Module in Criminal Law Book 2

MODULE IN CRIMINAL LAW BOOK 2
MODULE 1
CRIMES AGAINST NATIONALITY SECURITY
National Security as a general term refers to the protection of a nation from attack or other danger
by holding adequate armed forces and guarding state secrets.
Article 114. Treason-

ELEMENTS:
1. The offender is a: a. Filipino citizen; b. Resident Alien
2. There is a war in which the Philippines is involved
3. The offender either :
a. Levies war against the government or
b. Adheres to the enemies, giving them aid or comfort within the Philippines or elsewhere (intent to
betray)
Treason- A breach of allegiance to a government committed by a person who owes allegiance to

it
Two Ways of Proving Treason:

1. Testimony of at least 2 witnesses to the same overt act (2 witness rule); or
2. Confession of the accused n open court.
Other crime: Conspiracy and proposal to commit treason.
Article 116. Misprision of Treason. –

Elements:
1. The offender owes allegiance to the Government, and not foreigner (and not a resident alien;
2. He has knowledge of conspiracy to commit treason against the government;
3. He conceals or does not disclose and make known the same as soon as possible to
The governor or fiscal of the province in which he resides, or
The mayor or fiscal of the city in which he resides
Note: A person accused of Misprision of Treason is an accessory to the crime of Treason. This is
an example of a crime by omission
N.B. An alien is not covered by this provision unlike of prision unlike in the crime of Treason when
even a foreigner may be liable.
Article 117 Espionage-

Elements of 1st paragraph:
1. The offender enters a Warship,fort, or
naval or military establishment or reservation
2. That he has no authority therefore:
3. Purpose of entry: to obtain, information, plans, photos
data
4. Of a confidential nature relative to Philippines defense.
Elements of 2nd paragraph:

1. The offender is a public officers
2. He has in his possessions: information, photos, plans
data- of a confidential nature relative to Philippine defense by reason of public office held:
3. He discloses its contents to the representatives of a foreign nations
Distinction between Espionage and Treason:
Espionage Treason
Committed both in time of war and peace Only in times of war
Committed in many ways under Committed in two ways
Commonwealth Act (C.A) 616 a. war
b. Adhering to the enemy giving aid or
comfort
Article 118. Inciting to war or giving motives for reprisals.

Elements:
1. The offender performs unlawful or unauthorized acts.
2 The acts provoke or give occasion for:
A war involving or liable to involve the Philippines; or
Exposure of Filipino Citizens to reprisal on their persons or property
Article 119.Violation of neutrality.

Elements:
1. There is war in which the Philippines is not involved
2. There is a regulation issued by a competent authority to enforce neutrality
3. The offender violates the regulation
Art. 120. Correspondence with hostile country.

ELEMENTS:
1.It is in time of war in which the Philippines is involved
2. The offender makes correspondence with an enemy country or territory occupied by enemy
troops
3. The correspondence is either-
a. Prohibited by the Government (even if correspondence contains innocent matters)-
b. Carried on in ciphers or conventional signs (prohibition by the Government is not essential)-
c. Containing notice or information which might be useful to the enemy (prohibition by the
Government is not essential)
Art. 121. Flight to enemy’s country.

1. There is a war in which the Philippines is involved
2. The offender must be owing allegiance to the Government
3. The offender attempts to flee or go to enemy country
4. Going to enemy country is prohibited by competent authority
Art. 122. Piracy in general and mutiny on the high seas.

Elements:
1. The vessel is on the high seas or Philippine water
2. The offender is not a Member of its complement or
Passenger of the vessel
3. The offender: attack or seize the whole or part of the cargo, or its equipment, or personal
belongings of the crew or passenger
4. There is intent to gain
PIRACY –robbery or forcible depredation on the high seas, without lawful authority and done with
animo furandiand in the spirit and intention of universal hostility
Amino furandi- intent to steal, to feloniously deprive the owner permanently of his property
May now even be committed NOT only in the high seas but also within the Philippines territorial
waters by reason of Presidential Decree (P.D) 532
VESSEL –any vessel or watercraft used for transport of passengers and cargo from one place to
another through Philippine waters. It shall include all kinds and types of vessels or boats used in
fishing
HIGH SEAS- refers to the body of water outside of the territorial waters of the Philippines. This is
also referred to as INTERNATIONAL WATERS. International seas are not under the territorial
jurisdiction of any country
- Refers to that body of water beyond the twelve- mile limit of our jurisdiction
- Thus, it can be easily understood that piracy under the RPC begins where piracy under P.D 532
ends.
PHILIPPINE WATERS – refer to all bodies of water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of
its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic
or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas
over which the Philippines has sovereignty or jurisdiction
OFFENDER TERRITORIAL CRIME
JURISDICTION COMMITTED
If passenger or complement/ Within the Philippine Waters PIRACY UNDER P.D 532
complement/crew Outside the Philippine Water Robbery in the High Seas
If a stranger to the Within the Philippine Waters PIRACY UNDER P.D. 532
The vessel Outside the Philippine Water PIRACY UNDER THE RPC
What is the effect if Republic Act (R.A) 7659 to Presidential Decree (P.D.) 532 and Article 122,
RPC?
Republic Act 7659 neither superseded nor amended the provisions on piracy under Presidential
Decree 532. Piracy under Article 122 of the Revised Penal Code, as amended, and piracy under
Presidential Decree 532 exist harmoniously as separate laws (People vs Tulin, 364 SCRA 10)
Will it affect the required territorial jurisdiction if the seized cargoes be disposed by pirates outside
of the Philippine territory
Although Presidential Decree 532 requires that the attack and seizure of the vessel and its cargo
be committed in Philippines waters the disposition by the pirates of the vessel and its cargo is still
deemed part of piracy, hence the same need no to be committed in Philippines waters.
May a person who committed the act of then Philippine territory be properly charged in the
Philippines
Piracy falls under Title One of Book Two of the Revised Penal Code. And a such, is an exception to
the rule on territoriality in criminal law. It is like settled as regardless of the law penalizing the same
in as much as piracy is a reprehensible crime against the whole world.
This is so because pirates are in law hostes humani generis. Piracy is a crime not against a
particular state but against humanity. It may be punished in any country where the offender may
be found or into which he may be carried. The jurisdiction of piracy unlike all other crimes has no
territorial limits. For this reason, piracy as a crime against the law of the nations is one of the
exceptions in territorial applications of Criminal Law as you may recall in Art. 2 Book 1 of the
R.P.C., par (e)
Three kinds of piracy

1. Piracy in the high seas punished by the RPC
2. Piracy in the Philippine Waters Punished In P.D. 532; AND
3. AIR PIRACY PUNISHED IN R.A 6235
R.A 6235
For aircrafts of Philippine registry:
Elements:
1. The aircraft is of Philippine Registry
2. Any person compels a change in the course or destination of the aircraft, or seizes or usurps the
control thereof
3. The aircraft is in flight
For aircraft of foreign registry

Elements:
1. The aircraft is of foreign registry
2. Any person compels a change in the course or destination of the aircraft, or seizes or usurps the
control thereof while in Philippine Territory
MUTINY – the unlawful resistance to a superior officer, or the raising of commotions and

disturbances on board a ship against the authority of its commander.
Elements of Mutiny:
1. The vessel is on the high seas or Philippine waters
2. The offenders are member of its complement or passengers of the vessel
3. The offenders attack or seize the vessel, or seize the whole or part of the cargo, or its
equipments, or personal belongings of the crew or passengers
Distinction between Piracy and mutiny

PIRACY MUTINY
Committed by strangers Committed by members of the Complement
Intent to gain Usurpation of command or intent to ignore
the ship officers or simply the desire to
commit plunder
Art. 123. Qualified piracy.—

Elements
1. The vessel is on the high seas or Philippine waters
2. The offender may or may not be members of its complement or passenger of the vessel
3. The offenders attack or seize the vessel, or seize the whole, or its equipment, or personal
belongings of the crew or passengers
4. The preceding were committed under any of the following circumstances:
a. Whenever they have seized a vessel by boarding or firing upon the same, or
b. Whenever the pirates have abandoned their victims without means of saving themselves or
c. Whenever the crime is accompanied by: MURDER, Physical injuries, Homicide or Rape
The offender may or may not be passengers of the vessel since the article speaks of offenders
mentioned in Article 122. Which includes mutiny. In mutiny, the offenders are necessarily
passengers or members of the crew or complement
Exercise No. 1
Student’s Name:
Year and Section:
Instructor:
Date Submitted:
1. In your own words, differentiate treason from espionage.
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2. Distinguish piracy under Article 122 and Piracy under PD 532.
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3. Cite a scenario of Qualified Piracy.
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4. In a nutshell, explain air piracy.
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5. Expound the concept of Mutiny.
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Exercise No. 2
Student’s Name:
Year and Section:
Instructor:
Date Submitted:
I. Direction. Encircle the letter of the correct answer.
1. The elements of treason are following except:
a. That the offender owes allegiance to the government of the Philippines.
b. That there is a war in which the Philippines is not involved.
c. That the offender either levies war against the government or adheres to the enemy, giving them
aid or comfort.
d. None of them
2. Which of the following is not an element of Misprision of Treason?
A. The Offender must be owing allegiance to government;
B. He has knowledge of any conspiracy to commit treason;
C. he conceals or does not disclose it to the Governor;
D. This crime applies to foreigner.
3. A person not being a member of vessel complement nor a passenger, shall seize the whole or
part of the cargo of said vessel, its equipment or passengers can be charged with ______.
A. Treason C. Espionage
B. Piracy D. Mutiny
4. It is committed by unlawful resistance to a superior officer or the raining of commotion or
disturbances on board a ship against the authority of its commander.
A. Treason C. Espionage
B. Piracy D. Mutiny
5. Misprision of treason by nature constitutes as ___________.
A. Commission C. Omission
B. Overt Act D. Breach of allegiance
6. It refers to the gathering transmitting or losing information relative to national defense with intent
to be used to the injury of the Republic of the Philippines
a. Treason c. Espionage
b. Conspiracy to commit treason d. Misprision of treason
7. It is forcible depredation of the high seas without lawful authority and done with animo furandi,
and in the spirit and intention of universal hostility
a. Mutiny c. Piracy
b. Espionage d. Espionage
8. It refers to resistance to a superior officer, or the raising of commotions and disturbance on
board a ship against the authority of the commander.
a. Mutiny c. Piracy
b. Espionage d. Sedition
9. Refers to the obligation of obedience and fidelity which a person owes the government under
which they live, in return for protection they receive.
a. Loyalty b. Allegiance
c. Sovereignty d. Adherence
10. Some Filipinos boarded a vessel bearing the flag of China while in the Indonesian waters and
took the personal belongings there from. These Filipinos were arrested in the Philippines. May the
Philippine criminal law on piracy be applicable?
a. No, because the crime was committed in Indonesia
b. Yes, since the offenders are Filipinos.
c. Yes, since piracy is considered a crime against humanity
d. No, because piracy was committed against a Chinese vessel
MODULE 2
CRIME AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Art. 124. Arbitrary detention.
ELEMENTS
1. Offender is a public officer or employee
2. He detains a person
3. Detention is without legal grounds
Legal ground for detention:

1. in flagrante Delicto Arrest
2. Hot Pursuit
3. Escapee
Public Officers do not include all public officers as mentioned in Article 203 of the Revised Penal
Code, but only those who are authorized by law to effect arrest or detention of person or the
enforcement of the law violated- that is of Article 152
DETENTION- simply means the deprivation of liberty or freedom of movement or locomotion

-An arrest constitutes arbitrary detention if done without warrant and not based on any legal ground
Other Related Crimes:

- Serious Illegal Detention (267) or Slight Illegal Detention- if committed by private individual or a
public officer without authority.
- Unlawful Arrest (269)- arrest is without warrant and without legal ground and for the purpose of
delivering the person arrested to proper authorities
ARBITRARY DETENTION ILLEGAL DETENTION

Offender is a public officer vested with The offender is a private individual
authority to detain a person
Private person who conspired with a public Public officers who are not authorized to
officers in committing Arbitrary Detention; or arrest, or are acting in a private capacity
a public officer not authorized to arrest,
conspires with a public officer in committing
Arbitrary Detention
Offender detains a person without legal Offender unlawfully kidnaps, detains or
ground otherwise deprives a person of his liberty.
ARBITRARY DETENTION Unlawful Arrest
Offender is “ANY” persons; but generally Offender is a public officer authorized to
committed by a public officer especially a make arrest or a private individual
policeman
Main reason is to deny him of his liberty Purpose is to accuse the victim of a crime he
did not commit to deliver him to the proper
authority, to file the necessary charges to
INCRIMINATE him.
What is the penalty of Arbitrary Detention?

The penalty shall depend on the length of time that the offender party was detained without legal
grounds as provided under Article 124, RPC.
Art. 125. Delay in the delivery of detained persons to the proper judicial authorities.
ELEMENTS
1. The offender is a public officer or employee;
2. He has detained a person for some legal ground
3. He fails to deliver such person to the proper judicial authorities within
a. 12 hours, for crimes or offenses punishable by light penalties, or their equivalent;
b. 18 hours, for crimes or offenses punishable by correctional penalties, or their equivalent;
c. 36 hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent
CONCEPT OF THIS PROVISION”
The arrest and detention here is legal in the beginning because of some legal grounds as
discussed in the last paragraph of Article 124, RPC, and becomes illegal only because the
arresting officer fails to deliver the person arrested or detained to the proper judicial authorities
within the prescribed period.
To deliver such person arrested without a warrant- means the filing of information or complaint
charging the person arrest of the crime committed within the reglementary period (12,18,36 hours)
it is not physical or bodily delivery of the person to the proper judicial authorities
“PROPER JUDICIAL AUTHORITIES” – the courts of justice or judges of said courts vested with
judicial power to order the temporary detention or confinement of a person charged with having
committed a public offense, that is, the “Supreme Court
Is the Prosecutor or Fiscal considered as judicial authorities?
No, the fiscal or the prosecutor is not referred to here as the proper judicial authorities
Why is the office of the prosecutor not included among those considered as proper judicial
authorities?
It is because the person here was arrested without a warrant although there could probably be a
legal ground for his detention. That is why in conjunction with Rule 112, Section 7 of the Rules of
Court, It is required that upon the arrest made without warrant , an INQUEST IS TO BE
CONDUCTED. The purpose of inquest proceeding is to determine two (2) things:
1. To determine whether or not the warrantless arrest made is valid- That is the arrest is with legal
ground and in accord with Section 5, Rule 113 of the Rules of Court
2. To determine whether or not there is probable cause- that is the suspect is probably guilty of the
crime of which he was arrest for, for the filing of the information in Court as provided under Section
1, Rule 112 of the Rules of court
ESSENCE OF VIOLATION OF THIS PROVISION

It is the failure in the filing of the information in court within the prescribed period as provided herein
that is the essence of this article.
As a rule, it is the arresting police officer who may held liable in violation of this provision. In some
instances, a public prosecutor may be liable also if it can be proven that the reason for the
continuing detention of the person arrested without a warrant is due to his command or influence.
(Article 17, (2), Principal by Inducement or Induction)
Art. 126. Delaying release

Elements:
1. The offender is a public officer or employee (i.e warden, jail guards, or any person who is in
custody of prisoner)
2. There is
- a court or presidential pardon for the release of a prisoner or detention prisoner, or
- a proceeding upon a petition for the liberation of such person
3. The offender without good reason delays:
-The service of the notice of such order for the release of the prisoner, or
- The performance of such judicial or executive order for the release of a prisoner, or
- The proceedings upon a petition for the release of such person
Article 124, 125 and 126 are ARBITRARY DETENTION. Their penalty shall be based on the
penalty imposed under Article 124.
Art. 127. Expulsion.

ELEMENTS
1)The offender is a public officer or employee
2)He expels any person from the Philippines, or compels a person to change his residence
3)The offender is not authorized to do so by law
This is based on the Constitutional Provision on the BILL OF RIGHTS which provides that “The
liberty of abode and of changing the same within the limits prescribed by law shall not be impaired
except upon lawful order of the court. Neither shall the right to travel be impaired except in the
interest of national security, public safety, or public health, as may be provided by law..” (Article III,
section 6) Also relevant are the cases of Villavicencio vs. Lukban (G.R. L- 14639 March 25, 1919
and Marcos vs Manglapus (G.r 88211) October 27,1989)
Art. 128. Violation of domicile.

ELEMENTS
1)Offender is a public officer or employee
2) He is not authorized by judicial order to enter the dwelling and/or to make a search therein for
papers and other effects
3. He committed any of the following
-Enters the dwelling against the will of the owner there of; or
-Searches the paper or other effects found therein without the previous consent of such owner, or
-Refuses to leave the premises, after having surreptitiously entered said dwelling and after having
been requested to leave the same.
Other possible crimes to be committed:

-Qualified Trespass to Dwelling- if committed by private individual.
-Unjust Vexation- if the entry is not surreptitious- that is the entry is without consent only when
requested to leave, refuses to do so
Art. 129. Search warrants maliciously obtained and abuse in the service of those legally
obtained.-
TWO WAYS OF COMMITTING ARTICLE 129:
(1) Procuring A Search Warrant Without Just Cause
Elements
1. The offender is a public officer or employee
2. He procures a search warrant
3. There is no just cause
In addition, offender may be held liable for perjury
(2) Abuse In The Service of Search Warrants Legally Obtained

Elements
2. He procures a search warrant legally
3. He either:
-Exceeds his authority, or
-Uses unnecessary severity in executing the search warrant
In addition, the offender may be held liable for malicious mischief, or robbery.
Art. 130. Searching domicile without witnesses.

ELEMENTS
The offender is a public officer or employee
2)He is armed with search warrant legally procured
3)He searches the domicile, papers, or other belongings of any person
4)The following are not present: The owner,
or any member of his family, or two witnesses residing in the same locality are not present
Art. 131. Prohibition, interruption and dissolution of peaceful meetings.

Elements:
2. He performs any of the following acts:
a)By prohibiting or by interrupting, without legal ground the holding of a peaceful meeting, or by
dissolving the same, or
b) By hindering any person
-From joining any lawful association or
-From attending any of its meetings, or by prohibiting or hindering any person from, addressing,
either alone or together with others, any petition to the authorities for the correction of abuses or
redress of grievances
Prohibiting a peaceful meeting.

Elements:
1. The meeting is peaceful
2. There is no legal ground to prohibit, interrupt, or dissolve the meeting
3. There must be deliberate intent to hurt the feelings of the faithful
Art. 132. Interruption of religious worship

ELEMENTS
2)Religious ceremonies or manifestations of any religion are about to take place or are going on
3)he offender prevents or disturbs the same
Note: Other possible Crimes

Tumults and Other Disturbances of Public Order (Art 153) is applied if the offender is a private
individual, or if committed by public officers, there are participants therein. Otherwise, Articles 131
and 132 shall apply.
Art. 133. Offending the religious feelings-

ELEMENTS
1)The acts complained of were performed
- in a place devoted to religious worship, or
- during the celebration of any religious ceremony
2)The acts must be notoriously offensive to the feelings of the faithful
Notoriously Offensive Acts- Those directly against religious veneration
Exercise No. 1
Student’s Name:
Year and Section:
Instructor:
Date Submitted:
1. Differentiate arbitrary detention from illegal detention. .

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2. How does “delay of delivery of detained person” committed?
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3. Explain the crime “offending religious feelings”.
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4. Distinguish violation of domicile from qualified trespass to dwelling.
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5. How does expulsion is committed?
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Exercise No. 2
Student’s Name:
Year and Section:
Instructor:
Date Submitted:
1. A Barangay Chairman detains a person without legal ground (based on strong suspicion only).
The Barangay Chairman is liable for?
A. Unlawful arrest C. Arbitrary detention
B. Illegal arrest D. Delay of Delivery
2. Curry deprived Paul of his liberty. Curry is a private individual. Paul is a public officer. The
investigation revealed that deprivation of liberty is without legal ground and the purpose of Curry is
to bring Paul to proper authorities. What is the crime committed by Curry?
A. Illegal Detention C. Arbitrary Detention
B. Unlawful Arrest D. Serious Illegal Detention
3. A private individual who detains a person not exceeding 3 days is liable for ____.
A. Arbitrary detention C. Kidnapping
B. Serious illegal detention D. Slight illegal detention
4. The following are legal grounds for detention, except:
a. Commission of a crime c. Ailment requiring compulsory confinement
b. Violent insanity d. Suspected of committing a crime
5. It is the unauthorized act of a public officer who compels a person to change his residence
a. Violation of domicile c. Trespass to dwelling
b. Arbitrary detention d. Expulsion
6. A public officer who enters the dwelling of a person, without being authorized by judicial order
against the will of the owner thereof may be held liable for_
b. Arbitrary detention d. Expulsion
7. To avoid being charge with delay in the delivery of persons to proper judicial authorities, a
person caught in the act of committing a felony punishable by penalties which are correctional in
nature must be delivered to said authorities within how many hours?
a. 12 c. 36
b. 18 d. 48
8. SPO4 Antazo entered the dwelling of Ms. Recto against the latter’s will search for unlicensed
firearm is liable for:
b. Expulsion d. Abuse of authority
9. In Bulacan, Rev. Villanueva with intentin to perform a religious ceremony, was prevented by
police officers by making actual threats from foing to church, as a result the ceremony not
celebrated, the policeman are liable for:
a. Interruption of religious worship
b. Offending religious feeling
c. Grave coercion
d. Grave threats
10. Eddie remarked that the Pope was Satan and that those who believe in him are demons is
liable for:
a. Interruption of religious worship
b. Offending religious feeling
c. Slander
d. Libel
MODULE 3
CRIMES AGAINST PUBLIC ORDER
Art. 134. Rebellion or insurrection;-

ELEMENTS
1)There be (a) public uprising, and (b) taking arms against the Government|
2)The purpose of the uprising or movement is either
a)To remove from allegiance to said Government or its laws:
1)The territory of the Philippines or any part thereof; or
2)Any body of land, naval or other armed forces
b)To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or
prerogative
REBELLION TREASON
Levying war vs. the government during Levying war vs. the government to aid the
peacetime for any purpose enemy
Committed by taking up arms vs. The Committed by mere adherence to the
government enemy, giving him and comfort
Note: REBELLION is a Crime Against Public Order while SUBVERSION is a Crime Against
National Security>
The Supreme Court held that therer is no complex crime of rebellions with murder and other
common crimes
The court has stated as follows

Being within the purview of “engaging in war” and “committing serious violence” said resort to arms,
with the resulting impairments of destruction of life and property. Constitutes not two or more
offense but only one crime- that rebellion plain and simple (People vs. Hernandez, 99 PHIL, 515)
Article 134-A. Coup d'etat;

Elements:
1. Swift attack accompanied by (V I T S S): -Violence, Intimidation, Threat, Strategy, or Stealth
2. Directed against:
-Duly constituted authorities of the Philippines, or
-Any military camp or installation, or
- Any communications networks, or
- Public utilities, or
-Other facilities needed for exercise and
- Continued possession of power
3. Singly or simultaneously carried out anywhere in the Philippines
4. By any person/s belonging to:
-The military, or
-The police, or
-Any public officer or employee
5. With or without civilian support or participation
6. Purpose: to seize or diminish state power
Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection
— Elements:
1. A person who decides to rise publicly and take arms against the government for any of the purposes of rebellion,
or
2. Proposes its execution to others
Art. 137. Disloyalty of public officers or employees

Elements:
2. He commits any of the following acts:
a. He fails to resist a rebellion by all means in their power, or
b. He continues to discharge the duties of their offices under the control of the rebels, or
c. He accepts appointment to office under them.
Art. 138. Inciting a rebellion or insurrection-

ELEMENTS
1)The offender does not take arms or s not in open hostility against the Government
2)He incites others to the execution of any of the acts of rebellion’
3)The inciting is done by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end
Art. 139. Sedition

ELEMENTS
1)The offenders rise: (a) publicly and (b) tumultuously
2)They employ force, intimidation, or by other means outside of legal methods
3)The offenders employ any of those means to attain any of the following objects:
a)To prevent
-the promulgation or execution of any law or
-the holding of any popular election;
b)To prevent
-the National Government, or
-any provincial or municipal government or
-any public officer thereof from freely exercising its or his functions, or prevent the execution of any
administrative order;
c)To inflict any act of hate or revenge upon the person or property of any public officer oremployee;
d)To commit, for any political or social end, any act of hate or revenge against private personsor
any social class; and
e)To despoil, for any political or social end, any
person,
municipality or province, or
the National Government of all its property or any part thereof
While like in rebellion, there is public uprising, in sedition, there is no taking up of arms against the
government although the public uprising must be tumultuous meaning committed by at least four
(4) persons
Art. 141. Conspiracy to commit sedition.—

Elements:
1. There is an agreement or decision to rise publicly and tumultuously
2. To attain of the objects of sedition
Art. 142. Inciting to sedition

ELEMENTS
1)The offender does not take any direct part in the crime of sedition
2)He incites others to the accomplishment of any of the acts which constitute sedition
3)The inciting is done by means of speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same end
Two Rules Relative to sedition

1)The Clear and Present Danger Rule-The words must be of such a nature that by uttering them
there is a danger of public uprising and that such danger should be both clear and imminent
2)The Dangerous Tendency Rule-If the words used tend to create a danger of public uprising,
then those words could properly be the subject of a penal clause
Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies.—
ELEMENTS
1)There be a projected or actual meeting of the National Assembly (Congress of the Philippines) or
of 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)The offender who may be any person who prevents such meeting by force or fraud
Art. 144. Disturbance of proceedings.

ELEMENTS
1)There be a meeting of the National Assembly or of 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)The offender does any of the following acts:
a)Disturbs any of such meetings
b)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
Art. 145. Violation of parliamentary immunity.

Type A ELEMENTS
1)The offender uses force, intimidation, threats or fraud
2)The purpose of the offender is to prevent any member of the National Assembly from
a) attending the meetings of the Assembly or of any of its committees or constitutional
commissions, etc.
b) expressing his opinions
c) casting his vote
TYPE B Elements:
2)He arrests or searches any member of the National Assembly
3)The Assembly, 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
Art. 146. Illegal assemblies.—

TYPE A Elements
a)There is a meeting, a gathering or group of persons, whether in a fixed place or moving
b)The meeting is attended by armed persons
c)The purpose of the meeting is to commit any of the crimes punishable by the RPC.
TYPE B Elements
a)There is a meeting,a gathering or group of persons,
-Whether in a fixed place or moving
b)The audience, whether armed or not, is incited to the commission of the crime of treason,
rebellion or insurrection,
sedition or direct assault
Note: No illegal assembly if the offense is punishable by a special law
Art. 147. Illegal associations.—

Elements:
1. Founder, directors, presidents and members of associations
2. Totally or partially organized for the purpose of
a. Committing any of the crimes punishable under this Code or
b. For some purpose, contrary to public morals
ILLEGAL ASSOCIATION ILLEGAL ASSEMBLY

It is not necessary that there be an actual It is necessary that there is an actual meeting
meeting or assembly of armed person
It is the act of forming or organizing, or It is the meeting or attendance at such
membership in the association that are meeting or assembly that are punished
punished
In illegal Assemblies. The person to be punished are the

1. Organizers/leaders
2. Person present of/ at any meeting attended by armed persons for the purpose of committing any
crime under the RPC
-The possession of unlicensed firearms creates a prima facie presumption that the person carrying
such is the leader/organizer of the assembly and of conspiracy
In Illegal Associations. The persons to be punished are the:

1. Founder
2. Directors
3. Presidents
4. Members of association totally or partially organized for the purpose of committing any of the
crimes under the RPC.
Art. 148. Direct assaults.—

TYPE A Elements:
1.Offender employs force or intimidation
2.The aim of the offender is to attain
a. any of the purposes of rebellion or;
b. Any of the objects of sedition
TYPE B Elements:
1)The offender
(a) makes an attack,
(b) employs force,
(c) makes a serious intimidation or
(d)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
(a) is engaged in the actual performance of official duties, or that he is assaulted,
(b) by reason of the past performance of official duties
4)The 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
Where a barangay chief tanod was a mere bystander at the crime scene. He was not acting and
had no occasion to act, in the performance of his official duties, the attack on him did not amount to
any direct assault. On the other hand, an attack on the barangay Captain, a person in authority,
amounts to qualified direct assautl where he was attacked on the occasion of the performance of
his duty (People vs. Recto, 367 SCRA 390)
In short, for violation of this provision the public officer concerned must be engaged in the
performance of his official duties or the attack upon himself must be on occasion thereof
Qualifying Circumstances in Terms of Penalties

a. When the assault is committed with a weapon or
b. When the offender is a public officer or employee, or
c. When the offender lays hands upon a person in authority
-A person in authority or his agent is the victim of the forms of direct assault (Art. 148)
Art. 149. Indirect assaults.—

ELEMENTS:
1. A Person who comes to the aid of such authority or agent
2Offender makes use of force or intimidation upon such person coming to the aid of the authority or
his agent
Art. 150. Disobedience to summons issued by the National Assembly, its committees
orsubcommittees, by the Constitutional Commissions, its committees, subcommittees or
divisions.—
ACTS PUNISHED
1)By refusing, without legal excuse, to obey summons of the
-National Assembly,
-its special or standing committees or subcommittees,
-the Constitutional Commissions and its committees, sub committees 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.
4)By restraining another from attending as a witness in such legislative or constitutional body
5)By inducing disobedience to a summon or refusal to be sworn by any such body or official
Art. 151. Resistance and disobedience to a person in authority or the agents of such person.
—
TYPE A: Elements
1)A person in authority or his agent is engaged in the performance of official duty or gives a lawful
order to the offender.
2)The offender resists or seriously disobeys such person in authority or his agent
3)The act of the offender is not included in the provisions of Articles 148, 149 and 150
TYPE B ELEMENTS
1)An agent of a person In authority is engaged in the performance of official duty or gives a lawful
order to the offender
2)Offender disobeys such agent of a person in authority
3)Such disobedience is not of a serious nature
DIRECT ASSAULT RESISTANCE/SERIOUS DISOBEDIENCE

PIA or his agent must be engaged in the PIA or his agent must be in the “actual”
performance of his official duties or that he is performance of his duties
assaulted by reason thereof
(Second Form) is committed in four ways: Committed only by resisting or seriously
one of them is :serious resistance” disobeying a PIA or his agent
In the case of agent of the PIA “serious force” Force is employed, but the use of force is not
is employed serious as there is no manifest intention to
defy the law and the officers enforcing it
Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as
such.—
A person in authority- is any person directly vested with jurisdiction whether as an individual or as
a member of some court or governmental corporation board or commission.
Includes:
1. Barangay Chairman
In applying Articles 148 and 151,

1. Teacher
2. Professors
3. Persons charge with the supervision of public or duty recognized private schools, colleges and
universities
4. Lawyers in the actual performance of their professional duties or in the occasion of such
performance
Agent of a person in Authority

-A person who, by direct provision of law or by election or by appointment by competent authority is
charge with the maintenance of public order and protection and security of life and property such
as barangay kagawad, barangay tanod and barangay leader.
-Any person who comes to the aid of person in authority
Art. 153. Tumults and other Disturbance of Public Order,

Acts Punished:
Tumults- disturbance or interruption caused by more than three (3) persons who are armed or
provided with means of violence.
Art. 154. Unlawful use of means of publication and unlawful utterances.

1. By means of printing. Lithography, or any other means of publication
- Shall publish or cause to be published as news any false news
- Which may endanger the public order, or
- Cause damage to the interest or credit of the State
2. By means of printing, lithography, or any other means of publication or
- By words, utterance or speeches
-Shall encourage disobedience to the law or to:
- The constituted to the law or to:
i. The constituted authorities or
ii. Praise, justify, or extol any act punished by law
3. Maliciously publish or cause to be published
-Any official resolution or document without proper authority, or
-Before they have been punished officially, or
4. Print, publish or distribute or cause to be printed, published or distributed books, pamplets,
periodicals or leaflet which do not bear the real printer’s name, or which are classified as
anonymous.
Art. 155. Alarms and scandals.

The penalty of arresto menor or a fine not exceeding P200 pesos shall be imposed upon:
1. Any person who within any town or public place, shall discharge any firearm, rocket, firecracker,
orother explosives calculated to cause alarm or danger;
2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any other
nocturnalamusements, shall disturb the public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public
places, provided that the circumstances of the case shall not make the provisions of Article 153
applicable.
Art. 155. Alarm and Scandal

ACTS PUNISHED
1)discharging any
a. firearm,
b. rocket,
c. firecracker, or
d. other explosives within any town or public place, calculated to cause (which produces) alarm or
danger
2)instigating or taking an active part
a.in any charivari or other disorderly meeting
i. offensive to another or
ii. prejudicial to public tranquility
3)disturbing the public peace wandering about at night or while engaged in any other nocturnal
amusements
4)Causing any disturbances or scandal in public places while intoxicated, or otherwise, provided
that the circumstance of the case shall not make the provision of Article 153(tumults and other
disturbance)applicable
ALARM AND SCANDALS UNJUST VEXATION

Disturbance of public tranquility The annoyance is intended for a particular
person
Charivari- a mock serenade wherein the supposed serenaders use broken cans, broken pots,
bottles or other utensils, thereby creating a medley of discordant noise
Grave Scandal- if offensive to decency and good customs
CRIMES RELATED TO DISCHARGE OF FIREARMS

Alarms and Scandal If it is not directed to a particular person
Illegal Discharge of Firearms (Art, 254) If directed to a particular person but no intent
to kill
Attempted Homicide, Murder, or Parricide If directed against a person with intent to kill.
It is not necessary that the victim is wounded
or hit
Art. 156. Delivery of prisoners from jails.—

ELEMENTS
1.there is a person confined in jail or penal establishment
2. The offender( a public officer NOT in custody of the prisoner or a private individual; otherwise the
crime would be infidelity in the Custody of Prisoners under Articles 223-225)
a. Shall remove such person or
b. Shall help the escape of such person
3. By means of violence, intimidation or bribery.
NOTE:
-Offender may be held liable as ACCESSORY if he assists in the escape of the principal in crimes
of Treason, Murder, or Parricide (Article 19 (3))
- The prisoner is PRINCIPAL BY INDISPENSABLE COOPERATION in Article 156 if he conspired
with the offender.
- Bribery is not a separate offense because it is a means to commit it; it merely increases the
penalty
DIFFERENT CRIMES THAT MAY ARISE:

Infidelity in the Custody of prisoner *Custodian
Delivery of Prisoners from jail * Stranger or officer not in-charge
Evasion of service of sentence * Prisoner convicted by a final judgment
Note:
A detention prisoner who escapes is not liable
Art. 157. Evasion of service of sentence—
ELEMENTS
1)The offender is a convict by final judgment
2)He is serving his sentence which consists in deprivation of liberty
3)He evades the service of his sentence by escaping during the term of his sentence
Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations,

earthquakes, or other calamities—
ELEMENTS
1)The offender is a convict by final judgment, who is confined in a penal institution
2)That there is disorder resulting from
a)Conflagration
b)Earthquake
c)Explosion
d)Similar catastrophe
e)Mutiny in which he has not participated
3)The offender evades the service of his sentence by leaving the penal institution where he shall
have been confined, on the occasion of disorder or during the mutiny
4) The offender fails to give himself up to the authorities within forty-eight hours following the -
issuance of a proclamation by the Chief Executive announcing the passing away of such calamity
- Convicts who, under the circumstances mentioned in the preceding paragraph, shall give
themselves up to the authorities within the above-mentioned period of 48 hours, shall be entitled to
the deduction provided in Article 98
Art. 159. Other cases of evasion of service of sentence—

ELEMENTS:
1)The offender was a convict granted a conditional pardon by the Chief executive
2)He violated any of the conditions of such pardon
PENALTIES
1)Prision correcccional in its minimum period if penalty remitted does not exceed 6 years
2)Unexpired portion of his original sentence if penalty remitted is higher than 6 years
Art. 160. Commission of another crime during service of penalty imposed for another
offense; Penalty—
QUASI-RECIDIVISM –a special aggravating circumstance where a person, after having been
convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or
while serving the same. He shall be punished by the maximum period of the penalty prescribed by
law for the new felony.
ELEMENTS
1)The 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
Note:
-The offender shall be punished by the maximum period of the penalty prescribed by law for the
new offense
- It may also help to recall the provision of Book 1, RPC Article 14, par (9) on recidivism, par (10)
on reiteraction, and Art. 62, par (c) on habitual delinquency.
PARDON: Any convict of the class referred to in this Article, who is not habitual criminal shall be
pardoned at the age of seventy years
-if he shall already served out his original sentence, or
- when he shall complete it after reaching the said age UNLESS by reason of his conduct or other
circumstances, he shall not be worthy of such clemency.
Exercise No. 1
Student’s Name:
Year and Section:
Instructor:
Date Submitted:
1. Enumerate at least five (5) crimes against public order .

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2. Distinguish rebellion from sedition.
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3. Who are quasi-recidivist?
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4. Cite at least three (3) instances of alarm and scandal.
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5. Differentiate infidelity in the custody of prisoner from delivery of prisoners from jail.
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Exercise No. 2
Student’s Name:
Year and Section:
Instructor:
Date Submitted:
1. While armed with a valid search warrant legally obtained, P/ Insp. Chicano conducted the search
by themselves in the location specified but without the owner of the domicile or any other person.
What crime was committed?
a. Illegal search c. Searching domicile without witness
b. Violation of domicile d. None of the foregoing
2. After losing in a hotly contested election, Mr. X ordered his men to use arms to assault and
prevent the elected from the discharge of his duties, Mr. X may be liable for:
a. Rebellion b. Sedition
c. Coup d’ etat d. Insurgency
3. Jamboy a public school teacher, while eating in a local restaurant was at the same time
encoding the grades of his students, Carling a former student who was given a failing grade by
Jamboy saw him and punched him in the stomach. Carling may be held for:
a. Physical injuries b. Unjust vexation
c. Direct assault d. Indirect assault
4. A local sheriff while trying to enforce an eviction order was stabbed at the back Mr. H killing him
in the process, the former is liable for:
a. Homicide b. Murder
c. Direct assault d. Direct assault with murder
5. Who among the following may is not considered as a person in authority?
a. Teacher b. Municipal Mayor
c. Nurse d. policeman
6. During a military uprising aimed at ousting the duly constituted authorities and taking over the
government, General Tejero and his men forcibly took over the entire Rich Hotel which they used
as their base. They used the rooms and other facilities of the hotel, ate all the available food they
found, and detained some hotel guests. What crime did General Tejero and his men commit?
(A) Rebellion complexed with serious illegal detention and estafa. (C) Coup d'etat.
(B) Rebellion. (D) Terrorism.
7. It is committed by rising publicly and taking arms against the Government for the purpose of
removing from the allegiance to said Government or its laws, the territory of the Philippines.
A. Rebellion C. Coup d'etat
B. Sedition D. Treason
8. Ping a senator punch Joe a congressman, the latter filed criminal charges against Ping for
physical injuries; Ping was arrested by General Berroya while going to congress for a special
session, what crime was committed by the arresting officer?
a. Violation of domicile
b. Violation on parliamentary immunity
c. Unlawful arrest
d. None
9. PO2 Candelaria asked for assistance while being mobbed for arresting a popular criminal, three
persons assisted him but they were injured in the process, what crime was committed against the
three persons?
a. Direct assault b. Indirect assault
c. Physical injuries d. None of the foregoing
10. A in resistance to a body search laid hands upon a police officer, no apparent legal basis for
the search was given, what crime was committed by A?
a. Resistance and disobedience to a person in authority or the agents of that person
b. Direct assault
c. Indirect assault
d. None of the foregoing
MODULE 4
CRIMES AGAINST PUBLIC INTEREST
A r t . 1 6 1 . Counterfeiting the great seal of the Government of the Philippine Islands, Forging the
signature or stamp of the Chief Executive. —
Acts punished:
1 . F o r g i n g t h e G r e a t S e a l o f t h e G o v e r n m e n t o f t h e Philippines.
2.Forging the signature of the President.
3.Forging the stamp of the President
Other Possible crimes- Estafa- if the forging of the signature of the President is not in
relation to his office.
Art. 162. Using forged signature or counterfeit seal or stamp.

Elements
1. That the great seal of the republic was counterfeited or the signature or stamp of the chief
executive was forged by another person.
1. That the offender knew of the counterfeiting or forgery.
2. That he used the counterfeit seal or forged signature or stamp.
3. Offender is NOT the forger/not the cause of the counterfeiting
Art. 163. Making and importing and uttering false coins. — Any person who makes, imports, or
utters, false coins, in connivance with counterfeiters, or importers, shall suffer:
1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000 pesos, if
the counterfeited coin be silver coin of the Philippines or coin of the Central Bank of the Philippines
of ten centavo denomination or above.
2. Prision correccional in its minimum and medium periods and a fine of not to exceed P2,000
pesos, if the counterfeited coins be any of the minor coinage of the Philippines or of the Central
Bank of the Philippines below ten-centavo denomination.
3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if the
counterfeited coin be currency of a foreign country. (As amended by R.A. No. 4202, approved
June 19, 1965).
Making and Importing and uttering False Coins.
That there be false or counterfeited coins (need not be legal tender).

That the offender either made, imported or uttered such coins.
In case of uttering such false or counterfeited coins, he connives with counterfeiters or importers.
1.Kinds of Coins of the Republic of the Philippines or Central Bank Coin

2. Coin of minor coinage of Republic of the Philippines or Central Bank
3. Coin of the currency of a foreign country (even if not current)
Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. —

Elements:
1. Mutilate coins of the legal currency of the Philippines
- with intent to damage or defraud another or
2. Import or utter mutilated current coins in connivance with mutilator
P.D 247- Defacement, Mutilation, Tearing, Burning or Destroying CB 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 CB
Art. 165. Selling of false or mutilated coin, without connivance. —

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. That the offender knows that any of those instruments is forged or falsified.
3. That he performs any of these acts –
1. Uses
2. Possess with intent to use
Art. 169. How forgery is committed. —

Elements:
1. by giving to a. a treasury or b. bank note or c. any instrument payable to bearer or to order, the
appearance of a true and genuine document
2. by E S C A
a. erasing,
b. substituting,
c. counterfeiting,
d. altering by any means the figures, letters or words, or signs contained therein
How is forgery proven in court?
As a rule forgery cannot be presumed and must proved by clear positive and convincing evidence.
The burden of proof lies on the party alleging forgery.
A claim of forgery cannot be accepted where no comparison of a party’s signature was made and
no witness (save for the party herself was presented to testify on the same (Ladignon vs Court of
appeals, 336 SCRA 42)
Forgery cannot be presume- it must be proved by clear, positive and convicing evidence . Whoever
alleges it has the burden of proving the same (Cogtong vs. Kyoritsu International, Inc., 528 SCRA
330)
Art. 170. Falsification of legislative documents.

Elements:
1. That these be a bill, resolution or ordinance enacted or approved or pending approval by the
national assembly or any provincial board or municipal council.
2.That the offender (any person) alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the document.
Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister. —

Elements:
1.That the offender is a public officer, employee, or notary public.

2.That he takes advantage of his official position.
- if not apply Article 172(1) or Article 14(1) as an aggravating circumstance
-The public Officer Employee or Notary Public must have participation, preparation or custody of
the document falsified
That he falsifies a document by committing any of the following acts:
1.Counterfeiting or imitating any handwriting, signature or rubric.
2. Causing it to appear that persons have participated in any act of proceeding when they did not
in fact so participate;
3.Attributing to persons who have participated in any act of proceeding when they did not in fact
so participate
4. Making untruthful statements in a narration of facts;
5. Altering true dates:
6. Making any Alteration or intercalation in a genuine document which changes its meaning
-The change made the document reflect something false.
7. Issuing in authenticated form
-A documented purported to be a copy of an original document when no such original exists, or
- Including in such copy a statement contrary to or different from, that of the genuine original; or
8. Intercalating- any instrument or note relative to the issuance thereof in a protocol, registry, or
official book
- In case the offender is an ecclesiastical minister
- With respect to any record or document of such character
-That its falsification may affect the civil status of persons.
Other Crimes that may be committed:
- (Complex Crime) Estafa Thru Falsification of Public or Commercial Document

- no common element of “Damage”
- can also be committed with theft or malversation
-(No complex Crime) Estafa or Falsification of private Document

- common element of “damage” exists
Estafa- if it can be perpetrated even without resulting to falsification

Falsification- if estafa could not be perpetuated without falsification of document
Art. 172. Falsification by private individual and use of falsified documents.

Elements
TYPE A
1. That the offender is
a private individual or a
b. 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 exchange
Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said
falsified messages. ELEMENTS:
1. Falsification of wireless, telegraph or telephone messages
- The offender is an officer or employee of
a. the government or an officer or employee of
b. a private corporation, engaged in the service of sending or receiving wireless, cable or telephone
message.
C. He falsified said message
2. Utter fictitious wireless, telegraph or telephone message
-Accused knew that such message was falsified by an officer or employee of
a. The government or
b. A private corporation engaged in the service of sending or receiving wireless, cable or telephone
messages
- He used such falsification dispatch and it resulted in the prejudice of a third person or at least
there was an intent to cause such prejudice.
Art. 174. False medical certificates, false certificates of merits or service, etc. —
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR SERVICE AND
THE LIKE:
Persons liable:
1.Physician or surgeon- who, in connection with the practice of his profession, issued a false
certificate
2. Public officer- who issued a false certificate of merit of service, good conduct or similar
circumstances
3. Private Person- falsify a certificate falling within the classes mentioned in the next preceding
subdivision
Art. 175. Using false certificates. —

Art. 177. Usurpation of authority or official functions. —Elements:
Usurpation of authority
1. Any person
2. Knowingly and falsely represents himself to be an
a. Officer
b. Agent or
c. Representative of any department of agency of
i. The Philippine government or of
ii. Any foreign government
Usurpation of official Functions:

By performing any act pertaining to any person in authority of public officer of the Philippine
Government of any foreign government or any agency thereof.
1. Under the pretense of official position
2. Without being lawfully entitle to do so
Art. 178. Using fictitious name and concealing true name.

ELEMENTS (using fictitious name) :
1.That the offender uses a name other than his real name.
2.That he uses that fictitious name publicly.
3.That the purpose of the offender is –
-To conceal a crime,
-To evade the execution of a judgment, or
-To cause damage to public interest
Other Possible Crimes: Estafa (Article 315[2a])- if there is damage to private interest
Concealing True Name

1.that the offender conceals –
a. his true name, and
b. other personal circumstances.
2. The purpose is only to conceal his identity.
Art. 179. Illegal use of uniforms or insignia. —

ELEMENTS:
1. The offender makes use of insignia, uniform or dress.

2. Publicly and improperly
3. The insignia, uniforms or dress pertains to:
a. An office not held by such person or
b. A class of persons of which he is not a member
Art. 180. False testimony against a defendant. —

Forms of False Testimony:
1. In criminal cases
2. In civil cases(ordinary civil case)
3. In other cases (special proceedings, administrative proceedings)
Art. 181. False testimony favorable to the defendants. —Elements:

1. Any person who shall give false testimony in favor of the defendant
2. In a criminal case
Art. 182. False testimony in civil cases.

Elements:
1.That the testimony must be given in a civil case.
2.That the testimony must relate to the issues presented in said case.
3.That the testimony must be false.
4.That the false testimony must be given by the defendant knowing the same to be false.
5.That the testimony must be malicious and given with an intent to affect the issues presented in
the said case
Two ways of Committing Perjury

Art. 183. False testimony in other cases and perjury in solemn affirmation. —
1. By falsely testifying under oath
2. By making a false affidavit
Other Possible Crimes: Subornation of perjury- Procures another to swear falsely and the witness
committed to perjury
Elements:
1.That an accused made a statement under oath or made an affidavit upon a material matter.
2. Note: Other Possible Crimes: Falsification (Par,4) –if this untruthful statement is not under oath
but required by law.
3.That in that statement or affidavit, the accused made a willful and deliberate assertion of a
falsehood,
4.That the statement or affidavit was made before a competent officer, authorized to receive and
administer oath
5.That the sworn statement or affidavit containing the falsity is required by law.
Art. 184. Offering false testimony in evidence. —Elements

1.That the offender offered in evidence a false witness or false testimony.
2.That he knew the witness or the testimony was false.
3.That the offer was made in a judicial or official proceeding.
Art. 185. Machinations in public auctions.

Elements:
Any person who
a. Shall solicit any gift or promise as consideration for refraining from taking part in any public
auction
a. That there be a public auction;
b. That the accused solicited any gift or a promise from any of the bidders;
c. That such gift or promise was the consideration for his refraining from taking part in that public
auction.
d. That the accused had the intent to cause the reduction of the price of the thing auctioned
Art. 186. Monopolies and combinations in restraint of trade. —

Elements:
1. Combination to prevent free competition in the market:
a. Enter into any contract or agreement
b. take part in any conspiracy or combination
c. in the from of a trust or otherwise
d. In restraint of trade or commerce or
e. Prevent by artificial means free competition in the market
2. Monopoly to restrain free competition in the market

a. Monopolize any merchandise or object of trade or commerce, or
b. Combine with any other person or persons
c. Monopolize and merchandise or object
d. In order to alter the price thereof
e. By spreading false rumors or making use of any other article to restrain free competition in the
market:
3. Manufacturer, producer or processor or importer
a. Of any merchandise or object of commerce
b. Either as:
I Principle or agent
ii. Wholesale or retailer shall combine, or conspire or agree in any manner with
c. Person likewise engaged in the manufacture, production, any processing, assembling or
importation of such merchandise or object of commerce or
d. Any other persons not so similarly engaged
Purpose:
1. Making transactions prejudicial to lawful commerce or
2. Increasing the market price in any part of the Philippines
3. Of any such merchandise or object of commerce manufactured, produced, processed,
assembled in or imported into the Philippines, or any article in the manufacture of which such
manufactured, produced , or imported merchandise or object of commerce is used.
Art. 187. Importation and disposition of falsely marked articles or merchandise made of

gold, silver, or other precious metals or their alloys. —
Elements
1That the offender imports, sells or disposes any of those articles or merchandise;
2. That the stamps, brands or marks of those articles or merchandise fail to indicate the actual
fineness or quality of said metal or alloy;
3. That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or
quality of said metal or alloy
Exercise No. 1
Student’s Name:
Year and Section:
Instructor:
Date Submitted:
1. Give an example of mutilation of coins.

_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
2. Differentiate illegal use of uniform from usurpation of authority.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
3. How does falsification by public officer committed?
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
4. How forgery is committed?
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
5. When does telling a lie becomes a crime?

_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Exercise No. 2
Student’s Name:
Year and Section:
Instructor:
Date Submitted:
1. Any physician or surgeon who, in connection, with the practice of his profession, shall issue a
false certificate.
A. False medical certificate C. Forgery
B. False certificate of merit D. Falsification of public documents
2. Any person who shall knowingly and falsely represent himself to be an officer, agent or
representative of any department or agency of the Philippine Government or of any foreign
government is liable for _____________.
A. Usurpation of authority D. Unauthorized use of uniform
B. Using fictitious name C. Illegal use of uniforms or insignia
3. Any person who shall publicly and improperly make use of insignia, uniforms or dress pertaining
to an office not held by such person or to a class of persons of which he is not a member.
A. Usurpation of authority D. Unauthorized use of uniform
B. Using fictitious name C. Illegal use of uniforms or insignia
4. Nanette wrote Ricky’s name on the back of the treasury warrant payable to the latter, as if Ricky
has endorsed the check to her, then presented it for payment, what crime was committed?
a. Forgery b. Import
c. Utter d. Counterfeiting
5. A foreigner residing in Hong Kong counterfeits a twenty-peso bill issued by the Philippine
Government. May the foreigner be prosecuted before a civil court in the Philippines?
A. No. The provisions of the Revised Penal Code are enforceable only within the Philippine
Archipelago.
B. Yes. The Philippine Criminal Law is binding also on persons who reside or sojourn in the foreign
state.
C. No. Foreigners residing outside the jurisdiction of the Philippines are exempted from the
operation of the Philippine Criminal Law.
D. Yes. The provisions of the Revised Penal Code are enforceable also outside the jurisdiction of
the Philippines against those who should forge or counterfeit currency notes of the Philippines
6. Poly who frequently introduces himself as an NBI agent under false pretense may be held liable
for:
a. Usurpation of authority c. Disobedience
b. Estafa d. Resistance
7. Forgery is crime _____________.
A. against public interest B. committed by public officer
C. against public moral D. against national interest
8. This crime is committed whenever the offender makes or imitates a treasury note or certificate
giving it the appearance of the of the genuine
a. Falsification of documents c. Forgery
b. Intercalation d. Rubric
9. Any other name of a person which publicly applies to himself without authority of the law
a. Allias b. AKA
c. Fictitious name d. Trade name
10. A person who executes a false affidavit may be held liable for:
a. Forgery b. Perjury
c. Falsification d. False testimony
MODULE 5
CRIMES AGAINST PUBLIC MORALS
Art. 195. What acts are punishable in gambling. —
Note: Articles 195-199 have been repealed by Presidential Decrees 449, 483 and 1602, AS
AMENDED BY l.O.I. 816
P.D 1602: Simplifying and Providing Stiffer Penalties For Violations of Philippine Gambling Laws.
Section 1. Any person who shall

a. Directly or indirectly take part in any game of
-Cockfighting
-jueteng
-ookies
-jai alai (or horse racing to include game-fixing) and other lotteries
-kara y kruz or pompiang and the like
-blackjack, lucky nine pusoy or Russian poker, monte baccarat and other card games
- plak que, domino, mahjong, high and low, slot machines roulette, pinball and other mechanical
inventories and devices, dog racing, boat racing, car racing and other races
-basketball, volleyball, boxing, seven-eleven, dice games and the like
- other contests to include game-fixing, point shaving and other machinations banking or
percentage game, or any other game or scheme, whethee upon chance or skill, which do not have
a franchise from the national government wherein wagers consisting of money articles of value or
representative of value are made
b. Any person who shall knowingly permit any form of gambling referred to in above to be carried
on:
- in the inhabited or uninhabited places of any building, Bessel, or other means of transportation
owned or controlled by him
C. Any barangay official in whose jurisdiction such gambling house is found and which has the
reputation of a gambling place shall likewise be punished
Art. 196. Importation, sale and possession of lottery tickets or advertisements.

Art. 197. Betting in sports contests.
The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed
upon any person who shall bet money or any object or article of value or representative of
value upon the result of any boxing or other sports contests.
Art. 198. Illegal betting on horse race.

The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed
upon any person who except during the period allowed by law, shall be on horse races.
The penalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be
imposed upon any person who, under the same circumstances, shall maintain or employ a
totalizer or other device or scheme for betting on horse races or realizing any profit
therefrom.
For the purposes of this article, any race held in the same day at the same place shall be
held punishable as a separate offense, and if the same be committed by any partnership,
corporation or association, the president and the directors or managers thereof shall be
deemed to be principals in the offense if they have consented to or knowingly tolerated its
commission.
Art. 199. Illegal cockfighting.
PRESIDENTIAL DECREE No. 449 May 9, 1974 “COCKFIGHTING LAW OF 1974”
Section 4. Definition of Terms. As used in this law, the following terms shall be understood, applied
and construed as follows:
(a) Cockfighting shall embrace and mean the commonly known game or term "cockfighting
derby, pintakasi or tupada", or its equivalent terms in different Philippine localities.
(d) Gaffer (Taga Tari)- A person knowledgeable in the art of arming fighting cocks with gaff
or gaffs on either or both legs.
(e) Referee (Sentenciador)- A person who watches and oversees the proper gaffing of
fighting cocks, determines the physical condition of fighting cocks while cockfighting is in
progress, the injuries sustained by the cocks and their capability to continue fighting and
decides and make known his decision by work or gestures and result of the cockfight by
announcing the winner or declaring a tie or no contest game.
(f) Bettor - A person who participates in cockfights and with the use of money or other
things of value, bets with other bettors or through the bet taker or promoter and wins or
loses his bet depending upon the result of the cockfight as announced by the Referee or
Sentenciador. He may be the owner of fighting cock.
(d) Holding of Cockfights. Except as provided in this Decree, cockfighting shall be allowed only in
licensed cockpits during Sundays and legal holidays and during local fiestas for not more than
three days. It may also be held during provincial, city or municipal, agricultural, commercial or
industrial fair, carnival or exposition for a similar period of three days upon resolution of the
province, city or municipality where such fair, carnival or exposition is to be held, subject to the
approval of the Chief of Constabulary or his authorized representative: Provided, that, no
cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of
a local fiesta or for more than two occasions a year in the same city or municipality: Provided,
further, that no cockfighting shall be held on December 30 (Rizal Day), June 12 (Philippine
Independence Day) November 30 (National Heroes Day), Holy Thursday, Good Friday, Election or
Referendum Day and during Registration Days for such election or referendum.
Art. 200. Grave scandal. —

ELEMENTS:
1.That the offender performs an act or acts.
2. That such act or acts be highly scandalous as offending against decency or good customs.
3. That the highly scandalous conduct is not expressly falling within any article of this Code.
4. That the act or acts complained of be committed in a public place or within the public knowledge
or view
-Public place- element of public view not required
-Private place- element of public view is required
Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows.
ELEMENTS
1.Those who shall publicly expound or proclaim doctrines openly and contrary to public morals.
a) The (i).authors of obscene literature, published with their knowledge in any form; (ii).the editors
publishing such literature; and (iii).the owners, operating the establishment or selling the same.3
B) Those who, in theaters, fairs, cinematographs or any other place,
i. exhibit indecent or immoral shows
1. Glorify Criminals or condone crimes;
2. Offend any race or religion
3. Serve no other purpose but to satisfy the market for violence, lust or pornography
4. Tend to abet traffic in and use of prohibited drugs; and
5. Are contrary to law, public order morals, and good customs, established policies, lawful orders,
decrees and edicts.
2. Those who shall

a. sell,
b. give away or
c. exhibit
d. films, prints, engravings, sculpture or literature which are offensive to morals
The Test of Obscenity
The test is whether the tendency of the matter charged as obscene, is to corrupt those whose
minds are open to such immoral influences, and into whose hands such a publication may fall and
also whether or not such publication or act shocks the ordinary and common sense of men as an
indecency.
The mere possession of obscene literature is not punishable. There must be publishing, selling,
exhibiting or giving away (distribution) of such literature.
Art. 202. Vagrants and prostitutes; penalty. — The following are vagrants:

1. Any person having no apparent means of subsistence, who has the physical ability to work and
who neglects to apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public buildings or places or trampling or
wandering about the country or the streets without visible means of support;
3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who
habitually associate with prostitutes;
4. Any person who, not being included in the provisions of other articles of this Code, shall be
found loitering in any inhabited or uninhabited place belonging to another without any lawful or
justifiable purpose;
5. Prostitutes.
For the purposes of this article, women who, for money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.
REPUBLIC ACT NO. 10158 March 27, 2012

AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE ARTICLE 202 OF
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE
Section 1. Article 202 of the Revised Penal Code is hereby, amended to read as follows:
"Article 202. Prostitutes; Penalty. – For the purposes of this article, women who, for money or profit,
habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.
"Any person found guilty of any of the offenses covered by this article shall be punished by arresto
menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium
period to prision correctional in its minimum period or a fine ranging from 200 to 2,000 pesos, or
both, in the discretion of the court."
Section 2. Effect on Pending Cases. – All pending cases under the provisions of Article 202 of the
Revised Penal Code on Vagrancy prior to its amendment by this Act shall be dismissed upon
effectivity of this Act.
Section 3. Immediate Release of Convicted Persons. – All persons serving sentence for violation
of the provisions of Article 202 of the Revised Penal Code on Vagrancy prior to its amendment by
this Act shall be immediately released upon effectivity of this Act: Provided, That they are not
serving sentence or detained for any other offense or felony.
Exercise No. 1
Student’s Name:
Year and Section:
Instructor:
Date Submitted:
1. Cite at least three (3) instances of vagrancy.

_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
2. What do you think is the reason of why vagrancy is now decriminalized?
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
3. Is oblation run conducted in University of the Philippines Campus can be considered
grave scandal? Explain.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
4. Is FHM Magazine an obscene publication? Explain.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
5. What are the different mode of gambling?
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Exercise No. 2
Student’s Name:
Year and Section:
Instructor:
Date Submitted:
1. A person who watches and oversees the proper gaffing of fighting cocks and decides and make
known his decision by work or gestures and result of the cockfight.
A. Gaffer C. Sentenciador
B. Bettor D. Kristo
2. Cockfighting is allowed only in _______________.
A. in the barangay, upon the approval of the barangay captain;
B. in licensed cockpit during Sunday;
C. any place during fiesta;
D. in licensed cockpit during Independence day;
3. The law that prescribes a stiffer penalties on illegal gambling.
A. RA 9211 C. PD 449
B. RA 9165 D. PD 1602
4. Any person who shall offend against decency or good customs by any highly scandalous
conduct.
A. Grave scandal C. Immoral doctrines
B. obscene publications and exhibitions D. indecent shows
5. A women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct.
A. Prostitute C. call girl
B. Geisha D. strip dancer
6. Consist of acts which are offensive to decency and good customs, which having been
committed publicly, have given rise to public scandal to persons who have witness the same.
a. Immoral doctrines c. Slander
b. Grave scandal c. Libel
7. Refers to persons having no apparent means of subsistence but has the physical ability to work
and neglects to apply himself or herself to lawful calling.
a. Bum c. Vagrant
b. Prostitute d. destitute
8. Romeo, having carnal knowledge with a prostitute less than 12 years old is liable for:
A. Rape C. Acts of lasciviousness
B. Seduction D. Abduction
9. If a man is habitually indulge in sexual intercourse or lascivious conduct for money or profit, he
is guilty of
A. prostitution C. trafficking in person
B. use of trafficked person D. none
10. The following are the forms of gambling. The exception is
A. jueteng C. Betting in sports contest
B. Kara y kruz D. literary contest

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MODULE IN CRIMINAL LAW BOOK 2

Article 114. Treason-

Treason- A breach of allegiance to a government committed by a person who owes allegiance to

Two Ways of Proving Treason:

Other crime: Conspiracy and proposal to commit treason.

Article 116. Misprision of Treason. –

Article 117 Espionage-

Elements of 2nd paragraph:

Article 118. Inciting to war or giving motives for reprisals.

Article 119.Violation of neutrality.

Art. 120. Correspondence with hostile country.

Art. 121. Flight to enemy’s country.

Art. 122. Piracy in general and mutiny on the high seas.

Three kinds of piracy

For aircraft of foreign registry

MUTINY – the unlawful resistance to a superior officer, or the raising of commotions and

Distinction between Piracy and mutiny

Art. 123. Qualified piracy.—

Legal ground for detention:

DETENTION- simply means the deprivation of liberty or freedom of movement or locomotion

Other Related Crimes:

ARBITRARY DETENTION ILLEGAL DETENTION

What is the penalty of Arbitrary Detention?

CONCEPT OF THIS PROVISION”

Is the Prosecutor or Fiscal considered as judicial authorities?

ESSENCE OF VIOLATION OF THIS PROVISION

Art. 126. Delaying release

Art. 127. Expulsion.

Art. 128. Violation of domicile.

Other possible crimes to be committed:

In addition, offender may be held liable for perjury

(2) Abuse In The Service of Search Warrants Legally Obtained

Art. 130. Searching domicile without witnesses.

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

Prohibiting a peaceful meeting.

Art. 132. Interruption of religious worship

Note: Other possible Crimes

Art. 133. Offending the religious feelings-

Notoriously Offensive Acts- Those directly against religious veneration

1. Differentiate arbitrary detention from illegal detention. .

Art. 134. Rebellion or insurrection;-

The court has stated as follows

Article 134-A. Coup d'etat;

Art. 137. Disloyalty of public officers or employees

Art. 138. Inciting a rebellion or insurrection-

Art. 139. Sedition

Art. 141. Conspiracy to commit sedition.—

Art. 142. Inciting to sedition

Two Rules Relative to sedition

Art. 144. Disturbance of proceedings.

Art. 145. Violation of parliamentary immunity.

Art. 146. Illegal assemblies.—

Note: No illegal assembly if the offense is punishable by a special law

Art. 147. Illegal associations.—

ILLEGAL ASSOCIATION ILLEGAL ASSEMBLY

In illegal Assemblies. The person to be punished are the

In Illegal Associations. The persons to be punished are the:

Art. 148. Direct assaults.—