Академический Документы
Профессиональный Документы
Культура Документы
Ver. 1
Crimes against National Security Allegiance, or the obligation of fidelity and obedience
Article 114: Treason individuals owe to the government under which they live or
Article 115: Conspiracy and Proposal to Commit Treason to their sovereign, may be permanent (citizen) or temporary
Article 116: Misprision of Treason (resident alien).
Article 117: Espionage
Treason is a war crime; that is, it can only be committed in
times of war, not in peace time.
Crimes against the Law of Nations (Crimes against Humanity)
Article 118: Inciting to War or Giving Motives for Reprisals
Mode 1: Levying war against the Government
Article 119: Violation of Neutrality
Elements:
Article 120: Correspondence with Hostile Country
1. Offender is a Filipino or a resident alien
Article 121: Flight to Enemys Country
2. There is a war in which the Philippines is involved
Article 122: Piracy in General and Mutiny on the High Seas or
3. Offender levies war against the Government
in Philippine Waters
a. There must be an actual assembling of men
Article 123: Qualified Piracy
b. For the purpose of executing a treasonable
design by force.
Extra-territorial application of the RPC: Article 2(5). Except as
provided in the treaties and laws of preferential application,
A formal declaration of the existence of war is not necessary.
the provisions of this Code shall be enforced not only within
Actual hostilities may determine the date of the
Philippine Archipelago, including its atmosphere, its interior
commencement of war.
waters and maritime zone, but also outside of its jurisdiction,
against those who (5) should commit any of the crimes
The levying of war must be in collaboration with a foreign
against national security and the laws of nations, defined in
enemy. If mere civil uprising, it is not treason but offenders
Title one of Book Two of this Code.
may be liable for rebellion.
Crimes against national security can only be tried in the
Philippines while those against the laws of nations can be Mode 2: Adherence to the Enemy and Giving Aid or Comfort
prosecuted wherever the offender is found because the Elements:
crimes are considered crimes against humanity. 1. Offender is a Filipino or a resident alien
2. There is a war in which the Philippines is involved
3. Offender adheres to the enemies and gives aid or
General Rule: Most of these are committed in times in war. comfort
Exceptions: The following can be committed in times of
peace:
(1) Espionage (Art 117) This is also covered by Adherence and giving aid or comfort must be present.
Commonwealth Act No. 616 which punishes Adherence without giving aid or comfort, and vice versa, is
conspiracy to commit espionage. not treason.
(2) Inciting to War or Giving Motives for Reprisals
Adherence to the enemy means intent to betray. It is a state
(Art 118) This can be committed even if the
of mind.
Philippines is not a party to an on-going war.
Giving aid or comfort means an overt act which (1)
strengthens or intends to strengthen the enemy in the
Crimes against National Security
conduct of war against own country, and (2) an overt act
Article 114: Treason which weakens or tends to weaken the power of the traitors
country to resist or to attack the enemy.
Penalty: If Filipino citizen reclusion perpetua to death and a
fine not exceeding P100k; if resident alien reclusion Extent of aid and comfort given to enemies must be to render
temporal to death and a fine not exceeding P100k assistance to them as enemies and not merely as individuals
and be directly in furtherance of the enemies hostile designs.
Ways of Proving Treason: A person may be convicted of Cramer Vs. United States (65 SCt 918)
treason on any of the ff:
FACTS:
1. Two witness rule: Testimony of at least two witnesses Anthony Cramer was charged with treason by adhering to the
to the same overt act (same act, place and movement) enemies of the US, giving them aid and comfort by meeting,
(1) required to prove the overt act of giving aid or conferring, treating and counselling with Werner Thiel and
comfort Edward John Kerling, who were enemies of the US, for the
(2) not necessary to prove adherence* purpose of giving and with intent to give aid and comfort to
*Adherence may be proved: said enemy. By direct testimony of two or more witnesses, it
(1) by one witness was established that Cramer met Thiel and Kerling on the
(2) from the nature of act itself occasions and at the places charged; that they drank
(3) from the circumstances together, and that they engaged long and earnestly in
surrounding the act conversation. There was no proof by two witnesses of what
2. Confession of accused in open court (Art 114, par 2)/ a they said, or in what language they conversed; no showing
judicial confession that Cramer gave them any information whatever of value to
their mission, or that he had any to give; no showing of any
effort at secrecy, they having met in public places, and no
Aggravating Circumstances: Cruelty and Ignominy evidence that Cramer furnished them shelter, sustenance, or
**Evident premeditation, superior strength and treachery are supplies, or that he gave them encouragement or counsel, or
inherent in treason; thus, not aggravating even paid for their drinks.
CASE
US vs Bautista (62 Phil 581) Article 117: Espionage
Penalty: prision correcional; penalty next higher in degree if
Facts: A junta was organized by Filipinos in Hong Kong. They
public officer or employee
conspired to overthrow the Government of the US in the
Philippines by force of arms and establishing Republica Mode 1: Entering of establishment to obtain confidential
Universal Democratica Filipina. Prim Ruiz was to be the titular information regarding defense of the Philippines
head and Artemio Ricarte was to be the chief of military Elements:
forces. Ricarte came to Manila and met with others to perfect 1. That the offender enters a warship, fort, or naval or
the conspiracy hatched in Hong Kong. An enlistment of an military establishment or reservation;
army was made. Bautista took part in some of the meetings 2. That he has no authority therefor;
wherein he assured Ricarte that the necessary preparation 3. That his purpose is to obtain information, plans,
had been made and that he held the people in readiness. photographs or other data of a confidential
nature relative to the defense of the Philippines.
Issue: Is Bautista guilty of conspiracy to commit treason?
Mode 1 may be committed by any person
Ruling: Yes. The fact that one accused of conspiracy to
overthrow the government has actually and voluntarily Intention to obtain information, etc. is necessary but it is not
accepted appointment by the conspirators as an officer of necessary that information, etc. is obtained.
armed forces, raised or to be raised for the furtherance of the
designs of the conspirators, may be taken into consideration Mode 2: Disclosing by public officer of confidential
as evidence of the criminal connection of the accused with information to a foreign representative
the conspiracy. Elements:
1. That the offender is a public officer;
2. That he has in his possession the articles, data or
Article 116: Misprision of Treason
information of a confidential nature relative to the
Penalty: Punished as an accessory to the crime of treason; defense of the Philippines, by reason of the public
two degrees lower than that provided for treason. office he holds;
3. That he discloses their contents to a representative
Elements: of a foreign nation.
1. Offender is a citizen. (NOT a resident alien or
foreigner!) Espionage vs Treason
2. He has knowledge of conspiracy to commit treason Espionage may be committed in time of war or
against the government peace, in many ways (e.g. Commonwealth Act No.
3. He conceals or does not disclose and make 616)
known the same as soon as possible to the Treason may be committed only in time of war, and
governor or fiscal of the province in which he limited only in two waysby levying war against the
resides, or the mayor or fiscal of the city in which he govt, or adherence and giving aid or comfort to the
resides enemy
Crimes against Religious Worship A peace officer or a private person may, without a
Article 132: Interruption of religious worship warrant arrest a person:
Article 133: Offending the religious feelings
(a) When in his presence, the person to be arrested
committed, is actually committing, or is attempting
They are called crimes against the fundamental laws of the to commit an offense;
State because they violate certain provisions of the Bill of (b) When an offense has in fact just been committed,
Rights, i.e., Section 1 (Articles 124-26), Section 6 (Article 127), and he has probable cause to believe based on
Section 2 (Articles 128-30), Section 4 (Article 131), and personal knowledge of facts and circumstances that
Section 5 (Articles 132-33). the person to be arrested committed it; and
If offender is a private individual, he is liable under Article 280 Mode 2: Exceeding authority or by using necessary severity in
trespass to dwelling. executing search warrant legally procured
Elements:
Opposition or prohibition by owner of dwelling may be 1. Offender is a public officer or employee
expressed or implied. 2. He has legally procured a search warrant
Officer has right to break into building or enclosure to make 3. He exceeds his authority or uses unnecessary
an arrest, by virtue of a warrant (or if case falls within a lawful severity in executing the same
warrantless arrest), where the person to be arrested is or is
reasonably believed to be, if officer is refused admittance
thereto, after announcing his authority and purpose (Sec 11, Search warrant an order in writing issued in the name of
Rule 113, RRPC). the People of the Philippines, signed by a judge and directed
to a peace officer, commanding him to search for personal
A peace officer without a search warrant cannot lawfully property described therein and bring it before the court.
enter the dwelling against the will of owner, even if he knew Requisites for issuance: Upon probable cause in connection
that someone in the dwelling is having unlawful possession of with one specific offense to be determined personally by the
opium. NO AMOUNT OF INCRIMINATING EVIDENCE, judge after examination under oath or affirmation of the
WHATEVER ITS SOURCE, WILL SUPPLY THE PLACE OF A complainant and the witnesses he may produce, and
SEARCH WARRANT. particularly describing the place to be searched and the
things to be seized which may be anywhere in the
Silence of owner of dwelling before and during the search, Philippines.
without a search warrant, by a public officer, may show Validity of warrant: 10 days
implied waiver.
Property to be seized:
Exceptions to warrant requirements: Subject of the offense;
Search incidental to a lawful arrest Stolen or embezzled and other proceeds or fruits of
Search of moving vehicles the offense; or
Evidence in plain view Used or intended to be used as means of committing
Stop and frisk an offense
Customs searches
Consented warrantless searches Officer seizing property under the warrant must give a
detailed receipt for the same to the lawful occupant of the
Article 129: Search warrants obtained and abuse in the premises, or leave a receipt in place where property was
found (in presence of witnesses)
service of those legally obtained
Witnesses:
Penalty: In addition to liability from commission of any other
1. Lawful occupant or any member of his family
offense (e.g. perjury), arresto mayor max to prision
2. Or in the absence of the latter, TWO WITNESSES of
correccional min AND a fine not exceeding 1k
sufficient age and residing in the same locality
Acts punishable:
Evidence obtained in violation of Section 2 and 3 of Article III,
1. Procuring a search warrant without just cause
Consti, are fruits of a poisonous tree and are thus
2. Exceeding authority or by using necessary severity in
inadmissible.
executing search warrant legally procured
Elements:
Article 130 does not apply to searchers of vehicles or other
1. Acts complained of were performed:
means of transportation, because searches are not made in
a. Ina place devoted to religious worship; OR
the dwelling. (Maam: unless of course you live in your car.
b. During celebration of any religious
Take note, dwelling.)
ceremony
2. Acts are notoriously offensive to the feelings of the
Prohibition, interruption, and dissolution of peaceful faithful
meetings
Article 131: Prohibition, interruption, and dissolution Religious Ceremony religious acts performed outside of a
of peaceful meetings church
Penalty: prision correccional min Maam said: Quasi-religious ceremonies like commemoration
of death are not religious ceremonies.
Elements:
1. Offender is a public officer or employee
2. He performs any of the ff: Acts must be directed against religious practices or
a. Prohibiting or interrupting, without legal ground, dogma or ritual for the purpose of ridicule or
the holding of a peaceful meeting, or by dissolving attempting to damage an object of religious veneration.
the same;
b. Hindering any person from joining any lawful There must be intent to hurt the feelings of the faithful.
association or from attending any of its meetings;
Maam, said: The act must be offensive from the point
c. Prohibiting or hindering any person from
of view of any religion, otherwise, it is unjust vexation.
addressing, either alone or together with others,
any petition to the authorities for the correction of Article 134. Rebellion or insurrection
abuses or redress of grievances Elements:
(1) That there be a public uprising and taking arms
If offender is a private individual, crime is disturbance of
against the government;
public order under Article 153.
(2) That the purpose of the uprising or movement is:
A. To remove from the allegiance to the
Right to peaceful meeting not absolute and may be regulated;
is subject to police power of the State. government or its laws: (1) the Philippine
territory or any part thereof, (2) or any body of land,
Offender must be a stranger, not a member/ participant, in naval, or other armed forces; or
the peaceful meeting. B. To deprive the Chief Executive or Congress,
wholly or partially, of any of their powers or
Note: Reasonable ground that the danger apprehended is prerogatives
imminent and that the evil to be prevented is a serious one.
Rebellion is . . .
A crime of masses, of a multitude
Rebellion is considered as Terrorism (Republic Act Section 29. Use of Loose Firearm in the Commission of a
No. 9372 or Human Security Act of 2007) Crime ... xxx
Prosecution under RA 9372 shall be a bar to another If the violation of this Act is in furtherance of, or incident to,
prosecution under the RPC or any SPL. xxx The or in connection with the crime of rebellion of insurrection, or
acquittal of the accused or the dismissal of the case attempted coup d etat, such violation shall be absorbed as an
shall be a bar to another prosecution for any offense element of the crime of rebellion or insurrection, or
or felony which is necessarily included in the offense attempted coup d etat.
charged under this Act. (Sec 49)
Facts:
Amado Hernandez et al were charged Rebellion with
Multiple Murder, Arsons and Robberies. He is a member of Article 134-A. Coup d'etat
the Communist Party of the Philippines and held the position
Elements:
of President of the Congress of Labor Organizations an active
agency, organ, and instrumentality of the Communist Party of (1) Offender is a person or persons belonging to the
the Philippines (P.K.P.) and had close connections with the military or police or holding any public office or
Secretariat of the Communist Party. Evidence was also employment;
received by the court that Hernandez made various speeches (2) It is committed by means of a swift attack
encouraging the people to join in the Huk movement in the accompanied by violence, intimidation, threat,
provinces, the "Hukbalahaps" (HUKS), being the armed forces
strategy or stealth;
of said Communist Party of the Philippines.
(3) The attack is directed against the duly constituted
The Hukbalahaps have risen publicly and taken
arms commit the crime of rebellion and in furtherance authorities of the Republic of the Philippines, or
thereof, committed acts of murder, pillage, looting, plunder, any military camp or installation, communication
arson, and planned destruction of private and public property networks, public utilities or other facilities needed
to create and spread chaos, disorder, terror, and fear so as to for the exercise and continued possession of
facilitate the accomplishment of the aforesaid purpose. power;
(4) The purpose of the attack is to seize or diminish
Issue:
Can the crime of rebellion be complexed with murder and state power.
other common crimes?
Article 135. Penalty for rebellion, insurrection or coup (1) Two or more persons come to an agreement to
d'etat. swiftly attack or to rise publicly and take arms against the
Government for any of the purposes of rebellion or
Persons liable for rebellion, insurrection or coup d'etat: insurrection;
OFFENSE PENALTY
NOTE:
Conspiracy and proposal to Prision mayor in min. and a
It is not a defense in rebellion that the accused commit coup detat fine less than 8,000
never took the oath of allegiance to, or that they Conspiracy and proposal to Prision correccional in max.
never recognized the Government. [US vs. del commit rebellion and fine below 5,000
Rosario]
Conspiracy and proposal to Prision correccional in med.
and fine below 2,000
PROPOSAL TO COMMIT
INCITING TO REBELLION
REBELLION
Article 137. Disloyalty of public officers or employees.
The offender induces another commit rebellion.
Elements: [Maam: Please memorize this] The person who proposes It is not required that the
has decided to commit offender has decided to
(1) Offender is a public officer or employee; rebellion. commit.
The person uses secret
(2) Offender commits any of the following acts: The act is done publicly.
means.
a. Failing to resist a rebellion by all the means in
their power; PENALTY: Prision Mayor in its minimum period
b. Continuing to discharge the duties of their offices Article 139. Sedition
under the control of the rebels
Elements:
c. Accepting appointment to office under them.
1. Offenders rise publicly
The offender must be a public officer or employee to be
liable under this article 2. Rising is done tumultuously (The disturbance or
interruption that is caused by more than 3 persons
There must be actual rebellion to be resisted or, at least, who are armed or provided by means of violence
the place is under the control of the rebels. ART. 153)
The public officer or employee who performs any of the 3. THAT nos. 1 & 2 are means to attain ANY of the ff:
acts of disloyalty must not be in conspiracy with the officers,
otherwise he will be guilty of rebellion, not merely disloyalty, a. Prevent promulgation or execution of any
because in conspiracy the act of one is the act of all. law, or holding of any popular election
PENALTY: Prision Correccional in its minimum period b. Prevent National Govnt, or any provincial
or municipal gov., or any public officer from
Article 138. Inciting a rebellion or insurrection. free exercise of public functions or
Elements: administrative order
(1) Offender does not take arms or is not in open i. PEOPLE V TAHIL & TARSON
hostility against the government; c. Inflict hate of revenge upon the person or
(2) He incites others to the execution of any of the property of any public officer or employee
acts of rebellion; i. PEOPLE V CABRERA
(3) The inciting is done by means of speeches, d. Commit any act of hate or revenge against
proclamations, writings, emblems, banners or private persons or any social class
other representations tending to the same end.
i. US V LAPUS
Rebellion should not be actually committed by the persons
to whom it is proposed or who are incited. Otherwise, they e. Despoil any person, municipality, province
become principals by inducement in the crime of rebellion, or National Govnt of all its property
provided that the requisites of RPC Art 17 p2 are present.
GENERAL SENSE:
Elements:
Case: PEOPLE V UMALI
1. Offender does not take direct part in the crime of
Held: crime committed was sedition, not rebellion. The
sedition
purpose of the raid was not exactly against the Government.
Raiders did not even attack the Presidencia. The crime was 2. Incites others to its accomplishment
only to inflict an act of hate or revenge upon Punzalan, mayor
3. By means of speeches, proclamations, writings,
of Tiaong.
emblems, cartoons, banners, other representations
NO SEDITION IF: (SPWECBO)
Clear and Present Danger Rule 1. Offender (any person) uses force, intimidation,
threats or fraud
- Reasonable ground
2. Purpose is to prevent any member from
- Serious injury to the State
a. Attending the meetings
- Both clear and imminent
b. Expressing his/her opinions
- Danger is not only probably but also likely inevitable
c. Casting his vote
The Dangerous Tendency Rule
NOTE: not necessary that member is actually prevented;
- Easily produce disaffection against Government and sufficient there is force, intimidation, threats, frauds, &
the laws purpose
CRIMES AGAINST POPULAR REPRESENTATION (Articles MODE 2
143-145)
Elements:
ARTICLE 143
1. Offender is a public officer or employee
ACTS TENDING TO PREVENT THE MEETING OF THE
2. He/she arrests or searches any member of the
NATIONAL ASSEMBLY AND SIMILAR BODIES
National Assembly
Elements:
3. AT THAT TIME Assembly is in regular or special
1. There be a projected or actual meeting session
2. Any person who prevents such meeting by force or 4. That member arrested or searched has NOT
fraud committed a crime with penalty higher than prision
mayor
ARTICLE 144
PARLIAMENTARY IMMUNITY
DISTURBANCE OF PROCEEDINGS
- Guarantees the legislator complete freedom of
Elements: expression without fear of being made responsible in
criminal or civil actions before the courts or any
1. There be a meeting of the National Assembly or any
other forum outside the Congressional Hall, but does
similar body
not protect him from responsibility before legislative
2. Offender disturbs such meeting OR behaves while in body for discipline.
the presence of such bodies in such manner that
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
INTERRUPTS its proceedings or IMPAIRS the respect
due it. ARTICLE 146 - ILLEGAL ASSEMBLIES
NOTE: it must be a meeting of a legislative body, or of Requisites:
provincial board or municipal council or board; unjust
vexation (People v Calera) MODE 1
NOTE 2.0: not among those that may not be prosecuted de 1. There is a meeting, a gathering, or group of persons
oficio. Thus a complaint may be filed by a member of whether in a fixed place or moving
legislative body.
2. Meeting is attended by armed persons
An ILLEGAL ASSEMBLY is a felony. Persons present must have 2. Mere members Arresto mayor
common intent to commit the felony of the illegal assembly.
NOTE: if a person is present out of curiosity, he is not liable. Article 148. Direct Assault
REMEMBER (Maam Bendanillo side comment): in criminal
MODE 1 MODE 2
cases, intent is material.
NOTE 2.0: carrying an unlicensed firearm is indicative of Without public uprising, by Without public uprising, by
unlawful intent employing force or attacking, by employing force
intimidation for the or by seriously intimidating
Article 147. Illegal Associations attainment of any of the or by seriously resisting any
What are illegal associations? purposes enumerated in person in authority or any of
defining the crimes of his agents while engaged in
1. Associations totally or partially organized for the rebellion and sedition the performance of official
purpose of committing any of the crimes punishable duties or on occasion of such
under the code Tantamount to rebellion or
performance.
sedition, except that there is
2. Associations totally or partially organized for some no public uprising
purpose contrary to public morals
Mode 1: Causing any serious disturbance in a public place, Mode 3: Maliciously publishing or causing to be published
office or establishment; any official document or resolution without proper
authority, or before they have been published officially
Mode 2: Interrupting or disturbing performances, functions
or gatherings, peaceful meetings, if the act is not included Mode 4: Printing, publishing or distributing (or causing the
in Arts. 131 and 132; same) books, pamphlets, periodicals, or leaflets which do
not bear the real printers name, or which are classified as
Mode 3: Making any outcry tending to incite rebellion anonymous.
or sedition in any meeting, association or public place;
Note: To be liable, the offender must know that the news is
Mode 4 Displaying placards or emblems which provoke a false.
disturbance of public order in such place;
Actual public disorder or actual damage to the credit of the
Mode 5: Burying with pomp the body of a person who has State is not necessary. The mere possibility of causing such
been legally executed danger or damage is sufficient.
Note: Serious disturbance must be planned or intended ARTICLE 155 - ALARMS AND SCANDALS
Important! - Definition of tumultuous: If caused by Mode 1: Discharging any firearm, rocket,
more than 3 persons who are armed or provided with firecracker, or other explosive within any town or public
the means of violence place, calculated to cause (which produces) alarm or danger;
Public Officer is not a Public officer is a participant Mode 2: Instigating or taking an active part in any charivari
participant in the meeting or other disorderly meeting offensive to another or
prejudicial to public tranquility;
Note: Bribery here is offender offered to warden Not applicable to sentence of destierro since Article 157
refers only to persons who are imprisoned in a penal
CHAPTER VI - EVASION OF SERVICE OF SENTENCE institution and completely deprived of their liberty.
Three kinds: Maam Benda: Art 157 is not a qualifying circumstance (1
degree higher), rather, it is a special aggravating circumstance
1) Evasion by escaping during the term of his sentence. (Art
(max period)
157)
3) Other cases of evasion by violating the conditions of ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON
conditional pardon. (Art 159) THE OCCASION OF DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
ARTICLE 157 - EVASION OF SERVICE OF SENTENCE
Elements:
Elements:
(1) Offender is a convict by final judgment, who is confined
(1) Offender is a convict by final judgment; in a penal institution;
(2) He is serving sentence which consists in the (2) There is disorder, resulting from
deprivation of liberty;
(a) conflagration; (b) earthquake; (c) explosion; (d) similar
(3) He evades service of his sentence by escaping during the catastrophe; or (e) mutiny in which he has not participated;
term of his imprisonment.
(3) He evades the service of his sentence by leaving the penal
Qualifying circumstances as to penalty imposed if such institution where he is confined, on the occasion of such
evasion or escape takes place: disorder or during the mutiny;
(1) By means of unlawful entry (this should be by scaling - (4) He fails to give himself up to the authorities within 48
Reyes); hours following the issuance of a proclamation by the
(2) By breaking doors, windows, gates, walls, roofs or floors; Chief Executive announcing the passing away of such
calamity.
(3) By using picklock, false keys, disguise, deceit, violence or
intimidation; or Leaving the penal establishment is not the basis of criminal
liability. What is punished is the failure to return within 48
(4) Through connivance with other convicts or employees hours after the passing of the calamity, conflagration or
of the penal institution. mutiny had been announced.
(2) He committed a new felony before beginning to serve Before the amendment, the perfection of an appeal
such sentence or while serving the same. disqualifies one for probation.
Note:
Custody and use of the Great Seal shall be and Kinds of coins the counterfeiting of which is punished:
remain in the custody of the President of the
Philippines a. Silver coin of the Philippines or coin of the Central
Bank of the Philippines(now BSP)
What if the signature of the president is forged, what b. Coin of the minor coinage of the Philippines or of the
is the crime committed? Central Bank of the Philippines (now BSP)
c. Coin of the currency of a foreign country
It is not falsification of public document. The crime
committed is covered by this provision falling under par.2( What are minor coins?
signature of president)
The coins below ten-centavo denomination are minor coins.
Intent to use is necessary however actual use is not
required, as long as the forger intended to use it This provision penalizes the making, importing and
uttering of false coins whether of the Philippines or
Article 162 Using Forged Signature or Counterfeit of a foreign country because it is intended to protect
Seal or Stamp not only the coins legally minted in said countries,
but also the public in general
Elements:
(1) The Great Seal of the Republic was counterfeited OR Article 164 Mutilation of coins
the Signature or Stamp of the President was forged
by another person Acts punished:
(2) Offender knew of the counterfeiting or forgery 1. Mutilating coins of the legal currency, with the
(3) He Used the counterfeit seal or forged signature or further requirement that there be intent to damage
stamp or to defraud another
2. Importing or uttering such mutilated coins, with the
further requirement that there must be connivance
REMEMBER!!! The offender should not be the one who
with the mutilator or importer in case of uttering
forged the great seal or signature of the president. What is mutilation?
Otherwise, he will be penalized under Article 161
Mutilation means to take off part of the metal either by
The act is that of an accessory but the penalty is only one filling it or substituting it for another metal of inferior quality.
Article 163 - Making and Importing and Uttering False
degree lower instead of two degrees.
Coins
ARTICLE 166 - Forging treasury or bank notes or other ARTICLE 167 - Counterfeiting, importing, and uttering
documents payable to bearer; importing, and uttering instruments not payable to bearer
such false or forged notes and documents Elements:
Acts punished: 1. There be an instrument PAYABLE to order or other
document of credit NOT PAYABLE to bearer
1. Forging or falsification of treasury or bank notes, etc
a. Payable to bearer may be issued by a
payable to bearer
foreign government or bank
a. FORGING committed by giving to a treasury any
2. Either forged, imported, or uttered such
instrument payable to bearer or to order the
3. In case of uttering, there is connivance with the
appearance of a true and genuine document
forger or importer
b. FALSIFICATION committed by ESCA: erasing,
substituting, counterfeiting, or altering by any
People v Loteyro: falsification of US treasury warrants not
means: FLWS: figures, letters, words or signs
payable to bearer is punished under ART. 172, not 167.
contained therein
People v Esteban, et al: prosecution for uttering forged US
i. WHAT MAY BE FORGED OR FALSIFIED: treasury warrants was made under ART. 166.
1. Treasury or bank notes
2. Certificates
3. Other obligations and securities PAYABLE to bearer
a. OBLIGATION OR SECURITY:
i. Bonds
ii. Certificates of indebtedness
1. Uttering fictitious wireless, telegraph or telephone 2. Public officer who issues a false certificate of merit of
message. service, good conduct or similar circumstances; Note:
The crime here is false certificate of merit or service by
2. Falsifying wireless, telegraph or telephone message. a public officer
3. Using such falsified message. 3. Private person who falsifies a certificate falling within
Mode 1 Elements: Uttering fictitious message or falsifying the classes mentioned in the two preceding
the same. subdivisions.
1. That the offender is an officer or employee of the * A certificate is any writing by which testimony is given that
Government or an officer or employee of a private a fact has or has not taken place.
corporation, engaged in the service of sending or * A certificate of residence for voting purposes is certificate
receiving wireless, cable or telephone message. of Similar circumstances
2. That the offender Utters fictitious wireless, cable,
telegraph or telephone message; or
Exact imitation is not necessary. A colorable imitation is False testimony need not directly influence the decision of
sufficient. acquittal, nor benefit the defendant.
RA 493 punishes the wearing of insignia, badge or emblem of If the statement is a mere opinion, the witness is not liable.
rank of the members of the AFP or Constabulary.
Conviction or acquittal of defendant in the principal case is
RA 75 punishes the use of uniform, decoration or regalia of a
not necessary. It is sufficient that defendant is prosecuted for
foreign state.
a felony punished by afflictive penalty or other.
EO 297 punishes the illegal manufacture, sale, distribution Defendant who falsely testifies on his behalf in a criminal case
and use of PNP uniforms, insignias and other accoutrements. is guilty of false testimony favorable to the defendant.
Penalty: Reclusion temporal if defendant in case is Rectification made spontaneously after realizing the mistake
sentenced to death is not false testimony. There must be malice or criminal
Prision mayor if defendant sentenced to reclusion intent.
temporal or perpetua
Prision correcional and fine not exceeding Php 1k if
defendant sentenced to afflictive penalty Article 182: False Testimony in Civil Cases
Arresto mayor and fine not exceeding Php 1k if
defendant sentenced to correctional penalty or a
fine or acquitted Penalty: Prision correcional in its minimum and a fine not to
Maam said: The basis is the sentence not the penalty exceed Php 6k if amount in controversy greater than Php 5k;
imposed. Meaning to say, after conviction. Arresto mayor in its maximum to prision correcional in its
minimum and a fine not to exceed Php 1k if amount less than
Elements: Php 5k or cannot be determined
1. There is a criminal proceeding;
2. Offender testifies falsely under oath against Elements:
defendant; 1. Testimony given in an ordinary civil case*
3. Offender knows that testimony is false; 2. Testimony relates to the issues presented in said
4. Defendant is either acquitted or convicted in a final case
judgement. 3. Testimony is false
4. Offender knows testimony is false
The witness who gave false testimony is still liable even if 5. Testimony is malicious and given with an intent to
testimony was not considered by the court. affect issues presented.
Mere conspiracy or combination is punished. Penalty: Imprisonment (2-5 years) and a fine (50k-200k)
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. D) Taking into account all known circumstances, it may
3019, as amended; otherwise known as the Anti-Graft and be perceived that the clients transaction is
Corrupt Practices Act; structured in order to avoid being the subject of
reporting requirements under the act.
(4) Plunder under Republic Act No. 7080, as amended;
E) Any circumbstances relating to the transaction which
(5) Robbery and extortion under Articles 294, 295, 296, 299, is observed to deviate from the profile of the client
300, 301 and 302 of the Revised Penal Code, as amended; and or the clients past transactions with the
covered institutions
(6) Jueteng and Masiao punished as illegal gambling under
Presidential Decree No. 1602;
F) The transaction Is in any way related to an unlawful
(7) Piracy on the high seas under the Revised Penal Code, as activity or any money laundering or offense under
amended and Presidential Decree No. 532; the AMLA, as amended, is being or has been
committed
(8) Qualified theft under Article 310 of the Revised Penal
Code, as amended; G) Any transaction that is similar to any foregoing
Possession of equipment, instrument, apparatus and 1. The person/s from which such items were
other paraphernalia fit or intended for any of the confiscated and/or seized
purposes enumerated above shall be prima facie 2. Elected public official
evidence that the possessor has smoked, consumed, 3. Representative of the National Prosecution Service
administered to himself/herself, injected, ingested or the media
or used a dangerous drug
What is the role of PDEA?
Minimum of 6 months rehabilitation in a (Sec.21) The PDEA shall take charge and have
government center for the first offense custody of all dangerous drugs, controlled precursors and
essential chemicals, as well as instruments/paraphenrnalia
and/or laboratory equipment
6 years and 1 day to 12 years and fine ranging from
P50,000 P200,000 if apprehended using any
dangerous drug for the second time
Security officer establishments where gambling Knowingly permitting gambling to be carried on in a place
activities are held - prision correccional in its owned or controlled by the offender.
maximum or fine (500-2k) Elements:
1. That a gambling game was carried on in an inhabited
or uninhabited place or in any building, vessel or
RA 9827 (Illegal Numbers Game) increased penalties for other means of transportation.
illegal numbers game. 2. That the place, building, vessel, or other means of
Illegal numbers game any form of illegal gambling activity transportation is owned or controlled by offender.
which uses numbers or combinations thereof as factors in 3. That the offender permitted the carryon on of suck
giving out jackpots/prizes/returns. game, knowing that it is a gambling game.
Penalties:
1. Bettor 30-90 days
Criminal Law 2 Reviewer SULaw 2019 Page 44
Maintainer or conductor in a gambling game or scheme are b. July 4
likewise punished. c. December 30 - Rizal Day
Maintainer person who sets up and furnishes the means
with which to carry on the gambling game or scheme PD 449: Cockfighting shall be allowed only in licensed
Conductor person who manages or carries on the gambling cockpits on Sundays, fiestas for not more than 3 days, and
game or scheme legal holidays except:
a. Thursday and Firday of Holy Week
Maam said: The collector of illegal numbers game suffers a b. June 12
penalty thats not probationable. A defense for this is that you c. November 30
present that you are authorized (by PCSO). d. December 30 - Rizal Day
e. Election or Referendum Day
Proof that game took place or is about to take place is not f. Registration Days for (e)
necessary. But proof to the contrary is necessary when the
jueteng lists pertain to games played on other dates. The Penalty: prision correccioanl or a fine (600-2k) or both, with
prosecution must prove the they were used on the date of subsidiary imprisonment in case of insolvency; If financier,
the raid or immediately prior to or after said date. owner, manager or operator, gaffer prision correccioanl
maximum and 2k fine with subsidiary imprisonment in case of
PD 483 penalizes betting, game fixing or point-shaving and insolvency
machinations in sport contest
Acts Punished OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
1. Betting money or any object or article of value or Article 200: Grave Scandal
representative of value upon the result of any game, Penalty: arresto mayor and public censure
races and other sports contest
2. Game fixing any arrangement, combination, Elements:
scheme or agreement by which the result of any 1. Offender performs an act or acts;
game, races or sports contests shall be predicted 2. Such act/s be highly scandalous as offending against
and/or knows other than on the basis of the honest decency and good customs*
playing skill or ability of the players or participants 3. The highly scandalous act is not expressly falling
3. Point-shaving such arrangement, combination, within any other article of the RPC;
scheme or agreement by which the skill or ability of 4. The act/s complained be committed in a public place
any player or participant in a game, races and other or within public knowledge or view
sports contest to make points or scores shall be
limited deliberately in order to influence the result in Decency propriety of conduct; proper observance of
favor of/against another team, player, participant. requirements of modesty, good taste, etc.
4. Game machination any other fraudulent, deceitful, Customs established usage, social conventions carried on
unfair or dishonest means, method, manner or by tradition and enforced by social disapproval of any
practice employed for the purpose of influencing the violation thereof.
result
Act/s must be performed in a public place or within public
Penalties: prision correccional medium and a 1k fine with knowledge or view; otherwise, (if it is committed in a private
subsidiary imprisonment in case of insolvency; If official (e.g. place) there is no crime of grave scandal.
promoter, referee) prision correccional maximum and fine
(Php 2k) with subsidiary imprisonment in case of insolvency; Difference between grave scandal and acts of lasciviousness:
if official or employee of govt office concerned with sports There is mutual consent in grave scandal.
regulation etc additional penalty of disqualification from
holding office for life; if alien deported
Article 201: Immoral doctrines, obscene publications
and exhibitions
Racing days
Penalty: prision mayor or fine (Php 6k-12k) or both
1. Private individuals duly licensed by Games and
PD 969: If govt employee/official penalty imposed
Amusement Board may hold races on Sundays, on 24
shall be in its maximum period, in addition to
Saturdays, on legal holiday except:
accessory penalties.
a. Thursday and Firday of Holy Week
Dissolute lax, unrestrained, immoral Any person who buys or engages the services of trafficked
Ruffian brutal violent, lawless persons persons for prostitutions shall be penalized:
Pimp one who provides gratification for the lust of others First offense 6 mos community service and a fine
(Php 50k)
A maintainer of a house of prostitution may be considered a Second and subsequent offenses 1 year
vagrant. imprisonment and fine (Php 100k)
Under par 3, even a millionaire can be a vagrant.
Prescriptive Period: 10 years; if syndicate or in a large scale
For a woman to be considered a prostitute she must (1)
20 years
habitually indulge in sexual intercourse and lascivious
conduct (2) for money or profit.
Art. 212 - A - Qualified bribery Not necessary that Government is actually defrauded.
Elements:
1. the public officer is entrusted with law enforcement Elements of Mode 1:
(whose official duties authorize them to arrest or 1. Offender is a public officer2. has taken advantage of his
prosecute)2. refrains from arresting or prosecuting an office, that is, he intervened in the transaction in his official
offender who has committed a crime* punishable by capacity3. entered into an agreement with any interested
reclusion perpetua and/or death3. in consideration of any party or speculator or madeuse of any other scheme with
promise, gift or present regard to:
a. Furnishing supplies
Note: Qualified bribery absorbs Art. 208 (dereliction of duty). b. The making of contracts or
c. The adjustment or settlement of accounts relating to
Penalty: public property or funds
- reclusion perpetua and/or death which is the penalty of the
offense not prosecuted II. Illegal Exactions:
- death if the public officer demands the gift
Mode 2: Demanding, directly or indirectly, the payment of
Note: if crime is NOT punishable by reclusion perpetua and/or sums different or larger than those authorized by law, in the
death, then it's direct bribery collection of taxes, licenses, fees and other imposts.
Note:
Art. 212. Corruption of public officials - By mere demanding an amount different, whether
Elements: bigger or smaller, than what should be paid, even if the
1. any person debtor refuses, illegal exaction is committed.
2. makes offers or promise or gives gifts or presents to a - Criminal intent must be shown that public officer
public officer demanded the payment of sums of money knowing them to
3. that will make the public officer liable for direct bribery or be excessive.
indirect bribery - If good faith is present, there is no criminal liability.
There is attempted corruption of public officials when the Mode 3: Failing voluntarily to issue a receipt as provided by
public officer refuses to accept gift or promise. law, for any sum of moneycollected by him officially, in the
collection of taxes, licenses, fees and other imposts.
P.D. 749 excempts any person from prosecution or Note:
punishment, who voluntarily gives information about any - What the law requires is a receipt in the form
violation of Articles 210,211,212 and other laws and prescribed by law, which means official receipt.
regulations punishing acts of graft, corruption and other
forms of official abuse; and who willingly testifies against the Mode 4: Collecting or receiving directly or indirectly, by way
offenders. of payment or otherwise, things or objects of a nature
different from that provided by law, in the collection of taxes,
Chapter Three - Frauds and Illegal Exactions and licenses, fees and other imposts.
Transactions
Elements of Illegal Exactions:
Art. 213 - Frauds against the public treasury and similar 1. Offender is a public officer entrusted with the
offenses collection of taxes, licenses, fees and other imposts.
2. He is guilty of any of mode 2,3,4.
Punishable acts: Note: Damage to the government is not required.
Note: Public officers with such functions but are in the service
I. Against public treasury: of the BIR or Bureau of Customs are NOT to be prosecuted
Mode 1: Entering into an agreement with any interested party under the RPC but under the NIRC or the Revised
or speculator or making use of any other scheme, to default Administrative Code.
the Government, in dealing with any person or with regard to
furnishing supplies, the making of contracts, or the Not liable under Art 213 but liable for:
adjustment or settlement of accounts relating to public - Indirect bribery, if the sum received without
property funds. demanding is given as a gift.
- Estafa, when there is deceit in demanding greater
Consummated by merely agreeing into agreement or using fee.
Note: Purchasing of stock or shares in a company is simple Mode 2. Taking or misappropriating the same;
investment and not a violation of the article. Mode 3. Consenting, or through abandonment or negligence,
However ,regularly buying securities for resale is speculation.
permitting any other person to take such public funds or
property; and
Penalty: prision correccional in its minimum period or P200-
1,000 fine or both Mode 4. Being otherwise guilty of the misappropriation or
malversation of such funds or property.
Art. 216 - Possession of prohibited interest by a public
officer Elements common to all modes:
(2) He is an accountable officer for public funds or property; Mode 2. Refusing to make delivery by a public officer who has
been ordered by competent authority to deliver any property
(3) He is required by law or regulation to render account to
in his custody or under his administration. (PROPERTY)
the Commission on Audit, or to a provincial auditor;
Elements:
(4) He fails to do so for a period of two months after such
accounts should be rendered. (1) Public officer has government funds in his possession;
Note: Demand for accounting is not necessary. It is also not (2) He is under obligation to either:
essential that there be misappropriation because if present,
(a) make payment from such funds;
the crime would be malversation.
(b) to deliver any property in his custody or under his
Article 219 - failure of a responsible public officer to
administration
render accounts before leaving the country
(3) He maliciously fails to make the payment or refuses to
Elements:
make delivery.
(1) Offender is a public officer;
(4) He maliciously fails to make the payment.
(2) He is an accountable officer for public funds or property;
Article 222 - officers included in the preceding
(3) He unlawfully leaves or attempts to leave the Philippine
PROVISIONS
Islands without securing a certificate from the Commission on
Audit showing that his accounts have been finally settled. (1) Private individual who, in any capacity, have charge of any
national, provincial or municipal funds, revenue, or property
Note: The purpose of the law is to discourage responsible or
accountable officers from leaving without first liquidating (2) Administrator or depositary of funds or property that has
their accountability. It is not necessary that they really been attached, seized or deposited by public authority, even
misappropriated public funds. if owned by a private individual.
ARTICLE 220 - illegal use of public funds or property Sheriffs and receivers fall under the term administrator. A
(Technical Malversation) judicial administrator in charge of settling the estate of the
deceased is not covered by the article.
Elements:
ARTICLE 223 - conniving with or consenting to evasion (2) The conveyance or custody of a prisoner or person under
arrest is confided to him;
Elements:
(3) The prisoner or person under arrest escapes;
(1) Offender is a public officer;
(4) Offender consents to the escape, or that the escape takes
(2) He had in his custody or charge a prisoner, either
place through his negligence.
detention prisoner or prisoner by final judgment;
Note: If the offender who aided or consented to the
(3) Such prisoner escaped from his custody;
prisoners escaping from confinement, whether the prisoner
(4) He was in connivance with the prisoner in the latters is a convict or a detention prisoner, is not the custodian, the
escape. (shall consent to the escape). crime is delivering prisoners from jail under Article 156.
Note: Art. 225 not applicable if a private person was the one
who made the arrest and he consented to the escape of the
Classes of prisoners involved person he arrested.
(1) Those who have been sentenced by final judgment to any ARTICLE 226 - Removal, concealment, or destruction of
penalty; documents
(2) Detention prisoners who are temporarily held in custody
Elements:
for any crime or violation of law or municipal ordinance.
(1) Offender is a public officer;
This includes allowing prisoners to sleep and eat in the
officers house or utilizes the prisoners services for domestic (2) He abstracts, destroys or conceals a document or papers;
chores.
(3) Said document or papers should have been entrusted to
Note: possibility of escape not necessary; there must be such public officer by reason of his office;
connivance
(4) Damage, whether serious or not, to a third party or to the
ARTICLE 224 - evasion through negligence public interest has been caused.
Elements: Note:
(1) Offender is a public officer; - Can only be committed by the public officer who is made
the custodian of the document in his official capacity.
(2) He is charged with the conveyance or custody of a
prisoner or prisoner by final judgment; - If the officer was placed in possession of the document but
it is not his duty to be the custodian thereof, this crime is not
(3) Such prisoner escapes through negligence. This covers committed.
only positive carelessness and definite laxity which amounts
to deliberate non-performance of duties. The fact that the - The document must be complete and one by which a right
public officer recaptured the prisoner who had escaped from could be established or an obligation could be extinguished. If
his custody does not afford complete exculpation. the writings are mere forms, there is no crime.
The liability of an escaping prisoner: - The document may establish a right or extinguish an
obligation.
(1) If he is a prisoner by final judgment, he is liable for
evasion of service (Art. 157) - Removal is consummated upon taking or secreting away of
the document from its usual place. It is immaterial whether or
(2) If he is a detention prisoner, he does not incur criminal not the illicit purpose of the offender has been accomplished.
liability (unless cooperating with the offender).
(1) Offender is a public officer; (4) He delivers those papers or copies thereof to a third
person;
(2) He is charged with the custody of papers or property;
(5) The delivery is wrongful;
(3) These papers or property are sealed by proper authority;
(6) Damage is caused to public interest.
(4) He breaks the seal or permits them to be broken.
Note:
Note: In "breaking of seal", the word "breaking" should not
be given a literal meaning. Even if actually, the seal was not - Espionage is not contemplated in this article since revelation
broken, because the custodian managed to open the parcel of secrets of the State to a belligerent nation is already
without breaking the seal. defined in Art 117 and CA 616.
The element of damage is not required. - Secrets must affect public interest. Secrets of private
persons are not included.
ARTICLE 228 - Opening of closed documents
- Charge: means custody or control. If he is merely
Elements: entrusted with the papers and not with the custody thereof,
he is not liable under this article.
(1) Offender is a public officer;
On the other hand, if the papers do not contain secrets, their
(2) Any closed papers, documents, or objects are entrusted
removal for an illicit purpose is infidelity in the custody of
to his custody;
documents.
(3) He opens or permits to be opened said closed papers,
documents or objects; ARTICLE 230 - Public officers revealing secrets of
private individuals
(4) He does not have proper authority.
Elements:
The act should not fall under 227. Damage also not
necessary. (1) Offender is a public officer;
ARTICLE 229 - Revelation of secrets by an officer (2) He knows of the secrets of a private individual by reason
of his office;
Mode 1. Revealing any secrets known to the offending public
officer by reason of his official capacity; (3) He reveals such secrets without authority or justifiable
reason.
Elements:
Revelation to one person is sufficient.
(1) Offender is a public officer;
Damage to private individual is not necessary. The reason for
(2) He knows of a secret by reason of his official capacity; this provision is to uphold faith and trust in public service.
(3) Offender maliciously fails to do so. - If the public officer is not the custodian of the prisoner, and
he manhandles the latter, the crime is physical injuries.
Note:
- The offended party can either be a convict by final judgment
- The request must come from one public officer to another. If or a detention prisoner.
he receives consideration therefore, bribery is committed.
- The maltreatment does not really require physical injuries.
- But mere demand will fall under the prohibition under the Any kind of punishment not authorized or although
provision of Republic Act No. 3019 (Anti-Graft and Corrupt authorized if executed in excess of the prescribed degree.
Practices Act).
- If the maltreatment was done in order to extort confession,
- Applies whether or not serious damage to the public interest the penalty is qualified to the next higher degree.
was committed.
Maam said: if the crime is terrorism; the public officer is
ARTICLE 234 - refusal to discharge elective office liable to higher penalty; Sec.5 of RA 9372 applies and not the
RPC anymore
Elements:
(2) The law requires that he should first be sworn in and/or (c) suspends the execution thereof.
should first give a bond;
Arts 239-241 punish interference by public officers of the
(3) He assumes the performance of the duties and powers of executive or judiciary with the functions of another
such office; department of government to keep them within legitimate
confines of their respective jurisdictions.
(4) He has not taken his oath of office and/or given the bond
required by law. Legislative officers are not liable for usurpation of powers.
Article 237 - prolonging performance of duties and Article 240 - usurpation of executive functions
powers
Elements:
Elements:
(1) Offender is a judge;
(1) Offender is holding a public office;
(2) That he:
(2) The period provided by law, regulations or special
(a) assumes a power pertaining to the executive authorities,
provision for holding such office, has already expired;
or
(3) He continues to exercise the duties and powers of such
(b) obstructs the executive authorities in the lawful exercise
office.
of their powers.
The offenders here can be those suspended, separated,
Article 241 - usurpation of judicial functions
declared over-aged, or dismissed.
Elements:
Article 238 - abandonment of office or position
(1) Offender is an officer of the executive branch of the
Elements:
government;
(1) Offender is a public officer;
(2) That he:
(2) He formally resigns from his position;
(1) assumes judicial powers, or
(3) His resignation has not yet been accepted;
(2) obstructs the execution of any order or decision rendered
(4) He abandons his office to the detriment of the public by any judge within his jurisdiction.
service.
Article 242 - disobeying request for disqualification
Note:
Elements:
- For the resignation to be formal, it has to be in written form.
(1) Offender is a public officer;
- The offense is qualified when the purpose of the
(2) A proceeding is pending before such public officer;
abandonment is to evade the discharge of duties of
preventing, prosecuting, punishing any of the crimes falling (3) There is a question brought before the proper authority
within Title One and Chapter One of Title Three of book two regarding his jurisdiction, which is not yet decided;
of the RPC.
(4) He has been lawfully required to refrain from continuing
Article 239 - usurpation of legislative powers the proceeding;
(3) The order or suggestion relates to any case or business (b) under the custody of the offender who is a warden or
coming within the exclusive jurisdiction of the courts of other public officer directly charged with the care and
justice. custody of prisoners or persons under arrest; or
The purpose is to maintain the independence of the judiciary (c) the wife, daughter, sister or relative within the same
from executive dictations. degree by affinity of the person in the custody of the
offender.
Article 244 - unlawful appointments
The crime is consummated by mere proposal.
Elements:
The mother of the person in the custody of the public officer
(1) Offender is a public officer; is not included but the offender may be prosecuted under the
Section 28 of RA 3019 (Anti-Graft and Corrupt Practices Act).If
(2) He nominates or appoints a person to a public office;
the offender were not the custodian, then crime would fall
(3) Such person lacks the legal qualifications therefore; under Republic Act No. 3019 (The Anti-Graft and Corrupt
Practices Act).
(4) Offender knows that his nominee or appointee lacks the
qualification at the time he made the nomination or Solicit: means to propose earnestly and persistently
appointment. something unchaste and immoral to a woman. The advances
must be immoral or indecent.
This can also be covered by RA 3019.
Proof of solicitation is not necessary when there is sexual
Recommending, knowing that the person recommended is intercourse.
not qualified is not a crime.
Abuse against chastity is not absorbed in rape because the
There must be a law providing for the qualifications of a basis of penalizing the acts is different from each other
person to be nominated or appointed to a public office.