CRIMINAL LAW

BOOK II
SUBMITTED TO:
Atty. EDEN BARBACENA

SUBMITTED BY:
Mr. JAYSON G. QUIMING

CRIMINAL LAW BOOK II

Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Chapter One
CRIMES AGAINST NATIONAL SECURITY
Section One. — Treason and espionage
Art. 114. Treason. — Any person who, owing allegiance to (the United States or) the
Government of the Philippine Islands, not being a foreigner, levies war against them or
adheres to their enemies, giving them aid or comfort within the Philippine Islands or
elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed
P20,000 pesos.

ELEMENT OF TREASON
1. The offender is a Filipino citizen or an alien residing in the Philippines (offender owes
allegiance to the Government of the Philippines)
2. There is a war in which the Philippines is involved.
3. The offender either -a) levies war against the Government b) adheres to the enemies,
giving them aid of comfort.

Art. 115. Conspiracy and proposal to commit treason; Penalty. — The

conspiracy or
proposal to commit the crime of treason shall be punished respectively, by prision mayor and
a fine not exceeding P10,000 pesos, and prision correccional and a fine not exceeding P5,000
pesos..

ELEMENTS:
1. In time of war
2. 2 or more persons come to an agreement to
1. levy war against the government, or
2. adhere to the enemies and to give them ald or comfort,
1. They decide to commit it

ELEMENTS OF PROPOSAL TO COMMIT TREASON

2. A person who has decided to levy war against the government, or to adhere to the
enemies and to give them aid or comfort, proposes its execution to some other person/s.
• Mere agreement and decisions to commit treason is punishable
• Mere proposal even without acceptance is punishable too. If the other accepts, it is
already conspiracy.

Art. 116. Misprision of treason. — Every person owing allegiance to (the United
States) the Government of the Philippine Islands, without being a foreigner, and having
knowledge of any conspiracy against them, conceals or does not disclose and make known
the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal
of the city in which he resides, as the case may be, shall be punished as an accessory to the
crime of treason.

ELEMENTS OF MISPRISION OF TREASON

1) Offender must be owing allegiance to the Government, and not a foreigner Misprision of
treason cannot be committed by a resident alien
2) He has knowledge of any conspiracy (to commit treason) against the Government The
conspiracy is one to commit treason as defined in Article 115
- Knowledge of any conspiracy against the Government, not knowledge of treason actually
committed by another
3) He conceals or does not disclose and make known the same as soon as possible the
governor or fiscal of the province or the mayor or the fiscal of the city in which he resides .

Article 116 is an exception to the rule that mere silence does not make a person criminally
liable because the very existence of the state itself is threatened and conspiracy to commit
treason is mired in secrecy, hence the need for disclosure.

Art. 117. Espionage. — The penalty of prision correccional shall be inflicted upon any
person who:
1. Without authority therefor, enters a warship, fort, or naval or military establishment or
reservation to obtain any information, plans, photographs, or other data of a confidential
nature relative to the defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data, or
information referred to in the preceding paragraph, discloses their contents to a
representative of a foreign nation.chanrobles virtual law library
The penalty next higher in degree shall be imposed if the offender be a public officer or
employee.
Section Two. — Provoking war and disloyalty in case of war
Ways of Committing Espionage
1) By entering, without authority therefor, a warship, fort, or naval or military establishment
or reservation other data of a confidential nature relative to the to obtain any information,
plans, photographs defense of the Philippines
ELEMENTS:
1) The offender enters any of the places mentioned therein
2) He has no authority therefor3) His purpose is to obtain any information, plans,
photographs, or other data of a
confidential nature relative to the defense of the Philippines
2) By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred to in paragraph no. 1 of Article 117, which he had in his possession by
reason of the public office he holds
ELEMENTS:
1) The offender is a public officer
2) He has in his possession the articles, data or information referred to in paragraph no. 1 of
Article 117, by reason of the public office he holds
3) He discloses their contents to a representative of a foreign nation
The offender must have the intention to obtain information relative to the defense of the
Philippines to be liable. It is sufficient that he has the purpose to obtain any of them when
he entered a warship, fort, er naval or military establishment.

ESPIONAGE VS. TREASON

Espionage is a crime not conditioned by the citizenship of the offender, same as with
Treason.
Treason is committed only in time of war. Espionage may be committed both in time of
peace and in time of war.
Treason is limited in two ways of committing the crime-3) levying war: 2) adhering to the
enemy and giving him aid or comfort. Espionage may be committed in many ways
(including provisions of Commonwealth Act No. 636)

Art. 118. Inciting to war or giving motives for reprisals. — The penalty of
reclusion temporal
shall be imposed upon any public officer or employee, and that of prision mayor upon any
private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a
war involving or liable to involve the Philippine Islands or exposes Filipino citizens to
reprisals on their persons or property.

ELEMENT OF INCITING TO WAR OR GIVING MOTIVES FOR REPRISAL

1) The offender performs unlawful or unauthorized acts
2) Such acts provoke or give occasion for a war involving or liable to involve the
Philippinesor expose Filipino citizens to reprisals on their persons or property.

Art. 119. Violation of neutrality. — The penalty of prision correccional shall be inflicted
upon
anyone who, on the occasion of a war in which the Government is not involved, violates
any regulation issued by competent authority for the purpose of enforcing
neutrality.
Element of Violation of neutrality
1) There is a war in which the Philippines is not involved
2) There is a regulation issued by competent authority for the purpose of enforcing
neutrality (The violation of such regulation is what constitutes the crime.)
3) The offender violates such regulation

Art. 120. Correspondence with hostile country.

ELEMENTS:
1) It is in time of war in which the Philippines is involved
2) The offender makes correspondence with an enemy country or territory occupied by
enemy troops
3) The correspondence is either Prohibited by the Government (even if correspondence
contains innocent matters) Carried on in ciphers or conventional signs (prohibition by the
Government is not essential) Containing notice or information which might be useful to the
enemy (prohibition by the Government is not essential)

Art. 121. Flight to enemy country. — The penalty of arresto mayor shall be inflicted
upon
any person who, owing allegiance to the Government, attempts to flee or go to an enemy
country when prohibited by competent authority.
Section Three. — Piracy and mutiny on the high seas

ELEMENTS:
1) There is a war in which the Philippines is involved
2) The offender must be owing allegiance to the Government
3) The offender attempts to flee or go to enemy country4) Going to enemy country is
prohibited by competent authority
Art. 122. Piracy in general and mutiny on the high seas. — The penalty of
reclusion
temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a
vessel or, not being a member of its complement nor a passenger, shall seize the whole or
part of the cargo of said vessel, its equipment, or personal belongings of its complement or
passengers.

ELEMENTS OF PIRACY
1) A vessel is on the high seas or in Philippine waters
2) The offenders are not members of its complement or passengers of the vessel
3) The offenders 1) attack or swize that vessel 2) seize the whole or part of the cargo of said
vessel, its equipment or personal belongings of its complement or passengers

Art. 123. Qualified piracy.

Elements
1. The vessel is on the high seas or Philippine waters:
2. Offenders may or may not be members of its complement, or passengers of the vessel;
3. Offenders either-
a. attack or seize the vessel; or
b. seize the whole or part of the cargo, its equipment, or personal belongings of the crew or
passengers;4. The preceding were committed under any of the following circumstances:
a. whenever they have seized a vessel by boarding or firing upon the same,
b. whenever the pirates have abandoned their victims without means of saving themselves; or
c. whenever the crime is accompanied by murder, homicide, physical injuries or rape.

Title Two
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Chapter One
ARBITRARY DETENTION OR EXPULSION, VIOLATION
OF DWELLING, PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES
AGAINST RELIGIOUS WORSHIP

Section One. — Arbitrary detention and expulsion

Art. 124. Arbitrary detention.

ELEMENTS
1) Offender is a public officer or employee
2) He detains a person
3) Detention is without legal grounds.

The public officers liable for arbitrary detention must be vested with authority to detain or
order the detention of persons accused of a crime, but when they detain a person they
have no legal grounds therefor. Private individuals who conspired with public officers in
detaining a person are guilty of arbitrary detention. (accomplice, accessory or principal by
inducement/indispensable cooperation)
Examples:
1) Policemen and other agents of the law
2 ) Judges
3) Mayors
4) Barangay captain
5) Municipal councilor

ILLEGAL DETENTION if detention is perpetrated by other public officers because they are
acting in their private capacity.
If offender is a private individual (Illegal Detention-Article 267-268)
DETENTION-actual confinement of a person in an enclosure, or in any manner detaining
and depriving him of his liberty. A person is detained when he is placed in confinement or
there is a restraint on his person.
"WITHOUT LEGAL GROUNDS" occurs when,
1) The person detained has not committed any crime, or, at least, there is no reasonable
ground for suspicion that he has committed a crime
2) The person detained is not suffering from violent insanity or any other ailment requiring
compulsory confinement in a hospital
Therefore, the LEGAL GROUNDS for the detention of any person are
1) The commission of a crime
2) Violent insanity or any other ailment requiring compulsory confinement of the patient in
a hospital
ARREST WITHOUT WARRANT-usual cause of arbitrary detention
A peace officer must have a warrant of arrest properly issued by the court to justify an
arrest. If there is no warrant of arrest, the arrest of a person by a public officer mayconstitute
arbitrary detention.

LAWFUL ARREST WITHOUT WARRANT

A peace officer or private person may, without a warrant arrest a person:
1) When, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense (flagrante delicto or immediately thereafter)
2) When an offense has in fact just been committed, and he has probable cause to believe
based on personal knowledge of facts and circumstances that the person to be arrested
has committed it (flagrante delicto or immediately thereafter)
3) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confines while his
case is pending, or has escaped while being transferred from one confinement to another
(continuous act of committing a crime - evading the serving of his sentencel
"IN HIS PRESENCE when the officer sees the offense being committed, although at a
distance, or hears the disturbance created thereby and proceeds at once to the scene
thereof, or when the offense
is continuing or has not been consummated at the time the arrest is made, the offense is
said to be committed in his presence.

Art. 125. Delay in the delivery of detained persons to the proper judicial
authorities. — The
penalties provided in the next preceding article shall be imposed upon the public officer or
employee who shall detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or
offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours,
for crimes, or offenses punishable by afflictive or capital penalties, or their
equivalent.

ELEMENTS
1) The offender is a public officer or employee
2) He has detained a person for some legal ground
3) He fails to deliver such person to the proper judicial authorities withina) 12 hours, for
crimes or offenses punishable by light penalties, or their equivalent
b) 18 hours, for crimes or offenses punishable by correctional penalties, or their equivalent
c) 36 hours, for crimes or offenses punishable by afflictive or capital penalties, or their
equivalent.

Art. 126. Delaying release. — The penalties provided for in Article 124 shall be
imposed
upon any public officer or employee who delays for the period of time specified therein the
performance of any judicial or executive order for the release of a prisoner or detention
prisoner, or unduly delays the service of the notice of such order to said prisoner or the
proceedings upon any petition for the liberation of such person.

ACTS PUNISHABLE UNDER ARTICLE 126

1) Delaying the performance of a judicial or executive order for the release of a prisoner
2) Unduly delaying the service of the notice of such order to said prisoner
3) Unduly delaying the proceedings upon any petition for the liberation of such person (e.g.
Habeas Corpus proceedings)
ELEMENTS
1) The offender is a public officer or employee
2) There is a judicial or executive order for the release of a prisoner or detention prisoner, or
there is a proceeding upon a petition for the liberation of such person
3) The offender without good reason delays: 1) the service of the notice of such order to the
prisoner; or 2) the performance of such judicial or executive order for the release of the
prisoner, or 3) the proceedings upon a petition for the release of such person
Wardens and jailers are the public officers most likely to violate Article 126.

Art. 127. Expulsion. — The penalty of prision correccional shall be imposed upon any public
officer or employee who, not being thereunto authorized by law, shall expel any person
from the Philippine Islands or shall compel such person to change his residence.

ACTS PUNISHABLE UNDER ARTICLE 127

1) Expelling a person from the Philippines
2) Compelling a person to change his residence
"Right of Abode *Right to Travel
ELEMENTS
1) The offender is a public officer or employee
2) He expels any person from the Philippines, or compels a person to change his residence
3) The offender is not authorized to do so by law

Art. 128. Violation of domicile. — The penalty of prision correccional in its minimum
period
shall be imposed upon any public officer or employee who, not being authorized by judicial
order, shall enter any dwelling against the will of the owner thereof, search papers or other
effects found therein without the previous consent of such owner, or having surreptitiously
entered said dwelling, and being required to leave the premises, shall refuse to do so.
ACTS PUNISHABLE UNDER ARTICLE 128
1) Entering any dwelling against the will of the owner thereaf
2) Searching papers or other effects found therein without the previous consent of such
owner.
3) Refusing to leave the premises, after having surreptitiously entered said dwelling and
after having been required to leave the same
ELEMENTS
1) 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
therein for papers and other effects.

Art. 129. Search warrants maliciously obtained and abuse in the service of
those legally
obtained. — In addition to the liability attaching to the offender for the commission of any
other offense, the penalty of arresto mayor in its maximum period to prision correccional in
its minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any
public officer or employee who shall procure a search warrant without just cause, or,
having legally procured the same, shall exceed his authority or use unnecessary severity in
executing the same.
ACTS PUNISHABLE IN CONNECTION WITH SEARCH WARRANTS.
1) Procuring a search warrant without just cause
2) Exceeding his authority or by using unnecessary severity in executing a search warrant
legally. procured
ELEMENTS OF PROCURING A SEARCH WARRANT WITHOUT JUST CAUSE
1) The offender is a public officer or employee
2) He procures a search warrant
3) There is no just cause
SEARCH WARRANT- an order in writing Issued in the name of the People of the
Philippines,
signed by a judge and directed to a peace officer commanding him to search for personal
property described therein and bring it before the court.
USES OF A SEARCH WARRANT
Search and seizure of the following personal property
1) Subject of the offense
2) Stolen or embezzled and other proceeds or fruits of the offense
3) Used or intended to be used as the means of committing an offense
REQUISITES OF A SEARCH WARRANT
1) Upon probable cause
2) One specific offense
3) Probable cause determined personally by the judge
4) Particular description of the place to be searched and the things to be seized anywhere
in the Philippines

Art. 130. Searching domicile without witnesses. — The penalty of arresto mayor
in its
medium and maximum periods shall be imposed upon a public officer or employee who, in
cases where a search is proper, shall search the domicile, papers or other belongings of any
person, in the absence of the latter, any member of his family, or in their default, without
the presence of two witnesses residing in the same locality.
ELEMENTS
1) The offender is a public officer or employee
2) He is armed with search warrant legally procured3) He searches the domicile, papers, or
other belongings of any person
4) The owner, or any member of his family, or two witnesses residing in the same locality
are not present

Art. 131. Prohibition, interruption and dissolution of peaceful meetings. —

The penalty of
prision correccional in its minimum period shall be imposed upon any public officer or
employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful
meeting, or shall dissolve the same.

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
itsmeetings; 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.)

SECTION FOUR. — CRIMES AGAINST RELIGIOUS WORSHIP

ACTS PUNISHED IN CONNECTION WITH PEACEFUL MEETINGS,
ASSOCIATIONS, AND PETITIONS
1) Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting, or
dissolving the same (Right to Peaceful Assembly)
2) Hindering any person from joining any lawful association or from attending any of its
meetings (Right to Association)

Art. 132. Interruption of religious worship. — The penalty of prision correccional in

its
minimum period shall be imposed upon any public officer or employee who shall prevent or
disturb the ceremonies or manifestations of any religion.
If the crime shall have been committed with violence or threats, the penalty shall be prision
correccional in its medium and maximum periods.

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
- Circumstances qualifying the offense: if the crime is committed with violence or threats.

Art. 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 AND DISLOYALTY

Art. 134. Rebellion or insurrection; How committed. — The crime of rebellion or

insurrection
is committed by rising publicly and taking arms against the Government for the purpose of
removing from the allegiance to said Government or its laws, the territory of the Philippine
Islands or any part thereof, of any body of land, naval or other armed forces, depriving the
Chief Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives. (As amended by R.A. 6968).

ELEMENTS
1) There be (a) public uprising, and (b) taking arms against the Government
2) The purpose of the uprising or movement is either-
a) To remove from allegiance to said Government or its laws:
1) The territory of the Philippines or any part thereof, or
2) 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
REBELLION-more frequently used where the object of the movement is completely to
overthrow and supersede the existing government
INSURRECTION more commonly employed in reference to a movement which seeks
merely
to effect some change of minor importance, or to prevent the exercise of governmental
authority with respect to particular matters or subjects
NATURE OF THE CRIME OF REBELLION
Is a crime of masses, of a multitude. It is a vast movement of men and a complex net of
intriguesand plots.Rebellion evokes, not merely a challenge to the constituted authorities, but
also civil war on a bigger or lesser scale.

Article 134-A. Coup d'etat; How committed. — The crime of coup d'etat is a swift
attack
accompanied by violence, intimidation, threat, strategy or stealth, directed against duly
constituted authorities of the Republic of the Philippines, or any military camp or installation,
communications network, public utilities or other facilities needed for the exercise and
continued possession of power, singly or simultaneously carried out anywhere in the
Philippines by any person or persons, belonging to the military or police or holding any
public office of employment with or without civilian support or participation for the purpose
of seizing or diminishing state power. (As amended by R.A. 6968).
ELEMENTS
1) The offender is a person or persons belonging to the military or police or holding any
public office of 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 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) The purpose of the attack is to seize or diminish state power
The crime of coup d'etat may be committed with or without civilian participation.

Art. 135. Penalty for rebellion, insurrection or coup d'etat. — Any person who
promotes,
maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion
perpetua
Any person merely participating or executing the commands of others in a rebellion shall
suffer the penalty of reclusion temporal.chanrobles virtual law library
Any person who leads or in any manner directs or commands others to undertake a coup
d'etat shall suffer the penalty of reclusion perpetua.chanrobles virtual law library
Any person in the government service who participates, or executes directions or
commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor
in its maximum period.chanrobles virtual law library
Any person not in the government service who participates, or in any manner supports,
finances, abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion
temporal in its maximum period.chanrobles virtual law library
When the rebellion, insurrection, or coup d'etat shall be under the command of unknown
leaders, any person who in fact directed the others, spoke for them, signed receipts and
other documents issued in their name, as performed similar acts, on behalf or the rebels
shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As amended by
R.A. 6968, approved on October 24, 1990).
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
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

Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or

insurrection.

ELEMENTS:
• Two or more persons come to an agreement to swiftly attack or to rise publicly and take
arms against the Government for any of the purposes of rebellion or insurrection;
• They decide to commit it.

Mode 2: Proposal to commit coup d'état, rebellion or insurrection

Elements:
1. A person has decided to swiftly attack or to rise publicly and take arms against the
Government for any of the purposes of rebellion or insurrection,
2. Such person proposes its execution to some other person or persons.

Art. 137. Disloyalty of public officers or employees. — The penalty of prision

correccional in
its minimum period shall be imposed upon public officers or employees who have failed to
resist a rebellion by all the means in their power, or shall continue to discharge the duties of
their offices under the control of the rebels or shall accept appointment to office under
them. (Reinstated by E.O. No. 187).
Elements:
1. Offender is a public officer or employee;
2. Offender commits any of the following acts:
a. Failing to resist a rebellion by all the means in their power;
b. Continuing to discharge the duties of their offices under the control of the rebels;Accepting
appointment to office under them
Note: The crime presupposes rebellion committed by other persons. Offender must NOT be
in conspiracy with the rebels. If offender is in conspiracy with rebels, public offer is himself
guilty of rebellion.

Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its
minimum
period shall be imposed upon any person who, without taking arms or being in open
hostility against the Government, shall incite others to the execution of any of the acts
specified in article 134 of this Code, by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end. (Reinstated by E.O.
No. 187).
ELEMENTS
1) The offender does not take arms or s 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

Art. 139. Sedition; How committed. — The crime of sedition is committed by

persons who
rise publicly and tumultuously in order to attain by force, intimidation, or by other means
outside of legal methods.

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.

Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of
prision
mayor in its minimum period and a fine not exceeding 10,000 pesos.
Other persons participating therein shall suffer the penalty of prision correccional in its
maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No. 187).Persons
liable:
1. The leader of the sedition,
2. Other persons participating in the sedition.

Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime
of
sedition shall be punished by prision correccional in its medium period and a fine not
exceeding 2,000 pesos. (Reinstated by E.O. No. 187).

ELEMENTS:
1. Two or more persons come to an agreement and a decision to rise publicly and
tumultuously to attain any of the objects of sedition;
2. They decide to commit it.

Art. 142. Inciting to sedition.

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 by
means of speeches, proclamations, writings, emblems, cartoons, bariners, or other
representations tending towards the same end.
Mode 2: Uttering seditious words or speeches which tend to disturb the public peace.
Mode 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 part in the crime of sedition;
2. He uttered words or speeches and writing, publishing or circulating scurrilous libels and
that
a. Tend to disturb or obstruct any lawful officer in conducting the functions of his office;
b. Tend to instigate others to cabal and meet together for unlawful purposes;
c. Suggest or incite rebellious conspiracies or riats; or
d. Lead or tend to stir up the people against the lawful authorities ar to disturb the peace of
the community, the safety and order of the government.
Note: Considering that the objective of sedition is to express protest against the
government and in the process creating hate against public officers, any act that will
generate hatred against the government or a public officer concerned or a social class may
amount to inciting to sedition.

Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION
Section One. — Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar
bodies.

ELEMENTS:
1. There is a projected or actual meeting of Congress or any of its committees or
subcommittees,constitutional committees or divisions thereof, or any provincial board or
city or municipal council or board;
2. Offender, who may be any person, prevents such meetings by force or fraud

Art. 144. Disturbance of proceedings.

ELEMENTS:
1. There is meeting of Congress or any of its committees or subcommittees, constitutional
committees or divisions thereof, or any provincial board or city or municipal council or
board:
2. 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 a manner as to interrupt its
proceedings or to impair respect due it.

Section Two. — Violation of parliamentary immunity

Art. 145. Violation of parliamentary immunity.

ELEMENTS:
1. Offender uses force, intimidation, threats or fraud;
2. The purpose of the offender is to prevent any member of Congress from
a. Attending the meetings of the Congress or of any of its committees or constitutional
commissions,
b. Expressing his opinion,
c. Casting his vote.
Mode 2: Arresting or searching any member thereof while Congress is in regular or
specialsession, except in case such member has committed a crime punishable under the
Code by
a penalty higher than prision mayor.

ELEMENTS:
1. Offender is a public officer of employee;
2. He arrests or searches any member of Congress;
3. Congress, at the time of arrest or search, is in regular or special session;
4. The member arrested or searched has not committed a crime punishable under the Code
by a penalty higher than prision mayor.

Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Art. 146. Illegal assemblies. — The penalty of prision correccional in its maximum
period to
prision mayor in its medium period shall be imposed upon the organizers or leaders of any
meeting attended by armed persons for the purpose of committing any of the crimes
punishable under this Code, or of any meeting in which the audience is incited to the
commission of the crime of treason, rebellion or insurrection, sedition or assault upon a
person in authority or his agents. Persons merely present at such meeting shall suffer the
penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision
correccional.
ELEMENTS:
1. There is a meeting, a gathering or group of persons, whether in a fixed place or moving;
2. The meeting is attended by armed persons;3. The purpose of the meeting is to commit any
of the crimes punishable under the Code
Mode 2: 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
person in authority or his agents
ELEMENTS:
1. There is a meeting, a gathering or group of persons, whether in a fixed place or moving
2. The audience, whether armed or not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition or direct assault
Persons liable for illegal assembly:
1. The organizer or leaders of the meeting,
2. Persons merely present at the meeting, who must have a common intent to commit the
felony of illegal assembly.
Presumptions if a person carried an unlicensed firearm
1. The purpose of the meeting insofar as he is concemed is to commit acts punishable under
the Revised Penal Code.
2. He is considered a leader or organizer of the meeting.
Note: Not all persons present at the meeting in Mode I of illegal assembly must be armed.

Art. 147. Illegal associations. — The penalty of prision correccional in its minimum
and
medium periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders,
directors, and presidents of associations totally or partially organized for the purpose of
committing any of the crimes punishable under this Code or for some purpose contrary to
public morals. Mere members of said associations shall suffer the penalty of arresto
mayor.(Reinstated by E.O. No. 187).
Prohibited associations:
Association totally or partially organized for:
1. The purpose of committing any of the crimes punishable under the Code, or
2. Some purpose contrary to public morals.
Public morals - refer to matters which affect the interest of society and public convenience
and is not limited to good customsPersons liable:
1. Founders, directors, and president of the association
2. Members of the association
Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE
TO, PERSONS IN AUTHORITY AND THEIR AGENTS

Art. 148. Direct assaults.

ELEMENTS:
1. Offender employs force or intimidation;
2. 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;
3. There is no public uprising.
Mode 2. Without public uprising, by attacking, by employing force or by seriously
intimidating or by seriously resisting any person in authority or any of his agents, while
engaged in the performance of official duties, or on accasion of such performance.
ELEMENTS:
1. Offender makes an attack, employs force, makes a
serious intimidation, or makes a serious resistance,
2. The person assaulted is a person in authority or his agent;
3. At the time of the assault, the person in authority or his agent is engaged in the actual
performance of official duties, OR that he is assaulted by reason of the duties, past
performance of official4. Offender knows that the one he is assaulting is a person in authority
or his agent in the
exercise of his duties
5. There is no public uprising.
The first form of direct assault is sedition, except that there is no pubic uprising
Classifications of direct assault simple and qualified.
Assault is qualified when:
1. There is a weapon employed in the attack
2. The offender is a public officer
3. The offender lays hands on a public authority

CRIMES AGAINST PUBLIC ORDER

Art. 149. Indirect assaults. — The penalty of prision correccional in its minimum and
medium periods and a fine not exceeding P500 pesos shall be imposed upon any person
who shall make use of force or intimidation upon any person coming to the aid of the
authorities or their agents on occasion of the commission of any of the crimes defined in
the next preceding article.chanrobles virtual law library
ELEMENTS:
1. A person in authority or his agent is the victim of any of the forms of direct assault
defined in Article 148.
2. A 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.

Art. 150. Disobedience to summons issued by the National Assembly, its

committees or
subcommittees, by the Constitutional Commissions, its committees,
subcommittees or
divisions. — The penalty of arresto mayor or a fine ranging from two hundred to one
thousand pesos, or both such fine and imprisonment shall be imposed upon any person
who, having been duly summoned to attend as a witness before the National Assembly,
(Congress), its special or standing committees and subcommittees, the Constitutional
Commissions and its committees, subcommittees, or divisions, or before any commission or
committee chairman or member authorized to summon witnesses, refuses, without legal
excuse, to obey such summons, or being present before any such legislative or
constitutional body or official, refuses to be sworn or placed under affirmation or 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. The same penalty shall be
imposed upon any person who shall restrain another from attending as a witness, or who
shall induce disobedience to a summon or refusal to be sworn by any such body or
official.

Acts punishable:
a. refusing without legal excuse to obey summons
b. refusing to be swom or placed under affirmatio
c. refusing to answer any legal inquiry to produce books, records etc.
d. restraining another from attending as witness in such body
e. inducing disobedience to a summons or refusal to be sworn
- The act punished is refusal, without legal excuse, to obey summons issued by the House
of Representatives or the Senate. If a Constitutional Commission is created, it shall enjoy
the same privilege.
- The exerdse by the legislature of its contempt power is a matter of self- preservation,
independent of the judicial branch. The contempt power of the legislature is inherent and
sui generis.
- The power to punish is not extended to the local executive bodies. The reason given is
that local legislative bodies are but a creation of law and therefore, for them to exercise the
power of contempt, there must be an express. grant of the same.

Art. 151. Resistance and disobedience to a person in authority or the

agents of such
person.

ELEMENTS:
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 provision of Articles 148, 149 and 150.
Mode 2. Simple disobedience
ELEMENTS:
1. An agent of a person in authority is engaged in the performance of official duty or gives a
lawful order to the offender.

Art. 152. Persons in authority and agents of persons in authority; Who

shall be deemed as
such. — In applying the provisions of the preceding and other articles of this Code, any
person directly vested with jurisdiction, whether as an individual or as a member of some
court or governmental corporation, board, or commission, shall be deemed a person in
authority. A barrio captain and a barangay chairman shall also be deemed a person in
authority.
A 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, such as a barrio councilman, barrio policeman and barangay leader
and any person who comes to the aid of persons in authority, shall be deemed an agent of
a person in authority.

PUBLIC DISORDERS

Art. 153. Tumults and other disturbance of public orders; Tumultuous

disturbance or
interruption liable to cause disturbance. — The penalty of arresto mayor in its
medium
period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos
shall be imposed upon any person who shall cause any serious disturbance in a public place,
office, or establishment, or shall interrupt or disturb public performances, functions or
gatherings, or peaceful meetings, if the act is not included in the provisions of Articles 131
and 132.

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 suchplace;
and
5. Burying with pomp the body of a person who has been legally executed

Art. 154. Unlawful use of means of publication and unlawful utterances. —

The penalty of
arresto mayor and a fine ranging from P200 to P1,000 pesos shall be imposed upon:
1. Any person who by means of printing, lithography, or any other means of publication
shall publish or cause to be published as news any false news which may endanger the
public order, or cause damage to the interest or credit of the State;
2. Any person who by the same means, or by words, utterances or speeches shall
encourage disobedience to the law or to the constituted authorities or praise, justify, or
extol any act punished by law;
3. Any person who shall maliciously publish or cause to be published any official resolution
or document without proper authority, or before they have been published officially; or
4. Any person who shall print, publish, or distribute or cause to be printed, published, or
distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's
name, or which are classified as anonymous.chanrobles virtual law librar
Mode 1. Publishing or causing to be published, by means of printing, lithography or any
other means of publication, as sany false news which may endanger the public order, or
news cause damage to the interest or crestit of the State
Mode 2. Encouraging disobedience to the law or to the constituted authorities or praising,
justifying or extolling any act punished by law, by the same means or by words
utterorices or speeches
Mode 3: Maliciously publishing or causing to be published any official document or
resolution without proper authority, or before they have been published officially
Mode 4: Printing publishing or distributing (or causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the real printer's name, or which are classified as
anonymous
Note:
- To be liable, the offender must know that the news is false
- Actual public disorder or actual damage to the credit of the State is not necessary.

Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not
exceeding
P200 pesos shall be imposed upon:
1. Any person who within any town or public place, shall discharge any firearm,
rocket,firecracker, or other explosives calculated to cause alarm or danger;
2. Any person who shall instigate or take an active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any other
nocturnal amusements, shall disturb the public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal
in public places, provided that the circumstances of the case shall not make the provisions
of Article 153 applicable
Mode 1: Discharging any firearm, rocket, firecracker, or other explosive within any town or
public place, calculated to cause (which produces) alarm or danger:
Mode 2: Instigating or taking on active part in any chanvar or
other disorderly meeting offensive to another or prejudicial to public tranquility
Mode 3: Disturbing the public peace while wandering about at night or while engaged in
any other nocturnal amusements:
Mode 4: Causing any disturbances or scandal in public places while intoxicated or
otherwise, provided Art. 153 is not applicable.

Art. 156. Delivery of prisoners from jails. — The penalty of arresto mayor in its
maximum
period of prision correccional in its minimum period shall be imposed upon any person who
shall remove from any jail or penal establishment any person confined therein or shall help
the escape of such person, by means of violence, intimidation, or bribery. If other means
are used, the penalty of arresto mayor shall be imposed.
If the escape of the prisoner shall take place outside of said establishments by taking the
guards by surprise, the same penalties shall be imposed in their minimum
period.chanrobles virtual law library
ELEMENTS:
1. There is a person confined in a jail or penal establishment;
2. Offender removes therefrom such person, or helps the escape of such person,

Chapter Six
EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence.

ELEMENTS:
1. Offender is a convict by final Judgment,
2. He is serving sentence which consists in the deprivation of liberty:3. He evades service of
his sentence by escaping during the term of his imprisonment.
Evasion of service of sentence has three forms
1. By simply leaving or escaping from the penal establishment under Article 157;
2. Failure to return within 48 hours after having left the penal establishment because of a
calamity, conflagration or mutiny and such calamity, conflagration or mutiny has been
announced as already passed under Article 158;
3. Violating the condition of conditional pardon under article 159.

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

conflagrations,
earthquakes, or other calamities.

ELEMENTS:
1. Offender is a convict by final judgment, who is confined in a penal institution;
2. There is disorder, resulting from-
a conflagration;
b. earthquake,
c. explosion; d. similar catastrophe, or
e. mutiny in which he has not participated;
3. He 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 . He 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
NoteLeaving the penal establishment is not the basis of criminal liability. It is the failure to
return within 48 hours after the passing of the calamity, conflagration or mutiny had been
announced..
Under Article 158, those who return within 48 hours are given credit or deduction from the
remaining period of their sentence equivalent to 1/5 of the original term of the sentence.
If the prisoner fails to return within said 48 hours, there will be an additional penalty of 1/5,
shall beimposed but the 1/5 penalty is based on the remaining period of the sentence, not
on the original sentence. In no case shall that penalty exceed six months.
Mutiny is one of the causes which may authorize a convict serving senterice in the
penitentiary to leave the jail provided he has not taken part in the mutiny.

Art. 159. Other cases of evasion of service of sentence. — The penalty of

prision correccional in its minimum period shall be imposed upon the convict who, having
been granted conditional pardon by the Chief Executive, shall violate any of the conditions of
such pardon. However, if the penalty remitted by the granting of such pardon be higher than
six years, the convict shall then suffer the unexpired portion of his original sentence.
ELEMENTS:
1. Offender was a convict;
2. He was granted a conditional pardon by the Chief Executive;
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. Commission of another crime during service of penalty imposed
for another
offense; Penalty. — Besides the provisions of Rule 5 of Article 62, any person who shall
commit a felony after having been convicted by final judgment, before beginning to serve
such sentence, or while serving the same, shall be punished by the maximum period of the
penalty prescribed by law for the new felony. chan robles virtual law library
Any convict of the class referred to in this article, who is not a habitual criminal, shall be
pardoned at the age of seventy years if he shall have already served out his original
sentence, or when he shall complete it after reaching the said age, unless by reason of his
conduct or other circumstances he shall not be worthy of such clemency.
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
Section One. — Forging the seal of the Government of the
Philippine Islands, the signature or stamp of the Chief
Executive.chanrobles virtual law
library

Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging
the signature or stamp of the Chief Executive. — The penalty of reclusion temporal shall be
imposed upon any person who shall forge the Great Seal of the Government of the
Philippine Islands or the signature or stamp of the Chief Executive.
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
Art. 162. Using forged signature or counterfeit seal or stamp. — The penalty
of prision mayor
shall be imposed upon any person who shall knowingly make use of the counterfeit seal or
forged signature or stamp mentioned in the preceding article.chanrobles virtual law library

SECTION TWO. — COUNTERFEITING COINS

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.

Art. 163. Making and importing and uttering false coins.

ELEMENTS:
1. That there be false or counterfeited coins,
2. That the offender either made, imported or uttered such coins,
3. That in case of uttering such false or counterfeited coins, he connived with the
counterfeiters or importers.- A coin is false or counterfeited, if it is forged or if it is not
authorized by the Government as legal tender, regardless of its intrinsic value.
Counterfeiting - means the imitation of a legal or genuine coin
There is counterfeiting when a spurious coin is made. There must be an imitation
of the pecullar design of the particular coin.
Uttering-means to pass counterfeited coins
Uttering includes delivery or the act of giving them away.
It is uttered when it is paid even though the utterer may not obtain the gain he intended.
Kinds of coins the counterfeiting of which is punished:
1. Silver coins of the Philippines or coin of the Central Bank;
2. Coin of the minor coinage of the Philippines or the Central Bank;
3. Coin of the currency of a foreign country.
- Former coins withdrawn from circulation may be counterfeited.
- Pars. 1 and 2 of Article 163 mention "coin" without any qualifications,
- As regards par. 3, the used of the word "currency" is not correct because the Spanish text
uses the word "moneda" which embraces not only those that are legal tender but also
those out of circulation.

Art. 164. Mutilation of coins; Importation and utterance of mutilated coins.

— The penalty
of prision correccional in its minimum period and a fine not to exceed P2,000 pesos shall be
imposed upon any person who shall mutilate coins of the legal currency of the United
States or of the Philippine Islands or import or utter mutilated current coins, or in
connivance with mutilators or importers.

ACTS PUNISHED
1. Mutilating coins of the legal currency, with the 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.
- The coin must be of legal tender or current coins of the Philippines and not of a foreign
country.Mutilation - means to take off part of the metal either by filing it or substituting it for
another metal of inferior quality. It is to diminish by ingenious means the metal in the coin,
and thus diminish its intrinsic value.

Art. 165. Selling of false or mutilated coin, without connivance. — The person
who
knowingly, although without the connivance mentioned in the preceding articles, shall
possess false or mutilated coin with intent to utter the same, or shall actually utter such coin,
shall suffer a penalty lower by one degree than that prescribed in said articles.chanrobles
virtual law library
Mode1 : Postession of coin, counterfeited or mutilated by another persion with intent to
utter the same knowing that it is false or mutiated

ELEMENTS
1. Pomession
2. With intent to utter
3. Knowledge
Mode2: Actually uttering such fabe or mutilated coin, knowing the same to be false or
mutilated.
1. Actualy uttered
2. Knowledge
* Possession prohibited in this article is not only actual and physical possession, but also
that of a constructive one, or the subjection of the thing to one's contol. The possessor
should not be the counterfeiter, mutilator ar imparter of the coins.
* As long as the offender has knowledge that the coin is fake or mutilated there is no need
for him to connive with the counterfeiter or mutilator

Section Three. — Forging treasury or bank notes, obligations and

securities; importing and
uttering false or forged notes,
obligations and securities.

Art. 166. Forging treasury or bank notes on other documents payable to

bearer; importing,
and uttering such false or forged notes and documents.

ACTS PUNISHED.
1. Forging or tablication of treasury of bank notes at other documents payable to bearer
2. Importation of such fabe or furged obligations or notes: 3. Uttering of such fate or forged
obligations or notes in connivance with the forgers or importers.
Forging -by giving any treasury or bank note or any instrument payable to bearer or to order
the
appearance of a true and genuine document.
Falsification -by erasing, substitufing, counterfeiting or altering by any means the figures,
letters, words, or signs contained therein,
The instruments payable to bearer
1. When expressed to be so payable
2. When payable to a person named therein of bearer
3. When payable to the order of a fictitious or non-existing penon, and such fact wasknown to
the penon moking it sa payable
4.When the name of the payee ποσs not purport to be the name of any person.
5. When the only or last endorsement is an endansment in blank

Art. 167. Counterfeiting, importing and uttering instruments not payable

to bearer. — Any
person who shall forge, import or utter, in connivance with the forgers or importers, any
instrument payable to order or other document of credit not payable to bearer, shall suffer
the penalties of prision correccional in its medium and maximum periods and a fine not
exceeding P6,000 pesos.
ELEMENTS:
1. That there be an Instrument payable to order or other document of credit NOT payable to
bearer;
2. That the offender either forged, imported or uttered such instrument
3. That in case of uttering he connived with the importer or forger.
- Counterfeiting under Art. 167 must Involve an instrument payable to order or other
document of credit not payable to bearer.

Art. 168. Illegal possession and use of false treasury or bank notes and
other instruments
of credit. — Unless the act be one of those coming under the provisions of any of the
preceding articles, any person who shall knowingly use or have in his possession, with
intent to use any of the false or falsified instruments referred to in this section, shall suffer
the penalty next lower in degree than that prescribed in said articles.chanrobles virtual law
library
ELEMENTS:
1. Any treasury or bank note or certificate obligation and security other Payable to bearer,
or any instrument payable to order or other ciocument of credit not payable to be
b. Forged or falsified by another person
2. Offencier knows that any of those instrurnents is forged or faaified
3. He eithera. Use any such forged or fatillied instruments or
b. Possesses with intent to use any of such forged or Taisified instruments
- The rule is that a person had in his possession a falsified document and he made use of id,
taking advantage of it and profiling Thereby, the presumption is that he is the material
author of the latsification. Propie vs. Sendioydiego. (1970)
- Pocession of false treasury or bank notes alone is not a criminal alfeme
Intent to use is sufficient to consummate the crime when the offender is in possession of
false or falsified notes or obligations
- The accused must have knowledge of the forged character of the note

Art. 169. How forgery is committed. — The forgery referred to in this section may
be
committed by any of the following means:
1. By giving to a treasury or bank note or any instrument, payable to bearer or order
mentioned therein, the appearance of a true genuine document.chanrobles virtual law
library
2. By erasing, substituting, counterfeiting or altering by any means the figures, letters,
words or signs contained therein.chanrobles virtual law library
For possession of false heasury or bank note criminal offense, it must be with intent to use.
The esence of forgery a giving a document the appearance of a true and genuine
document.
Section Four. — Falsification of legislative, public, commercial, and private
documents, and wireless, telegraph, and telephone message.
Art. 170. Falsification of legislative documents. — The penalty of prision
correccional in its
maximum period and a fine not exceeding P6,000 pesos shall be imposed upon any person
who, without proper authority therefor alters any bill, resolution, or ordinance enacted or
approved or pending approval by either House of the Legislature or any provincial board or
municipal council.
ELEMENTS:
1. That there be a bill, resolution or ordinance enacted by or approved or pending approval
by either House of the Legislative or any provincial board or municipal council;
2. The offender alters the same;
3. That he has no proper authority therefor;
4. That alteration changed the meaning of the document
- The bill, resolution or ordinance must be genuine.
- Offender may be private individual or a public officer.
- The act of falsification is limited to altering it which changes its meaning. Hence, other acts
of falsification, even in legislative documents, are punished either in Art. 171 or under Art.
172.
- R.A. 248 prohibits the reprinting, reproduction or republication of government
publications and official documents without previous authority.

Art. 171. Falsification by public officer, employee or notary or ecclesiastic

minister.

ELEMENTS:
1. That the offender is a public officer, employee or notary public or ecclesiastical minister,
- The ecclesiastical minister is liable under this article if he shall commit any of the acts of
falsification with respect to any record or document of such character that its falsification
may affect the civil status of persons.
2. That he takes advantage of his official position when:
a.He has the duty to make or prepare or otherwise to intervene in the preparation of the
document
b. He has the official custody of the document which he falsifies
- If he did not take advantage of his official position, he would be guilty of falsification of
public document by a private individual under Art.172.
3. The offender falsifies a document.

Art. 172. Falsification by private individual and use of falsified documents.

ACTS PUNISHED:
1. Uttering fictitious wireless, telegraph, or telephone messages; 2. Falsifying wireless,
telegraph or telephone messages.
ELEMENTS:
a. That the offender is an officer or employee of the government or an officer or an
employee of a private corporation, engaged in the service of sending or receiving wireless,
cable or telephone message,
b. That he commits any of the above acts.
3. Using such falsified messages. With respect to No. 3, the offender need not be connected
to the government or to such corporation.

ELEMENTS:
a. That the accused knew that wireless, cable, telegraph. or telephone message was
falsified by any person specified in 1" paragraph of Art. 173;
b. That the accused used such falsified dispatch
c. That 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.
- Act No. 1851, Sec. 4, punishes private Individuals who forge or alter telegram.

SECTION FIVE: FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES

OF MERIT OR SERVICE AND THE LIKE ARTICLE 174 FALSE MEDICAL
CERTIFICATES, FALSE CERTIFICATE OF MERIT OR SERVICE

Persons liable
:1. Physician or surgeon who, in connection with the practice of profession issued a
false certificate;
2. Public officer who issued a false certificate. of merit or service, good conduct or similar
circumstances;
3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and
2
Certificate -is any writing by which testimony is given that a fact has or has not taken place.
- The phrase "or similar circumstances" in Article 174 does not seem to cover property,
because the circumstance contemplated must be similar to "merit," "service," or "good
conduct"

Section Five. — Falsification of medical certificates,

certificates of merit or services and the like.

Art. 174. False Medical Certificates, False Certificates Of Merits Or Service,

Etc. — The
penalties of arresto mayor in its maximum period to prision correccional in its minimum
period and a fine not to exceed P1,000 pesos shall be imposed upon:
1. Any physician or surgeon who, in connection, with the practice of his profession, shall
issue a false certificate; and
2. Any public officer who shall issue a false certificate of merit of service, good conduct or
similar circumstances.chanrobles virtual law library
The penalty of arresto mayor shall be imposed upon any private person who shall falsify a
certificate falling within the classes mentioned in the two preceding subdivisions.
Persons liable:
1. Physician or surgeon who, in connection. with the practice of profession issued a false
certificate
2. Public officer who issued a false certificate of merit or service, good conduct or similar
circumstances;
3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and
2.Certificate is any writing by which testimony is given that a fact has or has not taken place.
* The phrase "or similar circumstances in Article 174 does not seem to cover property. be
because the circumstance contemplated must be similar to "merit," "service," or "good
conduct."
Art. 175. Using false certificates. — The penalty of arresto menor shall be imposed
upon
any one who shall knowingly use any of the false certificates mentioned in the next
preceding article.chanrobles virtual law library
ELEMENTS:
1. That a false certificate mentioned in the preceding article was issued;
2. That the offender knew that the certificate was false,
3. That he used the same
- When the use of the false certificates In the preceding article is used in a Judicial
proceeding. Art. 175 will apply. The use of false document in Judicial proceeding under Art
172 is limited to those false documents mentioned in Arts. 171 and 172
Section Six. — Manufacturing, importing and possession of instruments or implements
intended for the commission of falsification.

Art. 176. Manufacturing and possession of instruments or implements for

falsification.

ACTS PUNISHED:
1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments
implements for counterfeiting:
2. Possession with intent to use the instruments or implements counterfeiting or
falsification made in or introduced into the Philippines by another person.
- It is not necessary that the implements confiscated form a complete set for counterfeiting.it
being enough that they may be employed by themselves or together with other
implements to commit the crime of counterfeiting or falsification.
- Arts. 165 and 176 punish not only actual, physical possession, but also constructive
possession or the subjection of the thing to one's control.

CHAPTER TWO
OTHER FALSIFICATIONS
SEC. ONE. — USURPATION OF AUTHORITY, RANK, TITLE, AND IMPROPER
USE OF NAMES, UNIFORMS AND
INSIGNIA.

Art. 177. Usurpation of authority or official functions. — Any person who shall
knowingly
and falsely represent himself to be an officer, agent or representative of any department or
agency of the Philippine Government or of any foreign government, or who, under
pretense of official position, shall perform any act pertaining to any person in authority or
public officer of the Philippine Government or any foreign government, or any agency
thereof, without being lawfully entitled to do so, shall suffer the penalty of prision
correccional in its minimum and medium periods.
Two offenses contemplated in Art. 177:
1. Usurpation of authority
2. Usurpation of official functions

HOW COMMITTED:
1. By knowingly misrepresenting oneself to be an officer, agent or representative of the
government, whether local, national or foreign
2. By performing any act pertaining to a person in authority or public officer of the
government under the pretense of official position and without authority.
- It may be violated by a public officer.
- It does not apply to occupant under oc of title
- Republic Act No. 75 provides penalty for usurping authority of diplomatic, consular or
other official of a foreign government in addition to the penalty imposed by the Revised
Penal Code-
-There must be a positive, express, and explicit representation on the part of the offenderThe
acts performed must pertain to:
1. The Government
2. To any person in authority
3. To any public officer

Art. 178. Using fictitious name and concealing true name. — The penalty of
arresto mayor
and a fine not to exceed 500 pesos shall be imposed upon any person who shall publicly
use a fictitious name for the purpose of concealing a crime, evading the execution of a
judgment or causing damage.chanrobles virtual law library
ELEMENTS: (using fictitious name)
1. That the offender uses a name other than his real name:
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is-
a. To conceal a crime:
b. To evade the execution of a judgment;or
c. To cause damage to public interest.
- Damage must be to public interest. If damage is to private interest, the crime will be estafa
under Art. 315, 2(a).
ELEMENTS: (Concealing true name)
1. That the offender conceals:
a. his true name,
b. all other personal circumstances:
2. That the purpose is only to conceal his identity.
- Fictitious name any other name which a person publicly applies to himself without
authority of law.
Any person who conceals his true name and other personal circumstances shall be
punished by arresto menor or a fine not to exceed 200 pesos.

Art. 179. Illegal use of uniforms or insignia. — The penalty of arresto mayor shall
beimposed upon any person who shall publicly and improperly make use of insignia,
uniforms
or dress pertaining to an office not held by such person or to a class of persons of which he
is not a member.

Section Two. — False testimony

Art. 180. False testimony against a defendant. — Any person who shall give false
testimony against the defendant in any criminal case shall suffer:
1. The penalty of reclusion temporal, if the defendant in said case shall have been
sentenced to death;
2. The penalty of prision mayor, if the defendant shall have been sentenced to reclusion
temporal or reclusion perpetua;
3. The penalty of prision correccional, if the defendant shall have been sentenced to any
other afflictive penalty; and
4. The penalty of arresto mayor, if the defendant shall have been sentenced to a
correctional penalty or a fine, or shall have been acquitted.chanrobles virtual law library
In cases provided in subdivisions 3 and 4 of this article the offender shall further suffer a
fine not to exceed 1,000 pesos.
ELEMENTS:
1. That there be a criminal proceeding:
2. That the offender testifies falsely under oath against the defendant therein;
3. That the offender who gives false testimony knows that it is false.
• Good faith is a defense
4. That the defendant against whom the false testimony is given is either acquitted or
convicted in a final judgment.

Art. 181. False testimony favorable to the defendants. — Any person who shall
give false
testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto
mayor in its maximum period to prision correccional in its minimum period a fine not to
exceed 1,000 pesos, if the prosecution is for a felony punishable by an afflictive penalty,
and the penalty of arresto mayor in any other case.
ELEMENTS
•The false testimony in favor of the defendant need not directly influence the decision of
the acquittal and it need not benefit the defendant.
• Conviction or acquittal of defendant in principal case is not necessary.
• False testimony is punished not because of the effect it actually produces but because
of its tendency to favor or to prejudice the defendant.
• A defendant who falsely testifies in his own behalf in a criminal case can only be guilty
of Art. 181 when he voluntarily goes upon the witness stand and falsely imputes to some
other person the commission of grave offense. If he merely denies the commission of the
crime or his participation therein, he should not be prosecuted for false testimony
• Testimony must be complete.
• Rectification made spontaneously after realizing the mistake is not false testimony.

Art. 182. False testimony in civil cases.

ELEMENTS:
1. That the testimony must be given in a civil case
2. That the testimony must relate to the issues presented in said case;
3. That the testimony must be false:
4. That the false testimony must be given by the defendant knowing it to be false
5. That the testimony must be malicious and given with an intent to affect the issues
Art. 183. False testimony in other cases and perjury in solemn affirmation.
TWO WAYS OF COMMITTING PERJURY:
1. By falsely testifying under cath:
2. By making a false affidavit.
- Falsely testifying under bath must NOT be a judicial proceeding
- Testimony must be complete
ELEMENTS
1. That the accused made a statement under oath or executed an affidavit upon a maternal
matter
2. That the statement or affidavit was made before a competent officer authorized to
receive and administel oath
3. That on that statement or affidave the accused made a willful and deiberate assertion of
a falsehood:4. That the sworn statement reffidavit containing the falsity is required by law.

Art. 184. Offering false testimony in evidence. — Any person who shall
knowingly offer in
evidence a false witness or testimony in any judicial or official proceeding, shall be
punished as guilty of false testimony and shall suffer the respective penalties provided in
this section.chanrobles virtual law library
ELEMENTS:
1. That the offender offered in evidence a false witness or testimony,
2. That he knew the witness or testimony was false;
3. That the offer was made in a judicial or official proceeding.
- Art. 184 does not apply when the offender induced a witness to testify falsely. Art. 184
applies when the offender knowingly presented a false witness, and the latter testified
falsely.
- Testimony must be complete
- Penalty is that for false testimony if committed in a judicial proceeding and the penalty is
that for perjury if committed in other official proceeding.

Chapter Three
FRAUDS
Section One. — Machinations, monopolies and combinations

Art. 185. Machinations in public auctions.

ACTS PUNISHABLE:
1. Soliciting gift any or promise consideration for refraining from taking part in the public
auction;
ELEMENTS:
a. That there be a public auction;
b. That the accused solicited any gift or a promise from any of the bidders
c. That such gift or promise was the consideration for his refraining from taking part in that
public auction.
d. That the accused had the intent cause the reduction of the price of the thing auctioned -
Consummated by mere solicitation
2. Attecnating bidders to stay away from an auction by threats, gifts, promises or any
artifice
ELEMENTS:
a.That there be a public auction
b. That the accused attempted to cause the buyers to stay away from that public auction:
c. That it was done by threats, gifts, promises of any other artifice .
d. That the accused had the intern cause the reduction of the price of thing auctioned.
- Consummated by mere attempt.

Art. 186. Monopolies and combinations in restraint of trade.

Mode : Combination to prevent three competition in the market
ELEMENT
1.Entering into any contract or agreement or fating port in any conspiracy or combination in
the form of a trust of otherwise
2. in resbaint of rode commence or to prevent by artificial means hee competition in the
marial
Mode2: Monopoly fo restiair tree competition in the market
ELEMENTS
1. Menopolizing any merchandise or object of trade a commerce or
2. Combining with any other person or persons to monopolize said merchandise or object
in order to affer The prices thereof by spreading false numion or making use of any other
artifice to restrain free competition in the maker
Mode3: Manufacturer, producer or procesor or importer combining consping or agreerg
with any penon to make transactions prejudicial to lawful commerce or to increase the
market price of merchandise
ELEMENTS
1. Penon lable (1) manufacturer (2) producer. (3) processor or (4) importer of
anymerchandise or object of commerce
2 Cime-committed by: (1) combining (2) conspiting of (3) agreeing with any person
3. Purpose: (1) to make transactions prejudicial to lawful comenerce, or 12 to increase the
market price of any merchandise or object of commerce manufactured produced
processed, sembled, or imported into the Philippines
* Theory of the law: Competition, not combination, should be the law of trade
* Mere conspiracy or combination is punished
* If the offense affects any food substance or other article of prime necessity, it is sufficient
that initial steps are taken
* When offense is committed by a corporation or asociation, the president and director or
managers are liable.

Section Two. — Frauds in commerce and industry

Art. 187. Importation and disposition of falsely marked articles or
merchandise made of
gold, silver, or other precious metals or their alloys.

ELEMENTS
1. Offender imports, sells or disposes of any of those articles or merchandise (le gold sliver
other precious metals or their alloys
2. The stamps, brands of marks of those articles of merchandise fail to indicate the actual
fineness or quality of said metus or alloys
3. Offender knows that the stamps brands or marks fail to indicate the actual fineness
orquality of the metals or alloy Selling the misbranded articles is not necessary.

Art. 188. Subsisting and altering trade-mark, trade-names, or service

marks. — The penalty
of prision correccional in its minimum period or a fine ranging from 50 to 2,000 pesos, or
both, shall be imposed upon:
1. Any person who shall substitute the trade name or trade-mark of some other
manufacturer or dealer or a colorable imitation thereof, for the trademark of the real
manufacturer or dealer upon any article of commerce and shall sell the same;
2. Any person who shall sell such articles of commerce or offer the same for sale, knowing
that the trade-name or trade- mark has been fraudulently used in such goods as described
in the preceding subdivision;
3. Any person who, in the sale or advertising of his services, shall use or substitute the
service mark of some other person, or a colorable imitation of such mark; or
4. Any person who, knowing the purpose for which the trade-name, trade-mark, or service
mark of a person is to be used, prints, lithographs, or in any way reproduces such trade-
name, trade-mark, or service mark, or a colorable imitation thereof, for another person, to
enable that other person to fraudulently use such trade-name, trade-mark, or service mark
on his own goods or in connection with the sale or advertising of his services.chanrobles
virtual law library

Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-

name or service
mark, fraudulent designation of origin, and false description. — The penalty
provided in the
next proceeding article shall be imposed upon:
1. Any person who, in unfair competition and for the purposes of deceiving or
defraudinganother of his legitimate trade or the public in general, shall sell his goods giving
them the
general appearance of goods of another manufacturer or dealer, either as to the goods
themselves, or in the wrapping of the packages in which they are contained or the device
or words thereon or in any other features of their appearance which would be likely to
induce the public to believe that the goods offered are those of a manufacturer or dealer
other than the actual manufacturer or dealer or shall give other persons a chance or
opportunity to do the same with a like purpose.chanrobles virtual law library
2. Any person who shall affix, apply, annex or use in connection with any goods or services
or any container or containers for goods a false designation of origin or any false
description or representation and shall sell such goods or services.chanrobles virtual law
library
3. Any person who by means of false or fraudulent representation or declarations orally or
in writing or by other fraudulent means shall procure from the patent office or from any
other office which may hereafter be established by law for the purposes the registration of
a trade-name, trade-mark or service mark or of himself as the owner of such trade-name,
trade-mark or service mark or an entry respecting a trade-name, trade-mark or service
mark.chanrobles virtual law library

Title Five
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

Art. 190. Possession, preparation and use of prohibited drugs and

maintenance of opium
dens. — The penalty of arresto mayor in its medium period to prision correccional in its
minimum period and a fine ranging from 300 to 1,000 pesos shall be imposed upon:
1. Anyone who unless lawfully authorized shall possess, prepare, administer, or otherwise
use any prohibited drug.chanrobles virtual law library
"Prohibited drug," as used herein includes opium, cocaine, alpha and beta eucaine, Indian
hemp, their derivatives, and all preparations made from them or any of them, and such
other drugs, whether natural or synthetic, having physiological action as a narcotic
drug.chanrobles virtual law library
"Opium" embraces every kind, class, and character of opium, whether crude or prepared;
the ashes on refuse of the same; narcotic preparations thereof or therefrom; morphine or
any alkaloid of opium, preparation in which opium, morphine or any kind of opium, enter as
an ingredient, and also opium leaves or wrappings of opium leaves, whether prepared or
not for their use.chanrobles virtual law library chan robles virtual law library
"Indian hemp" otherwise known as marijuana, cannabis, Americana, hashish, bhang,
guaza,churruz, and ganjah embraces every kind, class and character of Indian hemp, whether
dried or fresh, flowering or fruiting tops of the pistillate plant cannabis satival, from which
the resin has not been extracted, including all other geographic varieties whether used as
reefers, resin, extract, tincture or in any other form whatsoever.chanrobles virtual law
library By narcotic drug is meant a drug that produces a condition of insensibility and
melancholy dullness of mind with delusions and may be habit-forming.chanrobles virtual law
library.
2. Anyone who shall maintain a dive or resort where any prohibited drug is used in any
form, in violation of the law.

Art. 191. Keeper, watchman and visitor of opium den. — The penalty of arresto
mayor and
a fine ranging from 100 to 300 pesos shall be imposed upon:
1. Anyone who shall act as a keeper or watchman of a dive or resort where any prohibited
drug is used in any manner contrary to law; and
2. Any person who, not being included in the provisions of the next preceding article, shall
knowingly visit any dive or resort of the character referred to above.

Art. 192. Importation and sale of prohibited drugs. — The penalty of prision
correccional in
its medium and maximum periods and a fine ranging from 300 to 10,000 pesos shall be
imposed upon any person who shall import or bring into the Philippine Islands any
prohibited drug.]
The same penalty shall be imposed upon any person who shall unlawfully sell or deliver to
another prohibited drug.

Art. 193. Illegal possession of opium pipe or other paraphernalia for the
use of any
prohibited drug. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall
be imposed upon any person who, not being authorized by law, shall possess any opium
pipe or other paraphernalia for smoking, injecting, administering or using opium or any
prohibited drug.
Art. 194. Prescribing opium unnecessary for a patient. — The penalty of prision
correccional or a fine ranging from 300 to 10,000 pesos, or both shall be imposed upon any
physician or dentist who shall prescribe opium for any person whose physical condition
does not require the use of the same.

Title Six
CRIMES AGAINST PUBLIC MORALSChapter One
GAMBLING AND BETTING

Art. 195. What acts are punishable in gambling.

ACTS PUNISHED
1. Any person other than those referred to in subsections (b) and (c) who, in any manner
shall directly, or indirectly take part in any game of monte, jueteng or any other form of
lottery, policy, banking, or percentage game, dog races, or any other game of scheme the
result of which depends wholly or chiefly upon chance or hazard; or wherein wagers
consisting of money, articles of value or representative of value are made; or in the
exploitation or use of any other mechanical invention or contrivance to determine by
chance the loser or winner of money or any object or representative of value.chanrobles
virtual law library
2. Any person who shall knowingly permit any form of gambling referred to in the
preceding subdivision to be carried on in any unhabited or uninhabited place of any
building, vessel or other means of transportation owned or controlled by him. If the place
where gambling is carried on has the reputation of a gambling place or that prohibited
gambling is frequently carried on therein, the culprit shall be punished by the penalty
provided for in this article in its maximum period.chanrobles virtual law library
(b) The penalty of prision correccional in its maximum degree shall be imposed upon the
maintainer, conductor, or banker in a game of jueteng or any similar game.
(c) The penalty of prision correccional in its medium degree shall be imposed upon any
person who shall, knowingly and without lawful purpose, have in his possession and lottery
list, paper or other matter containing letters, figures, signs or symbols which pertain to or
are in any manner used in the game of jueteng or any similar game which has taken place
or about to take place.chanrobles virtual law library

Art. 196. Importation, sale and possession of lottery tickets or

advertisements. — The
penalty of arresto mayor in its maximum period to prision correccional in its minimum
period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court,
shall be imposed upon any person who shall import into the Philippine Islands from any
foreign place or port any lottery ticket or advertisement or, in connivance with the importer,
shall sell or distribute the same.chanrobles virtual law library
Any person who shall knowingly and with intent to use them, have in his possession
lotterytickets or advertisements, or shall sell or distribute the same without connivance with
the
importer of the same, shall be punished by arresto menor, or a fine not exceeding 200
pesos, or both, in the discretion of the court.chanrobles virtual law library
The possession of any lottery ticket or advertisement shall be prima facie evidence of an
intent to sell, distribute or use the same in the Philippine Islands.
Betting in sports contests. — The penalty of arresto menor or a fine not exceeding
200 pesos, or both, shall be imposed upon any person who shall bet money or any object or
article of value or representative of value upon the result of any boxing or other sports
contests.chanrobles virtual law library

Art. 198. Illegal betting on horse race.

.
Acts punishable in illegal betting on horse races:
1. By betting on horse races during the periods not allowed by law.
2. By maintaining or employing a totalizer or other device or scheme for betting on realizing
profit therefrom, during races or the periods not allowed by law,
Totalizer: a machine for registering and indicating the number and nature of bets made on
horse races.
Horse Races are allowed during:
1. Sundays not reserved
2. 24 Saturdays
3. Legal Holidays EXCEPT:
a. Independence Day
b. Rizal Dayc. Registration or or Voting day
d. Holy Thursday
e. Good Friday

Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not exceeding
200
pesos, or both, in the discretion of the court, shall be imposed upon:
1. Any person who directly or indirectly participates in cockfights, by betting money or
other valuable things, or who organizes cockfights at which bets are made, on a day other
than those permitted by law.chanrobles virtual law library
2. Any person who directly or indirectly participates in cockfights, at a place other than a
licensed cockpit.
Modified by: PD 449
Under PD 449, the following may be held liable:
1. Any person who, directly or indirectly, participates in cockfights, by betting money or
other valuable things in a day other than those permitted by law.
2. Any person who, directly or indirectly. organizes cockfights at which bets are made in a
day other than those permitted by law.
3. Any person who, directly or indirectly, participates in cockfights, by betting money or
other valuable things at a place other than a licensed cockpit.
4. Any person who, directly or indirectly. organizes cockfights at which bets are made at a
place other than a licent cockpit
5. Owner, manager or lessee of the cockpit who shall permit gambling of any kind on the
premises of the cockpit or place of cockfighting during cockfights.
Cockfighting is allowed during:
1. Sundays
2. Legal Holidays EXCEPT:
a. Rizal Day
b. Independence Day
c. National Heroes Day
d. Holy Thursdaye. Good Friday
f. Election or Referendum Day
g. During the Registration days for election or referendum
3. During local fiestas for not more than 3 days
4. During provincial, city or municipal, agricultural, commercial industrial fair, carnival or
exposition for a similar period of three days

Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Art. 200. Grave scandal. — The penalties of arresto mayor and public censure shall be
imposed upon any person who shall offend against decency or good customs by any highly
scandalous conduct not expressly falling within any other article of this Code.
ELEMENTS:
1. That the offender performs an act or acts
2. That such act or acts be highly scandalous as offending against decency or good
customs
3. That the highly scandalous conduct is not expressly falling within any article of thisbCode.
4 . That the act or acts complained of be committed in a public place or within the public
knowledge or view.
Decency - mearis propietary of conduct proper observance of the requirements of
modesty, good taste, etc.Customs - established usage, social conventions carried on by
traditiont and enforced by
social disapprovat of any violation thereof
Grave scandal - consists of acts which are offensive to decency and good customs which
having committed publicly, have given rise to public scandal to persons who have
accidentally witnessed the same.
- If the act apts ots of the offender punished under another article of the Revised Penal

Art. 201. Immoral doctrines, obscene publications and exhibitions and

indecent shows. —
The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos,
or both such imprisonment and fine, shall be imposed upon:
(1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
(2) (a) the authors of obscene literature, published with their knowledge in any form; the
editors publishing such literature; and the owners/operators of the establishment selling
the same;
(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or
immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue
hereof, shall include those which (1) glorify criminals or condone crimes; (2) serve no other
purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law,
public order, morals, and good customs, established policies, lawful orders, decrees and
edicts;
(3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature
which are offensive to morals.(As amended by PD Nos. 960 and 969).

Art. 202. Vagrants and prostitutes; penalty. — The following are vagrants:
1. Any person having no apparent means of subsistence, who has the physical ability to
work and who neglects to apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public buildings or places or trampling or
wandering about the country or the streets without visible means of support;
3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those
who habitually associate with prostitutes;
4. Any person who, not being included in the provisions of other articles of this Code, shall
be found loitering in any inhabited or uninhabited place belonging to another without any
lawful or justifiable purpose;5. Prostitutes.chanrobles virtual law library
For the purposes of this article, women who, for money or profit, habitually indulge in
sexual intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be punished by
arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto
mayor in its medium period to prision correccional in its minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in the discretion of the court.

Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS
Chapter One
PRELIMINARY PROVISIONS
Art. 203. Who are public officers. — For the purpose of applying the provisions of
this and
the preceding titles of this book, any person who, by direct provision of the law, popular
election or appointment by competent authority, shall take part in the performance of
public functions in the Government of the Philippine Islands, of shall perform in said
Government or in any of its branches public duties as an employee, agent or subordinate
official, of any rank or class, shall be deemed to be a public officer
REQUISITES:
To be a public officer one must be -
1. Taking part in the performance of public functions in the government, ament, or
performing in said Government or in any of its branches public duties as an employee,
agent or subordinate official, of any rank or class; and
2. That his authority to take part in the performance of public functions or to perform public
duties must be-
a. By direct provision of the law, or
b. By popular election, or
c. By appointment by competent authority.
- The term "public officers embraces every public servant from the highest to the lowest.
For the purposes of the RPC, it obliterates the standard distinction in the law of public
officers between "officer and "employee."
- Temporary performance of public functions by a laborer makes him a public officer

Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
Section One. — Dereliction of duty
Misfeasance-improper performance of some act which might lawfully be
done .
Malfeasance the performance of some act which ought not to be done
Nonfeasance omission of some act which ought to be performed

Art. 204. Knowingly rendering unjust judgment. — Any judge who shall
knowingly render
an unjust judgment in any case submitted to him for decision, shall be punished by prision
mayor and perpetual absolute disqualification.
ELEMENTS:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is unjust
4. That the judge knows that his judgment is unjust.
Judgment - the final consideration and determination of court of competent jurisdiction
upon the matters submitted to it, in an action or proceeding
Unjust judgment - is the which is contrary to law, or is not supported by evidence, or both
Sources of unjust judgment:
1. Error are
2. Ill-will or ravence, or
3. Bribery
- There is no liability at all for a mere error in good faith
- There must be evidence that the judgment is unjust for it cannot be presumed. The
Supreme Court must have declared the judgment as unjust in a certiorari, prohibition, or
administrative proceeding.

Art. 205. Judgment rendered through negligence. — Any judge who, by reason
of
inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case
submitted to him for decision shall be punished by arresto mayor and temporary special
disqualification.chanrobles virtual law library

ELEMENTS:
1. That the offender is a judge:
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is manifestly unjust
4. That it is due to his inexcusable negligence or ignorance.
- "Manifestly Unjust Judgment" It is so manifestly contrary to law, that even a person having
a meager knowledge of the law cannot doubt the injustice (Albert)
- Abuse of discretion or mere error of judgment is NOT punishable.

Art. 206. Unjust interlocutory order. — Any judge who shall knowingly render an
unjust
interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period
and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance
and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension.
ELEMENTS:
1.That the offender is a judge;
2. That he performs any of the following acts:
a. Knowingly renders unjust interlocutory order or decree, or
b. Renders a manifestly unjust interlocutory order or decree through inexcusable
negligence or ignorance.
- Interlocutory order an order which is issued by the court between the commencement
and the end of a suit or action and which decides some point or matter, but which,
however, is not a final decision of the matter in issue
- Test: Does it leave something to be done in the trial court with respect to the merits of
the case? If it does, it is interlocutory: if it does not it is final.

Art. 207. Malicious delay in the administration of justice. — The penalty of

prision
correccional in its minimum period shall be imposed upon any judge guilty of malicious
delay in the administration of justice.chanrobles virtual law library
ELEMENTS:
1. That the offender is a judge;
2. That there is a proceeding in court.3. That he delays the administration of justice:
4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent
to inflict damage party in the case. on either
- Mere delay without malice is not a felony under this article.
- If the delay is NOT malicious, but committed through gross negligence, the crime
committed is that under 3019, Sec. 3(e).

Art. 208. Prosecution of offenses; negligence and tolerance. — The penalty of

prision
correccional in its minimum period and suspension shall be imposed upon any public officer,
or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain
from instituting prosecution for the punishment of violators of the law, or shall tolerate the
commission of offenses.chanrobles virtual law library
ACTS PUNISHED:
1. By maliciously refraining from instituting prosecution against violators of the law,
2. By maliciously tolerating the commission of a crime.
ELEMENTS:
1. That the offender is a public officer who has a duty to cause the prosecution of, or to
prosecute offenses;
2. That knowing the commission of the crime, he does not cause the prosecution of the
criminal or knowing that a crime is about to ing that a be committed he tolerates its
commission; and
3. That the offender acts with malice and deliberate intent to favor the violator of the law
* The guilt of the offender is a prejudicial question to the liability of the officer charged
under this provision
Who Can Be Offenders in Art. 208?
1. Public officer- Officers of the prosecution department, whose duty is to institute criminal
proceedings upon being informed
2. Officer of the law By reason of position held by them are duty-bound to cause
prosecution and punishment of offenders.
Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets
ACTS PUNISHED:
1. Caveing damage to his client, either
a. By any malicious breach ofprofessional duty, or
b.Ineorousable negligence or ignorance
- If no dainage is caused, attorney may be held administratively or cavity lable.
2. Revealing any of the secrets of his client learned by him in his professional capacity
Damage is NOT necessary.
3. Undertaking the defense of the opposing
party in the same case without the consent
of his first client after having undertaken the defense of said first client or after having
received confidential information from said client.
If the client consents to the attorney's taking the defense of the other party, there is no
crime.
Procurador judicial a person who had some practical knowledge of law and procedure, but
not lawyer, and was permitted to represent a party in a case before an inferior court

Section Two. — Bribery

Art. 210. Direct bribery.

ACT PUNISHED:
1. By agreeing to perform, or by performing in consideration of any offer, promise, gift or
present, an act constituting a crime, in connection with the performance of official duties
- The acceptance of the offer or promise is enough to consummate the crime. Absent such
acceptance, only the person making the offer or promise is liable for Attempted Corruption
of a Public Officer.
2. By accepting a gift in consideration of the execution of an act which does not constitute
a crime, in connection with the performance of his official duty.
- The gift must be accepted by the public officer.
- The act must be unjust.3. By agreeing to refrain, or by refraining. from doing doing
something which it is his official
duty to do, in consideration of a gift or promise.
- The third form of direct bribery differs from prevaricacion in that in bribery, the offender
refrained from doing his official duty in consideration of a gift received or or promised. This
element is not necessary in the crime of prevaricacion.

ELEMENTS OF DIRECT BRIBERY:

1. That the offender be a public officer;
2. That the offender accepts an offer or a promise or receives a gift or present by himself or
through another,
3. That such offer or promise be accepted, or gift or present received by the public officer-
a. With a view to committing some crime:or
b. In consideration of the execution of an act which does not constitute a crime, but the act
must be unjust; or
c. To refrain from doing something which it is his official duty to do:
4. That the act which the offender agrees to perform or which he executes be connected
with the performance of his official duties

Art. 211. Indirect bribery.

ELEMENTS:
1. That the offender is a public officer,
2. That he accepts gifts:3. That the said gifts are offered to him by reason of his office
ELEMENTS:
1. That the offender is public officer entrusted with law enforcement
2. That the offender refrains from amesting or prosecuting an offender who has committed
a crime punishable by reclusión perpetua andior death:
Note: If the crime committed is punishable by a penalty less than reclusion perpetua. the
public officer is liable under Article 208 and direct bribery.
3. That the offender refrains from arresting or prosecuting the offender in consideration of
any promise, gift or present.
The guilt of the offender is a prejudicial question to the liability of the officer charged under
this provision.

Art. 212. Corruption of public officials. — The same penalties imposed upon the
officer
corrupted, except those of disqualification and suspension, shall be imposed upon any
person who shall have made the offers or promises or given the gifts or presents as
described in the preceding articles.
ELEMENTS:
1. That the offender makes, offers or promises or gives gifts or presents to a public officer,
and
2. That the offers or promises are made or the gifts or presents given to a public officer,
under circumstances that will make the public officer liable for direct bribery or indirect
bribery.
- This article is concerned with the liability of the person who shall have made the offers or
promises or given the gifts to the public officer
- The crime is attempted if the offer, promise, gift or present was refused and
consummated if accepted.
- PD 749 grants immunity from prosecution to givers of bribes and other gifts and to their
accomplices if they willingly testify against public officers or employees in bribery and other
graft cases. For the Immunity to be enjoyed, the following conditions must concur
a. The information must refer to consummated violations of any of the provisions of law,rules
and regulations mentioned in PD 749,
b. The information and testimony are necessary for the conviction of the accused public
officer, c. Such information and testimony are not yet in the possession of the State
d. Such information and testimony can be corroborated on its material points; and
e. The informant or witness has not been previously convicted of a crime involving moral
turpitude.

Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Art. 213. Frauds against the public treasury and similar offenses.

ACTS PUNISHED.
1. By entering into an agreement with any interested party or speculator or making use of
any other scheme, to defraud the Government, in dealing with any person with regard to
furnishing supplies, the making of contracts, or the adjustment or settlement of accounts
relating to public property or funds2. By demanding, directly or indirectly, the payment of
sums different from or larger than
those authorized by law, in the collection of taxes, licenses, fees, and other imposts
3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money
collected by him officially, in the collection of taxes, licenses, fees and other imposts By
collecting or receiving, directly or indirectly, by way of payment or otherwise, things or
objects of a nature different from that provided by law, in the collection of taxes, licenses,
fees and other imposts
ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY
(Par. 1): 1. That the offender be a public officer;
2. That he should have taken advantage of his office, that is, he intervened in the
transaction in his official capacity,
3. That he entered into an agreement with any interested party or speculator or made use
of any other scheme with regard to
a. Furnishing supplies
b. The making of contracts, or
c. The adjustment or settlement of accounts relating to public property or funds
4. That the accused had intent to defraud the Government.
- The offender must have the duty as public officer to deal with any person with regard to
furnishing supplies, making of contracts, or the adjustments or settlement of accounts
relating to public property or funds.
- This crime is consummated by merely entering into an agreement with any interested
party or speculator or by merely making use of a scheme to defraud the government. It is
not necessary that the government is actually defrauded by reason of the transaction. It is
suffici that the public officer who acted in his official capacity had the intent to defraud the
Government.
ELEMENTS OF ILLEGAL EXACTIONS (PARS. 2-4):
1. The offender is a public officer entrusted usted with the collection of taxes, licenses, fees
and other imposts:
2. He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment of sums different from or larger thanthose
authorized by law, or
b. Falling voluntarily to issue a receipt, as provided by law for any sum of money collected
by him officially, or
c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things of
objects of nature different from that provided by law.
- Mere demand for larger or different amount is sufficient to consummate a crime.
- When there is deceit in demanding a greater fee than those prescribed by law, the crime
committed is estafa and not illegal exaction.
- A tax collector who collected a sum larger than that authorized by law and spent the same
is guilty of illegal exaction and malversation.
- Officers or employees of the Bureau of Internal Revenue or Bureau of Customs. are not
covered by this article. The National Internal Revenue Code or the Administrative Code
applies.

Art. 214. Other frauds. — In addition to the penalties prescribed in the provisions of
Chapter
Six, Title Ten, Book Two, of this Code, the penalty of temporary special disqualification in
its
maximum period to perpetual special disqualification shall be imposed upon any public
officer who, taking advantage of his official position, shall commit any of the frauds or
deceits enumerated in said provisions.chanrobles virtual law library
ELEMENTS:
1. That the offender is a public officer,
2. That he takes advantage of his official position:
3. That be commits any of the frauds or deceits enumerated in Arts 315 to 318 (estara, other
fortis of swindling, swindling a mines, and other deceits)
- The penalty under this article is in wadition to the penalties prescribed in the Articles
violatad
- Not a crime but considered an a special aggravating circumstance.

Art. 215. Prohibited transactions. — The penalty of prision correccional in its

maximum
period or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any
appointive public officer who, during his incumbency, shall directly or indirectly become
interested in any transaction of exchange or speculation within the territory subject to his
jurisdiction.
ELEMENTS:
1. That the offender is an appointive public officer, Examples: justices, judges or fiscals,
employees engaged in the collection and administration of public funds
2. That he becomes interested, directly or indirectly, in any transaction of exchange or
speculation,
3. That the transaction takes place within the territory subject to his jurisdiction,
4. That he becomes interested in the transaction during his incumbency.
- The transaction must be one of exchange or speculation, such as buying stocks and
selling stocks, commodities, land, etc., hoping to take advantage of an expected rise and
fall in price.
- Purchasing of stocks or shares in a company is simply an investment and is not a
violation of the article. But buying regularly securities for resale is speculation

Art. 216. Possession of prohibited interest by a public officer. — The penalty

of arresto
mayor in its medium period to prision correccional in its minimum period, or a fine ranging
from 200 to 1,000 pesos, or both, shall be imposed upon a public officer who directly or
indirectly, shall become interested in any contract or business in which it is his official duty
to intervene. This provisions is applicable to experts, arbitrators and private accountants who,
in like manner, shall take part in any contract or transaction connected with the estate or
property
in appraisal, distribution or adjudication of which they shall have acted, and to the
guardians and executors with respect to the property belonging to their wards or
estate.
PERSONS LIABLE:
1. Public officer who, directly or indirectly. became interested in any contract or business in
which it was his official duty to intervene
2. Experts, arbitrators, and private accountants who, in like manner, took part in any
contract or transaction connected with the estate or property in the appraisal. distribution
or adjudication of which they had acted.
3. Guardians and executors with respect to the property belonging to their wards or the
estate.
- Actual fraud is NOT necessary, the act is punished because of the possibility that fraud
may be committed or that the officer may place his own interest above that of the
government or party which he represents.- Intervention must be by virtue of public office
held. The official who intervenes in
contracts which have no connection with his office cannot commit the crime defined under
this Article.

Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Art. 217. Malversation of public funds or property; Presumption of

malversation.
ACTS PUNISHED:
1. By appropriating public funds or property.2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence, permitting any other person to
take such public funds or property.
4 By being otherwise of the se guilty the misappropriation or malversation of such funds or
property.
Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or property by reason of the duties of his office
3. That those funds or property were public funds or property for which he was
accountable
4. That he appropriated, took, misappropriated or consented, or through abandonment or
negligence, permitted another person to take them.
Custody- means guarding or keeping safe; care
Funds or property must be received in official capacity. Hence, if the public officer receive
the money and had no authority to he misappropriated the same, the crime is estafa, not
malversation.
The penalty for malversation is the same whether committed with malice or through
negligence or imprudence.
Nature of the duties of the public offices, not the name of the office lis controlling
Malversation may be committed by private individuals in the following cases:
1. Those in conspiracy with public officers guilty of malversation
2. Those who are pooessory or accomplice to a public officer
3. Custodian of public funds of property in whatever capacity
4. Depositary or administrator of public funds or property.
Presumption When demand is made to the accountable officer to account for the funds
and property and the same is not forthcoming, this shall be a prima facie evidence that he
has put such missing funds or property to personal use.
- The return of the funds malversed is only mitigating, not exempting circumstance- Demand
is NOT necessary in malversation. Damage to the government. is also not
necessary
Malversation is principally distinguished from estafa by:
1. The public or private character of the accused.
2. The nature of the funds.
3. The fact that conversion is not required in malversation
4. The rule that there is no need of prior demand in malversation.
5. The absence of a requirement of damage in malversation.

Art. 218. Failure of accountable officer to render accounts. — Any public

officer, whether in
the service or separated therefrom by resignation or any other cause, who is required by
law or regulation to render account to the Insular Auditor, or to a provincial auditor and
who fails to do so for a period of two months after such accounts should be rendered, shall
be punished by ,prision correccional in its minimum period, or by a fine ranging from 200 to
6,000 pesos, or both.chanrobles virtual law library
ELEMENTS:
1. That the offender is a public officer, whether in the service or separated therefrom.
2. That he must be an accountable officer for public funds or property.
3. That he is required by law or regulation to render accourits to the Commission on Audit,
or to a provincial auditor.
4.That he fails to do so for a period of two months after such accounts should be rendered.
- Demand for accounting is NOT necessary.
- It is NOT necessary that there be misappropriation. there misappropriation, he would be
liable also for malversation under Art. 217.

Art. 219. Failure of a responsible public officer to render accounts before

leaving the
country. — Any public officer who unlawfully leaves or attempts to leave the Philippine
Islands without securing a certificate from the Insular Auditor showing that his accounts
have been finally settled, shall be punished by arresto mayor, or a fine ranging from 200 to
1,000 pesos or both.chanrobles virtual law library
ELEMENTS:
1. That the offender is a public officer,2. That he must be an accountable officer for public
funds or property:
3. That he must have unlawfully left (or be on the point of leaving) the Philippines without
securing from the Commission on Audit a certificate showing that his accounts have been
finally settled.

Art. 220. Illegal use of public funds or property.

ELEMENTS:
1. That the offender is a public officer
2. That there is a public fund or property under his administration:
3. That such public fund or property has been appropriated by law or ordinance;
4. That he applies the same to a public use other than that for which such h funds or
property has been appropriated by law or ordinance.
- The crime under this Article is also referred to as TECHNICAL MALVERSATION.

Art. 221. Failure to make delivery of public funds or property.

ACTS PUNISHED
1. By failing to make payment by a public officer who is under obligation to make such
payment from Govemment funds in his possessionElements:
a. Public officer has government funds his possesion
b. He is under obligation to make payment from such funds.
c. He fails to make the payment, maliciously
2. By using to make delivery by a public officer who has been ordered by competent
authority to deliver any property in his custody or under this administration.

Art. 222. Officers included in the preceding provisions. — The provisions of this
chapter
shall apply to private individuals who in any capacity whatever, have charge of any insular,
provincial or municipal funds, revenues, or property and to any administrator or depository
of funds or property attached, seized or deposited by public authority, even if such
property belongs to a private individual.chanrobles virtual law library
Private individuals who may be liable under Art. 217-221:
1. Private individuals who, in any capacity whatsoever, have charge of of any national,
provincial or municipal funds, revenue or property
2. Administrator, depository of funds or property attached, seized, or deposited by public
authority even if such property belongs to a private individual (example: sheriffs and
receivers)

Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Section One. — Infidelity in the custody of prisoners

Art. 223. Conniving with or consenting to evasion. — Any public officer who
shall consent
to the escape of a prisoner in his custody or charge, shall be punished:
1. By prision correccional in its medium and maximum periods and temporary special
disqualification in its maximum period to perpetual special disqualification, if the fugitive
shall have been sentenced by final judgment to any penalty.chanrobles virtual law library
2. By prision correccional in its minimum period and temporary special disqualification, in
case the fugitive shall not have been finally convicted but only held as a detention prisoner
for any crime or violation of law or municipal ordinance.chanrobles virtual law
libraryElements:
1. That the offender is a public officer,
2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by
final judgment:
3. That such prisoner escaped from his custody,
4. That he was in connivance with the prisoner in the latter's escape.
Classes of prisoner involved:
1. If the fugitive has been sentenced by final judgment to any penalty
2. If the fugitive is held only as detention prisoner for any crime or violation of law or
municipal ordinance.
Leniency, laxity and release of detention prisoner who could not be delivered to the judicial
authority within the time fixed by law. are not considered infidelity in the custody of
prisoners.

Art. 224. Evasion through negligence. — If the evasion of the prisoner shall have
taken
place through the negligence of the officer charged with the conveyance or custody of the
escaping prisoner, said officer shall suffer the penalties of arresto mayor in its maximum
period to prision correccional in its minimum period and temporary special disqualification.
ELEMENTS:
1. That the offender is a public officer,
2. That he is charged with the conveyance or custody of a prisoner, either detention
prisoner or prisoner by final judgment:
3. That such prisoner escapes through his negligence.
- Not every negligence or distraction of a guard is penalized. It is only that posit
carelessness that is short of deliberate non-performance of his duties as guard that is the
gravamen of the crime of infidelity under Art. der Art. 224.
- The fact that the public officer recaptured the prisoner who had escaped from his custody
does not afford complete exculpation.
Lability of escaping prisLoner:
1. If the fugitive is serving sentence by reason of final judgment, he is liable for evasion of
the service of sentence under Art. 157.2. If the fugitive is only a detention prisoner, he does
not incur criminal liability

Art. 225. Escape of prisoner under the custody of a person not a public
officer. — Any
private person to whom the conveyance or custody or a prisoner or person under arrest
shall have been confided, who shall commit any of the offenses mentioned in the two
preceding articles, shall suffer the penalty next lower in degree than that prescribed for the
public officer.chanrobles virtual law library
ELEMENTS:
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or person under arrest is confided to him:
3. That the prisoner or person under arrest escapes:
4. That the offender consents to the escape of the prisoner or person under arrest, or that
the escape takes place through his negligence.
- Art. 225 is NOT applicable if a private person was the one who made the arrest. and he
consented to the escape of the person he arrested.
Section Two. — Infidelity in the custody of document

Art. 226. Removal, concealment or destruction of documents.

Elements:
1. That the offender be a public officer,
Note: If the offender is a private individual. estata is commited d if there is damage caused
if there is no damage, the crime is malicious mischief.2. That ne removes, conceals or
destroys documents or papers
- "Papers include checks, promissory notes and paper money
3. That the said documents or papers should have been entrusted to such public officer by
reason of his office
4. That damage, whether serious or not, to athird party or to the public interest should have
been caused.
- The document must be complete and one by which a right can be established or an
obligation could be extinguished.
- The removal must be for an illicit purpose.
- The crime removal of public document in breach of official trust is consummated upon its
removal or secreting away from its usual place in the office and after the offender had gone
out and locked the door, it being immaterial whether he has or has not actually
accomplished the illicit purpose for which he removed said document.
- Damage in this article may consist in mere alarm to the public or in the alienation of its
confidence in any branch of the government service.

Art. 227. Officer breaking seal. — Any public officer charged with the custody of
papers or
property sealed by proper authority, who shall break the seals or permit them to be broken,
shall suffer the penalties of prision correccional in its minimum and medium periods,
temporary special disqualification and a fine not exceeding 2,000 pesos.chanrobles virtual
law library
ELEMENTS:
1. That the offender is a public officer,
2. That he is charged with the custody of papers or property:
3. That these papers or property are sealed by proper authority,
4. That he breaks the seals or permits them to be broken
- Damage or intent to damage is not necessary.

ART. 228. OPENING OF CLOSED DOCUMENTS. — Any public officer not

included in the provisions
of the next preceding article who, without proper authority, shall open or shall permit to be
opened any closed papers, documents or objects entrusted to his custody, shall suffer the
penalties or arresto mayor, temporary special disqualification and a fine of not
exceeding2,000 pesos
ELEMENT
1. That the offender is a public officer.
2. That any closed papers, documents, or objects are entrusted to his custody.
3. That he opens or permits to be opened said closed papers, documents, or objects.
4. That he does not have the proper authority.
- The closed document must be entrusted to the custody of the accused by reason of his
office
- If in opening closed papers or objects, the public officer broke the seal, the offense would
be breaking seal under Art. 227 and not the crime of opening a closed document, because
the offender must be a public officer "not included in the preceding article."

Section Three. — Revelation of secrets

Art. 229. Revelation of secrets by an officer. — Any public officer who shall
reveal any
secret known to him by reason of his official capacity, or shall wrongfully deliver papers or
copies of papers of which he may have charge and which should not be published, shall
suffer the penalties of prision correccional in its medium and maximum periods, perpetual
special disqualification and a fine not exceeding 2,000 pesos if the revelation of such
secrets or the delivery of such papers shall have caused serious damage to the public
interest; otherwise, the penalties of prision correccional in its minimum period, temporary
special disqualification and a fine not exceeding 50 pesos shall be imposed.
ACTS PUNISHED:
1. By revealing any secret known to the offending public officer by reason of his official
capacity.
2. By delivering wrongfully papers or coples of papers of which he may have charge and
which should not be published.
Elements of No.1
1. That the offender is a public officer
2. That he knows of the secret by reason of his official capacity:
3. That he reveals such secret without authority or justifiable reasons:4. That damage, great or
small, be caused to public interest.
- Sec 3 (k) of RA 3019 is violated if there is no damage caused in revealing the secret.
- This article punishes minor official betrayals, infidelities of little consequence. affecting
usually the administration of justice, executive or official duties, or the general interest of
the public order.
- Secrets must affect public interests, if not, the revelation would constitute no crime at all
ELEMENTS OF NO. 2:
1. That the offender is a public officer
2. That he has charge of papers:
3.That those papers should not be published,
4. That he delivers those papers or copies thereof to a third person;
5. That the delivery is wrongful, and
6. That damage be caused to public interest
- "Charge" here means control or custody. If the public officer is merely entrusted wähThe
papers but not with the custody, he is not liable under this provision.
- Damage is an element of the offences defined in Art 229. A higher penalty is provided if
serious damage is caused otherwise a lower penalty is imposed. This indicates that the
lesser penalty refers to causing damage which is not serious.
Revelation of Secrets by an Officer
- The papers contain secrets and therefore should not be published, and the illicit purpose.
public officer having charge thereof removes and delivers them wrongfully to a third
person,
Infidelity in the Custody of Document/Papers by Removing the Same
- The papers do not contain secrets but their removal is for an illicit purpose

Art. 230. Public officer revealing secrets of private individual. — Any public
officer to
whom the secrets of any private individual shall become known by reason of his office who
shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not
exceeding 1,000 pesos.
ELEMENTS:
1. That the offender is a public officer,
2. That he knows of the secrets of a private individual by reason of his office:
3. That he reveals such secrets without authority or justifiable reason
- If the offender is a lawyer, the crime under Article 209 is committed.
- If the offender is a private individual, the crime under Article 290 or 291 is committed.
- Revelation to one person is necessary and sufficient, for public revelation is not required.
- It is NOT necessary that damage is suffered by the private individual. The reason for this
provision is to uphold faith and trust in public service.

Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Art. 231. Open disobedience. — Any judicial or executive officer who shall openly
refuse to
execute the judgment, decision or order of any superior authority made within the scope of
the jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties
of arresto mayor in its medium period to prision correccional in its minimum period,
temporary special disqualification in its maximum period and a fine not exceeding 1,000
pesos.
ELEMENTS:
1. That the offender is a judicial or executive officer
2. That there is a judgment, decision or order of a superior authority,
3. That such judgment, decision or order was made within the scope of the jurisdiction of
the superior authority and issued with all legal formalities;
4. That the offender without any legal justification openly refuses to execute said judgment,
decision or order, which he is duty-bound to obey.

Art. 232. Disobedience to order of superior officers, when said order was
suspended by
inferior officer. — Any public officer who, having for any reason suspended the execution
of the orders of his superiors, shall disobey such superiors after the latter have disapproved
the suspension, shall suffer the penalties of prision correccional in its minimum and medium
periods and perpetual special disqualification.
ELEMENTS:
1. That the offender is a a public officer,
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution of such order,
4. That his superior disapproves the suspension of the execution of the order;
5. That the offender disobeys his superior despite the disapproval of the suspension.
- This article does NOT apply if the order of the superior is illegal.

Art. 233. Refusal of assistance.

.

ELEMENTS:
1. That the offender is a public officer.
2. That a competent authority demands from the offender that he lends his cooperation
towards the administration of justice or other public service.
3. That the offender fails to do s so maliciously.
- There must be damage to the public interest or to a third party.
- If the offender is a private individual, he may be held liable for contempt.
Art. 234. Refusal to discharge elective office. — The penalty of arresto mayor or a fine
not
exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been
elected by popular election to a public office, shall refuse without legal motive to be sworn
in or to discharge the duties of said office.chanrobles virtual law library
ELEMENTS:
1. That the offender is elected by popular election to a public office.
2. That he refuses to be sworn in or to discharge the duties of said office, and3. That there is
no legal motive for such refusal to be swom in or to discharge the duties of
said office.

Art. 235. Maltreatment of prisoners. — The penalty of arresto mayor in its medium
period
to prision correccional in its minimum period, in addition to his liability for the physical
injuries or damage caused, shall be imposed upon any public officer or employee who shall
overdo himself in the correction or handling of a prisoner or detention prisoner under his
charge, by the imposition of punishment not authorized by the regulations, or by inflicting
such punishment in a cruel and humiliating manner.chanrobles virtual law library
ELEMENTS
1. That the offender is a public cofficer or employee
2. That he has under his charge a prisoner convicted by Fral judgment or a detention
prisoner;
3. That he maltreats such prisoner in either of the following manners:
a. By overdoing himself in the correction or handling of a prisoner or detention prisoner
under his charge either:
i. by the imposition of punishments not authorized by the regulations. or
ii. by inflicting such punishments (those authorized) in a cruel and humiliating manner, or
b. By maltreating such prisoner to extort a confession contession or to obtain some
information from the prisoner.
- The public officer or employee must have actual charge of the prisoner.
- Offender may also be held liable for physical injuries or damage caused. There is no
complex crime of maltreatment of prisoners with serious or less serious physical injuries, as
defined in Art. 48.

Section Two. — Anticipation, prolongation

and abandonment of the duties and powers of public office.
Art36. Anticipation of duties of a public office. — Any person who shall assume the
performance of the duties and powers of any public officer or employment without first
being sworn in or having given the bond required by law, shall be suspended from such
office or employment until he shall have complied with the respective formalities and shall
be fined from 200 to 500 pesos.
ELEMENTS:
1. That the offender is entitled to hold a public office or employment, either by election or
appointment;
2. That the law requires that he should first be sworn in and/or should first give bond:
3. That he assumes the performance of the duties and powers of such office;
4. That he has not taken his oath of affice andior given the bond required by law.
Art. 237. Prolonging performance of duties and powers. — Any public officer
shall continue
to exercise the duties and powers of his office, employment or commission, beyond the
period provided by law, regulation or special provisions applicable to the case, shall suffer
the penalties of prision correccional in its minimum period, special temporary
disqualification in its minimum period and a fine not exceeding 500 pesos.

ELEMENTS:
1. That the offender is holding a public office.
2. That the period provided by law. regulations or special provisions for
holding such office, has already expired,
That he continues to exercise the duties and power of such office.

Art. 238. Abandonment of office or position.

ELEMENTS:
1. That the offender is a public officer
2. That he formally resigns from his positio
- There must be written or formal resignation
3. That his resignation has not yet been. accepted,
4. That he abandons his office to the detriment of the public service.
Qualifying circumstance - when the abandonment of the office has for its purpose to
evade the discharge of the duties of preventing, prosecuting or punishing any of the crimes
falling within Title 1 and Chapter 1 Title 3 of Book 2 of this Code.
Abandonment of Office (Art. 230).
- Committed by any public officer.
- the public officer abandons hid office to evade the discharge of his duty.
Negligence and Tolerance in Prosecution of offenses (Art. 298)
- Committed only by public officers who ha have the duty to institute prosecution for the
punishment of Violation of the law
- The public officer does not abandon his office but he fails to prosecute an offense by
dereliction of duty or by malicious tolerance the commission of offenses.

Section Three. — Usurpation of powers and unlawful appointments

Art. 239. Usurpation of legislative powers. — The penalties of prision correccional

in its
minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos,
shall be imposed upon any public officer who shall encroach upon the powers of the
legislative branch of the Government, either by making general rules or regulations beyond
the scope of his authority, or by attempting to repeal a law or suspending the execution
thereof.
Elements:
1. That the offender is an executive Judicial officer
2. That he
a Makes general rules or regulations beyond the scope of his authority or
b.Altempts to repeal a law orc. Suspends the execution thereaf

Art. 240. Usurpation of executive functions. — Any judge who shall assume any
power
pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of
their powers, shall suffer the penalty of arresto mayor in its medium period to prision
correccional in its minimum period.chanrobles virtual law library
ELEMENTS:
1. That the offender is a pece
2. That he
a. Assumes a power pertaining to the executive authonties, of
b. Obstructs the executive authorities in the lawfut exercise exercise of of their their powers.

Art. 241. Usurpation of judicial functions. — The penalty of arresto mayor in its
medium
period to prision correccional in its minimum period and shall be imposed upon any officer
of the executive branch of the Government who shall assume judicial powers or shall
obstruct the execution of any order or decision rendered by any judge within its
jurisdiction.
ELEMENTS:
1. That the offender is an officer of the executive branch of the Govemment,
2. That he:
a. Assumes judicial powers; or
b. Obstructs the execution of any order or decision rendered by any judge within his
jurisdiction.

Art. 242. Disobeying request for disqualification. — Any public officer who,
before the
question of jurisdiction is decided, shall continue any proceeding after having been lawfully
required to refrain from so doing, shall be punished by arresto mayor and a fine not
exceeding 500 pesos.chanrobles virtual law library
ELEMENTS:
1. That the offender is a public officer,
2. That a proceeding is pending before such public officer
3. That there is a question brought before the proper authority regarding his jurisdiction,
which is not yet decided:4. That he has been lawfully required to refrain from continuing the
proceeding: 5. That he
continues the proceeding.

Art. 243. Orders or requests by executive officers to any judicial authority.

— Any
executive officer who shall address any order or suggestion to any judicial authority with
respect to any case or business coming within the exclusive jurisdiction of the courts of
justice shall suffer the penalty of arresto mayor and a fine not exceeding 500
pesos.chanrobles virtual law library
ELEMENTS:
1. That the offender is an executive officer:
2. That he addresses any order or suggestion to any judicial authority,
3. That the order or suggestion relates to any case or business coming within the exclusive
jurisdiction of the courts of justice.

Art. 244. Unlawful appointments. — Any public officer who shall knowingly
nominate or
appoint to any public office any person lacking the legal qualifications therefor, shall suffer
the penalty of arresto mayor and a fine not exceeding 1,000 pesos.chanrobles virtual law
library
ELEMENTS:
1. That the offender is a public officer
2. That he nominates or appoints a person to a public office
3 That such su person qualifications therefor lacks the legal
4. That the offender knows that his nominee or appointee lacks the qualification at the time
he made the nomination appointment.

Section Four. — Abuses against chastity

Art. 245. Abuses against chastity; Penalties. — The penalties of prision
correccional in its
medium and maximum periods and temporary special disqualification shall be imposed:
1. Upon any public officer who shall solicit or make immoral or indecent advances to a
woman interested in matters pending before such officer for decision, or with respect to
which he is required to submit a report to or consult with a superior officer;
2. Any warden or other public officer directly charged with the care and custody of
prisoners or persons under arrest who shall solicit or make immoral or indecent advances toa
woman under his custody.chanrobles virtual law library
If the person solicited be the wife, daughter, sister of relative within the same degree by
affinity of any person in the custody of such warden or officer, the penalties shall be prision
correccional in its minimum and medium periods and temporary special disqualification.
WAYS OF COMMITTING ABUSES AGAINST CHASTITY:
1. By soliciting or making immoral or indecent advances to a woman interested in the
matters pending before the offending officer for decision, or with respect to which he is
required to submit a report to or consult with a superior officer.
2.By soliciting or making immoral or indecent advances to a woman under the offender's
custody.
3. By soliciting or making immoral or indecent advances to the wife, daughter, sister or
relative within the same degree by affinity of any penson in the custody of the offending
warden or officer.
ELEMENTS:
1. That the offender is a public officer,
2. That he solicits or makes immoral or indecent advances to a woman;
3. That such woman must be
a. Interested in matters pending before the offender for decision, or with respect to which
he is required to submit a report to or consult with a superior officer, or a
b. Under the custody of the offender who is warden or rother public officer directly charged
with the care and custody of prisoners or persons under arrest or
c. The wife, daughter, sister or relative within the same degree by affinity of the person in
the custody of the offender.

TITLE EIGHT- CRIMES AGAINTS PERSON

Art 246- PARICIDE

ELEMENTS
1. That a person is killed
2. The diseased is killed by the accused
 3. That diseased is he accused father, mother or child, whether legitimate or illegitimate,
or any oh his ascendance, descendant, or his spouse

Art 247. Death or Physical injuries under exceptional circumstances.

ELEMENTS
1. A legally married person, or a parent, surprises his spouse or his daughter, the lather
18 years of age and living with him in the act of sexual intercourse with another
person.
2. He or she kills any or both of them, or inflicts upon any or both of them any serious
physical injury in the act or immediately there after.
3. H has not promoted or facilitated the prostitution of his wife or daughter, or that he
or she has not consented to the infidelity of the other spouse.

Art 248. MURDER

ELEMENTS
1. That a person was killed.
2. That the accused killed him.
3. That the killing attended by any of the qualifying circumstances under art. 248.
4. That the killing is not parricide or infanticide

Art 249. HOMMICIDE

ELEMENTS
1. Person was killed.
2. Offender killed him without any justifying circumstances.
3. Offender had the intension to kill, which is presumed .
4. Killing was not attended by any of the qualifying circumstances of murder, or by
that of parricide or infanticide.

Art. 250. Penalty for frustrated Parricide, Murder or, Homicide- The courts in
view of the facts of the case, may impose upon the person guilty of the frustrated crime of
parricide, murder or homicide, defined and penalized in the preceding article, a penalty lower
by 1 degree that that which should be imposed under the provision of article 50. The courts,
considering the facts of the case, may likewise reduce by 1 degree the penalty which under
art. 51 should be imposed for an attempt to commit any of such crimes.

ARTICLE 251. DEATH CAUSED IN A TUMULTUOUS AFFRAY

ELEMENTS:
1. There are several persons,
2. They do not compose groups organized for the common purpose of assaulting and
attacking each other reciprocally;
3. These several persons quarreled and assaulted one another in a confused and tumultuous
manner;
4. Someone was killed in the course of the affray:
5. It cannot be ascertained who actually killed the deceased;
6. The person or persons who inflicted serious physical injuries or who used violence can be
identified.

ARTICLE 252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY

ELEMENTS:
1. There is a tumultuous affray;
2. A participant or some participants thereof suffered serious physical injuries or physical
injuries of a less serious nature only;
3. The person responsible thereof cannot be identified;
4. All those who appear to have used violence upon the person of the offended party are
known.

ARTICLE 253. GIVING ASSISTANCE TO SUICIDE Any person who shall assist
another to commit suicide shall suffer the penalty of prision mayor; if such person leads his
assistance to another to the extent of doing the killing himself, he shall suffer the penalty of
reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor
in its medium and maximum periods, shall be imposed.

ARTICLE 254. DISCHARGE OF FIREARMS Any person who shall shoot at another
with any firearm shall suffer the penalty of prision correccional in its minimum and medium
periods, unless the facts of the case are such that the act can be held to constitute frustrated or
attempted parricide, murder, homicide or any other crime for which a higher penalty is
prescribed by any of the articles of this Code.
ELEMENTS:
1. Offender discharges a firearm against or at another person.
2. Offender has no intention to kill that person.

ARTICLE 255-INFANTICIDE If the crime penalized in this article be committed by the

mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of
prision mayor in its medium and maximum periods, and if said crime be committed for the
same purpose by the maternal grandparents or either of them, the penalty shall be reclusion
temporal.
ELEMENTS:
1. A child was killed by the accused;
2. The deceased child was less than 3 days old (72 hours).
3. That the accused killed the said child

ARTICLE 257-UNINTENTIONAL ABORTION

ELEMENTS:
1. There is a pregnant woman;
2. Violence is used upon such pregnant woman without intending an abortion;
3. The violence is intentionally exerted;
4. that as a result of the violence the fetus dies, either in the womb or expelled therefrom

CHAPTER TWO- PHYSICAL INGURY

ARTICLE 262-MUTILATION.
ELEMENTS:
1. There be a castration, that is, mutilation of organs necessary for generation, such as the
penis or ovarium;
2. The mutilation is caused purposely and deliberately;

ARTICLE 263-SERIOUS PHYSICAL INJURIES. Any person who shall wound, beat, or
assault another, shall be guilty of the crime of serious physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the
injured person shall become insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium and maximum periods, if in consequence
of the physical injuries inflicted, the person injured shall have lost the use of speech or the
power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall
have lost the use of any such member, or shall have become incapacitated for the work in
which he was therefor habitually engaged;
3. The penalty of prision correccional in its minimum and medium periods, if in consequence
of the physical injuries inflicted, the person injured shall have become deformed, or shall
have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or
incapacitated for the performance of the work in which he as habitually engaged for a period
of more than ninety days;
4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of
the injured person for more than thirty days. If the offense shall have been committed against
any of the persons enumerated in Article 246, or with attendance of any of the circumstances
mentioned in Article 248, the case covered by subdivision number 1 of this Article shall be
punished by reclusion temporal in its medium and maximum periods; the case covered by
subdivision number 2 by prision correccional in its maximum period to prision mayor in its
minimum period; the case covered by subdivision number 3 by prision correccional in its
medium and maximum periods; and the case covered by subdivision number 4 by prision
correccional in its minimum and medium periods. The provisions of the preceding paragraph
shall not be applicable to a parent who shall inflict physical injuries upon his child by
excessive chastisement.

ARTICLE 263-SERIOUS PHYSICAL INJURIES.

PUNISHABLE ACTS:
1. By wounding,
2. By beating: 3. By assaulting; or 4. Administering injurious substance

ARTICLE 264-ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGES

ELEMENTS:
1. Offender inflicted upon another any serious physical injury;
2. It was done by knowingly administering to him any injurious substance or beverages or
3. No intent to kill. by taking advantage of his weakness of mind or credulity;

ARTICLE 265-LESS SERIOUS PHYSICAL INJURIES

ELEMENTS:
1. Offended party is incapacitated for labor for 10 days or more (but not more than 30 days),
or needs medical attendance for the same period of time;
2. The physical injuries must not be those described in the preceding articles.
ARTICLE 266-SLIGHT PHYSICAL INJURIES AND MALTREATMENT
PUNISHABLE ACTS:
1. Physical injuries incapacitated the offended party for labor from 1-9 days, OR required
medical attendance during the same period;
2. Physical injuries which did not prevent the offended party from engaging in his habitual
work or which did not require medical attendance;
3. Ill-treatment of another by deed without causing any injury