3587785 philippine revised penal code book 2 midterm reviewer 2

8/8/2019 3587785 Philippine Revised Penal Code Book 2 Midterm Reviewer 2

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CRIMINAL LAW II January 2007MIDTERM REVIEWER

TITLE ONE: CRIMES AGAINST NATIONALSECURITY AND THE LAW OF NATIONS

Crimes against national security.1. Treason (114)

2. Conspiracy and proposal to committreason (115)

3. Misprision of treason (116)4. Espionage (117)

Crimes against the law of nations.1. Inciting to war or giving motives for

reprisals (118)2. Violation of neutrality (119)3. Correspondence with hostile country

(120)4. Flight to enemys country (121)

5. Piracy in general and mutiny on thehigh seas or in Philippine waters (122)

114. TREASONElements:

1. Offender Filipino citizen or alienresiding in the Philippines

2. There is a war Philippine is involved(not civil war)

3. Offender (a) levies war against thegovernment (declare war) or (b)adheres to the enemies giving them

aid or comfort.

Treason breach of allegiance to thegovernment committed by a person whoowes allegiance to it.

Allegiance the obligation of fidelity andobedience which the individuals owe to thegovernment under which they live or to theirsovereign, in return for the protection theyreceive.

** Treason cannot be committed in time ofpeace while there is peace, there are notraitors. Treason is a war crime, it ispunished by the state as a measure of self-defense and self-preservation.

Levies war actual assembling of men forthe purpose of executing a treasonabledesign by force. It is not necessary that therebe a formal declaration of the existence of astate of war. The war must be directedagainst the government: organized to

overthrow and destroy the establishedgovernment. Mere public uprising to inflict anact of hate or revenge upon the persons ofpublic officers does not constitute treasonbecause it is not directed against thegovernment. The levying of war must be incollaboration with a FOREIGN COUNTRY.

** Adherence and giving aid or comfort tothe enemy must CONCUR TOGETHER.

** The aid and comfort must be given to theenemy by some kind of action it must be adeed or physical activity, not merely a

mental operation. It must be to renderassistance to them as enemies and infurtherance of the enemies hostile designs.

**Murder and physical injuries were inherentin the crime of treason characterized by thegiving of aid and comfort to the enemy.

These crimes cannot be complexed withtreason.

** Treason by Filipino citizen can becommitted outside of the Philippines, buttreason by an alien must be committed IN

THE PHILIPPINES.

** Treason is a continuous offense may becommittees by one single act, series of acts,several series thereof, and different times.

Ways of proving treason:1. Testimony of two witnesses to the

same overt act, or

2. Confession of the accused in opencourt

Two-witness rule: The testimony of twowitnesses is required to prove the overt actof giving aid or comfort. It is not necessary toprove adherence. Each of the witnesses musttestify to the whole overt act, or if separable,there must be two witnesses to each part ofthe overt act.

** The defense of duress, lawful obedience to

a de facto government is a good defense intreason.

115. CONSPIRACY & PROPOSAL TOCOMMIT TREASON** Conspiracy to commit treason iscommitted when in time of war, two or morepersons come to an agreement to levy waragainst the government or to adhere to theenemies and to give them aid or comfort,and decide to commit it.

** Proposal to commit treason is committedwhen in time of war a person who hasdecided to levy war against the governmentor to adhere to the enemies and to givethem aid or comfort, proposes its executionto some other person or persons.

** Reason: in treason, the very existence ofthe state is ENDANGERED.

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** The two-witness rule does not apply toconspiracy or proposal to commit treason.

116. MISPRISION OF TREASON (keepingit to himself, silence)

Elements:1. Offender owing allegiance to the

government and NOT a foreigner2. Offender has knowledge of any

conspiracy to commit treason againstthe government

3. Offender conceals or does notdisclose and make known the same assoon as possible to the (a) governor orfiscal of the province or (b) to themayor or fiscal of the city WHICH HERESIDES.

** Cannot be committed by a resident alien

** Does not apply when treason is alreadycommitted by someone and the accuseddoes not report its commission to the properauthority knowledge of CONSPIRACY

** His penalty is like the penalty for anaccessory, still he is in the state of being theprincipal.

117. ESPIONAGE (spy)Two ways of committing:

A. EnteringElements:

1. Offender enters a Warship, Fort,Naval or Military establishment orreservation

2. He has no authority to do so

3. Purpose to obtain Information,Plans, Photographs or other data ofa confidential nature relative to thedefense of the Philippines

B. Disclosing1. Offender public officer2. He has in his possession the said

articles, data or information byreason of the public office he holds

3. He discloses their contents to arepresentative of a foreign nation.

118. INCITING TO WAR OR GIVINGMOTIVES FOR REPRISALElements:

1. Offender performs unlawful orunauthorized acts

2. Such acts provoke or give occasionfor a war involving or liable toinvolve the Philippines or expose

Filipino citizens to reprisal on theirpersons or property

** The intention of the offender is immaterial the law considers the effects produced bythe act of the accused. Such acts might

disturb the friendly relation that we havewith a foreign country, and that arepenalized even if they constitute a mereimprudence.

** Committed in time of peace

119. VIOLATION OF NEUTRALITYElements:

1. There is war in which thePhilippines is NOT INVOLVED

2. There us a regulation issued by

competent authority for thepurpose of enforcing neutrality

3. Offender violates such regulation

** A nation or power which takes no part in acontest of arms going on between others isreferred to as neutral.

120. CORRESPONDENCE WITH HOSTILECOUNTRYElements:

In time of war in which the Philippines is

involved1. Offender makes correspondence

with an enemy country or territoryoccupied by enemy troops

2. The correspondence is either a. Prohibited by the

governmentb. Carried on ciphers or

conventional signs, orc. Containing notice or

information which might beuseful to the enemy

Correspondence communication by meansof letters

121. FLIGHT TO ENEMYS COUNTRYElements:

1. There is a war in which thePhilippines is involved

2. Offender owes allegiance to thePhilippine government

3. Offender attempts to flee or go to

enemys country4. Going to the enemys country is

prohibited by competent authority(government)

** Mere attempt to enemys countryconsummates the crime.



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** If fleeing or going to an enemy country isnot prohibited by competent authority, thecrime is not committed.

122. PIRACY IN GENERAL AND MUTINYON THE HIGHT SEAS

Elements:1. A vessel is on the high seas or in

Philippine waters2. Offenders not members of its

complement or passengers ofvessels

3. Offenders (a) attack or seize thatvessel, or (b) seize the whole orpart of the cargo of said vessel, itsequipment or personal belongingsof its complement or passengers.

Piracy robbery or forcible depredation onthe high seas without lawful authority anddone with intent to steal.

Piracy vs. robbery on the high seas: there isviolence against or intimidation of persons orforce upon things in taking the property inthe vessel --

Robbery offender is a member of thecomplement or a passenger of thevessel;Piracy offender is NOT a passenger

or a member of the complementof the vessel.

Mutiny usually committed by the othermembers of the complement and may becommitted by the passengers of the vessel.It is the unlawful resistance to a superiorofficer or the raising of commotions anddisturbances on board a ship against theauthority of its commander.

Piracy Mutiny

Persons who attacksthe vessel or seize itscargo areSTRANGERS to saidvessel

They are members ofthe crew orpassengers

Intent to steal isessential

Intent to ignore theships officers or theymay be prompted bya desire to commitplunder

123. QUALIFIED PIRACYThere should be piracy or mutiny in the highseas. This will be qualified if any of thefollowing circumstances is present:

1. Whenever the pirates have seizedthe vessel by boarding or firing

upon the same;2. Whenever the pirates have

abandoned their victims withoutmeans of saving themselves; or

3. Whenever the crime isaccompanied by murder, homicide,physical injuries, or rape.

** This is a special complex crime punishableby reclusion perpetua regardless of thenumber of victims.

** Any person who aids or protects pirates orabets the commission of piracy shall beconsidered as an accomplice.

TITLE TWO: CRIMES AGAINST THEFUNDAMENTAL LAWS OF THE STATE

1. Arbitrary detention (124)2. Delay in the delivery of detained

persons to the proper judicial

authorities (125)3. Delaying release (126)4. Expulsion (127)5. Violation of domicile (128)6. Search warrants maliciously obtained

and abuse in the service of thoselegally obtained (129)

7. Searching domicile without witness(130)

8. Prohibition, interruption, anddissolution of peaceful meetings (131)

9. Interruption of religious worship (132)

10.Offending of religious feelings (133)

124. ARBITRARY DETENTIONElements:

1. Offender public officer oremployee

2. Offender detains a person3. Detention without legal grounds

** Public officers liable must be vested withauthority to detain or order the detention ofpersons accused of a crime; i.e. policemen,

judges, mayor.

** There is detention when he is placed in aconfinement or there is a restraint on hisperson even if hr could move freely, as longas he could not escape for fear of beingapprehended again.

Legal grounds for the detention of a person:



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1. Commission of a crime2. Violent insanity or other ailment

requiring compulsory confinementof the patient in a hospital.

** Arrest without warrant us the usual cause

of arbitrary detention.

Warrantless arrest:

1. When in the presence of a peaceofficer or a private person, the personto be arrested has committed, is

actually committing, or is attemptingto commit an offense;

2. When an offense has in fact just beencommitted, and he has probable causeto believe based on personalknowledge of facts and circumstancesthat the person to be arrested hascommitted it;

3. When the person to be arrested is aprisoner who has escaped from apenal establishment or place where heis serving final judgment or

temporarily confined while his case ispending, or has escaped while beingtransferred from one confinement toanother.

** It can be committed thru imprudence.

125. DELAY IN THE DELIVERY OFDETAINED PERSONS TO THE PROPER

JUDICIAL AUTHORITIESElements:

1. Offender public officer or employee

2. Offender detained a person for somelegal grounds

3. Offender fails to deliver person toproper judicial authorities within:12 hours offenses of light penalty18 hours offenses of correctional

penalty36 hours offenses of afflictive or

capital penalty

** Applies only to legal warrantless arrest ifthe arrest was made with warrant, the

person arrested can be detained indefinitelyuntil his case is decided by the court or heposts a bail for temporary release.

** Reason for provision it is intended toprevent any abuse resulting from confining aperson without informing him of his offenseand without permitting him to go on bail.

126. DELAYING RELEASEElements:

1. Offender public officer or employee2. There is a

(a) judicial/executive order forprisoners release

(b) proceeding upon a petition forprisoners liberation

3. Offender, without good reason, delays

(a) service of the notice of suchorder to the prisoner

(b) performance of such J/E orderfor release

(c) proceedings upon a petition of apetitioners liberation (writ ofhabeas corpus)

** Wardens and jailers are the public officersmost likely to violate article 126.

127. EXPULSIONElements:


2. Offender expels any person fromthe Philippines or compels a personto change residence

3. Offender not authorized by law todo so.

** Only the court by a final judgment canorder a person to change his residence. Thiscan be by ejectment proceedings,expropriation proceedings, and the penaltyof destierro.

128. VIOLATION OF DOMICILEElements:

1. Offender public officer or employee2. Offender not authorized by judicial

order to enter the dwelling and/or tomake a search therein for papers andother effects

3. Does any of the following acts:a. entered a dwelling against the

will of the owner thereof;b. searched papers or other

effects found therein withoutprevious consent of such owner;

c. refused to leave the premisesafter having surreptitiously(secretly) entered said dwelling

and having been required toleave the same.

** Against the will of the owner - there should be OPPOSITION or

PROHIBITION, expressed or implied- no crime committed if entrance is

merely without consent of theowner.



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** Qualifying circumstances:1. nighttime2. papers/effects not constituting

evidence of a crime are not returnedimmediately after the search made by

the offender

129. SEARCH WARRANTS MALICIOUSLYOBTAINES AND ABUSE IN THE SERVICEOF THOSE LEGALLY OBTAINEDProcuring a search warrant without justcauseElements:


2. Offender procures a searchwarrant

3. There is no just cause

Properties to be seized:1. Subject of the offense2. Stolen or embezzled and other

proceeds or fruits of the offense3. Used or intended to be used as the

means of committing an offense

Requisites for issuing search warrant:1. Probable cause connected with one

specific offense, determined

personally by the judge afterexamination under oath or affirmationof the complainant and the witnesseshe may produce

2. Particularly describing the place to besearched or the person of place to beseized, which may be anywhere in thePhilippines

** A search warrant shall be valid for 10 daysfrom its date. Thereafter, it shall be void.

Probable cause facts and circumstanceswhich would lead a reasonably discreet andprudent man to believe that an offense hasbeen committed, and that the object soughtin connection with the offense are in theplace sought to be searched.

** Peace officers may enter the house of an

offender who committed an offense in theirpresence.

Exceeding authority or using unnecessaryseverity in executing a search warrantlegally procuredElements:

1. Offender public officer or employee

2. He has legally procured a searchwarrant

3. He exceeds his authority or usesunnecessary severity in using thesame.

130. SEARCHING DOMICILE WITHOUTWITNESSESElements:

1. Offender public officer or employee2. Offender armed with search warrant

legally procured3. Offender searches the domicile,

papers or other belongings of anyperson

4. Owner or any member of his family ortwo witnesses residing in the samelocality are not present

131. PROHIBITION, INTERRUPTION, ANDDISSOLUTION OF PEACEFUL MEETINGSElements:

1. Offender public officer or employee2. Commits any of the following:

a. Prohibiting or interrupting,without legal ground, the holding ofa peaceful meeting, or bydissolving the same;

b. Hindering any person fromjoining any lawful association or

from attending any of its meetings;c. Prohibiting or hindering any

person from addressing, eitheralone or together with others, anypetition to the authorities for thecorrection of abuses or redress ofgrievances.

** Clear and present danger to justifysuppression of free speech, there must bereasonable ground to believe that the dangerapprehended is IMMINENT and that the evil

to be prevented is a serious one.

** The offender should be a stranger, and nota participant of the peaceful meeting.

132. INTERRUPTION OF RELIGIOUSWORSHIPElements:

1. Offender public officer or employee2. Religious ceremonies or

manifestations of any religion areabout to take place or going on

3. Offender prevents or disturbs thesame

** Religious acts performed anywhere

** Qualified if committed with violence orthreats



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133. OFFENDING OF RELIGIOUSFEELINGSElements:

1. Offender anyone

2. Act complained is performed (a) in aplace devoted to religious worship, or(b) during the celebration of anyreligious ceremony

3. Act must be notoriously offensive tothe feelings of the faithful

** There must be deliberate intent to hurtthe feelings of the faithful

** Offense to feelings is judged from thecomplainants point-of-view

VIOLATIONS IN CONSTITUTION:1. Arts. 124, 125, and 126 - Sec. 1, Art.

3: Right to liberty2. Art. 127 - Sec. 6, Art. 3: Liberty of

abode3. Arts. 128, 129, and 130 - Sec. 2, Art.

3: Right against unreasonablesearches and seizures

4. Art. 131 - Sec. 4, Art. 3: Freedom ofspeech, expression, and press,assembly and redress of grievances

5. Arts. 132 and 133 - Sec. 5, Art. 3:Freedom of religion

TITLE THREE: CRIMES AGAINST PUBLICORDER

1. Rebellion or insurrection (134)2. Coup detat (134-A)3. Conspiracy and proposal to commitcoup detat, rebellion or insurrection

(136)4. Disloyalty of public officers oremployees (137)5. Inciting to rebellion (138)6. Sedition(139)7. Conspiracy to commit sedition(141)8. Inciting to sedition (142)9. Acts tending to prevent themeeting of Congress and similarbodies (143)10.Disturbance of proceedings ofCongress or similar bodies (144)11.Violation of parliamentaryimmunity (145)12.Illegal assemblies (146)13.Illegal association (147)14.Direct assaults (148)15.Indirect assaults (149)16.Disobedience to summons issuedby Congress, its committees, etc., by

the constitutional commission, itscommittees, etc. (150)17.Resistance and disobedience to aperson in authority or the agents ofsuch person (151)18.Tumults and other disturbances of

public order (153)19.Unlawful use of means ofpublication and unlawful utterances(154)20.Alarms and scandals (155)21.Delivering prisoners from jails(156)22.Evasion of service of sentence(157)23.Evasion on occasion of disorders(158)24.Violation of conditional pardon

(159)25.Commission of another crimeduring service of penalty imposed foranother previous offense (160)

134. REBELLION OR INSURRECTIONElements:

1. There is (a) public uprising and (b)taking arms against the government.

2. Purpose of uprising or movement:a. to remove from the allegiance

to said government or its laws

(1) the territory of thePhilippines or any partthereof; or(2) any body of land, navalor armed forces; or

b. to deprive the Chief Executiveor Congress, wholly or partiallyof any of their powers orprerogatives.

Rebellion its object is completely tooverthrow and supersede the existing

government.

Insurrection a movement which seeksmerely to effect some change of minorimportance, or to prevent the exercise ofgovernmental authority with respect to aparticular matter or subject.

** Purpose of the uprising must be shown.

** It is not necessary that the purpose of therebellion be accomplished if they are

successful, they get to hold the government;they will not sue their own selves.

Treason RebellionLevying of waragainst thegovernment,performed to aid the

Levying of waragainst thegovernment forreasons: remove



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enemy; from allegiance togovernment anddeprive presidentand congress of anyof their powers;

May be committed by

mere adherence toadherence to theenemy giving him aidor comfort;

Always involves

taking up arms(uprising) against thegovernment;

Can be committed byan individual;

Multitude/ crime ofmasses.

Crime againstnational security

Crime against publicorder

134-A. COUP DETATElements:

1. Offender person/s belonging to themilitary or police holding any publicoffice or employment;

2. Committed swift attack accompaniedby violence, intimidation, threat,strategy or stealth;

3. Attack directed against dulyconstituted authorities of thePhilippines or any military camp orinstallation, communication networks,public utilities, or other facilitiesneeded for the exercise and continuedpossession of power;

4. Purpose of attack to seize/diminishstate power

Persons liable for rebellion, insurrection, andcoup detat

Leaders1. Any person who promotes, maintains,

or heads a rebellion or insurrection;2. Any person who leads, directs or

commands others to undertake a coupdetat.

Participants1. Any person who participates or

executes the commands of others in arebellion or insurrection;

2. Any person IN THE GOVERNMENT whoparticipates or executes the

commands of others in a coup detat;3. Any person NOT in the governmentservice who participates, supports,finances, abets, or aids in undertakinga coup detat.

** Mere silence or omission is not punishablein rebellion.

** No complex crime of rebellion Hernandez Ruling

- Other crimes committed as ameans to, or, in furtherance ofrebellion are absorbed in the crime.

- If other crimes were committed for

private purpose/profit, without anypolitical motivation, would beseparately punished and would notbe absorbed in rebellion.

136. CONSPIRACY AND PROPOSAL TOCOMMIT COUP DETAT, REBELLION ORINSURRECTION

** There is conspiracy to commit rebellionwhen two or more persons come to anagreement to rise publicly and take arms

against the government for any purpose ofrebellion and decide to commit it.

** There is proposal to commit rebellionwhen the person who has decided to risepublicly and take arms against thegovernment for any of the purposes ofrebellion proposes it execution to some otherperson or persons.

137. DISLOYALTY OF PUBLIC OFFICERSOR EMPLOYEES

Elements:1. Offender public officer or

employee2. Offender must not be in

conspiracy with the rebels3. Does any of the following acts:

a. Failing to resist rebellion byal the means in their power;

b. Continuing to discharge theduties of their offices underthe control of the rebels;

c. Accepting appointment to

office under them.There should be the existence of rebellion

by OTHER PERSONS

138. INCITING TO REBELLION ORINSURRECTIONElements:

1. Offender does not take arms or isnot in open hostility against thegovernment;

2. Offender incites others to risepublicly and take arms against the



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government for the purposes ofrebellion

3. Done by means of speeches,proclamations, writings, emblems,banners, or other representationstending to the same end.

Inciting torebellion

Proposal to commitrebellion

Not required that theoffender has decidedto commit rebellion;

The person whoproposes has decidedto commit rebellion;

The act of inciting isdone PUBLICLY;

The person whoproposes theexecution of thecrime uses SECRETMEANS.

139. SEDITIONElements:

1. Offenders rise publicly andtumultuously;

2. Offenders employ Force,Intimidation, or other means outside oflegal methods;

3. Objects:a. To prevent the promulgation or

execution of any law of theholding of any popular election;

b. To prevent the NationalGovernment, or any provincialor municipal government, orany public officer thereof fromfreely exercising its or hisfunctions, or prevent theexecution of any administrativeorder;

c. To inflict any act of hate orrevenge upon the person orproperty of any public officer oremployee;

d. To commit, for any political orsocial end, any act of hate orrevenge against private personsor any social class; and

e. To despoil, for any political orsocial end, any person,municipality or province, or theNational Government of all itsproperty or any part thereof.

Sedition RebellionPublic uprising

tumultuous

Taking up of arms

against thegovernmentPurpose may bepolitical or social

Purpose is alwayspolitical

Common crimes notabsorbed

Common crimes areabsorbed

Proposal is notpunished

Proposal is punished

Objects raising of Objects: purpose of

commotions ordisturbances in thestate;(5 objects of sedition)

taking arms againstgovernment;(remove fromallegiance anddeprive exec. andlegis. of freely

exercising theirpowers)

Offended party government, publicofficers oremployees, privatepersons and socialclass

Offended party state as a whole

141. CONSPIRACY TO COMMIT SEDITION

** There must be an agreement and a

decision to rise publicly and tumultuously toattain any of the objects of sedition.

** Proposal to commit sedition is notpunishable.

142. INCITING TO SEDITIONElements:

1. Offender does not take direct part inthe crime of sedition

2. Offender incites others to theaccomplishment of any of the actswhich constitute sedition

3. By means of speeches, proclamations,writings, emblems, cartoons, banners,or other representations tending tothe same end -

a. or utter seditious words orspeeches, write, publish orcirculate scurrilous libelsagainst the government of thePhilippines, or any of the dulyconstituted authorities thereof;

b. or which tend to disturb orobstruct any lawful officer inexecuting the functions of hisoffice;

c. or which tend to instigate othersto cabal and meet together forunlawful purposes

d. or which suggest or inciterebellious conspiracies or riots;

e. or which lead or tend to stir upthe people against unlawfulauthorities or to disturb thepeace of the community, safetyand order of the government;

f. or who shall knowingly concealsuch evil practices.

** It is not necessary that the words usedshould in fact result in a rising of peopleagainst the constituted authorities. Its



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purpose is to punish utterances which mayendanger public order.

Scurrilous low, vulgar, mean, or foul.

Two rules relative to seditious words:

1. The clear and present danger rulea. danger of a public uprising

danger should be clear andimminent

b. there must be reasonableground to believe that thedanger apprehended isimminent, and the evil soughtto be prevented is a seriousone. probability of seriousinjury

2. The dangerous tendency rulea. words used tend to create a

danger of public uprising;b. when the words uttered or

published could easily producedissatisfaction among thepeople and a state of feeling inthem incompatible with adisposition to remain loyal tothe government and obedient tolaws

143. ACTS TENDING TO PREVENT THEMEETING OF THE ASSEMBLY ANDSIMILAR BODIESElements:

1. There is a projected or actualmeeting of congress or any of itscommittees, constitutional

commission, committees, ordivision, or any provincial board,city, municipality, council or board;

2. Offender any person thatprevents the meeting by force orfraud.

144. DISTURBANCE OF PROCEEDINGSElements:

1. Meeting congress or any of itscommittees, subcommittees, divisions,provincial board, or city/municipal

council or board2. Does:

a. disturbs any of such meetingsb. behaves in such a manner as to

interrupt its proceedings or toimpair respect due it.

** The complaint for disturbance ofproceedings may be filed by a member of alegislative body.

** One who disturbs the proceedings of thecongress may also be punished for contempt

by the assembly.

145. VIOLATION OF PARLIAMENTARYIMMUNITYUsing force, intimidation, threats, or fraudsElements:

1. Offender uses force, intimidation,threats, fraud

2. Purpose prevent any member of thecongress to:

a. attend the meeting of thecongress or any of its

committees or constitutionalcommissions;

b. express his opinions;c. cast his vote.

Arresting or searching any member while insessionElements:

1. Offender public officer or employee2. Offender arrests or searches any

member of the congress3. Congress is in regular or special

session at the time of arrest or search4. Congressman arrested or searched

has not committed any crimepunishable under RPC by a penalty ofprision mayor (6y, 1d 12y) or higher

** Parliamentary immunity does not protectmembers of the Congress from responsibilitybefore the legislative body itself.

146. ILLEGAL ASSEMBLIESMeeting attended by armed persons any

crimes under RPCElements:1. Gathering of persons fixed place or

moving2. Attended by armed persons3. Purpose commit any crime under RPC

** The persons present at the meeting mustbe armed NOT ALL persons must be armed.

** The unarmed person merely present atthe meeting is liable.

Armed/not treason, rebellion, insurrection,sedition, or direct assaultElements:

1. Meeting or gathering of persons2. Audience, armed or not, incited to

commit treason, rebellion,insurrection, sedition, or direct assault



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** Audience is actually incited.- Persons liable are the organizers or

leaders of, and persons merelypresent at the meeting;

- Incited to commit rebellion orsedition (a) illegal assembly as

regards the organizers or leadersand persons merely present, and(b) inciting to sedition insofar asthe once inciting is concerned.

** The persons merely present at themeeting must have a common intent tocommit the felony of illegal assembly. Theabsence of such intent may exempt theperson present from criminal liability.

** Unlicensed firearm presumed for the

purpose of the meeting; he is considered aleader or organizer of the meeting.

** Illegal possession of firearms absorbed;if acquitted, separate crime of illegalpossession of firearms.

147. ILLEGAL ASSOCIATIONSThey are:

1. Associations totally or partiallyorganized for the purpose ofcommitting any of the crimes

punishable under RPC.2. Associations totally or partially

organized for some purpose contraryto public morals.

Persons liable:1. Founders, directors, and president of

the association;2. Mere members of the association.

Illegal Assembly Illegal AssociationActual meeting orassembly isnecessary;

Actual meeting isNOT necessary;

Meeting andattendance at suchmeeting arepunished;

The act of forming ororganizing andmembership in theassociation that arepunished;

Organizers, leaders,persons present atthe meeting LIABLE

Founders, directors,president, andmembers - LIABLE

148. DIRECT ASSULTSForce or intimidationElements:

1. Offender employs force orintimidation

2. Aim attain any of the purposes ofREBELLION and SEDITION

3. No public uprising

Makes attack, employs force, seriousintimidation, serious resistanceElements:

1. Offender makes attack, employsforce, makes serious intimidation,serious resistance

2. Victim person in authority or hisagent

3. Offender knows victim is a person inauthority

4. Victim: (a) engaged in actualperformance of duty, or (b) by reason

of past performance of duty5. No public uprising

Attack includes offensive or antagonisticmovement or action of any kind.

Force must be of serious character as toindicate determination to defy the law andits representative at all hazards.

** The force employed need not be seriouswhen the offended party is a person in

authority.

** The intimidation or resistance must beserious whether the offended party is anagent only or he is the person in authority.

** When a person in authority or his agent isthe one who provokes and attacks anotherperson, the latter is entitled to defendhimself and cannot be held liable for assaultor resistance not for physical injuries,because he acts in legitimate defense.

** When a person in authority or his agentexceeds his power or acts without authority,it is not the exercise of the functions of hisoffice. When he makes unnecessary use offorce or violence and goes beyond the limitsof his power, he acts as a private person.

** There can be no assault upon ordisobedience to one authority by anotherwhen they both contend in the exercise fortheir respective duties. (The crime

committed may be physical injuries only).

** The accused must have the knowledgethat the offended party was a person inauthority (or agent) in the exercise of hisduties, because the accused must have theintention to offend, injure or assault theoffended party as a person in authority oragent of such person.



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** The defendant must have the intention todefy the authorities.

Qualified assault:1. committed with a weapon;

2. offender is a public officer oremployee;

3. offender lays hands upon a person inauthority.

149. INDIRECT ASSAULTElements:

1. Person in authority or his agent is thevictim of any if the forms of directassault;

2. Another person comes to the aid ofsuch authority or his agent;

3. The offender makes use of force orintimidation upon such person comingto the aid of the authority or his agent.

** Indirect assault is committed only whendirect assault is also committed.

151. RESISTANCE AND DISOBEDIENCETO A PERSON IN AUTHORITY OR HISAGENTSResistance and serious disobedienceElements:

1. Person in authority or his agents engaged in the performance of officialduty or gives a lawful order to the

offender (direct order)2. Offender resists or seriously

disobeys him3. Act of offender is not included in

articles 148, 149, 150

** A person cannot be guilty of disobedienceto an order which is not addressed to him.

** The accused must have knowledge thatthe person arresting him is a peace officer.

Simple disobedience1. Person in authority or his agents

engaged in the performance of officialduty or gives a lawful order to theoffender

2. Offender disobeys3. Disobedience is not of serious nature.

** The order must be lawful otherwise, theresistance is justified.

ART. 152. PERSONS IN AUTHORITY ANDAGENTS OF PERSONS IN AUTHORITY

In applying the provisions of the precedingand other articles of this Code, any persondirectly vested with jurisdiction, whether asan individual or as a member of some courtor governmental corporation, board, orcommission, shall be deemed a person inauthority. A barrio captain and a barangaychairman shall also be deemed a person inauthority.

A person who, by direct provision of law orby election or by appointment by competent

authority, is charged with the maintenanceof public order and the protection andsecurity of life and property, such as a barriocouncilman, barrio policeman and barangayleader and any person who comes to the aidof persons in authority, shall be deemed anagent of a person in authority.

In applying the provisions of Articles 148 and151 of this Code, teachers, professors andpersons charged with the supervision ofpublic or duly recognized private schools,colleges and universities, and lawyers in theactual performance of their professionalduties or on the occasion of suchperformance, shall be deemed persons inauthority.

** Directly vested with jurisdiction powerand authority to govern and execute laws.

153. TUMULTS AND DISTURBANCESThey are:

1. Causing any serious disturbance in apublic place, office or establishment;

2. Interrupting or disturbingperformances, functions or gatheringsor peaceful meetings, if the act is notincluded in arts. 131 and 132;

3. Making an outcry tending to incite

rebellion or sedition in any meeting,association, or public place;

4. Displaying placards or emblems whichprovoke a disturbance of public orderin such place;

5. Burying with pomp the body of aperson who has been legally executed.

** Offender a participant in the meeting.



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** Serious disturbance must be planned orintended.

Outcry to shout subversive or provocativewords tending to stir up the people to obtain

by means of force or violence any of theobjects of rebellion or sedition; more or lessunconscious outburst which is notintentionally calculated to induce others tocommit rebellion or sedition.

155. ALARMS AND SCANDALSPunished:

1. Discharging any firearm, rocket,firecracker, or other explosivecalculated to cause alarm or danger;

2. Instigating or taking active part in any

charivari or other disorderly meetingoffensive to another or prejudicial topublic tranquility;

3. Disturbing the public peace whilewandering about at night or whileengaged in any other nocturnalamusements;

4. Causing any disturbance or scandal inpublic places while intoxicated orotherwise, provided art. 153 is notapplicable.

** It is the result that counts, and not theintent.

** Anywhere, as long as discharge of firearm,rocket, etc. produced alarm or danger.

Charivari sounds designed to annoy andinsult.

156. DELIVERING PRISONERS FROM JAILElements:

1. Person confined in a jail or penal

establishment;2. Offender removes or helps escape by

means of a. violence intimidation, or

bribery;b. taking the guards by surprise, if

the escape of the prisoner shalltake place outside the saidestablishment.

** Violence, intimidation and bribery qualifying circumstances

** Mere detention prisoners included.Hospital or asylum considered extension of

jail or prison.

** Offender is usually an outsider. Anemployee of the penal establishment whohelps the escape of a person confinedtherein may also be punished, provided that

he does not have the custody or charge ofsuch person. It may also be a prisonerhelping another prisoner. If the offender isa public officer who had the prisoner in hiscustody or charge, he is liable for infidelity inthe custody of a prisoner (223).

** By other means substituting an prisonerby taking his place in jail is an example.

** A person delivering a prisoner from jailmay be held liable as accessory (treason,murder, or parricide cases only)

** If the prisoner removed is a detentionprisoner, such prisoner is not criminallyliable. He can only be liable for evasion ofservice of sentence is he is a convict by final

judgment.

157. EVASION OF SERVICE OF SENTENCEElements:

1. Offender convict by a final judgment2. Offender serving his sentence which

consists of deprivation of liberty3. Offender evades service of sentence

by ESCAPING the term of his sentence

** If the convict escapes withoutcommencing to serve the sentence or

without expressly waiving in writing his rightto appeal, or he is a detention prisoner orminor delinquent who escapes fromconfinement offender is not liable forevasion of service of sentence.

Qualifying circumstances:1. Unlawful entry (climbing the wall)2. Breaking doors, windows, gates, walls,

roofs, or floors3. Using picklocks, false keys, disguise,

deceit, violence or intimidation

4. Connivance with other convicts oremployees of the penal institution

158. EVASION OF SERVICE DURINGDISORDERSElements:

1. Offender convict by final judgment,confined in a penal institution

2. Disorder conflagration, earthquake,explosion, similar catastrophe, mutiny(he has not participated)

3. Offender evades by leaving penal

institution on the occasion of suchdisorder

4. Offender fails to give himself up toauthorities 48 hours following theissuance of the Chief Executiveannouncing the passing away of suchcalamity



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** The offender must be a convict by finaljudgment, and must leave the penalinstitution.

** If the offender fails to surrender, he shallsuffer an increase of 1/5 of the time stillremaining to be served under the originalsentence, NOT TO EXCEED 6 MONTHS.

** If the offender surrenders within 48 hours,he is entitled to 1/5 deduction of the periodof his sentence.

160. QUASI-RECIDIVISMElements:

1. Offender already convicted by finaljudgment of one offense

2. Committed a new felony (a) beforethe beginning to serve such sentence;or (b) while serving the same

** First offense need not be a felony (crimeunder RPC)

** New offense need not be of differentcharacter from that of the former offense.

Recidivism Quasi-RecidivismGeneric aggravatingcircumstance

Special aggravatingcircumstance

May be offset by amitigatingcircumstance

Cannot be offset by amitigatingcircumstance

2 offenses embracedin the same title/code

1st offense may beother violation; 2nd

offense should be afelony

Committed afterserving the sentence

Committed beforebeginning to serve orwhile serving thesentence

TTILE FOUR: CRIMES AGAINST PUBLICINTEREST

1. Counterfeiting seal of the government,forging signature or stamp of the ChiefExecutive (161)

2. Using forged signature or counterfeit

seal or stamp (162)3. Making and importing and utteringfalse coins (163)

4. Mutilation of coins, importation anduttering of mutilated coins (164)

5. Selling of false or mutilated coins(165)

6. Forging treasury or bank notes orother documents payable to the

bearer, importing and uttering suchfalse or forged notes and documents(166)

7. Counterfeiting, importing and utteringinstruments not payable to the bearer(167)

8. Illegal possession and use of forgedtreasury or bank notes and otherinstruments of credit (168)

9. Falsification of legislative documents(170)

10.Falsification by public officer,employee or notary (171)

11.Falsification by private individuals anduse of falsified documents (172)

12.Falsification of wireless, cable,telegraph and telephone messagesand use of said falsified messages

(173)13.False medical certificates, certificates

of merit or service (174)14.Using false certificates (175)15.Manufacturing and possession of

instruments or implements forfalsification (176)

16.Usurpation of authority and officialfunctions (177)

17.Using fictitious name and concealingtrue name (178)

18.Illegal use of uniform or insignia (179)19.False testimony against a defendant

(180)20.False testimony favorable to the

defendant (181)21.False testimony in civil cases (182)22.Perjury (183)23.Offering false testimony in evidence

(184)

FORGING committed by giving to a treasuryor bank note or any instrument payable to

bearer or to order the appearance of a trueand genuine document; to make falseinstrument intended to be passed for agenuine one.

FALSIFICATION committed by erasing,substituting, counterfeiting or altering by anymeans the figures, letters, words, or signscontained therein.

171. FALSIFICATION BY PUBLICOFFICER, EMPLOYEE OR NOTARY, OR

ECCLESIASTICAL MINISTERElements:

1. Offender public officer, employee,notary, or ecclesiastical minister;

2. Offender takes advantage of hisofficial position;

3. Falsifies a document through any ofthe following:



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a. Counterfeiting or imitating ahandwriting, signature, orrubric;

b. Causing it to appear thatpersons participated in an act orproceeding when they did not in

fact so participate;c. Attributing to person who

participated in an act orproceeding statements otherthat those in fact made bythem;

d. Making untruthful statements ina narration of facts;

e. Altering true dates;f. Making any alteration or

intercalation in a genuinedocument which changes its

meaning;g. Issuing in an authenticated form

a document purporting to be acopy of and original documentwhen no such original exists, orincluding in such copystatements in contrary to ordifferent from that of thegenuine original; and

h. Intercalating any instrument ornote relative to the issuancethereof in a protocol, registry,

or official book.

Ecclesiastical minister- commit any of theoffenses enumerated, with respect to anyrecord or document of such character that itsfalsification may affect the civil status of aperson.

COUNTERFEITING1. Intent to imitate, or attempt to imitate2. The genuine and the forged bear some

resemblance to each other

MAKING UNTRUTHFUL STATEMENTS1. Offender makes in a document

statements in a narration of facts;2. Offender- has the LEGAL OBLIGATION

to disclose the truth of the factsnarrated by him;

3. Facts narrated are ABSOLUTELYFALSE;

4. Such act was made with theWRONGFUL INTENT OF INJURING A

THIRD PERSON (for private documentsonly)

** There is a law requiring the disclosure ofthe truth.

** The person making false statements mustbe aware of the falsity of the facts narrated.

ALTERING TRUE DATES** Date must be ESSENTIAL the alteration

of dates in a document must affect either theVERACITY of the document or the effectsthereof.

MAKING ALTERATION OR INTERCALATIONElements:

1. There is change or insertion on adocument;

2. Made on a GENUINE document;3. Such change or insertion changes the

meaning of the document;4. Such change speak something FALSE.

ISSUING IN AUTHENTICATED FORM1. Purporting to be a copy of an original

when no such original exists;2. Including in copy a statement contrary

to or different from that of the genuineoriginal.

** Liability of private individual is the sameas the public officer when there isconspiracy.

** Intent to gain or prejudice is nit necessary.

172. FALSIFICATION BY PRIVATEINDIVIDUALS AND USE OF FALSIFIEDDOCUMENTSFalsification of public, official, or commercialdocument by a private individualElements:

1. Offender private individual or publicofficial or employee who did not takeadvantage of his official position;

2. He committed any of the acts of

falsification enumerated in art 1713. Falsification was committed in a

public, official, or commercialdocument.

PUBLIC DOCUMENT any instrumentauthorized by a notary public or a competentpublic official with the solemnities requiredby law.

OFFICIAL DOCUMENT a document issued bya public official in the exercise of the

functions of his office.

COMMERCIAL DOCUMENT any documentdefines and regulated by the Code ofCommerce.



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** The possessor of a falsified document ispresumed to be the author of thefalsification.

** Lack of malice or criminal intent is adefense in falsification of public document.

** The principal thing punished is theVIOLATION OF PUBLIC FAITH and thePERVERSION OF TRUTH which the documentsolemnly proclaims prejudice to a thirdperson is immaterial.

Falsification of private document:Elements:

1. Offender committed any acts offalsification enumerated in art 172,except in paragraph 7;

2. Falsification is committed in anyprivate document;

3. Falsification caused damage to a thirdparty, or at least with intent to causesuch damage.

** Complex crime public, official, orcommercial documents** One crime private document, cannot becomplexed with any crime (against property)

Use of falsified document

INTRODUCING IN A JUDICIAL PROCEEDINGElements:

1. Offender knowledge that thedocument was falsified by anotherperson;

2. False document is embraced in article171 or 172 (par. 1-2);

3. He introduces such document asEVIDENCE in any JUDICIALPROCEEDING.

USE IN ANY OTHER TRANSACTION

Elements:1. Offender knowledge that the

document was falsified by anotherperson;

2. False document is embraces in article172 and 172 (par. 1-2)

3. He used such document NOT INJUDICIAL PROCEEDING;

4. Such use of document caused damageto another or at least was used withintent to cause such damage.

177. USURPATION OF AUTHPRITY OROFFICIAL FUNCTIONCommitted:

1. By representing himself to be anofficer, agent or representative of anydepartment or agency of thegovernment;

2. By performing an act pertaining to aperson in authority or public officer.

** Mere act of knowingly and falselyrepresenting oneself to be an officer, etc. issufficient. There must be positive, expressand explicit representation. (1)

** The act performed must pertain to thegovernment, or to any person in authority orto any public officer.

178. USING FICTITIOUS NAME ANDCONCEALING TRUE NAME

Using fictitious name

Elements:1. Offender uses a name OTHER that

his REAL name2. He uses this name PUBLICLY3. Purpose

a. conceal a crime;b. evade execution of a judgment;c. cause damage to public interest

Concealing true nameElements:

1. Offender conceals

a. his true nameb. all other personal circumstances

2. Purpose conceal his identity

USE OF UNREGISTERED ALIASES

** Pseudonym solely for literary, cinema,television, radio or other entertainmentpurposes and in athletic events.

** Proceedings judicial authority for achange of name; name duly recorded in the

proper local civil registry.

180. FALSE TESTIMONY AGAINST ADEFENDANTElements:

1. Criminal proceeding2. Offender testifies falsely under oath

against the defendant3. Offender knows the falsity of such

testimony4. Defendant must be convicted or

acquitted in a final judgment.

** Defendant must be sentenced to acorrectional penalty, fine, or must beacquitted.

181. FALSE TESTIMONY FAVORABLE TOTHE DEFENDANT



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** Reason tendency to favor or prejudicethe defendant

** The false testimony in favor of defendantneed not directly influence the decision ofacquittal.

** The false testimony favorable to thedefendant need not benefit the defendant.

** Conviction or acquittal of defendant is notnecessary.

** The defendant who falsely testified in hisown behalf is guilty here.

** Rectification made spontaneously afterrealizing the mistake is not false testimony.

182. FALSE TESTIMONY IN CIVIL CASESElements:

1. Testimony given in a civil case;2. Testimony relates to the issues

presented in said case;

3. Testimony is false;4. Defendant knows the falsity of such

testimony;5. Testimony us malicious and given with

intent to affect the issue presented inthe case.

183. PERJURYElements:

1. Accused made a statement underoath or executed an affidavit upon amaterial matter;

2. Such was made before a competentofficer authorized to receive andadminister oath;

3. Such was made in a willful anddeliberate assertion of falsehood;

4. Such false statement or affidavit usREQUIRED BY LAW.

** NOT IN JUDICIAL PROCEEDING!!!

Material Matter main fact which is thesubject of inquiry, materiality, great

importance to the case.

** The assertion of falsehood must be willfuland deliberate.

** Good faith or lack of malice is a DEFENCEin perjury.

** Even if there is no law requiring thestatement to be made under oath, as long asit is made for a legal purpose, it is sufficient.

SUBORNATION of perjury

- Committed by a person whoknowingly and willfully makesanother to swear falsely and thewitness induced does testify undercircumstances rendering him guiltyof perjury.

- The one inducing another is theprincipal by inducement and theone induced is the principal bydirect participation.

OFFENSES AGAINST DECENCY ANDGOOD CUSTOMS

1. Grave scandal (200)2. Immoral doctrines, obscene

publications and exhibitions (201)3. Vagrancy and prostitution (202)

200. GRAVE SCANDALElements:

1. Offender performs an act: highly

scandalous as offending againstdecency or good customs;

2. Highly scandalous conduct is notexpressly falling within any otherarticle of this code;

3. Such act is committed in a PUBLICPLACE or within the public knowledgeor view.

** The acts must be those that can cause

public scandal among the persons witnessingthem.

PROSTITUTEElements:

1. Offender woman2. Habitual indulgence in sexual

intercourse or lascivious conduct3. Such act for money or profit


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