Title 1 – Crimes against National security and the law of nations  Par.
 Par. 2 – treason cannot be proved by circumstantial evidence or by the extrajudicial
Chapter 1 – Crimes against national security
Section 1 – Treason and Espionage
Art. 114
Any Filipino citizen who levies war against the Philippines or adheres to her
enemies, giving them aid or comfort within the Philippines or elsewhere, shall be
punished by reclusion perpetua to death and shall pay a fine not to exceed 100,000
pesos.
No person shall be convicted of treason unless on the testimony of two witnesses at
least to the same overt act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippines, who commits acts of treason as
defined in paragraph 1 of this Article shall be punished by reclusion temporal to
death and shall pay a fine not to exceed 100,000 pesos
 Treason – is a breach of allegiance to a government, committed by a person who
owes allegiance to it.
 allegiance – is the obligation of fidelity and obedience which the individuals
owe to the government under which they live or to their sovereign, in return
for the protection they received.
a) permanent allegiance – obligation of fidelity and obedience which a
citizen or subject owes to his government or sovereign
b) temporary allegiance – obligation of fidelity and obedience which a
resident alien owes to our government
o Elements of treason
1. That the offender is a Filipino citizen or an alien residing in the Philippines
 treason by Filipino citizen can be committed outside of the Philippines
2. That there is a war in which the Philippines is involved
 Treason is a war crime, it cannot be committed in time of peace. While
there is peace there is no traitors. Treasonable can be done at the time
of peace, but there shall be no traitors until war has started
 Formal declaration is not necessary. Actual hostilities may determine
the date of the commencement of war
3. That the offender either (modes of committing treason)
a) levies war against the Government
o Requirement
1. that there be an actual assembling of men
2. for the purpose of executing a treasonable design by force
 must be directed against the government
 must be in collaboration with a foreign enemy
b) adheres to the enemies, giving them aid or comfort
o Requirement (must concur together)
1. adherence – (intent to betray) when a citizen intellectually or
emotionally favors the enemy and harbors sympathies or
convictions disloyal to his country’s policy or interest
2. giving aid or comfort to the enemy – acts which tends to
strengthen the enemy in the conduct of war against the
traitor’s country or weakens the power of the traitor’s country
to resist or attack the enemy
a. must be a deed or physical activity, not merely a mental
operation
 must be done after the declaration of war
confession of the accused
o 2 ways
1) Testimony of two witnesses, at least, to the same overt act
 required to proved the overt act of giving aid or comfort. It is not
necessary to prove adherence
o adherence may be proved:
a) by one witness
b) from the nature of the act itself
c) from the circumstances surrounding the act
2) Confession of the accused in open court
o evident premeditation, superior strength and treachery are inherent
 defense of suspended allegiance and change of sovereignty, not accepted
o reason
a) a citizen owes an absolute and permanent allegiance to his Government
b) the sovereignty of the Government is not transferred to the enemy by mere
occupation
c) the subsistence of the sovereignty of the legitimate Government in a
territory occupied by the military forces of the enemy during war is one of
the rules of International Law
d) What is suspended is the exercise of the rights of sovereignty
 Possible defense in treason
a) uncontrollable fear
b) irresistible force
 Aggravating circumstances in treason
o cruelty
o ignominy
 no treason through negligence
 Murder, physical injuries, etc is inherent in the crime of treason
Art. 115
The conspiracy and proposal to commit the crime of treason shall be punished
respectively, by prision mayor and a fine not exceeding 10,000 pesos, and by prision
correccional and a fine not exceeding 5,000 pesos.
 Conspiracy to commit treason – when in time of war, two or more persons come to an
agreement to levy war against the Government or to adhere to the enemies and to
give them aid or comfort, and decide to commit it.
 Proposal to commit treason – when in time of war a person who has decided to levy
war against the Government or to adhere to the enemies and to give them aid or
comfort, proposes its execution to some other person or persons
 The two witness rule does not apply to conspiracy or proposal to commit treason
because this felony is separate and distinct from that of treason
 b) public officer or employee – the penalty next higher in degree
Art. 116 shall be imposed
Every person owing allegiance to (the United States or) the Government of the  consummated by mere entry
Philippine Islands, without being a foreigner, and having knowledge of any b) By disclosing…
conspiracy against them, who conceals or does not disclose and make known the o elements
same, as soon as possible, to the governor or fiscal of the province, or the mayor or 1. that the offender is a public officer
fiscal of the city in which he resides, as the case may be, shall be punished as an 2. that he has in his possession the articles, data, or information
accessory to the crime of treason. referred to in paragraph No. 1 of Article 117, by reason of the
public office he holds
3. that he discloses their contents to a representative of a foreign
 Misprision of treason nation
o elements o persons liable
1. that the offender must be owing allegiance to the Government, and not a a) public officer
foreigner
2. that he has knowledge of any conspiracy (to commit treason) against the Espionage Treason
Government 1) Is a crime not conditioned by the 1. –
3. that he conceals or does not disclose and make known the same as soon citizenship of the offender
as possible to the 2) may be committed both in time of 2. can be committed only in time of war
a) governor or fiscal of the province or peace and in time of war
b) the mayor or fiscal of the city in which he resides 3) many ways 3. limited in two ways of committing the
o Art. 116 does not apply when the crime of treason is already committed by crime
someone
o punishable by two degrees lower than that provided for treason = prision
mayor and a fine not exceeding 50,000 (accessory to treason) Section 2 – Provoking war and disloyalty in case of war
o Offender is a Principal in the crime of misprision of treason
 Art. 20 does not apply – it only applies to accessory
Art. 118
The penalty of reclusion temporal shall be imposed upon any public officer or
Art. 117 employee, and that of prision mayor upon any private individual, who, by unlawful or
The penalty of prision correccional shall be inflicted upon any person who: unauthorized acts, provokes or gives occasion for a war involving or liable to involve
the Philippine Islands or exposes Filipino citizens to reprisals on their persons or
1. Without authority therefor, enters a warship, fort, or naval or military property.
establishment or reservation to obtain any information, plans, photographs, or
other data of a confidential nature relative to the defense of the Philippine
Archipelago; or  Inciting to war or giving motives for reprisals
2. Being in possession, by reason of the public office he holds, of the articles, o elements
data, or information referred to in the preceding paragraph, discloses their 1. that the offender performs unlawful or unauthorized acts
contents to a representative of a foreign nation. 2. that such acts provokes or give occasion for a war involving or liable to
involve the Philippines or expose Filipino citizens to reprisals on their
The penalty next higher in degree shall be imposed if the offender be a public office persons or property
or employee. o intention of the offender is immaterial. The law considers the effects produced by
the acts of the accused
o it is committed in time of peace
 Espionage – is the offense of gathering, transmitting, or losing information respecting
the national defense with intent or reason to believe that the information is to be used
to the injury of the Republic of the Philippines or to the advantage of any foreign Art. 119
nation. The penalty of prision correccional shall be inflicted upon anyone who, on the
 Two ways occasion of a war in which the Government is not involved, violates any regulation
a) By entering… issued by competent authority for the purpose of enforcing neutrality.
o elements
1. that the offender enters any of the places mentioned therein
2. that he has no authority therefor  Violation of neutrality
3. that his purpose is to obtain information, plans, photographs or o elements
other data of a confidential nature relative to the defense of the 1. that there is a war in which the Philippines is not involved
Philippines 2. that there is a regulation issued by competent authority for the purpose of
 not necessary that information, etc. is obtained enforcing neutrality
o persons liable (whether citizen or a foreigner) 3. that the offender violates such regulation
a) private individual
  Neutrality – a nation or power which takes no part in a contest of arms going on
between others is referred to as neutral
Art. 120
Any person, who in time of war, shall have correspondence with an enemy country
or territory occupied by enemy troops shall be punished:
Art. 122
The penalty of reclusion perpetua shall be inflicted upon any person who, on the
high seas or in Philippine waters, shall attack or seize a vessel or, not being a
member of its complement nor a passenger, shall seize the whole or part of the
cargo of said vessel, its equipment, or personal belongings of its complement or
passengers.

1. By prision correccional, if the correspondence has been prohibited by the The same penalty shall be inflicted in case of mutiny on the high seas or in the
Government; Philippine waters.
2. By prision mayor, if the correspondence be carried on in ciphers or
conventional signs; and
3. By reclusion temporal, if notice or information be given thereby which might be  Piracy – it is robbery or forcible depredation on the high seas, without lawful authority
useful to the enemy. If the offender intended to aid the enemy by giving such and done with animo furandi and in the spirit and intention of universal hostility.
notice or information, he shall suffer the penalty of reclusion temporal to death. o elements
1. that the vessel is on the high seas or in the Philippine waters
 high seas – any waters on the sea coast which are without the
 Correspondence with hostile country boundaries of low-water mark, although such waters may be in the
o elements jurisdictional limits of a foreign government
1. that it is in time of war in which the Philippines is involved 2. that the offenders are not members of its complement or passengers of the
2. that the offender makes correspondence with an enemy country or territory vessel
occupied by enemy troops 3. that the offender
3. that the correspondence is either a) attack or seize that vessel or
a) prohibited by the Government b) seize the whole or part of the cargo of said vessel, its equipment or
b) carried on in ciphers or conventional signs personal belongings of its complement of passengers
c) containing notice or information which might be useful to the enemy o Piracy is triable anywhere because it is against all mankind,
 correspondence – is communication by means of letters; or it may refer to the o Any person who aids or protects pirates or abets the commission of piracy shall
letters which pass between those who have friendly or business relations be considered as an accomplice
o prohibition by the Government is not essential in par. 2 and 3 of Article 120
o Qualifying circumstance that must concur together: PIRACY Art. 122 of the RPC Presidential Decree No. 532
1. that the notice or information might be useful to the enemy As to the May be committed by attacking or May be committed by attacking or
2. that the offender intended to aid the enemy manner of seizing a vessel or seizing the seizing a vessel or by taking
 penalty is the same as that for treason commission whole or part of the cargo of said away the whole or part of its
vessel, its equipment or personal cargo, its equipment or personal
belongings of its complement or belongings of its complement or
Art. 121 passengers passengers by means of
The penalty of arresto mayor shall be inflicted upon any person who, owing violence against or intimidation
allegiance to the government attempts to flee or got o an enemy country when of persons or force upon things
prohibited by competent authority. As to the May be committed only by a May be committed by any person
persons stranger to a vessel including a passenger or member
committing the of the complement of the vessel
 Flight to enemy’s country crime Neither a passenger nor a
o elements member of the complement of the
1. that there is a war in which the Philippines is involved; vessel
2. that the offender must be owing allegiance to the Government As to the place May be committed in the May be committed only in
3. that the offender attempts to flee or go to the enemy country of the Philippine waters or on the high Philippine waters
4. that going to enemy country is prohibited by competent authority commission of seas
the crime
As to when It becomes qualified when it is It becomes qualified, among
piracy accompanied, among others, by others, when physical injuries or
becomes murder, homicide, physical injury, other crimes are committed as a
qualified or rape result or on the occasion thereof
or when murder, homicide or rape
is committed by reason or on the
occasion thereof

 mutiny – is the unlawful resistance to a superior officer, or the raising of commotions

and disturbances on board a ship against the authority of its commander.
Piracy Mutiny
Strangers to said vessel Members of the crew or passengers
Intent to gain Intent to ignore the ship’s officers or thay
may be prompted by a desire to commit
plunder

Piracy Robbery
Offender is an outsider Offender is a member of the crew of
passenger

 Piracy and Mutiny, when considered as Terrorism

o Under Republic Act No. 9372, otherwise known as the “Human Secuity Act of
2007,” a person who commits an act punishable as piracy and mutiny under
Article 122 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 years of imprisonment,
without the benefit of parole.

Art. 123
The penalty of reclusion perpetua to death shall be imposed upon those who commit
any of the crimes referred in the preceding article, under the following
circumstances:

1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape.
REPUBLIC ACT No. 6235
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, AND FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person to compel a change in the course or destination of an aircraft of
Philippine registry, or to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the
moment all its external doors are closed following embarkation until any of such doors is opened for
disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in Philippine territory
or to seize or usurp the control thereof while it is within the said territory.
Section 2. Any person violating any provision of the foregoing section shall be punished by an imprisonment of
not less than twelve years but not more than twenty years, or by a fine of not less than twenty thousand pesos
but not more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not less than twenty-five thousand pesos but
not more than fifty thousand pesos shall be imposed upon any person committing such violation under any of
the following circumstances:
1. Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;
2. Whenever he has exploded or attempted to explode any bomb or explosive to destroy the
aircraft; or
3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.
Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger aircraft
operating as a public utility within the Philippines, any explosive, flammable, corrosive or poisonous substance
or material.
Section 4. The shipping, loading or carrying of any substance or material mentioned in the preceding section in
any cargo aircraft operating as a public utility within the Philippines shall be in accordance with regulations
issued by the Civil Aeronautics Administration.
Section 5. As used in this Act
(1) "Explosive" shall mean any substance, either solid or liquid, mixture or single compound, which
by chemical reaction liberates heat and gas at high speed and causes tremendous pressure
resulting in explosion. The term shall include but not limited to dynamites, firecrackers, blasting
caps, black powders, bursters, percussions, cartridges and other explosive materials, except
bullets for firearm.
(2) "Flammable" is any substance or material that is highly combustible and self-igniting by
chemical reaction and shall include but not limited to acrolein, allene, aluminum dyethyl
monochloride, and other aluminum compounds, ammonium chlorate and other ammonium
mixtures and other similar substances or materials.
(3) "Corrosive" is any substance or material, either liquid, solid or gaseous, which through chemical
reaction wears away, impairs or consumes any object. It shall include but not limited to alkaline
battery fluid packed with empty storage battery, allyl chloroformate, allytrichlorosilane, ammonium
dinitro-orthocresolate and other similar materials and substances.
(4) "Poisonous" is any substance or materials, except medicinal drug, either liquid, solid or gaseous, which
through chemical reactions kills, injuries or impairs a living organism or person, and shall include but not limited
to allyl isothiocyanate, ammunition (chemical, non-explosive but containing Class A, B or poison), aniline oil,
arsine, bromobenzyle cyanide, bromoacetone and other similar substances or materials.
Section 6. Any violation of Section three hereof shall be punishable by an imprisonment of at least five years but not more than
ten years or by a fine of not less than ten thousand pesos but not more than twenty thousand pesos: Provided, That if the
violation is committed by a juridical person, the penalty shall be imposed upon the manager, representative, director, agent or
employee who violated, or caused, directed, cooperated or participated in the violation thereof: Provided, further, That in case
the violation is committed in the interest of a foreign corporation legally doing business in the Philippines, the penalty shall be
imposed upon its resident agent, manager, representative or director responsible for such violation and in addition thereto, the
license of said corporation to do business in the Philippines shall be revoked.
Any violation of Section four hereof shall be an offense punishable with the minimum of the penalty provided in the next
preceding paragraph.
Section 7. For any death or injury to persons or damage to property resulting from a violation of Sections three and four
hereof, the person responsible therefor may be held liable in accordance with the applicable provisions of the Revised Penal
Code.
Section 8. Aircraft companies which operate as public utilities or operators of aircraft which are for hire are authorized to
open and investigate suspicious packages and cargoes in the presence of the owner or shipper, or his authorized
representatives if present; in order to help the authorities in the enforcement of the provisions of this Act: Provided, That if the
owner, shipper or his representative refuses to have the same opened and inspected, the airline or air carrier is authorized to
refuse the loading thereof.
Section 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain among others the following
condition printed thereon: "Holder hereof and his hand-carried luggage(s) are subject to search for, and seizure of, prohibited
materials or substances. Holder refusing to be searched shall not be allowed to board the aircraft," which shall constitute a
part of the contract between the passenger and the air carrier.
Section 10. The Civil Aeronautics Administration is hereby directed to promulgate within one month after the approval of this
Act such regulations as are provided in Section four hereof and cause the publication of such rules and regulations in the
Official Gazette and in a newspaper of national circulation for at least once a week for three consecutive weeks. Such
regulations shall take effect fifteen days after publication in the Official Gazette.
Section 11. This Act shall take effect after the publication mentioned in the preceding section.
Approved: June 19, 1971
Title II – Crimes against the fundamental laws of the State
Chapter 1 – Arbitrary detention or expulsion, violation of dwelling, prohibition,
interruption, and dissolution of peaceful meetings and crimes against religious
worship
Section 1 – Arbitrary detention and expulsion
Art. 124
Any public officer or employee who, without legal ground, detains a person, shall
suffer:
1. The penalty of arresto mayor in its maximum period to prision correccional in
its minimum period, if the detention has not exceeded three days;
2. The penalty of prision correccional in its medium and maximum periods, if the
detention has continued more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued more than fifteen
days but not more than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months
The commission of a crime, or violent insanity or any other ailment requiring the
compulsory confinement of the patient in a hospital, shall be considered legal
grounds for the detention of any person.
 Arbitrary detention
o elements
1. that the offender is a public officer or employee
 must be vested with authority to detain or order the detention of
persons accused of a crime (ex. policemen, judges, mayors, barangay
capt, municipal councilor)
 If detention is perpetrated by a private individual or other public
officers, the crime committed may be illegal detention, because they
are acting in their private capacity
 Private individuals who conspired with public officers are guilty of
arbitrary detention
2. that he detains a person
 detention – the actual confinement of a person in an enclosure, or in
any manner detaining and depriving him of his liberty
 even if the persons detained could move freely in and out of their
prison cell and could take their meals outside prison, nevertheless, if
they were under the surveillance of the guards and they could not
escape for fear of being apprehended again, there would still be
arbitrary detention
3. that the detention is without legal grounds
a. when he has not committed any crime or, at least, there is no
reasonable ground for suspicion that he has committed a crime
b. when he is not suffering from violent insanity or any other ailment
requiring compulsory confinement in a hospital
o Arrest without warrant – when lawful
a. when, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense
 “in his presence” – when the officer sees the offense being committed,
although at a distance, or hears the disturbance created thereby and
proceeds at once to the scene thereof, or when the offense is
continuing or has not been consummated at the time the arrest is
made, the offense is said to be committed in his presence
b. when an offense has in fact just been committed, and he has probable
cause to believe based on personal knowledge of facts and circumstances
that the person to be arrested has committed it
 probable cause – such facts and circumstances which could lead a
reasonable discreet and prudent man to believe that an offense has
been committed and that the object sought in connection with the
offense are in the same place sought to be searched
 “the offense has in fact just been committed” – doctrine of hot pursuit
 elements
1. the offense must have “just been committed”, when the
arresting officer arrived in the scene
2. the officer must have “personal knowledge” of facts
indicating that the person to be arrested has committed the
offense
c. when the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another
 escapee is in the continuous act of committing a crime
a. A person may be subjected to a warrantless arrest for the crime of rebellion,
whether or not the president has declared a state of rebellion, so long as the
requisites for a valid warrantless arrest are present.
o arbitrary detention can be committed through imprudence
o the law does not fix any minimum period of detention
Art. 125
The penalties provided in the next preceding article shall be imposed upon the
public officer or employee who shall detain any person for some legal ground and
shall fail to deliver such person to the proper judicial authorities within the period of:
twelve (12) hours, for crimes or offenses punishable by light penalties, or their
equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional
penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses
punishable by afflictive or capital penalties, or their equivalent.
In every case, the person detained shall be informed of the cause of his detention
and shall be allowed, upon his request, to communicate and confer at any time with
his attorney or counsel.
 Delay in the delivery of detained persons to the proper judicial authorities
o elements
1. that the offender is a public officer or employee
 If done by private individual; he is guilty of illegal detention
2. that he has detained a person for some legal ground
3. that he fails to deliver such person to the proper judicial authorities within:
 12 hours, for crimes or offenses punishable by light penalties, or their
equivalent; or
 18 hours, for crimes or offenses punishable by correctional penalties,
or their equivalent; or
 36 hours, for crimes or offenses punishable by afflictive or capital
penalties, or their equivalent
 Delivery to the judicial authorities – the surrender or delivery to the
judicial authority of a person arrested without warrant be a peace
officer, does not consists in a physical delivery, but in making an
accusation or charge filing of an information against the person
arrested with the corresponding court or judge, whereby the latter
 acquires jurisdiction to issue an order of release or of commitment of
the prisoner, because the arresting officer cannot transfer to the judge
and the latter does not assume the physical custody.
 proper judicial authorities – courts of justice or judges of said courts
vested with judicial power to order the temporary detention or
confinement of a person charged with having committed a public
offense, that is, the Supreme Court and such inferior courts as may be
established by law
 cannot include the fiscal of the city/ public prosecutor, because
they cannot issue a warrant of arrest or of commitment for
temporary confinement of a person surrendered to legalize the
detention of the person arrested without warrant
 public prosecutor is not liable for violation of Art. 125 unless he
has ordered the detention – he is not the one who arrested and
illegally detained the person arrested
o Art. 125 applies only when the arrest is made without a warrant of arrest. But the
arrest must be lawful –it presupposes that complaint or information has already
been file in court and the accused is already within the sphere of judicial
protection
o duty of detaining officer is deemed complied with upon the filing of the complaint
because further action rest upon the judicial authority
o where a judge is not available, the arresting officer is duty bound to release a
detained person, if the maximum hours for detention provided has already
expired
o Waiver of the provisions of Article 125
 before the complaint or information is filed, the person arrested may ask for
preliminary investigation, but he must sign a waiver in the presence of his
counsel. Notwithstanding the waiver, he may apply for bail and the
investigation must be terminated within 15 days from its inception.
o circumstances considered in determining liability of officer
1. the means of communication
2. hour of arrest
3. other circumstances (such as the time of surrender etc)
o illegality of detention is not cured by the filing of the information in court, because
a violation had already been committed
o remedy where warrant improperly issued
 if the accused was illegally detained because he was arrested without a
preliminary examination, what should have been done was to set aside the
warrant of arrest and order the discharge of the accused, but without
enjoining the municipal judge from conducting a preliminary examination
and afterwards properly issuing a warrant of arrest.
o rights of the person detained
1. he shall be informed of the cause of his detention
2. he shall be allowed, upon his request, to communicate and confer at
anytime with his attorney or counsel
 any violation shall be punished by arresto mayor
o Reason for the provision
 intended to prevent any abuse resulting from confining a person without
informing him of his offense and without permitting him to go on bail
Art. 124 Art. 125
There is no lawful ground There is lawful ground
The detention is illegal from the beginning The detention is legal in the beginning but
the illegality of the detention starts from the
expiration of any periods of time specified in
Art. 125
 Republic Act No. 9372
o time for delivery of detained persons prescribed in Art. 125 does not apply to
suspected terrorist who are detained under Republic Act. No. 9372
 shall be delivered within a period of 3 days counted from the moment the
said suspected person has been apprehended – imprisonment of 10 years
and 1 day to 12 years imprisonment
o judge must be notified before a suspected terrorist is detained
o if the arrest is made during Saturdays, Sundays, holidays or after office hours,
the arresting plice or law enforcement personnel shall bring the person thus
arrested to the residence of any of the officials (official of human rights
commission, judge or justice)
Art. 126
The penalties provided for in Article 124 shall be imposed upon any public officer or
employee who delays for the period of time specified therein the performance of any
judicial or executive order for the release of a prisoner or detention prisoner, or
unduly delays the service of the notice of such order to said prisoner or the
proceeding upon any petition for the liberation of such person.
 Delaying release
o elements
1. that the offender is a public officer or employee
 wardens and jailers are mostly likely to violate art. 126
2. that there is a judicial or executive order for the release of a prisoner or
detention prisoner, or that there is a proceeding upon a petition for the
liberation of such person
3. that the offender without good reason delays:
a) the performance of such judicial or executive order for the release of
the prisoner
b) the service of the notice to such order to the prisoner
c) the proceedings upon a petition for the release of such person
Art. 127
The penalty of prision correccional shall be imposed upon any public officer or
employee who, not being thereunto authorized by law, shall expel any person from
the Philippine Islands or shall compel such person to change his residence.
 Expulsion
o elements
1. that the offender is a public officer or employee
2. that he
a) expels any person from the Philippines, or
 only an alien may be expelled from the Philippines
b) compels a person to change his residence
3. that the offender is not authorized to do so by law
 “not being thereunto authorized by law”
 only the court by a final judgment can order a person to change
his residence.
 one may be legally compelled to change his residence in:
a) ejectment proceedings
b) expropriation proceedings
c) case of a conviction for the commission of a crime involving
deprivation of liberty
d) grant of probation – with a condition
 e) case of release on parole of a prisoner under the
Indeterminate Sentence Law – with a condition
f) grant of temporary or permanent protection order under R.A.
No. 9262 – with a condition
Section 2 – Violation of domicile
Art. 128
The penalty of prision correccional in its minimum period shall be imposed upon any
public officer or employee who, not being authorized by judicial order, shall enter
any dwelling against the will of the owner thereof, search papers or other effects
found therein without the previous consent of such owner, or, having surreptitiously
entered said dwelling, and being required to leave the premises, shall refuse to do
so.
If the offense be committed in the nighttime, or if any papers or effects not
constituting evidence of a crime be not returned immediately after the search made
by the offender, the penalty shall be prision correccional in its medium and
maximum periods.
 Violation of domicile
 acts punishable
a) by entering any dwelling against the will of the owner thereof
 “Against the will of the owner” – there must be an express or implied
opposition or prohibition by the owner of the dwelling.
 crime is not committed if entrance is only without the consent and
have given consent.
 silence of the owner may show implied waiver.
 the fact that the door was closed is an implied prohibition against
anyone from entering
b) by searching paper or other effects found therein without the previous consent
of such owner
 “Papers or other effects found therein” – must be found in the dwelling of the
owner
 crime is not committed when a public officer search a person outside
his dwelling.
 “search” – an examination of a person’s body, property or other area that
the person would reasonably be expected to consider as private, conducted
by a law enforcement officer for the purpose of finding evidence of a crime.
c) by having surreptitiously entered said dwelling, and being required to leave the
premises, shall refuse to do so
 “having surreptitiously entered said dwelling”
 “the refusal of the offender to leave the premises” constitutes the crime
 mere surreptitious entry does not consummate the offense
 “surreptitious – unauthorized and clandestine; stealthly and fraudulently
done.
o elements
1. that the offender is a public officer or employee
 only public officers or employees whose official duties involve directly or
indirectly the implementation of a search warrant.
 if the offender is a private individual or a public officer who is not involve
directly or indirectly of the implementation of a search warrant, he
committed “trespass to dwelling”
2. that he is not authorized by judicial order to enter the dwelling and/or to
make a search therein for papers or other effects.
 judicial order refers to search warrant
 Circumstances qualifying the offense
1. if the offense is committed at nighttime
2. if any papers or effects not constituting evidence of a crime are not returned
immediately after the search made by the offender.
Art. 129
In addition to the liability attaching to the offender for the commission of any other
offense, the penalty of arresto mayor in its maximum period to prision correccional
in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon
any public officer or employee who shall procure a search warrant without just
cause, or, having legally procured the same, shall exceed his authority or use
unnecessary severity in executing the same.
 Search warrants maliciously obtained, and abuse in the service of those legally
obtained
 acts punishable
a) by procuring a search warrant without just cause
o elements
1. that the offender is a public officer or employee
2. that he procures a search warrant
 search warrant – an order in writing issued in the name of
the People of the Philippines, signed by a judge and directed
to a peace officer, commanding him to search for personal
property described therein and bring it before the court.
 search warrant may be issued
a) subject of the offense
b) stolen or embezzled and other proceeds or fruits
of the offense
c) used or intended to be use as the means of
committing an offense
 requisite
1. it should be issued upon probable cause
 probable cause – such facts and
circumstances which would lead a
reasonably discreet and prudent man to
believe that an offense has been committed
and that the objects sought in connection with
the offense are in the place sought to be
searched.
2. it should be issued in connection with one specific
offense
3. the probable cause should be determined
personally by the judge after examination under
oath or affirmation of the complainant and the
witnesses he may produce
4. it must particularly describe the place to be
searched
5. it must particularly describe the things to be seized
 valid for 10 days from its date
 test to determine sufficiency of an affidavit to warrant
the issuance of a search warrant
a) whether it has been drawn in such a manner that
perjury could be charged thereon in case the
allegations contained therein prove false
  the felony of maliciously obtaining a search warrant
cannot be complexed with perjury or other similar
offense
 warrantless search
a) search of moving vehicles
b) seizure of evidence in plain view – plainly expose to
sight
o elements of plain view doctrine
1. a prior valid intrusion based on the valid
warrantless arrest in which the police are legally
present in the pursuit of their official duties
2. the evidence was inadvertently discovered by
the police who have the right to be where there
are
3. the evidence must be immediately apparent
4. plain view justified mere seizure of evidence
without further search
c) customs searches
d) waiver or consent searches
o requisites
1. it must appear that the right exists
2. the person involved had knowledge, actual or
constructive, of the existence of such right
3. said person had an actual intention to relinquish
the right
e) stop and frisk situations
f) warrantless search incidental to a lawful arrest
g) exigent and emergency situations
h) search of vessels and aircraft
i) inspection of buildings and other premises for the
enforcement of fire, sanitary and building regulations
j) a search made to routine airport security procedure
3. that there is no just cause
b) by exceeding his authority or by using unnecessary severity in the executing
a search warrant
o elements
1. that the offender is a public officer or employee
2. that he has legally procured a search warrant
3. that he exceeds his authority or uses unnecessary severity in
executing the same
Art. 130
The penalty of arresto mayor in its medium and maximum periods shall be imposed
upon a public officer or employee who, in cases where a search is proper, shall
search the domicile, papers, or other belongings of any person, in the absence of the
latter, any member of his family, or in their default, without the presence of two
witnesses residing in the same locality.
 Searching domicile without witnesses
o elements
1. that the offender is a public officer or employee
2. that he is armed with search warrant legally procured
3. that he searches the domicile, papers or other belongings of any person
4. that the owner, or any member of his family, or two witnesses residing in the
same locality are not present
Section 3 – Prohibition, interruption, and dissolution of peaceful meetings
Art. 131
The penalty of prision correccional in its minimum period shall be imposed upon any
public officer or employee who, without legal ground, shall prohibit or interrupt the
holding of a peaceful meeting, or shall dissolve the same.
The same penalty shall be imposed upon any public officer or employee who shall
hinder any person from joining any lawful association or from attending any of its
meetings.
The same penalty shall be imposed upon any public officer or employee who shall
prohibit or hinder any person from addressing, either alone or together with others,
any petition to the authorities for the correction of abuses or redress of grievances.
 Prohibition, interruption, and dissolution of peaceful meetings
o elements
1. that the offender is a public officer or employee
 if the offender is a private individual, he committed the crime
“disturbance of public order” as defined in Art. 153
 the public officer must act without legal ground
 must be a stranger, not a participant in the peaceful meeting (unjust
vexation)
2. that the offender
a) prohibit or interrupt the holding of a peaceful meeting, or by dissolve
the same
o elements
1. the meeting must be peaceful
2. there is no legal ground for prohibiting, or interrupting or
dissolving that meeting
a) hinder any person from joining any lawful association or from attending
any of its meetings
b) prohibit or hinder any person from addressing, either alone or together
with others, any petition to the authorities for the correction of abuses
or redress of grievances
o elements
1. association must be lawful
Section 4 – Crimes against religious worship
Art. 132
The penalty of prision correccional in its minimum period shall be imposed upon any
public officer or employee who shall prevent or disturb the ceremonies or
manifestations of any religion.
If the crime shall have been committed with violence or threats, the penalty shall be
prision correccional in its medium and maximum periods.
 Interruption of religious worship
o elements
1. that the offender is a public officer or employee
2. that religious ceremonies or manifestations of any religion are about to take
place or are going on
 3. that the offender prevents or disturbs the same
 circumstances qualifying the offense
1. violence or threat

Art. 133
The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period shall be imposed upon anyone who, in place devoted to religious
worship or during the celebration of any religious ceremony, shall perform acts
notoriously offensive to the feelings of the faithful.

 Offending the religious feelings

o elements
1. that the acts complained of were performed:
a) in a place devoted to religious worship
b) during the celebration of any religious ceremony
 religious ceremony need not be celebrated in a place of worship
2. that the acts must be notoriously offensive to the feelings of the faithful
 not necessary that there is a religious ceremony going on when the
offender performs some acts notoriously to the feelings of the faithful
 must be deliberate intent to hurt the feelings of the faithful
 offense to feelings is judged from complainant’s point of view
Title III – Crimes against public order conviction act
As to crime against public order crime against national security
Chapter 1 – Rebellion, Coup d’état, Sedition, and Disloyalty classification (like subversion)
 giving aid and comfort is not criminal in rebellion
 those merely acting as spies or couriers are also guilty of rebellion
Art. 134  Rebellion or insurrection considered as terrorism
The crime of rebellion or insurrection is committed by rising publicly and taking
arms against the Government for the purpose of removing from the allegiance to
said Government or its laws, the territory of the Republic of the Philippines or any Art. 134-A
part thereof, or any body of land, naval, or other armed forces, or depriving the Chief The crime of coup d’état is a swift attack accompanied by violence, intimidation,
Executive or the Legislature, wholly or partially, of any of their powers or threat, strategy or stealth, directed against duly constituted authorities of the
prerogatives. Republic of the Philippines, or any military camp or installation, communications
networks, public utilities or other facilities needed for the exercise and continued
possession of power, singly or simultaneously carried out anywhere in the
 Rebellion – the object of the movement is completely to overthrow and supersede the Philippines by any person or persons, belonging to the military or police or holding
existing government any public office or employment, with or without civilian support or participation, for
insurrection – a movement which seeks merely to effect some change of minor the purpose of seizing or diminishing state power.
importance, or to prevent the exercise of governmental authority with respect to
particular matters or subject
o elements  Coup d’état – a political crime because the purpose of the plotters is to seize or
1. that there be diminish State power.
a) public rising, and o elements
b) taking arms against the Government 1. that the offender is a person or persons belonging to the military or police or
 actual clash of arms is not necessary holding any public office or employment
2. that the purpose of the uprising or movement is either 2. that it is committed by means of a swift attack accompanied by violence,
a) to remove from the allegiance to said Government or its laws intimidation, threat, strategy or stealth
1. the territory of the Philippines or any part thereof 3. that the attack is directed against duly constituted authorities of the Republic
2. anybody of land, naval or other armed forces; or of the Philippines, or any military camp or installation, communication
b) to deprive the Chief Executive or Congress, wholly or partially, of any networks, public utilities or other facilities needed for the exercise and
of their powers or prerogatives continued possession of power
 not necessary that the purpose of rebellion be actually accomplished 4. that the purpose of the attack is to seize or diminish state power
 must be politically motivated not personal  may be committed with or without civilian participation
 purpose of uprising must be shown; no evidence to indicate the motive  coup d’état considered as terrorism
does not constitute rebellion
Rebellion Treason
As to the committed by rising publicly and committed merely be levying war Art. 135.
manner of taking arms against the Gov. for against the Philippine Gov. or Any person who promotes, maintains, or heads rebellion or insurrection shall suffer
commission any of the purpose specified in merely by adherence to the the penalty of reclusion perpetua
Art. 134 enemy giving aid or comfort
As to the time committed in time of peace committed in times of war Any person merely participating or executing the commands of others in a rebellion
of commission shall suffer the penalty of reclusion temporal.
As to the may be committed by any person may be committed only be a
person Filipino citizen or an alien residing Any person who leads or in any manner directs or commands others to undertake a
committing in the Philippines coup d'etat shall suffer the penalty of reclusion perpetua.
As to the place may only be committed in the may be committed in the
of commission Philippines Philippine territory or elsewhere Any person in the government service who participates, or executes directions or
As to the the removal from the allegiance to the delivery of the Philippines to a commands of others in undertaking a coup d'etat shall suffer the penalty of prision
purpose said Government or its laws, the foreign power mayor in its maximum period.
territory of the Philippines or any
part thereof, anybody of land, Any person not in the government service who participates, or in any manner
naval or other armed forces; or, to supports, finances, abets or aids in undertaking a coup d'etat shall suffer the penalty
deprive the Chief Executive or of reclusion temporal in its maximum period.
Congress, wholly or partially, of
any of their powers or When the rebellion, insurrection, or coup d'etat shall be under the command of
prerogatives unknown leaders, any person who in fact directed the others, spoke for them, signed
receipts and other documents issued in their name, as performed similar acts, on
As to evidence proof beyond reasonable ground there must be testimony of at least behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or
required for is required two witnesses to the same overt coup d'etat. (As amended by R.A. 6968, approved on October 24, 1990).

Art. 136
The conspiracy and proposal to commit coup d'etat shall be punished by prision
mayor in minimum period and a fine which shall not exceed eight thousand pesos
(P8,000.00).
The conspiracy and proposal to commit rebellion or insurrection shall be punished
respectively, by prision correccional in its maximum period and a fine which shall
not exceed five thousand pesos (P5,000.00) and by prision correccional in its
medium period and a fine not exceeding two thousand pesos (P2,000.00). (As
amended by R.A. 6968, approved October 24, 1990).
Conspiracy and proposal to commit coup d'etat, rebellion or insurrection.
Art. 137.
Disloyalty of public officers or employees. — The penalty of prision correccional in
its minimum period shall be imposed upon public officers or employees who have
failed to resist a rebellion by all the means in their power, or shall continue to
discharge the duties of their offices under the control of the rebels or shall accept
appointment to office under them. (Reinstated by E.O. No. 187).
Art. 138. Inciting a rebellion or insurrection. — The penalty of prision mayor in its
minimum period shall be imposed upon any person who, without taking arms or
being in open hostility against the Government, shall incite others to the execution
of any of the acts specified in article 134 of this Code, by means of speeches,
proclamations, writings, emblems, banners or other representations tending to the
same end. (Reinstated by E.O. No. 187).
Art. 139. Sedition; How committed. — The crime of sedition is committed by persons
who rise publicly and tumultuously in order to attain by force, intimidation, or by
other means outside of legal methods, any of the following objects:
1. To prevent the promulgation or execution of any law or the holding of any popular
election;
2. To prevent the National Government, or any provincial or municipal government or
any public officer thereof from freely exercising its or his functions, or prevent the
execution of any administrative order;
3. To inflict any act of hate or revenge upon the person or property of any public
officer or employee;
4. To commit, for any political or social end, any act of hate or revenge against
private persons or any social class; and
5. To despoil, for any political or social end, any person, municipality or province, or
the National Government (or the Government of the United States), of all its property
or any part thereof.
Art. 140. Penalty for sedition. — The leader of a sedition shall suffer the penalty of
prision mayor in its minimum period and a fine not exceeding 10,000 pesos.
Other persons participating therein shall suffer the penalty of prision correccional in
its maximum period and a fine not exceeding 5,000 pesos. (Reinstated by E.O. No.
187).
Art. 141. Conspiracy to commit sedition. — Persons conspiring to commit the crime
of sedition shall be punished by prision correccional in its medium period and a fine
not exceeding 2,000 pesos. (Reinstated by E.O. No. 187).
Art. 142. Inciting to sedition. — The penalty of prision correccional in its maximum
period and a fine not exceeding 2,000 pesos shall be imposed upon any person who,
without taking any direct part in the crime of sedition, should incite 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 to the same end, or upon any person or persons who shall utter seditious
words or speeches, write, publish, or circulate scurrilous libels against the
Government (of the United States or the Government of the Commonwealth) of the
Philippines, or any of the duly constituted authorities thereof, or which tend to
disturb or obstruct any lawful officer in executing the functions of his office, or
which tend to instigate others to cabal and meet together for unlawful purposes, or
which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir
up the people against the lawful authorities or to disturb the peace of the
community, the safety and order of the Government, or who shall knowingly conceal
such evil practices. (Reinstated by E.O. No. 187).
Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION
Section One. — Crimes against legislative bodies and similar bodies
Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. —
The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or
both, shall be imposed upon any person who, by force or fraud, prevents the
meeting of the National Assembly (Congress of the Philippines) or of any of its
committees or subcommittees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or municipal council or board.
(Reinstated by E.O. No. 187).
Art. 144. Disturbance of proceedings. — The penalty of arresto mayor or a fine from
200 to 1,000 pesos shall be imposed upon any person who disturbs the meetings of
the National Assembly (Congress of the Philippines) or of any of its committees or
subcommittees, constitutional commissions or committees or divisions thereof, or
of any provincial board or city or municipal council or board, or in the presence of
any such bodies should behave in such manner as to interrupt its proceedings or to
impair the respect due it. (Reinstated by E.O. No. 187).
Section Two. — Violation of parliamentary immunity
Art. 145. Violation of parliamentary immunity. — The penalty of prision mayor shall
be imposed upon any person who shall use force, intimidation, threats, or fraud to
prevent any member of the National Assembly (Congress of the Philippines) from
attending the meetings of the Assembly (Congress) or of any of its committees or
subcommittees, constitutional commissions or committees or divisions thereof,
from expressing his opinions or casting his vote; and the penalty of prision
correccional shall be imposed upon any public officer or employee who shall, while
the Assembly (Congress) is in regular or special session, arrest or search any
member thereof, except in case such member has committed a crime punishable
under this Code by a penalty higher than prision mayor.
Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Art. 146. Illegal assemblies. — The penalty of prision correccional in its maximum
period to prision mayor in its medium period shall be imposed upon the organizers
or leaders of any meeting attended by armed persons for the purpose of committing
any of the crimes punishable under this Code, or of any meeting in which the
audience is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or assault upon a person in authority or his agents. Persons
merely present at such meeting shall suffer the penalty of arresto mayor, unless they
are armed, in which case the penalty shall be prision correccional. chan robles
virtual law library
If any person present at the meeting carries an unlicensed firearm, it shall be
presumed that the purpose of said meeting, insofar as he is concerned, is to commit
acts punishable under this Code, and he shall be considered a leader or organizer of
the meeting within the purview of the preceding paragraph.chanrobles virtual law
library
As used in this article, the word "meeting" shall be understood to include a
gathering or group, whether in a fixed place or moving. (Reinstated by E.O. No. 187).
Art. 147. Illegal associations. — The penalty of prision correccional in its minimum
and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon
the founders, directors, and presidents of associations totally or partially organized
for the purpose of committing any of the crimes punishable under this Code or for
some purpose contrary to public morals. Mere members of said associations shall
suffer the penalty of arresto mayor. (Reinstated by E.O. No. 187).
Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE
TO, PERSONS IN AUTHORITY AND THEIR AGENTS
Art. 148. Direct assaults. — Any person or persons who, without a public uprising,
shall employ force or intimidation for the attainment of any of the purpose
enumerated in defining the crimes of rebellion and sedition, or shall attack, employ
force, or seriously intimidate or resist any person in authority or any of his agents,
while engaged in the performance of official duties, or on occasion of such
performance, shall suffer the penalty of prision correccional in its medium and
maximum periods and a fine not exceeding P1,000 pesos, when the assault is
committed with a weapon or when the offender is a public officer or employee, or
when the offender lays hands upon a person in authority. If none of these
circumstances be present, the penalty of prision correccional in its minimum period
and a fine not exceeding P500 pesos shall be imposed.
Art. 149. Indirect assaults. — The penalty of prision correccional in its minimum and
medium periods and a fine not exceeding P500 pesos shall be imposed upon any
person who shall make use of force or intimidation upon any person coming to the
aid of the authorities or their agents on occasion of the commission of any of the
crimes defined in the next preceding article.chanrobles virtual law library
Art. 150. Disobedience to summons issued by the National Assembly, its committees
or subcommittees, by the Constitutional Commissions, its committees,
subcommittees or divisions. — The penalty of arresto mayor or a fine ranging from
two hundred to one thousand pesos, or both such fine and imprisonment shall be
imposed upon any person who, having been duly summoned to attend as a witness
before the National Assembly, (Congress), its special or standing committees and
subcommittees, the Constitutional Commissions and its committees,
subcommittees, or divisions, or before any commission or committee chairman or
member authorized to summon witnesses, refuses, without legal excuse, to obey
such summons, or being present before any such legislative or constitutional body
or official, refuses to be sworn or placed under affirmation or 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. The same penalty
shall be imposed upon any person who shall restrain another from attending as a
witness, or who shall induce disobedience to a summon or refusal to be sworn by
any such body or official.chanrobles virtual law library
Art. 151. Resistance and disobedience to a person in authority or the agents of such
person. — The penalty of arresto mayor and a fine not exceeding 500 pesos shall be
imposed upon any person who not being included in the provisions of the preceding
articles shall resist or seriously disobey any person in authority, or the agents of
such person, while engaged in the performance of official duties.chanrobles virtual
law library
When the disobedience to an agent of a person in authority is not of a serious
nature, the penalty of arresto menor or a fine ranging from 10 to P100 pesos shall be
imposed upon the offender.chanrobles virtual law library
Art. 152. Persons in authority and agents of persons in authority; Who shall be
deemed as such. — In applying the provisions of the preceding and other articles of
this Code, any person directly vested with jurisdiction, whether as an individual or
as a member of some court or governmental corporation, board, or commission,
shall be deemed a person in authority. A barrio captain and a barangay chairman
shall also be deemed a person in authority.chanrobles virtual law library
A person who, by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the
protection and security of life and property, such as a barrio councilman, barrio
policeman and barangay leader and any person who comes to the aid of persons in
authority, shall be deemed an agent of a person in authority.chanrobles virtual law
library
In applying the provisions of Articles 148 and 151 of this Code, teachers, professors
and persons charged with the supervision of public or duly recognized private
schools, colleges and universities, and lawyers in the actual performance of their
professional duties or on the occasion of such performance, shall be deemed
persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas
Pambansa Blg. 873, June 12, 1985).
Chapter Five
PUBLIC DISORDERS
Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or
interruption liable to cause disturbance. — The penalty of arresto mayor in its
medium period to prision correccional in its minimum period and a fine not
exceeding 1,000 pesos shall be imposed upon any person who shall cause any
serious disturbance in a public place, office, or establishment, or shall interrupt or
disturb public performances, functions or gatherings, or peaceful meetings, if the act
is not included in the provisions of Articles 131 and 132.
The penalty next higher in degree shall be imposed upon persons causing any
disturbance or interruption of a tumultuous character.chanrobles virtual law library
The disturbance or interruption shall be deemed to be tumultuous if caused by more
than three persons who are armed or provided with means of violence.chanrobles
virtual law library
The penalty of arresto mayor shall be imposed upon any person who in any meeting,
association, or public place, shall make any outcry tending to incite rebellion or
sedition or in such place shall display placards or emblems which provoke a
disturbance of the public order.chanrobles virtual law library
The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed
upon these persons who in violation of the provisions contained in the last clause of
Article 85, shall bury with pomp the body of a person who has been legally
executed.chanrobles virtual law library
Art. 154. Unlawful use of means of publication and unlawful utterances. — The
penalty of arresto mayor and a fine ranging from P200 to P1,000 pesos shall be
imposed upon:
1. Any person who by means of printing, lithography, or any other means of
publication shall publish or cause to be published as news any false news which
may endanger the public order, or cause damage to the interest or credit of the
State;
2. Any person who by the same means, or by words, utterances or speeches shall pardon be higher than six years, the convict shall then suffer the unexpired portion
encourage disobedience to the law or to the constituted authorities or praise, justify, of his original sentence.chanrobles virtual law library
or extol any act punished by law; Chapter Seven
3. Any person who shall maliciously publish or cause to be published any official COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR
resolution or document without proper authority, or before they have been published ANOTHER PREVIOUS OFFENSE
officially; or
4. Any person who shall print, publish, or distribute or cause to be printed, Art. 160. Commission of another crime during service of penalty imposed for another
published, or distributed books, pamphlets, periodicals, or leaflets which do not bear offense; Penalty. — Besides the provisions of Rule 5 of Article 62, any person who
the real printer's name, or which are classified as anonymous.chanrobles virtual law shall commit a felony after having been convicted by final judgment, before
library beginning to serve such sentence, or while serving the same, shall be punished by
Art. 155. Alarms and scandals. — The penalty of arresto menor or a fine not the maximum period of the penalty prescribed by law for the new felony. chan robles
exceeding P200 pesos shall be imposed upon: virtual law library
1. Any person who within any town or public place, shall discharge any firearm, Any convict of the class referred to in this article, who is not a habitual criminal,
rocket, firecracker, or other explosives calculated to cause alarm or danger; shall be pardoned at the age of seventy years if he shall have already served out his
2. Any person who shall instigate or take an active part in any charivari or other original sentence, or when he shall complete it after reaching the said age, unless by
disorderly meeting offensive to another or prejudicial to public tranquility; reason of his conduct or other circumstances he shall not be worthy of such
3. Any person who, while wandering about at night or while engaged in any other clemency.chanrobles virtual law library
nocturnal amusements, shall disturb the public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or
scandal in public places, provided that the circumstances of the case shall not make
the provisions of Article 153 applicable.chanrobles virtual law library
Art. 156. Delivery of prisoners from jails. — The penalty of arresto mayor in its
maximum period of prision correccional in its minimum period shall be imposed
upon any person who shall remove from any jail or penal establishment any person
confined therein or shall help the escape of such person, by means of violence,
intimidation, or bribery. If other means are used, the penalty of arresto mayor shall
be imposed.
If the escape of the prisoner shall take place outside of said establishments by
taking the guards by surprise, the same penalties shall be imposed in their minimum
period.chanrobles virtual law library
Chapter Six
EVASION OF SERVICE OF SENTENCE

Art. 157. Evasion of service of sentence. — The penalty of prision correccional in its
medium and maximum periods shall be imposed upon any convict who shall evade
service of his sentence by escaping during the term of his imprisonment by reason
of final judgment. However, if such evasion or escape shall have taken place by
means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors,
or by using picklocks, false keys, deceit, violence or intimidation, or through
connivance with other convicts or employees of the penal institution, the penalty
shall be prision correccional in its maximum period.
Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations,
earthquakes, or other calamities. — A convict who shall evade the service of his
sentence, by leaving the penal institution where he shall have been confined, on the
occasion of disorder resulting from a conflagration, earthquake, explosion, or similar
catastrophe, or during a mutiny in which he has not participated, shall suffer an
increase of one-fifth of the time still remaining to be served under the original
sentence, which in no case shall exceed six months, if he shall fail to give himself up
to the authorities within forty-eight hours following the issuance of a proclamation
by the Chief Executive announcing the passing away of such calamity.chanrobles
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Convicts who, under the circumstances mentioned in the preceding paragraph, shall
give themselves up to the authorities within the above mentioned period of 48 hours,
shall be entitled to the deduction provided in Article 98.chanrobles virtual law library
Art. 159. Other cases of evasion of service of sentence. — The penalty of prision
correccional in its minimum period shall be imposed upon the convict who, having
been granted conditional pardon by the Chief Executive, shall violate any of the
conditions of such pardon. However, if the penalty remitted by the granting of such