R REVISED EVISED O ORTEGA RTEGA L LECTURE ECTURE N NOTES OTES ON ON C CRIMINAL RIMINAL L LAW AW

TITLE I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Crimes against national security
! Treason "Art! #$%
&! Cons'iracy an( 'ro'osal to commit treason "Art! )$%
*! Mis'rision o+ treason "Art! ,$% an(
#! Es'ionage "Art! -$!
Crimes against t.e la/ o+ nations
! Inciting to /ar or gi0ing moti0es +or re'risals "Art! 1$%
&! Violation o+ neutrality "Art! 2$%
*! Corres'on(ing /it. .ostile country "Art! &3$%
#! 4lig.t to enemy5s country "Art! &$% an(
)! 6iracy in general an( mutiny on t.e .ig. seas "Art! &&$!
The crimes under this title can be prosecuted even if the criminal act or acts were
committed outside the Philippine territorial jurisdiction. However, prosecution can
proceed only if the ofender is within Philippine territory or brought to the Philippines
pursuant to an extradition treaty. This is one of the instances where the Revised
Penal ode may be given extra!territorial application under "rticle # $%& thereof. 'n
the case of crimes against the law of nations, the ofender can be prosecuted
whenever he may be found because the crimes are regarded as committed against
humanity in general.
"lmost all of these are crimes committed in times of war, except the following, which
can be committed in times of peace(
$)& *spionage, under "rticle ))+ , This is also covered by ommonwealth "ct -o.
.). which punishes conspiracy to commit espionage. This may be committed
both in times of war and in times of peace.
$#& 'nciting to /ar or 0iving 1otives for Reprisals, under "rticle ))2 , This can be
committed even if the Philippines is not a participant. *xposing the 3ilipinos
or their properties because the ofender performed an unauthori4ed act, li5e
those who recruit 3ilipinos to participate in the gulf war. 'f they involve
themselves to the war, this crime is committed. Relevant in the cases of 3lor
ontemplacion or "bner "fuang, the police o6cer who stepped on a
7ingaporean 8ag.

$9& :iolation of -eutrality, under "rticle )); , The Philippines is not a party to a
war but there is a war going on. This may be committed in the light of the
1iddle *ast war.
Article 114. Treaso
Elements
! O7en(er is a 4ili'ino or resi(ent alien%
&! T.ere is a /ar in /.ic. t.e 6.ili''ines is in0ol0e(%
*! O7en(er eit.er 8
a! le0ies /ar against t.e go0ernment% or
9! a(.eres to t.e enemies: gi0ing t.em ai( or com+ort /it.in t.e
6.ili''ines or else/.ere
Re;uirements o+ le0ying /ar
! Actual assem9ling o+ men%
&! To e<ecute a treasona9le (esign 9y +orce%
*! Intent is to (eli0er t.e country in /.ole or in 'art to t.e enemy% an(
#! Colla9oration /it. +oreign enemy or some +oreign so0ereign
T/o /ays o+ 'ro0ing treason
! Testimony o+ at least t/o /itnesses to t.e same o0ert act% or
&! Con+ession o+ accuse( in o'en court!
Article 11!. Cos"irac# a$ %ro"osal to Co&&it Treaso
Elements o+ cons'iracy to commit treason
! T.ere is a /ar in /.ic. t.e 6.ili''ines is in0ol0e(%
&! At least t/o 'ersons come to an agreement to 8

a! le0y /ar against t.e go0ernment% or
9! a(.ere to t.e enemies: gi0ing t.em ai( or com+ort%
*! T.ey (eci(e to commit it!
Elements o+ 'ro'osal to commit treason
&
! T.ere is a /ar in /.ic. t.e 6.ili''ines is in0ol0e(%
&! At least one 'erson (eci(es to 8

a! le0y /ar against t.e go0ernment% or
9! a(.ere to t.e enemies: gi0ing t.em ai( or com+ort%
*! =e 'ro'oses its e<ecution to some ot.er 'ersons!
Article 11'. Mis"risio o( Treaso
Elements
1. O7en(er o/es allegiance to t.e go0ernment: an( not a +oreigner%
2. =e .as >no/le(ge o+ cons'iracy to commit treason against t.e go0ernment%
3. =e conceals or (oes not (isclose an( ma>e >no/n t.e same as soon as 'ossi9le
to t.e go0ernor or ?scal o+ t.e 'ro0ince in /.ic. .e resi(es: or t.e mayor or
?scal o+ t.e city in /.ic. .e resi(es!
/hile in treason, even aliens can commit said crime because of the amendment to
the article, no such amendment was made in misprision of treason. 1isprision of
treason is a crime that may be committed only by citi4ens of the Philippines.
The essence of the crime is that there are persons who conspire to commit treason
and the ofender 5new this and failed to ma5e the necessary report to the
government within the earliest possible time. /hat is re<uired is to report it as soon
as possible. The criminal liability arises if the treasonous activity was still at the
conspiratorial stage. =ecause if the treason already erupted into an overt act, the
implication is that the government is already aware of it. There is no need to report
the same. This is a felony by omission although committed with dolo, not with culpa.
The persons mentioned in "rticle )). are not limited to mayor, >scal or governor.
"ny person in authority having e<uivalent jurisdiction, li5e a provincial commander,
will already negate criminal liability.

/hether the conspirators are parents or children, and the ones who learn the
conspiracy is a parent or child, they are re<uired to report the same. The reason is
that although blood is thic5er than water so to spea5, when it comes to security of
the state, blood relationship is always subservient to national security. "rticle #?
does not apply here because the persons found liable for this crime are not
considered accessories@ they are treated as principals.
'n the );;+ bar examination, a problem was given with respect to misprision of
treason. The text of the provision simply refers to a conspiracy to overthrow the
government. The examiner failed to note that this crime can only be committed in
times of war. The conspiracy adverted to must be treasonous in character. 'n the
problem given, it was rebellion. " conspiracy to overthrow the government is a crime
of rebellion because there is no war. Ander the Revised Penal ode, there is no
crime of misprision of rebellion.
*
Article 11). Es"ioa*e
Acts 'unis.e(
! @y entering: /it.out aut.ority t.ere+ore: a /ars.i': +ort or na0al or military
esta9lis.ment or reser0ation to o9tain any in+ormation: 'lans: '.otogra'. or
ot.er (ata o+ a con?(ential nature relati0e to t.e (e+ense o+ t.e 6.ili''ines%
Elements
! O7en(er enters any o+ t.e 'laces mentione(%
&! =e .as no aut.ority t.ere+ore%
*! =is 'ur'ose is to o9tain in+ormation: 'lans: '.otogra'.s or ot.er (ata
o+ a con?(ential nature relati0e to t.e (e+ense o+ t.e 6.ili''ines!
&! @y (isclosing to t.e re'resentati0e o+ a +oreign nation t.e contents o+ t.e
articles: (ata or in+ormation re+erre( to in 'aragra'. o+ Article -: /.ic. .e
.a( in .is 'ossession 9y reason o+ t.e 'u9lic oAce .e .ol(s!
Elements
! O7en(er is a 'u9lic oAcer%
&! =e .as in .is 'ossession t.e articles: (ata or in+ormation re+erre( to in
'aragra'. o+ Article -: 9y reason o+ t.e 'u9lic oAce .e .ol(s%
*! =e (iscloses t.eir contents to a re'resentati0e o+ a +oreign nation!
Co&&o+ealt, Act No. '1' - A Act to %.is, Es"ioa*e a$ Ot,er
O/eses a*aist Natioal Sec.rit#
Acts 'unis.e(
! Unla/+ully o9taining or 'ermitting to 9e o9taine( in+ormation a7ecting
national (e+ense%
&! Unla/+ul (isclosing o+ in+ormation a7ecting national (e+ense%
*! Disloyal acts or /or(s in times o+ 'eace%
#! Disloyal acts or /or(s in times o+ /ar%
)! Cons'iracy to 0iolate 'rece(ing sections% an(
,! =ar9oring or concealing 0iolators o+ la/!
Article 110. Iciti* to War or Gi1i* Moti1es (or Re"risals
Elements
#
! O7en(er 'er+orms unla/+ul or unaut.oriBe( acts%
&! T.e acts 'ro0o>e or gi0e occasion +or 8
a! a /ar in0ol0ing or lia9le to in0ol0e t.e 6.ili''ines% or
9! e<'osure o+ 4ili'ino citiBens to re'risals on t.eir 'ersons or 'ro'erty!
Article 112. 3iolatio o( Ne.tralit#
Elements
T.ere is a /ar in /.ic. t.e 6.ili''ines is not in0ol0e(%
T.ere is a regulation issue( 9y a com'etent aut.ority to en+orce neutrality%
*! O7en(er 0iolates t.e regulation!
/hen we say national security, it should be interpreted as including rebellion,
sedition and subversion. The Revised Penal ode does not treat rebellion, sedition
and subversion as crimes against national security, but more of crimes against public
order because during the time that the Penal ode was enacted, rebellion was
carried out only with bolos and spears@ hence, national security was not really
threatened. -ow, the threat of rebellion or internal wars is serious as a national
threat.
Article 145. Corres"o$ece +it, Hostile Co.tr#
Elements
! It is in time o+ /ar in /.ic. t.e 6.ili''ines is in0ol0e(%
&! O7en(er ma>es corres'on(ence /it. an enemy country or territory occu'ie(
9y enemy troo's%
*! T.e corres'on(ence is eit.er 8
a! 'ro.i9ite( 9y t.e go0ernment%
9! carrie( on in ci'.ers or con0entional signs% or
c! containing notice or in+ormation /.ic. mig.t 9e use+ul to t.e enemy!
Article 141. Fli*,t to Ee&#6s Co.tr#
Elements
! T.ere is a /ar in /.ic. t.e 6.ili''ines is in0ol0e(%
&! O7en(er must 9e o/ing allegiance to t.e go0ernment%
)
*! O7en(er attem'ts to Cee or go to enemy country%
#! Going to t.e enemy country is 'ro.i9ite( 9y com'etent aut.ority!
'n crimes against the law of nations, the ofenders can be prosecuted anywhere in
the world because these crimes are considered as against humanity in general, li5e
piracy and mutiny. rimes against national security can be tried only in the
Philippines, as there is a need to bring the ofender here before he can be made to
sufer the conse<uences of the law. The acts against national security may be
committed abroad and still be punishable under our law, but it can not be tried under
foreign law.
Article 144. %irac# i *eeral a$ M.ti# o t,e Hi*, Seas or i %,ili""ie
Waters
Acts 'unis.e( as 'iracy
! Attac>ing or seiBing a 0essel on t.e .ig. seas or in 6.ili''ine /aters%
&! SeiBing in t.e 0essel /.ile on t.e .ig. seas or in 6.ili''ine /aters t.e /.ole
or 'art o+ its cargo: its e;ui'ment or 'ersonal 9elongings o+ its com'lement or
'assengers!
Elements o+ 'iracy

1. T.e 0essel is on t.e .ig. seas or 6.ili''ine /aters%
2. O7en(ers are neit.er mem9ers o+ its com'lement nor 'assengers o+ t.e 0essel%
3. O7en(ers eit.er 8
a! attac> or seiBe a 0essel on t.e .ig. seas or in 6.ili''ine /aters% or
9! seiBe in t.e 0essel /.ile on t.e .ig. seas or in 6.ili''ine /aters t.e
/.ole or 'art o+ its cargo: its e;ui'ment or 'ersonal 9elongings o+ its
com'lement or 'assengers%
#! T.ere is intent to gain!
Briginally, the crimes of piracy and mutiny can only be committed in the high seas,
that is, outside Philippine territorial waters. =ut in "ugust );C+, Presidential Decree
-o. %9# $The "nti!Piracy and "nti!Highway Robbery Eaw of );C+& was issued,
punishing piracy, but not mutiny, in Philippine territorial waters. Thus came about
two 5inds of piracy( $)& that which is punished under the Revised Penal ode if
committed in the high seas@ and $#& that which is punished under Presidential Decree
-o. %9# if committed in Philippine territorial waters.
"mending "rticle )##, Republic "ct -o. C.%; included therein piracy in Philippine
waters, thus, pro tanto superseding Presidential Decree -o. %9#. "s amended, the
article now punishes piracy, as well as mutiny, whether committed in the high seas or
,
in Philippine territorial waters, and the penalty has been increased to reclusion
perpetua from reclusion temporal.

=ut while under Presidential Decree -o. %9#, piracy in Philippine waters could be
committed by any person, including a passenger or member of the complement of a
vessel, under the amended article, piracy can only be committed by a person who is
not a passenger nor member of the complement of the vessel irrespective of venue.
7o if a passenger or complement of the vessel commits acts of robbery in the high
seas, the crime is robbery, not piracy.
-ote, however, that in 7ection + of Presidential Decree -o. %9#, the act of aiding
pirates or abetting piracy is penali4ed as a crime distinct from piracy. 7aid section
penali4es any person who 5nowingly and in any manner aids or protects pirates, such
as giving them information about the movement of the police or other peace o6cers
of the government, or ac<uires or receives property ta5en by such pirates, or in any
manner derives any bene>t therefrom@ or who directly or indirectly abets the
commission of piracy. "lso, it is expressly provided in the same section that the
ofender shall be considered as an accomplice of the principal ofenders and
punished in accordance with the Revised Penal ode. This provision of Presidential
Decree -o. %9# with respect to piracy in Philippine water has not been incorporated
in the Revised Penal ode. -either may it be considered repealed by Republic "ct
-o. C.%; since there is nothing in the amendatory law is inconsistent with said
section. "pparently, there is still the crime of abetting piracy in Philippine waters
under Presidential Decree -o. %9#.
onsidering that the essence of piracy is one of robbery, any ta5ing in a vessel with
force upon things or with violence or intimidation against person is employed will
always be piracy. 't cannot co!exist with the crime of robbery. Robbery, therefore,
cannot be committed on board a vessel. =ut if the ta5ing is without violence or
intimidation on persons of force upon things, the crime of piracy cannot be
committed, but only theft.
7.estios 8 As+ers
Coul( t.e+t 9e committe( on 9oar( a 0esselD
Fes. The essence of piracy is one of robbery.
Elements o+ mutiny
1. T.e 0essel is on t.e .ig. seas or 6.ili''ine /aters%
2. O7en(ers are eit.er mem9ers o+ its com'lement: or 'assengers o+ t.e 0essel%
3. O7en(ers eit.er 8
a! attac> or seiBe t.e 0essel% or
9! seiBe t.e /.ole or 'art o+ t.e cargo: its e;ui'ment: or 'ersonal
9elongings o+ t.e cre/ or 'assengers!
-
1utiny is the unlawful resistance to a superior o6cer, or the raising of commotions
and disturbances aboard a ship against the authority of its commander.
Distinction between mutiny and piracy
$)& "s to ofenders
1utiny is committed by members of the complement or the passengers of the
vessel.
Piracy is committed by persons who are not members of the complement or
the passengers of the vessel.
$#& "s to criminal intent
'n mutiny, there is no criminal intent.
'n piracy, the criminal intent is for gain.
Article 149. 7.ali:e$ %irac#
Elements
1. T.e 0essel is on t.e .ig. seas or 6.ili''ine /atersE
2. O7en(ers may or may not 9e mem9ers o+ its com'lement: or 'assengers o+ t.e
0essel%
3. O7en(ers eit.er 8
a! attac> or seiBe t.e 0essel% or
9! seiBe t.e /.ole or 'art o+ t.e cargo: its e;ui'ment!: or 'ersonal
9elongings o+ t.e cre/ or 'assengers%
4. T.e 'rece(ing /ere committe( un(er any o+ t.e +ollo/ing circumstancesE
a! /.ene0er t.ey .a0e seiBe( a 0essel 9y 9oar(ing or ?ring u'on t.e
same%
9! /.ene0er t.e 'irates .a0e a9an(one( t.eir 0ictims /it.out means o+
sa0ing t.emsel0es% or
c! /.ene0er t.e crime is accom'anie( 9y mur(er: .omici(e: '.ysical
inFuries or ra'e!
'f any of the circumstances in "rticle)#9 is present, piracy is <uali>ed. Ta5e note of
the speci>c crimes involve in number + c $murder, homicide, physical injuries or
rape&. /hen any of these crimes accompany piracy, there is no complex crime.
1
'nstead, there is only one crime committed , <uali>ed piracy. 1urder, rape,
homicide, physical injuries are mere circumstances <ualifying piracy and cannot be
punished as separate crimes, nor can they be complexed with piracy.
"lthough in "rticle )#9 merely refers to <uali>ed piracy, there is also the crime of
<uali>ed mutiny. 1utiny is <uali>ed under the following circumstances(
$)& /hen the ofenders abandoned the victims without means of saving
themselves@ or
$#& /hen the mutiny is accompanied by rape, murder, homicide, or physical
injuries.
-ote that the >rst circumstance which <uali>es piracy does not apply to mutiny.
Re".;lic Act No. '49! <T,e Ati Hi=>ac?i* La+@
"nti hi!jac5ing is another 5ind of piracy which is committed in an aircraft. 'n other
countries, this crime is 5nown as aircraft piracy.
3our situations governed by anti hi!jac5ing law(
$)& usurping or sei4ing control of an aircraft of Philippine registry while it is in
8ight, compelling the pilots thereof to change the course or destination of the
aircraft@
$#& usurping or sei4ing control of an aircraft of foreign registry while within
Philippine territory, compelling the pilots thereof to land in any part of
Philippine territory@
$9& carrying or loading on board an aircraft operating as a public utility passenger
aircraft in the Philippines, any 8ammable, corrosive, explosive, or poisonous
substance@ and
$+& loading, shipping, or transporting on board a cargo aircraft operating as a
public utility in the Philippines, any 8ammable, corrosive, explosive, or
poisonous substance if this was done not in accordance with the rules and
regulations set and promulgated by the "ir Transportation B6ce on this
matter.
=etween numbers ) and #, the point of distinction is whether the aircraft is of
Philippine registry or foreign registry. The common bar <uestion on this law usually
involves number ). The important thing is that before the anti hi!jac5ing law can
apply, the aircraft must be in 8ight. 'f not in 8ight, whatever crimes committed shall
be governed by the Revised Penal ode. The law ma5es a distinction between
aircraft of a foreign registry and of Philippine registry. 'f the aircraft subject of the hi!
jac5 is of Philippine registry, it should be in 8ight at the time of the hi!jac5ing.
Btherwise, the anti hi!jac5ing law will not apply and the crime is still punished under
the Revised Penal ode. The correlative crime may be one of grave coercion or
grave threat. 'f somebody is 5illed, the crime is homicide or murder, as the case may
be. 'f there are some explosives carried there, the crime is destructive arson.
*xplosives are by nature pyro!techni<ues. Destruction of property with the use of
2
pyro!techni<ue is destructive arson. 'f there is illegally possessed or carried >rearm,
other special laws will apply.
Bn the other hand, if the aircraft is of foreign registry, the law does not re<uire that it
be in 8ight before the anti hi!jac5ing law can apply. This is because aircrafts of
foreign registry are considered in transit while they are in foreign countries.
"lthough they may have been in a foreign country, technically they are still in 8ight,
because they have to move out of that foreign country. 7o even if any of the acts
mentioned were committed while the exterior doors of the foreign aircraft were still
open, the anti hi!jac5ing law will already govern.
-ote that under this law, an aircraft is considered in 8ight from the moment all
exterior doors are closed following embar5ation until such time when the same doors
are again opened for disembar5ation. This means that there are passengers that
boarded. 7o if the doors are closed to bring the aircraft to the hangar, the aircraft is
not considered as in 8ight. The aircraft shall be deemed to be already in 8ight even
if its engine has not yet been started.
7.estios 8 As+ers
! T.e 'ilots o+ t.e 6an Am aircra+t /ere accoste( 9y some arme( men
an( /ere tol( to 'rocee( to t.e aircra+t to Cy it to a +oreign (estination! T.e arme(
men /al>e( /it. t.e 'ilots an( /ent on 9oar( t.e aircra+t! @ut 9e+ore t.ey coul( (o
anyt.ing on t.e aircra+t: alert mars.als arreste( t.em! W.at crime /as committe(D
The criminal intent de>nitely is to ta5e control of the aircraft, which is hi!
jac5ing. 't is a <uestion now of whether the anti!hi!jac5ing law shall govern.
The anti hi!jac5ing law is applicable in this case. *ven if the aircraft is not yet
about to 8y, the re<uirement that it be in 8ight does not hold true when in comes to
aircraft of foreign registry. *ven if the problem does not say that all exterior doors
are closed, the crime is hi!jac5ing. 7ince the aircraft is of foreign registry, under the
law, simply usurping or sei4ing control is enough as long as the aircraft is within
Philippine territory, without the re<uirement that it be in 8ight.
-ote, however, that there is no hi!jac5ing in the attempted stage. This is a
special law where the attempted stage is not punishable.
&! A 6.ili''ine Air Lines aircra+t is 9oun( +or Da0ao! W.ile t.e 'ilot an(
coG'ilot are ta>ing t.eir snac>s at t.e air'ort lounge: some o+ t.e arme( men /ere
also t.ere! T.e 'ilots /ere +ollo/e( 9y t.ese men on t.eir /ay to t.e aircra+t! As
soon as t.e 'ilots entere( t.e coc>'it: t.ey 'ulle( out t.eir ?rearms an( ga0e
instructions /.ere to Cy t.e aircra+t! Does t.e anti .iGFac>ing la/ a''lyD
-o. The passengers have yet to board the aircraft. 'f at that time, the
ofenders are apprehended, the law will not apply because the aircraft is not yet in
8ight. -ote that the aircraft is of Philippine registry.
*! W.ile t.e ste/ar(ess o+ a 6.ili''ine Air Lines 'lane 9oun( +or Ce9u
/as /aiting +or t.e 'assenger mani+est: t/o o+ its 'assengers seate( near t.e 'ilot
surre'titiously entere( t.e 'ilot coc>'it! At gun'oint: t.ey (irecte( t.e 'ilot to Cy t.e
aircra+t to t.e Mi((le East! =o/e0er: 9e+ore t.e 'ilot coul( Cy t.e aircra+t to/ar(s
3
t.e Mi((le East: t.e o7en(ers /ere su9(ue( an( t.e aircra+t lan(e(! W.at crime
/as committe(D
The aircraft was not yet in 8ight. onsidering that the stewardess was still
waiting for the passenger manifest, the doors were still open. Hence, the anti hi!
jac5ing law is not applicable. 'nstead, the Revised Penal ode shall govern. The
crime committed was grave coercion or grave threat, depending upon whether or not
any serious ofense violence was in8icted upon the pilot.

However, if the aircraft were of foreign registry, the act would already be
subject to the anti hi!jac5ing law because there is no re<uirement for foreign aircraft
to be in 8ight before such law would apply. The reason for the distinction is that as
long as such aircraft has not returned to its home base, technically, it is still
considered in transit or in 8ight.
"s to numbers 9 and + of Republic "ct -o. .#9%, the distinction is whether the
aircraft is a passenger aircraft or a cargo aircraft. 'n both cases, however, the law
applies only to public utility aircraft in the Philippines. Private aircrafts are not
subject to the anti hi!jac5ing law, in so far as transporting prohibited substances are
concerned.
'f the aircraft is a passenger aircraft, the prohibition is absolute. arrying of any
prohibited, 8ammable, corrosive, or explosive substance is a crime under Republic
"ct -o. .#9%. =ut if the aircraft is only a cargo aircraft, the law is violated only when
the transporting of the prohibited substance was not done in accordance with the
rules and regulations prescribed by the "ir Transportation B6ce in the matter of
shipment of such things. The =oard of Transportation provides the manner of
pac5ing of such 5ind of articles, the <uantity in which they may be loaded at any
time, etc. Btherwise, the anti hi!jac5ing law does not apply.
However, under 7ection C, any physical injury or damage to property which would
result from the carrying or loading of the 8ammable, corrosive, explosive, or
poisonous substance in an aircraft, the ofender shall be prosecuted not only for
violation of Republic "ct -o. .#9%, but also for the crime of physical injuries or
damage to property, as the case may be, under the Revised Penal ode. There will
be two prosecutions here. Bther than this situation, the crime of physical injuries will
be absorbed. 'f the explosives were planted in the aircraft to blow up the aircraft,
the circumstance will <ualify the penalty and that is not punishable as a separate
crime for murder. The penalty is increased under the anti hi!jac5ing law.
"ll other acts outside of the four are merely <ualifying circumstances and would
bring about higher penalty. 7uch acts would not constitute another crime. 7o the
5illing or explosion will only <ualify the penalty to a higher one.
7.estios 8 As+ers
! In t.e course o+ t.e .iGFac>: a 'assenger or com'lement /as s.ot an(
>ille(! W.at crime or crimes /ere committe(D
The crime remains to be a violation of the anti hi!jac5ing law, but the penalty
thereof shall be higher because a passenger or complement of the aircraft had been
5illed. The crime of homicide or murder is not committed.

&! T.e .iGFac>ers t.reatene( to (etonate a 9om9 in t.e course o+ t.e .iG
Fac>! W.at crime or crimes /ere committe(D
"gain, the crime is violation of the anti hi!jac5ing law. The separate crime of
grave threat is not committed. This is considered as a <ualifying circumstance that
shall serve to increase the penalty.
TITLE II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Crimes against t.e +un(amental la/s o+ t.e State
! Ar9itrary (etention "Art! &#$%
&! Delay in t.e (eli0ery o+ (etaine( 'ersons to t.e 'ro'er Fu(icial aut.orities
"Art! &)$%
*! Delaying release "Art! &,$%
#! E<'ulsion "Art! &-$%
)! Violation o+ (omicile "Art! &1$%
,! Searc. /arrants maliciously o9taine( an( a9use in t.e ser0ice o+ t.ose legally
o9taine( "Art! &2$%
-! Searc.ing (omicile /it.out /itnesses "Art! *3$%
1! 6ro.i9ition: interru'tion: an( (issolution o+ 'eace+ul meetings "Art! *$%
2! Interru'tion o+ religious /ors.i' "Art! *&$% an(
3! O7en(ing t.e religious +eelings "Art! **$%
rimes under this title are those which violate the =ill of Rights accorded to the
citi4ens under the onstitution. Ander this title, the ofenders are public o6cers,
except as to the last crime , ofending the religious feelings under "rticle )99, which
refers to any person. The public o6cers who may be held liable are only those
acting under supposed exercise of o6cial functions, albeit illegally.
'n its counterpart in Title 'G $rimes "gainst Personal Eiberty and 7ecurity&, the
ofenders are private persons. =ut private persons may also be liable under this title
as when a private person conspires with a public o6cer. /hat is re<uired is that the
principal ofender must be a public o6cer. Thus, if a private person conspires with a
public o6cer, or becomes an accessory or accomplice, the private person also
becomes liable for the same crime. =ut a private person acting alone cannot commit
the crimes under "rticle )#+ to )9# of this title.
Article 144. Ar;itrar# Detetio
Elements
&
! O7en(er is a 'u9lic oAcer or em'loyee%
&! =e (etains a 'erson%
*! T.e (etention is /it.out legal groun(s!
Meaning o+ a9sence o+ legal groun(s
! No crime /as committe( 9y t.e (etaine(%
&! T.ere is no 0iolent insanity o+ t.e (etaine( 'erson% an(
*! T.e 'erson (etaine( .as no ailment /.ic. re;uires com'ulsory con?nement
in a .os'ital!
The crime of arbitrary detention assumes several forms(
$)& Detaining a person without legal grounds under@
$#& Having arrested the ofended party for legal grounds but without warrant of
arrest, and the public o6cer does not deliver the arrested person to the
proper judicial authority within the period of )#, )2, or 9. hours, as the case
may be@ or
$9& Delaying release by competent authority with the same period mentioned in
number #.
Distinction between arbitrary detention and illegal detention
). 'n arbitrary detention !!
The principal ofender must be a public o6cer. ivilians can commit the
crime of arbitrary detention except when they conspire with a public o6cer
committing this crime, or become an accomplice or accessory to the crime
committed by the public o6cer@ and
The ofender who is a public o6cer has a duty which carries with it the
authority to detain a person.
#. 'n illegal detention !!
The principal ofender is a private person. =ut a public o6cer can commit the
crime of illegal detention when he is acting in a private capacity or beyond
the scope of his o6cial duty, or when he becomes an accomplice or accessory
to the crime committed by a private person.
The ofender, even if he is a public o6cer, does not include as his function the
power to arrest and detain a person, unless he conspires with a public o6cer
committing arbitrary detention.
-ote that in the crime of arbitrary detention, although the ofender is a public o6cer,
not any public o6cer can commit this crime. Bnly those public o6cers whose o6cial
duties carry with it the authority to ma5e an arrest and detain persons can be guilty
*
of this crime. 7o, if the ofender does not possess such authority, the crime
committed by him is illegal detention. " public o6cer who is acting outside the
scope of his o6cial duties is no better than a private citi4en.
7.estios 8 As+ers
! A Fanitor at t.e HueBon City =all /as assigne( in cleaning t.e menIs
room! One (ay: .e notice( a +ello/ urinating so carelessly t.at instea( o+ urinating at
t.e 9o/l: .e /as actually urinating 'artly on t.e Coor! T.e Fanitor resente( t.is! =e
ste''e( out o+ t.e menIs room an( loc>e( t.e same! =e le+t! T.e +ello/ /as a9le to
come out only a+ter se0eral .ours /.en 'eo'le +rom t.e outsi(e +orci9ly o'ene( t.e
(oor! Is t.e Fanitor lia9le +or ar9itrary (etentionD
-o. *ven if he is a public o6cer, he is not permitted by his o6cial function to
arrest and detain persons. Therefore, he is guilty only of illegal detention. /hile the
ofender is a public o6cer, his duty does not include the authority to ma5e arrest@
hence, the crime committed is illegal detention.
&! A munici'al treasurer .as 9een courting .is secretary! =o/e0er: t.e
latter al/ays turne( .im (o/n! T.erea+ter: s.e trie( to a0oi( .im! One a+ternoon:
t.e munici'al treasurer loc>e( t.e secretary insi(e t.eir oAce until s.e starte(
crying! T.e treasurer o'ene( t.e (oor an( allo/e( .er to go .ome! W.at crime /as
committe(D
'llegal detention. This is because the municipal treasurer has no authority to
detain a person although he is a public o6cer.
'n a case decided by the 7upreme ourt a =arangay hairman who unlawfully
detains another was held to be guilty of the crime of arbitrary detention. This is
because he is a person in authority vested with the jurisdiction to maintain peace
and order within his barangay. 'n the maintenance of such peace and order, he may
cause the arrest and detention of troublema5ers or those who disturb the peace and
order within his barangay. =ut if the legal basis for the apprehension and detention
does not exist, then the detention becomes arbitrary.
/hether the crime is arbitrary detention or illegal detention, it is necessary that
there must be an actual restraint of liberty of the ofended party. 'f there is no actual
restraint, as the ofended party may still go to the place where he wants to go, even
though there have been warnings, the crime of arbitrary detention or illegal
detention is not committed. There is either grave or light threat.
However, if the victim is under guard in his movement such that there is still restraint
of liberty, then the crime of either arbitrary or illegal detention is still committed.
7.estio 8 As+er
T.e o7en(e( 'arty /as 9roug.t to a 'lace /.ic. .e coul( not lea0e 9ecause
.e (oes not >no/ /.ere .e is: alt.oug. +ree to mo0e a9out! Was ar9itrary or illegal
(etention committe(D
#
*ither arbitrary detention or illegal detention was committed. 'f a person is
brought to a safe house, blindfolded, even if he is free to move as he pleases, but if
he cannot leave the place, arbitrary detention or illegal detention is committed.
Distinction between arbitrary detention and unlawful arrest
$)& "s to ofender
'n arbitrary detention, the ofender is a public o6cer possessed with authority
to ma5e arrests.
'n unlawful arrest, the ofender may be any person.
$#& "s to criminal intent
'n arbitrary detention, the main reason for detaining the ofended party is to
deny him of his liberty.
'n unlawful arrest, the purpose is to accuse the ofended party of a crime he
did not commit, to deliver the person to the proper authority, and to >le the
necessary charges in a way trying to incriminate him.
/hen a person is unlawfully arrested, his subse<uent detention is without legal
grounds.
7.estio 8 As+er
A .a( 9een collecting tong +rom (ri0ers! @: a (ri0er: (i( not /ant to
contri9ute to t.e tong! One (ay: @ /as a''re.en(e( 9y A: telling .im t.at .e /as
(ri0ing carelessly! Rec>less (ri0ing carries /it. it a 'enalty o+ imme(iate (etention
an( arrest! @ /as 9roug.t to t.e TraAc @ureau an( /as (etaine( t.ere until t.e
e0ening! W.en A returne(: .e o'ene( t.e cell an( tol( @ to go .ome! Was t.ere a
crime o+ ar9itrary (etention or unla/+ul arrestD
"rbitrary detention. The arrest of = was only incidental to the criminal intent
of the ofender to detain him. =ut if after putting = inside the cell, he was turned
over to the investigating o6cer who boo5ed him and >led a charge of rec5less
imprudence against him, then the crime would be unlawful arrest. The detention of
the driver is incidental to the supposed crime he did not commit. =ut if there is no
supposed crime at all because the driver was not charged at all, he was not given
place under boo5ing sheet or report arrest, then that means that the only purpose of
the ofender is to stop him from driving his jeepney because he refused to contribute
to the tong.
Article 14!. Dela# i t,e Deli1er# o( Detaie$ %ersos to t,e %ro"er >.$icial
A.t,orities
Elements
1. O7en(er is a 'u9lic oAcer or em'loyee%
)
2. =e (etains a 'erson +or some legal groun(%
3. =e +ails to (eli0er suc. 'erson to t.e 'ro'er Fu(icial aut.orities /it.in 8
a! & .our +or lig.t 'enalties%
9! 1 .ours +or correctional 'enalties% an(
c! *, .ours +or aJicti0e or ca'ital 'enalties!
This is a form of arbitrary detention. "t the beginning, the detention is legal since it
is in the pursuance of a lawful arrest. However, the detention becomes arbitrary
when the period thereof exceeds )#, )2 or 9. hours, as the case may be, depending
on whether the crime is punished by light, correctional or aHictive penalty or their
e<uivalent.
The period of detention is )# hours for light ofenses, )2 hours for correctional
ofences and 9. hours for aHictive ofences, where the accused may be detained
without formal charge. =ut he must cause a formal charge or application to be >led
with the proper court before )#, )2 or 9. hours lapse. Btherwise he has to release
the person arrested.
-ote that the period stated herein does not include the nighttime. 't is to be counted
only when the prosecutorIs o6ce is ready to receive the complaint or information.
This article does not apply if the arrest is with a warrant. The situation contemplated
here is an arrest without a warrant.
7.estio 8 As+er
Wit.in /.at 'erio( s.oul( a 'olice oAcer /.o .as arreste( a 'erson un(er a
/arrant o+ arrest turn o0er t.e arreste( 'erson to t.e Fu(icial aut.orityD
There is no time limit speci>ed except that the return must be made within a
reasonable time. The period >xed by law under "rticle )#% does not apply because
the arrest was made by virtue of a warrant of arrest.
/hen a person is arrested without a warrant, it means that there is no case >led in
court yet. 'f the arresting o6cer would hold the arrested person there, he is actually
depriving the arrested of his right to bail. "s long as there is no charge in the court
yet, the arrested person cannot obtain bail because bail may only be granted by the
court. The spirit of the law is to have the arrested person delivered to the jurisdiction
of the court.
'f the arrest is by virtue of a warrant, it means that there is already a case >led in
court. /hen an information is >led in court, the amount of bail recommended is
stated. The accused person is not really denied his right to bail. *ven if he is
interrogated in the police precinct, he can already >le bail.
,
-ote that delivery of the arrested person to the proper authorities does not mean
physical delivery or turn over of arrested person to the court. 't simply means
putting the arrested person under the jurisdiction of the court. This is done by >ling
the necessary complaint or information against the person arrested in court within
the period speci>ed in "rticle )#%. The purpose of this is for the court to determine
whether the ofense is bailable or not and if bailable, to allow him the right to bail.
Ander the Rule ))+ of the Revised Rules of ourt, the arrested person can demand
from the arresting o6cer to bring him to any judge in the place where he was
arrested and post the bail here. Thereupon, the arresting o6cer may release him.
The judge who granted the bail will just forward the litimus of the case to the court
trying his case. The purpose is in order to deprive the arrested person of his right to
post the bail.
Ander the Revised Rules of ourt, when the person arrested is arrested for a crime
which gives him the right to preliminary investigation and he wants to avail his right
to a preliminary investigation, he would have to waive in writing his rights under
"rticle )#% so that the arresting o6cer will not immediately >le the case with the
court that will exercise jurisdiction over the case. 'f he does not want to waive this in
writing, the arresting o6cer will have to comply with "rticle )#% and >le the case
immediately in court without preliminary investigation. 'n such case, the arrested
person, within >ve days after learning that the case has been >led in court without
preliminary investigation, may as5 for preliminary investigation. 'n this case, the
public o6cer who made the arrest will no longer be liable for violation of "rticle )#%.
7.estio 8 As+er
T.e arrest o+ t.e sus'ect /as (one in @aguio City! On t.e /ay to Manila:
/.ere t.e crime /as committe(: t.ere /as a ty'.oon so t.e sus'ect coul( not 9e
9roug.t to Manila until t.ree (ays later! Was t.ere a 0iolation o+ Article &)D
There was a violation of "rticle )#%. The crime committed was arbitrary
detention in the form of delay in the delivery of arrested person to the proper judicial
authority. The typhoon or 8ood is a matter of defense to be proved by the accused,
the arresting o6cer, as to whether he is liable. 'n this situation, he may be exempt
under paragraph C of "rticle )#.
=efore "rticle )#% may be applied, it is necessary that initially, the detention of the
arrested person must be lawful because the arrest is based on legal grounds. 'f the
arrest is made without a warrant, this constitutes an unlawful arrest. "rticle #.;, not
"rticle )#%, will apply. 'f the arrest is not based on legal grounds, the arrest is pure
and simple arbitrary detention. "rticle )#% contemplates a situation where the arrest
was made without warrant but based on legal grounds. This is 5nown as citi4enIs
arrest.
Article 14'. Dela#i* Release
Acts 'unis.e(
! Delaying t.e 'er+ormance o+ a Fu(icial or e<ecuti0e or(er +or t.e release o+ a
'risoner%
-
&! Un(uly (elaying t.e ser0ice o+ t.e notice o+ suc. or(er to sai( 'risoner%
*! Un(uly (elaying t.e 'rocee(ings u'on any 'etition +or t.e li9eration o+ suc.
'erson!
Elements
! O7en(er is a 'u9lic oAcer or em'loyee%
&! T.ere is a Fu(icial or e<ecuti0e or(er +or t.e release o+ a 'risoner or (etention
'risoner: or t.at t.ere is a 'rocee(ing u'on a 'etition +or t.e li9eration o+
suc. 'erson%
*! O7en(er /it.out goo( reason (elays 8
a! t.e ser0ice o+ t.e notice o+ suc. or(er to t.e 'risoner%
9! t.e 'er+ormance o+ suc. Fu(icial or e<ecuti0e or(er +or t.e release o+
t.e 'risoner% or
c! t.e 'rocee(ings u'on a 'etition +or t.e release o+ suc. 'erson!
Article 14). EA".lsio
Acts 'unis.e(
! E<'elling a 'erson +rom t.e 6.ili''ines%
&! Com'elling a 'erson to c.ange .is resi(ence!
Elements
1. O7en(er is a 'u9lic oAcer or em'loyee%
2. =e eit.er 8
a! e<'els any 'erson +rom t.e 6.ili''ines% or
9! com'els a 'erson to c.ange resi(ence%
3. O7en(er is not aut.oriBe( to (o so 9y la/!
The essence of this crime is coercion but the speci>c crime is JexpulsionK when
committed by a public o6cer. 'f committed by a private person, the crime is grave
coercion.
'n Villavicencio v. Lukban, 39 Phil 778, the mayor of the ity of 1anila wanted to
ma5e the city free from prostitution. He ordered certain prostitutes to be transferred
to Davao, without observing due processes since they have not been charged with
any crime at all. 't was held that the crime committed was expulsion.
1
7.estios 8 As+ers
! Certain aliens /ere arreste( an( t.ey /ere Fust 'ut on t.e ?rst aircra+t
/.ic. 9roug.t t.em to t.e country so t.at t.ey may 9e out /it.out (ue 'rocess o+
la/! Was t.ere a crime committe(D
Fes. *xpulsion.
&! I+ a 4ili'ino citiBen is sent out o+ t.e country: /.at crime is committe(D
0rave coercion, not expulsion, because a 3ilipino cannot be deported. This
crime refers only to aliens.
Article 140. 3iolatio o( Do&icile
Acts 'unis.e(
! Entering any (/elling against t.e /ill o+ t.e o/ner t.ereo+%
&! Searc.ing 'a'ers or ot.er e7ects +oun( t.erein /it.out t.e 're0ious consent
o+ suc. o/ner% or
*! Re+using to lea0e t.e 'remises: a+ter .a0ing surre'titiously entere( sai(
(/elling an( a+ter .a0ing 9een re;uire( to lea0e t.e same
Common elements
! O7en(er is a 'u9lic oAcer or em'loyee%
&! =e is not aut.oriBe( 9y Fu(icial or(er to enter t.e (/elling or to ma>e a searc.
t.erein +or 'a'ers or ot.er e7ects!
Circumstances ;uali+ying t.e o7ense
! I+ committe( at nig.ttime% or
&! I+ any 'a'ers or e7ects not constituting e0i(ence o+ a crime are not returne(
imme(iately a+ter t.e searc. ma(e 9y o7en(er!
Ander Title 'G $rimes against Personal Eiberty and 7ecurity&, the corresponding
article is <uali>ed trespass to dwelling under "rticle #2?. "rticle )#2 is limited to
public o6cers. The public o6cers who may be liable for crimes against the
fundamental laws are those who are possessed of the authority to execute search
warrants and warrants of arrests.
Ander Rule ))9 of the Revised Rules of ourt, when a person to be arrested enters a
premise and closes it thereafter, the public o6cer, after giving notice of an arrest,
can brea5 into the premise. He shall not be liable for violation of domicile.
2
There are only three recogni4ed instances when search without a warrant is
considered valid, and, therefore, the sei4ure of any evidence done is also valid.
Butside of these, search would be invalid and the objects sei4ed would not be
admissible in evidence.
$)& 7earch made incidental to a valid arrest@

$#& /here the search was made on a moving vehicle or vessel such that the
exigency of he situation prevents the searching o6cer from securing a search
warrant@
$9& /hen the article sei4ed is within plain view of the o6cer ma5ing the sei4ure
without ma5ing a search therefore.
There are three ways of committing the violation of "rticle )#2(
$)& =y simply entering the dwelling of another if such entering is done against the
will of the occupant. 'n the plain view doctrine, public o6cer should be legally
entitled to be in the place where the efects were found. 'f he entered the
place illegally and he saw the efects, doctrine inapplicable@ thus, he is liable
for violation of domicile.
$#& Public o6cer who enters with consent searches for paper and efects without
the consent of the owner. *ven if he is welcome in the dwelling, it does not
mean he has permission to search.
$9& Refusing to leave premises after surreptitious entry and being told to leave
the same. The act punished is not the entry but the refusal to leave. 'f the
ofender upon being directed to eave, followed and left, there is no crime of
violation of domicile. *ntry must be done surreptitiously@ without this, crime
may be unjust vexation. =ut if entering was done against the will of the
occupant of the house, meaning there was express or implied prohibition from
entering the same, even if the occupant does not direct him to leave, the
crime of is already committed because it would fall in number ).
7.estios 8 As+ers
! It /as raining .ea0ily! A 'oliceman too> s.elter in one 'ersonIs .ouse!
T.e o/ner o9lige( an( .a( .is (aug.ter ser0e t.e 'olice some co7ee! T.e
'oliceman ma(e a 'ass at t.e (aug.ter! T.e o/ner o+ t.e .ouse as>e( .im to lea0e!
Does t.is +all un(er Article &1D
-o. 't was the owner of the house who let the policeman in. The entering is
not surreptitious.
&! A 'erson surre'titiously enters t.e (/elling o+ anot.er! W.at crime or
crimes /ere 'ossi9ly committe(D
The crimes committed are $)& <uali>ed trespass to dwelling under "rticle #2?,
if there was an express or implied prohibition against entering. This is tantamount to
entering against the will of the owner@ and $#& violation of domicile in the third form if
he refuses to leave after being told to.
&3
Article 142. Searc, Warrats Malicio.sl# O;taie$B a$ A;.se i t,e
Ser1ice o( T,ose Le*all# O;taie$
Acts 'unis.e(
! 6rocuring a searc. /arrant /it.out Fust cause%
Elements
! O7en(er is a 'u9lic oAcer or em'loyee%
&! =e 'rocures a searc. /arrant%
*! T.ere is no Fust cause!
&! E<cee(ing .is aut.ority or 9y using unnecessary se0erity in e<ecuting a
searc. /arrant legally 'rocure(!
Elements
! O7en(er is a 'u9lic oAcer or em'loyee%
&! =e .as legally 'rocure( a searc. /arrant%
*! =e e<cee(s .is aut.ority or uses unnecessary se0erity in e<ecuting t.e
same!
Article 195. Searc,i* Do&icile +it,o.t Witesses
Elements
! O7en(er is a 'u9lic oAcer or em'loyee%
&! =e is arme( /it. searc. /arrant legally 'rocure(%
*! =e searc.es t.e (omicile: 'a'ers or ot.er 9elongings o+ any 'erson%
#! T.e o/ner: or any mem9ers o+ .is +amily: or t/o /itnesses resi(ing in t.e
same locality are not 'resent!
Crimes un(er Articles &2 an( *3 are re+erre( to as 0iolation o+ (omicile! In t.ese
articles: t.e searc. is ma(e 9y 0irtue o+ a 0ali( /arrant: 9ut t.e /arrant
not/it.stan(ing: t.e lia9ility +or t.e crime is still incurre( t.roug. t.e +ollo/ing
situationsE
"$ Searc. /arrant /as irregularly o9taine( 8 T.is means t.ere /as no 'ro9a9le
cause (etermine( in o9taining t.e searc. /arrant! Alt.oug. 0oi(: t.e searc.
/arrant is entitle( to res'ect 9ecause o+ 'resum'tion o+ regularity! One
reme(y is a motion to ;uas. t.e searc. /arrant: not re+usal to a9i(e 9y it!
T.e 'u9lic oAcer may also 9e 'rosecute( +or 'erFury: 9ecause +or .im to
&
succee( in o9taining a searc. /arrant /it.out a 'ro9a9le cause: .e must
.a0e 'erFure( .imsel+ or in(uce( someone to commit 'erFury to con0ince t.e
court!
"&$ T.e oAcer e<cee(e( .is aut.ority un(er t.e /arrant 8 To illustrate: let us say
t.at there was a pusher in a condo unit. The P-P -arcotics 0roup obtained a
search warrant but the name of person in the search warrant did not tally with
the address stated. *ventually, the person with the same name was found
but in a diferent address. The occupant resisted but the public o6cer
insisted on the search. Drugs were found and sei4ed and occupant was
prosecuted and convicted by the trial court. The 7upreme ourt ac<uitted
him because the public o6cers are re<uired to follow the search warrant to
the letter. They have no discretion on the matter. Plain view doctrine is
inapplicable since it presupposes that the o6cer was legally entitled to be in
the place where the efects where found. 7ince the entry was illegal, plain
view doctrine does not apply.
"*$ W.en t.e 'u9lic oAcer em'loys unnecessary or e<cessi0e se0erity in t.e
im'lementation o+ t.e searc. /arrant! T.e searc. /arrant is not a license to
commit (estruction!
"#$ O/ner o+ (/elling or any mem9er o+ t.e +amily /as a9sent: or t/o /itnesses
resi(ing /it.in t.e same locality /ere not 'resent (uring t.e searc.!
Article 191. %ro,i;itioB Iterr."tioB a$ Dissol.tio o( %eace(.l Meeti*s
Elements
O7en(er is a 'u9lic oAcer or em'loyee%
=e 'er+orms any o+ t.e +ollo/ing actsE
a! 'ro.i9iting or 9y interru'ting: /it.out legal groun(: t.e .ol(ing o+ a
'eace+ul meeting: or 9y (issol0ing t.e same%
9! .in(ering any 'erson +rom Foining any la/+ul association: or atten(ing
any o+ its meetings%
c! 'ro.i9iting or .in(ering any 'erson +rom a((ressing: eit.er alone or
toget.er /it. ot.ers: any 'etition to t.e aut.orities +or t.e correction
o+ a9uses or re(ress o+ grie0ances!
The government has a right to re<uire a permit before any gathering could be made.
"ny meeting without a permit is a proceeding in violation of the law. That being true,
a meeting may be prohibited, interrupted, or dissolved without violating "rticle )9)
of the Revised Penal ode.
=ut the re<uiring of the permit shall be in exercise only of the governmentIs
regulatory powers and not really to prevent peaceful assemblies as the public may
desire. Permit is only necessary to regulate the peace so as not to inconvenience the
public. The permit should state the day, time and the place where the gathering may
be held. This re<uirement is, therefore, legal as long as it is not being exercised in as
a prohibitory power.
&&
'f the permit is denied arbitrarily, "rticle )9) is violated. 'f the o6cer would not give
the permit unless the meeting is held in a particular place which he dictates defeats
the exercise of the right to peaceably assemble, "rticle )9) is violated.
"t the beginning, it may happen that the assembly is lawful and peaceful. 'f in the
course of the assembly the participants commit illegal acts li5e oral defamation or
inciting to sedition, a public o6cer or law enforcer can stop or dissolve the meeting.
The permit given is not a license to commit a crime.
There are two criteria to determine whether "rticle )9) would be violated(
$)& Dangerous tendency rule , applicable in times of national unrest such as to
prevent coup dIetat.
$#& lear and present danger rule , applied in times of peace. 7tricter rule.
Distinctions between prohibition, interruption, or dissolution of peaceful meetings
under "rticle )9), and tumults and other disturbances, under "rticle )%9

$)& "s to the participation of the public o6cer

'n "rticle )9), the public o6cer is not a participant. "s far as the gathering is
concerned, the public o6cer is a third party.
'f the public o6cer is a participant of the assembly and he prohibits,
interrupts, or dissolves the same, "rticle )%9 is violated if the same is
conducted in a public place.
$#& "s to the essence of the crime
'n "rticle )9), the ofender must be a public o6cer and, without any legal
ground, he prohibits, interrupts, or dissolves a peaceful meeting or assembly
to prevent the ofended party from exercising his freedom of speech and that
of the assembly to petition a grievance against the government.
'n "rticle )%9, the ofender need not be a public o6cer. The essence of the
crime is that of creating a serious disturbance of any sort in a public o6ce,
public building or even a private place where a public function is being held.
Article 194. Iterr."tio o( Reli*io.s Wors,i"
Elements
! O7en(er is a 'u9lic oAcer or em'loyee%
&! Religious ceremonies or mani+estations o+ any religious are a9out to ta>e
'lace or are going on%
*! O7en(er 're0ents or (istur9s t.e same!
Huali?e( i+ committe( 9y 0iolence or t.reat!
&*
Article 199. O/e$i* t,e Reli*io.s Feeli*s
Elements
! Acts com'laine( o+ /ere 'er+orme( in a 'lace (e0ote( to religious /ors.i': or
(uring t.e cele9ration o+ any religious ceremony%
&! T.e acts must 9e notoriously o7ensi0e to t.e +eelings o+ t.e +ait.+ul!
T.ere must 9e (eli9erate intent to .urt t.e +eelings o+ t.e +ait.+ul!
TITLE III. CRIMES AGAINST %UCLIC ORDER
Crimes against 'u9lic or(er
! Re9ellion or insurrection "Art! *#$%
&! Cons'iracy an( 'ro'osal to commit re9ellion "Art! *,$%
*! Disloyalty to 'u9lic oAcers or em'loyees "Art! *-$%
#! Inciting to re9ellion "Art! *1$%
)! Se(ition "Art! *2$%
,! Cons'iracy to commit se(ition "Art! #$%
-! Inciting to se(ition "Art! #&$%
1! Acts ten(ing to 're0ent t.e meeting o+ Congress an( similar 9o(ies "Art! #*$%
2! Distur9ance o+ 'rocee(ings o+ Congress or similar 9o(ies "Art! ##$%
3! Violation o+ 'arliamentary immunity "Art! #)$%
! Illegal assem9lies "Art! #,$%
&! Illegal associations "Art! #-$%
*! Direct assaults "Art! #1$%
#! In(irect assaults "Art! #2$%
)! Diso9e(ience to summons issue( 9y Congress: its committees: etc!: 9y t.e
constitutional commissions: its committees: etc! "Art! )3$%
,! Resistance an( (iso9e(ience to a 'erson in aut.ority or t.e agents o+ suc.
'erson "Art! )$%
-! Tumults an( ot.er (istur9ances o+ 'u9lic or(er "Art! )*$%
1! Unla/+ul use o+ means o+ 'u9lication an( unla/+ul utterances "Art! )#$%
&#
2! Alarms an( scan(als "Art! ))$%
&3! Deli0ering 'risoners +rom Fails "Art! ),$%
&! E0asion o+ ser0ice o+ sentence "Art! )-$%
&&! E0asion on occasion o+ (isor(ers "Art! )1$%
&*! Violation o+ con(itional 'ar(on "Art! )2$% an(
&#! Commission o+ anot.er crime (uring ser0ice o+ 'enalty im'ose( +or anot.er
're0ious o7ense "Art! ,3$!
Article 194. Re;ellio or Is.rrectio
Elements
! T.ere is a 'u9lic u'rising an( ta>ing arms against t.e go0ernment%
&! T.e 'ur'ose o+ t.e u'rising or mo0ement is 8
a! to remo0e +rom t.e allegiance to t.e go0ernment or its la/s 6.ili''ine
territory or any 'art t.ereo+: or any 9o(y o+ lan(: na0al: or ot.er arme(
+orces%
or
9! to (e'ri0e t.e C.ie+ E<ecuti0e or Congress: /.olly or 'artially: o+ any
o+ t.eir 'o/ers or 'rerogati0es!
The essence of this crime is a public uprising with the ta5ing up of arms. 't re<uires a
multitude of people. 't aims to overthrow the duly constituted government. 't does
not re<uire the participation of any member of the military or national police
organi4ation or public o6cers and generally carried out by civilians. Eastly, the crime
can only be committed through force and violence.
Re9ellion an( insurrection are not synonymous! Re9ellion is more +re;uently use(
/.ere t.e o9Fect o+ t.e mo0ement is com'letely to o0ert.ro/ an( su'erse(e t.e
e<isting go0ernment% /.ile insurrection is more commonly em'loye( in re+erence to
a mo0ement /.ic. see>s merely to e7ect some c.ange o+ minor im'ortance: or to
're0ent t.e e<ercise o+ go0ernmental aut.ority /it. res'ect to 'articular matters o+
su9Fects "Reyes: citing *3 Am! Kr! $!
&)
Rebellion can now be complexed with common crimes. -ot long ago, the 7upreme
ourt, in Enrile v. Salazar, 186 SCRA 17, reiterated and a6rmed the rule
laid down in Peo!le v. "ernan#ez, 99 Phil $1$, that rebellion may not be
complexed with common crimes which are committed in furtherance thereof
because they are absorbed in rebellion. 'n view of said rea6rmation, some
believe that it has been a settled doctrine that rebellion cannot be complexed
with common crimes, such as 5illing and destruction of property, committed on
the occasion and in furtherance thereof.
This thin5ing is no longer correct@ there is no legal basis for such rule now.
The statement in People v. Hernande4 that common crimes committed in furtherance
of rebellion are absorbed by the crime of rebellion, was dictated by the provision of
"rticle )9% of the Revised Penal ode prior to its amendment by the Republic "ct -o.
.;.2 $"n "ct Punishing the rime of oup DIetat&, which became efective on
Bctober );;?. Prior to its amendment by Republic "ct -o. .;.2, "rticle )9%
punished those Jwho while holding any public o6ce or employment, ta5e part
thereinK by any of these acts( engaging in war against the forces of 0overnment@
destroying property@ committing serious violence@ exacting contributions, diverting
funds for the lawful purpose for which they have been appropriated.

7ince a higher penalty is prescribed for the crime of rebellion when any of the
speci>ed acts are committed in furtherance thereof, said acts are punished as
components of rebellion and, therefore, are not to be treated as distinct crimes. The
same acts constitute distinct crimes when committed on a diferent occasion and not
in furtherance of rebellion. 'n short, it was because "rticle )9% then punished said
acts as components of the crime of rebellion that precludes the application of "rticle
+2 of the Revised Penal ode thereto. 'n the eyes of the law then, said acts
constitute only one crime and that is rebellion. The Hernande4 doctrine was
rea6rmed in *nrile v. 7ala4ar because the text of "rticle )9% has remained the same
as it was when the 7upreme ourt resolved the same issue in the People v.
Hernande4. 7o the 7upreme ourt invited attention to this fact and thus stated(
JThere is a an apparent need to restructure the law on rebellion, either to raise the
penalty therefore or to clearly de>ne and delimit the other ofenses to be considered
absorbed thereby, so that it cannot be conveniently utili4ed as the umbrella for every
sort of illegal activity underta5en in its name. The court has no power to efect such
change, for it can only interpret the law as it stands at any given time, and what is
needed lies beyond interpretation. Hopefully, ongress will perceive the need for
promptly sei4ing the initiative in this matter, which is purely within its province.K
Bbviously, ongress too5 notice of this pronouncement and, thus, in enacting
Republic "ct -o. .;.2, it did not only provide for the crime of coup dIetat in the
Revised Penal ode but moreover, deleted from the provision of "rticle )9% that
portion referring to those ,
JLwho, while holding any public o6ce or employment ta5es part therein Mrebellion
or insurrectionN, engaging in war against the forces of government, destroying
property or committing serious violence, exacting contributions or diverting public
funds from the lawful purpose for which they have been appropriated LK
Hence, overt acts which used to be punished as components of the crime of rebellion
have been severed therefrom by Republic "ct -o. .;.2. The legal impediment to the
application of "rticle +2 to rebellion has been removed. "fter the amendment,
common crimes involving 5illings, andOor destructions of property, even though
&,
committed by rebels in furtherance of rebellion, shall bring about complex crimes of
rebellion with murderOhomicide, or rebellion with robbery, or rebellion with arson as
the case may be.
To reiterate, before "rticle )9% was amended, a higher penalty is imposed when the
ofender engages in war against the government. P/arP connotes anything which
may be carried out in pursuance of war. This implies that all acts of war or hostilities
li5e serious violence and destruction of property committed on occasion and in
pursuance of rebellion are component crimes of rebellion which is why "rticle +2 on
complex crimes is inapplicable. 'n amending "rticle)9%, the acts which used to be
component crimes of rebellion, li5e serious acts of violence, have been deleted.
These are now distinct crimes. The legal obstacle for the application of "rticle +2,
therefore, has been removed. Brtega says legislators want to punish these common
crimes independently of rebellion. Brtega cites no case overturning *nrile v. 7ala4ar.
'n Peo!le v. Ro#ri%uez, 1&7 Phil. $69, it was held that an accused already
convicted of rebellion may not be prosecuted further for illegal possession of >rearm
and ammunition, a violation of Presidential Decree -o. )2.., because this is a
necessary element or ingredient of the crime of rebellion with which the accused was
already convicted.
However, in Peo!le v. 'iozon, 198 SCRA 368, it was held that charging one of
illegal possession of >rearms in furtherance of rebellion is proper because this is not
a charge of a complex crime. " crime under the Revised Penal ode cannot be
absorbed by a statutory ofense.
'n Peo!le v. #e (racia, it was ruled that illegal possession of >rearm in furtherance
of rebellion under Presidential Decree -o. )2.. is distinct from the crime of
rebellion under the Revised Penal ode and, therefore, "rticle )9% $#& of the
Revised Penal ode should not apply. The ofense of illegal possession of
>rearm is a malum prohibitum, in which case, good faith and absence of
criminal intent are not valid defenses.
'n Peo!le v. Lobe#ioro, an -P" cadre 5illed a policeman and was convicted for
murder. He appealed invo5ing rebellion. The 7upreme ourt found that there was
no evidence shown to further the end of the -P" movement. 't held that there must
be evidence shown that the act furthered the cause of the -P"@ it is not enough to
say it.
Rebellion may be committed even without a single shot being >red. -o encounter
needed. 1ere public uprising with arms enough.
"rticle )9%, as amended, has two penalties( a higher penalty for the promoters,
heads and maintainers of the rebellion@ and a lower penalty for those who are only
followers of the rebellion.
Distinctions between rebellion and sedition
$)& "s to nature
'n rebellion, there must be ta5ing up or arms against the government.
'n sedition, it is su6cient that the public uprising be tumultuous.
$#& "s to purpose
&-
'n rebellion, the purpose is always political.
'n sedition, the purpose may be political or social. *xample( the uprising of
s<uatters against 3orbes par5 residents. The purpose in sedition is to go
against established government, not to overthrow it.
/hen any of the objectives of rebellion is pursued but there is no public uprising in
the legal sense, the crime is direct assault of the >rst form. =ut if there is rebellion,
with public uprising, direct assault cannot be committed.
Article 194=A. Co." $6 etat
Elements
! O7en(er is a 'erson or 'ersons 9elonging to t.e military or 'olice or .ol(ing
any 'u9lic oAce or em'loyment%
&! It is committe( 9y means o+ a s/i+t attac> accom'anie( 9y 0iolence:
intimi(ation: t.reat: strategy or stealt.%
*! T.e attac> is (irecte( against t.e (uly constitute( aut.orities o+ t.e Re'u9lic
o+ t.e 6.ili''ines: or any military cam' or installation: communication
net/or>s: 'u9lic utilities or ot.er +acilities nee(e( +or t.e e<ercise an(
continue( 'ossession o+ 'o/er%
#! T.e 'ur'ose o+ t.e attac> is to seiBe or (iminis. state 'o/er!
The essence of the crime is a swift attac5 upon the facilities of the Philippine
government, military camps and installations, communication networ5s, public
utilities and facilities essential to the continued possession of governmental powers.
't may be committed singly or collectively and does not re<uire a multitude of
people. The objective may not be to overthrow the government but only to
destabili4e or paraly4e the government through the sei4ure of facilities and utilities
essential to the continued possession and exercise of governmental powers. 't
re<uires as principal ofender a member of the "3P or of the P-P organi4ation or a
public o6cer with or without civilian support. 3inally, it may be carried out not only
by force or violence but also through stealth, threat or strategy.
6ersons lia9le +or re9ellion: insurrection or cou' (5 etat un(er Article 19!
! T.e lea(ers 8
a! Any 'erson /.o 'romotes: maintains or .ea(s a re9ellion or
insurrection% or
9! Any 'erson /.o lea(s: (irects or comman(s ot.ers to un(erta>e a
cou' (5 etat%
&! T.e 'artici'ants 8
a! Any 'erson /.o 'artici'ates or e<ecutes t.e comman(s o+ ot.ers in
re9ellion: insurrection or cou' (5 etat%
&1
9! Any 'erson not in t.e go0ernment ser0ice /.o 'artici'ates: su''orts:
?nances: a9ets or ai(s in un(erta>ing a cou' (5 etat!
Article 19'. Cos"irac# a$ %ro"osal to Co&&it Co." $6 etatB Re;ellio or
Is.rrectio
Cons'iracy an( 'ro'osal to commit re9ellion are t/o (i7erent crimes: namelyE
! Cons'iracy to commit re9ellion% an(
&! 6ro'osal to commit re9ellion!
T.ere is cons'iracy to commit re9ellion /.en t/o or more 'ersons come to an
agreement to rise 'u9licly an( ta>e arms against go0ernment +or any o+ t.e 'ur'oses
o+ re9ellion an( (eci(e to commit it!
T.ere is 'ro'osal to commit re9ellion /.en t.e 'erson /.o .as (eci(e( to rise
'u9licly an( ta>e arms against t.e go0ernment +or any o+ t.e 'ur'oses o+ re9ellion
'ro'oses its e<ecution to some ot.er 'erson or 'ersons!
Article 19). Dislo#alt# o( %.;lic ODcers or E&"lo#ees
Acts 'unis.e(
! @y +ailing to resist a re9ellion 9y all t.e means in t.eir 'o/er%
&! @y continuing to (isc.arge t.e (uties o+ t.eir oAces un(er t.e control o+ t.e
re9els% or
*! @y acce'ting a''ointment to oAce un(er t.em!
O7en(er must 9e a 'u9lic oAcer or em'loyee!
Article 190. Iciti* to Re;ellio or Is.rrectio
Elements
! O7en(er (oes not ta>e arms or is not in o'en .ostility against t.e
go0ernment%
&! =e incites ot.ers to t.e e<ecution o+ any o+ t.e acts o+ re9ellion%
*! T.e inciting is (one 9y means o+ s'eec.es: 'roclamations: /ritings: em9lems:
9anners or ot.er re'resentations ten(ing to t.e same en(!
Distinction 9et/een inciting to re9ellion an( 'ro'osal to commit re9ellion
! In 9ot. crimes: o7en(er in(uces anot.er to commit re9ellion!
&! In 'ro'osal: t.e 'erson /.o 'ro'oses .as (eci(e( to commit re9ellion% in
inciting to re9ellion: it is not re;uire( t.at t.e o7en(er .as (eci(e( to commit
re9ellion!
&2
*! In 'ro'osal: t.e 'erson /.o 'ro'oses t.e e<ecution o+ t.e crime uses secret
means% in inciting to re9ellion: t.e act o+ inciting is (one 'u9licly!
Article 192. Se$itio
Elements
1. O7en(ers rise 'u9licly an( tumultuously%
2. O7en(ers em'loy +orce: intimi(ation: or ot.er means outsi(e o+ legal met.o(s%
3. 6ur'ose is to attain any o+ t.e +ollo/ing o9FectsE
a! To 're0ent t.e 'romulgation or e<ecution o+ any la/ or t.e .ol(ing o+
any 'o'ular election%
9! To 're0ent t.e national go0ernment or any 'ro0incial or munici'al
go0ernment: or any 'u9lic oAcer +rom e<ercising its or .is +unctions or
're0ent t.e e<ecution o+ an a(ministrati0e or(er%
c! To inCict any act o+ .ate or re0enge u'on t.e 'erson or 'ro'erty o+ any
'u9lic oAcer or em'loyee%
(! To commit: +or any 'olitical or social en(: any act o+ .ate or re0enge
against 'ri0ate 'ersons or any social classes%
e! To (es'oil +or any 'olitical or social en(: any 'erson: munici'ality or
'ro0ince: or t.e national go0ernment o+ all its 'ro'erty or any 'art
t.ereo+!
The crime of sedition does not contemplate the ta5ing up of arms against the
government because the purpose of this crime is not the overthrow of the
government. -otice from the purpose of the crime of sedition that the ofenders rise
publicly and create commotion ad disturbance by way of protest to express their
dissent and obedience to the government or to the authorities concerned. This is li5e
the so!called civil disobedience except that the means employed, which is violence,
is illegal.
6ersons lia9le +or se(ition un(er Article 145
! T.e lea(er o+ t.e se(ition% an(
&! Ot.er 'erson 'artici'ating in t.e se(ition!
Article 141. Cos"irac# to Co&&it Se$itio
In t.is crime: t.ere must 9e an agreement an( a (ecision to rise 'u9licly an(
tumultuously to attain any o+ t.e o9Fects o+ se(ition!
*3
T.ere is no 'ro'osal to commit se(ition!
Article 144. Iciti* to Se$itio
Acts 'unis.e(
! Inciting ot.ers to t.e accom'lis.ment o+ any o+ t.e acts /.ic. constitute
se(ition 9y means o+ s'eec.es: 'roclamations: /ritings: em9lems: etc!%
&! Uttering se(itious /or(s or s'eec.es /.ic. ten( to (istur9 t.e 'u9lic 'eace%
*! Writing: 'u9lis.ing: or circulating scurrilous li9els against t.e go0ernment or
any o+ t.e (uly constitute( aut.orities t.ereo+: /.ic. ten( to (istur9 t.e
'u9lic 'eace!
Elements
! O7en(er (oes not ta>e (irect 'art in t.e crime o+ se(ition%
&! =e incites ot.ers to t.e accom'lis.ment o+ any o+ t.e acts /.ic. constitute
se(ition% an(
*! Inciting is (one 9y means o+ s'eec.es: 'roclamations: /ritings: em9lems:
cartoons: 9anners: or ot.er re'resentations ten(ing to/ar(s t.e same en(!
Bnly non!participant in sedition may be liable.
onsidering that the objective of sedition is to express protest against the
government and in the process creating hate against public o6cers, any act that will
generate hatred against the government or a public o6cer concerned or a social
class may amount to 'nciting to sedition. "rticle )+# is, therefore, <uite broad.
The mere meeting for the purpose of discussing hatred against the government is
inciting to sedition. Eambasting government o6cials to discredit the government is
'nciting to sedition. =ut if the objective of such preparatory actions is the overthrow
of the government, the crime is inciting to rebellion.
Article 149. Acts Te$i* to %re1et t,e Meeti* o( t,e Co*ress o( t,e
%,ili""ies a$ Si&ilar Co$ies
Elements
! T.ere is a 'roFecte( or actual meeting o+ Congress or any o+ its committees or
su9committees: constitutional committees or (i0isions t.ereo+: or o+ any
'ro0incial 9oar( or city or munici'al council or 9oar(%
&! O7en(er: /.o may 9e any 'erson: 're0ents suc. meetings 9y +orce or +rau(!
Article 144. Dist.r;ace o( %rocee$i*s
Elements
*
! T.ere is a meeting o+ Congress or any o+ its committees or su9committees:
constitutional commissions or committees or (i0isions t.ereo+: or o+ any
'ro0incial 9oar( or city or munici'al council or 9oar(%
&! O7en(er (oes any o+ t.e +ollo/ing actsE
a! =e (istur9s any o+ suc. meetings%
9! =e 9e.a0es /.ile in t.e 'resence o+ any suc. 9o(ies in suc. a manner
as to interru't its 'rocee(ings or to im'air t.e res'ect (ue it!
Article 14!. 3iolatio o( %arlia&etar# I&&.it#
Acts 'unis.e(
! Using +orce: intimi(ation: t.reats: or +rau(s to 're0ent any mem9er o+
Congress +rom atten(ing t.e meetings o+ Congress or o+ any o+ its committees
or su9committees: constitutional commissions or committees or (i0isions
t.ereo+: or +rom e<'ressing .is o'inion or casting .is 0ote%
Elements
! O7en(er uses +orce: intimi(ation: t.reats or +rau(%
&! T.e 'ur'ose o+ t.e o7en(er is to 're0ent any mem9er o+ Congress
+rom 8
a! atten(ing t.e meetings o+ t.e Congress or o+ any o+ its
committees or constitutional commissions: etc!%
9! e<'ressing .is o'inion% or
c! casting .is 0ote!
&! Arresting or searc.ing any mem9er t.ereo+ /.ile Congress is in regular or
s'ecial session: e<ce't in case suc. mem9er .as committe( a crime
'unis.a9le un(er t.e Co(e 9y a 'enalty .ig.er t.an 'rision mayor!
Elements
! O7en(er is a 'u9lic oAcer o+ em'loyee%
&! =e arrests or searc.es any mem9er o+ Congress%
*! Congress: at t.e time o+ arrest or searc.: is in regular or s'ecial
session%
#! T.e mem9er arreste( or searc.e( .as not committe( a crime
'unis.a9le un(er t.e Co(e 9y a 'enalty .ig.er t.an 'rision mayor!
*&
Un(er Section : Article VI o+ t.e Constitution: a 'u9lic oAcer /.o arrests a mem9er
o+ Congress /.o .as committe( a crime 'unis.a9le 9y 'rision mayor "si< years an(
one (ay: to & years$ is not lia9le Article #)!
Accor(ing to Reyes: to 9e consistent /it. t.e Constitution: t.e '.rase L9y a 'enalty
.ig.er t.an 'rision mayorL in Article #) s.oul( 9e amen(e( to rea(E L9y t.e
'enalty o+ 'rision mayor or .ig.er!L
Article 14'. Ille*al Asse&;lies
Acts 'unis.e(
! Any meeting atten(e( 9y arme( 'ersons +or t.e 'ur'ose o+ committing any o+
t.e crimes 'unis.a9le un(er t.e Co(e%
Elements
! T.ere is a meeting: a gat.ering or grou' o+ 'ersons: /.et.er in ?<e(
'lace or mo0ing%
&! T.e meeting is atten(e( 9y arme( 'ersons%
*! T.e 'ur'ose o+ t.e meeting is to commit any o+ t.e crimes 'unis.a9le
un(er t.e Co(e!
&! Any meeting in /.ic. t.e au(ience: /.et.er arme( or not: is incite( to t.e
commission o+ t.e crime o+ treason: re9ellion or insurrection: se(ition: or
assault u'on 'erson in aut.ority or .is agents!
! T.ere is a meeting: a gat.ering or grou' o+ 'ersons: /.et.er in a ?<e(
'lace or mo0ing%
&! T.e au(ience: /.et.er arme( or not: is incite( to t.e commission o+
t.e crime o+ treason: re9ellion or insurrection: se(ition or (irect
assault!
6ersons lia9le +or illegal assem9ly
! T.e organiBer or lea(ers o+ t.e meeting%
&! 6ersons merely 'resent at t.e meeting: /.o must .a0e a common intent to
commit t.e +elony o+ illegal assem9ly!
I+ any 'erson 'resent at t.e meeting carries an unlicense( ?rearm: it is 'resume(
t.at t.e 'ur'ose o+ t.e meeting inso+ar as .e is concerne( is to commit acts
'unis.a9le un(er t.e Re0ise( 6enal Co(e: an( .e is consi(ere( a lea(er or organiBer
o+ t.e meeting!
**
The gravamen of the ofense is mere assembly of or gathering of people for illegal
purpose punishable by the Revised Penal ode. /ithout gathering, there is no illegal
assembly. 'f unlawful purpose is a crime under a special law, there is no illegal
assembly. 3or example, the gathering of drug pushers to facilitate drug tra6c5ing is
not illegal assembly because the purpose is not violative of the Revised Penal ode
but of The Dangerous Drugs "ct of );C#, as amended, which is a special law.
Two forms of illegal assembly
$)& -o 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. /hen 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 su6cient to bring about
the crime already.
$#& "rmed men attending the gathering , 'f the illegal purpose is other than those
mentioned above, the presence of armed men during the gathering brings
about the crime of illegal assembly.
*xample( Persons conspiring to rob a ban5 were arrested. 7ome were with
>rearms. Eiable for illegal assembly, not for conspiracy, but for gathering with
armed men.
Distinction between illegal assembly and illegal association
'n illegal assembly, the basis of liability is the gathering for an illegal purpose which
constitutes a crime under the Revised Penal ode.
'n illegal association, the basis is the formation of or organi4ation of an association to
engage in an unlawful purpose which is not limited to a violation of the Revised Penal
ode. 't includes a violation of a special law or those against public morals.
1eaning of public morals( inimical to public welfare@ it has nothing to do with
decency., not acts of obscenity.
Article 14). Ille*al Associatios
Illegal associations
! Associations totally or 'artially organiBe( +or t.e 'ur'ose o+ committing any o+
t.e crimes 'unis.a9le un(er t.e Co(e%
&! Associations totally or 'artially organiBe( +or some 'ur'ose contrary to 'u9lic
morals!
6ersons lia9le
! 4oun(ers: (irectors an( 'resi(ent o+ t.e association%
&! Mere mem9ers o+ t.e association!
Distinction 9et/een illegal association an( illegal assem9ly
*#
! In illegal association: it is not necessary t.at t.ere 9e an actual meeting!
In illegal assem9ly: it is necessary t.at t.ere is an actual meeting or assem9ly
or arme( 'ersons +or t.e 'ur'ose o+ committing any o+ t.e crimes 'unis.a9le
un(er t.e Co(e: or o+ in(i0i(uals /.o: alt.oug. not arme(: are incite( to t.e
commission o+ treason: re9ellion: se(ition: or assault u'on a 'erson in
aut.ority or .is agent!
&! In illegal association: it is t.e act o+ +orming or organiBing an( mem9ers.i' in
t.e association t.at are 'unis.e(!
In illegal assem9ly: it is t.e meeting an( atten(ance at suc. meeting t.at are
'unis.e(!
*! In illegal association: t.e 'ersons lia9le are "$ t.e +oun(ers: (irectors an(
'resi(ent% an( "&$ t.e mem9ers!
In illegal assem9ly: t.e 'ersons lia9le are "$ t.e organiBers or lea(ers o+ t.e
meeting an( "&$ t.e 'ersons 'resent at meeting!
Article 140. Direct Assa.lt
Acts 'unis.e(
! Wit.out 'u9lic u'rising: 9y em'loying +orce or intimi(ation +or t.e attainment
o+ any o+ t.e 'ur'oses enumerate( in (e?ning t.e crimes o+ re9ellion an(
se(ition%
Elements
! O7en(er em'loys +orce or intimi(ation%
&! T.e aim o+ t.e o7en(er is to attain any o+ t.e 'ur'oses o+ t.e crime o+
re9ellion or any o+ t.e o9Fects o+ t.e crime o+ se(ition%
*! T.ere is no 'u9lic u'rising!
&! Wit.out 'u9lic u'rising: 9y attac>ing: 9y em'loying +orce or 9y seriously
intimi(ating or 9y seriously resisting any 'erson in aut.ority or any o+ .is
agents: /.ile engage( in t.e 'er+ormance o+ oAcial (uties: or on occasion o+
suc. 'er+ormance!
Elements
! O7en(er ma>es an attac>: em'loys +orce: ma>es a serious
intimi(ation: or ma>es a serious resistance%
&! T.e 'erson assaulte( is a 'erson in aut.ority or .is agent%
*! At t.e time o+ t.e assault: t.e 'erson in aut.ority or .is agent is
engage( in t.e actual 'er+ormance o+ oAcial (uties: or t.at .e is
assaulte( 9y reason o+ t.e 'ast 'er+ormance o+ oAcial (uties%
*)
#! O7en(er >no/s t.at t.e one .e is assaulting is a 'erson in aut.ority or
.is agent in t.e e<ercise o+ .is (uties!
)! T.ere is no 'u9lic u'rising!
The crime is not based on the material conse<uence 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 speci>c, if a judge was 5illed while he was holding a session, the 5illing is not
the direct assault, but murder. There could be direct assault if the ofender 5illed the
judge simply because the judge is so strict in the ful>llment of his duty. 't is the spirit
of hate which is the essence of direct assault.

7o, where the spirit is present, it is always complexed with the material conse<uence
of the unlawful act. 'f 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. 'n the example of the judge
who was 5illed, the crime is direct assault with murder or homicide.
The only time when it is not complexed is when material conse<uence 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. 7o, if
an ofender who is charged with direct assault and in another court for the slight
physical 'njury which is part of the act, ac<uittal or conviction in one is a bar to the
prosecution in the other.
*xample of the >rst form of direct assault(
Three men bro5e into a -ational 3ood "uthority warehouse and lamented suferings
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
"rticle )9; $%&, 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. " barangay chairman is deemed a person in authority.
"gent 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.
'n applying the provisions of "rticles )+2 and )%), teachers, professors, and persons
charged with the supervision of public or duly recogni4ed 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.
*,
'n direct assault of the >rst form, the stature of the ofended person is immaterial.
The crime is manifested by the spirit of lawlessness.
'n the second form, you have to distinguish a situation where a person in authority or
his agent was attac5ed while performing o6cial functions, from a situation when he
is not performing such functions. 'f attac5 was done during the exercise of o6cial
functions, the crime is always direct assault. 't is enough that the ofender 5new that
the person in authority was performing an o6cial function whatever may be the
reason for the attac5, although what may have happened was a purely private afair.
Bn the other hand, if the person in authority or the agent was 5illed when no longer
performing o6cial functions, the crime may simply be the material conse<uence of
he unlawful act( murder or homicide. 3or the crime to be direct assault, the attac5
must be by reason of his o6cial function in the past. 1otive becomes important in
this respect. *xample, if a judge was 5illed while resisting the ta5ing of his watch,
there is no direct assault.
'n the second form of direct assault, it is also important that the ofended party 5new
that the person he is attac5ing is a person in authority or an agent of a person in
authority, performing his o6cial functions. -o 5nowledge, no lawlessness or
contempt.
3or example, if two persons were <uarreling 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 ofender 5new that he is a policeman.
'n this respect it is enough that the ofender should 5now that the ofended party was
exercising some form of authority. 't is not necessary that the ofender 5nows what
is meant by person in authority or an agent of one because ignorantia legis non
excusat.
Article 142. I$irect Assa.lt
Elements
! A 'erson in aut.ority or .is agent is t.e 0ictim o+ any o+ t.e +orms o+ (irect
assault (e?ne( in Article #1%
&! A 'erson comes to t.e ai( o+ suc. aut.ority or .is agent%
*! O7en(er ma>es use o+ +orce or intimi(ation u'on suc. 'erson coming to t.e
ai( o+ t.e aut.ority or .is 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.
Ta5e note that under "rticle )%#, 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. 'f such person were the one
attac5ed, the crime would be direct assault.
*-
Due to the amendment of "rticle )%#, without the corresponding amendment in
"rticle )%?, 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 1!5. Diso;e$iece to S.&&os Iss.e$ ;# Co*ressB Its Co&&ittees
or S.;co&&itteesB ;# t,e Costit.tioal Co&&issiosB Its Co&&itteesB
S.;co&&ittees or Di1isios
Acts 'unis.e(
! @y re+using: /it.out legal e<cuse: to o9ey summons o+ Congress: its s'ecial or
stan(ing committees an( su9committees: t.e Constitutional Commissions an(
its committees: su9committees or (i0isions: or 9y any commission or
committee c.airman or mem9er aut.oriBe( to summon /itnesses%
&! @y re+using to 9e s/orn or 'lace( un(er aArmation /.ile 9eing 9e+ore suc.
legislati0e or constitutional 9o(y or oAcial%
*! @y re+using to ans/er any legal in;uiry or to 'ro(uce any 9oo>s: 'a'ers:
(ocuments: or recor(s in .is 'ossession: /.en re;uire( 9y t.em to (o so in
t.e e<ercise o+ t.eir +unctions%
#! @y restraining anot.er +rom atten(ing as a /itness in suc. legislati0e or
constitutional 9o(y%
)! @y in(ucing (iso9e(ience to a summons or re+usal to 9e s/orn 9y any suc.
9o(y or oAcial!
Article 1!1. Resistace a$ Diso;e$iece to A %erso i A.t,orit# or t,e
A*ets o( S.c, %erso
Elements o+ resistance an( serious (iso9e(ience un(er t.e ?rst 'aragra'.
! A 'erson in aut.ority or .is agent is engage( in t.e 'er+ormance o+ oAcial
(uty or gi0es a la/+ul or(er to t.e o7en(er%
&! O7en(er resists or seriously (iso9eys suc. 'erson in aut.ority or .is agent%
*! T.e act o+ t.e o7en(er is not inclu(e( in t.e 'ro0ision o+ Articles #1: #2 an(
)3!
Elements o+ sim'le (iso9e(ience un(er t.e secon( 'aragra'.
! An agent o+ a 'erson in aut.ority is engage( in t.e 'er+ormance o+ oAcial
(uty or gi0es a la/+ul or(er to t.e o7en(er%
&! O7en(er (iso9eys suc. agent o+ a 'erson in aut.ority%
*! Suc. (iso9e(ience is not o+ a serious nature!
*1
Distinction 9et/een resistance or serious (iso9e(ience an( (irect assault

! In resistance: t.e 'erson in aut.ority or .is agent must 9e in actual
'er+ormance o+ .is (uties!
In (irect assault: t.e 'erson in aut.ority or .is agent must 9e engage( in t.e
'er+ormance o+ oAcial (uties or t.at .e is assaulte( 9y reason t.ereo+!
&! Resistance or serious (iso9e(ience is committe( only 9y resisting or seriously
(iso9eying a 'erson in aut.ority or .is agent!
Direct assault "t.e secon( +orm$ is committe( in +our /ays: t.at is: "$ 9y
attac>ing: "&$ 9y em'loying +orce: "*$ 9y seriously intimi(ating: an( "#$ 9y
seriously resisting a 'ersons in aut.ority or .is agent!
*! In 9ot. resistance against an agent o+ a 'erson in aut.ority an( (irect assault
9y resisting an agent o+ a 'erson in aut.ority: t.ere is +orce em'loye(: 9ut t.e
use o+ +orce in resistance is not so serious: as t.ere is no mani+est intention to
(e+y t.e la/ an( t.e oAcers en+orcing it!
T.e attac> or em'loyment o+ +orce /.ic. gi0es rise to t.e crime o+ (irect
assault must 9e serious an( (eli9erate% ot.er/ise: e0en a case o+ sim'le
resistance to an arrest: /.ic. al/ays re;uires t.e use o+ +orce o+ some >in(:
/oul( constitute (irect assault an( t.e lesser o7ense o+ resistance or
(iso9e(ience in Article ) /oul( entirely (isa''ear!
@ut /.en t.e one resiste( is a 'erson I aut.ority: t.e use o+ any >in( or
(egree o+ +orce /ill gi0e rise to (irect assault!
I+ no +orce is em'loye( 9y t.e o7en(er in resisting or (iso9eying a 'erson in
aut.ority: t.e crime committe( is resistance or serious (iso9e(ience un(er
t.e ?rst 'aragra'. o+ Article )!
W.o are (eeme( 'ersons in aut.ority an( agents o+ 'ersons in aut.ority un(er
Article 1!4
A 'erson in aut.ority is one (irectly 0este( /it. Furis(iction: t.at is: t.e 'o/er an(
aut.ority to go0ern an( e<ecute t.e la/s!
An agent o+ a 'erson in aut.ority is one c.arge( /it. "$ t.e maintenance o+ 'u9lic
or(er an( "&$ t.e 'rotection an( security o+ li+e an( 'ro'erty!
E<am'les o+ 'ersons in aut.ority
! Munici'al mayor%
&! Di0ision su'erinten(ent o+ sc.ools%
*! 6u9lic an( 'ri0ate sc.ool teac.ers%
#! Teac.erGnurse%
*2
)! 6resi(ent o+ sanitary (i0ision%
,! 6ro0incial ?scal%
-! Kustice o+ t.e 6eace%
1! Munici'al councilor%
2! @arrio ca'tain an( 9arangay c.airman!
Article 1!9. T.&.lts a$ Ot,er Dist.r;aces o( %.;lic Or$er
Acts 'unis.e(
! Causing any serious (istur9ance in a 'u9lic 'lace: oAce or esta9lis.ment%
&! Interru'ting or (istur9ing 'er+ormances: +unctions or gat.erings: or 'eace+ul
meetings: i+ t.e act is not inclu(e( in Articles * an( *&%
*! Ma>ing any outcry ten(ing to incite re9ellion or se(ition in any meeting:
association or 'u9lic 'lace%
#! Dis'laying 'lacar(s or em9lems /.ic. 'ro0o>e a (istur9ance o+ 'u9lic or(er in
suc. 'lace%
)! @urying /it. 'om' t.e 9o(y o+ a 'erson /.o .as 9een legally e<ecute(!
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.
3or a crime to be under this article, it must not fall under "rticles )9) $prohibition,
interruption, and dissolution of peaceful meetings& and )9# $interruption of religious
worship&.
'n the act of ma5ing outcry during speech tending to incite rebellion or sedition, the
situation must be distinguished from inciting to sedition or rebellion. 'f the
spea5er, even before he delivered his speech, already had the criminal
intent to incite the listeners to rise to sedition, the crime would be inciting to
sedition. However, if the ofender had no such criminal intent, but in the
course of his speech, tempers went high and so the spea5er started inciting
the audience to rise in sedition against the government, the crime is
disturbance of the public order.
The disturbance of the pubic order is tumultuous and the penalty is increased if it is
brought about by armed men. The term JarmedK does not refer to >rearms but
includes even big stones capable of causing grave injury.
't is also disturbance of the public order if a convict legally put to death is buried with
pomp. He should not be made out as a martyr@ it might incite others to hatred.
Article 1!4. Ula+(.l Use o( Meas o( %.;licatio a$ Ula+(.l Utteraces
#3
Acts 'unis.e(
! 6u9lis.ing or causing to 9e 'u9lis.e(: 9y means o+ 'rinting: lit.ogra'.y or any
ot.er means o+ 'u9lication: as ne/s any +alse ne/s /.ic. may en(anger t.e
'u9lic or(er% or cause (amage to t.e interest or cre(it o+ t.e State%
&! Encouraging (iso9e(ience to t.e la/ or to t.e constitute( aut.orities or
'raising: Fusti+ying or e<tolling any act 'unis.e( 9y la/: 9y t.e same means or
9y /or(s: utterances or s'eec.es%
*! Maliciously 'u9lis.ing or causing to 9e 'u9lis.e( any oAcial resolution or
(ocument /it.out 'ro'er aut.ority: or 9e+ore t.ey .a0e 9een 'u9lis.e(
oAcially%
#! 6rinting: 'u9lis.ing or (istri9uting "or causing t.e same$ 9oo>s: 'am'.lets:
'erio(icals: or leaCets /.ic. (o not 9ear t.e real 'rinterIs name: or /.ic. are
classi?e( as anonymous!
Actual 'u9lic (isor(er or actual (amage to t.e cre(it o+ t.e State is not necessary!
Re".;lic Act No. 440 'ro.i9its t.e re'rinting: re'ro(uction or re'u9lication o+
go0ernment 'u9lications an( oAcial (ocuments /it.out 're0ious aut.ority!
Article 1!!. Alar&s a$ Sca$als
Acts 'unis.e(
! Disc.arging any ?rearm: roc>et: ?recrac>er: or ot.er e<'losi0e /it.in any
to/n or 'u9lic 'lace: calculate( to cause "/.ic. 'ro(uces$ alarm o+ (anger%
&! Instigating or ta>ing an acti0e 'art in any c.ari0ari or ot.er (isor(erly meeting
o7ensi0e to anot.er or 'reFu(icial to 'u9lic tran;uility%
*! Distur9ing t.e 'u9lic 'eace /.ile /an(ering a9out at nig.t or /.ile engage(
in any ot.er nocturnal amusements%
#! Causing any (istur9ance or scan(al in 'u9lic 'laces /.ile into<icate( or
ot.er/ise: 'ro0i(e( Article )* in not a''lica9le!
/hen a person discharges a >rearm in public, the act may constitute any of the
possible crimes under the Revised Penal ode(
$)& "larms and scandals if the >rearm when discharged
was not directed to any particular person@
$#& 'llegal discharge of >rearm under "rticle #%+ if the >rearm is directed or
pointed to a particular person when discharged but intent to 5ill is absent@
$9& "ttempted homicide, murder, or parricide if the >rearm when discharged is
directed against a person and intent to 5ill is present.
#
'n this connection, understand that it is not necessary that the ofended party be
wounded or hit. 1ere discharge of >rearm towards another with intent to 5ill already
amounts to attempted homicide or attempted murder or attempted parricide. 't can
not be frustrated because the ofended party is not mortally wounded.
'n Arane)a v. Cour) o* A!!eal+, it was held that if a person is shot at and is
wounded, the crime is automatically attempted homicide. 'ntent to 5ill is
inherent in the use of the deadly weapon.
The crime alarms and scandal is only one crime. Do not thin5 that alarms and
scandals are two crimes.
7candal here does not refer to moral scandal@ that one is grave scandal in "rticle
#??. The essence of the crime is disturbance of public tran<uility and public peace.
7o, any 5ind of disturbance of public order where the circumstance at the time
renders the act ofensive to the tran<uility prevailing, the crime is committed.
harivari is a moc5 serenade wherein the supposed serenaders use bro5en cans,
bro5en pots, bottles or other utensils thereby creating discordant notes.
"ctually, it is producing noise, not music and so it also disturbs public
tran<uility. Anderstand the nature of the crime of alarms and scandals as one
that disturbs public tran<uility or public peace. 'f the annoyance is intended for
a particular person, the crime is unjust vexation.
*ven if the persons involved are engaged in nocturnal activity li5e 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 1!'. Deli1eri* %risoers (ro& >ail
Elements
! T.ere is a 'erson con?ne( in a Fail or 'enal esta9lis.ment%
&! O7en(er remo0es t.ere+rom suc. 'erson: or .el's t.e esca'e o+ suc. 'erson!
6enalty o+ arresto mayor in its ma<imum 'erio( to 'rision correccional in its minimum
'erio( is im'ose( i+ 0iolence: intimi(ation or 9ri9ery is use(!
6enalty o+ arresto mayor i+ ot.er means are use(!
6enalty (ecrease( to t.e minimum 'erio( i+ t.e esca'e o+ t.e 'risoner s.all ta>e
'lace outsi(e o+ sai( esta9lis.ments 9y ta>ing t.e guar(s 9y sur'rise!
'n relation to in>delity in the custody of prisoners, correlate the crime of delivering
person from jail with in>delity in the custody of prisoners punished under
"rticles ##9, ##+ and ##% of the Revised Penal ode. 'n both acts, the
ofender may be a public o6cer or a private citi4en. Do not thin5 that
in>delity in the custody of prisoners can only be committed by a public
o6cer and delivering persons from jail can only be committed by private
person. =oth crimes may be committed by public o6cers as well as
private persons.
#&
'n 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 ofender is
the custodian of the prisoner or not at the time the prisoner was made to escape. 'f
the ofender is the custodian at that time, the crime is in>delity in the custody of
prisoners. =ut if the ofender is not the custodian of the prisoner at that time, even
though he is a public o6cer, the crime he committed is delivering prisoners from jail.
Eiability of the prisoner or detainee who escaped , /hen these crimes are
committed, whether in>delity 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 >nal 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 >nal
judgment.
'f the prisoner who escapes is only a detention prisoner, he does not incur liability
from escaping if he does not 5now of the plan to remove him from jail. =ut if such
prisoner 5nows 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.
'f three persons are involved , a stranger, the custodian and the prisoner , three
crimes are committed(
$)& 'n>delity in the custody of prisoners@
$#& Delivery of the prisoner from jail@ and
$9& *vasion of service of sentence.
Article 1!). E1asio o( Ser1ice o( Setece
Elements
1. O7en(er is a con0ict 9y ?nal Fu(gment%
2. =e is ser0ing sentence /.ic. consists in t.e (e'ri0ation o+ li9erty%
3. =e e0a(es ser0ice o+ .is sentence 9y esca'ing (uring t.e term o+ .is
im'risonment!
Huali+ying circumstances as to 'enalty im'ose(
I+ suc. e0asion or esca'e ta>es 'lace 8
! @y means o+ unla/+ul entry "t.is s.oul( 9e M9y scalingN G Reyes$%
&! @y 9rea>ing (oors: /in(o/s: gates: /alls: roo+s or Coors%
*! @y using 'ic>loc>: +alse >eys: (isguise: (eceit: 0iolence or intimi(ation% or
#! T.roug. conni0ance /it. ot.er con0icts or em'loyees o+ t.e 'enal institution!
#*
*vasion of service of sentence has three forms(
$)& =y simply leaving or escaping from the penal establishment under "rticle )%C@
$#& 3ailure to return within +2 hours after having left the penal establishment
because of a calamity, con8agration or mutiny and such calamity,
con8agration or mutiny has been announced as already passed under "rticle
)%2@
$9& :iolating the condition of conditional pardon under "rticle )%;.
'n leaving or escaping from jail or prison, that the prisoner immediately returned is
immaterial. 't is enough that he left the penal establishment by escaping
therefrom. His voluntary return may only be mitigating, being analogous to
voluntary surrender. =ut the same will not absolve his criminal liability.
Article 1!0. E1asio o( Ser1ice o( Setece o t,e Occasio o( Disor$ersB
CoEa*ratiosB Eart,F.a?esB or Ot,er Cala&ities
Elements
! O7en(er is a con0ict 9y ?nal Fu(gment: /.o is con?ne( in a 'enal institution%
&! T.ere is (isor(er: resulting +rom 8
a! conCagration%
9! eart.;ua>e%
c! e<'losion% or
(! similar catastro'.e% or
e! mutiny in /.ic. .e .as not 'artici'ate(%
*! =e e0a(es t.e ser0ice o+ .is sentence 9y lea0ing t.e 'enal institution /.ere
.e is con?ne(: on t.e occasion o+ suc. (isor(er or (uring t.e mutiny%
#! =e +ails to gi0e .imsel+ u' to t.e aut.orities /it.in #1 .ours +ollo/ing t.e
issuance o+ a 'roclamation 9y t.e C.ie+ E<ecuti0e announcing t.e 'assing
a/ay o+ suc. calamity!
##
The leaving from the penal establishment is not the basis of criminal liability. 't is the
failure to return within +2 hours after the passing of the calamity,
con8agration or mutiny had been announced. Ander "rticle )%2, those who
return within +2 hours are given credit or deduction from the remaining
period of their sentence e<uivalent to )O% of the original term of the
sentence. =ut if the prisoner fails to return within said +2 hours, an added
penalty, also )O%, shall be imposed but the )O% penalty is based on the
remaining period of the sentence, not on the original sentence. 'n no case
shall that penalty exceed six months.
Those who did not leave the penal establishment are not entitled to the )O% credit.
Bnly those who left and returned within the +2!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. Bne who
escapes during a riot will be subject to "rticle )%C, that is, simply leaving or
escaping the penal establishment.
1utiny is one of the causes which may authori4e a convict serving sentence in the
penitentiary to leave the jail provided he has not ta5en 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 #%
5ilometers to such places as stated in the judgment.
'f 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 1!2. Ot,er Cases o( E1asio o( Ser1ice o( Setece
Elements o+ 0iolation o+ con(itional 'ar(on
! O7en(er /as a con0ict%
&! =e /as grante( 'ar(on 9y t.e C.ie+ E<ecuti0e%
*! =e 0iolate( any o+ t.e con(itions o+ suc. 'ar(on!
'n 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.
"s 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 re<uired 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 diferent
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. *xception( 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 ma5e the condition perpetual even
beyond the unserved portion of the sentence. 'n such case, the convict may be
re<uired to serve the unserved portion of the sentence even though the violation has
ta5en place when the sentence has already lapsed.
'n order that the conditional pardon may be violated, it is conditional that the
pardonee received the conditional pardon. 'f he is released without conformity to the
conditional pardon, he will not be liable for the crime of evasion of service of
sentence.
7.estio 8 As+er
Is t.e 0iolation o+ con(itional 'ar(on a su9stanti0e o7enseD
Ander "rticle )%;, there are two situations provided(
$)& There is a penalty of prision correccional minimum for the violation of the
conditional pardon@
$#& There is no new penalty imposed for the violation of the conditional pardon.
'nstead, the convict will be re<uired to serve the unserved portion of the
sentence.
'f the remitted portion of the sentence is less than six years or up to six years,
there is an added penalty of prision correccional minimum for the violation of the
conditional pardon@ hence, the violation is a substantive ofense if the remitted
portion of the sentence does not exceed six years because in this case a new penalty
is imposed for the violation of the conditional pardon.
=ut if the remitted portion of the sentence exceeds six years, the violation of
the conditional pardon is not a substantive ofense because no new penalty is
imposed for the violation.
'n other words, you have to <ualify your answer.
The 7upreme ourt, however, has ruled in the case of An%ele+ v. ,o+e that
this is not a substantive ofense. This has been highly critici4ed.
Article 1'5. Co&&issio o( Aot,er Cri&e D.ri* Ser1ice o( %ealt#
I&"ose$ (or Aot,er %re1io.s O/ese
Elements
! O7en(er /as alrea(y con0icte( 9y ?nal Fu(gment o+ one o7ense%
#,
&! =e committe( a ne/ +elony 9e+ore 9eginning to ser0e suc. sentence or /.ile
ser0ing t.e same!
TITLE I3. CRIMES AGAINST %UCLIC INTEREST
Crimes against 'u9lic interest
! Counter+eiting t.e great seal o+ t.e Go0ernment o+ t.e 6.ili''ines "Art! ,$%
&! Using +orge( signature or counter+eiting seal or stam' "Art! ,&$%
*! Ma>ing an( im'orting an( uttering +alse coins "Art! ,*$%
#! Mutilation o+ coins: im'ortation an( uttering o+ mutilate( coins "Art! ,#$%
)! Selling o+ +alse or mutilate( coins: /it.out conni0ance "Art! ,)$%
,! 4orging treasury or 9an> notes or ot.er (ocuments 'aya9le to 9earer:
im'orting an( uttering o+ suc. +alse or +orge( notes an( (ocuments "Art! ,,$%
-! Counter+eiting: im'orting an( uttering instruments not 'aya9le to 9earer "Art!
,-$%
1! Illegal 'ossession an( use o+ +orge( treasury or 9an> notes an( ot.er
instruments o+ cre(it "Art! ,1$%
2! 4alsi?cation o+ legislati0e (ocuments "Art! -3$%
3! 4alsi?cation 9y 'u9lic oAcer: em'loyee or notary "Art! -$%
! 4alsi?cation 9y 'ri0ate in(i0i(uals an( use o+ +alsi?e( (ocuments "Art! -&$%
&! 4alsi?cation o+ /ireless: ca9le: telegra'. an( tele'.one messages an( use o+
sai( +alsi?e( messages "Art! -*$%
*! 4alse me(ical certi?cates: +alse certi?cates o+ merit or ser0ice "Art! -#$%
#! Using +alse certi?cates "Art! -)$%
)! Manu+acturing an( 'ossession o+ instruments or im'lements +or +alsi?cation
"Art! -,$%
,! Usur'ation o+ aut.ority or oAcial +unctions "Art! --$%
-! Using ?ctitious name an( concealing true name "Art! -1$%
1! Illegal use o+ uni+orms or insignia "Art! -2$%
2! 4alse testimony against a (e+en(ant "Art! 13$%
&3! 4alse testimony +a0ora9le to t.e (e+en(ant "Art! 1$%
&! 4alse testimony in ci0il cases "Art! 1&$%
#-
&&! 4alse testimony in ot.er cases an( 'erFury "Art! 1*$%
&*! O7ering +alse testimony in e0i(ence "Art! 1#$%
&#! Mac.inations in 'u9lic auction "Art! 1)$%
&)! Mono'olies an( com9inations in restraint o+ tra(e "Art! 1,$%
&,! Im'ortation an( (is'osition o+ +alsely mar>e( articles or merc.an(ise ma(e o+
gol(: sil0er: or ot.er 'recious metals or t.eir alloys "Art! 1-$%
&-! Su9stituting an( altering tra(e mar>s an( tra(e names or ser0ice mar>s "Art!
11$%
&1! Un+air com'etition an( +rau(ulent registration o+ tra(e mar> or tra(e name: or
ser0ice mar>% +rau(ulent (esignation o+ origin: an( +alse (escri'tion "Art! 12$!
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 1'1. Co.ter(eiti* t,e Great Seal o( t,e Go1er&et o( t,e
%,ili""ie Isla$sB For*i* t,e Si*at.re or Sta&" o( t,e C,ie( EAec.ti1e
Acts 'unis.e(
! 4orging t.e great seal o+ t.e Go0ernment o+ t.e 6.ili''ines%
&! 4orging t.e signature o+ t.e 6resi(ent%
*! 4orging t.e stam' o+ t.e 6resi(ent!
Article 1'4. Usi* For*e$ Si*at.re or Co.ter(eit Seal or Sta&"
Elements
! T.e great seal o+ t.e Re'u9lic /as counter+eite( or t.e signature or stam' o+
t.e C.ie+ E<ecuti0e /as +orge( 9y anot.er 'erson%
&! O7en(er >ne/ o+ t.e counter+eiting or +orgery%
*! =e use( t.e counter+eit seal or +orge( signature or stam'!
O7en(er un(er t.is article s.oul( not 9e t.e +orger!
Article 1'9. Ma?i* a$ I&"orti* a$ Utteri* False Cois
Elements
#1
! T.ere 9e +alse or counter+eite( coins%
&! O7en(er eit.er ma(e: im'orte( or uttere( suc. coins%
*! In case o+ uttering suc. +alse or counter+eite( coins: .e conni0e( /it. t.e
counter+eiters or im'orters!
Oin(s o+ coins t.e counter+eiting o+ /.ic. is 'unis.e(
! Sil0er coins o+ t.e 6.ili''ines or coins o+ t.e Central @an> o+ t.e 6.ili''ines%
&! Coins o+ t.e minor coinage o+ t.e 6.ili''ines or o+ t.e Central @an> o+ t.e
6.ili''ines%
*! Coin o+ t.e currency o+ a +oreign country!
Article 1'4. M.tilatio o( Cois
Acts 'unis.e(
! Mutilating coins o+ t.e legal currency: /it. t.e +urt.er re;uirements t.at t.ere
9e intent to (amage or to (e+rau( anot.er%
&! Im'orting or uttering suc. mutilate( coins: /it. t.e +urt.er re;uirement t.at
t.ere must 9e conni0ances /it. t.e mutilator or im'orter in case o+ uttering!
The >rst acts of falsi>cation or falsity are ,
$)& ounterfeiting , refers to money or currency@
$#& 3orgery , refers to instruments of credit and obligations and securities issued
by the Philippine government or any ban5ing institution authori4ed by the
Philippine government to issue the same@
$9& 3alsi>cation , can only be committed in respect of documents.
'n so far as coins in circulation are concerned, there are two crimes that may be
committed(
$)& ounterfeiting coins !! This is the crime of rema5ing or manufacturing without
any authority to do so.
'n 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 penali4ed. 'n punishing the crime of
counterfeiting, the law wants to prevent people from trying their ingenuity in their
imitation of the manufacture of money.
't is not necessary that the coin counterfeited be legal tender. 7o 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
#2
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. 7oon, if they develop the expertise to ma5e the
counterfeiting more or less no longer discernible or no longer noticeable, they could
ma5e use of their ingenuity to counterfeit coins of legal tender. 3rom that time on,
the government shall have di6culty determining which coins are counterfeited and
those which are not. 't may happen that the counterfeited coins may loo5 better
than the real ones. 7o, counterfeiting is penali4ed right at the very start whether the
coin is legal tender or otherwise.
7.estio 8 As+er
P .as in .is 'ossession a coin /.ic. /as legal ten(er at t.e time o+ Magellan
an( is consi(ere( a collectorIs item! =e manu+acture( se0eral 'ieces o+ t.at coin! Is
t.e crime committe(D
Fes. 't is not necessary that the coin be of legal tender. The provision
punishing counterfeiting does not re<uire 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. 'f it were
otherwise, people may at the beginning try their ingenuity in imitating money not of
legal tender and once they ac<uire expertise, they may then counterfeit money of
legal tender.
$#& 1utilation of coins !! This refers to the deliberate act of diminishing the proper
metal contents of the coin either by scraping, scratching or >lling the edges of
the coin and the ofender gathers the metal dust that has been scraped from
the coin.
Re<uisites of mutilation under the Revised Penal ode
$)& $)& oin mutilated is of legal tender@
$#& Bfender gains from the precious metal dust abstracted from the coin@ and
$9& 't has to be a coin.
1utilation is being regarded as a crime because the coin, being of legal tender, it is
still in circulation and which would necessarily prejudice other people who may come
across the coin. 3or example, G mutilated a P #.?? coin, the octagonal one, by
converting it into a round one and extracting )O)? of the precious metal dust from it.
The coin here is no longer P#.?? but only P ).2?, therefore, prejudice to the public
has resulted.
There is no expertise involved here. 'n mutilation of coins under the Revised Penal
ode, the ofender does nothing but to scrape, pile or cut the coin and collect the
dust and, thus, diminishing the intrinsic value of the coin.
1utilation of coins is a crime only if the coin mutilated is legal tender. 'f the coin
whose metal content has been depreciated through scraping, scratching, or >ling the
coin and the ofender collecting the precious metal dust, even if he would use the
)3
coin after its intrinsic value had been reduced, nobody will accept the same. 'f it is
not legal tender anymore, no one will accept it, so nobody will be defrauded. =ut if
the coin is of legal tender, and the ofender minimi4es or decreases the precious
metal dust content of the coin, the crime of mutilation is committed.
'n the example, if the ofender has collected )O)? of the P #.?? coin, the coin is
actually worth only P ).2?. He is paying only P).2? in efect defrauding the seller of
P .#?. Punishment for mutilation is brought about by the fact that the intrinsic value
of the coin is reduced.
The ofender must deliberately reduce the precious metal in the coin. Deliberate
intent arises only when the ofender collects the precious metal dust from the
mutilated coin. 'f the ofender does not collect such dust, intent to mutilate is
absent, but Presidential Decree -o. #+C will apply.
%resi$etial Decree No. 44) <De(ace&etB M.tilatioB Teari*B C.ri* or
Destro#i* Cetral Ca? Notes a$ Cois@
It s.all 9e unla/+ul +or any 'erson to /ill+ully (e+ace: mutilate: tear: 9urn: or (estroy
in any manner /.atsoe0er: currency notes an( coins issue( 9y t.e Central @an>!
1utilation under the Revised Penal ode is true only to coins. 't cannot be a crime
under the Revised Penal ode to mutilate paper bills because the idea of mutilation
under the code is collecting the precious metal dust. However, under Presidential
Decree -o. #+C, mutilation is not limited to coins.
7.estios 8 As+ers
! T.e 'eo'le 'laying cara y cruB: 9e+ore t.ey t.ro/ t.e coin in t.e air
/oul( ru9 t.e money to t.e si(e/al> t.ere9y (iminis.ing t.e intrinsic 0alue o+ t.e
coin! Is t.e crime o+ mutilation committe(D
1utilation, under the Revised Penal ode, 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 -o. #+C.
&! W.en t.e image o+ Kose RiBal on a ?0eG'eso 9ill is trans+orme( into t.at
o+ Ran(y Santiago: is t.ere a 0iolation o+ 6resi(ential Decree No! &#-D
Fes. Presidential Decree -o. #+C is violated by such act.
*! Sometime 9e+ore martial la/ /as im'ose(: t.e 'eo'le lost con?(ence
in 9an>s t.at t.ey 're+erre( .oar(ing t.eir money t.an (e'ositing it in 9an>s!
4ormer 6resi(ent 4er(inan( Marcos (eclare( u'on (eclaration o+ martial la/ t.at all
9ills /it.out t.e @agong Li'unan sign on t.em /ill no longer 9e recogniBe(! @ecause
o+ t.is: t.e 'eo'le .a( no c.oice 9ut to surren(er t.eir money to 9an>s an(
e<c.ange t.em /it. t.ose /it. t.e @agong Li'unan sign on t.em! =o/e0er: 'eo'le
/.o came u' /it. a lot o+ money /ere also 9eing c.arge( /it. .oar(ing +or /.ic.
reason certain 'rinting 'resses (i( t.e stam'ing o+ t.e @agong Li'unan sign
t.emsel0es to a0oi( 'rosecution! Was t.ere a 0iolation o+ 6resi(ential Decree No!
&#-D
)
Fes. This act of the printing presses is a violation of Presidential Decree -o.
#+C.
#! An ol( /oman /.o /as a cigarette 0en(or in Huia'o re+use( to acce't
oneGcenta0o coins +or 'ayment o+ t.e 0en(ee o+ cigarettes .e 'urc.ase(! T.en came
t.e 'olice /.o a(0ise( .er t.at s.e .as no rig.t to re+use since t.e coins are o+ legal
ten(er! On t.is: t.e ol( /oman acce'te( in .er .an(s t.e oneGcenta0o coins an(
t.en t.re/ it to t.e +ace o+ t.e 0en(ee an( t.e 'olice! Was t.e ol( /oman guilty o+
0iolating 6resi(ential Decree No! &#-D
7he was guilty of violating Presidential Decree -o. #+C because if no one ever
pic5s up the coins, her act would result in the diminution of the coin in circulation.
)! A certain customer in a restaurant /ante( to s.o/ o7 an( use( a 6
&3!33 9ill to lig.t .is cigarette! Was .e guilty o+ 0iolating 6resi(ential Decree No!
&#-D
He was guilty of arrested for violating of Presidential Decree -o. #+C. "nyone
who is in possession of defaced money is the one who is the violator of Presidential
Decree -o. #+C. The intention of Presidential Decree -o. #+C 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 entral =an5 of the Philippines.
-ote that persons ma5ing bracelets out of some coins violate Presidential Decree -o.
#+C.
The primary purpose of Presidential Decree -o. #+C at the time it was ordained was
to stop the practice of people writing at the bac5 or on the edges of the paper bills,
such as Pwanted( pen palP.
7o, if the act of mutilating coins does not involve gathering dust li5e playing cara y
cru4, that is not mutilation under the Revised Penal ode because the ofender does
not collect the metal dust. =ut by rubbing the coins on the sidewal5, he also defaces
and destroys the coin and that is punishable under Presidential Decree -o. #+C.
Article 1'!. Selli* o( False or M.tilate$ CoiB +it,o.t Coi1ace
Acts 'unis.e(
! 6ossession o+ coin: counter+eite( or mutilate( 9y anot.er 'erson: /it. intent
to utter t.e same: >no/ing t.at it is +alse or mutilate(%
Elements
1. 6ossession%
2. Wit. intent to utter% an(
3. Ono/le(ge!
&! Actually uttering suc. +alse or mutilate( coin: >no/ing t.e same to 9e +alse or
mutilate(!
)&
Elements
1. Actually uttering% an(
2. Ono/le(ge!
Article 1''. For*i* Treas.r# or Ca? Notes or Ot,er Doc.&ets %a#a;le to
CearerG I&"orti* a$ Utteri* S.c, False or For*e$ Notes a$ Doc.&ets
Acts 'unis.e(
! 4orging or +alsi?cation o+ treasury or 9an> notes or ot.er (ocuments 'aya9le
to 9earer%
&! Im'ortation o+ suc. +alse or +orge( o9ligations or notes%
*! Uttering o+ suc. +alse or +orge( o9ligations or notes in conni0ance /it. t.e
+orgers or im'orters!
Article 1'). Co.ter(eiti*B I&"orti*B a$ Utteri* Istr.&ets Not
%a#a;le to Cearer
Elements
1. T.ere is an instrument 'aya9le to or(er or ot.er (ocuments o+ cre(it not 'aya9le
to 9earer%
2. O7en(er eit.er +orge(: im'orte( or uttere( suc. instrument%
3. In case o+ uttering: .e conni0e( /it. t.e +orger or im'orter!
Article 1'0. Ille*al %ossessio a$ Use o( False Treas.r# or Ca? Notes a$
Ot,er Istr.&ets o( Cre$it
Elements
! Any treasury or 9an> note or certi?cate or ot.er o9ligation an( security
'aya9le to 9earer: or any instrument 'aya9le to or(er or ot.er (ocument o+
cre(it not 'aya9le to 9earer is +orge( or +alsi?e( 9y anot.er 'erson%
&! O7en(er >no/s t.at any o+ t.ose instruments is +orge( or +alsi?e(%
*! =e eit.er 8
a! uses any o+ suc. +orge( or +alsi?e( instruments% or
9! 'ossesses /it. intent to use any o+ suc. +orge( or +alsi?e(
instruments!
=o/ +orgery is committe( un(er Article 1'2
)*
1. @y gi0ing to a treasury or 9an> note or any instrument 'aya9le to 9earer or to
or(er mentione( t.erein: t.e a''earance o+ a true an( genuine (ocument%
&! @y erasing: su9stituting: counter+eiting: or altering 9y any means t.e ?gures:
letters: /or(s: or sign containe( t.erein!
3orgery under the Revised Penal ode 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. 0enerally, the word JcounterfeitingK
is not used when it comes to notes@ what is used is Jforgery.K ounterfeiting refers
to money, whether coins or bills.
The Revised Penal ode de>nes forgery under "rticle ).;. -otice 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. -ot any alteration of a
letter, number, >gure or design would amount to forgery. "t most, it would only be
frustrated forgery.

/hen what is being counterfeited is obligation or securities, which under the Revised
Penal ode is given a status of money or legal tender, the crime committed is
forgery.
7.estios 8 As+ers
! Instea( o+ t.e 'eso sign "6$: some9o(y re'lace( it /it. a (ollar sign
"Q$! Was t.e crime o+ +orgery committe(D
-o. 3orgery 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 -o. #+C. /here the currency note,
obligation or security has been changed to ma5e it appear as one which it purports
to be as genuine, the crime is forgery. 'n chec5s or commercial documents, this
crime is committed when the >gures or words are changed which materially alters
the document.
&! An ol( man: in .is (esire to earn somet.ing: scra'e( a (igit in a losing
s/ee'sta>es tic>et: cut out a (igit +rom anot.er tic>et an( 'aste( it t.ere to matc.
t.e series o+ (igits corres'on(ing to t.e /inning s/ee'sta>es tic>et! =e 'resente(
t.is tic>et to t.e 6.ili''ine C.arity S/ee'sta>es OAce! @ut t.e alteration is so cru(e
t.at e0en a c.il( can notice t.at t.e su''ose( (igit is merely su'erim'ose( on t.e
(igit t.at /as scra'e(! Was t.e ol( man guilty o+ +orgeryD
=ecause of the impossibility of deceiving whoever would be the person to
whom that tic5et is presented, the 7upreme ourt ruled that what was committed
was an impossible crime. -ote, however, that the decision has been critici4ed. 'n a
case li5e this, the 7upreme ourt of 7pain ruled that the crime is frustrated. /here
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 conse<uence but nevertheless did not result in a
consummation for reasons independent of his will.
)#
*! A 'erson .as a t/entyG'eso 9ill! =e a''lie( toot.ac.e (ro's on one
si(e o+ t.e 9ill! =e .as a mimeogra'. 'a'er similar in te<ture to t.at o+ t.e currency
note an( 'lace( it on to' o+ t.e t/entyG'eso 9ill an( 'ut some /eig.t on to' o+ t.e
'a'er! A+ter sometime: .e remo0e( it an( t.e 'rinting on t.e t/entyG'eso 9ill /as
re'ro(uce( on t.e mimeo 'a'er! =e too> t.e re0erse si(e o+ t.e 6&3 9ill: a''lie(
toot.ac.e (ro's an( re0erse( t.e mimeo 'a'er an( 'resse( it to t.e 'a'er! A+ter
sometime: .e remo0e( it an( it /as re'ro(uce(! =e cut it out: scra'e( it a little an(
/ent to a sariGsari store trying to 9uy a cigarette /it. t.at 9ill! W.at .e o0erloo>e(
/as t.at: /.en .e 'lace( t.e 9ill: t.e 'rinting /as in0erte(! =e /as a''re.en(e(
an( /as 'rosecute( an( con0icte( o+ +orgery! Was t.e crime o+ +orgery committe(D
The 7upreme ourt ruled that it was only frustrated forgery because although
the ofender has performed all the acts of execution, it is not possible because by
simply loo5ing at the forged document, it could be seen that it is not genuine. 't can
only be a consummated forgery if the document which purports to be genuine is
given the appearance of a true and genuine document. Btherwise, it is at most
frustrated.
Article 1)5. Falsi:catio o( Le*islati1e Doc.&ets
Elements
! T.ere is a 9ill: resolution or or(inance enacte( or a''ro0e( or 'en(ing
a''ro0al 9y eit.er =ouse o+ t.e Legislature or any 'ro0incial 9oar( or
munici'al council%
&! O7en(er alters t.e same%
*! =e .as no 'ro'er aut.ority t.ere+or%
#! T.e alteration .as c.ange( t.e meaning o+ t.e (ocuments!
T.e /or(s Lmunici'al councilL s.oul( inclu(e t.e city council or munici'al 9oar( 8
Reyes!
The crime of falsi>cation 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. Antil
and unless the writing has attained this <uality, it will not be considered as document
in the legal sense and, therefore, the crime of falsi>cation cannot be committed in
respect thereto.
3ive classes of falsi>cation(
$)& 3alsi>cation of legislative documents@
$#& 3alsi>cation of a document by a public o6cer, employee or notary public@
$9& 3alsi>cation of a public or o6cial, or commercial documents by a private
individual@
$+& 3alsi>cation of a private document by any person@
))
$%& 3alsi>cation of wireless, telegraph and telephone messages.
Distinction between falsi>cation and forgery(
3alsi>cation is the commission of any of the eight acts mentioned in "rticle )C) on
legislative $only the act of ma5ing alteration&, public or o6cial, commercial, or
private documents, or wireless, or telegraph messages.
The term forgery as used in "rticle ).; refers to the falsi>cation and counterfeiting of
treasury or ban5 notes or any instruments payable to bearer or to order.
-ote that forging and falsi>cation are crimes under 3orgeries.
Article 1)1. Falsi:catio ;# %.;lic ODcerB E&"lo#ee or Notar# or
Ecclesiastical Miister
Elements
! O7en(er is a 'u9lic oAcer: em'loyee: or notary 'u9lic%
&! =e ta>es a(0antage o+ .is oAcial 'osition%
*! =e +alsi?es a (ocument 9y committing any o+ t.e +ollo/ing actsE
a! Counter+eiting or imitating any .an(/riting: signature or ru9ric%
9! Causing it to a''ear t.at 'ersons .a0e 'artici'ate( in any act or
'rocee(ing /.en t.ey (i( not in +act so 'artici'ate%
c! Attri9uting to 'ersons /.o .a0e 'artici'ate( in an act or 'rocee(ing
statements ot.er t.an t.ose in +act ma(e 9y t.em%
(! Ma>ing untrut.+ul statements in a narration o+ +acts%
e! Altering true (ates%
+! Ma>ing any alteration or intercalation in a genuine (ocument /.ic.
c.anges its meaning%
g! Issuing in an aut.enticate( +orm a (ocument 'ur'orting to 9e a
co'y o+ an original (ocument /.en no suc. original e<ists: or inclu(ing
in suc. a co'y a statement contrary to: or (i7erent +rom: t.at o+ t.e
genuine original% or

.! Intercalating any instrument or note relati0e to t.e issuance t.ereo+ in
a 'rotocol: registry: or oAcial 9oo>!
#! In case t.e o7en(er is an ecclesiastical minister /.o s.all commit any o+ t.e
o7enses enumerate(: /it. res'ect to any recor( or (ocument o+ suc.
c.aracter t.at its +alsi?cation may a7ect t.e ci0il status o+ 'ersons!
3or example, a customer in a hotel did not write his name on the registry boo5, which
was intended to be a memorial of those who got in and out of that hotel. There is no
),
complete document to spea5 of. The document may not extinguish or create rights
but it can be an evidence of the facts stated therein.
-ote that a chec5 is not yet a document when it is not completed yet. 'f somebody
writes on it, he ma5es 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 falsi>cation is committed.
't does not re<uire that the writing be genuine. *ven if the writing was through and
through false, if it appears to be genuine, the crime of falsi>cation is nevertheless
committed.
7.estios 8 As+ers
! A is one o+ t.ose selling resi(ence certi?cates in Huia'o! =e /as
9roug.t to t.e 'olice 'recincts on sus'icion t.at t.e certi?cates .e /as selling to t.e
'u9lic 'rocee( +rom s'urious sources an( not +rom t.e @ureau o+ Treasury! U'on
0eri?cation: it /as +oun( out t.at t.e certi?cates /ere in(ee( 'rinte( /it. a 9oo>let
o+ su''ose( resi(ence certi?cates! W.at crime /as committe(D
rime committed is violation of "rticle )C. $manufacturing and possession of
instruments or implements for falsi>cation&. " cannot be charged of falsi>cation
because the boo5let of residence certi>cates found in his possession is not in the
nature of JdocumentK 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 counterfeitingOforgery or
falsi>cation.
&! 6u9lic oAcers +oun( a traAc 0iolation recei'ts +rom a certain 'erson!
T.e recei'ts /ere not issue( 9y t.e Motor Ve.icle OAce! 4or /.at crime s.oul( .e
9e 'rosecute( +orD
't cannot be a crime of usurpation of o6cial functions. 't 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. -either can he be prosecuted for falsi>cation because the document is
not completed yet, there being no name of any erring driver. The document remains
to be a mere form. 't not being completed yet, the document does not <ualify as a
document in the legal sense.
#! Can t.e /riting on t.e /all 9e consi(ere( a (ocumentD
Fes. 't is capable of spea5ing of the facts stated therein. /riting may be on
anything as long as it is a product of the handwriting, it is considered a document.
)! In a case /.ere a la/yer trie( to e<tract money +rom a s'inster 9y
ty'ing on a 9on( 'a'er a su9'oena +or esta+a! T.e s'inster agree( to 'ay! T.e
s'inster /ent to t.e 'rosecutorIs oAce to 0eri+y t.e e<act amount an( +oun( out t.at
t.ere /as no c.arge against .er! T.e la/yer /as 'rosecute( +or +alsi?cation! =e
conten(e( t.at only a genuine (ocument coul( 9e +alsi?e(! Rule!
)-
"s long as any of the acts of falsi>cation is committed, whether the document
is genuine or not, the crime of falsi>cation may be committed. *ven totally false
documents may be falsi>ed.
There are four 5inds of documents(
$)& Public document in the execution of which, a person in authority or notary
public has ta5en part@
$#& B6cial document in the execution of which a public o6cial ta5es part@
$9& ommercial document or any document recogni4ed by the ode of ommerce
or any commercial law@ and
$+& Private document in the execution of which only private individuals ta5e part.
Public document is broader than the term o6cial document. =efore a document may
be considered o6cial, it must >rst be a public document. =ut not all public
documents are o6cial documents. To become an o6cial document, there must be a
law which re<uires a public o6cer to issue or to render such document. *xample( "
cashier is re<uired to issue an o6cial receipt for the amount he receives. The o6cial
receipt is a public document which is an o6cial document.
Article 1)4. Falsi:catio ;# %ri1ate I$i1i$.al a$ Use o( Falsi:e$
Doc.&ets
Acts 'unis.e(
! 4alsi?cation o+ 'u9lic: oAcial or commercial (ocument 9y a 'ri0ate in(i0i(ual%
&! 4alsi?cation o+ 'ri0ate (ocument 9y any 'erson%
*! Use o+ +alsi?e( (ocument!
Elements un(er 'aragra'.
! O7en(er is a 'ri0ate in(i0i(ual or 'u9lic oAcer or em'loyee /.o (i( not ta>e
a(0antage o+ .is oAcial 'osition%
2. =e committe( any act o+ +alsi?cation%
*! T.e +alsi?cation /as committe( in a 'u9lic: oAcial: or commercial (ocument
or letter o+ e<c.ange!
Elements un(er 'aragra'. &
! O7en(er committe( any o+ t.e acts o+ +alsi?cation e<ce't Article -"-$: t.at is:
issuing in an aut.enticate( +orm a (ocument 'ur'orting to 9e a co'y o+ an
original (ocument /.en no suc. original e<ists: or inclu(ing in suc. a co'y a
statement contrary to: or (i7erent +rom: t.at o+ t.e genuine original%
)1
&! 4alsi?cation /as committe( in any 'ri0ate (ocument%
*! 4alsi?cation causes (amage to a t.ir( 'arty or at least t.e +alsi?cation /as
committe( /it. intent to cause suc. (amage!
Elements un(er t.e last 'aragra'.
In intro(ucing in a Fu(icial 'rocee(ing 8
1. O7en(er >ne/ t.at t.e (ocument /as +alsi?e( 9y anot.er 'erson%
2. T.e +alse (ocument is in Articles - or -& " or &$%
3. =e intro(uce( sai( (ocument in e0i(ence in any Fu(icial 'rocee(ing!
In use in any ot.er transaction 8
1. O7en(er >ne/ t.at a (ocument /as +alsi?e( 9y anot.er 'erson%
2. T.e +alse (ocument is em9race( in Articles - or -& " or &$%
3. =e use( suc. (ocument%
4. T.e use cause( (amage to anot.er or at least use( /it. intent to cause (amage!
Article 1)9. Falsi:catio o( WirelessB Ca;leB Tele*ra", a$ Tele",oe
Messa*esB a$ Use o( Sai$ Falsi:e$ Messa*es
Acts 'unis.e(
! Uttering ?ctitious /ireless: telegra'. or tele'.one message%
Elements
: O7en(er is an oAcer or em'loyee o+ t.e go0ernment or an oAcer or
em'loyee o+ a 'ri0ate cor'oration: engage( in t.e ser0ice o+ sen(ing
or recei0ing /ireless: ca9le or tele'.one message%
&! =e utters ?ctitious /ireless: ca9le: telegra'. or tele'.one message!
&! 4alsi+ying /ireless: telegra'. or tele'.one message%
Elements
: O7en(er is an oAcer or em'loyee o+ t.e go0ernment or an oAcer or
em'loyee o+ a 'ri0ate cor'oration: engage( in t.e ser0ice o+ sen(ing
or recei0ing /ireless: ca9le or tele'.one message%
&! =e +alsi?es /ireless: ca9le: telegra'. or tele'.one message!
*! Using suc. +alsi?e( message!
)2
Elements
! O7en(er >ne/ t.at /ireless: ca9le: telegra'.: or tele'.one message
/as +alsi?e( 9y an oAcer or em'loyee o+ t.e go0ernment or an oAcer
or em'loyee o+ a 'ri0ate cor'oration: engage( in t.e ser0ice o+
sen(ing or recei0ing /ireless: ca9le or tele'.one message%
&! =e use( suc. +alsi?e( (is'atc.%
*! T.e use resulte( in t.e 'reFu(ice o+ a t.ir( 'arty or at least t.ere /as
intent to cause suc. 'reFu(ice!
Article 1)4. False Me$ical Certi:catesB False Certi:cates o( Merits or
Ser1iceB Etc.
6ersons lia9le
1. 6.ysician or surgeon /.o: in connection /it. t.e 'ractice o+ .is 'ro+ession: issues
a +alse certi?cate "it must re+er to t.e illness or inFury o+ a 'erson$%
RT.e crime .ere is +alse me(ical certi?cate 9y a '.ysician!S
2. 6u9lic oAcer /.o issues a +alse certi?cate o+ merit o+ ser0ice: goo( con(uct or
similar circumstances%
RT.e crime .ere is +alse certi?cate o+ merit or ser0ice 9y a 'u9lic oAcer!S
3. 6ri0ate 'erson /.o +alsi?es a certi?cate +alling /it.in t.e classes mentione( in
t.e t/o 'rece(ing su9(i0isions!
Article 1)!. Usi* False Certi:cates
Elements
! T.e +ollo/ing issues a +alse certi?cateE
a! 6.ysician or surgeon: in connection /it. t.e 'ractice o+ .is 'ro+ession:
issues a +alse certi?cate%
9! 6u9lic oAcer issues a +alse certi?cate o+ merit o+ ser0ice: goo(
con(uct or similar circumstances%
c! 6ri0ate 'erson +alsi?es a certi?cate +alling /it.in t.e classes
mentione( in t.e t/o 'rece(ing su9(i0isions!
&! O7en(er >no/s t.at t.e certi?cate /as +alse%
*! =e uses t.e same!
Article 1)'. Ma.(act.ri* a$ %ossessio o( Istr.&ets or I&"le&ets
(or Falsi:catio
,3
Acts 'unis.e(
! Ma>ing or intro(ucing into t.e 6.ili''ines any stam's: (ies: mar>s: or ot.er
instruments or im'lements +or counter+eiting or +alsi?cation%
&! 6ossession /it. intent to use t.e instruments or im'lements +or counter+eiting
or +alsi?cation ma(e in or intro(uce( into t.e 6.ili''ines 9y anot.er 'erson!
Article 1)). Us.r"atio o( A.t,orit# or ODcial F.ctios
Acts 'unis.e(
! Usur'ation o+ aut.ority%
Elements
! O7en(er >no/ingly an( +alsely re'resents .imsel+%
&! As an oAcer: agent or re'resentati0e o+ any (e'artment or agency o+
t.e 6.ili''ine go0ernment or o+ any +oreign go0ernment!
&! Usur'ation o+ oAcial +unctions!
Elements
! O7en(er 'er+orms any act%
&! 6ertaining to any 'erson in aut.ority or 'u9lic oAcer o+ t.e 6.ili''ine
go0ernment or any +oreign go0ernment: or any agency t.ereo+%
*! Un(er 'retense o+ oAcial 'osition%
#! Wit.out 9eing la/+ully entitle( to (o so!
Article 1)0. Usi* Fictitio.s Na&e a$ Coceali* Tr.e Na&e
Acts 'unis.e(
! Using ?ctitious name
Elements
! O7en(er uses a name ot.er t.an .is real name%
&! =e uses t.e ?ctitious name 'u9licly%
*! 6ur'ose o+ use is to conceal a crime: to e0a(e t.e e<ecution o+ a
Fu(gment or to cause (amage Rto 'u9lic interest 8 ReyesS!

&! Concealing true name
Elements
,
! O7en(er conceals .is true name an( ot.er 'ersonal circumstances%
&! 6ur'ose is only to conceal .is i(entity!
Co&&o+ealt, Act No. 144 <Re*.lati* t,e Use o( Aliases@
No 'erson s.all use any name (i7erent +rom t.e one /it. /.ic. .e /as registere( at
9irt. in t.e oAce o+ t.e local ci0il registry: or /it. /.ic. .e /as registere( in t.e
9ureau o+ immigration u'on entry% or suc. su9stitute name as may .a0e 9een
aut.oriBe( 9y a com'etent court!
E<ce'tionE 6seu(onym solely +or literary: cinema: tele0ision: ra(io: or ot.er
entertainment an( in at.letic e0ents /.ere t.e use o+ 'seu(onym is a normally
acce'te( 'ractice!
Article 1)2. Ille*al Use o( Ui(or&s or Isi*ia
Elements
1. O7en(er ma>es use o+ insignia: uni+orms or (ress%

2. T.e insignia: uni+orms or (ress 'ertains to an oAce not .el( 9y suc. 'erson or a
class o+ 'ersons o+ /.ic. .e is not a mem9er%
*! Sai( insignia: uni+orm or (ress is use( 'u9licly an( im'ro'erly!
Wearing t.e uni+orm o+ an imaginary oAce is not 'unis.a9le!
So also: an e<act imitation o+ a uni+orm or (ress is unnecessary% a colora9le
resem9lance calculate( to (ecei0e t.e common run o+ 'eo'le is suAcient!
Article 105. False Testi&o# a*aist A De(e$at
Elements
! T.ere is a criminal 'rocee(ing%
&! O7en(er testi?es +alsely un(er oat. against t.e (e+en(ant t.erein%
*! O7en(er /.o gi0es +alse testimony >no/s t.at it is +alse!
#! De+en(ant against /.om t.e +alse testimony is gi0en is eit.er ac;uitte( or
con0icte( in a ?nal Fu(gment!
T.ree +orms o+ +alse testimony
! 4alse testimony in criminal cases un(er Article 13 an( 1%
&! 4alse testimony in ci0il case un(er Article 1&%
,&
*! 4alse testimony in ot.er cases un(er Article 1*!
Article 101. False Testi&o# Fa1ora;le to t,e De(e$at
Elements
! A 'erson gi0es +alse testimony%
&! In +a0or o+ t.e (e+en(ant%
*! In a criminal case!
Article 104. False Testi&o# i Ci1il Cases
Elements
! Testimony gi0en in a ci0il case%
&! Testimony relates to t.e issues 'resente( in sai( case%
*! Testimony is +alse%
#! O7en(er >no/s t.at testimony is +alse%
)! Testimony is malicious an( gi0en /it. an intent to a7ect t.e issues 'resente( in
sai( case!
Article 109. False Testi&o# i Ot,er Cases a$ %erH.r# i Sole&
ADr&atio
Acts 'unis.e(
! @y +alsely testi+ying un(er oat.%
&! @y ma>ing a +alse aA(a0it!
Elements o+ 'erFury
! O7en(er ma>es a statement un(er oat. or e<ecutes an aA(a0it u'on a material
matter%
&! T.e statement or aA(a0it is ma(e 9e+ore a com'etent oAcer: aut.oriBe( to
recei0e an( a(minister oat.s%
*! O7en(er ma>es a /ill+ul an( (eli9erate assertion o+ a +alse.oo( in t.e statement
or aA(a0it%
#! T.e s/orn statement or aA(a0it containing t.e +alsity is re;uire( 9y la/: t.at is:
it is ma(e +or a legal 'ur'ose!
,*
Article 104. O/eri* False Testi&o# i E1i$ece
Elements
! O7en(er o7ers in e0i(ence a +alse /itness or testimony%

& =e >no/s t.at t.e /itness or t.e testimony /as +alse%
*! T.e o7er is ma(e in any Fu(icial or oAcial 'rocee(ing!
Article 10!. Mac,iatios i %.;lic A.ctios
Acts 'unis.e(
! Soliciting any gi+t or 'romise as a consi(eration +or re+raining +rom ta>ing 'art
in any 'u9lic auction%
Elements
! T.ere is a 'u9lic auction%
&! O7en(er solicits any gi+t or a 'romise +rom any o+ t.e 9i((ers%
*! Suc. gi+t or 'romise is t.e consi(eration +or .is re+raining +rom ta>ing
'art in t.at 'u9lic auction%
#! O7en(er .as t.e intent to cause t.e re(uction o+ t.e 'rice o+ t.e t.ing
auctione(!
&! Attem'ting to cause 9i((ers to stay a/ay +rom an auction 9y t.reats: gi+ts:
'romises or any ot.er arti?ce!
Elements
! T.ere is a 'u9lic auction%
&! O7en(er attem'ts to cause t.e 9i((ers to stay a/ay +rom t.at 'u9lic
auction%
*! It is (one 9y t.reats: gi+ts: 'romises or any ot.er arti?ce%
#! O7en(er .as t.e intent to cause t.e re(uction o+ t.e 'rice o+ t.e t.ing
auctione(!
Article 10'. Moo"olies a$ Co&;iatios i Restrait o( Tra$e
Acts 'unis.e(
! Com9ination to 're0ent +ree com'etition in t.e mar>et%
Elements
,#
! Entering into any contract or agreement or ta>ing 'art in any
cons'iracy or com9ination in t.e +orm o+ a trust or ot.er/ise%
&! In restraint o+ tra(e or commerce or to 're0ent 9y arti?cial means +ree
com'etition in t.e mar>et!
&! Mono'oly to restrain +ree com'etition in t.e mar>et%
Elements
! @y mono'oliBing any merc.an(ise or o9Fect o+ tra(e or commerce: or
9y com9ining /it. any ot.er 'erson or 'ersons to mono'oliBe sai(
merc.an(ise or o9Fect%
&! In or(er to alter t.e 'rices t.ereo+ 9y s'rea(ing +alse rumors or ma>ing
use o+ any ot.er arti?ce%
*! To restrain +ree com'etition in t.e mar>et
*! Manu+acturer: 'ro(ucer: or 'rocessor or im'orter com9ining: cons'iring or
agreeing /it. any 'erson to ma>e transactions 'reFu(icial to la/+ul commerce
or to increase t.e mar>et 'rice o+ merc.an(ise!
Elements
! Manu+acturer: 'ro(ucer: 'rocessor or im'orter o+ any merc.an(ise or
o9Fect o+ commerce%
&! Com9ines: cons'ires or agrees /it. any 'erson%
*! 6ur'ose is to ma>e transactions 'reFu(icial to la/+ul commerce or to
increase t.e mar>et 'rice o+ any merc.an(ise or o9Fect o+ commerce
manu+acture(: 'ro(uce(: 'rocesse(: assem9le( or im'orte( into t.e
6.ili''ines!
Article 10). I&"ortatio a$ Dis"ositio o( Falsel# Mar?e$ Articles or
Merc,a$ise Ma$e o( Gol$B Sil1erB or Ot,er %recio.s Metals o( T,eir Allo#s
Elements
! O7en(er im'orts: sells or (is'oses articles ma(e o+ gol(: sil0er: or ot.er
'recious metals or t.eir alloys%
&! T.e stam's: 9ran(s: or mar>s o+ t.ose articles o+ merc.an(ise +ail to in(icate
t.e actual ?neness or ;uality o+ sai( metals or alloys%
*! O7en(er >no/s t.at t.e stam's: 9ran(s: or mar>s +ail to in(icate t.e actual
?neness or ;uality o+ t.e metals or alloys!
Article 100. S.;stit.ti* a$ Alteri* Tra$e&ar?sB Tra$e a&esB or Ser1ice
Mar?s
Acts 'unis.e(
,)
! Su9stituting t.e tra(e name or tra(emar> o+ some ot.er manu+acturer or
(ealer: or a colora9le imitation t.ereo+ +or t.e tra(e name or tra(emar> o+ t.e
real manu+acturer or (ealer u'on any article o+ commerce an( selling t.e
same%
&! Selling or o7ering +or sale suc. articles o+ commerce >no/ing t.at t.e tra(e
name or tra(emar> .as 9een +rau(ulently use(%
*! Using or su9stituting t.e ser0ice mar> o+ some ot.er 'erson: or a colora9le
imitation o+ suc. mar> n t.e sale or a(0ertising o+ .is ser0ices%
#! 6rinting: lit.ogra'.ing or re'ro(ucing tra(e name: tra(emar>: or ser0ice mar>
o+ one 'erson or a colora9le imitation t.ereo+ to ena9le anot.er 'erson to
+rau(ulently use t.e same >no/ing t.e +rau(ulent 'ur'ose +or /.ic. it is to 9e
use(!
Article 102. U(air Co&"etitioB Fra.$.let Re*istratio o( Tra$e Na&eB
Tra$e&ar?B or Ser1ice Mar?B Fra.$.let Desi*atio o( Ori*iB a$ False
Descri"tio
Acts 'unis.e(
! Un+air com'etition%
Elements
! @y selling .is goo(s%
&! Gi0ing t.em t.e general a''earance o+ t.e goo(s o+ anot.er
manu+acturer or (ealer%
*! T.e general a''earance is s.o/n in t.e goo(s t.emsel0es: or in t.e
/ra''ing o+ t.eir 'ac>ages: or in t.e (e0ice or /or(s t.erein: or in any
+eature o+ t.eir a''earance%
#! T.ere is actual intent to (ecei0e t.e 'u9lic or (e+rau( a com'etitor!
&! 4rau(ulent (esignation o+ origin% +alse (escri'tionE
Elements
! @y aA<ing to .is goo(s or using in connection /it. .is ser0ices a +alse
(esignation o+ origin: or any +alse (escri'tion or re'resentation% an(
&! Selling suc. goo(s or ser0ices!
*! 4rau(ulent registration
Elements
! @y 'rocuring +rau(ulently +rom t.e 'atent oAce%

&! T.e registration o+ tra(e name: tra(emar> or ser0ice mar>
,,
Re".;lic Act No. 0429 <A Act %rescri;i* t,e Itellect.al %ro"ert# Co$e
a$ Esta;lis,i* t,e Itellect.al %ro"ert# ODceB %ro1i$i* (or Its %o+er
a$ F.ctiosB a$ (or Ot,er %.r"oses@
Sectio 1)5. Penalties. 8 In(e'en(ent o+ t.e ci0il an( a(ministrati0e
sanctions im'ose( 9y la/: a criminal 'enalty o+ im'risonment +rom t/o "&$ years to
?0e ")$ years an( a ?ne ranging +rom 4i+ty t.ousan( 'esos "6 )3:333!33$ to T/o
.un(re( t.ousan( 'esos "6 &33:333!33$: s.all 9e im'ose( on any 'erson /.o is
+oun( guilty o+ committing any o+ t.e acts mentione( in Section )): Section ,1 an(
Su9section ,2!!
Sectio 1!!. Remedies@ 'nfringement. 8 Any 'erson /.o s.all: /it.out t.e
consent o+ t.e o/ner o+ t.e registere( mar>E
))!! Use in commerce any re'ro(uction: counter+eit: co'y: or colora9le
imitation o+ a registere( mar> or t.e same container or a (ominant +eature t.ereo+ in
connection /it. t.e sale: o7ering +or sale: (istri9ution: a(0ertising o+ any goo(s or
ser0ices inclu(ing ot.er 're'aratory ste's necessary to carry out t.e sale o+ any
goo(s or ser0ices on or in connection /it. /.ic. suc. use is li>ely to course
con+usion: or to cause mista>e: or to (ecei0e% or
))!&! Re'ro(uce: counter+eit: co'y or colora9ly imitate a registere( mar> or
a (ominant +eature t.ereo+ an( a''ly suc. re'ro(uction: counter+eit: co'y or
colora9le imitation to la9els: signs: 'rints: 'ac>ages: /ra''ers: rece'tacles or
a(0ertisement inten(e( to 9e use( in commerce u'on or in connection /it. t.e sale:
o7ering +or sale: (istri9ution: or a(0ertising o+ goo(s or ser0ices on or in connection
/it. /.ic. suc. use is li>ely to cause con+usion: or to cause mista>e: or to (ecei0e
s.all 9e lia9le in a ci0il action +or in+ringement 9y t.e registrant +or t.e reme(ies
.ereina+ter set +ort.E Provided, t.at t.e in+ringement ta>es 'lace at t.e moment any
o+ t.e acts state( in Su9section ))! or t.is su9section are committe( regar(less o+
/.et.er t.ere is actual sale o+ goo(s or ser0ices using t.e in+ringing material!
Sectio 1'0. Anfair ompetition, Rights, Regulation and Remedies.
,1!! Any 'erson /.o .as i(enti?e( in t.e min( o+ t.e 'u9lic t.e goo(s .e
manu+actures or (eals in: .is 9usiness or ser0ices +rom t.ose o+ ot.ers: /.et.er or
not a registere( mar> is em'loye(: .as a 'ro'erty rig.t in t.e goo(/ill o+ t.e sai(
goo(s: 9usiness or ser0ice so i(enti?e(: /.ic. /ill 9e 'rotecte( in t.e same manner
as ot.er 'ro'erty rig.ts!
,1!&! Any 'erson /.o s.all em'loy (ece'tion or any ot.er means contrary
to goo( +ait. 9y /.ic. .e s.all 'ass o7 t.e goo(s manu+acture( 9y .im or in /.ic.
.e (eals: or .is 9usiness: or ser0ices +or t.ose o+ t.e one .a0ing esta9lis.e( suc.
goo(/ill: or /.o s.all commit any acts calculate( to 'ro(uce sai( result: s.all 9e
guilty o+ un+air com'etition: an( s.all 9e su9Fect to an action t.ere+or!
,1!*! In 'articular: an( /it.out in any /ay limiting t.e sco'e o+ 'rotection
against un+air com'etition: t.e +ollo/ing s.all 9e (eeme( guilty o+ un+air com'etitionE
"a$ Any 'erson: /.o is selling .is goo(s an( gi0es t.em t.e general
a''earance o+ goo(s o+ anot.er manu+acturer or (ealer: eit.er as to t.e goo(s
t.emsel0es or in t.e /ra''ing o+ t.e 'ac>ages in /.ic. t.ey are containe(: or t.e
(e0ices or /or(s t.ereon: on in any ot.er +eature or t.eir a''earance: /.ic. /oul(
,-
9e li>ely to inCuence 'urc.asers to 9elie0e t.at t.e goo(s o7ere( are t.ose o+ a
manu+acturer or (ealer: ot.er t.an t.e actual manu+acturer or (ealer: or /.o
ot.er/ise clot.es t.e goo(s /it. suc. a''earance as s.all (ecei0e t.e 'u9lic an(
(e+rau( anot.er o+ .is legitimate tra(e: or any su9se;uent 0en(or o+ suc. goo(s or
any agent o+ any 0en(or engage( in selling suc. goo(s /it. a li>e 'ur'ose% or
"9$ Any 'erson /.o 9y any arti?ce: or (e0ice: or /.o em'loys any ot.er
means calculate( to in(uce t.e +alse 9elie+ t.at suc. 'erson is o7ering t.e ser0ices
o+ anot.er /.o a.s i(enti?e( suc. ser0ices in t.e min( o+ t.e 'u9lic% or
"c$ Any 'erson /.o s.all ma>e any +alse statement in t.e course o+ tra(e
or /.o s.all commit any ot.er act contrary to goo( +ait. o+ a nature calculate( to
(iscre(it t.e goo(s: 9usiness or ser0ices o+ anot.er!
,1!#! T.e reme(ies 'ro0i(e( 9y Section ),: )- an( , s.all a''ly
mutatis mutan(is!
Sectio 1'2. 3alse Designation or Brigin@ 3alse Description or
Representation.
,2!! Any 'erson /.o: on or in connection /it. any goo(s or ser0ices: or
any container +or goo(s: uses in commerce any /or(: term: name: sym9ol: or (e0ice:
or any com9ination t.ereo+: or any +alse (esignation o+ origin: +alse or mislea(ing
(escri'tion o+ +act: or +alse or mislea(ing re'resentation o+ +act: /.ic.E
"a$ Is li>ely to cause con+usion: or to cause mista>e: or to (ecei0e as to t.e
aAliation: connection: or association o+ suc. 'erson /it. anot.er 'erson: or as to t.e
origin: s'onsors.i': or a''ro0al o+ .is or .er goo(s: ser0ices: or commercial acti0ities
9y anot.er 'erson% or
"9$ In commercial a(0ertising or 'romotion: misre'resents t.e nature:
c.aracteristics: ;ualities: or geogra'.ic origin o+ .is or .er or anot.er 'erson5s goo(s:
ser0ices or commercial acti0ities: s.all 9e lia9le to a ci0il action +or (amages an(
inFunction 'ro0i(e( in Section ), an( )- o+ t.is Act 9y any 'erson /.o 9elie0es
t.at .e or s.e is or li>ely to 9e (amage( 9y suc. act!
TITLE 3. CRIMES RELATI3E TO O%IUM AND OTHER %ROHICITED DRUGS
Articles 23: 2: 2&: 2* an(2# o+ t.e Re0ise( 6enal Co(e .a0e 9een repealed 9y
Re".;lic Act No. '44! <T,e Da*ero.s Dr.*s Act o( 12)4@B as amen(e( 9y
6resi(ential Decree No! ,1* an( +urt.er amen(e( 9y Re'u9lic Act No! -,)2!
Acts 'unis.e( 9y t.e Re'u9lic Act No! ,#&)
1. Im'ortation o+ 'ro.i9ite( (rugs%
2. Sale: a(ministration: (eli0ery: (istri9ution an( trans'ortation o+ 'ro.i9ite( (rugs%
3. Maintenance o+ a (en: (i0e or resort +or 'ro.i9ite( (rug users%
4. @eing em'loyees an( 0isitors o+ 'ro.i9ite( (rug (en%
,1
5. Manu+acture o+ 'ro.i9ite( (rugs%
6. 6ossession or use o+ 'ro.i9ite( (rugs%
7. Culti0ation o+ 'lants /.ic. are sources o+ 'ro.i9ite( (rugs%
8. 4ailure to com'ly /it. t.e 'ro0isions o+ t.e Act relati0e to t.e >ee'ing o+ recor(s
o+ 'rescri'tions: sales: 'urc.ases: ac;uisitions an(Tor (eli0eries o+ 'ro.i9ite(
(rugs%
9. Unla/+ul 'rescri'tion o+ 'ro.i9ite( (rugs%
10. Unnecessary 'rescri'tion o+ 'ro.i9ite( (rugs%
11. 6ossession o+ o'ium 'i'e an( ot.er 'ara'.ernalia +or 'ro.i9ite( (rugs%
12. Unaut.oriBe( im'ortation: manu+acture: sale a(ministration: (is'ensation:
(eli0ery: trans'ortation: (istri9ution: 'ossession or use o+ regulate( (rugs:
+ailure to com'ly /it. t.e 'ro0isions o+ t.e Act relati0e to t.e >ee'ing o+
recor(s o+ 'rescri'tions: sales: 'urc.ases: ac;uisitions an(Tor (eli0eries:
unla/+ul 'rescri'tion: unnecessary 'rescri'tion o+ regulate( (rugs: an(
maintenance o+ a (en: (i0e or resort +or regulate( (rug users!
TITLE 3I. CRIMES AGAINST %UCLIC MORALS
Crimes against 'u9lic morals
1. Gam9ling "Art! 2)$%
2. Im'ortation: sale an( 'ossession o+ lottery tic>ets or a(0ertisements "Art! 2,$%
3. @etting in s'ort contests "Art! 2-$%
4. Illegal 9etting on .orse races "Art! 21$%
5. Illegal coc>?g.ting "Art! 22$%
6. Gra0e scan(al "Art! &33$%
7. Immoral (octrines: o9scene 'u9lications an( e<.i9itions "Art! &3$% an(
8. Vagrancy an( 'rostitution "Art! &3&$!
Article 12!. W,at Acts Are %.is,a;le i Ga&;li*
Acts 'unis.e(
! Ta>ing 'art (irectly or in(irectly in 8
,2
a! any game o+ monte: Fueteng: or any ot.er +orm o+ lottery: 'olicy:
9an>ing: or 'ercentage game: (og races: or any ot.er game or sc.eme
t.e results o+ /.ic. (e'en( /.olly or c.ieCy u'on c.ance or .aBar(% or
/.erein /agers consisting o+ money: articles o+ 0alue: or
re'resentati0e o+ 0alue are ma(e% or
9! t.e e<'loitation or use o+ any ot.er mec.anical in0ention or
contri0ance to (etermine 9y c.ance t.e loser or /inner o+ money or
any o9Fect or re'resentati0e o+ 0alue%
&! Ono/ingly 'ermitting any +orm o+ gam9ling to 9e carrie( on in any 'lace
o/ne( or controlle( 9y t.e o7en(er%
*! @eing maintainer: con(uctor: or 9an>er in a game o+ Fueteng or similar game%
#! Ono/ingly an( /it.out la/+ul 'ur'ose 'ossessing lottery list: 'a'er: or ot.er
matter containing letters: ?gures: signs or sym9ol /.ic. 'ertain to or are in
any manner use( in t.e game o+ Fueteng or any similar game!
Article 12'. I&"ortatioB Sale a$ %ossessio o( Lotter# Tic?ets or
A$1ertise&ets
Acts 'unis.e(
1. Im'orting into t.e 6.ili''ines +rom any +oreign 'lace or 'ort any lottery tic>et or
a(0ertisement% or

2. Selling or (istri9uting t.e same in conni0ance /it. t.e im'orter%
3. 6ossessing: >no/ingly an( /it. intent to use t.em: lottery tic>ets or
a(0ertisements% or
4. Selling or (istri9uting t.e same /it.out conni0ance /it. t.e im'orter o+ t.e
same!
Note t.at 'ossession o+ any lottery tic>et or a(0ertisement is 'rima +acie e0i(ence o+
an intent to sell: (istri9ute or use t.e same in t.e 6.ili''ines!
Article 12). Cetti* i S"ort Cotests
T.is article .as 9een re'eale( 9y %resi$etial Decree No. 409 <Cetti*B Ga&e=
:Ai* or %oit=s,a1i* a$ Mac,iatios i S"ort Cotests@I
Sectio 4. =etting, game!>xing, point!shaving or game machination
unlawful. 8 GameG?<ing: 'ointGs.a0ing: game mac.ination: as (e?ne( in t.e
'rece(ing section: in connection /it. t.e games o+ 9as>et9all: 0olley9all: so+t9all:
9ase9all% c.ess: 9o<ing 9outs: FaiGalia: si'a: 'elota an( all ot.er s'orts contests:
games or races% as /ell as 9etting t.erein e<ce't as may 9e aut.oriBe( 9y la/: is
.ere9y (eclare( unla/+ul!
-3
Article 120. Ille*al Cetti* o Horse Race
Acts 'unis.e(
1. @etting on .orse races (uring 'erio(s not allo/e( 9y la/%
2. Maintaining or em'loying a totaliBer or ot.er (e0ice or sc.eme +or 9etting on
races or realiBing 'ro?t t.ere+rom (uring t.e 'erio(s not allo/e( 9y la/!
W.en .orse races not allo/e(
1. Kuly # "Re'u9lic Act No! *-$%
2. Decem9er *3 "Re'u9lic Act No! &&2$%
3. Any registration or 0oting (ays "Re'u9lic Act No! 13: Re0ise( Election Co(e$% an(
4. =oly T.urs(ay an( Goo( 4ri(ay "Re'u9lic Act No! 2#,$!
Article 122. Ille*al Coc?:*,ti*
T.is article .as 9een mo(i?e( or re'eale( 9y %resi$etial Decree No. 442 <T,e
Coc?:*,ti* La+ o( 12)4@I
Only allo/s one coc>'it 'er munici'ality: unless t.e 'o'ulation e<cee(s
33:333 in /.ic. case t/o coc>'its may 9e esta9lis.e(%
Coc>?g.ts can only 9e .el( in license( coc>'its on Sun(ays an( legal .oli(ays
an( local ?estas +or not more t.an t.ree (ays%
Also allo/e( (uring 'ro0incial: munici'al: city: in(ustrial: agricultural +airs:
carni0als: or e<'osition not more t.an t.ree (ays%
Coc>?g.ting not allo/e( on Decem9er *3: Kune &: No0em9er *3: =oly
T.urs(ay: Goo( 4ri(ay: Election or Re+eren(um Day: an( registration (ays +or
re+eren(ums an( elections%
Only munici'al an( city mayors are allo/e( to issue licenses +or suc.!
%resi$etial Decree No. 1'54 <Si&"li(#i* a$ %ro1i$i* Sti/er %ealties
(or 3iolatios o( %,ili""ie Ga&;li* La+s@
Sectio 1. :iolations and Penalties. !! T.e 'enalty o+ 'rision mayor in its
me(ium (egree or a ?ne ranging +rom 4i0e =un(re( 6esos to T/o T.ousan( 6esos
an( in case o+ reci(i0ism t.e 'enalty o+ 'rision correccional in its me(ium (egree or a
?ne o+ ranging +rom One T.ousan( 6esos to Si< T.ousan( 6esos s.all 9e im'ose(
u'onE
-
"a$ Any 'erson ot.er t.an t.ose re+erre( to in t.e succee(ing su9section
/.o in any manner: s.all (irectly or in(irectly ta>e 'art in any game o+ coc>?g.ting:
Fueteng: 9oo>ies "FaiG alai or .orse racing to inclu(e game ?<ing$ an( ot.er lotteries:
cara y cruB or 'om'iang an( t.e li>e: 9lac> Fac>: luc>y nine: M'usoyN or Russian
6o>er: monte: 9accarat an( ot.er car( games: 'al> ;ue: (omino: ma.Fong: .ig. an(
lo/: slot mac.ines: roulette: 'in9all an( ot.er mec.anical in0entories or (e0ices: (og
racing: 9oat racing: car raising an( ot.er races: 9as>et9all: 0olley9all: 9o<ing: se0enG
ele0en (ice games an( t.e li>e an( ot.er contests to inclu(e game ?<ing: 'oint
s.a0ing an( ot.er mac.inations 9an>ing or 'ercentage game: or any ot.er game or
sc.eme: /.et.er u'on c.ance or s>ill: /.ic. (o not .a0e a +ranc.ise +rom t.e
national go0ernment: /.erein /agers consisting o+ money: articles o+ 0alue o+
re'resentati0e o+ 0alue are ma(e%
"9$ Any 'erson /.o s.all >no/ingly 'ermit any +orm o+ gam9ling re+erre(
to in t.e 'rece(ing su9(i0ision to 9e carrie( on in in.a9ite( or unin.a9ite( 'laces or
any 9uil(ing: 0essel or ot.er means o+ trans'ortation o/ne( or controlle( 9y .im! I+
t.e 'lace /.ere gam9ling is carrie( on .as a re'utation o+ a gam9ling 'lace or t.at
'ro.i9ite( gam9ling is +re;uently carrie( on t.erein or t.e 'lace is a 'u9lic or
go0ernment 9uil(ing or 9arangay .all: t.e cul'rit s.all 9e 'unis.e( 9y t.e 'enalty
'ro0i(e( +or in its ma<imum 'erio( an( a ?ne o+ Si< T.ousan( 6esos!
T.e 'enalty o+ 'rision correccional in its ma<imum (egree an( a ?ne o+ Si<
T.ousan( 6esos s.all 9e im'ose( u'on t.e maintainer: con(uctor o+ t.e a9o0e
gam9ling sc.emes!
T.e 'enalty o+ 'rision mayor in its me(ium (egree an( tem'orary a9solute
(is;uali?cation an( a ?ne o+ Si< T.ousan( 6esos s.all 9e im'ose( i+ t.e maintainer:
con(uctor or 9an>er is a go0ernment oAcial: or i+ a 'layer: 'romoter: re+eree: um'ire:
Fu(ge or coac. in cases o+ gameG?<ing: 'ointGs.a0ing an( ot.er game mac.ination!
T.e 'enalty o+ 'rision correccional in its me(ium (egree an( a ?ne ranging
+rom 4i0e =un(re( 'esos to T/o T.ousan( 6esos s.all 9e im'ose( u'on any 'erson
/.o s.all >no/ingly an( /it.out la/+ul 'ur'ose in any .our o+ any (ay s.all .a0e in
.is 'ossession any lottery list: 'a'er: or ot.er matter containing letter: ?gures: signs
or sym9ols /.ic. 'ertain to or in any manner use( in t.e game o+ Fueteng: FaiGalai or
.orse racing 9oo>ies an( similar game or lottery /.ic. .as ta>en 'lace or a9out to
ta>e 'lace!
Sectio 4. =arangay B6cial. , Any 9arangay oAcial in /.ose Furis(iction
suc. gam9ling .ouse is +oun( an( /.ic. .ouse .as t.e re'utation o+ a gam9ling
'lace s.all su7er t.e 'enalty o+ 'rision correccional in its me(ium 'erio( an( a ?ne
ranging +rom 4i0e =un(re( to T/o T.ousan( 6esos an( tem'orary a9solute
(is;uali?cations!
/hile the acts under the Revised Penal ode are still punished under the new law,
yet the concept of gambling under it has been changed by the new gambling law.
=efore, the Revised Penal ode considered the s5ill of the player in classifying
whether a game is gambling or not. =ut under the new gambling law, the s5ill of the
players is immaterial.
"ny game is considered gambling where there are bets or wagers placed with the
hope to win a pri4e therefrom.
-&
Ander this law, even sports contents li5e boxing, would be gambling insofar as those
who are betting therein are concerned. Ander the old penal code, if the s5ill of the
player outweighs the chance or ha4ard involved in winning the game, the game is
not considered gambling but a sport. 't was because of this that betting in boxing
and bas5etball games proliferated.
JAnless authori4ed by a franchise, any form of gambling is illegal.K 7o 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 li5e when the games are played during a wa5e to 5eep the mourners
awa5e at night. Pursuant to a memorandum circular issued by the *xecutive =ranch,
the ofshoot of the exemption is the intentional prolonging of the wa5e of the dead
by gambling lords.
"s a general rule, betting or wagering determines whether a game is gambling or
not. *xceptions( These are games which are expressly prohibited even without bets.
1onte, jueteng or any form of lottery@ dog races@ slot machines@ these are habit!
forming and addictive to players, bringing about the pernicious efects to the family
and economic life of the players.
1ere possession of lottery tic5ets or lottery lists is a crime punished also as part of
gambling. However, it is necessary to ma5e a distinction whether a tic5et or list
refers to a past date or to a future date.
'llustration(
G was accused one night and found in his possession was a list of jueteng. 'f the
date therein refers to the past, G cannot be convicted of gambling or illegal
possession of lottery list without proving that such game was indeed played on the
date stated. 1ere possession is not enough. 'f the date refers to the future, G 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. 'f 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(
). 'f the public is made to pay not only for the merchandise that he is buying,
but also for the chance to win a pri4e out of the lottery, lottery becomes a
gambling game. Public is made to pay a higher price.
#. 'f the merchandise is not saleable because of its inferior <uality, so that the
public actually does not buy them, but with the lottery the public starts
patroni4ing such merchandise. 'n efect, 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.
'llustrations(
"$ " certain supermar5et wanted to increase its sales and sponsored a lottery
where valuable prices are ofered at sta5e. To defray the cost of the prices
ofered in the lottery, the management increased their prices of the
merchandise by )? cents each. /henever someone buys from that
supermar5et, he pays )? cents more for each merchandise and for his
-*
purchase, he gets a coupon which is to be dropped at designated drop boxes
to be raHed on a certain period.
The increase of the price is to answer for the cost of the valuable prices that
will be covered at sta5e. The increase in the price is the consideration for the
chance to win in the lottery and that ma5es the lottery a gambling game.
=ut 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.
"lso, 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. 'f the increase in price is brought about by the normal price
increase Meconomic factorN that even without the lottery the price would be
li5e that, there is no consideration in favor of the lottery and the lottery would
not amount to a gambling game.
'f the increase in the price is due particularly to the lottery, then the lottery is
a gambling game. "nd the sponsors thereof may be prosecuted for illegal
gambling under Presidential Decree -o. ).?#.
$#& The merchandise is not really saleable because of its inferior <uality. "
certain manufacturer, =hey ompany, manufacture cigarettes which is not
saleable because the same is irritating to the throat, sponsored a lottery and
a coupon is inserted in every pac5 of cigarette so that one who buys it shall
have a chance to participate. Due to the coupons, the public started buying
the cigarette. "lthough there was no price increase in the cigarettes, the
lottery can be considered a gambling game because the buyers were really
after the coupons not the low <uality cigarettes.
'f without the lottery or raHe, the public does not patroni4e the product and
starts to patroni4e them only after the lottery or raHe, in efect the public is
paying for the price not the product.
Ander this decree, a barangay captain who is responsible for the existence of
gambling dens in their own locality will be held liable and dis<uali>ed from o6ce if
he fails to prosecute these gamblers. =ut this is not being implemented.
0ambling, of course, is legal when authori4ed by law.
3und!raising campaigns are not gambling. They are for charitable purposes but they
have to obtain a permit from Department of 7ocial /elfare and Development. This
includes concerts for causes, hristmas caroling, and the li5e.
Article 455. Gra1e Sca$al
Elements
1. O7en(er 'er+orms an act or acts%
-#
2. Suc. act or acts 9e .ig.ly scan(alous as o7en(ing against (ecency or goo(
customs%

3. T.e .ig.ly scan(alous con(uct is not e<'ressly +alling /it.in any ot.er article o+
t.is Co(e% an(

4. T.e act or acts com'laine( o+ 9e committe( in a 'u9lic 'lace or /it.in t.e 'u9lic
>no/le(ge or 0ie/!
'n grave scandal, the scandal involved refers to moral scandal ofensive to decency,
although it does not disturb public peace. =ut such conduct or act must be open to
the public view.
'n alarms and scandals, the scandal involved refers to disturbances of the public
tran<uility and not to acts ofensive to decency.
"ny act which is notoriously ofensive 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 ode. 0rave scandal is a crime of last resort.
Distinction should be made as to the place where the ofensive act was committed,
whether in the public place or in a private place(
$)& 'n public place, the criminal liability arises irrespective of whether the immoral
act is open to the public view. 'n short public view is not re<uired.
$#& /hen act ofensive to decency is done in a private place, public view or public
5nowledge is re<uired.
Public view does not re<uire numerous persons. *ven if there was only one person
who witnessed the ofensive act for as long as the third person was not an intruder,
grave scandal is committed provided the act does not fall under any other crime in
the Revised Penal ode.
'llustrations(
$)& " man and a woman enters a movie house which is a public place and then
goes to the dar5est part of the balcony and while there the man started
performing acts of lasciviousness on the woman.
'f it is against the will of the woman, the crime would be acts of
lasciviousness. =ut if there is mutuality, this constitutes grave scandal. Public
view is not necessary so long as it is performed in a public place.
$#& " man and a woman went to Euneta and slept there. They covered
themselves their blan5et and made the grass their conjugal bed.
This is grave scandal.
$9& 'n a certain apartment, a lady tenant had the habit of undressing in her room
without shutting the blinds. 7he does this every night at about eight in the
evening. 7o that at this hour of the night, you can expect people outside
gathered in front of her window loo5ing at her silhouette. 7he was charged of
grave scandal. Her defense was that she was doing it in her own house.
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't is no defense that she is doing it in her private home. 't is still open to the
public view.
$+& 'n a particular building in 1a5ati which stands right next to the house of a
young lady who goes sunbathing in her poolside. *very morning several men
in the upper 8oors would stic5 their heads out to get a full view of said lady
while in her two!piece swimsuit. The lady was then charged with grave
scandal. Her defense was that it is her own private pool and it is those men
loo5ing down at her who are malicious.
This is an act which even though done in a private place is nonetheless open
to public view.
Article 451. I&&oral DoctriesB O;scee %.;licatios a$ EA,i;itios a$
I$ecet S,o+s
Acts 'unis.e(
! T.ose /.o s.all 'u9licly e<'oun( or 'roclaim (octrines o'enly contrary to
'u9lic morals%
&! a! T.e aut.ors o+ o9scene literature: 'u9lis.e( /it. t.eir >no/le(ge in
any +orm: t.e e(itors 'u9lis.ing suc. literature% an( t.e o/nersTo'erators o+
t.e esta9lis.ment selling t.e same%
9! T.ose /.o: in t.eaters: +airs: cinematogra'.s: or any ot.er 'lace:
e<.i9it in(ecent or immoral 'lays: scenes: acts: or s.o/s: it 9eing un(erstoo(
t.at t.e o9scene literature or in(ecent or immoral 'lays: scenes: acts or
s.o/s: /.et.er li0e or in ?lm: /.ic. are 'roscri9e( 9y 0irtue .ereo+: s.all
inclu(e t.ose /.ic.E "$ glori+y criminals or con(one crimes% "&$ ser0e no
ot.er 'ur'ose 9ut to satis+y t.e mar>et +or 0iolence: lust or 'ornogra'.y% "*$
o7en( any race: or religion% "#$ ten( to a9et traAc in an( use o+
'ro.i9ite( (rugs% an( ")$ are contrary to la/: 'u9lic or(er: morals: goo(
customs: esta9lis.e( 'olicies: la/+ul or(ers: (ecrees an( e(icts% an(
*! T.ose /.o s.all sell: gi0e a/ay: or e<.i9it ?lms: 'rints: engra0ings:
scul'tures: or literature /.ic. are o7ensi0e to morals!
Article 454. 3a*rats a$ %rostit.tesG %ealt#
Vagrants
1. Any 'erson .a0ing no a''arent means o+ su9sistence: /.o .as t.e '.ysical
a9ility to /or> an( /.o neglects to a''ly .imsel+ or .ersel+ to some la/+ul
calling%
2. Any 'erson +oun( loitering a9out 'u9lic or semiG'u9lic 9uil(ings or 'laces or
tram'ling or /an(ering a9out t.e country or t.e streets /it.out 0isi9le means
o+ su''ort%

3. Any i(le or (issolute 'erson /.o le(ges in .ouses o+ ill +ame%

-,
4. RuAans or 'im's an( t.ose /.o .a9itually associate /it. 'rostitutes%

5. Any 'erson /.o: not 9eing inclu(e( in t.e 'ro0isions o+ ot.er articles o+ t.is
Co(e: s.all 9e +oun( loitering in any in.a9ite( or unin.a9ite( 'lace 9elonging
to anot.er /it.out any la/+ul or Fusti?a9le 'ur'ose%
,! 6rostitutes: /.o are /omen /.o: +or money or 'ro?t: .a9itually in(ulge in
se<ual intercourse or lasci0ious con(uct!
Prostitutes are women who, for money or pro>t, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be prostitutes.
Test of Bbscenity( /hether or not the material charged as obscene has the tendency
to deprave and corrupt the minds of those open to the in8uence thereof, or into
whose hands such material may come to $Qottinger Rule&.
The test is objective. 't is more on the efect upon the viewer and not alone on the
conduct of the performer.
'f 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.
=ecause there is a government body which deliberates whether a certain exhibition,
movies and plays is pornographic or not, if such body approves the wor5 the same
should not be charged under this title. =ecause of this, the test of obscenity may be
obsolete already. 'f allowed by the 1ovies and Television Review and lassi>cation
=oard $1TR=&, the <uestion is moot and academic.
The law is not concerned with the moral of one person. "s long as the pornographic
matter or exhibition is made privately, there is no crime committed under the
Revised Penal ode because what is protected is the morality of the public in
general. Third party is there. Performance of one to another is not.
'llustration(
" sexy dancing performed for a ;? year old is not obscene anymore even if the
dancer strips na5ed. =ut if performed for a )% year old 5id, then it will corrupt the
5idIs mind. $"pply Qottinger Rule here.&
'n some instances though, the 7upreme ourt did not stic5 to this test. 't also
considered the intention of the performer.
--
'n Peo!le v. A!arici, the accused was a performer in the defunct Paci>c Theatre, a
movie house which opens only at midnight. 7he was arrested because she
was dancing in a Jdiferent 5ind of way.K 7he was not really nude. 7he was
wearing some sort of an abbreviated bi5ini with a 8imsy 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 "parici was that
she should not be criminally liable for as a matter of fact, she is better
dressed than the other dancers. The 7upreme ourt 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 Jtom!tom drumsK as bac5ground.
-udity alone is not the real scale. $Reaction Test&
'llustration(
" sidewal5 vendor was arrested and prosecuted for violation of "rticle #?). 't
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. Bne does not
have to be the manufacturer to be criminally liable. This holds true for those printing
or selling Playboy 1aga4ines.
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.
/hile 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, ru6ans, or by habitually lodging in houses of ill!
repute.
:agrancy 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. /ithout this
article, law enforcers would have no way of chec5ing 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. Ase this
when someone loiters in front of your house every night.
"ny 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 ode.
7.estio 8 As+er
I+ a 'erson is +oun( /an(ering in an estate 9elonging to anot.er: /.et.er
'u9lic or 'ri0ate: /it.out any la/+ul 'ur'ose: /.at ot.er crimes may 9e committe(D
/hen a person is apprehended loitering inside an estate belonging to another,
the following crimes may be committed(
$)& Trespass to property under "rticle #2) if the estate is fenced and there is a
clear prohibition against entering, but the ofender entered without the
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consent of the owner or overseer thereof. /hat is referred to here is estate,
not dwelling.
$#& "ttempted theft under "rticle 9?2, paragraph 9, if the estate is fenced and the
ofender entered the same to hunt therein or >sh from any waters therein or
to gather any farm products therein without the consent of the owner or
overseer thereof@
$9& :agrancy under "rticle #?# 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 pro>t or money habitually
engages in sexual or lascivious conduct. " man if he engages in the same conduct ,
sex for money , is not a prostitute, but a vagrant.
'n law the mere indulging in lascivious conduct habitually because of money or gain
would amount to prostitution, even if there is no sexual intercourse. :irginity is not a
defense. Habituality is the controlling factor@ is has to be more than one time.
There cannot be prostitution by conspiracy. Bne who conspires with a woman in the
prostitution business li5e pimps, taxi drivers or solicitors of clients are guilty of the
crime under "rticle 9+) for white slavery.
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