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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

BOOK TWO REVISED PENAL CODE OF THE PHILIPPINES

+ atty. Salva Lecture Notes

       

With

 

Crime ONE

Elements/ acts punished

 

Modified

ELEMENTS

 

Crime

TWO

OTHER

Circumstances

I- inherent

 

Crimes

A- aggravating

 

Title One Crimes Against National Security and Laws of the Nations National Security

 
 

Section One: Treason and Espionage

 

114: Treason

Offender: Filipino Citizen or Resident alien

Alien residing here

Treason

Absorbs crimes

I- treachery, abuse of superior strength evident premeditation; conspiracy/

   

No formal declaration of war

Treason

committed in

furtherance

There is a war which the Philippines is involved.

Mere internal conflict/ causing disturbance in the country

Sedition

thereof

Offender either:

   

Not in

proposal to commit treason

1) levies war against the govt 2) adheres to the enemies by giving them aid AND comfort

 

furtherance:

separate

A- ignominy, cruelty, amount of degree of aid, gravity of separate distinct acts or reason

Committed where:

   

1) FC: anywhere 2) RA: in the Phil only

115: Conspiracy to Commit Treason

Committed during time of war

       

Two or more persons

One only

Yung totoo! :D

 
 

Come to an agreement to levy war against the govt or to adhere to the enemies and to give them air or comfort and decide to commit it.

   
air or comfort and decide to commit it.     OOHlala: Only human. Open to constructive
air or comfort and decide to commit it.     OOHlala: Only human. Open to constructive

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

With Crime ONE Modified Crime Circumstances OTHER I- inherent Elements/ acts punished ELEMENTS TWO Crimes
With
Crime ONE
Modified
Crime
Circumstances
OTHER
I- inherent
Elements/ acts punished
ELEMENTS
TWO
Crimes
A- aggravating
116: Proposal to
Commit Treason
Committed during time of war
A
person has decided to levy war against the govt or
adhere to the enemies by giving them aid or comfort
Proposes its execution to other person/s
Other person does not accept
Still Art 116
117: Misprision
Offender: citizen of the Philippines; AND NOT A
Treason
FOREIGNER
That he has knowledge of any conspiracy against the
Treason already committed
Treason
govt
That the conspiracy is one to commit treason
That he conceals or does not disclose and make known
the same asap to the proper authority
Section Two: Provoking War and Disloyalty
118: Espionage
Two ways of committing: during time of peace/ war
FIRST:
Offender ( citizen or foreigner) enters a warship; fort;
Foreigner
Espionage
a
military; or naval establishment or reservation
That he has no authority
Purpose: to obtain information, plans, photo, other
data of a confidential nature relative to the defense
of the Philippines
Not obtained
Espionage
SECOND
Offender is a public officer
That he has in his possession the articles, data, or
information obtain information confidential nature
relative to the defense of the Philippines BY REASON
of his public office

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

     

With

 

Crime ONE

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

 

That he discloses their contents to a representative of a foreign nation

Beauty contestant of a Foreign country

Espionage

   

Commonwealth Act

 

616

Commonwealth Act No. 616 An Act to Punish Espionage and Other Offenses against National Security

 

Acts punished

 

1. Unlawfully obtaining or permitting to be obtained information affecting national defense;

 

2. Unlawful disclosing of information affecting national defense;

 

3. Disloyal acts or words in times of peace;

 

4. Disloyal acts or words in times of war;

5. Conspiracy to violate preceding sections; and

6. Harboring or concealing violators of law.

 

Laws of the Nations

118: inciting to war or giving motives for reprisals

Offender performs unlawful or unauthorized acts

       

That such acts

   
 

a)

provoke or give occasion for a war involving or

liable to involve the Philippines

b)

expose Filipino citizens to reprisals on their persons

and property

During time of peace

   

119: Violation of Neutrality

There is a war in which the Ph is not involved

       

There is a regulation issued by a competent authority (President or AFP chief of staff) for the purpose of enforcing neutrality

No regulation

No Crime

Offender violates such regulation

       
violates such regulation         OOHlala: Only human. Open to constructive criticism. Hope
violates such regulation         OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

With Crime ONE Modified Crime Circumstances OTHER I- inherent Elements/ acts punished ELEMENTS TWO Crimes
With
Crime ONE
Modified
Crime
Circumstances
OTHER
I- inherent
Elements/ acts punished
ELEMENTS
TWO
Crimes
A- aggravating
120: Correspondence
with hostile country
That there is a war in which the Philippines is involved
Offender makes correspondence:
a) enemy country
b) territory occupied by the enemy troops
Correspondence is EITHER:
Innocent matters and there is
prohibition
Still 120
a) prohibited by the govt
b) carries in ciphers or conventional signs
c) contains notice or information which might be useful
to the enemy
No prohibition but carries in
ciphers/ conventional signs
Still 120
Offender intended to give aid
to enemy by giving
information
Treason
121: Flight to Enemy’s
country
There is a war which Ph is involved
Offender owes allegiance to the govt
Resident alien
Still 121
Offender attempts to flee or go to enemy country
Going to enemy country is prohibited by competent
authority
No prohibition
No crime
Section Three: Piracy and Mutiny on the high seas in the Philippines
122: Piracy in the
high seas OR ph
waters
The vessel is on the high seas/ ph waters
Ph waters only
PD 532
Offenders are NOT members of its complement or
passengers
Any person
PD 532
Offender:
its complement or passengers Any person PD 532 Offender: OOHlala: Only human. Open to constructive criticism.
its complement or passengers Any person PD 532 Offender: OOHlala: Only human. Open to constructive criticism.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

With Crime ONE Modified Crime Circumstances OTHER I- inherent Elements/ acts punished ELEMENTS TWO Crimes
With
Crime ONE
Modified
Crime
Circumstances
OTHER
I- inherent
Elements/ acts punished
ELEMENTS
TWO
Crimes
A- aggravating
1.
by attacking or seizing a vessel on the high seas or
Ph waters
2.
by seizing in the vessel while on the high seas or in
Ph waters the whole or part of its cargo, equipment,
personal belongings of its complement or passengers
Mutiny in the high
seas OR ph waters
Vessel is on the high seas/ Ph waters
Offenders: crew or passengers
Unlawful resistance to a superior of the raising of
commotions and disturbances on board a ship against
the authority of the commander
PD 532
Anti- piracy and anti- highway robbery law
PD 532 covers 2 distinct crimes: piracy and brigandage. It didn't repeal Art. 122 of the Revised Penal Code, which covers piracy, but gave a separate
treatment on piracy committed in Philippine waters. Art. 122 was amended by RA 7659.
Aiding or abetting of
piracy
1. knowingly aids or protects pirates
2. acquires or receives property taken by such pirates, or in any manner derives benefit therefrom.
3. directly or indirectly abets the commission of piracy
123: qualified piracy
1. offenders have seized the vessel by boarding or
firing the same
2.
abandoned their victims without means of saving
themselves
3.
murder/ homicide/ physical injuries/ rape
Regardless of
number of
victims: it is one
SPECIAL
COMPLEX
CRIME
Qualified mutiny
2.
abandoned their victims without means of saving
themselves
3.
murder/ homicide/ physical injuries/ rape
RA 6235
Anti-hijacking law
Anti hi-jacking is another kind of piracy which is committed in an aircraft. In other countries, this crime is known as aircraft piracy.
In other countries, this crime is known as aircraft piracy. OOHlala: Only human. Open to constructive
In other countries, this crime is known as aircraft piracy. OOHlala: Only human. Open to constructive

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

Crime ONE

With Modified Crime Circumstances OTHER I- inherent Elements/ acts punished ELEMENTS TWO Crimes A- aggravating
With
Modified
Crime
Circumstances
OTHER
I- inherent
Elements/ acts punished
ELEMENTS
TWO
Crimes
A- aggravating
Four situations governed by anti hi-jacking law:
(1) usurping or seizing control of an aircraft of Philippine registry while it is in flight, compelling the pilots thereof to change the course or destination of the
aircraft;
(2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory, compelling the pilots thereof to land in any part of
Philippine territory;
(3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive, or
poisonous substance; and
(4) loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, explosive, or
poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter.

Title Two Crimes Against the Fundamental Law of the State

Chapter One Arbitrary Detention or Expulsion, Violation of dwelling, prohibition, interruption, and dissolution of peaceful meeting and crimes against Religious Worship

Section One: Arbitrary Detention and Expulsion

124: Abritrary

Detention

Offender is a public officer or employee

Has authority to arrest and detain

Not public officer vested with authority or not in duty

Feigned to arrest a person without any legal cause to deliver him to authories

Illegal detention

Unlawful arrest

Unlawful arrest

He detains a person ( Physical or Psychological retraint)

Detention is without legal grounds

Psychological retraint) Detention is without legal grounds Legal grounds: Commission of crime/ violent insanity/

Legal grounds:

Commission of crime/ violent insanity/ hospital confinement

No crime

of crime/ violent insanity/ hospital confinement No crime OOHlala: Only human. Open to constructive criticism. Hope
of crime/ violent insanity/ hospital confinement No crime OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

125: delay in the delivery of detained person to the proper judicial authorities

Offender is a public officer or employee

Made by a private individual

Illegal detention

   

He has detained a person for some legal ground

Has a warrant of arrest Illegal from the beginning

No crime Arbitrary detention

   

He fails to deliver such person to the proper judicial authorities within:

   
   

a) 12 hours- light penalties

b) 18 hours- correctional penalties

c) 36 hours- afflictive penalties

126: delaying

Offender is a public officer or employee

       

release

That there is a

a)

judicial or executive order for the release of a

prisoner or detention prisoner or

b)

that there is a proceeding upon a petition for the

liberation of such person.

Offender without good reason delays either:

a)

service of the notice or such order or release to the

prisoner

b)

performance of such judicial or executive order for

the release of prisoner

c)

proceedings upon petition for the release of such

person.

127: expulsion

Offender is a public officer or employee

       

He expels any person from the ph or compels a person to change his residence

Expropriation or penalty is destierro

No crime

Alien expelled by the president

No crime

Court by final judgment order change of address

No crime

Court by final judgment order change of address No crime OOHlala: Only human. Open to constructive
Court by final judgment order change of address No crime OOHlala: Only human. Open to constructive

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

 

Offender is not authorized to do so by law

       
 

Section Two: Violation of Domicile

 

128: violation of domicile

Offender is a public officer or employee

Private individual or public officer who has no authority to effect search and seizure

Trespass to dwelling

   
 

He is not authorized by judicial order to enter the dwelling and or to make the search for the papers and other effects.

Has warrant but maliciously obtained

129

 

That he:

   

a)

entered any dwelling against the will of the owner

not lawful occupant

No crime

( no consent + objection).

b)

searched paper or other effects found therein

paper/ effects not found in the dwelling Entered into a door not for entry

No crime

without consent of such owner (lack of consent)

c)

refuses to leave the premises after having

Still 128

surreptitiously entered said dwelling and after having been required to leave

Qualifying:

1) night time 2) if any or effects not constituting evidence of a crime are not returned immediately after a search is made by the offender

Qualified Violation of Domicile

129: search warrant maliciously obtained

Offender is a public officer

       

He procures search warrant

Through falsification of affidavit

129 AND perjury

 

Violation of domicile

No warrant

AND perjury   Violation of domicile No warrant OOHlala: Only human. Open to constructive criticism. Hope
AND perjury   Violation of domicile No warrant OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

 

No just cause

       

Abuse in the service of those legally obtained

Offender is a public officer of employee

       

He has legally procured a search warrant

   
 

He exceeds his authority or uses unnecessary severity in executing the same

   

130: searching

         

domicile without

Public officer or employee

Not in the dwelling

No crime

witnesses

Armed with a search warrant legally procured

   

He searches domicile papers, or other belongings of any person

   
 

Owner or any member of his family or 2 witnesses residing in the same locality are not present

   
 

Section Three: Prohibition Interruption, and Dissolution of Peaceful Meetings

 

131: prohibition, interruption, and dissolution of peaceful meetings

Offender is a public officer or employee

Stranger

Still 131

   
 

Participant

Unjust vexation

Private individual

Art 153: tumults

He

   

a)

prohibits, interrupts, or dissolves without legal

Interrupts or dissolves a meeting of the municipal council by a public officer

Art 143-144: crimes against legislatives bodies and similiar bodies

ground the holding of peaceful meeting.

b)

association or from attending any of its meetings c) prohibits, hinders any person from addressing, either along or together with other, any petition to the

hinders any person from joining any lawful

   
any person from joining any lawful     OOHlala: Only human. Open to constructive criticism. Hope
any person from joining any lawful     OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

With Crime ONE Modified Crime Circumstances OTHER I- inherent Elements/ acts punished ELEMENTS TWO Crimes
With
Crime ONE
Modified
Crime
Circumstances
OTHER
I- inherent
Elements/ acts punished
ELEMENTS
TWO
Crimes
A- aggravating
authorities for the correction of abuses or redress of
grievances
Section Four: Crimes Against Religious Worship
132: interruption of
religious worship
He is a public officer or employee
That religious ceremonies or manifestations of any
religion are about to take place or are going on
If prohibition or disturbance is
committed in a meeting or
rally of a sect
Art 131
The offender prevents of disturbs the same
Qualified: by violence or
threats
Qualified Art 132
133: offending
Any person
religious feelings
Acts complained were performed:
a) in a place devoted to religious worship
b) during celebration of any religious ceremeny
Acts must be notoriously offensive to the feelings of
the faithful
Not
Unjust vexation
Title Three
Crimes Against Public Order
Title Three
Crimes Against Public Order
Chapter One
Rebellion, Coup d’etat, Sedition, and Disloyalty
134: rebellion/
Absorbs crimes
insurrection
There is public uprising AND taking of arms against
the govt. actual clash not necessary
Levies war vs govt or gives
aid to enemies
Treason
committed in
furtherance

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

     

With

 

Crime ONE

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

       

thereof

 

Mere silence of knowledge of Rebellion

No crime

Not in

 

For the purpose:

No evidence of purpose

 

Sedition or kidnapping

furtherance:

a)

removing the allegiance to said govt or its law

separate

- the ph territory or any part thereof

Minor purpose violation of allegiance

insurrection

- any body of land, naval or other armed forces

treason

b)

depriving the president or congress, wholly or

If judiciary

Sedition

partially or any of their powers or prerogatives

   

During time of peace of war

   

134-a: coup d’etat

That the offender is a person or persons belonging to the military or police holding any public office or

With or without civilian participation

coup d’etat

     

employment.

 

One person

coup d’etat

 

Committed by means of swift attach, accompanied by violence, intimidation, threat, strategy, or stealth

Public uprising and taking of arms vs govt

 

Rebellion

 
 

Attack is directed against duly constituted authorities of the RP, or any military camp or installation , or communication networks, public utilities or other facilities needed for the exercise and continued possession of power

     
   

Purpose of attack: seize or diminish state power (president, legislative, judicial power, and police

Overthrow the govt

Rebellion

 

power)

Human Security Act of

Sec. 3 Terrorism Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:

 

2007

a. Article 122 (Piracy in General and Mutiny in the High Seas or in Philippine Waters);

 

b. Article 134 (Rebellion or Insurrection);

 

c. Article 134-A (Coup d’ Etat), including acts committed by private persons;

 

d. Article 248 (Murder);

 
persons;   d. Article 248 (Murder);   OOHlala: Only human. Open to constructive criticism. Hope
persons;   d. Article 248 (Murder);   OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

     

With

 

Crime ONE

Elements/ acts punished

 

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

 

Crimes

A- aggravating

 

e.

Article 267 (Kidnapping and Serious Illegal Detention);

 

Article 324 (Crimes Involving Destruction); or under Special Laws:

f.

 

(1)

Presidential Decree No. 1613 (The Law on Arson); Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990); Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968); Republic Act No. 6235 (Anti-Hijacking Law); Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974) and,

 

(2)

(3)

(4)

(5)

(6)

Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or

Disposition of Firearms, Ammunitions or Explosives)

 

thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand, shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.

135: penalty for rebellion/ insurrection/ coup d’etat

Persons liable for rebellion, insurrection or coup d' etat under Article 135 1.The leaders a.Any person who promotes, maintains or heads a rebellion or insurrection; or b.Any person who leads, directs or commands others to undertake a coup d' etat; 2.The participants eg, assistant a.Any person who participates or executes the commands of others in rebellion, insurrection or coup d' etat; b.Any person not in the government service who participates, supports, finances, abets or aids in undertaking a coup d' etat.

 

136: conspiracy and proposal to commit rebellion, insurrection or coup d’eata

There is conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against government for any of the purposes of rebellion and decide to commit it.

There is proposal to commit rebellion when the person who has decided to rise publicly and take arms against the government for any of the purposes of rebellion proposes its execution to some other person or persons.

137: disloyalty of public officers or employees

         

Public officer or employee

Conspires with rebels

rebellion

 

There is rebellion committed by other persons

   
is rebellion committed by other persons     OOHlala: Only human. Open to constructive criticism. Hope
is rebellion committed by other persons     OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

 

1.

failing to resist rebellion by all means in their

       

power

2.

continuing to discharge the duties of their office

under the control of rebels

3.

accepting appointment to office under the rebels

138: inciting to rebellion / insurrection

Offender does not take up arms or is not in open hostility against govt

Person has decided and proposes to another.

Proposal to commit rebellion

   

He incites others to the execution of any acts of the rebellion

   

That the inciting is done by means of (spwebo)- speeches, proclamations, writings, emblems, banners, or other representations tending to the same end.

Done publicly

Inciting 138 Proposal to commit rebellion

Done secretly

139: sedition

Offenders rise publicly and tumultuously

Violation of allegiance Taking of arms vs govt

Treason

Use of

 

rebellion

unlicensed

They employ (fio)force, intimidation,or other means outside of legal methods

   

firearms (RA

 

8294) is

The following objects:

Object incompletely attained

sedition

absorbed.

a)

to prevent the promulgation or execution of any

law or the holding of any popular election

Common crimes

b)

to prevent the govt or any public officer from

are not

freely exercising its or his functions, or prevent the

absorbed.

execution of any administrative order c) to inflict any act of hate or revenge upon the

person or property of any public officer or employee

d)

to commit, for any political or social end, any act

of hate or revenge against private persons or any social class

e)

to despoil, for any political or social end, any

e) to despoil, for any political or social end, any OOHlala: Only human. Open to constructive
e) to despoil, for any political or social end, any OOHlala: Only human. Open to constructive

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

With Crime ONE Modified Crime Circumstances OTHER I- inherent Elements/ acts punished ELEMENTS TWO Crimes
With
Crime ONE
Modified
Crime
Circumstances
OTHER
I- inherent
Elements/ acts punished
ELEMENTS
TWO
Crimes
A- aggravating
person or the govt of all its property or any part
thereof.
140: penalty for
sedition
Persons liable for sedition under Article 140
1. The leader of the sedition; and
2. Other person participating in the sedition.
141: conspiracy to
commit sedition
1. two or more person come to an agreement
Not mere agreement but
actually done
sedition
2. to rise publicly and tumultuously and to either of
the objectives of sedition
142: inciting to
sedition
4 acts punished:
1. inciting others to commit sedition by means of spwebo
-
offender does not take part in the crime of sedition
-he incites others to the accomplishment of any of the acts which constitute sedition
-
by means of spwebo
2.
uttering seditious words or speeches which tend to disturb public peace
3.
writing, publishing, or circulating scurrilous libels against the govt or any of its duly constituted authorities
2
and 3 punishable when:
-tend to disturb or obstruct any lawful officer in executing the functions of his office
-tend to instigate others to cabal and meet together for unlawful purposes
- they suggest or incite rebellious conspiracies or riots
- they lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the govt
4.
knowingly concealing evil practices
Chapter Two
Crimes Against Popular Representation
Section One: Crimes against Legislative Bodies and Similar Bodies
One: Crimes against Legislative Bodies and Similar Bodies OOHlala: Only human. Open to constructive criticism. Hope
One: Crimes against Legislative Bodies and Similar Bodies OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

143: acts tending to prevent the meeting of the assembly and similar bodies

     

Complexed

 

There be a projected or actual meeting of the congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, of of any provincial board or city or municipal council or board.

Peaceful meeting

Art 131

with

 

Force- physicial

injuries

 

Fraud-

Offender, who may be any person, prevents such meeting by force of fraud

   

falsification

144: disturbance of proceedings

That there be a meeting of congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or any provincial board or city or municipal council or board

   

144 can be made the basis of contempt

 

The offender does the ff acts:

Not participant

144

1)

he disturbs any of such meetings

2)

he behaves while in the presence of any such

participant

Not 144, unjust vexation (?)

bodies in such a manner as to interrupt its proceedings or to impair the repect due to it.

 

Section Two: Violation of Parliamentary Immunity

 

145: violation of parliamentary immunity

2 acts punished:

       

First: any person

   

a) offender uses force, intimidation, threats, or fraud

 

b) that the purpose of the offender is to prevent any

meme of the congress from:

- attending the meetings of the congress or any of its committees or constitutional commissions, -expressing his opinions, -casting his vote

 

Second:

   
-casting his vote   Second:     OOHlala: Only human. Open to constructive criticism. Hope
-casting his vote   Second:     OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

 

a) that the offender is a public officer or employee

       

b) that he arrests or searches any member of the

congress

c) that the congress, at the time of the arrest or search, is in regular or special session

Reclusion Temporal to Death Prision mayor Fine to Prision correctional

Not exempt

Not exempt

d)

that the member arrested or searched has not

Exempt

committed a crime punishable under the RPC a

 

penalty higher that prision mayor

 

Chapter Three Illegal Assemblies and Associations

 

146: Illegal

2 kinds of illegal assemblies:

       

Assemblies

 

First:

       
 

a)

there is a meetings, gathering or group or person,

whether in a fixed place or moving

b) meeting is attended by ARMED person

c) purpose is to commit any crime under the RPC

Second:

Not incited Incited:

No crime

a)

there is a meetings, gathering or group or person,

whether in a fixed place or moving

Organizers / leaders/ persons merely present Speaker who incited

Illegal assembly

b)

that the audience, ARMED OR NOT, is incited to the

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

Inciting to rebellion/ sedition

147: Illegal

Prohibited associations, totally or partially organized for:

       

Associations

     

1)

committing any of the crimes punishable under the

RPC

2)

some purpose contrary to morals

under the RPC 2) some purpose contrary to morals OOHlala: Only human. Open to constructive criticism.
under the RPC 2) some purpose contrary to morals OOHlala: Only human. Open to constructive criticism.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

 

Chapter Four Assault Upon and Resistance and Disobedience to Persons in Authority and Their Agents

 

152: persons in authority and agents in persons in authority

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

 
 

An agent of a person in authority (APA) is one charged with (1) the maintenance of public order and (2) the protection and security of life and property. -person who comes to the aid of PIA is considered an agent of person in authority

 

Public Officer: any person who takes part in the performance of public functions in the govt

 

148: direct assault

           

Two ways of committing

Offender is also a PIA or APA in the performance of official duties

Coercion or Physical injuries

 

PIA or APA is suspended

Coercion or PI

WITHOUT PUBLIC UPRISING

         

a) that the offender employs force or intimidation

If there is public uprising

Rebellion/sedition

PIA or APA is killed: complex crime of DA with homicide or murder

b) aim of the offender is to attain any of the purposes

   

of the crime of rebellion or any of the objects of the crime of sedition

c)

no public uprising

offended: PIA or APA or private individual

Injured:

WITH PUBLIC UPRISING

   

complex crime of DA with serious or less serious Physical

 

a)

offender

- makes an attach -employ force

  a) offender - makes an attach -employ force OOHlala: Only human. Open to constructive criticism.
  a) offender - makes an attach -employ force OOHlala: Only human. Open to constructive criticism.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

     

With

 

Crime ONE

Elements/ acts punished

Modified

ELEMENTS

 

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

 

PIA: serious OR not serious APA: serious -Makes a serious intimidation -makes a serious resistance (active)

     

injuries

 

Slight physical

Not serious

151: resistance and disobedience

injuries:

 

PIA: separate

 

b)

that the person assaulted is a PIS or APA

 

offense

c) that at the time of assault:

 

1) committed with a weapon 2) offender is a public officer or employee 3) offender lays hands upon PIA

Qualified DA:

APA: absorbed

-

PIA or APA is engaged in the ACTUAL performance

of his official duties

 

that PIA or APA is assaulted by reason of the PAST performance of his official duties

-

d)

that the offender knows that the one he is

 

assaulting is a PIA or APA in the exercise of his duties

e)

there is no public uprising

 

149: indirect assault

That APA is the victim of any of the forms of DA in Art

No DA

Physical injuries

   

148

 

A person comes to the aid of APA Note: person coming to the aid of PIA is an APA

Private individual or PIA or APA not in the performance of duty

Still 149

   

Offender makes use of force or intimidation upon such person coming to the aid of APA

       

149 and 152

Victim

Crime committed UPON VICTIM

Person coming to his aid

qualifier

Crime committed UPON AID

 

PIA

regardless

PIA

Regardless

148. DA 2 nd kind

 
PIA Regardless 148. DA 2 nd kind   OOHlala: Only human. Open to constructive criticism. Hope
PIA Regardless 148. DA 2 nd kind   OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

     

With

 

Crime ONE

Elements/ acts punished

Modified

ELEMENTS

 

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

   

DA

APA

Serious

 

Not serious

Art 151. Resistance/disobedience

 

Private individual ( becomes APA)

Serious

148.

DA 2 nd kind

PIA

Not serious

Art 151. Resistance/disobedience

 

APA

Regardless

PIA

Regardless

148.

DA 2 nd kind

DA

APA

Serious

148.

DA 2 nd kind

   

Not serious

Art 151. Resistance/disobedience

 
 

Private indivl

regardless

149.IA

 

Resistance/ disobedience

APA

Serious

148.

DA 2 nd kind

   

Not serious

Art 151. Resistance/disobedience

 

Regardless

Private Indvl ( does not become APA)

regardless

Physical injuries or coercion

 

Note:

Person comes to the aid of PIA- becomes APA Person comes to the aid of APA- does not become APA

 

150: disobedience to summons issues by the national assembly, its committees or subcommittees, by the constitutional commission, its committees, subcommittee or

Acts Punished:

 

1.

By refusing, without legal excuse, to obey summons of Congress, its special or standing committees and subcommittees, the Constitutional Commissions and

its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses;

 

2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official;

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

exercise of their functions;

 
to do so in the exercise of their functions;   OOHlala: Only human. Open to constructive
to do so in the exercise of their functions;   OOHlala: Only human. Open to constructive

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

divisions

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

 

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

151: resistance and disobedience to a person in authority or agent of such person

         

That a PIA or APA is engaged in the performance of official duty or gives a lawful order to the offender (direct order)

 
 

Offender resists or seriously disobeys such PIA or APA

Not seriously disobedience Serious resistance

Simple disobedience DA

Act of offender does not fall in 148-150

   

Offender knows PIA or APA is a public officer.

   
 

Chapter Five Public Disorders

153: tumults and other disturbances of public order

Acts punished:

If done with the idea afterthought of inducing his

Inciting to sedition or rebellion

Can be complxed with DA if the tumults and disturbances of public order are directed against PIA or APA.

 

1.

Causing any serious disturbance in a public

hearers or readers to commit the crime of rebellion or sedition.

 

place, office or establishment;

2.

Interrupting or disturbing performances,

functions or gatherings, or peaceful meetings, if the act is not included in Articles 131 and 132;

Committed by a stranger or public officer who is a participant

Still 153

3.

Making any outcry tending to incite rebellion

or sedition in any meeting, association or public place;

4.

Displaying placards or emblems which

 

Qualified Art 153

 

provoke a disturbance of public order in such place;

Public officer

5.

Burying with pomp the body of a person who

Art 131-2

has been legally executed.

disturbance or interruption of a tumultuous character.

disturbance or interruption of a tumultuous character. OOHlala: Only human. Open to constructive criticism. Hope
disturbance or interruption of a tumultuous character. OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

         

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

154: unlawful use of means of publication and unlawful utterances

Acts punished

       

Note: actual public disorder or actual damage to the credit of the state is not necessary. The mere possibility of causing such damage is sufficient.

Publication is

 

1.

Publishing or causing to be published, by

obscene and

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

anonymous, the

 

offenses can

not be

 

complexed as

 

Rises publicly

Inciting to sedition

they involve

2.

Encouraging disobedience to the law or to the

different acts

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

RA no. 248: prohibits reprinting, reproduction, republication of govt publications without previous authority.

separately

punished under

154

and Art

 

201

on

3.

Maliciously publishing or causing to be

obscene

published any official resolution or document without proper authority, or before they have been published officially;

If printer/ owner of the printing establishment took part in the preparation and publication of the libelous writings

Art 360. Libel.

publications.

4.

Printing, publishing or distributing (or causing

the same) books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous.

printer’s name, or which are classified as anonymous. OOHlala: Only human. Open to constructive criticism. Hope
printer’s name, or which are classified as anonymous. OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

155: alarms and scandal

Acts punished

       

1.

Discharging any firearm, rocket, firecracker,

Directed to a person

 
 

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

No alarm

Art 254. Discharge of firearms

No crime

2.

Instigating or taking an active part in any

During fiesta

No crime

charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;

3.

Disturbing the public peace while wandering

about at night or while engaged in any other nocturnal amusements;

4.

Causing any disturbance or scandal in public

Disturbance is serious

Art 153

places while intoxicated or otherwise, provided Article 153 in not applicable.

156: delivering prisoners from jail

There is a person confined in jail

Confined in hospital or asylum

Art 156

 

That the offender removes therefrom such person, or helps him escape.

Offender is a public officer who is actually and presently in custody or charge of the prisoner

Art 223. Infidelity in the custody of a prisoner

LIABILITY OF ONE WHO HELPS/REMOVES PRISONER.

LIABILITY OF ONE WHO ESCAPES:

But is escapee is serving sentence of treason, murder, parricide

Accessory thereof.

Detention prisoner: NO LIABILITY CONVICT by FINAL JUDGEMENT:

 

evasion of service of sentence. Art.

 

157.

IF DELIVERY OF PRISONER

BRIBER: corruption of PO

157. IF DELIVERY OF PRISONER BRIBER: corruption of PO OOHlala: Only human. Open to constructive criticism.
157. IF DELIVERY OF PRISONER BRIBER: corruption of PO OOHlala: Only human. Open to constructive criticism.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

With Crime ONE Modified Crime Circumstances OTHER I- inherent Elements/ acts punished ELEMENTS TWO Crimes
With
Crime ONE
Modified
Crime
Circumstances
OTHER
I- inherent
Elements/ acts punished
ELEMENTS
TWO
Crimes
A- aggravating
COMMITTED THROUGH
BRIBERY: LIABILITY
(Art 212) and Art 156
JAILER: infidelity (Art
223) and bribery (Art
210)
PRISONER: evasion of
service (Art 157)
Chapter Six
Evasion of Service of Sentence
157: evasion of
service of sentence
Offender is a convict by final judgment
He is serving his sentence, which consists in the
deprivation of liberty
He evades the service of his sentence by escaping
during the term of his sentence
1.
By means of unlawful entry
Qualified Art 157
(this should be “by scaling” -
Reyes);
2.
By breaking doors,
windows, gates, walls, roofs or
floors;
3.
By using picklock, false
keys, disguise, deceit, violence
or intimidation; or
4.
Through connivance with
other convicts or employees of
the penal institution.
with other convicts or employees of the penal institution. OOHlala: Only human. Open to constructive criticism.
with other convicts or employees of the penal institution. OOHlala: Only human. Open to constructive criticism.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

158: evasion of service of sentence on the occasion of disorders, conflagration, earthquake, of other calaminities.

That the offender is a convict by the final judgment , and is confined in a penal institution

       

That there is disorder, resulting from: conflagration, earthquake, explosion, similar catastrophe, mutiny in which he has not participated

Takes part in the mutiny

Mutiny

That the offender leaves the penal institution where he is confined, on the occasion of such disorder or during mutiny

   
 

That offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity

   

159: Other cases of evasion of sentence (conditional pardon)

Offender was a convict

       

He was granted a conditional pardon by the chief executive

       

That he violated any of the conditions of such pardon

       
 

Chapter Seven Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense

 

160: Commission of another crime during the service of penalty imposed for another previous offense (quasi-recidivism)

That offender was already convicted by final judgment of one offense

First crime violated a special law

Still Art. 160.

 

It is special aggravating circumstance

That he committed a new felony before beginning to serve such sentence or while serving the same

       
or while serving the same         OOHlala: Only human. Open to constructive criticism.
or while serving the same         OOHlala: Only human. Open to constructive criticism.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

With Crime ONE Modified Crime Circumstances OTHER I- inherent Elements/ acts punished ELEMENTS TWO Crimes
With
Crime ONE
Modified
Crime
Circumstances
OTHER
I- inherent
Elements/ acts punished
ELEMENTS
TWO
Crimes
A- aggravating
Title Four
Crimes Against Public Interest
Chapter One
Forgeries
Section One: Forging the Seal of the Government of the Philippine Islands the Signature or Stamp of the Chief Executive
161: counterfeiting
seal of the
government, signature
and stamp of the govt
Acts punished:
1) Forging the seal of the government of the
Philippines
2) forging the signature of the president
3) forging the stamp of the president
162: use of forged
signature, counterfeit
seal or stamp
The seal or RP was counterfeited OR the signature or
stamp of the chief executive was forged by another
person
If not by another but the one
who used the same
Art. 161
That offender knew about this
That he used the same
Section Two: Counterfeiting Coins
163: making and
importing and
uttering false coins
That there be false or counterfeited coins
False coin currency of foreign
country
Art 163
Former coins withdrawn from
circulation
That the offender either made, imported, or uttered
such coins
That in case of uttering such false or counterfeited
coins That in case of uttering such false or counterfeited OOHlala: Only human. Open to constructive
coins That in case of uttering such false or counterfeited OOHlala: Only human. Open to constructive

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

 

coins, he connived with the counterfeiters or importers

       

164: mutilation of coins- importation and utterance of mutilated coins

Acts punished:

Foreign country

Not Art 164.

   

1.

Mutilating coins of the legal currency, with the

further requirements that there be intent to damage or to defraud another;

 

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

165: Selling of false or mutilated coin, without connivance

Acts punished

       

1.

Possession of coin, counterfeited or mutilated by

another person, with intent to utter the same, knowing

 

that it is false or mutilated; Elements Possession; With intent to utter; and Knowledge.

Constructive possession

Stil Art 165

2.

Actually uttering such false or mutilated coin,

Note:

knowing the same to be false or mutilated. Elements Actually uttering; and

Mutilation: legal tender Forge, counterfeit, utter:

Knowledge.

regardless

Section Three: Forging treasury or Bank notes, obligations and securities; Importing and Uttering false or forged notes, obligations and securities

166: Forging treasury or Bank notes, obligations and

Acts punished:

Falsification of PNB checks

Falsification of commercial documents under Art 172 in

   

1) Forging or falsification or treasury or bank notes or other documents payable to bearer

treasury or bank notes or other documents payable to bearer OOHlala: Only human. Open to constructive
treasury or bank notes or other documents payable to bearer OOHlala: Only human. Open to constructive

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

     

With

 

Crime ONE

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

securities; Importing and Uttering the same

2)

Importation of the same (bringing in Ph O/N

 

connection with Art 171 of RPC.

   

forged or falsified outside)

 

3)

uttering the same in connivance with forgers or

 

importers

167: counterfeiting, importing and uttering instrument not payable to bearer

That the be an instrument payable to order or other document of credit not payable to bearer

       

That offender either forged imported or uttered such instrument

Utterer is the forger

Forgery

 

That in case of uttering, he connived with the importer or forger

   

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

That the treasury or bank note or certificate or other obligation and securities payable to bearer or any instrument payable to the order or other document of credit not payable to bearer is forged or falsified by another

Mere possession of false treasury or bank notes

No crime

   

That the offender knows that any of these instruments is forged or falsified

   

That he performs any of these acts:

   

a) using any of such forged or falsified instrument OR

b) possessing with intent to use, any of the forged or

falsified document

169: How forgery is committed

1.

By giving to a treasury or bank note or any

Defacement mutilation tearing burning or destroying of the CB notes and coins

PD 247

   

instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine

 

document;

 

2.

By erasing, substituting, counterfeiting, or altering

by any means the figures, letters, words, or sign contained therein.

RA 9194

ANTI-MONEY LAUNDERING ACT OF 2001

 
RA 9194 ANTI-MONEY LAUNDERING ACT OF 2001   OOHlala: Only human. Open to constructive criticism. Hope
RA 9194 ANTI-MONEY LAUNDERING ACT OF 2001   OOHlala: Only human. Open to constructive criticism. Hope

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

 

SEC. 4. Money Laundering Offense. Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are transacted, thereby making them appear to have originated from legitimate sources. It is committed by the following:

"(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property. "(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a) above. "(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so."

"(b) 'Covered transaction' is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five hundred thousand pesos (P500,000.00) within one (1) banking day."

"(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist:

"1. there is no underlying legal or trade obligation, purpose or economic justification; "2. the client is not properly identified; "3. the amount involved is not commensurate with the business or financial capacity of the client; "4. taking into account all known circumstances, it may be perceived that the client’s transaction is structured in order to avoid being the subject of reporting requirements under the Act; "5. any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or the client’s past transactions with the covered institution; "6. the transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or "7. any transaction that is similar or analogous to any of the foregoing."

Unlawful Activity:

SEC. 3. Section 3(i) of the same Act is further amended to read as follows:

 

"(i) 'Unlawful activity' refers to any act or omission or series or combination thereof involving or having direct relation to the following:

 

"(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended; "(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002; "(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act;

otherwise known as the Anti-Graft and Corrupt Practices Act; OOHlala: Only human. Open to constructive criticism.
otherwise known as the Anti-Graft and Corrupt Practices Act; OOHlala: Only human. Open to constructive criticism.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

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CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 

Crime ONE

 

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

Crimes

A- aggravating

 

"(4) Plunder under Republic Act No. 7080, as amended; "(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended; "(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602; "(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532; "(8) Qualified theft under Article 310 of the Revised Penal Code, as amended; "(9) Swindling under Article 315 of the Revised Penal Code, as amended; "(10) Smuggling under Republic Act Nos. 455 and 1937; "(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000; "(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists against non-combatant persons and similar targets; "(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code of 2000; "(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries."

Section Four: Falsification of Legislative, Public, Commercial and Private documents and Wireless, Telegraph and Telephone Messages

170: Falsification of Legislative Documents

That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of Legislature or any provincial board or municipal council

Other acts of falsification

Art 171 or 172

   
 

The offender alters the same

   

That he has no proper authority therefor

   

That alteration changed the meaning of the document

   

Offender is private invdl or Public officer

   

171: Falsification by public officer, employee or natary or ecclesiastical minister

That the offender is a public officer, employee or notary public of ecclesiastical minister

       

That he takes advantage of his official position when

If does not take advantage

Art 172. Falsification of public document by a private individual

a)

he has the duty to make or prepare or otherwise

intervene in the preparation of document

 

b)

he has the official custody of the document which

 
he has the official custody of the document which   OOHlala: Only human. Open to constructive
he has the official custody of the document which   OOHlala: Only human. Open to constructive

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala

Source: https://warlita.wordpress.com/right_brained/

CRIMES under the RPC and Special Laws Elements. Punishable acts. simplified (Best read with SBC Law Memory Aid)

       

With

 
 

Crime ONE

Elements/ acts punished

Modified

ELEMENTS

Crime

TWO

OTHER

Circumstances

I- inherent

 

Crimes

A- aggravating

 

he falsified

       

Offender falsifies a document

     

8 modes:

 

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

1267: GENUINE document others: simulating or fabricating a document.

ELEMENTS:

there is an intent to imitate or an attempt to imitate

a.

 

b.

two signatures or handwritings, the

1.

Counterfeiting or imitating any

genuine and the forged bear some

handwriting, signature or rubric;

resemblance.

No ATTEMPT ( so that they are entirely unlike the genuine signature)

Liable under Art 170 (2)

a)

that the offender caused it to appear

in a document that a person/s participated in an act of proceeding

 

2.

Causing it to appear that