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Persons liable for sedition under Article 140

1. The leader of the sedition; and

2. Other person participating in the sedition.

Article 141. Conspiracy to Commit Sedition

In this crime, there must be an agreement and a decision to rise publicly and tumultuously
to attain any of the objects of sedition.

There is no proposal to commit sedition.

Article 142. Inciting to Sedition

Acts punished

1. Inciting others to the accomplishment of any of the acts which constitute sedition
by means of speeches, proclamations, writings, emblems, etc.;

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

3. Writing, publishing, or circulating scurrilous libels against the government or any

of the duly constituted authorities thereof, which tend to disturb the public peace.

Elements

1. Offender does not take direct part in the crime of sedition;

2. He incites others to the accomplishment of any of the acts which constitute

sedition; and

3. Inciting is done by means of speeches, proclamations, writings, emblems,

cartoons, banners, or other representations tending towards the same end.

Only non-participant in sedition may be liable.

Considering that the objective of sedition is to express protest against the government and
in the process creating hate against public officers, any act that will generate hatred
against the government or a public officer concerned or a social class may amount to
Inciting to sedition. Article 142 is, therefore, quite broad.

The mere meeting for the purpose of discussing hatred against the government is inciting
to sedition. Lambasting government officials to discredit the government is Inciting to
sedition. But if the objective of such preparatory actions is the overthrow of the
government, the crime is inciting to rebellion.
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Article 143. Acts Tending to Prevent the Meeting of the Congress of the Philippines
and Similar Bodies

Elements

1. There is a projected or actual meeting of Congress or any of its committees or

subcommittees, constitutional committees or divisions thereof, or of any provincial
board or city or municipal council or board;

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

Article 144. Disturbance of Proceedings

Elements

1. There is a meeting of Congress or any of its committees or subcommittees,

constitutional commissions or committees or divisions thereof, or of any provincial
board or city or municipal council or board;

2. Offender does any of the following acts:

a. He disturbs any of such meetings;

b. He behaves while in the presence of any such bodies in such a manner as

to interrupt its proceedings or to impair the respect due it.

Article 145. Violation of Parliamentary Immunity

Acts punished

1. Using force, intimidation, threats, or frauds to prevent any member of Congress

from attending the meetings of Congress or of any of its committees or
subcommittees, constitutional commissions or committees or divisions thereof, or
from expressing his opinion or casting his vote;

Elements

1. Offender uses force, intimidation, threats or fraud;

2. The purpose of the offender is to prevent any member of Congress from –

a. attending the meetings of the Congress or of any of its committees

or constitutional commissions, etc.;

b. expressing his opinion; or

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c. casting his vote.

2. Arresting or searching any member thereof while Congress is in regular or special

session, except in case such member has committed a crime punishable under
the Code by a penalty higher than prision mayor.

Elements

1. Offender is a public officer of employee;

2. He arrests or searches any member of Congress;

3. Congress, at the time of arrest or search, is in regular or special session;

4. The member arrested or searched has not committed a crime punishable

under the Code by a penalty higher than prision mayor.

Under Section 11, Article VI of the Constitution, a public officer who arrests a member of
Congress who has committed a crime punishable by prision mayor (six years and one
day, to 12 years) is not liable Article 145.

According to Reyes, to be consistent with the Constitution, the phrase "by a penalty higher
than prision mayor" in Article 145 should be amended to read: "by the penalty of prision
mayor or higher."

Article 146. Illegal Assemblies

Acts punished

1. Any meeting attended by armed persons for the purpose of committing any of the
crimes punishable under the Code;

Elements

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

or moving;

2. The meeting is attended by armed persons;

3. The purpose of the meeting is to commit any of the crimes punishable

under the Code.

2. Any meeting in which the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or insurrection, sedition, or assault
upon person in authority or his agents.

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

place or moving;
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2. The audience, whether armed or not, is incited to the commission of the

crime of treason, rebellion or insurrection, sedition or direct assault.

Persons liable for illegal assembly

1. The organizer or leaders of the meeting;

2. Persons merely present at the meeting, who must have a common intent to commit
the felony of illegal assembly.

If any person present at the meeting carries an unlicensed firearm, it is presumed that the
purpose of the meeting insofar as he is concerned is to commit acts punishable under the
Revised Penal Code, and he is considered a leader or organizer of the meeting.

The gravamen of the offense is mere assembly of or gathering of people for illegal purpose
punishable by the Revised Penal Code. Without gathering, there is no illegal assembly.
If unlawful purpose is a crime under a special law, there is no illegal assembly. For
example, the gathering of drug pushers to facilitate drug trafficking is not illegal assembly
because the purpose is not violative of the Revised Penal Code but of The Dangerous
Drugs Act of 1972, as amended, which is a special law.

Two forms of illegal assembly

(1) No attendance of armed men, but persons in the meeting are incited to commit
treason, rebellion or insurrection, sedition or assault upon a person in authority.
When the illegal purpose of the gathering is to incite people to commit the crimes
mentioned above, the presence of armed men is unnecessary. The mere
gathering for the purpose is sufficient to bring about the crime already.

(2) Armed men attending the gathering – If the illegal purpose is other than those
mentioned above, the presence of armed men during the gathering brings about
the crime of illegal assembly.

Example: Persons conspiring to rob a bank were arrested. Some were with
firearms. Liable for illegal assembly, not for conspiracy, but for gathering with
armed men.

Distinction between illegal assembly and illegal association

In illegal assembly, the basis of liability is the gathering for an illegal purpose which
constitutes a crime under the Revised Penal Code.

In illegal association, the basis is the formation of or organization of an association to

engage in an unlawful purpose which is not limited to a violation of the Revised Penal
Code. It includes a violation of a special law or those against public morals. Meaning of
public morals: inimical to public welfare; it has nothing to do with decency., not acts of
obscenity.
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Article 147. Illegal Associations

Illegal associations

1. Associations totally or partially organized for the purpose of committing any of the
crimes punishable under the Code;

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

morals.

Persons liable

1. Founders, directors and president of the association;

2. Mere members of the association.

Distinction between illegal association and illegal assembly

1. In illegal association, it is not necessary that there be an actual meeting.

In illegal assembly, it is necessary that there is an actual meeting or assembly or

armed persons for the purpose of committing any of the crimes punishable under
the Code, or of individuals who, although not armed, are incited to the commission
of treason, rebellion, sedition, or assault upon a person in authority or his agent.

2. In illegal association, it is the act of forming or organizing and membership in the

association that are punished.

In illegal assembly, it is the meeting and attendance at such meeting that are
punished.

3. In illegal association, the persons liable are (1) the founders, directors and
president; and (2) the members.

In illegal assembly, the persons liable are (1) the organizers or leaders of the
meeting and (2) the persons present at meeting.

Article 148. Direct Assault

Acts punished

1. Without public uprising, by employing force or intimidation for the attainment of any
of the purposes enumerated in defining the crimes of rebellion and sedition;

Elements

1. Offender employs force or intimidation;

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2. The aim of the offender is to attain any of the purposes of the crime of
rebellion or any of the objects of the crime of sedition;

3. There is no public uprising.

2. Without public uprising, by attacking, by employing force or by seriously

intimidating or by seriously resisting any person in authority or any of his agents,
while engaged in the performance of official duties, or on occasion of such
performance.

Elements

1. Offender makes an attack, employs force, makes a serious intimidation, or

makes a serious resistance;

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

3. At the time of the assault, the person in authority or his agent is engaged
in the actual performance of official duties, or that he is assaulted by reason
of the past performance of official duties;

4. Offender knows that the one he is assaulting is a person in authority or his

agent in the exercise of his duties.

5. There is no public uprising.

The crime is not based on the material consequence of the unlawful act. The crime of
direct assault punishes the spirit of lawlessness and the contempt or hatred for the
authority or the rule of law.

To be specific, if a judge was killed while he was holding a session, the killing is not the
direct assault, but murder. There could be direct assault if the offender killed the judge
simply because the judge is so strict in the fulfillment of his duty. It is the spirit of hate
which is the essence of direct assault.

So, where the spirit is present, it is always complexed with the material consequence of
the unlawful act. If the unlawful act was murder or homicide committed under
circumstance of lawlessness or contempt of authority, the crime would be direct assault
with murder or homicide, as the case may be. In the example of the judge who was killed,
the crime is direct assault with murder or homicide.

The only time when it is not complexed is when material consequence is a light felony,
that is, slight physical injury. Direct assault absorbs the lighter felony; the crime of direct
assault can not be separated from the material result of the act. So, if an offender who is
charged with direct assault and in another court for the slight physical Injury which is part
of the act, acquittal or conviction in one is a bar to the prosecution in the other.

Example of the first form of direct assault:

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Three men broke into a National Food Authority warehouse and lamented sufferings of
the people. They called on people to help themselves to all the rice. They did not even
help themselves to a single grain.

The crime committed was direct assault. There was no robbery for there was no intent to
gain. The crime is direct assault by committing acts of sedition under Article 139 (5), that
is, spoiling of the property, for any political or social end, of any person municipality or
province or the national government of all or any its property, but there is no public
uprising.

Person in authority is any person directly vested with jurisdiction, whether as an individual
or as a member of some court or government corporation, board, or commission. A
barangay chairman is deemed a person in authority.

Agent of a person in authority is any person who by direct provision of law or by election
or by appointment by competent authority, is charged with the maintenance of public order
and the protection and security of life and property, such as a barangay councilman, barrio
policeman, barangay leader and any person who comes to the aid of a person in authority.

In applying the provisions of Articles 148 and 151, teachers, professors, and persons
charged with the supervision of public or duly recognized private schools, colleges and
universities and lawyers in the actual performance of their duties or on the occasion of
such performance, shall be deemed a person in authority.

In direct assault of the first form, the stature of the offended person is immaterial. The
crime is manifested by the spirit of lawlessness.

In the second form, you have to distinguish a situation where a person in authority or his
agent was attacked while performing official functions, from a situation when he is not
performing such functions. If attack was done during the exercise of official functions, the
crime is always direct assault. It is enough that the offender knew that the person in
authority was performing an official function whatever may be the reason for the attack,
although what may have happened was a purely private affair.

On the other hand, if the person in authority or the agent was killed when no longer
performing official functions, the crime may simply be the material consequence of he
unlawful act: murder or homicide. For the crime to be direct assault, the attack must be
by reason of his official function in the past. Motive becomes important in this respect.
Example, if a judge was killed while resisting the taking of his watch, there is no direct
assault.

In the second form of direct assault, it is also important that the offended party knew that
the person he is attacking is a person in authority or an agent of a person in authority,
performing his official functions. No knowledge, no lawlessness or contempt.
For example, if two persons were quarreling and a policeman in civilian clothes comes
and stops them, but one of the protagonists stabs the policeman, there would be no direct
assault unless the offender knew that he is a policeman.

In this respect it is enough that the offender should know that the offended party was
exercising some form of authority. It is not necessary that the offender knows what is
meant by person in authority or an agent of one because ignorantia legis non excusat.
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Article 149. Indirect Assault

Elements

1. A person in authority or his agent is the victim of any of the forms of direct assault
defined in Article 148;

2. A person comes to the aid of such authority or his agent;

3. Offender makes use of force or intimidation upon such person coming to the aid of
the authority or his agent.

The victim in indirect assault should be a private person who comes in aid of an agent of
a person in authority. The assault is upon a person who comes in aid of the person in
authority. The victim cannot be the person in authority or his agent.

There is no indirect assault when there is no direct assault.

Take note that under Article 152, as amended, when any person comes in aid of a person
in authority, said person at that moment is no longer a civilian – he is constituted as an
agent of the person in authority. If such person were the one attacked, the crime would
be direct assault.

Due to the amendment of Article 152, without the corresponding amendment in Article
150, the crime of indirect assault can only be committed when assault is upon a civilian
giving aid to an agent of the person in authority. He does not become another agent of
the person in authority.

Article 150. Disobedience to Summons Issued by Congress, Its Committees or

Subcommittees, by the Constitutional Commissions, Its Committees,
Subcommittees or Divisions

Acts punished

1. By refusing, without legal excuse, to obey summons of Congress, its special or

standing committees and subcommittees, the Constitutional Commissions and its
committees, subcommittees or divisions, or by any commission or committee
chairman or member authorized to summon witnesses;

2. By refusing to be sworn or placed under affirmation while being before such

legislative or constitutional body or official;

3. By refusing to answer any legal inquiry or to produce any books, papers,

documents, or records in his possession, when required by them to do so in the
exercise of their functions;
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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.

Article 151. Resistance and Disobedience to A Person in Authority or the Agents

of Such Person

Elements of resistance and serious disobedience under the first paragraph

1. A person in authority or his agent is engaged in the performance of official duty or

gives a lawful order to the offender;

2. Offender resists or seriously disobeys such person in authority or his agent;

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

Elements of simple disobedience under the second paragraph

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 nature.

Distinction between resistance or serious disobedience and direct assault

1. In resistance, the person in authority or his agent must be in actual performance

of his duties.

In direct assault, the person in authority or his agent must be engaged in the
performance of official duties or that he is assaulted by reason thereof.

2. Resistance or serious disobedience is committed only by resisting or seriously

disobeying a person in authority or his agent.

Direct assault (the second form) is committed in four ways, that is, (1) by attacking,
(2) by employing force, (3) by seriously intimidating, and (4) by seriously resisting
a persons in authority or his agent.

3. In both resistance against an agent of a person in authority and direct assault by

resisting an agent of a person in authority, there is force employed, but the use of
force in resistance is not so serious, as there is no manifest intention to defy the
law and the officers enforcing it.
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The attack or employment of force which gives rise to the crime of direct assault
must be serious and deliberate; otherwise, even a case of simple resistance to an
arrest, which always requires the use of force of some kind, would constitute direct
assault and the lesser offense of resistance or disobedience in Article 151 would
entirely disappear.

But when the one resisted is a person I authority, the use of any kind or degree of
force will give rise to direct assault.

If no force is employed by the offender in resisting or disobeying a person in

authority, the crime committed is resistance or serious disobedience under the first
paragraph of Article 151.

Who are deemed persons in authority and agents of persons in authority under Article
152

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 mayor;

2. Division superintendent of schools;

3. Public and private school teachers;

4. Teacher-nurse;

5. President of sanitary division;

6. Provincial fiscal;

7. Justice of the Peace;

8. Municipal councilor;

9. Barrio captain and barangay chairman.

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Article 153. Tumults and Other Disturbances of Public Order

Acts punished

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

2. Interrupting or disturbing performances, functions or gatherings, or peaceful

meetings, if the act is not included in Articles 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 disturbance of public order in

such place;

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

The essence is creating public disorder. This crime is brought about by creating serious
disturbances in public places, public buildings, and even in private places where public
functions or performances are being held.

For a crime to be under this article, it must not fall under Articles 131 (prohibition,
interruption, and dissolution of peaceful meetings) and 132 (interruption of religious
worship).

In the act of making outcry during speech tending to incite rebellion or sedition, the
situation must be distinguished from inciting to sedition or rebellion. If the speaker, even
before he delivered his speech, already had the criminal intent to incite the listeners to rise
to sedition, the crime would be inciting to sedition. However, if the offender had no such
criminal intent, but in the course of his speech, tempers went high and so the speaker
started inciting the audience to rise in sedition against the government, the crime is
disturbance of the public order.

The disturbance of the pubic order is tumultuous and the penalty is increased if it is brought
about by armed men. The term “armed” does not refer to firearms but includes even big
stones capable of causing grave injury.

It is also disturbance of the public order if a convict legally put to death is buried with pomp.
He should not be made out as a martyr; it might incite others to hatred.

Article 154. Unlawful Use of Means of Publication and Unlawful Utterances

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;
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2. Encouraging disobedience to the law or to the constituted authorities or praising,

justifying or extolling any act punished by law, by the same means or by words,
utterances or speeches;

3. Maliciously publishing or causing to be published any official resolution or

document without proper authority, or before 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 anonymous.

Actual public disorder or actual damage to the credit of the State is not necessary.

Republic Act No. 248 prohibits the reprinting, reproduction or republication of government
publications and official documents without previous authority.

Article 155. Alarms and Scandals

Acts punished

1. Discharging any firearm, rocket, firecracker, or other explosive 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 Article 153 in not applicable.

When a person discharges a firearm in public, the act may constitute any of the possible
crimes under the Revised Penal Code:

(1) Alarms and scandals if the firearm when discharged was not directed to any
particular person;

(2) Illegal discharge of firearm under Article 254 if the firearm is directed or pointed to
a particular person when discharged but intent to kill is absent;

(3) Attempted homicide, murder, or parricide if the firearm when discharged is directed
against a person and intent to kill is present.

In this connection, understand that it is not necessary that the offended party be wounded
or hit. Mere discharge of firearm towards another with intent to kill already amounts to
attempted homicide or attempted murder or attempted parricide. It can not be frustrated
because the offended party is not mortally wounded.
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In Araneta v. Court of Appeals, it was held that if a person is shot at and is wounded,
the crime is automatically attempted homicide. Intent to kill is inherent in the use of the
deadly weapon.

The crime alarms and scandal is only one crime. Do not think that alarms and scandals
are two crimes.

Scandal here does not refer to moral scandal; that one is grave scandal in Article 200.
The essence of the crime is disturbance of public tranquility and public peace. So, any
kind of disturbance of public order where the circumstance at the time renders the act
offensive to the tranquility prevailing, the crime is committed.

Charivari is a mock serenade wherein the supposed serenaders use broken cans, broken
pots, bottles or other utensils thereby creating discordant notes. Actually, it is producing
noise, not music and so it also disturbs public tranquility. Understand the nature of the
crime of alarms and scandals as one that disturbs public tranquility or public peace. If the
annoyance is intended for a particular person, the crime is unjust vexation.

Even if the persons involved are engaged in nocturnal activity like those playing patintero
at night, or selling balut, if they conduct their activity in such a way that disturbs public
peace, they may commit the crime of alarms and scandals.

Article 156. Delivering Prisoners from Jail

Elements

1. There is a person confined in a jail or penal establishment;

2. Offender removes therefrom such person, or helps the escape of such person.

Penalty of arresto mayor in its maximum period to prision correccional in its minimum
period is imposed if violence, intimidation or bribery is used.

Penalty of arresto mayor if other means are used.

Penalty decreased to the minimum period if the escape of the prisoner shall take place
outside of said establishments by taking the guards by surprise.

In relation to infidelity in the custody of prisoners, correlate the crime of delivering person
from jail with infidelity in the custody of prisoners punished under Articles 223, 224 and
225 of the Revised Penal Code. In both acts, the offender may be a public officer or a
private citizen. Do not think that infidelity in the custody of prisoners can only be committed
by a public officer and delivering persons from jail can only be committed by private
person. Both crimes may be committed by public officers as well as private persons.

In both crimes, the person involved may be a convict or a mere detention prisoner.

The only point of distinction between the two crimes lies on whether the offender is the
custodian of the prisoner or not at the time the prisoner was made to escape. If the
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offender is the custodian at that time, the crime is infidelity in the custody of prisoners. But
if the offender is not the custodian of the prisoner at that time, even though he is a public
officer, the crime he committed is delivering prisoners from jail.

Liability of the prisoner or detainee who escaped – When these crimes are committed,
whether infidelity in the custody of prisoners or delivering prisoners from jail, the prisoner
so escaping may also have criminal liability and this is so if the prisoner is a convict serving
sentence by final judgment. The crime of evasion of service of sentence is committed by
the prisoner who escapes if such prisoner is a convict serving sentence by final judgment.

If the prisoner who escapes is only a detention prisoner, he does not incur liability from
escaping if he does not know of the plan to remove him from jail. But if such prisoner
knows of the plot to remove him from jail and cooperates therein by escaping, he himself
becomes liable for delivering prisoners from jail as a principal by indispensable
cooperation.

If three persons are involved – a stranger, the custodian and the prisoner – three crimes
are committed:

(1) Infidelity in the custody of prisoners;

(2) Delivery of the prisoner from jail; and

(3) Evasion of service of sentence.

Article 157. Evasion of Service of Sentence

Elements

1. Offender is a convict by final judgment;

2. He is serving sentence which consists in the deprivation of liberty;

3. He evades service of his sentence by escaping during the term of his

imprisonment.

Qualifying circumstances as to penalty imposed

If such evasion or escape takes place –

1. By means of unlawful entry (this should be “by scaling” - Reyes);

2. By breaking doors, windows, gates, walls, roofs or floors;

3. By using picklock, false keys, disguise, deceit, violence or intimidation; or

4. Through connivance with other convicts or employees of the penal institution.

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Evasion of service of sentence has three forms:

(1) By simply leaving or escaping from the penal establishment under Article 157;

(2) Failure to return within 48 hours after having left the penal establishment because
of a calamity, conflagration or mutiny and such calamity, conflagration or mutiny
has been announced as already passed under Article 158;

(3) Violating the condition of conditional pardon under Article 159.

In leaving or escaping from jail or prison, that the prisoner immediately returned is
immaterial. It is enough that he left the penal establishment by escaping therefrom. His
voluntary return may only be mitigating, being analogous to voluntary surrender. But the
same will not absolve his criminal liability.

Article 158. Evasion of Service of Sentence on the Occasion of Disorders,

Conflagrations, Earthquakes, or Other Calamities

Elements

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

2. There is disorder, resulting from –

a. conflagration;

b. earthquake;

c. explosion; or

d. similar catastrophe; or

e. mutiny in which he has not participated;

3. He evades the service of his sentence by leaving the penal institution where he is
confined, on the occasion of such disorder or during the mutiny;

4. He fails to give himself up to the authorities within 48 hours following the issuance
of a proclamation by the Chief Executive announcing the passing away of such
calamity.

The leaving from the penal establishment is not the basis of criminal liability. It is the
failure to return within 48 hours after the passing of the calamity, conflagration or mutiny
had been announced. Under Article 158, those who return within 48 hours are given credit
or deduction from the remaining period of their sentence equivalent to 1/5 of the original
term of the sentence. But if the prisoner fails to return within said 48 hours, an added
penalty, also 1/5, shall be imposed but the 1/5 penalty is based on the remaining period
 16

of the sentence, not on the original sentence. In no case shall that penalty exceed six
months.

Those who did not leave the penal establishment are not entitled to the 1/5 credit. Only
those who left and returned within the 48-hour period.

The mutiny referred to in the second form of evasion of service of sentence does not
include riot. The mutiny referred to here involves subordinate personnel rising against the
supervisor within the penal establishment. One who escapes during a riot will be subject
to Article 157, that is, simply leaving or escaping the penal establishment.

Mutiny is one of the causes which may authorize a convict serving sentence in the
penitentiary to leave the jail provided he has not taken part in the mutiny.

The crime of evasion of service of sentence may be committed even if the sentence is
destierro, and this is committed if the convict sentenced to destierro will enter the
prohibited places or come within the prohibited radius of 25 kilometers to such places as
stated in the judgment.

If the sentence violated is destierro, the penalty upon the convict is to be served by way
of destierro also, not imprisonment. This is so because the penalty for the evasion can
not be more severe than the penalty evaded.

Article 159. Other Cases of Evasion of Service of Sentence

Elements of violation of conditional pardon

1. Offender was a convict;

2. He was granted pardon by the Chief Executive;

3. He violated any of the conditions of such pardon.

In violation of conditional pardon, as a rule, the violation will amount to this crime only if
the condition is violated during the remaining period of the sentence. As a rule, if the
condition of the pardon is violated when the remaining unserved portion of the sentence
has already lapsed, there will be no more criminal liability for the violation. However, the
convict maybe required to serve the unserved portion of the sentence, that is, continue
serving original penalty.

The administrative liability of the convict under the conditional pardon is different and has
nothing to do with his criminal liability for the evasion of service of sentence in the event
that the condition of the pardon has been violated. Exception: where the violation of the
condition of the pardon will constitute evasion of service of sentence, even though
committed beyond the remaining period of the sentence. This is when the conditional
pardon expressly so provides or the language of the conditional pardon clearly shows the
intention to make the condition perpetual even beyond the unserved portion of the
sentence. In such case, the convict may be required to serve the unserved portion of the
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sentence even though the violation has taken place when the sentence has already
lapsed.

In order that the conditional pardon may be violated, it is conditional that the pardonee
received the conditional pardon. If he is released without conformity to the conditional
pardon, he will not be liable for the crime of evasion of service of sentence.

Question & Answer

Is the violation of conditional pardon a substantive offense?

Under Article 159, there are two situations provided:

(1) There is a penalty of prision correccional minimum for the violation of the
conditional pardon;

(2) There is no new penalty imposed for the violation of the conditional pardon.
Instead, the convict will be required to serve the unserved portion of the sentence.

If the remitted portion of the sentence is less than six years or up to six years, there
is an added penalty of prision correccional minimum for the violation of the conditional
pardon; hence, the violation is a substantive offense if the remitted portion of the sentence
does not exceed six years because in this case a new penalty is imposed for the violation
of the conditional pardon.

But if the remitted portion of the sentence exceeds six years, the violation of the
conditional pardon is not a substantive offense because no new penalty is imposed for the
violation.

In other words, you have to qualify your answer.

The Supreme Court, however, has ruled in the case of Angeles v. Jose that this
is not a substantive offense. This has been highly criticized.

Article 160. Commission of Another Crime During Service of Penalty Imposed for
Another Previous Offense

Elements

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

2. He committed a new felony before beginning to serve such sentence or while

serving the same.
 18

TITLE IV. CRIMES AGAINST PUBLIC INTEREST

Crimes against public interest

1. Counterfeiting the great seal of the Government of the Philippines (Art. 161);

2. Using forged signature or counterfeiting seal or stamp (Art. 162);

3. Making and importing and uttering false coins (Art. 163);

4. Mutilation of coins, importation and uttering of mutilated coins (Art. 164);

5. Selling of false or mutilated coins, without connivance (Art. 165);

6. Forging treasury or bank notes or other documents payable to bearer, importing

and uttering of such false or forged notes and documents (Art. 166);

7. Counterfeiting, importing and uttering instruments not payable to bearer (Art. 167);

8. Illegal possession and use of forged treasury or bank notes and other instruments
of credit (Art. 168);

9. Falsification of legislative documents (Art. 170);

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

11. Falsification by private individuals and use of falsified documents (Art. 172);

12. Falsification of wireless, cable, telegraph and telephone messages and use of said
falsified messages (Art. 173);

13. False medical certificates, false certificates of merit or service (Art. 174);

14. Using false certificates (Art. 175);

15. Manufacturing and possession of instruments or implements for falsification (Art.

176);

16. Usurpation of authority or official functions (Art. 177);

17. Using fictitious name and concealing true name (Art. 178);

18. Illegal use of uniforms or insignia (Art. 179);

19. False testimony against a defendant (Art. 180);

20. False testimony favorable to the defendant (Art. 181);

21. False testimony in civil cases (Art. 182);

 19

22. False testimony in other cases and perjury (Art. 183);

23. Offering false testimony in evidence (Art. 184);

24. Machinations in public auction (Art. 185);

25. Monopolies and combinations in restraint of trade (Art. 186);

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

27. Substituting and altering trade marks and trade names or service marks (Art. 188);

28. Unfair competition and fraudulent registration of trade mark or trade name, or
service mark; fraudulent designation of origin, and false description (Art. 189).

The crimes in this title are in the nature of fraud or falsity to the public. The essence of
the crime under this title is that which defraud the public in general. There is deceit
perpetrated upon the public. This is the act that is being punished under this title.

Article 161. Counterfeiting the Great Seal of the Government of the Philippine
Islands, Forging the Signature or Stamp of the Chief Executive

Acts punished

1. Forging the great seal of the Government of the Philippines;

2. Forging the signature of the President;

3. Forging the stamp of the President.

Article 162. Using Forged Signature or Counterfeit Seal or Stamp

Elements

1. The great seal of the Republic was counterfeited or the signature or stamp of the
Chief Executive was forged by another person;

2. Offender knew of the counterfeiting or forgery;

3. He used the counterfeit seal or forged signature or stamp.

Offender under this article should not be the forger.

Article 163. Making and Importing and Uttering False Coins

 20

Elements

1. There be false or counterfeited coins;

2. Offender either made, imported or uttered such coins;

3. In case of uttering such false or counterfeited coins, he connived with the

counterfeiters or importers.

Kinds of coins the counterfeiting of which is punished

1. Silver coins of the Philippines or coins of the Central Bank of the Philippines;

2. Coins of the minor coinage of the Philippines or of the Central Bank of the
Philippines;

3. Coin of the currency of a foreign country.

Article 164. Mutilation of Coins

Acts punished

1. Mutilating coins of the legal currency, with the further requirements that there be
intent to damage or to defraud another;

2. Importing or uttering such mutilated coins, with the further requirement that there
must be connivances with the mutilator or importer in case of uttering.

The first acts of falsification or falsity are –

(1) Counterfeiting – refers to money or currency;

(2) Forgery – refers to instruments of credit and obligations and securities issued by
the Philippine government or any banking institution authorized by the Philippine
government to issue the same;

(3) Falsification – can only be committed in respect of documents.

In so far as coins in circulation are concerned, there are two crimes that may be committed:

(1) Counterfeiting coins -- This is the crime of remaking or manufacturing without any
authority to do so.

In the crime of counterfeiting, the law is not concerned with the fraud upon the public such
that even though the coin is no longer legal tender, the act of imitating or manufacturing
the coin of the government is penalized. In punishing the crime of counterfeiting, the law
 21

wants to prevent people from trying their ingenuity in their imitation of the manufacture of
money.

It is not necessary that the coin counterfeited be legal tender. So that even if the coin
counterfeited is of vintage, the crime of counterfeiting is committed. The reason is to bar
the counterfeiter from perfecting his craft of counterfeiting. The law punishes the act in
order to discourage people from ever attempting to gain expertise in gaining money. This
is because if people could counterfeit money with impunity just because it is no longer
legal tender, people would try to counterfeit non-legal tender coins. Soon, if they develop
the expertise to make the counterfeiting more or less no longer discernible or no longer
noticeable, they could make use of their ingenuity to counterfeit coins of legal tender.
From that time on, the government shall have difficulty determining which coins are
counterfeited and those which are not. It may happen that the counterfeited coins may
look better than the real ones. So, counterfeiting is penalized right at the very start whether
the coin is legal tender or otherwise.

Question & Answer

X has in his possession a coin which was legal tender at the time of Magellan and
is considered a collector’s item. He manufactured several pieces of that coin. Is the crime
committed?

Yes. It is not necessary that the coin be of legal tender. The provision punishing
counterfeiting does not require that the money be of legal tender and the law punishes
this even if the coin concerned is not of legal tender in order to discourage people from
practicing their ingenuity of imitating money. If it were otherwise, people may at the
beginning try their ingenuity in imitating money not of legal tender and once they acquire
expertise, they may then counterfeit money of legal tender.

(2) Mutilation of coins -- This refers to the deliberate act of diminishing the proper
metal contents of the coin either by scraping, scratching or filling the edges of the
coin and the offender gathers the metal dust that has been scraped from the coin.

Requisites of mutilation under the Revised Penal Code

(1) (1) Coin mutilated is of legal tender;

(2) Offender gains from the precious metal dust abstracted from the coin; and

(3) It has to be a coin.

Mutilation is being regarded as a crime because the coin, being of legal tender, it is still in
circulation and which would necessarily prejudice other people who may come across the
coin. For example, X mutilated a P 2.00 coin, the octagonal one, by converting it into a
round one and extracting 1/10 of the precious metal dust from it. The coin here is no
longer P2.00 but only P 1.80, therefore, prejudice to the public has resulted.
 22

There is no expertise involved here. In mutilation of coins under the Revised Penal Code,
the offender does nothing but to scrape, pile or cut the coin and collect the dust and, thus,
diminishing the intrinsic value of the coin.

Mutilation of coins is a crime only if the coin mutilated is legal tender. If the coin whose
metal content has been depreciated through scraping, scratching, or filing the coin and
the offender collecting the precious metal dust, even if he would use the coin after its
intrinsic value had been reduced, nobody will accept the same. If it is not legal tender
anymore, no one will accept it, so nobody will be defrauded. But if the coin is of legal
tender, and the offender minimizes or decreases the precious metal dust content of the
coin, the crime of mutilation is committed.

In the example, if the offender has collected 1/10 of the P 2.00 coin, the coin is actually
worth only P 1.80. He is paying only P1.80 in effect defrauding the seller of P .20.
Punishment for mutilation is brought about by the fact that the intrinsic value of the coin is
reduced.

The offender must deliberately reduce the precious metal in the coin. Deliberate intent
arises only when the offender collects the precious metal dust from the mutilated coin. If
the offender does not collect such dust, intent to mutilate is absent, but Presidential
Decree No. 247 will apply.

Presidential Decree No. 247 (Defacement, Mutilation, Tearing, Burning or

Destroying Central Bank Notes and Coins)

It shall be unlawful for any person to willfully deface, mutilate, tear, burn, or destroy in any
manner whatsoever, currency notes and coins issued by the Central Bank.

Mutilation under the Revised Penal Code is true only to coins. It cannot be a crime under
the Revised Penal Code to mutilate paper bills because the idea of mutilation under the
code is collecting the precious metal dust. However, under Presidential Decree No. 247,
mutilation is not limited to coins.

Questions & Answers

1. The people playing cara y cruz, before they throw the coin in the air would
rub the money to the sidewalk thereby diminishing the intrinsic value of the coin. Is the
crime of mutilation committed?

Mutilation, under the Revised Penal Code, is not committed because they do not
collect the precious metal content that is being scraped from the coin. However, this will
amount to violation of Presidential Decree No. 247.

2. When the image of Jose Rizal on a five-peso bill is transformed into that of
Randy Santiago, is there a violation of Presidential Decree No. 247?

Yes. Presidential Decree No. 247 is violated by such act.

 23

3. Sometime before martial law was imposed, the people lost confidence in
banks that they preferred hoarding their money than depositing it in banks. Former
President Ferdinand Marcos declared upon declaration of martial law that all bills without
the Bagong Lipunan sign on them will no longer be recognized. Because of this, the
people had no choice but to surrender their money to banks and exchange them with
those with the Bagong Lipunan sign on them. However, people who came up with a lot of
money were also being charged with hoarding for which reason certain printing presses
did the stamping of the Bagong Lipunan sign themselves to avoid prosecution. Was there
a violation of Presidential Decree No. 247?

Yes. This act of the printing presses is a violation of Presidential Decree No. 247.

4. An old woman who was a cigarette vendor in Quiapo refused to accept

one-centavo coins for payment of the vendee of cigarettes he purchased. Then came the
police who advised her that she has no right to refuse since the coins are of legal tender.
On this, the old woman accepted in her hands the one-centavo coins and then threw it to
the face of the vendee and the police. Was the old woman guilty of violating Presidential
Decree No. 247?

She was guilty of violating Presidential Decree No. 247 because if no one ever
picks up the coins, her act would result in the diminution of the coin in circulation.

5. A certain customer in a restaurant wanted to show off and used a P 20.00

bill to light his cigarette. Was he guilty of violating Presidential Decree No. 247?

He was guilty of arrested for violating of Presidential Decree No. 247. Anyone who
is in possession of defaced money is the one who is the violator of Presidential Decree
No. 247. The intention of Presidential Decree No. 247 is not to punish the act of defrauding
the public but what is being punished is the act of destruction of money issued by the
Central Bank of the Philippines.

Note that persons making bracelets out of some coins violate Presidential Decree No.
247.

The primary purpose of Presidential Decree No. 247 at the time it was ordained was to
stop the practice of people writing at the back or on the edges of the paper bills, such as
"wanted: pen pal".

So, if the act of mutilating coins does not involve gathering dust like playing cara y cruz,
that is not mutilation under the Revised Penal Code because the offender does not collect
the metal dust. But by rubbing the coins on the sidewalk, he also defaces and destroys
the coin and that is punishable under Presidential Decree No. 247.

Article 165. Selling of False or Mutilated Coin, without Connivance

Acts punished
 24

1. Possession of coin, counterfeited or mutilated by another person, with intent to

utter the same, knowing that it is false or mutilated;

Elements

1. Possession;

2. With intent to utter; and

3. Knowledge.

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

Elements

1. Actually uttering; and

2. Knowledge.

Article 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

bearer;

2. Importation of such false or forged obligations or notes;

3. Uttering of such false or forged obligations or notes in connivance with the forgers
or importers.

Article 167. Counterfeiting, Importing, and Uttering Instruments Not Payable to

Bearer

Elements

1. There is an instrument payable to order or other documents 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.

Article 168. Illegal Possession and Use of False Treasury or Bank Notes and Other
Instruments of Credit
 25

Elements

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 person;

2. Offender knows that any of those instruments is forged or falsified;

3. He either –

a. uses any of such forged or falsified instruments; or

b. possesses with intent to use any of such forged or falsified instruments.

How forgery is committed under Article 169

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 under the Revised Penal Code applies to papers, which are in the form of
obligations and securities issued by the Philippine government as its own obligations,
which is given the same status as legal tender. Generally, the word “counterfeiting” is not
used when it comes to notes; what is used is “forgery.” Counterfeiting refers to money,
whether coins or bills.

The Revised Penal Code defines forgery under Article 169. Notice that mere change on
a document does not amount to this crime. The essence of forgery is giving a document
the appearance of a true and genuine document. Not any alteration of a letter, number,
figure or design would amount to forgery. At most, it would only be frustrated forgery.

When what is being counterfeited is obligation or securities, which under the Revised
Penal Code is given a status of money or legal tender, the crime committed is forgery.

Questions & Answers

1. Instead of the peso sign (P), somebody replaced it with a dollar sign ($).
Was the crime of forgery committed?

No. Forgery was not committed. The forged instrument and currency note must
be given the appearance of a true and genuine document. The crime committed is a
violation of Presidential Decree No. 247. Where the currency note, obligation or security
has been changed to make it appear as one which it purports to be as genuine, the crime
is forgery. In checks or commercial documents, this crime is committed when the figures
or words are changed which materially alters the document.
 26

2. An old man, in his desire to earn something, scraped a digit in a losing

sweepstakes ticket, cut out a digit from another ticket and pasted it there to match the
series of digits corresponding to the winning sweepstakes ticket. He presented this ticket
to the Philippine Charity Sweepstakes Office. But the alteration is so crude that even a
child can notice that the supposed digit is merely superimposed on the digit that was
scraped. Was the old man guilty of forgery?

Because of the impossibility of deceiving whoever would be the person to whom

that ticket is presented, the Supreme Court ruled that what was committed was an
impossible crime. Note, however, that the decision has been criticized. In a case like this,
the Supreme Court of Spain ruled that the crime is frustrated. Where the alteration is such
that nobody would be deceived, one could easily see that it is a forgery, the crime is
frustrated because he has done all the acts of execution which would bring about the
felonious consequence but nevertheless did not result in a consummation for reasons
independent of his will.

3. A person has a twenty-peso bill. He applied toothache drops on one side

of the bill. He has a mimeograph paper similar in texture to that of the currency note and
placed it on top of the twenty-peso bill and put some weight on top of the paper. After
sometime, he removed it and the printing on the twenty-peso bill was reproduced on the
mimeo paper. He took the reverse side of the P20 bill, applied toothache drops and
reversed the mimeo paper and pressed it to the paper. After sometime, he removed it
and it was reproduced. He cut it out, scraped it a little and went to a sari-sari store trying
to buy a cigarette with that bill. What he overlooked was that, when he placed the bill, the
printing was inverted. He was apprehended and was prosecuted and convicted of forgery.
Was the crime of forgery committed?

The Supreme Court ruled that it was only frustrated forgery because although the
offender has performed all the acts of execution, it is not possible because by simply
looking at the forged document, it could be seen that it is not genuine. It can only be a
consummated forgery if the document which purports to be genuine is given the
appearance of a true and genuine document. Otherwise, it is at most frustrated.

Article 170. Falsification of Legislative Documents

Elements

1. There is a bill, resolution or ordinance enacted or approved or pending approval

by either House of the Legislature or any provincial board or municipal council;

2. Offender alters the same;

3. He has no proper authority therefor;

4. The alteration has changed the meaning of the documents.

The words "municipal council" should include the city council or municipal board – Reyes.
 27

The crime of falsification must involve a writing that is a document in the legal sense. The
writing must be complete in itself and capable of extinguishing an obligation or creating
rights or capable of becoming evidence of the facts stated therein. Until and unless the
writing has attained this quality, it will not be considered as document in the legal sense
and, therefore, the crime of falsification cannot be committed in respect thereto.

Five classes of falsification:

(1) Falsification of legislative documents;

(2) Falsification of a document by a public officer, employee or notary public;

(3) Falsification of a public or official, or commercial documents by a private individual;

(4) Falsification of a private document by any person;

(5) Falsification of wireless, telegraph and telephone messages.

Distinction between falsification and forgery:

Falsification is the commission of any of the eight acts mentioned in Article 171 on
legislative (only the act of making alteration), public or official, commercial, or private
documents, or wireless, or telegraph messages.

The term forgery as used in Article 169 refers to the falsification and counterfeiting of
treasury or bank notes or any instruments payable to bearer or to order.

Note that forging and falsification are crimes under Forgeries.

Article 171. Falsification by Public Officer, Employee or Notary or Ecclesiastical

Minister

Elements

1. Offender is a public officer, employee, or notary public;

2. He takes advantage of his official position;

3. He falsifies a document by committing any of the following acts:

a. Counterfeiting or imitating any handwriting, signature or rubric;

b. Causing it to appear that persons have participated in any act or

proceeding when they did not in fact so participate;

c. Attributing to persons who have participated in an act or proceeding

statements other than those in fact made by them;

d. Making untruthful statements in a narration of facts;

 28

e. Altering true dates;

f. Making any alteration or intercalation in a genuine document which

changes 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;
or

h. Intercalating any instrument or note relative to the issuance thereof in a

protocol, registry, or official book.

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

For example, a customer in a hotel did not write his name on the registry book, which was
intended to be a memorial of those who got in and out of that hotel. There is no complete
document to speak of. The document may not extinguish or create rights but it can be an
evidence of the facts stated therein.

Note that a check is not yet a document when it is not completed yet. If somebody writes
on it, he makes a document out of it.

The document where a crime was committed or the document subject of the prosecution
may be totally false in the sense that it is entirely spurious. This notwithstanding, the crime
of falsification is committed.

It does not require that the writing be genuine. Even if the writing was through and through
false, if it appears to be genuine, the crime of falsification is nevertheless committed.

Questions & Answers

1. A is one of those selling residence certificates in Quiapo. He was brought

to the police precincts on suspicion that the certificates he was selling to the public proceed
from spurious sources and not from the Bureau of Treasury. Upon verification, it was
found out that the certificates were indeed printed with a booklet of supposed residence
certificates. What crime was committed?

Crime committed is violation of Article 176 (manufacturing and possession of

instruments or implements for falsification). A cannot be charged of falsification because
the booklet of residence certificates found in his possession is not in the nature of
“document” in the legal sense. They are mere forms which are not to be completed to be
a document in the legal sense. This is illegal possession with intent to use materials or
apparatus which may be used in counterfeiting/forgery or falsification.
 29

2. Public officers found a traffic violation receipts from a certain person. The
receipts were not issued by the Motor Vehicle Office. For what crime should he be
prosecuted for?

It cannot be a crime of usurpation of official functions. It may be the intention but

no overt act was yet performed by him. He was not arrested while performing such overt
act. He was apprehended only while he was standing on the street suspiciously. Neither
can he be prosecuted for falsification because the document is not completed yet, there
being no name of any erring driver. The document remains to be a mere form. It not
being completed yet, the document does not qualify as a document in the legal sense.

4. Can the writing on the wall be considered a document?

Yes. It is capable of speaking of the facts stated therein. Writing may be on

anything as long as it is a product of the handwriting, it is considered a document.

5. In a case where a lawyer tried to extract money from a spinster by typing

on a bond paper a subpoena for estafa. The spinster agreed to pay. The spinster went
to the prosecutor’s office to verify the exact amount and found out that there was no charge
against her. The lawyer was prosecuted for falsification. He contended that only a genuine
document could be falsified. Rule.

As long as any of the acts of falsification is committed, whether the document is

genuine or not, the crime of falsification may be committed. Even totally false documents
may be falsified.

There are four kinds of documents:

(1) Public document in the execution of which, a person in authority or notary public
has taken part;

(2) Official document in the execution of which a public official takes part;

(3) Commercial document or any document recognized by the Code of Commerce or

any commercial law; and

(4) Private document in the execution of which only private individuals take part.

Public document is broader than the term official document. Before a document may be
considered official, it must first be a public document. But not all public documents are
official documents. To become an official document, there must be a law which requires
a public officer to issue or to render such document. Example: A cashier is required to
issue an official receipt for the amount he receives. The official receipt is a public
document which is an official document.

Article 172. Falsification by Private Individual and Use of Falsified Documents

Acts punished
 30

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

2. Falsification of private document by any person;

3. Use of falsified document.

Elements under paragraph 1

1. Offender is a private individual or public officer or employee who did not take
advantage of his official position;

2. He committed any act of falsification;

3. The falsification was committed in a public, official, or commercial document or

letter of exchange.

Elements under paragraph 2

1. Offender committed any of the acts of falsification except Article 171(7), that is,
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;

2. Falsification was committed in any private document;

3. Falsification causes damage to a third party or at least the falsification was

committed with intent to cause such damage.

Elements under the last paragraph

In introducing in a judicial proceeding –

1. Offender knew that the document was falsified by another person;

2. The false document is in Articles 171 or 172 (1 or 2);

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 person;

2. The false document is embraced in Articles 171 or 172 (1 or 2);

3. He used such document;

 31

4. The use caused damage to another or at least used with intent to cause damage.

Article 173. Falsification of Wireless, Cable, Telegraph and Telephone Messages,

and Use of Said Falsified Messages

Acts punished

1. Uttering fictitious wireless, telegraph or telephone message;

Elements

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 utters fictitious wireless, cable, telegraph or telephone message.

2. Falsifying wireless, telegraph or telephone message;

Elements

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 falsifies wireless, cable, telegraph or telephone message.

3. Using such falsified message.

Elements

1. Offender knew that wireless, cable, telegraph, or telephone message was

falsified by 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 used such falsified dispatch;

3. The use resulted in the prejudice of a third party or at least there was intent
to cause such prejudice.

Article 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);

[The crime here is false medical certificate by a physician.]

 32

2. Public officer who issues a false certificate of merit of service, good conduct or
similar circumstances;

[The crime here 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
two preceding subdivisions.

Article 175. Using False Certificates

Elements

1. The following issues a false certificate:

a. Physician or surgeon, in connection with the practice of his profession,

issues a false certificate;

b. Public officer issues a false certificate of merit of service, good

conduct or similar circumstances;

c. Private person falsifies a certificate falling within the classes

mentioned in the two preceding subdivisions.

2. Offender knows that the certificate was false;

3. He uses the same.

Article 176. Manufacturing and Possession of Instruments or Implements for

Falsification

Acts punished

1. Making or introducing into the Philippines any stamps, dies, marks, or other
instruments or implements for counterfeiting or falsification;

2. Possession with intent to use the instruments or implements for counterfeiting or

falsification made in or introduced into the Philippines by another person.

Article 177. Usurpation of Authority or Official Functions

Acts punished

1. Usurpation of authority;

Elements

1. Offender knowingly and falsely represents himself;

 33

2. As an officer, agent or representative of any department or agency of the

Philippine government or of any foreign government.

2. Usurpation of official functions.

Elements

1. Offender performs any act;

2. Pertaining to any person in authority or public officer of the Philippine

government or any foreign government, or any agency thereof;

3. Under pretense of official position;

4. Without being lawfully entitled to do so.

Article 178. Using Fictitious Name and Concealing True Name

Acts punished

1. Using fictitious name

Elements

1. Offender uses a name other than his real name;

2. He uses the fictitious name publicly;

3. Purpose of use is to conceal a crime, to evade the execution of a judgment

or to cause damage [to public interest – Reyes].

2. Concealing true name

Elements

1. Offender conceals his true name and other personal circumstances;

2. Purpose is only to conceal his identity.

Commonwealth Act No. 142 (Regulating the Use of Aliases)

No person shall use any name different from the one with which he was registered at birth
in the office of the local civil registry, or with which he was registered in the bureau of
immigration upon entry; or such substitute name as may have been authorized by a
competent court.

Exception: Pseudonym solely for literary, cinema, television, radio, or other entertainment
and in athletic events where the use of pseudonym is a normally accepted practice.
 34

Article 179. Illegal Use of Uniforms or Insignia

Elements

1. Offender makes use of insignia, uniforms or dress;

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

3. Said insignia, uniform or dress is used publicly and improperly.

Wearing the uniform of an imaginary office is not punishable.

So also, an exact imitation of a uniform or dress is unnecessary; a colorable resemblance

calculated to deceive the common run of people is sufficient.

Article 180. False Testimony against A Defendant

Elements

1. There is a criminal proceeding;

2. Offender testifies falsely under oath against the defendant therein;

3. Offender who gives false testimony knows that it is false.

4. Defendant against whom the false testimony is given is either acquitted or

convicted in a final judgment.

Three forms of false testimony

1. False testimony in criminal cases under Article 180 and 181;

2. False testimony in civil case under Article 182;

3. False testimony in other cases under Article 183.

Article 181. False Testimony Favorable to the Defendant

Elements

1. A person gives false testimony;

2. In favor of the defendant;

3. In a criminal case.
 35

Article 182. False Testimony in Civil Cases

Elements

1. Testimony given in a civil case;

2. Testimony relates to the issues presented in said case;

3. Testimony is false;

4. Offender knows that testimony is false;

5. Testimony is malicious and given with an intent to affect the issues presented in
said case.

Article 183. False Testimony in Other Cases and Perjury in Solemn Affirmation

Acts punished

1. By falsely testifying under oath;

2. By making a false affidavit.

Elements of perjury

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

matter;

2. The statement or affidavit is made before a competent officer, authorized to receive

and administer oaths;

3. Offender makes a willful and deliberate assertion of a falsehood in the statement

or affidavit;

4. The sworn statement or affidavit containing the falsity is required by law, that is, it
is made for a legal purpose.

Article 184. Offering False Testimony in Evidence

Elements

1. Offender offers in evidence a false witness or testimony;

2 He knows that the witness or the testimony was false;

3. The offer is made in any judicial or official proceeding.

 36

Article 185. Machinations in Public Auctions

Acts punished

1. Soliciting any gift or promise as a consideration for refraining from taking part in
any public auction;

Elements

1. There is a public auction;

2. Offender solicits any gift or a promise from any of the bidders;

3. Such gift or promise is the consideration for his refraining from taking part
in that public auction;

4. Offender has the intent to cause the reduction of the price of the thing
auctioned.

2. Attempting to cause bidders to stay away from an auction by threats, gifts,

promises or any other artifice.

Elements

1. There is a public auction;

2. Offender attempts to cause the bidders to stay away from that public
auction;

3. It is done by threats, gifts, promises or any other artifice;

4. Offender has the intent to cause the reduction of the price of the thing
auctioned.

Article 186. Monopolies and Combinations in Restraint of Trade

Acts punished

1. Combination to prevent free competition in the market;

Elements

1. Entering into any contract or agreement or taking part in any conspiracy or

combination in the form of a trust or otherwise;

2. In restraint of trade or commerce or to prevent by artificial means free

competition in the market.
 37

2. Monopoly to restrain free competition in the market;

Elements

1. By monopolizing any merchandise or object of trade or commerce, or by

combining with any other person or persons to monopolize said
merchandise or object;

2. In order to alter the prices thereof by spreading false rumors or making use
of any other artifice;

3. To restrain free competition in the market

3. Manufacturer, producer, or processor or importer combining, conspiring or

agreeing with any person to make transactions prejudicial to lawful commerce or
to increase the market price of merchandise.

Elements

1. Manufacturer, producer, processor or importer of any merchandise or

object of commerce;

2. Combines, conspires or agrees with any person;

3. Purpose is to make transactions prejudicial to lawful commerce or to

increase the market price of any merchandise or object of commerce
manufactured, produced, processed, assembled or imported into the
Philippines.

Article 187. Importation and Disposition of Falsely Marked Articles or Merchandise

Made of Gold, Silver, or Other Precious Metals of Their Alloys

Elements

1. Offender imports, sells or disposes articles made of gold, silver, or other precious
metals or their alloys;

2. The stamps, brands, or marks of those articles of merchandise fail to indicate the
actual fineness or quality of said metals or alloys;

3. Offender knows that the stamps, brands, or marks fail to indicate the actual
fineness or quality of the metals or alloys.

Article 188. Substituting and Altering Trademarks, Trade names, or Service Marks

Acts punished
 38

1. Substituting the trade name or trademark of some other manufacturer or dealer, or

a colorable imitation thereof for the trade name or trademark of the real
manufacturer or dealer upon any article of commerce and selling the same;

2. Selling or offering for sale such articles of commerce knowing that the trade name
or trademark has been fraudulently used;

3. Using or substituting the service mark of some other person, or a colorable

imitation of such mark n the sale or advertising of his services;

4. Printing, lithographing or reproducing trade name, trademark, or service mark of

one person or a colorable imitation thereof to enable another person to fraudulently
use the same knowing the fraudulent purpose for which it is to be used.

Article 189. Unfair Competition, Fraudulent Registration of Trade Name, Trademark,

or Service Mark, Fraudulent Designation of Origin, and False Description

Acts punished

1. Unfair competition;

Elements

1. By selling his goods;

2. Giving them the general appearance of the goods of another manufacturer

or dealer;

3. The general appearance is shown in the goods themselves, or in the

wrapping of their packages, or in the device or words therein, or in any
feature of their appearance;

4. There is actual intent to deceive the public or defraud a competitor.

2. Fraudulent designation of origin; false description:

Elements

1. By affixing to his goods or using in connection with his services a false

designation of origin, or any false description or representation; and

2. Selling such goods or services.

3. Fraudulent registration

Elements

1. By procuring fraudulently from the patent office;

2. The registration of trade name, trademark or service mark

 39

Republic Act No. 8293 (An Act Prescribing the Intellectual Property Code and
Establishing the Intellectual Property Office, Providing for Its Power and Functions,
and for Other Purposes)

Section 170. Penalties. – Independent of the civil and administrative sanctions

imposed by law, a criminal penalty of imprisonment from two (2) years to five (5) years
and a fine ranging from Fifty thousand pesos (P 50,000.00) to Two hundred thousand
pesos (P 200,000.00), shall be imposed on any person who is found guilty of committing
any of the acts mentioned in Section 155, Section 168 and Subsection 169.1.

Section 155. Remedies; Infringement. – Any person who shall, without the
consent of the owner of the registered mark:

155.1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation

of a registered mark or the same container or a dominant feature thereof in connection
with the sale, offering for sale, distribution, advertising of any goods or services including
other preparatory steps necessary to carry out the sale of any goods or services on or in
connection with which such use is likely to course confusion, or to cause mistake, or to
deceive; or

155.2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a

dominant feature thereof and apply such reproduction, counterfeit, copy or colorable
imitation to labels, signs, prints, packages, wrappers, receptacles or advertisement
intended to be used in commerce upon or in connection with the sale, offering for sale,
distribution, or advertising of goods or services on or in connection with which such use is
likely to cause confusion, or to cause mistake, or to deceive shall be liable in a civil action
for infringement by the registrant for the remedies hereinafter set forth: Provided, that the
infringement takes place at the moment any of the acts stated in Subsection 155.1 or this
subsection are committed regardless of whether there is actual sale of goods or services
using the infringing material.

Section 168. Unfair Competition, Rights, Regulation and Remedies.

168.1. Any person who has identified in the mind of the public the goods he
manufactures or deals in, his business or services from those of others, whether or not a
registered mark is employed, has a property right in the goodwill of the said goods,
business or service so identified, which will be protected in the same manner as other
property rights.

168.2. Any person who shall employ deception or any other means contrary to
good faith by which he shall pass off the goods manufactured by him or in which he deals,
or his business, or services for those of the one having established such goodwill, or who
shall commit any acts calculated to produce said result, shall be guilty of unfair
competition, and shall be subject to an action therefor.

168.3. In particular, and without in any way limiting the scope of protection against
unfair competition, the following shall be deemed guilty of unfair competition:
 40

(a) Any person, who is selling his goods and gives them the general
appearance of goods of another manufacturer or dealer, either as to the goods themselves
or in the wrapping of the packages in which they are contained, or the devices or words
thereon, on in any other feature or their appearance, which would be likely to influence
purchasers to believe that the goods offered are those of a manufacturer or dealer, other
than the actual manufacturer or dealer, or who otherwise clothes the goods with such
appearance as shall deceive the public and defraud another of his legitimate trade, or any
subsequent vendor of such goods or any agent of any vendor engaged in selling such
goods with a like purpose; or

(b) Any person who by any artifice, or device, or who employs any other means
calculated to induce the false belief that such person is offering the services of another
who ahs identified such services in the mind of the public; or

(c) Any person who shall make any false statement in the course of trade or
who shall commit any other act contrary to good faith of a nature calculated to discredit
the goods, business or services of another.

168.4. The remedies provided by Section 156, 157 and 161 shall apply mutatis
mutandis.

Section 169. False Designation or Origin; False Description or Representation.

169.1. Any person who, on or in connection with any goods or services, or any
container for goods, uses in commerce any word, term, name, symbol, or device, or any
combination thereof, or any false designation of origin, false or misleading description of
fact, or false or misleading representation of fact, which:

(a) Is likely to cause confusion, or to cause mistake, or to deceive as to the

affiliation, connection, or association of such person with another person, or as to the
origin, sponsorship, or approval of his or her goods, services, or commercial activities by
another person; or

(b) In commercial advertising or promotion, misrepresents the nature,

characteristics, qualities, or geographic origin of his or her or another person's goods,
services or commercial activities, shall be liable to a civil action for damages and injunction
provided in Section 156 and 157 of this Act by any person who believes that he or she is
or likely to be damaged by such act.

TITLE V. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

Articles 190, 191, 192, 193 and194 of the Revised Penal Code have been repealed by
Republic Act No. 6425 (The Dangerous Drugs Act of 1972), as amended by
Presidential Decree No. 1683 and further amended by Republic Act No. 7659.

Acts punished by the Republic Act No. 6425

1. Importation of prohibited drugs;

 41

2. Sale, administration, delivery, distribution and transportation of prohibited drugs;

3. Maintenance of a den, dive or resort for prohibited drug users;

4. Being employees and visitors of prohibited drug den;

5. Manufacture of prohibited drugs;

6. Possession or use of prohibited drugs;

7. Cultivation of plants which are sources of prohibited drugs;

8. Failure to comply with the provisions of the Act relative to the keeping of records
of prescriptions, sales, purchases, acquisitions and/or deliveries of prohibited
drugs;

9. Unlawful prescription of prohibited drugs;

10. Unnecessary prescription of prohibited drugs;

11. Possession of opium pipe and other paraphernalia for prohibited drugs;

12. Unauthorized importation, manufacture, sale administration, dispensation,

delivery, transportation, distribution, possession or use of regulated drugs, failure
to comply with the provisions of the Act relative to the keeping of records of
prescriptions, sales, purchases, acquisitions and/or deliveries, unlawful
prescription, unnecessary prescription of regulated drugs, and maintenance of a
den, dive or resort for regulated drug users.

TITLE VI. CRIMES AGAINST PUBLIC MORALS

Crimes against public morals

1. Gambling (Art. 195);

2. Importation, sale and possession of lottery tickets or advertisements (Art. 196);

3. Betting in sport contests (Art. 197);

4. Illegal betting on horse races (Art. 198);

5. Illegal cockfighting (Art. 199);

6. Grave scandal (Art. 200);

7. Immoral doctrines, obscene publications and exhibitions (Art. 201); and

 42

8. Vagrancy and prostitution (Art. 202).

Article 195. What Acts Are Punishable in Gambling

Acts punished

1. Taking part directly or indirectly in –

a. any game of monte, jueteng, or any other form of lottery, policy, banking,
or percentage game, dog races, or any other game or scheme the results
of which depend wholly or chiefly upon chance or hazard; or wherein
wagers consisting of money, articles of value, or representative of value
are made; or

b. the exploitation or use of any other mechanical invention or contrivance to

determine by chance the loser or winner of money or any object or
representative of value;

2. Knowingly permitting any form of gambling to be carried on in any place owned or

controlled by the offender;

3. Being maintainer, conductor, or banker in a game of jueteng or similar game;

4. Knowingly and without lawful purpose possessing lottery list, paper, or other matter
containing letters, figures, signs or symbol which pertain to or are in any manner
used in the game of jueteng or any similar game.

Article 196. Importation, Sale and Possession of Lottery Tickets or Advertisements

Acts punished

1. Importing into the Philippines from any foreign place or port any lottery ticket or
advertisement; or

2. Selling or distributing the same in connivance with the importer;

3. Possessing, knowingly and with intent to use them, lottery tickets or

advertisements; or

4. Selling or distributing the same without connivance with the importer of the same.

Note that possession of any lottery ticket or advertisement is prima facie evidence of an
intent to sell, distribute or use the same in the Philippines.

Article 197. Betting in Sport Contests

 43

This article has been repealed by Presidential Decree No. 483 (Betting, Game-fixing
or Point-shaving and Machinations in Sport Contests):

Section 2. Betting, game-fixing, point-shaving or game machination unlawful. –

Game-fixing, point-shaving, game machination, as defined in the preceding section, in
connection with the games of basketball, volleyball, softball, baseball; chess, boxing
bouts, jai-alia, sipa, pelota and all other sports contests, games or races; as well as betting
therein except as may be authorized by law, is hereby declared unlawful.

Article 198. Illegal Betting on Horse Race

Acts punished

1. Betting on horse races during periods not allowed by law;

2. Maintaining or employing a totalizer or other device or scheme for betting on races

or realizing profit therefrom during the periods not allowed by law.

When horse races not allowed

1. July 4 (Republic Act No. 137);

2. December 30 (Republic Act No. 229);

3. Any registration or voting days (Republic Act No. 180, Revised Election Code); and

4. Holy Thursday and Good Friday (Republic Act No. 946).

Article 199. Illegal Cockfighting

This article has been modified or repealed by Presidential Decree No. 449 (The
Cockfighting Law of 1974):

 Only allows one cockpit per municipality, unless the population exceeds 100,000
in which case two cockpits may be established;

 Cockfights can only be held in licensed cockpits on Sundays and legal holidays
and local fiestas for not more than three days;

 Also allowed during provincial, municipal, city, industrial, agricultural fairs,

carnivals, or exposition not more than three days;

 Cockfighting not allowed on December 30, June 12, November 30, Holy Thursday,
Good Friday, Election or Referendum Day, and registration days for referendums
and elections;
 44

 Only municipal and city mayors are allowed to issue licenses for such.

Presidential Decree No. 1602 (Simplifying and Providing Stiffer Penalties for
Violations of Philippine Gambling Laws)

Section 1. Violations and Penalties. -- The penalty of prision mayor in its medium
degree or a fine ranging from Five Hundred Pesos to Two Thousand Pesos and in case
of recidivism the penalty of prision correccional in its medium degree or a fine of ranging
from One Thousand Pesos to Six Thousand Pesos shall be imposed upon:

(a) Any person other than those referred to in the succeeding subsection who
in any manner, shall directly or indirectly take part in any game of cockfighting, jueteng,
bookies (jai- alai or horse racing to include game fixing) and other lotteries, cara y cruz or
pompiang and the like, black jack, lucky nine, “pusoy” or Russian Poker, monte, baccarat
and other card games, palk que, domino, mahjong, high and low, slot machines, roulette,
pinball and other mechanical inventories or devices, dog racing, boat racing, car raising
and other races, basketball, volleyball, boxing, seven-eleven dice games and the like and
other contests to include game fixing, point shaving and other machinations banking or
percentage game, or any other game or scheme, whether upon chance or skill, which do
not have a franchise from the national government, wherein wagers consisting of money,
articles of value of representative of value are made;

(b) Any person who shall knowingly permit any form of gambling referred to in
the preceding subdivision to be carried on in inhabited or uninhabited places or any
building, vessel or other means of transportation owned or controlled by him. If the place
where gambling is carried on has a reputation of a gambling place or that prohibited
gambling is frequently carried on therein or the place is a public or government building or
barangay hall, the culprit shall be punished by the penalty provided for in its maximum
period and a fine of Six Thousand Pesos.

The penalty of prision correccional in its maximum degree and a fine of Six
Thousand Pesos shall be imposed upon the maintainer, conductor of the above gambling
schemes.

The penalty of prision mayor in its medium degree and temporary absolute
disqualification and a fine of Six Thousand Pesos shall be imposed if the maintainer,
conductor or banker is a government official, or if a player, promoter, referee, umpire,
judge or coach in cases of game-fixing, point-shaving and other game machination.

The penalty of prision correccional in its medium degree and a fine ranging from
Five Hundred pesos to Two Thousand Pesos shall be imposed upon any person who shall
knowingly and without lawful purpose in any hour of any day shall have in his possession
any lottery list, paper, or other matter containing letter, figures, signs or symbols which
pertain to or in any manner used in the game of jueteng, jai-alai or horse racing bookies
and similar game or lottery which has taken place or about to take place.

Section 2. Barangay Official. – Any barangay official in whose jurisdiction such

gambling house is found and which house has the reputation of a gambling place shall
suffer the penalty of prision correccional in its medium period and a fine ranging from Five
Hundred to Two Thousand Pesos and temporary absolute disqualifications.
 45

While the acts under the Revised Penal Code are still punished under the new law, yet
the concept of gambling under it has been changed by the new gambling law.

Before, the Revised Penal Code considered the skill of the player in classifying whether a
game is gambling or not. But under the new gambling law, the skill of the players is
immaterial.

Any game is considered gambling where there are bets or wagers placed with the hope
to win a prize therefrom.

Under this law, even sports contents like boxing, would be gambling insofar as those who
are betting therein are concerned. Under the old penal code, if the skill of the player
outweighs the chance or hazard involved in winning the game, the game is not considered
gambling but a sport. It was because of this that betting in boxing and basketball games
proliferated.

“Unless authorized by a franchise, any form of gambling is illegal.” So said the court in
the recent resolution of the case against the operation of jai-alai.

There are so-called parlor games which have been exempted from the operation of the
decree like when the games are played during a wake to keep the mourners awake at
night. Pursuant to a memorandum circular issued by the Executive Branch, the offshoot
of the exemption is the intentional prolonging of the wake of the dead by gambling lords.

As a general rule, betting or wagering determines whether a game is gambling or not.

Exceptions: These are games which are expressly prohibited even without bets. Monte,
jueteng or any form of lottery; dog races; slot machines; these are habit-forming and
addictive to players, bringing about the pernicious effects to the family and economic life
of the players.

Mere possession of lottery tickets or lottery lists is a crime punished also as part of
gambling. However, it is necessary to make a distinction whether a ticket or list refers to
a past date or to a future date.

Illustration:

X was accused one night and found in his possession was a list of jueteng. If the date
therein refers to the past, X cannot be convicted of gambling or illegal possession of lottery
list without proving that such game was indeed played on the date stated. Mere
possession is not enough. If the date refers to the future, X can be convicted by the mere
possession with intent to use. This will already bring about criminal liability and there is
no need to prove that the game was played on the date stated. If the possessor was
caught, chances are he will not go on with it anymore.

There are two criteria as to when the lottery is in fact becomes a gambling game:

1. If the public is made to pay not only for the merchandise that he is buying, but also
for the chance to win a prize out of the lottery, lottery becomes a gambling game.
Public is made to pay a higher price.
 46

2. If the merchandise is not saleable because of its inferior quality, so that the public
actually does not buy them, but with the lottery the public starts patronizing such
merchandise. In effect, the public is paying for the lottery and not for the
merchandise, and therefore the lottery is a gambling game. Public is not made to
pay a higher price.

Illustrations:

(1) A certain supermarket wanted to increase its sales and sponsored a lottery where
valuable prices are offered at stake. To defray the cost of the prices offered in the
lottery, the management increased their prices of the merchandise by 10 cents
each. Whenever someone buys from that supermarket, he pays 10 cents more
for each merchandise and for his purchase, he gets a coupon which is to be
dropped at designated drop boxes to be raffled on a certain period.

The increase of the price is to answer for the cost of the valuable prices that will
be covered at stake. The increase in the price is the consideration for the chance
to win in the lottery and that makes the lottery a gambling game.

But if the increase in prices of the articles or commodities was not general, but only
on certain items and the increase in prices is not the same, the fact that a lottery
is sponsored does not appear to be tied up with the increase in prices, therefore
not illegal.

Also, in case of manufacturers, you have to determine whether the increase in the
price was due to the lottery or brought about by the normal price increase. If the
increase in price is brought about by the normal price increase [economic factor]
that even without the lottery the price would be like that, there is no consideration
in favor of the lottery and the lottery would not amount to a gambling game.

If the increase in the price is due particularly to the lottery, then the lottery is a
gambling game. And the sponsors thereof may be prosecuted for illegal gambling
under Presidential Decree No. 1602.

(2) The merchandise is not really saleable because of its inferior quality. A certain
manufacturer, Bhey Company, manufacture cigarettes which is not saleable
because the same is irritating to the throat, sponsored a lottery and a coupon is
inserted in every pack of cigarette so that one who buys it shall have a chance to
participate. Due to the coupons, the public started buying the cigarette. Although
there was no price increase in the cigarettes, the lottery can be considered a
gambling game because the buyers were really after the coupons not the low
quality cigarettes.

If without the lottery or raffle, the public does not patronize the product and starts
to patronize them only after the lottery or raffle, in effect the public is paying for the
price not the product.
 47

Under this decree, a barangay captain who is responsible for the existence of gambling
dens in their own locality will be held liable and disqualified from office if he fails to
prosecute these gamblers. But this is not being implemented.

Gambling, of course, is legal when authorized by law.

Fund-raising campaigns are not gambling. They are for charitable purposes but they have
to obtain a permit from Department of Social Welfare and Development. This includes
concerts for causes, Christmas caroling, and the like.

Article 200. Grave Scandal

Elements

1. Offender performs an act or acts;

2. Such act or acts be highly scandalous as offending against decency or good

customs;

3. The highly scandalous conduct is not expressly falling within any other article of
this Code; and

4. The act or acts complained of be committed in a public place or within the public
knowledge or view.

In grave scandal, the scandal involved refers to moral scandal offensive to decency,
although it does not disturb public peace. But such conduct or act must be open to the
public view.

In alarms and scandals, the scandal involved refers to disturbances of the public tranquility
and not to acts offensive to decency.

Any act which is notoriously offensive to decency may bring about criminal liability for the
crime of grave scandal provided such act does not constitute some other crime under the
Revised Penal Code. Grave scandal is a crime of last resort.

Distinction should be made as to the place where the offensive act was committed,
whether in the public place or in a private place:

(1) In public place, the criminal liability arises irrespective of whether the immoral act
is open to the public view. In short public view is not required.

(2) When act offensive to decency is done in a private place, public view or public
knowledge is required.

Public view does not require numerous persons. Even if there was only one person who
witnessed the offensive act for as long as the third person was not an intruder, grave
 48

scandal is committed provided the act does not fall under any other crime in the Revised
Penal Code.

Illustrations:

(1) A man and a woman enters a movie house which is a public place and then goes
to the darkest part of the balcony and while there the man started performing acts
of lasciviousness on the woman.

If it is against the will of the woman, the crime would be acts of lasciviousness. But
if there is mutuality, this constitutes grave scandal. Public view is not necessary
so long as it is performed in a public place.

(2) A man and a woman went to Luneta and slept there. They covered themselves
their blanket and made the grass their conjugal bed.

This is grave scandal.

(3) In a certain apartment, a lady tenant had the habit of undressing in her room
without shutting the blinds. She does this every night at about eight in the evening.
So that at this hour of the night, you can expect people outside gathered in front of
her window looking at her silhouette. She was charged of grave scandal. Her
defense was that she was doing it in her own house.

It is no defense that she is doing it in her private home. It is still open to the public
view.

(4) In a particular building in Makati which stands right next to the house of a young
lady who goes sunbathing in her poolside. Every morning several men in the upper
floors would stick their heads out to get a full view of said lady while in her two-
piece swimsuit. The lady was then charged with grave scandal. Her defense was
that it is her own private pool and it is those men looking down at her who are
malicious.

This is an act which even though done in a private place is nonetheless open to
public view.

Article 201. Immoral Doctrines, Obscene Publications and Exhibitions and Indecent
Shows

Acts punished

1. Those who shall publicly expound or proclaim doctrines openly contrary to public
morals;

2. a. The authors of obscene literature, published with their knowledge in any

form, the editors publishing such literature; and the owners/operators of the
establishment selling the same;
 49

b. Those who, in theaters, fairs, cinematographs, or any other place, exhibit

indecent or immoral plays, scenes, acts, or shows, it being understood that the
obscene literature or indecent or immoral plays, scenes, acts or shows, whether
live or in film, which are proscribed by virtue hereof, shall include those which:
(1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy
the market for violence, lust or pornography; (3) offend any race, or religion;
(4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law,
public order, morals, good customs, established policies, lawful orders, decrees
and edicts; and

3. Those who shall sell, give away, or exhibit films, prints, engravings, sculptures, or
literature which are offensive to morals.

Article 202. Vagrants and Prostitutes; Penalty

Vagrants

1. Any person having no apparent means of subsistence, who has the physical ability
to work and who neglects to apply himself or herself to some lawful calling;

2. Any person found loitering about public or semi-public buildings or places or

trampling or wandering about the country or the streets without visible means of
support;

3. Any idle or dissolute person who ledges in houses of ill fame;

4. Ruffians or pimps and those who habitually associate with prostitutes;

5. Any person who, not being included in the provisions of other articles of this Code,
shall be found loitering in any inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose;

6. Prostitutes, who are women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct.

Prostitutes are women who, for money or profit, habitually indulge in sexual intercourse or
lascivious conduct, are deemed to be prostitutes.

Test of Obscenity: Whether or not the material charged as obscene has the tendency to
deprave and corrupt the minds of those open to the influence thereof, or into whose hands
such material may come to (Kottinger Rule).

The test is objective. It is more on the effect upon the viewer and not alone on the conduct
of the performer.

If the material has the tendency to deprave and corrupt the mind of the viewer then the
same is obscene and where such obscenity is made publicly, criminal liability arises.
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Because there is a government body which deliberates whether a certain exhibition,

movies and plays is pornographic or not, if such body approves the work the same should
not be charged under this title. Because of this, the test of obscenity may be obsolete
already. If allowed by the Movies and Television Review and Classification Board
(MTRCB), the question is moot and academic.

The law is not concerned with the moral of one person. As long as the pornographic
matter or exhibition is made privately, there is no crime committed under the Revised
Penal Code because what is protected is the morality of the public in general. Third party
is there. Performance of one to another is not.

Illustration:

A sexy dancing performed for a 90 year old is not obscene anymore even if the dancer
strips naked. But if performed for a 15 year old kid, then it will corrupt the kid’s mind.
(Apply Kottinger Rule here.)

In some instances though, the Supreme Court did not stick to this test. It also considered
the intention of the performer.

In People v. Aparici, the accused was a performer in the defunct Pacific Theatre, a movie
house which opens only at midnight. She was arrested because she was dancing in a
“different kind of way.” She was not really nude. She was wearing some sort of an
abbreviated bikini with a flimsy cloth over it. However, on her waist hung a string with a
ball reaching down to her private part so that every time she gyrates, it arouses the
audience when the ball would actually touch her private part. The defense set up by
Aparici was that she should not be criminally liable for as a matter of fact, she is better
dressed than the other dancers. The Supreme Court ruled that it is not only the display of
the body that gives it a depraved meaning but rather the movement of the body coupled
with the “tom-tom drums” as background. Nudity alone is not the real scale. (Reaction
Test)

Illustration:

A sidewalk vendor was arrested and prosecuted for violation of Article 201. It appears
that the fellow was selling a ballpen where one who buys the ballpen can peep into the
top of the pen and see a girl dancing in it. He put up the defense that he is not the
manufacturer and that he was merely selling it to earn a living. The fact of selling the
ballpen was being done at the expense of public morals. One does not have to be the
manufacturer to be criminally liable. This holds true for those printing or selling Playboy
Magazines.

The common concept of a vagrant is a person who loiters n public places without any
visible means of livelihood and without any lawful purpose.

While this may be the most common form of vagrancy, yet even millionaires or one who
has more that enough for his livelihood can commit vagrancy by habitually associating
with prostitutes, pimps, ruffians, or by habitually lodging in houses of ill-repute.

Vagrancy is not only a crime of the privileged or the poor. The law punishes the act
involved here as a stepping stone to the commission of other crimes. Without this article,
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law enforcers would have no way of checking a person loitering in the wrong place in the
wrong time. The purpose of the law is not simply to punish a person because he has no
means of livelihood; it is to prevent further criminality. Use this when someone loiters in
front of your house every night.

Any person found wandering in an estate belonging to another whether public or private
without any lawful purpose also commits vagrancy, unless his acts constitutes some other
crime in the Revised Penal Code.

Question & Answer

If a person is found wandering in an estate belonging to another, whether public

or private, without any lawful purpose, what other crimes may be committed?

When a person is apprehended loitering inside an estate belonging to another, the

following crimes may be committed:

(1) Trespass to property under Article 281 if the estate is fenced and there is a clear
prohibition against entering, but the offender entered without the consent of the
owner or overseer thereof. What is referred to here is estate, not dwelling.

(2) Attempted theft under Article 308, paragraph 3, if the estate is fenced and the
offender entered the same to hunt therein or fish from any waters therein or to
gather any farm products therein without the consent of the owner or overseer
thereof;

(3) Vagrancy under Article 202 if the estate is not fenced or there is no clear prohibition
against entering.

Prostitution and vagrancy are both punished by the same article, but prostitution can only
be committed by a woman.

The term prostitution is applicable to a woman who for profit or money habitually engages
in sexual or lascivious conduct. A man if he engages in the same conduct – sex for money
– is not a prostitute, but a vagrant.

In law the mere indulging in lascivious conduct habitually because of money or gain would
amount to prostitution, even if there is no sexual intercourse. Virginity is not a defense.
Habituality is the controlling factor; is has to be more than one time.

There cannot be prostitution by conspiracy. One who conspires with a woman in the
prostitution business like pimps, taxi drivers or solicitors of clients are guilty of the crime
under Article 341 for white slavery.