# CRIME ELEMENTS HIGHLIGHTSCRIMES AGAINST NATIONAL SECURITY: TREASON AND ESPIONAGE114 Treason 1. That the offender is a Filipino citizen or an

alien residing in the Philippines2. That there is a war in which the Philippines

is involved3. That the offender either (a) levies war

against the Government or (b) adheres to the enemies, giving them aid or comfort

Indeterminate sentence law is not applicable

Nature: Violation by a subject of his allegiance to his sovereign or to the supreme authority of the State

Treason – breach of allegiance to a government

Allegiance – obligation of fidelity and obedience which the individual s owe to the government under which they live

Cannot be committed in time of peace

War must be direct against the government

“Adherence to the enemy” – intent to betray;

“Aid or comfort” – act which strengthens or tends to strengthen the enemy

Must be intentional

There are no complex crimes but it is a continuing offense

Two witness rule – required when the offender levies war against the gov’t

exception: 1 is needed if aid and comfort

Aggravating circumstances: cruelty, ignominy

Circumstances inherent: treachery, abuse of superior strength and evident premeditation

Defense of suspended allegiance and change of sovereignty is not accepted

115 Conspiracy and proposal to commit

Conspiracy1. In time of war2. 2 or more persons come to an agreement

Indeterminate sentence law is not applicable

In treason, the very existence of the state is endangered

treason a. levy warb. adhere to enemies

3. They decide to commit itProposal

1. In time of war2. A person who has decided to levy war

against the government, or to adhere to the enemies and give them aid and comfort

3. Proposes its execution to other persons

Two-witness rule does not apply to conspiracy or proposal to commit treason

It is a separate and distinct offense from that of treason

116 Misprision of treason

1. That the offender must be owing allegiance to the Government, and not a foreigner

2. That he has knowledge of any conspiracy against the Government

3. That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal

Indeterminate sentence law is not applicable

116 does not apply when the crime of treason is already committed by someone

Offender is punished as an accessory to treason however he is a principal in the crime of misprision of treason

117 Espionage By entering, without authority, a warship, fort, or a 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 Phil

1. That the offender enters the place2. No authority3. His purpose is to obtain information

By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in par. 1, which he had in his possession by reason of the public office he holds

1. Public officer2. He has in his possession the articles3. He discloses their content to a representative

of a foreign nation

Indeterminate sentence law is not applicable

It is not necessary that information is obtained

Espionage vs TreasonEspionage Treason

Crime not conditioned by the citizenship of the offender

Has to be a Filipino (and in some cases, a foreigner)

Can be committed anytime

Committed only in time of war

May be committed in many ways

Committed by levying war, and adhering to the enemy giving him aid and comfort

CRIMES AGAINST NATIONAL SECURITY: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR118 Inciting to war

or giving motives for reprisals

1. That the offender performs unlawful or unauthorized acts

2. That such acts provoke or give occasion for a war involving or liable to involve the

Reprisals: It is any kind of forcible or coercive measure whereby one State seeks to exercise a deterrent effect or to obtain redress or satisfaction, directly or indirectly,

Philippines or expose Filipino citizens to reprisals on their persons or property

for consequences of the illegal acts of another state which has refused to make amends for such illegal con-duct

Intention of the offender is immaterial The law considers the effects produced by the acts of the ac-

cused Such acts might disturb the friendly relation that we have

with a foreign countryCommitted in time of peace

Penalty is higher when the offender is a public officer or employee119 Violation of

neutrality1. That there is a war which the Philippines is

not involved2. That there is a regulation issued by compe-

tent authority for the purpose of enforcing neutrality

3. That the offender violates such regulation

Neutrality – nation or power which takes no part in a contest of arms going on between others

120 Correspondence with hostile countries

1. That it is in time of war in which the Philip-pines is involved

2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops

3. That the correspondence is either: (a) prohib-ited by the Gov’t, (b) carried on in ciphers or conventional signs, or (c) containing notice or information which might be useful to the enemy

Correspondence – communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations

Circumstances qualifying the offense:1. That the notice or information might be useful to the enemy2. That the offender intended to aid the enemy

121 Flight to enemy’s country

1. That there is a war in which the Philippines is involved

2. That the offender must be owing allegiance to the government

3. That the offender attempts to flee or to go to enemy country

4. That going to enemy country is prohibited by competent authority

An alien resident in the country can be held liable under this article

CRIMES AGAINST NATIONAL SECURITY: PIRACY AND MUTINY ON THE HIGH SEAS IN PHILIPPINE WATERS

122 Piracy in general and mutiny on the high seas

1. That a vessel is on the high seas or in Philip-pine waters

2. That the offenders are not members of its complement or passengers of the vessel

3. That the offenders (a) attack or seize that vessel, or (b) seize the whole or part of the cargo of said vessel, its equipment or per-sonal belongings of its complement or pas-sengers

Indeterminate Sentence Law is not applicable

Two ways of committing piracy:1. By attacking or seizing a vessel on the high seas or in

Philippine waters2. By seizing in the vessel while on the high seas or in Philip-

pine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers

Piracy – robbery or forcible depredation on the high seas, without lawful authority

Piracy RobberyIntent to gain Intent to gainOutsider of the ship Inside of the ship

Mutiny – unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander

123 Qualified piracy

Qualified piracy1. Whenever they have seized a vessel by

boarding or firing upon the same2. Whenever the pirates have abandoned their

victims without means of saving themselves3. Whenever the crime is accompanied by mur-

der, homicide, physical injuries, or rapeQualified mutiny

1. When the offenders abandoned the victims without means of saving themselves

2. When mutiny is accompanied by rape, mur-der, homicide or physical injuries

Indeterminate sentence law is not applicable

Qualified piracy is a heinous crime

Qualified piracy is considered a special complex crime

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE: ARBITRARY DETENTION AND EXPULSION124 Arbitrary

detention1. That the offender is a public officer or em-

ployee2. That he detains a person3. That the detention is without legal grounds

The public officer must be vested with authority to detain or order the detention of persons (such public officers are the policemen and other agents of the law, the judges or mayors). If the detention is perpetrated by other public officers, the crime committed may be illegal detention

Detention – a person is placed in confinement or there is a restraint on his person

Legal grounds for detention: (a) the commission of a crime, and (b) violent insanity or other ailment requiring the compulsory confinement of the patient in a hospital

Arrest without warrant is arbitrary detentionExceptions:

when, in his presence, the person to be arrested has commit-ted, is committing, or is attempting to commit an offense

when an offense has in fact 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

when the person to be arrested is a prisoner who has es-caped from a penal establishment or place where he is serv-ing final judgment or temporarily confined while his case is pending

125 Delay in the delivery of detained persons to the proper judicial authorities

1. That the offender is a public officer or em-ployee

2. That he has detained a person for some legal ground

3. That he fails to deliver such person to the proper judicial authorities within:

a. 12 hours, for crimes or offenses punishable by light penalties, or their equivalent

b. 18 hours for crimes or offenses pun-ishable by correctional penalties, or their equivalent

c. 36 hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent

Reason: prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail

If the person is a private person the crime is illegal detention

Art. 125 applies only when the arrest is made without warrant of arrest. But the arrest must be lawful

If the arrest is made with a warrant of arrest, the person arrested can be detained indefinitely until his case is decided

The person arrested may ask for a preliminary investigation in accordance with this Rule, but he must sign a waiver of the provisions of 125 in the presence of his counsel.

He may also apply for bail and the investigation must be ter-minated within 15 days from its inception

Rights of the person detained:1. He shall be informed of the cause of his detention2. He shall be allowed, upon his request, to communicate and

confer at anytime with his attorney or counsel.

126 Delaying release

1. That the offender is a public officer or em-ployee

2. That there is a judicial or executive order for the release of a prisoner or detention pris-oner, or that there is a proceeding upon a pe-tition for the liberation of such person

3. That the offender without good reason de-lays:

a. The service of the notice of such or-der to the prisoner, or

b. The performance of such judicial or executive order for the release of the prisoner, or

c. The proceedings upon a petition for the release of such person

Punishable acts:1. By delaying the performance of a judicial or executive order

for the release of a prisoner2. By unduly delaying the service of the notice of such order to

said prisoner3. By unduly delaying the proceedings upon any petitioner for

the liberation of such person

The public officers who are most likely to commit the offense penalized in Art 126 are the wardens and peace officers temporarily in charge of the custody of prisoners or detained persons

127 Expulsion 1. That the offender is a public officer or em-ployee

2. That he expels any person from the Philip-pines, or compels a person to change his res-idence

3. That the offender is not authorized to do so by law

Acts punished:1. By expelling a person from the Philippines2. By compelling a person to change his residence

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE: VIOLATION OF DOMICILE128 Violation of

Domicile1. Offender is a public officer or employee2. He is not authorized by judicial order to en-

ter the dwelling or to make a search therein for papers or other effect

Acts punished:1. Entering any dwelling against the will of the owner thereof2. Searching papers or other effects found therein without the

previous consent of such owner3. Refusing to leave the premises, after having surreptitiously

entered said dwelling, and after having been required to leave the same

A peace officer without search warrant cannot lawfully enter the dwelling against the will of the owner, even if he knew that some one in the dwelling is having unlawful possession of opium

Must be found in the dwelling129 Search

warrants maliciously

Procuring a search warrant without just cause1. Offender is a public officer or employee2. He procures a search warrant

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

obtained, and abuse in the service of those legally obtained

3. There is no just causeExceeding authority or using unnecessary severity in executing a search warrant legally procured

1. Offender is a public officer or employee2. He has legally procured a search warrant3. He exceeds his authority or uses unnecessary

severity in executing the same

and bring it before the court.

Requisites for issuing search warrant:1. There is a probable cause in connection with one specific

offense to be determined by the judge after examination un-der oath or affirmation of the complainant and the witnesses

2. Particularly describing the place to be searched and the things to be seized which may be anywhere in the Philip-pines

The officer may break open any outer or inner door or window if he is refused admittance to the place

Search warrant shall be valid for 10 days from its date

Probable cause: such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the object sought in connection with the offense are in the place sought to be searched

The true test of lack of just cause is whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for damages.

130 Searching domicile without witnesses

1. Offender is a public officer or employee2. He is armed with a search warrant legally

procured3. He searches the domicile, papers or other be-

longings of any person4. The owner, or any member of his family, or

2 witnesses residing in the same locality are not present

Does not apply to searches of vehicles or other means of transportation because the searches are not made in the dwelling

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE: PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS131 Prohibition

and dissolution of peaceful meetings

1. Offender is a public officer or employee2. He performs any of the following acts:

a. Prohibiting or interrupting, without legal ground the holding of a peace-ful meeting, or by dissolving the

A private individual cannot commit this crime (the crime will be disturbance of public order)

Right to peaceful meeting is not absolute

sameb. Hindering any person from joining

any lawful association or from its meetings

c. Prohibiting or hindering any person from addressing, either alone or to-gether with others, any petition to the authorities for the correction of abuses or redress of grievances

The right to peaceably assemble is not absolute and may be regulated

The offender must be a stranger and not a participant

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE: CRIMES AGAINST RELIGIOUS WORSHIP132 Interruption of

religious worship

1. Offender is a public officer or employee2. Religious ceremonies or manifestations of

any religion are about to take place or are going on

3. Offender prevents or disturbs the same

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

133 Offending the religious feelings

1. Acts complained of were performed in a place devoted to religious worship, or during the celebration of any religious ceremony

2. The acts must be notoriously offensive to the feelings of the faithful

Religious ceremonies: religious acts performed outside of a church, such as processions and special prayers for burying dead persons

CRIMES AGAINST PUBLIC ORDER: REBELLION, COUP D’ETAT, SEDITION, AND DISLOYALTY134 Rebellion or

insurrection1. There is a public uprising and taking arms

against the Government2. The purpose of the uprising or movement is:

a. To remove from the allegiance to said Government or its laws, the ter-ritory of the Republic of the Philip-pines or any part thereof, or any body of land, naval or other armed forces

b. To deprive the Chief Executive or the Legislature, wholly or partially, of any of their powers or preroga-tives

Rebellion: the object of the movement is completely to overthrow and supersede the existing government

Insurrection: 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

Rebellion TreasonLevying of war against the government during peace time

Levying war against the Government when performed to aid the enemy

Involves taking up arms against the government

Committed by mere adherence to the enemy giving him aid or comfort

Rebellion SubversionElement of subversion

Crime against public order Crime against national security134-A

Coup d’etat 1. Offender is a person or persons belonging to the military or police or holding any public office or employment

2. It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth

3. The attack is directed against the duly con-stituted authorities of the Republic of the Philippines, or any military camp or installa-tion, communication networks, public utili-ties or other facilities needed for the exercise and continued possession of power

May be committed with or without civil participation

135 Penalty for rebellion, insurrection or coup d’etat

Who are liable:1. Leaders

a. Any person who promotes, maintains, or heads a rebellion or insurrection

b. Any person who leads, directs, or commands others to undertake a coup d’etat

2. Participantsa. Any person who participates, or executes the com-

mands of others in rebellionb. Any person in the government service who partici-

pates, or executes directions or commands of others in undertaking a coup d’etat

c. Any person not in the government service who par-ticipates, supports, finances, abets, or aids in under-taking a coup d’etat

Public officer must take active part to be liable; mere silence or omission not punishable in rebellion

136 Conspiracy and proposal to commit coup d’etat, rebellion or insurrection

Conspiracy to commit coup d’etat, rebellion or insurrection

1. 2 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

2. They decide to commit itProposal to commit coup d’etat, rebellion or

No conspiracy when there is no agreement and no decision to commit rebellion

insurrection1. A person has decided to swiftly attack or to

rise publicly and take arms against the Gov-ernment for any of the purposes of rebellion or insurrection

2. Such person proposes its execution to some other person or person

137 Disloyalty of public officers or employees

1. Offender is a public officer or employee2. 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

c. Accepting appointment to office un-der them

The crime of disloyalty of public officers presupposes the existence of rebellion by other persons

Offender must be in conspiracy with the rebels

138 Inciting to rebellion or insurrection

1. Offender does not take arms or is not in open hostility against the Government

2. He incites others to the execution of any of the acts of rebellion specified in Art 134

3. The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end

Inciting to rebellion Proposal to commit rebellionThe offender induces another to commit rebellion

The offender induces another to commit rebellion

It is not required that the offender has decided to commit rebellion

Person who proposes has decided to commit rebellion

The act of inciting is done publicly

Person who proposes the execution of the crime uses secret means

Rebellion should not be committed139 Sedition 1. Offender rise publicly and tumultuously

2. Offender employ force, intimidation, or by other means outside of legal methods

3. Purpose is to attain any of the following ob-jects:

a. To prevent the promulgation or exe-cution of any law or the holding of any popular election

b. To prevent the National Govern-ment, or any provincial or municipal government, or any public officer

Nature: raising of commotions or disturbance in the state

Rebellion SeditionThere must be a public uprising There must be a public uprisingTaking up arms against the government

It is sufficient that the public uprising is tumultuous

Purpose is always political Purpose may be political

Treason SeditionViolation by a subject of his allegiance to his sovereign

Raising of commotions or disturbances in the State

thereof from freely exercising its or his functions, or prevent the execu-tion 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 so-cial end, any act of hate or revenge against private persons or any social class

e. To deposit for any political or social end, any person, municipality or province, or National Government of all its property or any part thereof

140 Penalty for sedition

Persons liable:1. The leader of the sedition2. Other persons participating in the sedition

141 Conspiracy to commit sedition

1. 2 or more persons come to an agreement and a decision to rice publicly and tumultuously to attain any of the objects of sedition

2. They decide to commit it

Punishes only conspiracy to commit sedition

142 Inciting to sedition

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 constitutes sedition

3. Inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations

Acts punished:1. Inciting others to the accomplishment of any of the acts

which constitute sedition, by means of speeches, proclama-tions, writings, emblems, cartoons, banners, or other repre-sentations tending to the same end

2. Uttering seditious words or speeches which tend to disturb the public peace

3. Writing, publishing, or circulating scurrilous libels against the Government, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful offi-cer in executing the functions of his office, or which tend to instigate others to cabal and meet together for lawful pur-poses, or which suggest or incite rebellious conspiracies or riots, or which lead to tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall know-ingly conceal such evil practices

2 rules relative to seditious words:1. The clear and present danger rule2. The dangerous tendency rule

Reason: the legislative has the authority to forbid the advocacy of a doctrine designed and intended to overthrow the government without waiting until there is a present and immediate danger of the success of the plan advocated.

CRIMES AGAINST PUBLIC ORDER: CRIME AGAINST POPULAR REPRESENTATION (Crimes against legislative bodies and similar bodies)143 Acts tending to

prevent the meeting of the assembly and similar bodies

1. There is a projected or actual meeting of Congress or any of its committees or sub-committees, constitutional committees or di-visions thereof, or of any provincial board or city or municipal council or board

2. Offender, who may be any person, prevents such meeting by force or fraud

144 Disturbance of proceedings

1. There is a meeting of Congress of the Philip-pines or of any of its committees or subcom-mittees, constitutional commissions or com-mittees or divisions thereof, or of any pro-vincial board or city or municipal council or board

2. Offender does any of the following actsa. He disturbs such meetingsb. He behaves while in the presence of

such bodies in such manner as to in-terrupt its proceedings or to impair the respect due it.

It must be a meeting of a legislative body or of provincial board or city or municipal council or board which is disturbed

Can also be punished for contempt by the Assembly

CRIMES AGAINST PUBLIC ORDER: CRIME AGAINST POPULAR REPRESENTATION (Violation of parliamentary immunity)145 Violation of

parliamentary immunity

Using force, intimidation, threats, or fraud to prevent any members of Congress from attending the meetings of Congress, or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof from expressing his opinions or casting his vote

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 any of its

committeesb. Expressing his opinionc. Casting his vote

Arresting or searching any member of Congress while it is in regular or special session, except in case such member has committed a crime punishable under the RPC by a penalty higher than prision mayor

1. Offender is a public officer or employee2. He arrests or searches any member of Con-

gress3. Congress, at the time of his arrest or search,

is in regular or special session4. The member arrested or searched has not

committed a crime punishable under the Code by a penalty higher than prision mayor

CRIMES AGAINST PUBLIC ORDER: ILLEGAL ASSEMBLIES AND ASSOCIATIONS146 Illegal

assembliesAny meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code

1. There is a meeting, a gathering or group of persons, whether in fixed place or moving

2. The meeting is attended by armed persons3. The purpose of the meeting is to commit any

of the crimes punishable under the RPCAny meeting in which the audience, whether armed or not is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents

1. There is a meeting, a gathering or group of persons, whether in fixed place or moving

2. The audience, whether armed or not, is in-cited to the commission of the crime of trea-son, rebellion or insurrection, sedition, or di-rect assault.

Persons liable:1. The organizers or leaders of the meeting2. Persons merely present at the meeting

Responsibility of persons merely present at the meeting:1. If they are not armed, the penalty is arresto mayor2. If they carry arms, like bolos or knives, or licensed firearms,

the penalty is prision correctionalIf any person present at the meeting carries an unlicensed firearm:

1. it is presumed that the purpose of the meeting insofar as he is concerned, is to commit acts punishable under the Code

2. He is considered a leader or organizer of the meeting

147 Illegal 1. Associations totally or partially organized

associations for the purpose of committing any of the crimes punishable under the RPC

2. Associations totally or partially organized for some purpose contrary to public morals

Illegal associations Illegal assemblyIt is not necessary that there be an actual meeting

There is an actual meeting of armed persons for the purpose of committing any of the crimes punished under the RPC

The act of forming or organizing and membership in the association that are punished

The meeting and attendance at such meeting that are punished

Persons liable:1. Founder, directors and

president of the associ-ation

2. Mere members of the association

Persons liable:1. The organizers or lead-

ers of the meeting3. Persons merely present

at the meeting

CRIMES AGAINST PUBLIC ORDER: ASSUALTH UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS148 Direct assault Without a public uprising, by employing force or

intimidation for the attainment of any of the purpose enumerated in defining the crimes of rebellion and sedition

1. Offender employs force or intimidation2. 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 uprisingWithout a public uprising, by attacking, by employing force, or by seriously intimidating or resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance

1. Offender makes an attack, employs force, makes a serious intimidation, or makes a se-rious resistance

2. The person assaulted is a person in authority or his agent

3. At the time of the assault, the person in au-thority or his agent is engaged in the actual

Additional penalty for attacking ambassadors or ministers

Direct assaults Ordinary assaultsCrimes against public order Crimes against persons

2 kinds of direct assault:1. Simple assault2. Qualified assault

a. When the assault is committed with a weaponb. When the offender is a public officer or employeec. When the offender lays hands upon a person in au-

thority

The crime of slight physical injuries is absorbed in direct assault

performance of official duties, or that he is assaulted by reason of the past performance of official duties

4. Offender knows that the one he is assaulting is a person in authority or his agent in the ex-ercise of his duties

5. There is no public uprising149 Indirect assault 1. A person in authority or his agent is the vic-

tim of any of the forms of direct assault de-fined in 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

Can be committed only when a direct assault is also committed

150 Disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees or division

Acts punished:1. by refusing without legal excuse, to obey summons of Con-

gress, its special or standing committees and subcommit-tees, the Constitutional Commissions and it committees, subcommittees or divisions, or by any commission or com-mittee chairman or member authorized to summon wit-nesses

2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or offi-cial

3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their func-tions

4. By restraining another from attending as a witness in such legislative or constitutional body

5. By inducing disobedience to a summons or refusal to be sworn by any such body or official

151 Resistance and disobedience to a person in authority or the agent of such person

Resistance and serious disobedience: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

The juridical conception of the crime of resistance and disobedience to a person in authority or his agents consists in a failure to comply with orders directly issued by the authorities in the exercise of their official duties

The order must be lawful

3. The act of the offender is not included in the provisions of art. 148, 149 and 150.

Simple disobedience:1. An agent of a person in authority is engaged

in the performance of official duty or gives a lawful order to the offender

2. Offender disobeys such agent of a person in authority

3. Such disobedience is not of a serious nature152 Persons in

authority and agents of persons in authority

A person in authority is one directly vested with jurisdiction, that is, the power and authority to govern and execute the laws

An agent of a person in authority is one charged with (1) the maintenance of public order and (2) the protection and security of life and property

Examples of persons in authority:1. Municipal mayor2. Division superintendent of schools3. Public and private school teachers4. Teacher-nurse5. President of sanitary division6. Provincial fiscal7. Justice of the Peace8. Municipal councilor9. Barrio captain and barangay chairman

Examples of agents of person in authority:1. Policeman2. Municipal treasurer3. Postmaster4. Rural policeman5. Sheriff6. Agents of the bureau of internal revenue7. Malacanang confidential agent

CRIMES AGAINST PUBLIC ORDER: PUBLIC DISORDER153 Tumults and

other disturbance of public order

Tumults – the disturbance or interruption shall be deemed to be tumultuous of caused by more than 3 persons who are armed or provided with means of violence

Tumults Acts punished:1. Causing any serious disturbance in a public place, office or

establishment2. Interruption or disturbing performances, functions or gather-

ings, or peaceful meetings, if the act is not included in arti-cles 131 and 132

3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place

4. Displaying placards or emblems which provoke a distur-bance of public order in such place

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

Serious disturbance must be planned or intended

Has reference to art 131 and 132 (disturbing or interrupting a meeting or religious ceremony is not committed by a public officer)

Outcry – shout subversive or provocative tending to stir up the people to obtain by means of force or violence

If the outcry is more or less unconscious outburst which, al-though rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, it is only public disorder

154 Unlawful use of means of publication and unlawful utterances

1. The offender must know the news is false2. Which may endanger the public order

Acts punished:1. Publishing or causing to be published, by means of printing,

lithography or any other means of publication, as news, any false news which may endanger the public order, or cause damage to the interest or credit of the state

2. Encouraging disobedience to the law or to the constituted authorities or praising, justifying or extolling any act pun-ished by law, by the same means or by words, utterances or speeches

3. Maliciously publishing or causing to be published any offi-cial resolution or document without proper authority, or be-fore they have been published officially

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 anony-

mous

It is not necessary that the publication of the false news actually caused public disorder or caused damage to the interest or credit of the State

155 Alarms and scandals

Acts punished:1. Discharge any firearm, rocket, firecracker, or other explo-

sive within any town or public place, calculated to cause (which produces) alarm of danger

2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility

3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements

4. Causing any disturbance or scandal in public places while intoxicated or otherwise provided, provided article 153 is not applicable

The discharge of the firearm should not be aimed at a person

Charivari – includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin, horns designed to annoy or insult

If the disturbance is of serious in nature, this article will not apply, art 153 will apply

156 Delivering prisoners from jail

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

Prisoner may be under detention only The article applies even if the prisoner is in the hospital or

asylum (because it is an extension of the penal institu-tion)

Offender is usually an outsider who removes from jail any person confined or helps the prisoner escape

Aggravating circumstances:1. Violence2. Intimidation3. Bribery

If the escape of the prisoner takes place outside of said establishments by taking the guards by surprise, the penalty is the minimum period

CRIMES AGAINST PUBLIC ORDER: EVASION OF SERVICE OF SENTENCE157 Evasion of

service of sentence

1. Offender is a convict by final judgment2. He is serving sentence which consists in the

deprivation of liberty3. He evades service of his sentence by escap-

ing during the term of his sentence

The sentence must be “by reason of final judgment”

Detention prisoners and minor delinquents who escape from confinement are not liable for evasion of service of sentence

Not applicable to sentence executed by deportation

Escape – flee from; to avoid; to get out of the way, as to flee to avoid arrest

It is also applicable to sentence of destierro

Circumstances qualifying the offense:1. By means of unlawful entry (this should be “by scaling”)2. By breaking doors, windows, gates, walls, roofs or floors3. By using picklocks, false keys, disguise, deceit, violence or

intimidation4. Through connivance with other convicts or employees of

the penal institution158 Evasion of

service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities

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

2. There is disorder resulting from:a. Conflagrationb. Earthquakec. Explosiond. Similar catastrophee. Mutiny in which he has not partici-

pated3. He evades the service of his sentence, by

leaving the penal institution where he shall have been 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 an-

Only a convict of a final judgment can evade the service of his sentence

The offender must leave the penal institution

The failure to give himself up to authorities after 48 hours is being punished, not the leaving of the penal institution

If the offender fails to give himself up, he gets an increased penalty (1/5 of the time remaining). If the offender gives himself up, he is entitled to a deduction of 1/5 of his sentence

Mutiny – organized unlawful resistance to a superior officer

nouncing the passing away of such calamity159 Other cases of

evasion of service of sentence

1. Offender was a convict2. He was granted pardon by the Chief Execu-

tive3. He violated any of the conditions of such

pardon

A conditional pardon is a contract between the Chief Executive, who grants pardon, and the convict, who accepts it.

The convict is bound to fulfill its conditions and accept its consequences

The court cannot require the convict to serve the unexpired portion of his original sentence if it does not exceed 6 years

The violation of conditional pardon is committed in the place where the subsequent offense is perpetrated, because by committing the subsequent offense, he thereby violates the condition that “he shall not again be found guilty of any crime punishable by the law of the Philippines”

Offender must be found guilty of subsequent offense before he can be prosecuted

Violation of Conditional Pardon

Evasion of Service of Sentence

It is not a public offense for it does not cause harm or injury to the right of another person nor does it disturb public order

It is public offense separate and independent from any other act

CRIMES AGAINST PUBLIC ORDER: COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE160 Commission of

another crime during service of penalty imposed for another previous offense

1. Offender was already convicted by final judgment of one offense

2. He committed a new felony before begin-ning to serve such sentence or while serving the same

Quasi-recidivism – Special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same

The second crime must be a felony, but the first crime for which the offender is serving sentence need not be a felony

Quasi-recidivism ReiterationAccused is serving out his sentence

Requires that the offender against whom it is considered shall have served out his

sentences for the prior offenses

Cannot be offset by ordinary mitigating circumstancesCRIMES AGAINST PUBLIC INTEREST: FORGERIES (FORGING THE SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE161 Counterfeiting

the great seal of the government of the Philippine Island, forgoing the signature or stamp of the Chief Executive

Acts punished:1. Forging the Great Seal of the Government of the Philippines2. Forging the signature of the President3. Forging the stamp of the President

The Great Seal shall be and remain in the custody of the President

When the signature of the president is forged, the offense is not falsification

162 Using forged signature or counterfeit seal or stamp

1. The great Seal of the Republic was counter-feited or the signature or stamp of the Chief Executive was forged by another person

2. Offender knew of the counterfeiting or forgery

3. He used the counterfeit seal or forged signa-ture or stamp

4. Offender should not be forger

The offender should not be the one who forged the great seal

CRIMES AGAINST PUBLIC INTEREST: FORGERIES (COUNTERFEITING COINS)163 Making and

importing and uttering false coin

1. There be false or counterfeited coins2. Offender either made, imported or uttered

such coins3. In case of uttering such false or counterfeited

coins, he connived with the counterfeiters or importers

Kinds of coins the counterfeiting of which is punished:1. Silver coins of the Philippines or coins of the Central Bank

of the Philippines2. Coins of the minor coinage of the Philippines or of the Cen-

tral Bank of the Philippines3. Coin of the currency of a foreign country

Coin – piece of metal stamped with certain marks and made current at a certain value

False or counterfeited if it is forged or if it is not authorized by the Government as legal tender

Counterfeiting – imitation of a legal or genuine coin

Minor coins – coins bellow ten-centavos denomination164 Mutilation of

coinsActs punished:

1. Mutilating coins of the legal currency, with the further re-quirement that there be intent to damage or to defraud an-other

2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutila-tor or importer in case of uttering

Mutilation – take off part of the metal either by filing it or substituting it for another metal of inferior quality

Coin of foreign country is not included165 Selling of false

or mutilated coin, without connivance

Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated

1. Possession2. With intent to the utter3. Knowledge

Actually uttering such false or mutilated coin, knowing the same to be false or mutilated

1. Actually uttering2. Knowledge

Possession of or uttering false coin does not require that the counterfeited coin is legal tender

But if the coin being uttered or possessed with intent to utter is a mutilated coin, it must be legal tender coin

CRIMES AGAINST PUBLIC INTEREST: FORGERIES (FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND SECURITIES; IMPORTING AND UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES)166 Forging

treasury or bank notes or other documents payable to bearer; importing and uttering such false or forged notes and documents

Acts punished:1. Forging or falsification of treasury or bank notes or other

documents payable to bearer2. Importation of such false or forged obligations or notes3. Uttering of such false or forged obligations or notes in con-

nivance with the forgers or importers

Forging – committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document

Falsification – erasing, substituting, counterfeiting or altering by any means, the figures, letters, words, or signs contained therein

Obligation or Security: bonds, certificates of indebtedness, national bank notes, coupons, treasury notes, fractional notes, certificates of deposits, bills, checks, drafts for money, and other representatives of value issued under any Act of Congress

167 Counterfeiting, importing, and uttering instruments not payable to bearer

1. There is an instrument payable to order or other document of credit not payable to bearer

2. Offender either forged, imported or uttered such instrument

3. In case of uttering, he connived with the forger or importer

Must involve an instrument payable to order or other document of credit not payable to bearer

Forgery of currency is punishable so as to maintain the integrity of the currency and thus insure the credit standing of the government and prevent the imposition on the public and the government of worthless notes or obligations

168 Illegal possession and use of false treasury or bank notes and other instruments of credit

1. Any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another per-son

2. Offender knows that any of those instru-ments is forged or falsified

3. He eithera. Uses any of such forged or falsified

instrumentsb. Possesses with intent to use any of

such forged or falsified instruments

Possession of false treasury or bank note alone is not a criminal offense. There must be an intent to use.

169 How forgery is committed

1. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document

2. By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein

Forgery includes falsification and counterfeiting

Defacement, mutilation, tearing, burning or destroying of Central Bank notes and coins are penalized

CRIMES AGAINST PUBLIC INTEREST: FORGERIES (FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL, AND PRIVATE DOCUMENTS, AND WIRELESS, TELEGRAPH, AND TELEPHONE MESSAGES)170 Falsification of

legislative documents

1. There is a bill, resolution or ordinance en-acted or approved or pending approval by ei-ther House of the Legislature or any provin-cial board of municipal council

2. Offender alters the same3. He has no proper authority therefore

The bill, resolution or ordinance must be genuine

The offender is any person

The act of falsification in legislative document is limited to altering it which changes its meaning

4. The alteration has changed the meaning of the document

171 Falsification by public officer, employee or notary or ecclesiastical minister

1. Offender is a public officer, employee, or no-tary public

2. He takes advantage of his official position3. He falsifies a document by committing any

of the following:a. Counterfeiting or imitating and

handwriting, signature or rubricb. Causing it to appear that persons

have participated in any act or pro-ceeding when they did not in fact so participated

c. Attributing to persons who have participated in any act or proceeding statements other than those in fact made by them

d. Making untruthful statements in a narration of facts

e. Altering true datesf. Making any alteration or intercala-

tion in a genuine document which change its meaning

g. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or different from, that of the genuine original

h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book

4. In any case the offender is an ecclesiastical minister who shall commit any of the of-fenses enumerated, with respect to any record or document of such character that its falsification may affect the civil status of persons

The offender takes advantage of his official position:1. He has the duty to make or to prepare or otherwise to inter-

vene in the preparation of the document2. He has the official custody of the document which he falsi-

fiesDocument – any written statement by which a right is established or an obligation extinguished

Does not distinguish whether the document is public or pri-vate

The law requires that there be a genuine document where the intercalation or alteration is made

2 ways in committing falsification:1. Counterfeiting, which is simulating a signature, handwriting

or rubric2. Feigning, which is simulating a signature, handwriting or

rubric out of one which does not exist

Mere drawing up of a false document is not sufficient to constitute the crime of falsification

Requisites of counterfeiting (a):1. That there be an intent to imitate or an attempt to imitate2. That the two signatures or handwritings, the genuine and the

forged, bear some resemblance to each other

Requisites to (b):1. That the offender caused it to appear in a document that a

person or persons participated in an act or a proceeding2. That such person or persons did not in fact so participated in

the act or proceeding When committed by a private individual, this article can ap-

ply

Requisites to (c):1. That a person or persons participated in an act or proceeding

2. That such person or persons made statements in the act or proceeding

3. That the offender, in making a document, attributed to such person or persons statements other than those in fact made by such persons or persons

Requisites to (d):1. That the offender makes in a document statements in a nar-

ration of facts2. That he has a legal obligation to disclose the truth of the

facts narrated by him3. That the facts narrated by the offender are absolutely false4. That the perversion of truth in the narration of facts was

made with the wrongful intent of injuring a 3rd person There must be a narration of facts, not of confusion of law The person making the narration of facts must be aware of

the falsity of the facts narrated by him The perversion of truth must be made with the wrongful in-

tent of injuring a 3rd person There is no falsification by one who acted in good faith

Requisites to (f):1. That there be an alteration (change) or intercalation (inser-

tion) on a document2. That it was made on a genuine document3. That the alteration or intercalation has changed the meaning

of the document4. That the change made the document speak something false

Requisites to (g):1. Cannot be committed by a private individual or by a notary

public or a public officer who does not take advantage of his official position

2. Intent to gain or prejudice is not necessary172 Falsification

by private individual and use of falsified documents

Falsification of public, official or commercial document by a private individual

1. Offender is a private individual or public of-ficer or employee who did not take advan-tage of his official position

Par 1Art 172 does not punish falsification by public officer, employee or notary public who takes advantage of his official position

Art 171 par (g) cannot be committed in 172

2. He committed any act of falsification3. The falsification was committed in a public

official, or commercial document or letter of exchange

Falsification of private document by any person1. Offender committed any of the acts of falsi-

fication except article 171 (7), that is, issuing in an authenticated from a document pur-porting to be a copy of an original document when no such original exists, or including in such a copy a statement contrary to, or dif-ferent from, that of the genuine original

2. Falsification was committed in any private document

3. Falsification cases damage to a 3rd party or at least the falsification was committed with in-tent to cause such damage

Use of falsified document(In introducing in a judicial proceeding)

1. Offender knew that the document was falsi-fied by another person

2. The false document is embraced in articles 171 and 172

3. He introduced said document in evidence in any judicial proceeding

(In use in any other transaction)1. Offender knew that a document was falsified

by another person2. The false document is embraced in articles

171 or 1723. He used such document (not in judicial pro-

ceedings)4. The use caused damage to another or at least

used with intent to cause damage

4 Kinds of Document:1. Public Document – a document created, executed or issued

by a public official in response to the exigencies of the pub-lic service, or in the execution of which a public official in-tervened

2. Official Document – a document which is issued by a public official in the exercise of the functions of his office. It is also a public document

3. Private Document – a deed or instrument executed by a pri-vate person without the intervention of a notary public or other person legally authorized, by which document some disposition or agreement is proved, evidenced or set forth

4. Commercial Document – any document defined and regu-lated by the Code of Commerce

The possessor of a falsified document is presumed to be the author of the falsification

Intent to cause damage is not necessary

Lack of malice or criminal intent is a defense in 172 par 1

Par 2Mere falsification of private documents is not enough

“with the intent to cause such damage” – the offender performs some other independent act in order to make use of it

Damage need not be material

There is no complex crime of estafa through falsification of a private document

If the estafa was already consummated at the time of the fal-sification of the private document, or if the falsification of a private document was committed for the purpose of con-cealing the estafa, the falsification is not punishable, be-cause as regards the falsification of the private document, there was no damage or intent to cause damage

There is no falsification through reckless imprudence if the document is private and no actual damage is caused

There is no attempted or frustrated stage; Falsification is consummated the moment the genuine document is altered of the moment the false document is executed

Par 3Damage is not necessary in the crime of introducing in judicial proceeding a false document

Use of falsified document in proceeding not judicial, requires at least intent to cause damage

173 Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages

Uttering fictitious wireless, telegraph, or telephone message and/or falsifying wireless, telegraph or telephone messages

1. Offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable, or telephone message

2. He commits any of the following acts:a. Utters fictitious wireless, cable, tele-

graph, or telephone messagesb. Falsifies wireless, cable, telegraph

or telephone messageUsing such falsified messages

1. Offender knew that wireless, cable, tele-graph, or telephone message was falsified by an officer or employee of the government or an officer or employee of a private corpora-tion, engaged in the service of sending or re-ceiving wireless, cable, or telephone mes-sage

2. He used such falsified dispatch3. The use resulted in the prejudice of a 3rd

party or at least there was intent to cause such prejudice

Par 1The public officer, to be liable, must be engaged in the service of sending or receiving wireless, cable, telegraph or telephone message

Par 2Private individuals cannot be a principal by direct participation in falsification of telegraphic dispatches

CRIMES AGAINST PUBLIC INTEREST: FORGERIES (FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE, AND THE LIKE)174 False medical

certificates, false certificates of merits or service, etc

Persons liable:1. Physician or surgeon who, in connection with the practice of

his profession, issues a false certificate (it must refer to the illness or injury of a person)

2. Public officer who issues a false certificate of merit of ser-vice, good conduct or similar circumstance (the crime is false certificate of merit or service by a public officer)

3. Private person who falsifies a certificate falling within the classes mentioned in the 2 preceding subdivisions (crime is false medical certificate or false certificate of merit or ser-vice by a private individuall)

Certificate – any writing by which testimony is given that a fact has or has not taken place

Certification of large cattle is a public document and its falsification is covered by Art 171 or 172 depending on whether the offender is a public officer or a private individual

175 Using false certificate

1. The following issues a false certificate:a. Physician or surgeon, in connection

with the practice of his profession, issues a false medical certificate

b. Public officer issues a false certifi-cate of merit of service, good con-duct or similar circumstances

c. Private person falsifies a certificate falling within the classes mentioned in the 2 preceding subdivisions

2. Offender knows that the certificate was false3. He uses the same

When any of the dalse certificates mentioned in Art 174 is used in the judicial proceeding, Art 172 does not apply, because the use of false document in judicial proceeding under 172 is limited to those false documents embraced in 171 and 172

CRIMES AGAINST PUBLIC INTEREST: FORGERIES (MANUFACTURING, IMPORTING, AND POSSESSION OF INSTRUMENTS OF IMPLEMENTS INTENDED FOR THE COMMISSION OF FALSIFICATION)176 Manufacturing

and possession of instruments or implements for

Acts punished:1. Making or introducing into the Philippines any stamps, dies,

marks, or other instruments for counterfeiting or falsifica-tion

2. Possession with intent to use the instruments or implements

falsification for counterfeiting or falsification made in or introduced into the Philippines by another person

The possession prohibited in Art 165 and 176 of the RPC is possession in general, that is, not only actual, physical possession, but also constructive possession or the subjection of the thing to one’s control

CRIMES AGAINST PUBLIC INTEREST: OTHER FALSIFICATION (USURPATION OF AUTHORITY, RANK, TITLE AND IMPROPER USE OF NAMES, UNIFORMS, AND INSIGNIA)177 Usurpation of

authority or official functions

Usurpation of authority1. Offender knowingly and falsely represents

himself as an officer agent or representative of any department or agency of the Philip-pine Government or of any foreign govern-ment

Usurpation of official functions1. Offender performs any act under pretense of

official position2. The act pertains to any person in authority or

public officer of the Philippine Government or any foreign government, or any agency thereof

3. He is not lawfully entitled to do so

The law demands positive, express and explicit representation on the part of the offender before he can be convicted of usurpation of authority

The offender should have represented himself to be an officer, agent or representative of any department or agency of the government; or should have performed an act pertaining to a person in authority or public officer

False representation may be shown by acts

May be violated by a public officer

A usurper is one who introduces himself into an office that is vacant, or who, without color of title, ousts the incumbent and assumes to act as an officer by exercising some of the functions of the office

Punishes usurpation of authority or official functions of any officer of any foreign government

178 Using fictitious name and concealing true name

Using fictitious name1. Offender uses a name other than his real

name2. He uses the fictitious name publicly3. Purpose is to conceal a crime, to evade the

execution of a judgment or to cause damageConcealing true name

1. Offender conceals his true name and other personal circumstances

2. Purpose is only to conceal his identity

Par 1Fictitious name – any other name which a person publicly applies to himself without authority of law

If the purpose is for causing damage, it must be damage to public interest

Par 2Fictitious name Concealing true nameThe element of publicity must Element of publicity is not

be present necessaryPurpose is to accomplish the crime enumerated

Purpose is merely concealment of identity

179 Illegal use of uniforms or insignia

1. Offender makes use of insignia, uniform, or dress

2. The insignia, uniform or dress pertains to an office not held by such person or to a class of person of which he is not a member

3. Said insignia, uniform or dress is used pub-licly and improperly

Wearing the uniform of an imaginary office is not punishable

An exact imitation of a uniform or dress is unnecessary

Using uniform, decoration or regalia of foreign state is punishable

CRIMES AGAINST PUBLIC INTEREST: OTHER FALSIFICATION (FALSE TESTIMONY)180 False

testimony against a defendant

1. There is a criminal proceeding2. Offender testifies falsely under oath against

the defendant therein3. Offender who gives false testimony knows

that it is false4. Defendant against whom the false testimony

is given is either acquitted or convicted in a final judgment

False testimony – committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it

Nature: Falsehood is ever reprehensible; but it is particularly odious when committed in judicial proceedings, as it constitutes an imposition upon the court and serious exposes it to a miscarriage of justice

The witness who gave false testimony is liable even if his testimony was not considered by the court

Since the law punishes the false witness even if the defen-dant in the principal case is acquitted, it would seem that the law intends to punish the mere giving of false testimony

181 False testimony favorable to the defendant

1. A person gives false testimony2. In favor of the defendant3. In a criminal case

Punishable not because of the effect it actually produces, but because of its tendency to favor or to prejudice the defendant

The false testimony in favor of defendant need not directly influence the decision of acquittal (it need not benefit the defendant)

Ratification made spontaneously after realizing the mistake is not false testimony

182 False testimony in civil cases

1. Testimony is given in a civil case2. Testimony relates to the issues presented in

said case

Testimony given in the civil case must be false

Does not apply when the false testimony is given in special

3. Testimony is false4. Offender knows that testimony is false5. Testimony is malicious and given with an in-

tent to affect the issues presented in said case

proceedings

183 False testimony in other cases and perjury in solemn affirmation

1. Offender makes a statement under oath or executes an affidavit upon a material matter

2. The statement of affidavit is made before a competent officer, authorized to receive and administer oaths

3. Offender makes a willful and deliberate as-sertion of a falsehood in the statement or af-fidavit

4. Sworn statement or affidavit containing the falsity is required by laws

2 ways of committing perjury:1. By falsely testifying under oath (should not be in a judicial

proceeding)2. By making a false affidavit

Oath – any form of attention by which a person signifies that he is bound by conscience to perform an act faithfully and truthfully

Affidavit – sworn statement in writing made upon oath before an authorized magistrate or office

Material matter – it is the main fact which is the subject of the inquiry or any circumstance which tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimately affects the credit of any witness who testifies

Material When it is directed to prove a fact in issueRelevant When it tends in any reasonable degree to

establish the probability or improbability of a fact in issue

Pertinent Concerns collateral matters which make more or less probable the proposition at issue

No perjury if sworn statement is not material to the principal matter under investigation

The assertion of falsehood must be willful and deliberate

Good faith or lack of malice is a defense in perjury

Subordination of perjury – committed by a person who knowingly and willfully procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty of perjury

184 Offering false 1. Offender offers in evidence a false witness Applies when the offender does not induce a witness to testify

testimony in evidence

or testimony2. He knows that the witness or the testimony

was false3. The offer is made in any judicial or official

proceeding

falsely

SPECIAL LAWS# Crime Elements Punishable Acts HighlightsPD 532 Anti-Piracy and Anti-

Highway Robbery1. A person knowingly aids or protects pi-

rates2. Acquires or receives property taken by

such pirates, or in any manner derives any benefit therefrom

3. Directly and indirectly abets the com-mission of the piracy

Piracy may be committed in the Philippine waters or in the high seas by any person (outsider, passenger, or member of the complement of the vessel)

Art 122 PD 532Limits the offenders to non-passengers

No qualification as to the criminal, hence it can be a crew

PD 6235 Anti-Hijacking Law 1. Aircraft must be of Philippine registry and it must be in flight

2. Usurping or seizing control of an air-craft of the Philip-pines

3. Usurping or seizing control of an air-craft of foreign reg-istry while within the Philippines

4. Carrying or loading on board an aircraft operating as a pub-lic utility passenger aircraft in the Philippines, any flammable, corro-sive, explosive, or poisonous sub-stance

5. Loading, shipping or transporting on

board a cargo air-craft operating as a public utility in the Philippines, any flammable, corro-sive, explosive, or poisonous sub-stance if this was done in accordance with the rules and regulations set and promulgated by the Air Transportation Office