Академический Документы
Профессиональный Документы
Культура Документы
CRIMES
ART. 114 TREASON
ART. 115
CONSPIRACY
AND
PROPOSAL
TO COMMIT
TREASON
PERSONS
LIABLE
1. any Filipino
citizen
2. alien residing
in the Philippines
same
ELEMENTS
MODE 1: Levying war
1. the offender is a Filipino or resident alien
2. there is a war in which the Philippines is
involved
3. the offender levies was against the
government
MODE 2: adherence to the enemy by giving
of aid or comfort
1. the offender is a Filipino or resident alien
2. there is a war in which the Philippines is
involved
3. that the offender adhere to the enemies,
giving them aid or comfort
CONSPIRACY TO COMMIT TREASON
1. there is a war in which the philippines is
involved
2. at least 2 persons come to an agreement
to
a. levy war against the government; or
b. adhere to the enemies, giving them aid
or comfort
3. that person proposes its execution to
other persons
4. they decide to commit it.
PROPOSAL TO COMMIT TREASON
1. there is a war in which the philippines is
involved
2. at least one person decides to
a. levy war against the government; or
PENALTY
Reclusion perpetua to
death and a fine not
exceeding P100,000
NOTES
Art. 116
MISPRISION
OF TREASON
Filipino citizens
Par. 1 any
person whether
a citizen or a
foreigner, a
private
individual or a
public officer
Par. 2 public
officer who has
in his possession
the information
by reason of the
public office he
holds
Shall be punished as an
accessory to the crime
of treason
Art.
119
violation
neutrality
of
PERSONS
LIABLE
Public officer
or employee,
or
Private
individuals
anyone
Art.
120
corresponden
ce
with
hostile
country
Any person
Art.
121
flight
Any
owing
to
person
ELEMENTS
PENALTY
NOTES
1.
offender
performs
unlawful
or
unauthorized acts
2. the acts provoke or give occasion for
a. a war involving or liable to involve the
philippines; or
b. exposure of Filipino citizens to reprisals on
their persons or property
Public officer/
employee
reclusion temporal
Private individual
prision mayor
Prision
correccional
1.
prision
correccional if
correspondence is
prohibited by the
gov.
2. prision mayor
carried
on
in
ciphers
or
conventional signs
3.
reclusion
temporal
if
notice or info be
given
thereby
which might be
useful
to
the
enemy,
Arresto mayor
Public manifestations of
hostility to the head or
ambassador of another
state
Correspondence
communication by means
of letters which pass
between those who have
friendly
or
business
relations.
Even if correspondence
contains
innocent
matters,
if
the
correspondence has been
prohibited
by
the
government,
it
is
punishable
enemys
country
allegiance
to
the
government
of
or
Art.
122
piracy
in
general
and
mutiny on the
high seas or
in Philippine
waters
May or may
not
be
members of its
complement,
or
passenger
of the vessel
Mutiny
members
the crew
passengers
Art.
123
qualified
piracy
Reclusion
perpetua
Reclusion
perpetua to death
say
not
being
a
foreigner.
Hence,
allegiance is either natural
or temporary.
Mere
attempt
consummates the crime
High seas part of the
seas that are not included
in the exclusive economic
zone, in the territorial
seas, or in the internal
waters of a state or in the
archipelagic waters of an
archipelagic state.
Art.
125
delay in the
delivery
of
detained
persons
to
the
proper
judicial
authority
PERSONS
LIABLE
Public
officer
or
employee
whose official
duties
carry
with
it
the
authority
to
make an arrest
and
detain
persons
Public
officer
or employee
ELEMENTS
PENALTY
NOTES
1. Arresto mayor
in its max period
to
prision
correccional in its
min
period
detention
not
exceeded 3 days
2.
prision
correccional in its
medium and max
periods
detention
has
continued
more
than 3 but not
more than 15 days
3. prision mayor
detention
has
continued
for
more than 15 days
but not more than
6 months
Detention of a person is
without legal ground: 1)
When
he
has
not
committed any crime or at
least,
there
is
no
reasonable ground for
suspicion that he has
committed a crime, or 2)
when he is not suffering
from violent insanity or
any
other
ailment
requiring confinement in a
hospital.
court
The periods stated are
counted only when the
prosecutors
office
is
ready to receive the
complaint/info. Nighttime
is not included in the
period.
Art.
126
delaying
release
Public
officer
or employee
Art.
127
expulsion
Public
officer
or employee
Art.
128
violation
domicile
of
Public
officer
or employee
Penalties provided
for in art. 124
shall be imposed
Prision
correccional
Prision
correccional in its
minimum period
Qualifying circumstances:
1. night time
2. papers or effects not
constituting evidence of a
crime are not returned
immediately
after
the
search made by the
offender
Art.
129
search
warrants
maliciously
obtained, and
abuse in the
service
of
those legally
obtained
Public
officer
or employee
Art.
130
searching
domicile
without
witnesses
Public
officer
or employee
Art.
131
prohibition,
interruption
and
dissolution of
peaceful
meetings
Public
officer
or employee
Arresto mayor in
its
maximum
period to prision
correccional in its
minimum
period
and a fine not
exceeding P1,000
Arresto mayor in
its
minimum
period
Prision
correccional in its
minimum period
Art.
132
interruption of
religious
worships
Public
officer
or employee
Art.
133
offending the
religious
feelings
Any person
Prision
correccional in its
minimum period
If the crime is
committed
with
violence or threats
prision
correccional in its
medium and max
period
Arresto mayor in
its
maximum
period to prision
correccional in its
minimum period
Art.
134
PERSONS
LIABLE
ELEMENTS
PENALTY
NOTES
rebellion
or
insurrection
Art. 134A
coup d etat
Art.
135
penalty
for
rebellion,
insurrection
or coup d
1. it may be
committed
singly
or
collectively
2. requires as a
principal
offender
a
member of the
AFP, PNP, or a
public
officer
with or without
civilian support
etat
Art.
136
conspiracy
and proposal
to
commit
coup d etat,
rebellion
or
insurrection
Art.
137
disloyalty of
public officers
or employees
Public
officer
or employee
Art.
138
inciting
to
rebellion
or
insurrection
Any person
Art.
Any person
139
Prision
correccional in its
minimum period
Prision
its
period
mayor in
minimum
sedition
Art.
140
persons liable
for sedition
1. leader
2. other person
participating in
the sedition
Art.
141
conspiracy to
commit
Any person
No proposal to commit
sedition
sedition
Art.
142
inciting
sedition
to
sedition;
2. they decide to commit it
MODE 1: inciting others to the
accomplishment of any of the acts
which constitute sedition by means of
speeches,
proclamations,
writing,
emblems, etc.
1. offender does not take direct part in the
crime of sedition
2. he incites others to the accomplishment
of any of the acts which constitute sedition
by means of speeches, proclamations,
writings, emblems, cartoons, banners, or
other representations tending towards the
same end.
MODE 2: Uttering seditious words or
speeches which tend to disturb the
public peace
MODE
3:
writing,
publishing,
or
circulating scurrilous libels against the
government or any of the duly
constituted authorities thereof, which
tend to disturb the public peace.
1. offender does not take part in the crime
of sedition
2. he uttered words or speeches and writing,
publishing or circulating scurrilous libels and
that
a. tend to disturb or obstruct any lawful
officer in conducting the functions of his
office;
b. tend to instigate others to cabal and meet
together for unlawful purposes;
Considering
that
the
objective of sedition is to
express protest against
the government and in
the process creating hate
against public officers,
any act that will generate
hatred
against
the
government or a public
officer concerned or a
social class may amount
to inciting to sedition.
Art.
143
acts tending
to prevent the
meeting
of
the congress
of
the
Philippines
and
similar
bodies
Art.
144
disturbance of
proceedings
Art.
145
violation
of
parliamentary
immunity
Any person
Any person
1. any person
2. public officer
or employee
Arresto mayor or a
fine from P200 to
P1,000
1. prision mayor
2.
prision
correccional
Parliamentary
immunity
does not protect members
of
congress
from
responsibility
in
accordance
with
the
disciplinary
rules
of
congress itself.
Art.
146
Illegal
assemblies
1.
the
organizer
or
leaders of the
meeting
2.
persons
merely present
at the meeting
who must have
a
common
intent
to
commit
the
Members
of
congress
cannot be arrested for
offenses punishable by a
penalty less than prision
mayor (6yrs and 1 day to
12 years) while congress
is in session.
They can be prosecuted
after congress adjourns.
felony of illegal
assembly.
Art.
147
illegal
associations
1.
founders,
directors and
president
of
the association
2.
mere
members
of
the association
code.
MODE 2: any meeting in which the
audience, whether armed or not, is
incited to the commission of the crime
of treason, rebellion or insurrection,
sedition, or assault upon person in
authority or his agents.
1. there is a meeting, a gathering or group
of persons, whether in a fixed place or
moving
2. the audience, whether armed or not, is
incited to the commission of the crime of
treason, rebellion or insurrection, sedition or
direct assault.
1. associations totally or partially organized
for the purpose of committing any of the
crimes punishable under the code;
2. associations totally or partially organized
for some purpose contrary to public morals
Presumptions if a person
carried
an
unlicensed
firearm:
1. the purpose of the
meeting insofar as he is
concerned is to commit
acts punishable under the
RPC
2. he is considered a
leader or organizer of the
meeting.
1.
Prision What is punished is the
correccional in its act
of
forming
or
minimum
and organizing the association
medium
period
and a fine not
exceeding P1,000.
2. arresto mayor
respectively
CHAPTER IV ASSAULT UPON AND RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY AND THEIR
AGENTS
Art.
148
officer
3. the offender lays hands
on a public authority
Art.
149
indirect
assault
Any person
Prision
correccional in its
minimum
and
medium
periods
and a fine not
Directly
vested
with
jurisdiction power or
authority to govern and
execute the laws.
Indirect assault can only
be committed when a
direct assault is also
committed.
Any assault on him on the
Art.
150
disobedience
to summons
issued
by
congress, its
committees
or
subcommittes
,
by
the
constitutional
commissions,
its
committees,
subcommittee
s or divisions
exceeding P500
Arresto mayor or a
fine ranging from
P200,000 or both
such
fine
and
imprisonment
1. arresto mayor
and a fine not
exceeding P500
2. arresto menor
or a fine ranging
Art.
151
resistance
and
disobedience
to a person in
authority
or
the agents of
such persons
Art.
153
tumults
and
other
disturbances
of
public
order
The
disobedience
contemplated consists in
the failure to obey a direct
order from the authority
or his agent
In simple disobedience,
the offended party must
be only an agent of a
person
authority.
The
order must be lawful. The
disobedience should not
be of a serious nature.
The
disturbance
or
interruption
shall
be
deemed to be tumultuous
if caused by more than 3
persons who are armed or
provided with means of
violence.
If done unconsciously or
without intent to incite the
listener to rise sedition or
rebellion,
this
article
applies.
Burying with pomp the
body of a person
ostentatious display of a
burial
Art.
154
unlawful use
of means of
publication
and unlawful
utterances
upon
persons
causing
any
disturbance
or
interruption of a
tumultuous
character
Arresto mayor and
a
fine
ranging
from
P200
to
P1,000
Art.
155
alarms
and
scandals
Arresto menor or a
fine not exceeding
P200
Art.
156
delivering
prisoners
from jail
stranger
Arresto mayor in
its
maximum
period to prision
correccional in its
minimum period
If
the
prisoner
who
escapes
is
only
a
detention prisoner, he
does not incur liability
from escaping if he does
not know of the plan to
remove him from jail. But
if such prisoner knows of
the plot to remove him
from jail and cooperates
therein by escaping, he
himself becomes liable for
delivering prisoners from
jail as a principal by
indispensable
cooperation.
If the prisoner removed or
whose escape is made
possible
by
the
commission of the crime
of delivering prisoner from
jail is a detention prisoner,
such prisoner is not
criminally liable.
Art.
157
evasion
service
sentence
of
of
Art.
158
evasion
of
service
of
sentence on
the occasion
of disorders,
conflagrations
, earthquakes,
or
other
calamities
Convict
by
final judgment
Convict
by
final judgment
Prision
correccional in its
medium
and
maximum period
A prisoner is criminally
liable for leaving the penal
institution
only
when
there is evasion of the
service of his sentence,
which
can
only
be
committed only by a
convict by final judgment.
Prisoner
immediately
returning
back
is
immaterial. It may be
mitigating, but it will not
absolve him from his
criminal liability.
Leaving
the
penal
establishment is not the
basis of criminal liability.
What is punished is the
failure to return within 48
hours after the passing of
the
calamity,
conflagration or mutiny
had been announced.
Art.
159
other cases
evasion
service
sentence
of
of
of
convict
1. offender is a convict
2. he was granted a conditional pardon by
the chief executive
3. he violated any of the conditions of such
pardon
Prision
correccional in its
minimum period
Art.
161
counterfeiting
the great seal
of
the
government
of
the
Philippine
islands,
forging
the
signature or
stamp of the
chief
executive
Art.
162
using forged
signature or
counterfeit
seal or stamp
Art.
163
making
and
importing and
uttering false
coins
PERSONS
LIABLE
ELEMENTS
CHAPTER I FORGERIES
Acts punished:
1. great seal of the government of the
Philippines;
2. signature of the president
3. stamp of the president
PENALTY
NOTES
Reclusion
temporal
Prision mayor
1. prision mayor in
its min and med
periods and a fine
not
exceeding
P10,000
if
counterfeited coin
be silver coin of
the philippines
2.
prision
correccional in its
To utter is to pass
counterfeited
coins.
It
includes delivery or the
act of giving them away.
A counterfeited coin is
uttered when it is paid,
when the offender is
caught
counting
the
counterfeited
coins
preparatory to the act of
min
and
med
periods and a fine
not
exceeding
P2,000 if the
counterfeited
coins be any of
the minor coinage
of the philippines
or of the central
bank
of
the
philippines below
c10
3.
prision
correccional in its
min period and a
fine not exceeding
P1,000
if
counterefeited
coin be currency
of
a
foreign
country
Art.
164
mutilation
coins
of
Prision
correccional in its
minimum
period
and a fine not
exceeding P2,000
delivering
them,
even
though the utterer may
not obtain the gain he
intended.
To import fake coins
means to bring them into
port.
The
importation
is
complete before entry at
the customs house.
The
counterfeiting
of
foreign
currency
is
punishable regardless of
whether or not it is still in
official circulation. The
reason behind is not only
the harm that it may
cause to the public in case
it goes into circulation
again
but
also
the
possibility
that
the
counterfeiter may later
apply his trade to the
making of coins in actual
circulation.
Mutilation take off part
of the metal either by
filling it or substituting it
for another metal of
inferior quality.
Foreign coins are covered.
This is the only article that
requires
that
the
mutilated coin be legal
Art.
165
selling of false
or mutilated
coin, without
connivance
MODE
1:
possession
of
coin,
counterfeited or mutilated by another
person, with intent to utter the same,
knowing that it is false or mutilated;
1. possession
2. with intent to utter
3. knowledge
MODE 2: actually uttering such false or
mutilated coin, knowing the same to be
false or mutilated.
1. actually uttering
2. knowledge
Art.
166
forging
treasury
or
bank notes or
other
documents
payable
to
bearer;
importing and
uttering such
false
or
forged notes
and
documents
Acts punished:
1. forging or falsification of treasury or bank
notes or other documents payable to bearer
2. importation of such false or forged
obligations or notes
3. uttering of such false or forged
obligations or notes in connivance with the
forgers or importers
Prision
correccional in its
medium
and
maximum periods
and a fine not
exceeding P6,000
tender
Possession includes actual
and physical possession
and
constructive
possession.
Possessor should not be
the
counterfeited,
mutilator, or importer of
the coins.
As long as the offender
has knowledge that the
coin is false or mutilated,
there is no need for him to
connive
with
the
counterfeiter or mutilator.
Reason for this is that the
forging tends to bring
such
documents
into
discredit and the offense
produces
a
lack
of
confidence on the part of
the
holders
of
said
documents
to
the
prejudice of society and of
the State.
Forging by giving any
treasury or bank note, or
any instrument payable to
bearer, or to order the
appearance of a true and
a genuine document/
Falsification by erasing,
substituting,
Art.
168
illegal
possession
and use of
false treasury
or bank notes
and
other
instruments
of credit
counterfeiting or altering
by any means the figures,
letters, words, or sign
contained therein
The rules is that if a
person
had
in
his
possession
a
falsified
document and he made
use
of
it,
taking
advantage
of
it
and
profiting
thereby,
the
presumption is that he is
the material author of the
falsification.
Possession
of
false
treasury or bank notes
alone is not a criminal
offense.
Intent to use is sufficient
to consummate the crime
when the offender is in
possession of false or
falsified
notes
or
obligations.
Art.
169
how forgery is
committed
possession
of
false
Art.
170
falsification of
legislative
documents
Art.
171
falsification
by
public
officer,
employee or
notary
or
ecclesiastical
minister
1. public officer
or employee;
or
2.
notary
public; or
3.
ecclesiastical
minister
Prision
correccional in its
maximum period
and a fine not
exceeding P6,000
Art.
172
falsification
by
private
individual and
use
of
falsified
documents
Private
individual
or
public
officer
or employee
Prision
correccional in its
medium
and
maximum periods
and a fine not
exceeding P5,000
intended
to
be
guaranteed.
The character of the
offender
and
his
faithfulness to his duty is
mainly
taken
into
consideration.
Since damage is not an
element of falsification of
a public document, it
could be complexed with
estafa,
theft
or
malversation
as
a
necessary
means
to
commit the latter crimes.
There is no crime of
falsification
of
private
document
through
negligence
or
imprudence.
There is no crime of estafa
through falsification of a
private document. Both
crimes separately require
the element of damage
which each of the 2
should have its own.
The
fraudulent
gain
obtained through deceit
should not be the very
same damage caused by
the falsification of the
private document.
MODE 3: use of falsified document
Elements in introducing in a judicial
proceeding
1. offender knew that the document was
falsified by another person
2. the false document is in art. 171 or 172 (1
or 2)
3. he introduced said document in evidence
in any judicial proceeding
Art.
173
falsification of
wireless,
cable,
telegraph and
telephone
messages and
use of said
falsified
messages
officer
or
employee
of
the
government or
an officer or
employee of a
private
corporation
engaged in the
service
of
sending
or
receiving
wireless, cable
or
telephone
message
Elements
in
use
in
any
other
transaction
1. offender knew that a document was
falsified by another person
2. the false document is embraced in
articles 171 or 172 (1 or 2);
3. he used such document;
4. the use caused damage to another or at
least used with intent to cause damage.
MODE 1: uttering fictitious wireless,
telegraph or telephone message
1. offender is an officer or employee of the
government or an officer or employee of a
private corporation, engaged in the service
of sending or receiving wireless, cable or
telephone message
2. he utters fictitious wireless, cable,
telegraph or telephone message.
MODE 2: falsifying wireless, telegraph
or telephone message
1. offender is an officer or employee of the
government or an officer or employee of a
private corporation engaged in the service
If
the
document
is
intended by law to be part
of the public or official
record, the falsification
although it was private at
the time of falisification, it
is regarded as falsification
of a public or official
document.
Prision
correccional in its
medium
and
maximum periods
A
private
individual
cannot be a principal by
direct
participation
in
falsification of telegraphic
dispatches under art. 173,
unless he is an employee
of a corporation engaged
in the business of sending
or
receiving
wireless,
telegraph or telephone
messages.
But a private individual
can be held criminally
liable as principal by
inducement.
false medical
certificates,
false
certificates of
merits
or
service, etc.
1. Physician or
surgeon who,
in connection
with
the
practice of his
profession,
issues a false
certificate
2. public officer
who issues a
false certificate
of
merit
of
service, good
conduct
or
similar
circumstances
3.
private
Arresto mayor in
its
maximum
period to prision
correccional in its
minimum
period
and a fine not
exceeding P1,000
physician and
public officer
Arresto mayor
private person
person
who
falsifies
a
certificate
falling
within
the
classes
mentioned in
the
2
preceding
subdivisions
Art.
175
using
false
certificates