARTICLE 143
ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND
SIMILAR BODIES
Elements:
1. There be a projected or actual meeting of the congress or any of
its committees or subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial board or city
or municipal council or board; and
2. The offender, who may be any person, prevents such meeting by
force or fraud

ARTICLE 144
DISTURBANCE OF PROCEEDINGS
Elements:
1. There be a meeting of congress or any of its committees or
subcommittees, constitutional commissions or committees or
divisions thereof, or any provincial board or city or municipal
council or board; and
2. The offender does any of the following acts:
a. He disturbs any of such meetings; or
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
ARTICLE 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Punishable Acts:
1. Using force, intimidation, threats or frauds to prevent any
member from (ACE)
a. Attending the meetings of congress or any of its committees or
subcommittees, constitutional commissions or committees or
divisions thereof;
b. Casting his vote; or
c. Expressing his opinions
Elements of the First Act:
a. The offender uses force, intimidation, threats or fraud; and
b. The purpose of the offender is to prevent any member of
congress from:
i. Attending the meetings of the congress or any of its
committees or constitutional commissions, etc.;
ii. Expressing his opinions; or
iii. Casting his vote (Id).
2. Arresting or searching any member while congress is in session,
except in cases where such member has committed a crime
punishable under the code by a penalty higher than prision
correccional (Id. at 121)
Elements of the Second Act:
a. The offender is a public officer or employee;
b. He arrests or searches any member of the Congress;
c. The congress, at the time of arrest or search, is in regular or
special session; and
d. The member arrested or searched has not committed a crime
punishable under the code by a penalty higher than prision mayor
(Id.).

CHAPTER THREE
ILLEGAL ASSEMBLIES AND ASSCIATIONS (Arts. 146-147)
ARTICLE 146
ILLEGAL ASSEMBLIES
Two kinds of Illegal assemblies:
1. Any meeting attended by armed persons for the purpose of
committing any of the crimes punishable under the RPC;

Requisites:
a. There is a meeting, gathering or group of persons, whether
in a fixed place or moving;
b. The meeting is attended by armed persons; and
c. The purpose of the meeting is to commit any of the crimes
punishable under the RPC.
2. Any meeting in which the audience, whether armed or not, is
incited to the commission of the crime or treason, rebellion or
insurrection, sedition, or assault upon a person in authority or his
agent.

Requisites:
a. There is a meeting, a gathering or group of persons, whether
in a fixed place or moving; and
b. The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion of
insurrection, sedition or direct assault

ARTICLE 147
ILLEGAL ASSOCIATIONS
Prohibited Associations:
Associations totally or partially organized for:
1. The purpose of committing any of the crimes punishable under
the RPC; or
2. Some purpose contrary to public morals

CHAPTER FOUR
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS
IN AUTHORITY AND THEIR AGENTS (Arts. 148-152)
ARTICLE 148
DIRECT ASSAULT
Two Ways of Committing Direct Assault:
1. Without public uprising, by employing force or intimidation for
the attainment of any of the purposes enumerated in defining the
crimes of sedition and rebellion.
Elements:
a. The offender employs force or intimidation;
b. The aim of the offender is to attain any of the purposes of the
crime of rebellion or any of the objects of the crime of
sedition; and
c. There is no public uprising
2. Without public uprising, by attacking, by employing force or
seriously intimidating or by seriously resisting any person in
authority (PA) or agents of persons in authority (APA), while
engaged in the performance of official duties, or on the occasion
of such performance.
Elements:
a. The Offender:
i. Makes an attack – includes any offensive or antagonistic
movement or action of any kind (equivalent to
aggression);
ii. Employs force;
iii. Makes a serious intimidation (unlawful coercion, duress,
putting someone in fear, exertion of an influence in the
mind which must be both immediate and serious); or
iv. Make a serious resistance (if not serious, crime
committed may be that under Art. 151 or resistance and
disobedience).
b. The Person assaulted is a person in authority or his agent;
c. At the time of the assault the person in authority or his agent:
i. Is engaged in the actual performance of official duties;
or
ii. That he is assaulted by reason of the past performance
of his official duties.
d. The offender knows that the one he is assaulting is a person in
authority or his agent in the exercise of his duties; and
e. There is no public uprising (Id. at 132).
ARTICLE 149
INDIRECT ASSAULT
Elements:
1. A PA or APA is the victim of any of the forms of direct assault
defined in Art. 148;
2. A person comes to the aid of the APA; and
3. That the offender makes use of force or intimidation upon such
person coming to the aid of the APA (Id.)

SUMMARY OF ELEMENTS
ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY,
ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL
COMMISSION, ITS COMMITTEES, SUBCOMMITTEE OR DIVISIONS
Punishable Acts:
1. Refusing, without legal excuse, to obey summons of congress, or
any commission or committee chairman or member authorized to
summon witnesses;
2. Refusing to be sworn or placed under affirmation while before
such legislative or constitutional body or official;
3. 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. Restraining another from attending as a witness in such legislative
or constitutional body; and
5. Inducing disobedience to summons or refusal to be sworn by any
such body or official.
ARTICLE 151
RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE
AGENTS OF SUCH PERSON
Elements of Resistance & Serious Disobedience:
1. A PA or his APA is engaged in the performance of official duty or
gives a lawful order to the offender;
2. The offender resists or seriously disobeys such person in authority
or his agent; and
3. The act of the offender is not included in the provisions of Arts.
148-150.
Elements of Simple Disobedience:
1. An APA is engaged in the performance of official duty or gives a
lawful order to the offender;
2. The offender disobeys such APA; and
3. Such disobedience is not of a serious nature (Id. at 155).

ARTICLE 152
PERSONS IN AUTHORITY & AGENTS OF PERSONS IN AUTHORITY
Person in Authority (PA)
Any person directly vested with jurisdiction, whether as an individual or
as a member of some court or government corporation, board or
commission (RPC, Art. 152, par. 1)
Agent of a Person in Authority (APA)
Any person who, by direct provision of law or by election or by
appointment by competent authority, is charged with the maintenance
of public order and the protection and security of life and property
(RPC, Art. 152, Par. 2).
CHAPTER FIVE
PUBLIC DISORDERS (Arts. 153-156)
ARTICLE 153
TUMULTS & OTHER DISTURBANCES OF PUBLIC ORDER
Punishable Acts:
1. Causing any serious disturbance in a public place, office or
establishment;
2. Interrupting or disturbing public performances; functions or
gatherings, or peaceful meetings, if the act is not included in Arts.
131-132;
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; and
5. Burying with pomp the body of a person who has been legally
executed
ARTICLE 154
UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES
Punishable Acts:
1. Publishing or causing to be published, by means of printing,
lithography or any other means of publication, as news any false
news which may endanger the public order, or cause damage to
the interest or credit of the state;
2. Encouraging disobedience to the law or to the constituted
authorities or by praising, justifying or extolling any act punished
by law, by the same means or by words, utterances or speeches;
3. Maliciously publishing or causing to be published any official
resolution, or document without authority or before they have
been published officially; and
4. Printing, publishing, or distributing (or causing the same) book,
pamphlets, periodicals, or leaflets which do not bear the real
printer’s name, or which are classified as anonymous.

ARTICLE 155
ALARMS & SCANDALS
Punishable Acts:
1. Discharging any firearm, rocket, firecracker, or other explosive
within any town or public place, 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; and
4. Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Art. 153 is not applicable.

ARTICLE 156
DELIVERING PRISONERSS FROM JAIL
Elements:
1. There is a person confined in a jail or penal establishment;
2. The offender removes therefrom such person, or helps the escape
of such person

CHAPTER SIX
EVASION OF SERVICE OF SENTENCE (Arts. 157-159)
ARTICLE 157
EVASION OF SERVICE OF SENTENCE
Elements:
1. The offender is a convict by final judgment;
2. He is serving his sentence, which consists in deprivation of liberty;
and
3. He evades the service of his sentence by escaping during the term
of his sentence (Id. at 171-172)

ARTICLE 158
EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER
CALAMITIES
Elements:
1. The offender is a convict by final judgment, when confine in a
penal institution;
2. There is disorder, resulting from: (MEECS)
a. Mutiny in which he has not participated;
b. Earthquake;
c. Explosion;
d. Conflagration; or
e. Similar catastrophe.
3. The offender leaves the penal institution where he is confined, on
the occasion of such disorder or during the mutiny; and
4. 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.

ARTICLE 159
OTHER CASES OF EVASION OF SENTENCE (CONDITIONAL PARDON)
Elements:
1. The offender was a convict;
2. He was granted a conditional pardon by the Chief Executive; and
3. He violated any of the conditions of such pardon.

CHAPTER SEVEN
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE (Art. 160)
ARTICE 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE (QUASIRECIDIVISM)
Elements:
1. The offender was already convicted by final judgment of one
offense; and
2. He committed a new felony before beginning to serve such
sentence or while serving the same.
Title Four: Crimes Against Public Interest

CHAPTER ONE
FORGERIES (Arts. 161-176)
ARTICLE 161
COUNTERFEITING SEAL OF GOVERNMENT, SIGNATURE AND STAMP
OF PRESIDENT
Punishable Acts:
1. Forging the Great Seal of the Government of the Philippines;
2. Forging the signature of the president; and
3. Forging the stamp of the president

SUMMARY OF ELEMENTS
ARTICLE 162
USE OF FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP
Elements:
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; and
3. He used the counterfeit seal or forged signature or stamp (Id. at
191).
ARTICLE 163
MAKING AND IMPORTING AND UTTERING FALSE COINS
Elements:
1. There be false or counterfeited coins;
2. The offender either made, imported or uttered such coins; and
3. In case of uttering such false or counterfeited coins, he connived
with the counterfeiters or importers (Id. at 192)

ARTICLE 164
MUTILATION OF COINS – IMPORTATION AND UTTERANCE OF
MUTILATED COINS
Punishable Acts:
1. Mutilating coins of the legal currency, with the intent to damage
or to defraud another; and
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 (Id. at 194-195).

ARTICLE 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
Punishable Acts:
1. Possession of coin, counterfeited or mutilated by another with
intent to utter the same knowing that it is false or mutilated; and
Elements:
a. Possession;
b. With intent to Utter; and
c. Knowledge.
2. Actually uttering false or mutilated coin, knowing it to be false or
mutilated.
Elements:
a. Actually Uttering; and
b. Knowledge (Id).

ARTICLE 166
FORGING TREASURY OR BANK NOTED OR OTHER DOCUMENTS
PAYABLE TO BEARER; IMPORTING AND UTTERING THE SAME
Punishable Acts:
1. Forging or falsification of treasury or bank notes or other
documents payable to bearer;
2. Importation of the same; and
3. Uttering the same in connivance with forgers or importers.

ARTICLE 167
COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT
PAYABLE TO BEARER
Elements:
1. There be an instrument payable to order or other document of
credit not payable to bearer;
2. The offender either forged, Imported or uttered such instrument;
3. In case of uttering, he connived with the importer.
ARTICLE 168
ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES
AND OTHER INSTRUMENTS OF CREDIT
Elements:
1. The treasury or bank note or certificate or other obligation and
securities payable to bearer or any instrument payable to order or
other document of credit not payable to bearer is forged or
falsified by another;
2. The offender knows that any of these instruments is forged or
falsified; and
3. He performs any of these acts;
a. Using any of such forged or falsified instruments; or
b. Possessing with intent to use, any of the forged or falsified
documents.

ARTICLE 169
HOW FORGERY IS COMMMITTED
Ways of Committing Forgery:
1. Giving to a treasury or bank note or any instrument payable to
bearer or to order the appearance of a true and genuine
document; or
2. Erasing, substituting, counterfeiting, or altering by any means the
figures, letters, words, or signatures contained therein.

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