TITLE II
CRIMES COMMITTED BY PUBLIC OFFICERS Q: One day you saw Juan stab Pedro. You failed to arrest him. After a month,
ART. 124
ARBITRARY DETENTION
Q: What are the classes of arbitrary detention?
1. Detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release
Q: Manner of commission (elements)
1. The offender is a public officer or employee
2. He detains a person
3. The detention is without legal grounds
Q: May this be committed by ANY public officer?
No – only those vested with authority to detain a person
Q: And who are those public officers?
Those who have a duty to make an arrest; or those who may recommend an
arrest or detention; or those who may order an arrest or detention
Q: May a private individual be liable for arbitrary detention?
Yes
Q: How?
By proving him to be an accomplice, accessory or a principal (by
inducement/indispensable cooperation)
Q: May a private person be held liable as a principal by direct participation?
Yes
Q: How?
By proving a conspiracy between the private individual and the public officer
Q: May this be committed by an officer who arrested and detained a person by
virtue of a warrant issued by court?
No. The moment there is a warrant, no arbitrary detention can be committed. A
warrant grants the authority to arrest a person.
Q: What are the instances when a warrantless arrest may be considered lawful?
1. When the offender has committed, is actually committing, or is attempting to
commit an offense in the presence of the arresting officer
2. When the arresting officer has personal knowledge of the facts and
circumstances of the commission of the crime
3. When the person arrested is a prisoner who has escaped
Q: Give an example of the first instance
Q: May a crime be committed in the presence of an officer who is blind? Deaf?
Both?
Yes; Yes; and Yes.
Q: Explain.
Said officer still has other senses with which to determine the commission of a
crime.
Q: Under arbitrary detention, is it necessary that the arrest is without legal
ground?
Yes
Q: And if the arrest is with legal ground?
There is no crime of arbitrary detention
Q: Give examples of ‘legal grounds’
1. Commission of a crime
2. Ailments requiring compulsory confinement
3. Violent insanity
*NB: violent insanity. Not plain insanity. The law specifies the degree
of insanity required.
Q: Under the 1st manner, suppose you were walking home and you saw A,B,C
entering the house of your neighbor, carrying out their plan to rob the latter. May
you as a private individual arrest them?
Yes. The crime is being committed in my presence.
Q: Supposing one night, while on your way home, you saw Pedro tinkering with
the padlock of your gate. May you arrest him?
Yes. He is attempting to commit an offense.
Q: Are you sure that he is? Suppose he told you he was merely curious.
May you still arrest him?
Yes. I can link the overt act of tinkering with the gate to the commission of
robbery or trespass to dwelling. It’s also illogical for him to be tinkering with a
padlock at that time of the night. The circumstances tend to prove robbery.
Q: Under the first instance of a warrantless arrest (i.e: the offender has
committed a crime). Give an example
Q: Supposing on your way to San Beda, you saw a commotion. A was stabbed by
B. They were 5 meters away from you. B starts to run. You stopped him and
proceeded to arrest him. Were your actions lawful?
Yes. A crime was just committed in my presence.
you saw Juan walking near your house. May you arrest him?
Yes. The crime was committed in my presence
Q: Even if the crime was committed a month ago?
Yes, the lapse of time is immaterial
Q: What is the second instance of a warrantless arrest?
When an offense has in fact just been committed and the officer has probable
cause to believe that the person was the one who committed it, and the officer has
personal knowledge of the facts indicating that the person to be arrested has
committed it.
Q: There was a commotion in front of UE. While on your way there, you saw
people running towards your direction. You asked them what happened. They told
you that a person was stabbed in front of the university. You reached UE and saw
the victim. He pointed to a running figure and told you that the said figure was
the stabber. You ran after the suspect but lost him in the crowd. When you
reached Morayta you saw a man wearing a bloody shirt. May you arrest him?
Yes. There is probable cause to believe that he was the one who committed the
offense. I talked to the victim and obtained personal knowledge of the facts of the
crime. I can link the bloody shirt to the facts. This gives me probable cause to
believe that the man was indeed the stabber.
Q: Supposing you did not get to talk to the victim, you simply heard the shouts
about the fleeing stabber. You saw a man with a knife somewhere along Morayta.
He was cleaning his knife. May you arrest him?
No. I do not have personal knowledge of the facts of the crime. I may not
unilaterally assume that he committed the stabbing simply because I saw him
cleaning a knife.
Q: Supposing the victim told you the man that stabbed him is tall, white, with a
prominent chin and dressed in a white shirt. When you reached Morayta, you saw
a man fitting the description. May you arrest him?
No. The facts are too general. They are not what the law contemplates by
‘personal knowledge of facts’ – they aren’t enough to sustain a lawful
warrantless arrest. They do not constitute probable cause.
*NB: going by the above description, anybody can be the stabber. ‘Tall, white,
with a prominent chin and wearing a white shirt’ – perhaps half the male
population of metro manila can fit the description
Q: Ms. Palay is a victim of rape. Together with her parents, she proceeded to the
NBI to report the incident. Due to the influence of the media, the case became
well‐known. A task force was organized, this task force was independent of the
NBI. The task force learned that the rapist was in Bacolod. They went there, and
found him. May the lawfully arrest him without a warrant?
No. There is no personal knowledge, merely hearsay knowledge.
Q: Under the same facts, you were in Bacolod airport and saw a man wearing a
jacket with the name ‘Mabelle Palay’ embroidered on it. May you arrest him?
No. I have no personal knowledge of the facts.
*NB: the jacket alone is not a sufficient basis for probable cause.
Q: 10 cars were carnapped from the Toyota showroom. The incident was
reported to your office. The following morning, Manila PD received a call from a
secret informant that the carnappers were on their way to Binondo and will have
dinner at one of the restaurants there. 5 officers were dispatched to the scene and
at 8pm, the carnappers arrived. May the officers effect an arrest?
No. They merely have hearsay knowledge.
Q: Define ‘probable cause’
Q: Is probable cause the same as suspicion?
No
Q: Can a person be arrested based on suspicion?
No
Q: Why not?
Because suspicion is not the same as probable cause.
Q: X stabbed someone and was chased by people as he fled. He was holding a
knife and wearing a shirt stained with blood. From the opposite direction, a
police officer saw the commotion. He arrested X. Is the arrest a lawful one?
Yes
Q: Your house was robbed. You saw the robbers as they fled. You were able to
give a description of them to the police. After 3 days, the officers saw a person
who fitted the descriptions you gave. Is the warrantless arrest lawful?
No. The officers had enough time to secure a warrant.
Q: Can arbitrary detention be committed through imprudence?
Yes
Q: What are the periods of detention which the law penalizes?
‐Not exceeding 3 days
‐More than 3 days but less than 15 days
‐More than 15 days but less than 6 months
‐More than 6 months
Q: In the case of an escaped prisoner, why is a warrantless arrest not unlawful?
Because the escapee is already in the act of committing a continuous crime:
evasion of the service of sentence
Q: What are the legal grounds for detaining a person?
‐commission of a crime
‐violent insanity
‐ailments requiring compulsory confinement (nb: not just any ailment)
Q: Y was killed by an unknown assailant. The officers got a tip that X was the
offender. They arrested him. X voluntarily admitted that he did it although he was
not asked by the officers to do so. He was detained. Was there arbitrary
detention?
None. Once X made the confession, the officers had a right to arrest him.
NOTES:
*There is detention when a person is placed in confinement or there is restraint
on his liberty
*The person detained need not be ‘restrained’ literally. He may even be able to
walk around. The essence of detention is that the person is not allowed to leave of
his own volition and his liberty is curtailed.
*Although the primary persons liable for this crime are public
officers/employees, private individuals who conspire with public officers may
also be liable
ART. 125
DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
Q: What are the elements?
1. The offender is a public officer/employee
2. He has detained a person for some legal ground
3. He fails to deliver such person to the proper judicial authorities within –
a. 12 hrs, for crimes/offenses punishable by light penalties or their equivalent
b. 18 hrs, for crimes/offenses punishable by correctional penalties/their
equivalent
c. 36hrs, for crimes/offenses punishable by capital punishment or afflictive
penalties, or their equivalent
Q: What is meant by ‘delay in delivery’ here?
The delay in delivery refers to the filing of the proper complaint/information or
charge against the person detained before a court.
*NB: the filing of the information may be waived if a preliminary investigation is
asked for
Q: So you’re saying that the delivery here does not pertain to actual physical
delivery?
Yes. What is meant by delivery is the filing of the complaint/information/charge
Q: Why does the law punish the delay in filing?
To protect the accused
Q: How is that?
The filing of the proper complaint puts the accused under the ambit of judicial
protection. The courts will take it from there. If certain actions (i.e.: conveyance
to prison or facilities like an asylum) is necessary, the courts may order them.
Without the complaint, and the protection of the law, the accused is open to all
sorts of abuse.
Q: If the detention was illegal to begin with (i.e.: done in excess of the period for
filing the complaint/information allowed by law), does a subsequent filing cure
the illegality?
No
Q: May the officers ask the accused to sign a waiver concerning the detention?
Yes, but the waiver must be executed by the accused under oath and with the
assistance of counsel, in order to avoid a violation of the accused’s constitutional
rights.
Q: What is the length of the waiver of arbitrary detention?
‐5 days for light offenses
‐7 to 10 days for serious and less serious offenses
*NB: Beyond this, arbitrary detention is committed.
Q: If the offender is not a public officer, or is a public officer acting in a private
capacity, wha t is the crime committed?
Illegal detention
Q: distinguish arbitrary detention from illegal detention
Q: May a public officer who arrested an offender by virtue of a warrant of arrest
be held liable for arbitrary detention?
No. The presence of a warrant takes the act out of the contemplation of Art. 125
Q: Who may issue a warrant of arrest?
A competent court
Q: What do you mean by ‘competent’?
The court is vested with jurisdiction over the offense committed
Q: When does the delay become illegal?
Upon the expiration of the specified periods
Q: What are the periods?
*NB: Art.125 applies only when the arrest is made without a valid warrant of
arrest AND the subsequent warrantless arrest is a lawful one.
Q: Supposing the accused was delivered to the fiscal/prosecutor, does art.125
still apply?
Yes. The fiscal is not part of the judiciary.
Q: Is a turnover to the PNP sufficient compliance with the law? The
Ombudsman? The Public Prosecutor? The Provincial Governnor?
No to all the above‐mentioned officials, they are not part of the judiciary
Q: Suppose you arrested a robber by virtue of a warrant of arrest. Due to bad
weather conditions, you failed to deliver him to the proper authorities. May you
be held liable?
No, there is a warrant of arrest, I can detain him for as long as the circumstances
warrant
Q: Suppose you killed a neighbour in the course of your town fiesta. There was a
police officer present and he arrested you because he saw the killing happen.
Within how many hours must he deliver you to the proper authorities?
36 hours, the crime I committed is punishable by an afflictive penalty
(homicide/murder)
Q: And if you were delivered within 48 hours, what crime did the officer commit?
Violation of Art. 125
Q: Supposing the police officer could not deliver you within 36 hours, what
should he do?
Release me.
Q: Assuming that the detention was illegal to begin with, does this affect the
validity of your arrest?
Not necessarily. The arrest may have been valid at its inception, notwithstanding
that the subsequent detention was illegal.
Q: As a police officer, you validly arrested a murderer. Instead of delivering him
to the proper judicial authorities, you proposed a different deal: he would serve
as your manservant for a year. He agreed. What crime may you be charged with?
Art.125
Q: Why isn’t a public officer liable if he failed to deliver the accused to the
judicial authorities beyond the specified periods in Art. 125 when the arrest was
effected by virtue of a valid warrant?
Because the accused is already within the sphere of judicial protection. The
issuance of a warrant presupposes that a criminal information sheet was already
filed before a competent court.
Q: Illustrate the ‘judicial protection’ contemplated by this article
The accused, when placed under judicial protection may safely exercise his rights
(i.e.: the right to bail/ preliminary investigation/ speedy, impartial and public
trial ++ ) and can be monitored by the court. He is no longer vulnerable to abuse
in the hands of the arresting officers.
Q: A police officer delivered a murderer to the public prosecutor on the 37th
hour following the incident. The prosecutor filed an information 3 days later. Is
the police officer liable under this provision?
Yes
Q: Is the prosecutor liable?
No
Q: When an officer releases a person because he could not deliver that person to
the proper judicial authorities within the timeframe provided for in this provision,
may he be held criminally liable?
No, but he may be held administratively liable
ART. 126
DELAYING RELEASE
Q: Who are the public officers most likely to violate this provision?
Wardens and jailers; bailiffs, sheriffs, and clerks of court as far as service of
notice is concerned
Q: When is there a release in delay? (elements)
1. The offender is a public officer/employee
2. a. there is a judicial or executive order for the release of a prisoner
b. there is a proceeding upon a petition for the liberation of such person
3. The offender without good reason delays
a. the service of notice of such order to the prisoner
b. the performance of such judicial/executive order for the release of
the prisoner
c. the proceedings upon a petition for the liberation of such person
Q: Upon whom is the notice served?
The jailer or warden
Q: Give an example of a proceeding for the liberation of a person contemplated
by this provision Proceedings for Habeas Corpus Q: (Trolling moment :P ) So a comfort room is a dwelling?
*NB: It helps to know the definition of Habeas Corpus ;) No

ART. 127 Q: You said ‘place of rest and comfort’.

EXPULSION The place must satisfy the domestic life of a person
Q: What are the elements?
1. Offender = public officer/employee Q: Must the dwelling be a concrete house?
2. He expels a person from the Philippines or compels a person to change his No
residence
3. The offender is not authorized by law to do so Q: Suppose the house was made of cardboard. May the officer still be held
liable?
Q: Who may be validly expelled from the PH? Yes
Aliens ONLY (a citizen may not be expelled)

Q: Who may order the expulsion?

The President, as recommended by the Commission on Immigration and
Deportation
Q: Suppose there is a convict who has already served the minimum of his
sentence and was allowed parole. The condition of his parole fixes his residence
in a different place, against his own will. Is the condition valid?
Yes, the law on probation allows the court to fix conditions for a person’s parole.
The compulsion is authorized by law.
Q: What are the requisites of a valid search warrant?
1. It must be issued upon probable cause
2. It must be issued for a single offense
3. The probable cause must be determined personally by the issuing judge
4. It must contain a particular description of the place, persons or things to be
seized

Q: The Mayor of Manila ordered the arrest of prostitutes in order to clean up the Q: Suppose one of the requisites is missing, what is the legal effect on the
city and to stop prostitution. He had them brought to Mindanao. Is he liable? warrant?
Yes The warrant becomes null and void
*NB: Actual case: Villavicencio v. Lukban
Q: May an alien be deported by the Commission on Immigration and Deportation Q: How does the issuing judge determine probable cause?
without violating this provision? Through the use of searching questions
Yes, if the alien is an undesirable alien
Q: May he delegate this task to somebody else?
Q: Suppose X, a Filipino citizen, was refused re‐entry into the PH after he had No, he must perform it personally
voluntarily left the country a year before. May the act of refusal be considered as
forcing him to change his residence? Q: Suppose the search warrant was not obtained lawfully, what is its effect on the
Yes personal property seized?
The things seized are inadmissible as evidence against the accused
Q: Is a threat to national security a valid reason for expelling a citizen? *NB: Recall the Doctrine of the Fruit of the Poisonous Tree (you can thank
No Justice Holmes for the cheesy label btw)

Q: Why can’t a Filipino citizen be expelled? Q: The NBI conducted a surveillance operation for 2 weeks, after which the
Because it is his legal and natural right – conferred upon birth – to live and die agents were convinced that there is indeed a shabu lab inside a certain
in the Philippines compound. They applied for a search warrant for a violation of the
Comprehensive Dangerous Drugs Act (CDDA) and for Illegal Possession of
Q: Give instances when a person may be lawfully compelled to change his Firearms. Is the warrant
address issued by the court a valid one?
‐By virtue of a judicial order/final judgment No, it was issued for 2 offenses. The agents should have applied for 2 separate
‐Expropriation proceedings warrants.
‐Ejectment proceedings
‐Destierro Q: A warrant was issued for a violation of the CDDA. When the agents entered
‐As a condition for parole/probation/pardon the compound, they saw a warehouse whose door was open, through which they
‐By virtue of a barangay protection order, in relation to the Anti ‐Violence against could see high‐powered firearms. They seized the firearms. May those same
Women and Children Law (RA 9262) firearms be used as evidence against the owners of the compound?
Yes. Although the warrant specified a search for illicit drugs only, the seizure of
SECTION TWO – VIOLATION OF DOMICILE the firearms may be justified under the Plain View Doctrine
*NB: The Plain View Doctrine allows officers to seize incriminating evidence so
ART.128 long as the items seized were within their plain view. What is meant by ‘plain
VIOLATION OF DOMICILE view’ however is that the items must be (1)open to eye and hand and that (2)the
*NB: Pay special attention to this provision. It almost always comes up in the incriminating nature of the items is obvious or apparent to the officers seizing
Midterm Exam them. It does NOT allow the officers to SEARCH for the items if the same items
Q: How is this committed? are not included in the warrant and are not within plain view.
1. By entering any dwelling against the will of the owner thereof; or
2. By searching papers or other effects found therein without the previous consent Q: Suppose the warrant issued was for the seizure of equipment etc for the
of the owner; or production of shabu, and stated the location of the shabu lab as being ‘inside a
3. By refusing to leave the premises after having surreptitiously entered the said compound, within a white house with a blue gate’. Is the warrant valid?
dwelling and after having been required the leave the same No. There is no particularity of description. Any compound or house could fit the
description.
Q: Who may be held liable for this crime?
Public officers/employees who are vested with authority to conduct a search Q: A warrant was issued for Illegal Possession of Firearms. It ordered the peace
officers to seize highpowered firearms in the condominium unit of the accused
Q: Under the first manner, must entry be done against the owner’s will? located on the 5th floor of a building. The agents saw that there were several
Yes other units on that floor, so they knocked on the door of the 1st unit there and
inquired about the one they were searching for. The tenant pointed to the one on
Q: Suppose there is a judicial order for the entry, May the officer be liable? the far end. The agents raided that unit and seized the firearms. May the firearms
No be used as evidence?
No. There was an intervention of a third person in conducting the search and
Q: What do you mean by ‘judicial order’? seizure. The warrant did not fulfill the requirements for validity. It did not state
A search warrant with particularity the place to be searched.

Q: Define a search warrant Q: A warrant was issued against 4 accused for violation of the internal revenue
It is an order in writing issued in the name of the People of the Philippines, law. It ordered the seizure of ‘all documents contained inside 2 cabinets in the
signed by the Judge and directed to a peace officer, commanding him to search office of the accused’, the agents implemented the warrant and seized each piece
for personal property described therein and to bring it before the court of paper found within the cabinets. The prosecutor sifted through the papers and
(Sec.1, Rule 126, Revised Rules of Criminal Procedure) chose the relevant ones and then presented them as evidence. May the papers be
admitted as evidence against the accused, in view of their relevance to the offense
Q: When is this issued? charged?
Upon probable cause No. They were illegally obtained. The warrant was in the nature of a general
warrant, it did not contain a particularity of description of things to be seized.
Q: Define ‘probable cause’
Q: NBI agents applied for a search warrant in order to search a house said to be
Q: What do you mean by ‘dwelling’? a shabu lab. It was almost 5pm when they arrived at the sala of the judge. The
A place of rest and comfort judge was in a hurry and instructed the clerk of court to receive whatever
evidence the agents were to present in support of their application for the
warrant, to draft the warrant, and to bring the same to the judge. Everything was
done by the clerk, who left a blank space for the signature of the judge. The clerk
brought the order to the judge who signed it. The NBI agents implemented the
warrant. Is the warrant valid?
No, probable cause was not determined by the judge
Q: Suppose the judge was not in his sala. You were one of the NBI agents. You
were pressed for time so you asked the judge’s wife – who was present –to sign
the warrant. The wife happened to be an Associate Justice of the Supreme Court.
Is the search warrant valid?
No, the duty to determine probable cause is a personal one. The only person who
could have issued it was the judge, not his wife.
Q: But his wife was is a Supreme Court Justice
Her position is immaterial. Only her husband could have issued the warrant,
even if he did happen to occupy a lower position.
Q: In the course of a search for violation of the CDDA, NBI agents inadvertently
came across unlicensed firearms. May the seize the guns and use them as
evidence?
No
Q: A SW was issued directing officers to seize firearms in a unit on the 3rd floor
of ABC Condominium. When the NBI agents got there, they found many units.
They searched every room until they found the one containing the firearms. Was
the search and subsequent seizure valid?
No, the fact that they had to search roomtoroom presupposes that the warrant did
not contain a sufficiently particular description of the place to be searched
Q: Suppose the accused owned the entire 3rd floor. Was the room‐to‐room search
valid?
Yes
Q: A SW was issued. The place described was a ‘2‐storey blue house within XYZ
compound’. When the officers arrived there, they found 3 two‐storey houses. They
entered each of the houses and served the warrant. Were their actions lawful?
No
Q: Suppose then that when the officers arrived at XYZ compound, they found no
2‐storey blue house. One officer asked the guard on duty and the guard told them
the house they were looking for was on the other street. They followed the
guard’s instructions and found the house. They served the warrant.
Was the service of warrant lawful?
No
Q: Suppose the warrant described the place to be searched as a ‘rainbow painted
house – blue door, pink roof, yellow windows’. When the officers arrived, they
served the warrant. Was the service valid?
Yes (‘hard to miss a house painted so garishly’ –Atty A.)
*NB: Why the outlandish hypotheticals, you ask. Simple enough: He’s drilling it
into you: the NBI agent/ officers implementing the warrant should NOT need nor
ask any help in identifying the place to be searched because once they do;the
warrant does not contain a sufficient description of the locale to be searched.
Q: May vessels (i.e.: boats) be searched without a warrant? Aircraft?
Yes to both. The nature of these vessels/aircraft makes them easy to move.
Q: Suppose the person who committed the punishable acts under this provision is
a private individual, what crime did he commit?
Trespass to dwelling
Q: When may we say that there has been entry against the will of the owner?
When the entry is effected against an express or implied prohibition
Q: A police officer who is your neighbour noticed that the front door to your
house was slightly ajar. HE entered to investigate what was going on because it
aroused his suspicion. Is this a violation?
No
Q: There was a sign on the door ‘DO NOT ENTER AT ALL TIMES’ but the door
was slightly open. Would entry be a violation?
Yes, the sign constitutes an express prohibition
Q: Give an example of an implied prohibition
A locked door
Q: Suppose the door was locked, and the police officer picked the lock in orde r
to enter and investigate. Is he liable?
Yes
Q: A sign says ‘NO TRESPASSING’ and the officer entered. Is he liable?
Yes
Q: Suppose the sign says ‘ENTER AT YOUR OWN RISK’. Would entry make the
officer liable?
No
Q: What if it said ‘BEWARE OF DOGS’?
No. (‘The sign is merely a warning.. that there are.. dogs.’ :D –Jaika Dublado,
1k)
Q: An officer saw your younger brother enter your house with an unlicensed
firearm. The door was halfopen but a sign said ‘Strangers Keep Out’. The officer
entered. Is he liable?
Yes – express prohibition
Q: Suppose there was no sign
The officer is not liable
Q: Suppose the officer entered and sat on the sofa. The door was closed but not
locked. Is he liable?
Yes, closed door = implied prohibition
Q: Under the second manner of commission (searching papers and effects
without the owner’s previous consent), is it necessary that the entry be done
without the consent of the owner?
No. What is punished here is an unconsented search, not entry.
*NB: It’s easy enough to imagine the scenario contemplated by the law. For
instance, the officer entered without the owner’s consent, but when the owner saw
the officer, he did not complain. The officer then proceeded to conduct a search.
Notice that the owner subsequently allowed the entry, but did not give permission
for a search.THATsearch is what the second manner punishes, not the earlier
entry. The essence of the crime is searching without consent, regardless of
whether or not the entry was done with or without permission.
Q: What if the owner consented to a search of the living room and the officer
continued searching into the hallways and the bedrooms, is he liable under the
second manner?
Yes. The permission was only for the living room.
Q: A police officer entered your house with your consent. While waiting in the
sala, he saw an unlicensed firearm atop the TV. He seized the same. Were his
actions valid?
Yes, under the plain view doctrine
Q: Suppose you allowed a police officer to enter the living room. You left to make
him some coffee. When you returned, he was searching the room. You asked him
what he was doing and he said ‘trying to look for shabu’. You said ‘there’s no
shabu here, if you want, you can search the other rooms of the house’. Was the
search in the living room valid?
No, there was no previous consent
Q: So he is liable for the search in the living room, but not in the other rooms?
Yes
Q: Suppose that while waiting for you, he opened several cabinets and drawers in
your house, and was able to seize an unlicensed gun and shabu. Was the search
valid?
No, the items were not in plain view and are consequently inadmissible as
evidence
Q: Under the 3rd manner of commission (entering surreptitiously, refusing the
leave the premises after having been required to do so), what consummates the
crime?
Refusal to leave the premises
Q: What do you mean by ‘surreptitiously entering’?
Entering secretly, or without the knowledge of the owner
Q: Is the liability here for entry?
No, it is for the refusal to leave after effecting entry
Q: Give an example
Q: If the entry was made through the main door which was closed but was not
locked, and the owner required the officer to leave, which the officer did, is the he
still liable?
Yes, under the 1st manner of commission
ART.129
MALICIOUSLY OBTAINED SEARCH WARRANT AND ABUSE IN THE
SERVICE OF A LEGALLY OBTAINED WARRANT
Q: How is this committed?
1. Procuring a search warrant without just cause; or
2. Exceeding authority by using unnecessary severity in executing a search
warrant legally obtained
Q: Who may commit this?
Public officers/employees vested with authority to procure or execute a search
warrant
Q: When may it be said that there is no ‘just cause’?
By applying the Test of Lack of Cause, when perjury can be imputed on the
person who executed or applied for the warrant
Q: What do you mean by ‘perjury’?
Executing a false affidavit or making a false statement under oath (‘simply stated,
it is malicious if the it based on false facts –Atty A.)
Q: Is perjury a necessary crime in committing the offense of maliciously
obtaining a warrant?
Yes
Q: Does that make it a complex crime under Art.48?
No, they remain separate crimes
Q: What is your legal basis for saying that?
By direct provision of law, Art.129 makes it a separate crime (‘In addition to…
xxx’)
Q: Give examples of other crimes which, by direct provision of law, may not be
complexed under Art.48?
‐Direct Bribery (Art. 210)
‐Maltreatment of Prisoners (Art. 235)
‐Usurpation of Real Rights (Art. 312)
Q: What are the 2 kinds of complex crimes under Art. 48?
1. An offense is a necessary means for committing another offense;
2. A single act results in two or more grave or less grave offenses
Q: Suppose NBI agents, through a false affidavit, procured a search warrant.
During the search, they destroyed several furniture, committed acts of
lasciviousness against the daughter of the owner and kicked the son. What crimes
were committed?
1. Maliciously obtaining a search warrant
2. Perjury
3. Physical Injuries
4. Malicious Mischief (resulting in destruction of property)
5. Acts of lasciviousness
*all separate crimes
Q: Suppose you had a persistent suitor whom you don’t like and so rejected. He
turned out to be an NBI officer. To get back at you, he caused an application for
a search warrant against your brother for keeping firearms in your house, which
is not true. The warrant was issued. What crimes may he be liable for?
1. Maliciously obtained search warrant and
2. Perjury
*separate crimes
Q: Suppose he came to you and told you that unless you answer him, he will
implement the warrant. In order to save your brother, you answered him. Is he
still liable for procuring a warrant without just cause?
Yes, the crime is already consummated. The warrant need not be implemented for
liability to attach.
Q: Suppose that when he applied for a search warrant, he had no legal cause, but
when the warrant was served, an unlicensed firearm was found beneath the
pillow of your brother. May the officer still b e liable for procuring a search
warrant without just cause?
No, not anymore
Q: NBI agents, after conducting a surveillance operation, applied for a warrant.
The application contained 2 offenses: violation of the CDDA and Illegal
possession of firearms. The judge issued the search warrant. The agents raided
the shabu lab and were able to seize several shabu paraphernalia and 50
unlicensed firearms. The same were deposited in the custody of the NBI.
The items were sought to be used as evidence in court. Are they admissible?
No, the warrant was not lawfully obtained, the application contained 2 offenses.
‘No warrant shall issue except for a single offense’ (Rule126, Rev. Rules of
Court)
Q: Even if the evidence is vital to the case and would prove the accused’s guilt
beyond reasonable doubt?
Yes, even if
*NB: The rule on the validity of a search warrant is strictly construed against the
State. This is because a warrant is the state’s most potent weapon for intruding
into the privacy of a person. When a warrant is illegally obtained, all evidence
seized by virtue of that warrant are tainted (fruits of the poisonous tree) and may
not be used as evidence against the accused, regardless of their relevance or
materiality to the case
.
Q: A warrant was issued by the RTC for the search of a house suspected to be a
shabu lab. The things to be seized were particularly described and thereafter, the
NBI agents conducted the search. They saw an unlicensed firearm which was not
mentioned in the search warrant. They seized the same. A corresponding case for
illegal possession of firearm was filed. Is the evidence admissible?
Yes. The seizure of the unlicensed firearm was done because a crime was then
being committed in the presence of the NBI agents and the object of the crime
was the unlicensed firearm.
Q: You’re saying that a continuing crime was being committed? What crime?
Yes – illegal possession of firearm
Q: A search warrant was issued for shabu and other paraphernalia. After digging
around in the back of the house, the agents found unlicensed firearms. Are the
same admissible?
No, the firearms were not seized by virtue of a lawful search, they were also not
within the ambit of the plain view doctrine
Q: What are the instances when a warrantless search is allowed?
‐Consented Searches
‐Searches incidental to lawful arrests
‐Plain view
‐Stop‐and‐Frisk
‐Searches of moving vehicles or vessels
‐Searches pursuant to building, sanitary or safety (i.e.: fire) regulations
‐Searches pursuant to violations of customs laws
Q: Under the second manner (abuse in the service of a warrant), suppose that in
the implementation of a SW lawfully obtained, an officer with his rifle hit an
occupant who did not even resist the search to begin with. The occupant died.
What crime/s were committed?
1. Art.129(2) – abuse in the service of a warrant; and
2. Homicide
*separate crimes
Q: Suppose one of the agents destroyed your things during the implementation of
a search warrant lawfully obtained. What crime/s were committed?
1. Abuse in the service of a warrant; and
2. Malicious mischief
*separate crimes
Q: Does the law require that for abuse to be committed, the search warrant must
first be lawfully obtained?
Yes
Q: On its face, may the warrant be presumed valid?
Yes, the warrant enjoys the presumption of validity since it was issued by the
court
Q: What constitutional right is sought to be safeguarded by this provision?
The right against unreasonable searches and seizures
*NB: NOT the right to privacy, do NOT say ‘right to privacy’ and ruin your recit
streak
PEOPLE v. SINOC
275 SCRA 357 Narvasa, C. J.
Facts:
Isidoro Viacrusis was motoring on a company Pajero, driven by Tarsisio
Guijapon. As they approached the public cemetery of Claver, several armed men
stopped them. Claiming to be New People’s Army members, the men boarded the
vehicle and ordered Guijapon to proceed.
Once in Barobo, Surigao del Norte, the armed men ordered Viacrusis and
Guijapon to alight, led them with their hands bound behind their backs to a
coconut grove, and shot them. Viacrusis survived. Witness Marlyn Legaspi saw
the victims, and the Pajero, which left the scene. The police, acting on a tip‐off by
a secret informant, went to the Bliss Housing Project where they found Danilo
Sinoc approaching the stolen Pajero, and found on his person the keys to the
vehicle. Sinoc was arrested. 4 months after the arrest, Sinoc was brought to the
Public
Attorney’s Office where police asked Atty. Alfredo Jalad for permission to take
Sinoc’s statement in writing. Sinoc confessed to the occurrences leading up to his
arrest after he was informed of his rights by Atty. Jalad. The former was then
brought to the City Prosecutor that he might take oath on his statement. After
having ascertained the voluntariness of the affidavit, the Prosecutor affixed his
signature. During trial, Sinoc proferred an alibi and alleged further that he was
not informed of his constitutional rights during custodial interrogation and that
he
was made to sign the affidavit of confession under duress.
Issue:
Was there a valid warrantless arrest?
Held:
YES. An arrest without a warrant may be liawfully effected by a peace officer
when an offense has just been committed and he has personal knowledge of the
facts indicating that the person to be arrested has committed it. There is no
question that the police were aware that an offense had just been committed, that
an informant saw the Pajero and that Sinoc had the key to the vehicle. Sinoc’s
link to the stolen vehicle was palpable and the officers had no alternative save to
arrest him. It was their clear duty to do so, the omission of which would have
been inexcusable.
PEOPLE v. SALVATIERRA
276 SCRA 55 Kapunan, J.
Facts:
Charlie Fernandez was walking towards the direction of Quiapo, along M. de la
Fuente Street when he was met by 4 persons, one of whom was David Salvatierra.
Salvatierra lunged at Fernandez with a bladed instrument, hitting him in the
chest. Charlie Fernandez died of his wound. The incident was witnessed by
Milagros Martinez, who at the time, was afraid and told no one save for her
daughter. Meanwhile, Marciano Fernandez, Charlie’s father, reported the death
of his son to the Western Police District (WPD) where an advance information
was prepared, indicating that 4 unidentified persons perpetrated the crime. 3
months after the
stabbing, David Salvatierra was apprehended for causing a commotion along
Miguelin Street, Sampaloc, Manila. The arresting officers found out that he was a
suspect in the killing of Charlie Fernandez and turned him over to the WPD.
Salvatierra was charged with murder and he pleaded not guilty. The prosecution
presented Milagros Martinez, who had been persuaded to testify by Marciano very warrant and determines the degree of perversion – and hence, culpability –
Fernandez, and the trial court found Salvatierra guilty as charged. of the accusedfollowing the formula: did one offense result in two or more grave
On appeal, Salvatierra assigns as error the trial court’s failure to find that the or less grave offenses? Was
warrantless arrest for the offense of malicious mischief – which led to his one a necessary means to commit the other? Beyond that, complexing cannot be
detention for the alleged murder of Charlie Fernandez – was unconstitutional. assumed. Besides,
what is the basis of the arresting officers to apply for a warrant in connection
Issue: with a complex or special
Were the irregularities in the warrantless arrestof David Salvatierra for the complex crime? And what basis would the issuing Judge have to find probable
crime of murder deemed waived by his failure to raise them before entering his cause for a complex or
plea? special complex crime? ‘If I were counsel for the defence, I would move for the
nullification of your
Held: warrant. The best remedy is to apply for TWO separate warrants’ –Atty. A
YES. Accused‐appellant Salvatierra is estopped from questioning his arrest
considering that he never raised it before entering his plea. Any objection
involving a warrant of arrest or in the procedure in the acquisition of jurisdiction ART.130
over the person of an accused must be made before he enters his plea. Otherwise, SEARCHING DOMICILE WITHOUT A WITNESS
the objection is deemed waived. Consequently, any irregularity attendant to his
arrest, if any, had been cured by his voluntary submission to the jurisdiction of Q: How is this committed?
the trial court when he entered his plea and participated during trial. 1. The offender = public officer/employee
2. He is armed with a search warrant legally obtained
PEOPLE v. FLORES 3. He searches the domicile, papers or other belongings of any person
358 SCRA 319 Ynares‐Santiago, J. 4. The owner or any member of his family, or 2 witnesses residing in the same
locality are not present
Facts:
Samson Sayam was last seen drinking beer in the company of Sgt. Winnie Q: What is the order of the people who must witness the search?
Tampioc, and Citizens Armed Force Geographical Unit (CAFGU) members 1. Homeowner
Aaron Flores, Sulpecio Silpao and Edgar Villeran. They left the store where they 2. Members of the family who are of sufficient age and discretion
were drinking and walked towards the direction of the military detachment 3. Responsible members of the community (2)
headquarters, after which, witnesses heard gunshots. Despite diligent
efforts by Sayam’s mother and relatives to locate him, he has not been found. The Q: Who may commit this?
prosecution contends that Sayam was kidnapped and illegally detained pursuant Public officers/employees authorized to conduct a search
to a conspiracy among the accused. The trial court rendered a decision
acquitting Sgt. Tampioc on the grounds of reasonable doubt, and convicting Q: Can you give an example
Flores, Villeran and Silpao of the crime of kidnapping and serious illegal
detention. Q: Are 2 housemaids considered ‘witnesses’, in the event that the owner and
blood relatives are not present?
ISSUES: Yes
1. Did the trial court err in ruling that the accused‐appellants committed
kidnapping and serious illegal detention? Q: 2 Barangay tanods?
2. Are the accused guilty of arbitrary detention under Art.124? Yes

HELD: Q: 2 members of the police team?

1. YES. The crime of kidnapping and serious illegal detention has the following
elements:
(a) the offender is a private individual;
(b) he kidnaps or detains another, or in any other manner deprives the latter of
his liberty;
(c) the act of detention or kidnapping must be illegal; and
(d) in the commission of the offense, the following circumstances are present:
(i) the kidnapping or detention lasts for more than 3 days;
(ii) it is committed simulating public authority;
(iii) any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
(iv) the person kidnapped is a minor, female, or public officer.
No
Q: Suppose the owner was not present, but his 2 daughters aged 12 and 8
respectively were there. May the search be made?
No
Q: Why not?
The members of the family must be of sufficient age or discretion
Q: What about 2 neighbors whom you were not in good terms with?
They may be witnesses. The law does not require that the owner be on good terms
with them.

Accused-appellants, being members of the local Citizen Armed Force SECTION THREE –
Geographical Unit (CAFGU), are not private individuals but public officers. PROHIBITION, INTERRUPTION AND DISSOLUTION OF
As such, they can only be held liable for the crime of arbitrary detention. PEACEFUL MEETINGS

2. NO. Detention is defined as the actual confinement of a person in an enclosure ART.131

or in any manner depriving him of his liberty. The records show no evidence
sufficient to prove that Samson Sayam was detained arbitrarily by accused‐
appellants. While the prosecution witness testified that they were seen walking
with Sayam toward the direction of the detachment headquarters, there is no
evidence that he was actually confined there or anywhere else.
The fact that Sayam has not been seen or heard from since he was last seen with
the accused‐appellants does not prove that he was detained and deprived of his
liberty. The fact of detention, whether illegal or arbitrary, was not clearly
established by credible evidence. Likewise, there was no proof that there was
actual intent on the part of the accused‐appellants to deprive Sayam of his
liberty.
That Sayam is missing up to this date cannot be a basis for the trial court to
render conviction. Mere suspicion is insufficient to convict the accused ‐
appellants.
NOTES
*On warrants. A question was once asked in Constitutional Law II (under the
coverage of ‘Search and Seizure’) whether or not a warrant could in fact contain
more than one offense. The class suffered a shotgun round, and was made to say
‘yes’ despite deep instincts to the contrary. It was said that a warrant could in
fact contain more than one offense IF it was issued for
(1) complex crimes; or
(2) special complex crimes.
We asked Atty. A for clarification and he spent 30 whole minutes drilling it into
us: a warrant CANNOT – EVER – contain more than A SINGLE offense.
*Notwithstanding the presence of art.48, RPC on complex crimes, a warrant may
still NOT contain two
or more offenses. The complexing is done by the PROSECUTOR, NOT the
arresting officers; and it’s done
AFTER a warrant has been served because the Prosecutor looks at the evidence
obtained through that
PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL
MEETINGS
Q: How is this committed?
1. By prohibiting or interrupting without legal ground, the holding of a peaceful
meeting; or by dissolving the same
2. By hindering any person from joining any lawful association or from attending
any of its meetings
3. By prohibiting or hindering any person from addressing, either alone or
together with others, any petition to the authorities for the correction of abuses or
redress of grievances
Q: Under the 1st mode of commission (prohibiting or interruption the holding of
an assembly without legal ground/dissolving the same), what constitutional right
is safeguarded?
The right to peaceful assembly
Q: Is this right absolute?
No
Q: May it be regulated? How?
Yes, it may be regulated. The regulation may be done in exercise of police power.
Q: If the offender is a private individual, what crime does he commit?
Disturbance of Public Order (Art. 153)
Q: If the meeting is no longer peaceful, may it be dissolved?
Yes
Q: If the meeting that was interrupted or dissolved is a session of the city council,
and the dissolution is done by a public officer, is Art. 131 applicable?
No, the crime in this case is a crime against a legislative body, not punishable
under this article

Q: If the officer stops a meeting because of a city ordinance, is he liable?
No
Q: suppose he does so in a private residence?
He is liable
Q: May a police officer stop a peaceful meeting taking place in a freedom park?
No. By law (BP 880), meetings in freedom parks need not be conducted pursuant
to a permit. The officer has no lawful cause to interrupt the peaceful meeting
Q: What is a freedom park?
An area established by law as such, where one can peaceably assemble at any
time without having to procure a permit from the government for that purpose
Q: Suppose you and your classmates are failing Criminal Law 2. You assembled
in front of San Beda without a permit, demanding the removal of Atty. Amurao.
Are you liable?
Yes
Q: Under what law?
Batas Pambansa 880 – The Public Assembly Act of 1985
Q: In what manner are you liable?
For conducting an assembly without a permit and in an area not designated as a
freedom park
Q: What if you conducted your rally in Liwasang, Bonifacio?
We are not liable – The area is a designated freedom park
Q: If you conducted it in front of the San Beda gate, may you be arrested without
a warrant?
Yes
Q: You decided to start the rally from España to Mendiola. It was a spontaneous
decision. May you be intercepted anywhere between those areas and arrested?
Yes
Q: What is the reason for requiring a permit?
The state seeks to ensure the maintenance of public order and safety and does so
in exercise of its sovereign police power
Q: You conducted a rally at a freedom park. In the course of the rally, you
uttered libellous speeches. May the rally be dispersed?
Yes, it has ceased to be peaceful
Q: But it was done in a freedom park
What is controlling as far as the dispersal goes is the nature of the rally. Even if
it was done in a freedom park, it had ceased to be peaceful. A freedom park may
be used subject to the qualification that the assembly must be a peaceful one
Q: So the right to a peaceful assembly in a freedom park is also not absolute?
Yes, it is not absolute. The right to use a freedom park is also regulated
Q: Under the 2nd mode of commission (hindering a person from joining any
lawful association/attending any of its meetings), what constitutional right is
safeguarded?
The right to association
Q: What are the 2 punishable acts under this manner of commission?
1. Hindering someone from joining a lawful association
2. Preventing him from attending any of its meetings
Q: Give an example of the 1st act
Q: Your distant relative, a police officer, prevented you from joining an
unrecognized fraternity within San Beda College of Law. Is he liable?
Yes, the fraternity is not necessarily an unlawful association, notwithstanding the
fact that San Beda Law does not recognize it
Q: Same facts, except that the organization you wanted to join was the Abu
Sayyaf. Is your relative liabel?
No
Q: And if you wanted to join the National Democratic Front ‐New People’s Army
(NDF‐NPA)?
He is not liable
Q: Give an example of the 2nd manner of commission
Q: Give an example of the 3rd manner of commission
Q: Under the 3rd manner, what constitutional right is safeguarded?
The right to petition the government for redress of grievances
BATAS PAMBANSA BLG. 880
THE PUBLIC ASSEMBLY ACT OF 1985
Outline of Definitions
Public Assembly:
Public Place:
Includes any highway, boulevard, avenue, road, street, bridge, or
other thoroughfare, park, plaza, square and/or any open space of
public ownership where the people are allowed access
Freedom Parks:
Parks duly established by every City or Municipality where
demonstrations and meetings may be held at any time without the need
of any prior permit
Maximum Tolerance:
The highest degree of restraint that the military, police and other
peacekeeping authorities shall observe during a public assembly or in
the dispersal of the same
When Permits are required:
organization and holding of a public assembly in a public place
No permits required for the use of freedom parks duly established by law
When the assembly is to be held on private property, the consent of the owner is
needed
Salient Provisions
Sec.5 – Application Requirements: The application shall be in writing, shall
include the names of the leaders/organizers; the purpose of the assembly; date,
time, duration thereof; the place/streets to be used; and the probable number of
persons participating; and the transport and public addresssystem to be used.
The application shall be filed with the office of the Mayor of the city of
municipality in whose jurisdiction the intended activity is to be held, at least 5
working days before the scheduled activity.
Sec.6 – Action to be taken on the Application: The Mayor/any official acting in
his behalf has the duty to issue or grant a permit unless there is clear and
convincing evidence that the public assembly will create a clear and present
danger to public order, public safety, public convenience, public morals and
public health. The Mayor/official acting in his behalf shall act on the application
within 2 working days from the date the application was filed, failing which, the
permit shall be deemed
granted. Should for any reason, the Mayor/official refuse to accept the
application for a permit, said application shall be posted by the applicant on the
premises of the office of the Mayor and it shall be deemed to have been filed. If
the mayor is of the view that there is imminent and grave danger of a substantive
evil warranting the denial/modification of the permit, he shall immediately inform
the applicant who must be heard on the matter. Action on the permit shall be in
writing and served on
the applicant within 24hrs. If the mayor/acting official denies the
application/modifies the terms thereof, the applicant may contest the decision in
an appropriate court of law.
Sec.9 – Non‐interference of law enforcement authorities: Law enforcement
authorities shall not interfere with the holding of a public assembly. To
adequately ensure public safety, a contingent under the command of a
responsible police officer may be detailed and stationed at least 100 meters away
from the area of activity to maintain peace and order at all times.
Sec.10 – Police Assistance when requested: Members of the law enforcement
contingent who deal with the demonstrators shall be in complete uniform with
their nameplates and units to which they belong displayed prominently; and they
shall observe the policy of Maximum Tolerance. They shall not carry any kind of
firearms, but may be equipped with baton, riot sticks, and shields, crash
helmets with visor, gas masks, boots or ankle high shoes with shin guards. Tear
gas, smoke grenades, water cannons or any similar anti‐riot device shall not be
used unless the public assembly is attended by actual violence or serious threats
of violence or deliberate destruction of property.
Sec.11 – Dispersal of Public Assembly with Permit: No public assembly with a
permit shall be dispersed. However, when an assembly becomes violent, the
police may disperse it as follows: At the first sign of impending violence, the
ranking officer of the law enforcement contingent shall call the attention of the
leaders of the public assembly and ask the latter to prevent any possible
disturbance. If actual violence starts to a point where rocks or other harmful
objects from the participants are thrown at the police or at the non‐participants
or at any property, causing damage, the ranking officer shall audibly warn the
participants that if the disturbance persists, the assembly will be dispersed. If the
violence/disturbance does not stop or abate, the ranking officer shall audibly
issue a warning to the participants and after allowing a reasonable period of time
to lapse, shall immediate order it to forthwith disperse. No arrest of any leader,
organizer or participant shall also be made during the public assembly unless he
violates during that assembly a law, statute, ordinance, or any provision of this
Act. Such arrest shall be governed by Art.125 of the RPC as amended. Isolated
acts/incidents of disorders or breach of the peace during the assembly shall not
constitute a ground for dispersal.
Sec.13 – Prohibited Acts:The following shall constitute violations of this Act:
a. The holding of any public assembly as defined in this act by any
leader/organizer without having first secured that written permit where a permit
is required, or the use of such permit for such purposes in any place other than
those set out in said permit: provided however that no person can be punished or
held criminally liable for participating in/attending an otherwise peaceful
assembly
b. Arbitrary and unjustified denial/modification of a permit in violation of the
provisions of this Act by the Mayor or any other official acting in his behalf
c. Unjustified/arbitrary refusal to accept or acknowledge receipt of the
application for a permit
d. Obstructing, impeding, disrupting, or otherwise denying the exercise of the
right to peaceful assembly
e. Unnecessary firing of firearms by a member of any law enforcement agency or Interruption of Crime against Public Officers If committed by
any person to disperse the assembly Religious the a
f. Acts in violation of Sec.10 hereof Worship fundamental law member of the
g. Acts described hereunder, if committed within 100 meters from the area of (ART.132) of the meeting
activity of the public assembly or on occasion thereof: state = Unjust
1. Carrying of a deadly or offensive weapon/device such as firearm, Vexation
pillbox, bomb and the like
2. Carrying of a bladed weapon and the like If the meeting is
3. Malicious burning of any object in the streets or thoroughfares not
4. Carrying of firearms by members of the law enforcement unit religious =
5. Interfering with or intentionally disturbing the holding of a public Tumults or
assembly, by the use of a Alarms
motor vehicle, its horns, and loud sound systems.
If the act is not
ART.132 notoriously
INTERRUPTION OF RELIGIOUS WORSHIP offensive to
the feelings of
Q: How is this committed? the
1. The offender = public official/employee faithful = Unjust
2. Religious ceremonies or manifestations of any religion are about to take place Vexation
or are going on
3. The offender prevents or disturbs the same If the offender is
a private person
Q: Is it necessary that this be committed in an actual place of worship? who is
No, the manifestations or ceremonies may be taking place outside a religious not a member of
structure the meeting =
Disturbance
Q: Give an example of Public Order
Offending the Crime against Public Officers, If the crime is
Q: What are the circumstances qualifying the crime? Religious Public Private Persons not
The presence of violence or threats in the commission of the crime Feelings Order who are Tumults =
(ART.133) members of the Alarms and
Q: Suppose there was a mass going on in Luneta. A public officer fired shots in meeting, Scandals
the air and the people scattered. Is he liable? Outsiders
Yes If the meeting is
illegal
Q: Suppose the mass was over and a politician was giving a speech from the onset =
He is no longer liable under Art.132 Inciting to
Rebellion
Q: Same facts. You learned of the mass in Luneta and you wanted to join. You
were not allowed to join by a police officer guarding the entrance. Is he liable? NOTES:
Yes, but under Art.131, not 132 *If the crime is conducted in a place devoted to a religious purpose, there is no
need for an on‐going and actual ceremony
Q: What constitutional right is safeguarded here? *Religious ceremonies… well… think: acts performed (not necessarily) inside the
The Right to Freedom of Religion church, i.e.: processions and special prayers for burying the dead but NOT
prayer rallies
Q: Is a mere disturbance sufficient? *The offensive acts must be directed against religious practice or dogma or a
No, the disturbance has to be notoriously offensive to the feelings of the faithful ritual of the same nature for the purpose of ridicule i.e.: mocking or scoffing at,
or attempting to damage an object of religious veneration
ART.133 *There must be deliberate intent to hurt the feelings of the faithful. Mere
OFFENDING THE RELIGIOUS FEELINGS arrogance or rudeness is not enough

Q: How is this committed? CHAPTER ONE

REBELLION, COUP D’ETAT, SEDITION AND DISLOYALTY
Q: Who may commit it?
ART.134
Q: When is the act considered to be ‘notoriously offensive’? REBELLION OR INSURRECTION

Q: Give an example Q: How is this committed?

1. There is –
Q: From whose viewpoint is the concept of ‘notoriously offensive’ judged? a. A public uprising AND (*whatever you do, do NOT forget the conjunctive)
From the viewpoint of the offended party b. A taking up of arms against the government
2. The purpose of the uprising or movement is either –
Q: The accused took a statue of the virgin mary and chopped it into pieces in a. To remove from the allegiance to said Government or its laws…
front of a group that was praying. He considered the statue to be merely a piece i. The territory of the Philippines OR any part thereof (*do NOT
of wood. Is he liable? forget the disjunctive); or
Yes ii. Any body of land, naval, or other Armed Forces
b. To deprive the Chief Executive or Congress wholly or partially of any of their
Q: Would such an act be considered notoriously offensive? powers of prerogatives
Yes
Q: Differentiate this from Treason
TREASON REBELLION
(ART.114) (ART.134)
RE: Manner of Two‐Witness Rule Ordinary Rules of
Prosecution Evidence
RE: Time of Time of War Time of Peace
Commission
CRIME NATURE OF PERSONS LEGAL Q: Give an example of Rebellion in the Philippines
COMMITTED THE CRIME LIABLE EFFECT OF A
MISSING
ELEMENT Q: Can this be committed by a single person?
Prohibition, Crime against Public Officers, If not committed No, it is a crime of masses
Interruption and the Outsiders by a
Dissolution of a fundamental law public officer, Q: Who may be liable?
Peaceful of the the crime The Leaders and the Participants
Meeting State is Tumults and
(ART. 131) Public Q: Suppose an NPA officer asked you to encash some of their checks and deliver
Disorders or the money to them. Are you liable?
Grave No, mere adherence to the enemy by giving them aid or comfort is NOT
Coercion punishable in rebellion
Q: Members of the NPA kidnapped a Chinese merchant and demanded ransom.
Upon payment, the merchant was released and the ransom was used by the NPA
to finance its activities. What crime/s was committed?
Rebellion ONLY
Q: Why is that?
Because Rebellion ABSORBS common crimes committed in furtherance of its
goals. It may not be complexed with those crimes in order to aggravate the
liability of the accused
*NB: Absorption of crimes is NOT synonymous with Complex Crimes. In
complexing, the liability of the accused is the one for the greater offense. In
Absorption, the liability is set by law and may not be aggravated by the
commission of another crime. Why? Because penal laws should be construed
liberally in favour of the accused and strictly against the State. That’s just the
way it
is.
Q: Suppose the kidnappers distributed the ransom amongst themselves and did
not remit the money to their higher‐ups, what crime was committed?
Kidnapping, the crime is not absorbed by rebellion because it was not committed
in furtherance of the political goals of rebellion
Q: The NPA ambushed the Governor and killed him for being corrupt.
What crime was committed?
Rebellion
Q: May they be prosecuted for Murder?
No, the crime is absorbed in Rebellion
Q: Suppose they raped the daughter of the Governor, What crime/crimes were
committed?
1. Rebellion
2. Rape
*separate, not absorbed – because the rape was not committed in furtherance of
rebellion
Q: Factory employees organized themselves as an armed group and become so
powerful they had a strike and declared their factory as being under their own
laws. They killed 10 persons in the process. What crime was committed?
Rebellion
Q: Suppose the leader of the Rebellion is unknown. Who may be held liable?
Any person who speaks for signs receipts for, or directs the Rebellion, or
performs similar acts on behalf of the rebels
Q: Will conspiracy to commit Rebellion make you liable?
Yes
Q: How about proposal to commit it?
No
NOTES:
*The success of a rebellion is immaterial. Whether it failed or not does not affect
the liability of the accused
*The purpose of rebellion is always political
*The term ‘Rebellion’ is used when the object is to completely overthrow the
government and supersede it
*Insurrection refers to a movement which seeks merely to effect some change of
minor importance to prevent the exercise of government authority with respect to
particular matters or subjects
*An actual clash of arms between government forces and the rebels is not
necessary to convict the accused who is in conspiracy with others actually taking
arms against the government
*The purpose of the uprising must be shown although it is not necessary that it is
actually achieved
*Rebellion refers to the armed act of seeking a change of government without
external participation
*Actual participation here refers to rising publicly and taking up arms against
the government. If there doesn’t happen to be a public uprising, the crime is
direct assault
*Mere giving of aid or comfort is not a criminal act in the case of rebellion.
Merely sympathizing with the rebels is not considered as participation in the
rebellion. There must be actual participation in the uprising.
*There doesn’t have to be actual killing of any person. The mere threat of
removing the Philippines from the control of the government through force or
violence is sufficient
*Rebellion cannot be complexed with other common crimes, HOWEVER, illegal
possession of firearms in furtherance of rebellion is DISTINCT from the crime of
rebellion.
*Rebellion is a CONTINUING CRIME
*A private crime (aka. crimes against chastity ‐ note that RAPE is no longer a
private crime by virtue of RA 8353) may be committed during rebellion
PONCE‐ENRILE v. SALAZAR
Narvasa, J.
Facts:
Senate Minority floor leader Juan Ponce Enrile was arrested on the strength of a
warrant issued on an information charging him and the spouses Rebecco and
Erlinda Panlilio, and Gregorio Honasan for the crime of ‘rebellion with murder
and multiple frustrated murder’ which they allegedly committed during the
period of the failed coup attempt from November 29 to December 10, 1990.
Enrile was taken and held overnight at the NBI Headquarters in Taft Avenue
without bail, none having been recommended by the Prosecutor. The following
morning he was brought to Camp Tomas Karingal in Quezon City, and given
over to the custody of the Superintendent of the Northern Police District. Enrile
filed for Habeas Corpus, alleging that he was being held to answer for a criminal
offense not contained in the statute books, that he was charged in an information
for which no complaint was initially filed or preliminary investigation conducted,
that he was denied his right to bail and arrested and detained on the strength of a
warrant issued without the judge having first personally determined the existence
of probable cause.
ISSUES:
1. Can Senator Enrile be held liable for the complex crime of ‘Rebellion with
murder and multiple frustrated murder’?
2. Was the arrest warrant issued without the judge’s personal determination of
probable cause?
HELD:
1. NO. As held in the Hernandez case, rebellion cannot be complexed with any
other offense committed on the occasion thereof, either as a means necessary to
its commission or as an unintended effect of an activity that constitutes rebellion.
The information filed against him does in fact charge an offense. Read in the
context of Hernandez, the information charges Enrile with a crime defined and
punished by the Revised Penal Code: simple rebellion.
2. NO. It is sufficient that the Judge follows established procedure by personally
evaluating the report and supporting documents submitted by the Prosecutor.
Merely because respondent Judge Salazar had what some might consider a
relatively brief period (1 hour and 20mins) within which to comply with the duty
gives no reason to assume that he had not, or could not have so complied; nor
does that single circumstance suffice to overcome the legal presumption that
official duty has been regularly performed.
PONCE‐ENRILE v. AMIN
Gutierrez, Jr., J.
Facts:
Together with the filing of an information charging Sen. Enrile with ‘Rebellion
complexed with Murder and Multiple Frustrated Murder’ in the Regional Trial
Court of Quezon City, Government Prosecutors filed another information
charging him with a violation of Presidential Decree 1829.
The information alleged that Enrile, who had reasonable ground to believe or
suspect that ex‐Colonel Gregorio Honasan had committed a crime, voluntarily
concealed the ex‐Colonel in his own residence in Dasmariñas Village, Makati.
Enrile filed an omnibus motion to quash or dismiss on the ground, among others,
that the pending charge of rebellion complexed with murder and frustrated
murder precluded the prosecution of a violation of PD 1829. His motion was
denied.
The respondent Judge upheld the prosecution’s contention that simultaneous
proceedings are permissible because Rebellion is based on the Revised Penal
Code; where the instant case is based on a special law. Enrile appealed to the
Supreme Court, and the High Court issued a Temporary Restraining order
enjoining proceedings in the instant case.
Issue:
Can Senator Enrile be simultaneously charged withobstruction of justice, a
violation of Presidential Decree 1829; and the Revised Penal Code, with regards
to Rebellion?
HELD:
NO. If a person cannot be charged with the complex crime of rebellion for the
greater penalty to be applied, neither can he be charged separately for two
different offenses where one is a constitutive or component element of, or
committed in furtherance of rebellion. Being in conspiracy with Honasan,
Enrile’s alleged act of harbouring/concealing was for no other purpose but to
further the crime of rebellion, thus constituting a component thereof. The crime of
rebellion consists of many acts. The acts committed in furtherance of it, though
crimes in
themselves are deemed absorbed in the one single crime of rebellion. They
cannot, therefore, be made the basis of separate charges. The rationale remains
the same: all crimes, whether punishable under a special law or general law,
which are components or ingredients, or committed in furtherance thereof,
become absorbed in rebellion and cannot be isolated and charged as separate
crimes. The theory of absorption in rebellion cases must not confine itself to
common crimes but also to offenses under special laws which are perpetrated in
furtherance of the political offense.
UMIL v. RAMOS
Per Curiam
Facts:
Consolidated cases for Habeas Corpus.
RE: ROLANDO DURAL
Ronnie Javellon was arrested without a warrant while he was confined at the
Saint Agnes Hospital and receiving treatment for gunshot wounds. The doctors
alerted the military to his presence there. He was identified the day before as
being one of the people who shot 2 CAPCOM policemen in their patrol car.
Javellon later turned out to be Rolando Dural, a known NPA
member.
RE: AMELIA ROQUE, WILFREDO BUENAOBRA, DOMINGO ANONUEVO,
RAMON CASIPLE, AND VICKY OCAYA
The accused were arrested after military agents received information from a
former NPA member that two houses – one occupied by Renato Constantine and
located in Molave Street, Marikina Heights, Marikina; and one occupied by territory of the
Benito Tiamzon – were being used as NPA safehouses. The houses were put Philipines or any part
under military surveillance. Pursuant to a search warrant, Renato Constantine thereof, or any body
was confronted. He could not produce any permit for the firearms in his house, as of land, naval or other
well as the ammunitions, radio and other equipment in the residence. He also armed forces;
admitted that he was a ranking member of the NPA. Wilfredo Buenaobra arrived
at the To deprive the Chief
safehouse and had letters for Constantine and other rebels. He also admitted to Executive or
being an NPA courier. Amelia Roque was arrested in consequence to Congress, wholly or
Buenaobra’s arrest because he had in his possession papers leading to her partially, of
whereabouts. Subversive documents and live ammunition were found in her any of their
possession and she admitted to belonging to the group. Domingo Anonuevo and prerogatives or
Ramon Casiple arrived at the safehouse and agents frisked them, finding powers
subversive documents, and loaded guns without permits. Vicky Ocaya was RE: Target of Attack The Government Authorities of the
arrested without a warrant when she arrived at the house of Benito Tiamzon. Philippines,
Tiamzon’s house was the subject of a search warrant. Ammunition and Military Camps,
subversive documents were thereafter found in Ocaya’s car. Installations,
Communications
RE: DEOGRACIAS ESPIRITU Networks,
The accused was arrested without a warrant on the basis of the attestation of Public Utilities or
certain witnesses that at 5:00pm, at the corner of Magsaysay Boulevard and other facilities
Velencia Street, Sta. Mesa, Manila, and on November 22, 1988, Espiritu spoke at
a gathering of drivers and sympathizers, saying ‘Bukas tuloy ang welga natin, Q: May coup d’etat be commited by a single person?
hanggang sa magkagulo na.’ Yes

RE: NARCISO NAZARENO Q: May it be committed secretly?

Romulo Bunye II was killed by a group of men in Alabang, Muntinlupa. 14 days Yes (use of stealth)
later, Ramil Regala, one of the suspects, was arrested and he pointed out Narciso
Nazareno as one of his companions during the killing. That same morning, Q: May a private individual be held liable for coup d’etat?
Nazareno was arrested without a warrant. No

TREASON REBELLIO COUP SEDITION

ISSUE: (ART.114) N D’ETAT (ART.139)
Were the arrests validly effected? (ART.134) (ART.134‐A)
Nature Crime Crime Crime Crime Against
HELD: of the Against Against Against Public Order
RE: ROLANDO DURAL Crime National Public Public
YES, the warrantless arrest was valid. He was committing an offense when he Security Order Order
was arrested – being an NPA member. The NPA is an outlawed organization and Overt Levying Public Swift attack Rising publicly or
membership therein is a continuing crime. He did not cease to be a subversive for Acts war Uprising; accompanie tumultuously
purposes of arrest simply because he was confined at St. Agnes Hospital. Military against the d by
agents were dispatched on confidential information to verify if an NPA member governmen Taking up violence, *”tumultuously”
had indeed been admitted for a gunshot wound. The information was based on t arms against intimidation, refers to the
actual facts, supported by circumstances sufficient to engender a belief that an the threat, presence of more
NPA member truly was in that hospital Adherence government strategy or than 3 (I.e.: at least
. to the steath; 4) armed men or
RE: AMELIA ROQUE, WILFREDO BUENAOBRA, DOMINGO ANONUEVO, enemies, men provided with
RAMON CASIPLE, AND VICKY OCAYA giving means of violence
YES, their arrests were all valid. They were searched pursuant to search them aid or
warrants and were found with unlicensed firearms, explosives and ammunition. comfort
They were caught in flagrante delicto. The reason for all their arrests was that Purpose To deliver To remove Seizing or To prevent the
military authorities received information about 2 safehouses being used by the or the from diminishing promulgation or
NPA, with exact locations and the names of Renato Constantine and Benito Objectiv governmen allegiance to state power execution of any law
Tiamzon. At the time of their arrests, they had ownership of unlicensed firearms, e t , during the or the holding of
ammunition, subversive documents. They also admitted to membership in the time of Government any popular
NPA. There was probable cause to support their warrantless arrests. war, to the the territory election;
enemy of the
RE: DEOGRACIAS ESPIRITU Philippines To prevent the
YES, the warrantless arrest was valid. He was arrested not for subversion but for or any part National
uttering words which the arresting officers believed to constitute Inciting to thereof, or Government or any
Sedition. The case was mooted anyhow, considering the failure of the any body of provincial/municipa
investigating officers to appear at the re‐investigation. land, naval l government or any
or other public officer
RE: NARCISO NAZARENO armed thereof from freely
YES, the warrantless arrest was valid. Although Nazareno’s arrest was effected forces; exercising its or his
14 days later, the arrest falls under Sec.5(b), Rule 113 of the Rules of Court since functions; or to
it was only then that the police came to know that Nazareno was probably one of To deprive prevent the
those guilty in the killing of Bunye II. The arrest had to be made promptly, even the Chief execution of any
without a warrant, to prevent possible flight. Executive or administrative
Congress, order;
ART.134‐A wholly or
COUP D’ETAT partially, of To inflict any act of
any of their hate/revenge upon
Q: Who is the offender here? prerogatives the person or
Member of the military, police; public officers or employees or powers property of any
public
Q: Differentiate this with Rebellion officer/employee;
REBELLION COUP D’ETAT To commit, for any
(ART.134) (ART.134‐A) political or social
RE: Persons Liable Public Public end, any act of
Officers/Employees Officers/Employees, hate/revenge
and Military men, Police against private
Private Individuals Officers persons or any
RE: Manner of Rising Publicly and A Swift attack social class;
Commission Taking Up accompanied by
Arms against the violence, intimidation, To despoil, for any
Government threat, political or social
strategy or stealth end, any person,
RE: Purpose of To remove from Seizing or diminishing municipality or
Commission allegiance to the state province, or the
Government the Power National
Government if all or
 any part of its Q: How is this committed?
property. 1. By failing to resist a rebellion by all the means within one’s power
2. Continuing to discharge the duties of office under the control of the rebels
Q: Conspiracy to commit rebellion, how is this committed? 3. Accepting appointment to office under the rebels

Q: Proposal to commit rebellion, how is this committed? Q: Give an example

Q: 5 members of the NPA ambushed and killed a company manager because he
was responsible for the dismissal of several workers. The workers were dismissed
for union busting. What crime was committed?
Rebellion
Q: Prof. Amurao flunked ½ of the class. He received a threat to change the
grades or else he would be killed. He refused to change the grades. The following
day, he was ambushed by an NPA member who happened to be the brother of one
student who failed. What crimes were committed?
1. Rebellion (brother was an NPA member, rebellion is a continuing crime)
2. Grave Coercion
3. Murder complexed with Direct Assault
*All separate, not absorbed by rebellion because the common crimes were not
committed in furtherance of rebellion
Q: The provincial governor was liquidated by the Alex Boncayao Brigade (an
NPA liquidation squad – think: people who kill other people for the NPA). The
governor had been a known drug lord. He was found and killed by the Brigade.
What crime was committed?
Rebellion
NOTES
*Art.137 presupposes the existence of rebellion. No rebellion, no crimes
committed under Art.137
*The public officer/employee so charged must not be in conspiracy with the
rebels or coup plotters else his liability is under art.135/art.136
*If the position was accepted in order to protect the people, the official is not
liable
*The collaborator must not have tried to impose the wishes of the rebels on the
people
ART.138
INCITING TO REBELLION OR INSURRECTION
Q: How is this committed?
1. The offender does not take arms, nor is he in open hostility against the
government
2. He incites others to the execution of any of the acts of rebellion
3. The inciting is done by means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end
Q: Suppose a member of the NPA was going around, recruiting members. What
crime was committed?
Rebellion

Q: 2 Victory Liner Buses were burned by the NPA because the management of Q: An ordinary barangay leader, fed up with the present administration, gave
Victory refused to pay revolutionary taxes. 2 passengers died. What crime was speeches aimed at persuadingor convincing people to join him in the fight against
committed? the government. What crime did he commit?
Rebellion Inciting to rebellion

Q: The sister of an NPA officer was raped by the commanding officer of the AFP.
The prosecution for rape was dismissed. To avenge the injustice, the NPA officer
killed the military commander. What crime/s did he commit?
1. Rebellion
2. Murder
*Separate, because the murder was committed for a personal motive
Q: Suppose the audience before whom he spoke was finally induced and
persuaded to join the movement to overthrow the government. What crime did he
commit?
Rebellion
The persons induced will be principals by direct participation
The offender is a principal by inducement in the crime of rebellion

ART.135 Q: And if the audience was not convinced? What are the respective liabilities?
PENALTY FOR REBELLION, INSURRECTION OR COUP D’ETAT The speaker = Inciting to Rebellion
The audience = No liability
Q: Who are liable?
1. An y person who ‐ Q: You were walking along Makati, naked, with a placard saying ‘Down with the
a. Promotes Aquino Administration’.
b. Maintains You were distributing flyers containing pictures of a corrupt government, and
c. Heads a rebellion or insurrection inviting the reader to join you and overthrow the government. What is your
2. An y person who, while holding any public office or employment, takes part liability?
therein by ‐ Inciting to Rebellion
a. Engaging in war against the forces of the government
b. Destroying property or committing serious violence Q: Distinguish Art. 136 from Art. 138
c. Exacting contributions or diverting public funds from the lawful purpose for PROPOSAL TO COMMIT INCITING TO REBELLION
which they have been appropriate REBELLION (ART.138)
3. An y person merely participating or executing the command of another in a (ART.136)
rebellion The person making the proposal It is not required that the offender
has decided to has decided to
*NB: Persons Liable, as far as their occupations are concerned: commit the rebellion, i.e.: to take actually commit rebellion
A. PERSONS IN GOVERNMENT SERVICE active part in it
Anyone who leads, directs, or commands others to undertake a coup d’etat The person who proposes the The inciting is done publicly
B. PERSONS NOT IN GOVERNMENT SERVICE execution of the
Anyone who participates or in any manner, supports, finances, abets or aids crime uses secret or covert means
others in the commission of coup d’etat
NOTES Q: Give examples (*note: examples, plural) of military camps or reservations
*Serious violence is that inflicted upon civilians which may result in homicide. It ‐The army reservation in Fort Bonifacio
is not limited to hostilities against other military forces ‐The Philippine Military Academy
*Diversion of Public Funds is Malversation, but when committed here, it is ‐Villamor Air Base
absorbed by rebellion. ‐Camp Crame
*The public officer, to be liable, must take active part. Mere silence or omission ‐Camp Dangwa
is not punishable in rebellion ‐Navy Headquarters
*Common crimes committed for profit or personal motives, without any political ‐Poropoint in San Fernando, La Union
motivation, would be separately punished and not absorbed in rebellion
Q: Give examples of Communications Networks
ART.136 *NB: this may include privately‐owned companies (i.e.: PLDT, Smart, Globe,
CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT, ABS‐CBN etc)
REBELLION OR INSURRECTION

*NB: It helps to know by heart the definition of ‘conspiracy’ and ‘proposal’ Q: Give examples of Public Utilities
*NB: ‘public’ – mind the examples, MERALCO is now privately‐owned, btw
Q: Suppose military officers met outside the PH and agreed and decided to seize ‐MAYNILAD
power from the present administration. Upon arrival in the PH, they were ‐NAIA
arrested and prosecuted for conspiracy to commit a coup d’etat. Are they liable? ‐DMIA
No, the crime was committed outside the country. It cannot be prosecuted here
because it is not one of the exceptions to the rule on territoriality, as enumerated Q: Death occurring during a coup d’etat – is this a separate crime?
under Art.2 of the RPC No, it is absorbed. Violence is an element of coup d’etat

Q: When may civilians be liable for coup d’etat?

ART.137 When they participate, support, finance, aid or abet the coup
DISLOYALTY OF PUBLIC OFFICERS OF EMPLOYEES
ART.139
SEDITION
*NB: Pay close attention to this one, it comes up during Midterm Exams
Q: How is this committed?
1. The offenders rise –
a. Publicly (*NB: of there is NO public uprising, the crime = tumults and other
disturbances of public order); AND (*NB: conjunctive – very important)
b. Tumultuously (vis‐a‐vis rebellion where there must be a ‘taking up of arms
against the government)
2. They employ threat, intimidation, or other means outside of legal methods
3. The offenders employ any of those means to attain any of the following objects:
a. To prevent the promulgation or execution of any law OR the holding of any
popular election
b. To prevent the national government, or any provincial or municipal
government, or any public official thereof from freely exercising its or his
functions, OR prevent the execution of any administrative order
c. To inflict any act of hate or revenge upon the person or property of any public
officer or employee
d. To commit for any political or social end, any act of hate or revenge against
private persons or any social class (*NB: even private individuals may be
offended parties, not just the government or public officials)
e. To despoil for any political or social end, any person, municipality, or
province, or the national government of all its property or any part thereof
Q: When is a public uprising deemed ‘tumultuous’?
When there is the presence of at least 4 (and ALL four must be armed) men
provided with means for violence
Q: 10 persons armed themselves for the purpose of preventing the holding of a
referendum through violence. Are they liable for sedition?
No, a referendum is different from a popular election
Q: Several members of a barangay armed themselves and proceeded to the
election precincts, and prevented the election officers from performing their duty.
What crime was committed?
Sedition in the 1st manner
Q: The city engineer of Makati issued an order for the demolition of the
shantytowns in a certain area.
When the demolition was about to take place, residents of the area blocked the
road leading to the site, the purpose of doing so is to prevent the city engineer
and his men from pushing through with the demolition. What crime was
committed?
Sedition in the 2nd manner
Q: Suppose Bayani Fernando, pursuant to his project ‘Metro Gwapo’, relocated
all the squatters in Baclaran. One morning while inside the Baclaran Church, the
residents set his car on fire. What crime or crimes did they commit?
1. Sedition
2. Arson
*separate crimes: unlike rebellion or coup d’etat, sedition does NOT absorb
commit crimes
committed in furtherance of its goals
Q: Suppose you have a grudge against your municipal mayor and you burned
down his house. What crime/s may you be liable for?
1. Sedition in the 3rd manner
2. Arson
*separate crimes
Q: Suppose you shoot him instead
1. Sedition in the 3rd manner
2. Murder/Homicide
*separate crimes
Q: Give an example of the 4th objective
Q: Give an example of the 5th objective
Q: Conspiracy to commit sedition, how is this committed?
Q: Inciting to sedition, how is this committed?
Q: Give an example of inciting to sedition in the 1st manner
Q: What are the two rules in determining culpability, as far as inciting to sedition
goes?
1. The Clear and Present Danger Rule
2. The Dangerous Tendency Rule
Q: What is employed in this jurisdiction?
Both Rules, depending on the attending circumstances
Q: Is there such a crime as ‘proposal to commit sedition’?
None
Q: Suppose you incited others to commit sedition and they did. What crime was
committed?
Sedition
Q: What is meant by ‘scurrilous libels’?
Writings that are low, vulgar and mean
Q: Give an example
Q: May inciting to sedition be committed by mere silence?
Yes, by ‘knowingly concealing such evil practices’
Q: What is sedition?
A Raising of commotion or disturbances in the State, possessing as its ultimate
objective a violation of the public peace or at least such measures that evidently
engender such violations
Q: May sedition be committed by 3 persons?
No – there must at least be 4 armed persons
Q: If there are 50 persons who are not armed, is there sedition?
None
Q: 20 persons, with only one carrying a .45cal revolver
No
*NB: it doesn’t matter how many people there are, it matters how many ARMED
people there are – mind the qualification for means of violence
Q: If no one was carrying a gun but 5 were carrying arms
Sedition
Q: If 6 were carrying World War II vintage M‐1 Garand Rifles that would not
even fire?
Sedition (trolling moment: they can still be used to hit somebody :D )
Q: What if those 6 people were armed with stones? Scissors? Needles?
Yes to all the above, the crime is sedition – these items may be used for violence
(trolling moment: Ever been poked in the eye with a needle? There you go –
violence :D)
Q: What is the liability of the participants, supposing they were not able to
achieve the purpose they aimed for?
Sedition, The crime is consummated once all the elements concur (think: public
and tumultuous uprising + any of the 5 objects of sedition) – the success of the
endeavour is not an element
*NB: That’s how it works. Once ALL elements are present, criminal liability
inures (automatically attaches) to the offense. Check the elements for every crime
– if they are incomplete, the crime is not consummated.
Q: The MMDA was set to demolish a shantytown. The residents blocked the
MMDA officials’ access to the site. The police arrived and the residents
dispersed, allowing the demolition officers to do their job. Are the residents
liable?
Yes, the crime was already consummated
Q: Same facts, except that the residents held only pieces of wood. Are they liable?
Still liable (trolling moment: being hit by a piece of wood… hurts. Violence,
mates.)
Q: In the 1st manner, is it necessary that the holding of popular elections is
actually prevented?
No
Q: In the MMDA example, suppose there were 20 residents, only one carried a
firearm, the rest were simply being rowdy and noisy. The armed resident fired at
a vehicle owned by the MMDA. The driver died. What is the armed resident’s
liability?
Murder/Homicide
*NB: NOT sedition. Notice, he was the only one armed
Q: Suppose that the remaining 19 residents picked up pieces of wood. What is the
liability of the resident who shot a member of the demolition team?
1. Sedition
2. Murder/Homicide
*separate crimes because sedition does not absorb common crimes
Q: What is the legal effect of common crimes in sedition?
They are not absorbed and will be prosecuted independently of the case for
sedition
Q: May they be complexed with sedition?
No
Q: Give an example of common crimes committed in sedition
*trolling moment ‐ formula: sedition (public and tumultuous uprising + any of
the 5 objectives) + any of the common crimes (i.e.:
murder/homicide/arson/rape/serious physical injuries etc) + a whole lot of
imagination. Go for it :P
NOTES:
*As differentiated with rebellion, the nature of sedition may be either political or
social, whereas rebellion is always political
*The offender in sedition may be either a public or private individual
*A public uprising AND an object of sedition must concur, else it isn’t sedition
*Common crimes are NOT absorbed by sedition
*Preventing an election through legal means (i.e.: electoral contests, filing civil
cases pertaining to elections) is not contemplated by sedition
*Persons liable for sedition are (1) the leader/s and (2) other persons
participating in the seditious act/s
ART.143
ACTS TENDING TO PREVENT THE MEETING OF THE NATIONAL
ASSEMBLY AND
SIMILAR BODIES
Q: How is this committed?
1. There is a projected OR (*NB: disjunctive – very important) actual meeting of
Congress or 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
2. The offender – who may be any person – prevents such meeting by force or
fraud (*NB: mind the 2 manners of prevention: force or fraud)
Q: Give an example
Q: What are the legislative bodies included in the provision?
Q: May this be committed by a participant of the meeting?
Yes, ‘any person’
ART.144
DISTURBANCE OF PROCEEDING
Q: How is this committed?
1. There is a meeting of Congress or any of its committees, constitutional
commissions or committees or divisions thereof, or of any provincial
board/city/municipal council or board
2. The offenders does any of the following acts:
a. He disturbs any of such meetings
b. He behaves while in the presence of any such bodies in such a manner as to
interrupt its proceedings or to impair the respect due it
Q: Give an example
Q: Meeting of a committee created by the Senate. A resource person was being
interpolated. Someone in the audience shouted and booed the interpolating
Senator. Is that someone liable?
Yes
Q: May the Senate also cite him for contempt?
Yes
Q: May the Senator also order that person’s incarceration?
Yes
NOTES:
*The nature of the crime of ‘disturbance of proceeding’ is criminal. When the
Senate cites a person in contempt, the nature of that offense (the one found to be
contemptuous) is essentially legislative. Hence, the 2 offenses are independent of
each other, even if they result from the same overt act.
*The Senate, in the exercise of its inherent plenary powers, may also order the
incarceration of the accused, notwithstanding the filing of a criminal case for
Art.144
ART.145
VIOLATION OF PARLIAMENTARY IMMUNITY
*NB: It helps to review the table of penalties, as well as the definition of concepts
like ‘session of Congress’ and ‘parliamentary immunity’
Q: How is this committed?
1. By using force, intimidation, threats or fraud to prevent any member of
Congress from –
a. Attending the meeting of the assembly or any of its committees, constitutional
commissions, or committees or divisions thereof, or from
b. Expressing his opinions or
c. Casting his vote
2. By arresting or searching any member of Congress while Congress is in
regular or special session, except in case such member has committed a crime
punishable under the Code by a penalty higher than prision mayor
**elements:
a. The offender = a public officer/employee
b. He arrests or searches any member of Congress
c. Congress, at the time of the arrest or search, is in a regular or special session;
d. The member searched/arrested has not committed a crime punishable under
the RPC by
a penalty higher than prision mayor
*NB: Under the 1987 Constitution (which, needless to say, takes precedence over
the RPC), the privilege from arrest of any member of Congress while the same is
in session extends to all offenses punishable by not more than 6 years of
imprisonment. The ambit of the privilege, therefore, includes offenses punishable
by prision mayor, which runs from 6 years and 1 day to 12 years.
Q: Give an example of the 1st manner of commission
Q: Is it necessary that the member is actually prevented from doing those things?
No
Q: May the crime be committed outside the Halls of Congress?
Yes
Q: Suppose the committee on public order of the House of Representatives (HR)
scheduled a meeting in Basilan. The meeting was in connection to the hostages
taken by the Abu Sayyaf. Because the airport was waylaid by persons, they were
not able to attend the meeting. Are those persons liable?
Yes
Q: Give an example of preventing a legislator from expressing his opinion
Q: Where should that opinion be expressed?
In the Legislature, in the halls of congress, during the meeting or session
Q: And if the legislator was invited to give an graduation address?
No liability for the offender under Art.145. He may be held liable, however, for
grave coercion
Q: Give an example of preventing a legislator from casting his vote
Q: Suppose that despite the threat, the legislator still casted his vote. Is the
offender still liable?
Yes
Q: What consummates the crime in the 1st manner?
Employing force, intimidation of threat
*NB: It isn’t necessary that the offender actually succeeds in preventing the
legislator
Q: How is the 2nd manner committed?
Q: What is the duration of Prision Mayor?
6 years, 1 day to 12 years’
Q: So you’re saying that a legislator may only be arrested when his offense
carries with it a penalty higher than 12 years?
No – if the crime was committed when Congress is not in session, he may be
arrested despite the fact that the penalty is not within the privileged range
provided for in art.145
Q: When a member of Congress commits a crime and the penalty for it is 6 years,
may he be arrested?
No
Q: If the penalty is higher than 6 years?
Yes
Q: Even if Congress is in session?
Yes, even if
Q: If Congress is not in session, may he be arrested, regardless of the penalty?
Yes
*NB: 2 important qualifications in this crime are
(1) the penalty for the offense committed and
(2) whether Congress happens to be in session or not
Q: Physical Injuries committed long before the legislator was elected. A warrant
of arrest was issued for the offense, which is punished by Prision Correccional.
Congress is in Session. May he be arrested?
No
Q: The lower house is in session from July 1 to October 31. On September 15, the
warrant was issued. The legislator was arrested in his house. Are the arresting
officers liable?
Yes
*NB: By ‘session’, the law does not mean the time when the members of Congress
are actually sitting in the Halls of Congress. As far as the concept goes, Congress
is ‘in session’ 24/7 and is deemed to be ‘in session’ for all the days included in
the period of July 1 to October 31
Q: What is meant by ‘session’?
The time inclusive of the initial convening until final adjournment
Q: Same facts, except that the offense committed was murder. Would the police
still be liable?
Not anymore, the penalty for murder is higher than 6 years
Q: A person committed a crime before he became a Member of Congress. When
he was elected, the warrant of arrest was issued. The penalty for the crime he
committed is 6 years. The officers arrested him, are the officers liable?
Yes
Q: A Congresswoman committed plunder long before being elected. A
corresponding information was filed with the Sandiganbayan. May she be
arrested, notwithstanding the fact that Congress is in session?
Yes, the penalty for plunder is higher than 6 years
Q: Suppose a legislator uttered gravely slanderous words against you. Can you
file a case against him?
Yes, the immunity is from arrest and searches only, NOT from the filing of
complaints
*NB: file anytime you want, but be mindful that filing is NOT the same as
arrest/search. For the latter, the law imposes certain qualifications.
Q: So if the court prepared a warrant of arrest but did not have it implemented, *NB: Remember that ESTAFA is a crime punishable by the RPC, and that estafa
the court is not liable? can be committed in connection with illegal recruitment
Yes, the court is not liable. What is punished is actual arrest/search

ART.146
ILLEGAL ASSEMBLIES
Q: What are the 2 kinds of illegal assemblies? ART.147
1. Any meeting attended by armed persons for the purpose of committing any of ILLEGAL ASSOCIATIONS
the crimes punishable under the RPC
2. Any meeting in which the audience, whether armed or not, is incited to the Q: What are illegal associations?
commission of the crime of treason, rebellion or insurrection, sedition or assault 1. Associations totally or partially organized for the purpose of committing any of
upon a person in authority or his agent the crimes punishable under the RPC
2. Associations totally or partially organized for purposes contrary to public
Q: Who may be criminally liable? morals
1. The leaders/organizers of the meeting
2. The persons merely present at the meeting Q: Differentiate illegal assemblies from illegal associations
ILLEGAL ILLEGAL
ASSEMBLIES ASSOCIATIONS
ART.146 ART.147
Q: What is the presumption of the law, if a person at the meeting carries an RE: punishable acts Meeting and Assembly The act of forming or
unlicensed firearm? per se are organizing,
1. It is presumed that the purpose of the meeting insofar as he is concerned, is to Punishable as well as membership
commit acts punishable under the RPC in these
2. He is considered a leader/organizer of the meeting organizations is
punishable
Q: In the 1st form, how many persons must be armed? RE: conduct of a There should be an There is no need for
At least 2 since the law speaks of ‘persons’ (plural) meeting actual an actual
meeting meeting
Q: Suppose there are 10 members, only 1 of them is armed with 10 hand RE: persons liable Leaders Founders
grenades. Is the same considered an illegal assembly? Organizers Directors
No Persons merely Presidents
present Members
Q: Suppose then that 5 of them are armed and the purpose of their meeting is to RE: purpose Commit crimes Commit any of the
sell shabu, marijuana and cocaine. Will they be liable for illegal assembly under punishable under crimes
the 1st manner? the RPC punishable under the
No, the crime committed is a violation of a special law (CDDA), not the RPC Incite audience to the RPC
commission of
Q: And if the purpose was to steal cars? treason,rebellion, Organizing an
They are not liable, they violated a special law (Anti ‐Carnapping Law) insurrection, sedition, association or
assault organization for
Q: What if they planned to rob a bank? purposes
They are liable, robbery is punishable under the RPC contrary to public
morals
Q: What is the 2nd manner of commission?
Q: Give an example of illegal associations
Q: Is it necessary that the persons attending the meeting be armed, under the 2nd
manner? Q: You and your classmates form an association for the purpose of taking money
No from your clients through fraudulent acts. Are you liable?
Yes, the crime we plan on committing is estafa
Q: Suppose you and your classmates gathered together since the midterm exam is
upcoming and you knew for a fact that all of you would fail. You planned to wipe Q: You, along with your friends, form an association called ‘Cheats, Inc.’ in
your criminal law teacher off the face of the planet. Will you be liable for illegal order to help each other pass criminal law II. Will you be liable for illegal
assembly? associations?
Yes, under the 2nd manner Yes, cheating is contrary to public morals
Q: Why? Q: An organization was formed in order to pair couples together and orchestrate
Because the members are incited to commit the crime of direct assault upon a false weddings. Is this punishable?
person in authority Yes, the acts are contrary to public morals
Q: Suppose that instead of going to class, you and 10 other classmatesgathered Q: Suppose you joined an association which propagates cohabitation without the
together for a meeting wherein you, as the leader, incited them to join the NPA. benefit of marriage. The philosophy of the organization is that marriage is just a
What is your liability? piece of paper, no longer practicable nor honoured by society. Are you liable?
1. Inciting to Rebellion (*NB: you merely incited them, no mention was made as Yes, the organization’s purpose is contrary to public morals
to whether or not they actually joined)
2. Illegal Assembly in the 2nd manner Q: An association is composed of married men and women. The purpose is to
*separate crimes ‘foster love’ among themselves. Are they liable?
Not necessarily, as long as they are not committing adultery or concubinage or
Q: And the liability of your classmates, assuming they join the NPA? bigamy
Rebellion by direct participation
ART.148
Q: What is your liability if your classmates end up joining the NPA? DIRECT ASSAULTS
Rebellion as principal by inducement *NB: Pay special attention, this comes up in Midterm Exams. Also, it helps to
*NB: the classmates actually joined the NPA. You induced them to. review the elements of rebellion and sedition
Q: What would be your liability if your classmates did NOT end up joining the Q: How is this committed?
NPA? 1. Without public uprising, by employing force or intimidation for the attainment
Illegal Assembly (only) of any of the purposes enumerated in defining the crimes of rebellion and sedition
*NB: It is important under the 2nd manner that the audience is incited to the 2. Without public uprising, by attacking, employing force, seriously intimidating
commission the crime of treason, rebellion, insurrection, sedition or assault. If or seriously resisting any person in authority or his agent while the said person
the audience ends up actually committing those crimes, the liability for those or agent is –
crimes attach, as far as they are concerned. As far as the person inciting them to a. Engaged in the actual performance of official duties; OR (*NB: disjunctive,
commit those crimes, he becomes liable as a principal by inducement for having very
caused the actual commission. It helps to recall the particeps criminis at this important)
point, because liabilities for crimes (as principals, accomplices and accessories) b. On the occasion of such performance (*NB: ‘on the occasion’ here does NOT
are affected by commission or non‐commission. Remember also that when the refer to the time when the performance is being done. It means ‘by reason of’ or
audience ends up committing those crimes, the leader’s liability is for the crime ‘because of’ the performance. Hence, the performance contemplated here has
they committed in addition to the liability for illegal assembly – because by the already been/has previously been done. Think: past tense, as far as the duty
time the audience members actually commit treason/rebellion etc, the crime of performed goes)
illegal assembly in the 2nd manner has already been consummated. *NB: Do NOT omit the ‘without public uprising’ phrase. Once there is a public
uprising, the crime is no longer direct assault but rebellion/sedition as the case
Q: What if you and your classmates met to discuss your plans for illegal may be.
recruitment?
We are liable
Q: May direct assault be committed against private individuals?
Yes (see: objects of sedition, ‘xxx any act of hate or revenge… against private
individuals xxx’
Q: Give an example of direct assault in the 1st manner
Q: There are 3 armed persons who went to Binondo, employed force and
intimidation on Chinese retailers there because these retailers were dominating
the retail business area. What is the liability of the 3 persons?
Direct Assault in the 1st manner (see: 4th object of sedition)
Q: What is the 2nd manner of committing direct assault?
Q: Who do you mean by ‘on the occasion of such performance’?
The impelling motive of the attack is the past performance of official duty
*NB: ‘past’ because if the attack was done during the actual performance, the
crime is direct assault under the 1st manner, not the 2nd
Q: Who is a person in authority? (*NB: know this by heart)
Any person directly vested with jurisdiction to govern or execute the laws,
whether as an individual or as a member of some court or government
corporation, board or commission
Q: Give examples
‐Barangay Captains
‐Mayors
‐Governors
‐Municipal Councilors, etc.
Q: Teachers?
Yes (see: Art.152)
Q: Lawyers?
Yes (see: Art.152)
Q: A senator?
Yes
Q: The President of the Philippines?
Yes
Q: Former First Gentleman Miguel Arroyo?
No, he is not vested with jurisdiction to execute the laws
Q: And who is an agent of a person in authority? (*NB: know this by heart, too)
Any person who, by direct provision of law, by election or appointment by
competent authority is charged with the maintenance of public order and the
protection and security of life and property
Q: Give examples
‐Peace officers/Policemen
‐Barangay Tanods
‐Soldiers/Members of the military
Q: Between the 1st and 2nd manners of commission, is there a difference in the
degree of force necessary to commit the crime of direct assault?
Yes –
a. If the offended party is a Person in Authority, the force employed does not have
to be serious
b. If the offended party is an Agent of a Person in Authority, the force employed
must be serious
Q: When do you say that the force employed is ‘serious’?
When it indicates a determination to defy the law and its representatives at all
hazards
Q: Can you give an example
Q: Suppose you were being arrested by a police officer, you hit him with your
fists. Will you be liable?
No, fist blows aren’t serious
Q: A warrant of arrest was issued against you. The police sought to implement
the warrant and your family members blocked them from entering the house. Are
they liable?
Yes, Direct Assault under the 1st manner (see: objects of sedition: preventing a
public officer from exercising his functions)
Q: Your brother was apprehended by the police while he was in a bar fight. He
was incarcerated. You asked the police for his release and they refused. You
organized your friends and went to the police headquarters and fired at the
officers there. Are you liable for Direct Assault?
Yes
Q: Under the 1st or 2nd manner?
1st – for inflicting an act of hate or revenge on an agent of a person in authority
Q: Because you flunked Criminal Law I, you pushed your professor aside when
you met him by the stairs leading up to 13L. He lost his balance but didn’t fall.
Are you liable for direct assault?
Yes, a professor is also considered a person in authority. The force necessary
need not be serious
Q: Are all the elements present?
Yes. The offended party is a person in authority, the force used did not have to be
serious, and the attack was by reason, or on occasion of a past performance of
duty
Q: You were not able to study for Criminal Law II. You came to class and pointed
a rifle at Atty. Amurao. The rifle had a sign that read ‘Do not call me for
recitation’. Will you be liable?
Yes – serious intimidation
Q: A Mayor’s mistress assaulted him in his office because the Mayor refused to
support her. Is she liable?
Yes
Q: But the reason for the assault was because he refused to support her
When the person in authority is engaged in the actual performance of duty, the
motive for the attack is immaterial
*NB: motive only becomes material when the offense is committed under the
second manner
i.e.: when the person in authority is not engaged in the actual performance of
duty
Q: Suppose we are having class in Criminal Law II. A person suddenly came in
and shot Atty. Amurao. The shot resulted in your teacher’s death. What crimes
did that person commit?
Direct Assault complexed with Murder/Homicide as the case may be
*NB: the teacher was in the actual performance of official duties
Q: For example, after our class in Criminal Law II, Atty. Amurao was walking
along Mendiola when a person suddenly fired at him. He eventually dies. The
reason for the attack was that Atty. Amurao had an obligation to pay the amount
of Php 100,000 and he refused to honor the obligation. What is the offender’s
liability?
Direct Assault (in the 2nd manner) complexed with Murder
*NB: the teacher is no longer in the actual performance of official duties
Q: For example, you ran into your teacher in Criminal Law II along one of the
corridors. This was after your Criminal Law II class which you failed. What
crime did you commit?
Direct Assault in the 2nd manner
Q: Suppose a lawyer made arguments that significantly strengthened the case for
the prosecution during the trial. The offender saw the lawyer eating at a
restaurant on the evening of the day when the judgment pronouncing the accused
guilty beyond reasonable doubt was promulgated. He fired his gun at the lawyer,
causing serious physical injuries. Is the offender liable?
Yes, the attack was committed by reason of a past performance of duty
Q: Suppose you are a governor, and you recommended your niece to the Mayor
for a position in said Mayor’s office. The Mayor deferred your recommendation
because the position was no longer vacant. When you saw the Mayor, you shot
him but he did not die. You succeeded in merely inflicting a serious ound. What
crime did you commit?
Direct Assault complexed with Serious Physical Injuries
Q: Say you are a Senator. You are in a hurry so you ran a red light. The traffic
enforcer asked you to present your driver’s license but instead of complying, you
pointed a gun at him and fired, inflicting a wound. Are you liable?
Yes
NOTES:
*Direct Assault is always complexed with the material consequence of the act
(i.e.: murder, serious physical injuries, etc.) EXCEPT when it results in a light
felony, in which case, the liability for the light penalty is absorbed by direct
assault
*Hitting a policeman with your fists is not direct assault because the policeman is
an agent of a person in authority and the force necessary to consummate the
crime must be of a serious character
*Because the provision uses the phrase ‘laying hands… xxx’ on a person in
authority, the force that is necessary to consummate direct assault when the
offended party is a person in authority does not have to be serious
*The intimidation or resistance employed against both a person in authority and
his agent must be of a serious character
PERSON IN AGENT OF A
AUTHORITY PERSON IN
AUTHORITY
RE: force employed Need not be serious Must be of a serious
character
RE: intimidation or Must be of a serious Must be of a serious
resistance character character
*Even when the person in authority/agent agrees to fight, the crime is still direct
assault. Their agreement to fight does not mitigate the liability
*BUT when the person in authority/agent PROVOKES the fight (i.e.: the
PIA/agent attacks first), the innocent party is entitled to plead legitimate self‐
defense
*Direct Assault cannot be committed during rebellion – recall: elements of both
crimes, need for public uprising in rebellion
ART.149
INDIRECT ASSAULT
Q: How is this committed?
1. A person in authority or an agent of a person in authority is a victim of any
form of direct assault defined under art.148 (*NB: notice that one of the elements
of this crime is a crime in and of itself – direct assault under art.148)
2. A person comes to the aid of such person in authority/agent
3. The offender makes use of force or intimidation upon the person who came to
the aid of the person in authority/agent
4. By restraining another from attending as a witness in such legislative or
constitutional body
5. By inducing disobedience to a summons or refusal to be sworn in by any such
body or official
Q: Give an example under any of the punishable acts
Q: Jocjoc Bolante was being questioned by the Senate. He refused to answer the
questions and invoked his right against self‐incrimination. Will he be liable?
No, there is a legal excuse for his refusal
Q: Bolante deposited Php 500,000,000 in several banks. The Senate required the
banks to produce the papers, books and records of the accounts allegedly
belonging to Bolante. The banks refused to comply and invoked the Bank Secrecy
Law. Will the banks be liable?
No, there is a legal excuse

Q: Does the person coming to the aid of the Person in Authority/Agent have to be Q: Suppose Bolante answered all the Senate’s questions, but the Senate was not
a public officer? satisfied with the answers because they weren’t what the Senators expected to
No, even a private individual may come within the purview of the provision, as hear. May Bolante be held criminally liable?
long as he came to the aid of the assaulted person in authority/agent No, he answered all the questions

Q: May indirect assault be committed without the crime of direct assault? Q: Suppose Bolante failed to produce the books, papers and documents required
No, Direct Assault is an essential element of Indirect Assault by the Senate and the Senate ordered his imprisonment unless he complied. May
*NB: this is an example of a ‘parasite crime’ (‐Atty. A). No Direct Assault, no the Senate validly do so?
Indirect Assault No

Q: Will the acquittal in Direct Assault carry with it the acquittal in Indirect Q: What is the difference between Contempt and Disobedience?
Assault, as far as the offender is concerned? (*NB: pay attention to this, it can be Contempt is an offense that is Administrative in nature
tricky) Disobedience is a criminal offense
It depends
ART.151
Q: Depends on what? RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY
The nature of the acquittal for the crime of Direct Assault OR AN AGENT OF A PERSON IN AUTHORITY

Q: Explain Q: How is this committed?

If the acquittal in Direct Assault is because the offender DID NOT commit the 1. A person in authority/agent of a person in authority is engaged in the
act, there will be an acquittal for Indirect Assault performance of official duty or gives a lawful order to the offender
If the acquittal in Direct Assault is by reason of an EXEMPTING 2. The offender resists or seriously disobeys such person in authority/agent
CIRCUMSTANCE, there will NOT be an acquittal for Indirect Assault 3. The act of the offender is NOT included in the provisions of art.148 (direct
assault), 149 (indirect assault), or art.150 (disobedience to summons)
*NB: Recall the nature of exempting circumstances (i.e.: minority, insanity) –
unlike Q: Give an example
justifying circumstances where, in the eyes of the law, no crime was committed,
there is no criminal and there is no criminal liability; in exempting
circumstances, there is still a crime committed, there is still a criminal offender Q: Suppose you are arrested for jaywalking. Instead of obeying the policeman,
and there is still criminal liability, EXCEPT that the criminal offender is you lay prostrated on the street. Are you liable?
EXEMPTED. Think: when a person is exempted, it does NOT mean that he is Yes
innocent of the crime. It simply means that the law does not make him serve out
the sentence for his crime. Q: Differentiate art.148, art. 149, art.150 and art.151
DIRECT INDIRECT DISOBEDIENCE DISOBEDIENC
If the acquittal in Direct Assault is because the evidence adduced for that crime ASSAULT ASSAULT TO E TO
does not prove the offender’s guilt beyond reasonable doubt, there will NOT be ART.148 ART.149 SUMMONS A PERSON IN
an acquittal in Indirect Assault ART.150 AUTHORITY/HI
*NB: Remember that Indirect Assault depends on the commission of Direct S
Assault. If the prosecution was not able to prove beyond reasonable doubt that AGENT
the offender did in fact commit Direct Assault, it still does NOT mean that he did ART.151
not commit it at all – it simply means that the prosecution was not able to meet Use of force is Use of force is No force is No force is
the quantum of proof necessary for a conviction. Consequently, the case for directed directed against employed, mere employed, the
Indirect Assault may still proceed. against the the person disobedience/ offender instead
person in coming to the Refusal to be resists or
Q: Suppose a judge who convicted X and sentenced him to suffer 10 years of authority or aid of a person sworn in/ Refusal seriously
imprisonment. X served out the sentence and when he was released, the judge had his agent in to produce books, disobeys the
already retired. X saw the judge leaving the church one morning and he attacked authority/agent papers, etc.; person
the judge. The mayor was also on his way out of the church and saw the restraining in
commotion. He (the mayor) started to make his way to the judge in order to help another; inducing authority/agent
the latter, but someone – a third person – prevented him from doing so by hitting disobedience to a
him. What is the liability of X? What about the liability of the 3rd person who summons issued by
prevented the mayor from helping the judge? Congress/any of
X’s liability: Direct Assault the
3rd person’s liability: Direct Assault as well. The mayor is a person in authority, bodies mentioned
too in the
article,
Q: Same facts, except that the person coming to the aid of the judge was his consummates the
neighbour, a businessman. What is the liability of the 3rd person who prevented crime
the professor? Person in Person in The summons; Person in
Indirect Assault Authority/Age Authority/Agent questions Authority/agent
nt is assaulted or orders must be must be in the
ART.150 must be while in the issued actual
DISOBEDIENCE TO SUMMONS engaged in performance of in the exercise of performance
the actual official official of his duties; or
Q: How is this committed? performance duty or by functions must have issued
1. By refusing, without legal excuse, to obey the summons of Congress, its of reason thereof a
special/standing committees and subcommittees, the Constitutional Commissions official lawful order to
and their committees, subcommittees or divisions, or by any commission of functions or *NB: Presumes the
committee chairman or member authorized to summon witnesses assaulted by that Direct offender
2. By refusing to be sworn in, or placed under affirmation while being before reason Assault is
such legislative or constitutional body/official thereof already
3. By refusing to answer any legal inquiry or to produce any books, papers, consummated,
documents or records in the offender’s possession, when required by them that is, the
(Congress, constitutional commissions etc) to do so in the exercise of their person in
functions authority/agent
 is already UNLAWFUL USE OF MEANS OF PUBLICATION
assaulted while
in the Q: How is this committed?
performance of 1. By publishing or causing to be published, by means of printing, lithography, or
duty or on any other means of publication, as news any false news which may endanger the
occasion public order, or cause damage to the interest or credit of the State
thereof 2. By encouraging disobedience to the law or to the constituted authorities or by
Use of force Mere use of No qualifications Mere putting up praising, justifying, or extolling any act punished by law, by the same means or
against the force or as to the degree of of by words, utterances, or speeches
person in intimidation refusal/disobedien resistance is 3. By maliciously publishing or causing to be published any official resolution or
authority need against the ce required to punishable document without proper authority or before it has been published officially
not be serious person coming consummate the 4. By printing, publishing or distributing, or causing the same, books, pamphlets,
to the aid of a crime Disobedience, periodicals, or leaflets which do not bear the real printer’s name or which are
Use of force person in however, must classified as anonymous
against an authority/agent be
agent of a consummates serious Q: Give an example of the 1st manner
person in the crime; no
authority must qualification as Q: May this crime be committed by any person?
be serious to the degree of Yes
force/intimidatio
n
required Q: Give an example of the 2nd manner

Q: As a scriptwriter, you portrayed Commander Datu in one of your films as a

hero of the Muslim community. However, in the eyes of the law, he is a criminal.
Will you be liable?
Yes

Q: As a columnist, you wrote an article which praises and justifies the acts of
Jocjoc Bolante. You described him as an honest, truthful and trustworthy public
official and that he serves as an example to be followed by everyone. Will you be
liable?
ART. 153 Yes
TUMULTS AND OTHER
DISTURBANCES OF PUBLIC ORDER Q: Give an example of the 3rd manner

Q: How is this committed?
1. By causing any serious disturbance in a public place, office or establishment
2. By interrupting or disturbing a public performance, function, gathering or
peaceful meeting if the act is NOT included in art.131 (prohibition, interruption
and dissolution of peaceful meetings) and art.132 (interruption of religious
worship)
3. Making an outcry tending to incite rebellion or sedition in any meeting,
association or public place
4. Displaying placards or emblems which provoke a disturbance of public order
in such place
5. Burying with pomp the body of a person who has been legally executed (*NB:
rendered inapplicable by the suspension of the death penalty)
Q: Give an example of the 1st manner
Q: Suppose the Court of Appeals is set to release its resolution regarding the
GSIS‐MERALCO controversy. Before releasing the same to the public, you went
to the Court of Appeals, obtained a copy, and gave it to GSIS and MERALCO.
Will you be liable?
Yes
Q: Give an example of the 4th manner
Q: Are there any instances when a writer simply cannot include his name in his
article?
Yes, i.e.: when to do so would endanger his life
Q: In literature, are writers required to write their real name?
No, they can use pen names

Q: Give an example of the 2nd manner Q: What about actors and showbiz personalities, are they allowed to use names
other than their real names?
Q: For instance, the person who interrupted and dissolved the rally is a public Yes, they may use screen names
officer, will he be liable under this article?
No, he will be liable under art.131 (prohibition, interruption and dissolution of ART.155
peaceful meetings) ALARMS AND SCANDALS

Q: What is art.131? 132? Q: How is this committed?

Q: For example, the person who interrupted and dissolved the rally is a public
officer who a lso happens to be a participant of that rally, what is his liability?
He is liable under art.153 because art.131 requires that the public officer ‐
offender must not be a participant of the meeting
Q: When is a meeting considered to be tumultuous?
Q: When may an outcry be a crime under Inciting to Rebellion, and when may it
be considered a Disturbance of Public Order?
In Inciting to Rebellion, the outcry must be serious and deliberate; the offender
should have done the act with the idea of inciting his listeners/readers to commit
the crime of rebellion/sedition
*NB: Here the inciting to rebellion/sedition is the controlling aim of the outcry In
Disturbance of Public Order, the outcry is not serious and is a spontaneous,
unconscious outburst which, although rebellious/seditious in nature, is not
intentionally calculated to induce others to commit rebellion/sedition
*NB: Here, the inciting to rebellion/sedition is not the controlling aim – there is
no aim, to be exact, just that the inciting takes place as a result of a spontaneous
outcry
Q: Give an example
Q: An Anti‐Charter Change rally is on‐going. Suddenly, a passer‐by shouted
‘Revolution is the answer!’ What crime did he commit?
Disturbance of Public Order, he made an outcry not intentionally aimed at
inciting others to rebellion/sedition
1. By discharging any firearm, rocket, firecracker or other explosives within any
town or public place calculated to cause alarm or danger
2. By instigating or taking an active part in any charivari or other disorderly
meeting offensive to another or prejudicial to public tranquillity
3. By disturbing the public peace while wandering about at night or while
engaged in any other nocturnal amusements
4. By causing disturbance or scandal in public places while intoxicated or
otherwise, provided that Art.153 is not applicable
Q: Will a person be liable if he discharged a firecracker during new year’s eve?
No, the law exempts the celebration of new year’s eve and fiestas. By tradition,
these days are considered holidays and the celebration of them through these
means would not cause alarm or danger.
Q: Suppose it isn’t a holiday, and at midnight, you light a firecracker in your
residential subdivision. Will you be liable?
Yes
Q:What is a ‘charivari’?
A medley of discordant voices or a mock serenade of discordant noises made on
kettles, tins, or horns designed to annoy or insult
Q: Under the 3rd manner, is it necessary that the offender be intoxicated?
No
Q: Give an example where a person will be liable for disturbing the public peace
while engaged in nocturnal amusements

Q: After you gave a speech, a person shouted ‘Down with the Aquino Q: Under the last manner (4th), does the disturbance have to be committed at
Government!’ What crime did he commit? night time?
Disturbance of Public Order No

ART.154 Q: Can you give an example?


ART.156
DELIVERY OF PRISONERS FROM JAIL
Q: How is this committed?
1. There is a person confined in jail or in a penal establishment
2. The offender removes therefrom such person, OR helps his escape
Q: Does the prisoner have to be a prisoner by final judgment?
No, he may be merely a detention prisoner
Q: Who are the persons who may be held liable for the commission of this crime?
‐An outsider
‐A fellow prisoner
‐An employee of the penal establishment who does NOT have custody/charge of
the prisoner
*NB: if the person responsible for the crime is one who has custody/charge of the
prisoner, the crime committed is Infidelity in the Custody of a Prisoner (Art. 223),
not Art.156
‐A guard
Q: What qualifies the crime?
The offender’s act of employing bribery as a means to remove a person from jail
*NB: NOT the offender’s act of receiving or agreeing to receive a bribe in
consideration for the commission of the offense because that is merely a generic
aggravating circumstance
Q: Does employment of deceit in the commission of the crime affect criminal
liability?
No, the employment of deceit is not an element of the offense
Q: If the crime committed by the escapeehappens to be treason, murder or
parricide, what is the legal effect on the liability of the person who helps his
escape?
The person who helps the criminal’s escape may be held liable as an accessory
for assisting in the escape of a principal (see: Art.19, par.3)
Q: What is the liability of the escapee if he is not a prisoner by final judgment
and yet manages to escape?
He has no criminal liability
*NB: Evasion of the Service of Sentence requires prior conviction by final
judgment
Q: What is the escapee’s liability if manages to escape while his case is pending
appeal?
The offender has no liability, the case has not yet been decided, He has not yet
been convicted by final judgment
CHAPTER SIX
EVASION OF SERVICE OF SENTENCE
*NB: It helps to review the mechanics of Pardon in relation to this Chapter
Art.157
EVASION OF SERVICE OF SENTENCE
Q: How is this committed?
1. The offender is a convict by final judgment
2. He is serving his sentence which consists of deprivation of liberty
3. He evades the service of sentence by escaping during the term of his sentence
Q: If the prisoner is merely a detention prisoner and not one by final judgment,
may he be held liable for this crime?
No
Q: What if the person does happen to be convicted by final judgment but is a
minor?
He is not liable
*NB: Recall the provisions of RA 9344 (Juvenile Justice and Welfare Act) –
minors are NOT considered ‘convicts by final judgment’ because their sentence is
suspended
Q: And if the accused escaped while his conviction is on appeal?
He is not liable, either. Judgment in this case is not yet final.
Q: Does that hold true even if the appeal was dismissed because he escaped?
Yes
Q: Is Art.157 applicable to the penalty of Destierro?
Yes, destierro is a deprivation of liberty, albeit partial.
*NB: the Spanish text is controlling: ‘sufriendo privacion de libertad’. Destierro
was meant to deprive one of his liberty
Q: What circumstances qualify the offense?
If the evasion of escape takes place –
1. By means of unlawful entry (i.e.: by ‘scaling’ a wall)
2. By breaking doors, windows, gates, walls, roofs or floors
3. By using picklocks, false keys, disguise, deceit, violence, intimidation
4. Through connivance with other convicts of employees of the penal institution
ART. 158
EVASION OF SERVICE OF SENTENCE ON THE OCCASION
OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES
OR OTHER CALAMITIES
Q: How is this committed?
1. The offender is a convict by final judgment, who is confined in a penal
institution
2. There is disorder resulting from conflagration, earthquakes, explosions,
similar
catastrophes or a mutiny in which he has NOT participated
3. He evades the service of sentence by leaving the penal institution where he is
confined on the occasion of such disorder or during a mutiny
4. He fails to give himself up to the authorities within 48hrs following the
issuance of a proclamation by the Chief Executive announcing the passing away
of such calamity
Q: What is being punished by this provision: the leaving of the penal institution
or the failure to give oneself up within 48 hrs?
The failure to give oneself up to the authorities within 48hrs after the
proclamation announcing the end of the calamity
*NB: Because this provision carries with it a sort of ‘loyalty award’, a special
incentive for the conscientious prisoner
Q: What is the legal effect on the accused’s liability if he fails to give himself up
after the specified time?
An additional 1/5 of the unexpired jail time for his original offense will be added
to his sentence
*NB: The added jail time is not to exceed 6 months, of course
Q: And if the accused does turn himself in, what is the legal effect on his liability?
1/5 of his original sentence will be deducted from his remaining jail time
Q: Which is longer – the deduction or the added time?
The deduction (1/5 of the original sentence, vs. the additional penalty of 1/5 of
the unexpired sentence. As always, penal laws should be construed liberally in
favour of the accused)
Q: What is a mutiny?
An organized, unlawful resistance to a superior officer; a revolt
Q: Is there a ‘mutiny’ as contemplated by the law if the accused disarmed the
guards and escaped and the guards do not happen to be his superior officers?
None in this event, neither will there be a reduction of sentence upon surrender
ART.159
OTHER CASES OF EVASION OF SERVICE OF SENTENCE
Q: How is this committed?
1. The offender was a convict by final judgment
2. He was granted a conditional pardon by the Chief Executive
3. He violated any of the conditions of such pardon
Q: Give an example of a condition appended to a pardon
i.e.: ‘the accused shall not violate any of the penal laws of the Philippines’ (the
usual condition fixed to a pardon granted by the President)
Q: What kind of pardon is contemplated by this provision?
Conditional Pardon
Q: And what is the nature of a Conditional Pardon?
It is in the nature of a contract between the accused and the Chief Executive
Q: May the court require the convict to serve the unexpired term of his original
sentence if that sentence does NOT exceed 6 years?
No, it may not
Q: Does the condition extend to special laws?
Yes
Q: In the event that the convict violates any condition appended to the pardon,
may he be arrested and incarcerated without trial?
Yes
Q: May the time the convict spent out of prison be deducted from the unexecuted
portion of his sentence, in the event that he is re‐arrested?
No
Q: What is the time frame for the duration of the conditions of the pardon?
The conditions of the pardon are limited only to the remaining period of the
sentence
Q: Differentiate the legal effects of a violation of conditional pardon and evasion
of service of sentence by escaping
VIOLATION OF A CONDITIONAL EVASION OF SERVICE OF
PARDON SENTENCE BY ESCAPING
Does not cause any injury to the It is an attempt, at least, to evade
right of another person nor does it the penalty inflicted by the courts
disturb the public order upon criminals and thus defeat the
purpose of the law of either
Merely an infringement of the reforming or punishing the
terms stipulated in
 a contract between the President criminals for having disturbed the No, the signature must be fully formed
and the criminal public order
ART.162
CHAPTER SEVEN USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP
COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE Q: How is this committed?
1. The Great Seal of the Republic was counterfeited or the signature or stamp of
ART.160 the Chief Executive was forged by another person (*NB: the offender must not be
COMMISSION OF ANOTHER CRIME DURING the person who committed the forgery)
SERVICE OF PENALTY IMPOSED FOR ANOTHER 2. The offender knew of the counterfeiting or forgery
PREVIOUS OFFENSE 3. He used the counterfeit seal/signature/stamp

Q: How is this committed?
1. The offender was already convicted by final judgment of one offense
2. He committed a new FELONY before beginning to serve such sentence OR
while serving the same (*NB: ‘new felony’ – keep in mind the reserved meaning
for the term felony – acts or omissions punishable by the Revised Penal Code)
Q: Does the second crime have to be a felony?
Yes
Q: What about the first crime?
It does not have to be a felony
Q: If the offender committed the forgery himself, what is his liability?
He is a principal under art.161
Q: Does not the act of using an item forged by somebody else constitute liability
as an accessory?
Generally, it does
Q: What is the difference in this case?
The act committed under art.162 is that of an accessory, but the law imposes a
penalty that is only ONE DEGREE LOWER, although an accessory is generally
punished with a penalty two degrees lower than that of a principal

Q: Is this the same as recidivism? Q: Is this an exception to the general rule on the particeps criminis?
No, Art.160 refers to Quasi‐Recidivism Yes

Q: Differentiate the two SECTION TWO – COUNTERFEITING COINS

RECIDIVISM QUASI‐RECIDIVISM
BOTH the first and second offenses Does not require that the 2 offenses Art.163
must be embraced under the SAME are embraced MAKING AND IMPORTING AND UTTERING FALSE COINS
TITLE of the Revised under the same title of the Code
Penal Code (see: Art.160) Q: How is this committed?
(see: Art.14, par.9) 1. There are false/counterfeited coins
2. The offender either made, imported or uttered such coins
3. In case of uttering such false coins, the offender connived with the
Q: Differentiate Quasi‐Recidivism from Reiteracion counterfeiters or importers
QUASI‐RECIDIVISM REITERACION
Q: When is a coin considered to be ‘false’?
May be committed while sentence Requires that the offender shall
When it is forged or is not authorized by the Government as legal tender
is being served for the first offense, have served out the sentence for the
Q: What if the coin happened to contain 24karats of gold?
or before serving it prior offenses (plural)
The intrinsic value of the coin is immaterial
Q: What is meant by ‘uttering’ false coins?
Contemplates more than one prior
The circulation or delivery or the act of giving the coins away
offense
Q: When is a coin considered to be ‘uttered’?
Q: What is the nature of Quasi‐Recidivism?
When it is paid, or when the offender is caught committing any preparatory act
It is a SPECIAL AGGRAVATING CIRCUMSTANCE where a person, AFTER
prior to its delivery, even though he may not have obtained his intended gain
having been convicted by final judgment of one offense, shall commit a NEW
FELONY before beginning to serve the sentence for the 1st offense OR while
Q: If the offender was caught merely counting the coins before paying them, is he
serving the same.
liable?
Yes, the counting is a preparatory act and is considered to fall within the concept
of ‘uttering’ false coins

Q: What are the legal effects of it?
1. The offender shall be punished by the maximum period of the penalty
prescribed by the law for the new felony
2. It cannot be off‐set by an ordinary mitigating circumstance
Q: Is there a time‐frame when a Quasi‐Recidivist may be pardoned?
Yes, when he turns 70 yrs. old and has already served out his sentence after
reaching the said age
Q: And if he happens to be a habitual criminal?
He may not be pardoned
CHAPTER ONE
FORGERIES
SECTION ONE – FORGING THE SEAL OF GOVERNMENT OF THE
PHILIPPINE ISLANDS,
THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE
ART.161
COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF
THE PHILIPPINE ISLANDS, FORGING THE SIGNATURE
OR STAMP OF THE CHIEF EXECUTIVE
Q: What are the punishable acts under this provision?
1. Forging the Great Seal of the Government of the Philippine Islands
2. Forging the Signature of the President of the Philippines
3. Forging the Stamp of the President of the Philippines
Q: Who has custody of the Great Seal?
The Chief Executive
Q: Is this the same as Falsification of Public Documents?
No, it is an entirely distinct and separate crime
Q: If the accused simply wrote down the initials ‘BA‐III’ to stand for ‘Benigno
Aquino III’, will he be liable?
Q: May coins that are no longer in circulation be considered ‘false coins’ if the
offender chose to counterfeit them?
Yes
*NB: Even former coins withdrawn from circulation may be counterfeited. The
provision does not qualify the word ‘coin’ with the adjective ‘current’
(ps: God I hated statcon so much)
Q: What are the kinds of counterfeited coins under this provision?
1. Silver coin of the PH/ coin of the Central Bank of the Philippines (oh alright,
Bangko Sentral if you insist on the nationalistic term)
2. Coin of minor coinage (i.e.: 1 centavo, 5 centavos etc)
3. Coin of the currency of a Foreign Country
Q: When foreign coins are counterfeited, must they be in circulation?
Yes, the law says ‘currency of a foreign country’
*NB: more statcon. Demonetized coins are no longer considered ‘currency’ –
root word is obvious, the coins must be in circulation. I.e.: if you counterfeited a
Franc, you are not liable because the legal tender/currency of France is now the
Euro
Art.164
MUTILATION OF COINS – IMPORTATION
AND UTTERANCE OF MUTILATED COINS
Q: What are the punishable acts?
1. Mutilating coins of the legal currency, with the further requirement that there
be intent to damage or defraud another
2. Importing or Uttering such mutilated coins, with the further requirement that
there must be connivance with the mutilator or importer in the case of utterance
Q: What is meant by ‘mutilation’?
To diminish by ingenious means the metal in the coin
*NB: this is punishable because the coin diminishes in intrinsic value, one who
utters it receives its legal value in return for a lesser intrinsic value
Q: Does the mutilated coin have to be of legal tender?
Yes, the law uses the words ‘legal currency’
Q: Is mutilation of foreign coins punishable?
No, merely the counterfeiting (see: art.163) of foreign coins is punishable under
the RPC
Art.165
SELLING OF FALSE OR MUTILATED COIN WITHOUT CONNIVANCE
*Trust me, I’m as bored as you are at this point, I have trouble imagining a court
docket actually listing hearings for cases of violations under these provisions
Q: What are the punishable acts?
1. Possession of coin, counterfeited or mutilated by another person, with intent to
utter the same, knowing that it is false or mutilated
**ELEMENTS:
a. Possesion
b. Intent to Utter
c. Knowledge of Falsity
2. Actually uttering such false of mutilated coin, knowing the same to be false or
mutilated
**ELEMENTS
a. Actual Utterance
b. Knowledge of Falsity
NOTES:
*Possession of, or uttering false coins does NOT require that the counterfeited
coin is legal tender
*BUT if the coin being possessed is accompanied by an intent to utter the same,
or it is being uttered, or it is a mutilated coin, it must be of legal tender
*Possession here includes constructive possession
*Possession of false/mutilated coins by the counterfeiters of mutilators
themselves does NOT constitute a separate offense
*Actually uttering false/mutilated coins, knowing them to be so, is a crime under
art.165 EVEN IF there isn’t connivance (see: elements of the 2nd punishable act,
note the absence of connivance as an essential element of the crime)
SECTION THREE – FORGING TREASURY OR BANK NOTES,
OBLIGATIONS AND SECURITIES; IMPORTING AND UTTERING FALSE OR
FORGED NOTES, OBLIGATIONS AND SECURITIES
2. The offender either forged, imported or uttered such instrument
3. In case of uttering, he connived with the forger or importer
Q: What is meant by ‘payable to order’?
‐Drawn payable to the order of a specified person or to him or his order
‐Negotiated by indorsement or delivery
(See: Sec.8, The Negotiable Instruments Law)
Q: Does the article cover instruments or other documents issued by a foreign
government or bank?
Yes, art.167 has no specification of the country or government issuing the
instruments or documents
Q: What is the reason behind this law?
To maintain the integrity of the currency and insure the credit standing of the
government; to prevent the imposition on the public and the government of
worthless notes or obligations; to protect the banking system and the economy
Art.168
ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES
OR OTHER INSTRUMENTS OF CREDIT
Q: How is this committed?
1. Any treasury or bank note or certificate or other obligation and security
payable to bearer, or any instrument payable to order or other document of
credit not payable to bearer is forged or falsified by any person
2. The offender knows that any of those instruments is forged or falsified
3. He –
a. Uses any of such forged/falsified instruments
b. Is in possession with intent to use any of such forged/falsified instruments
Q: Is intent to possess punishable under this article?
No, intent to possess is not synonymous with ‘intent to use’ and is therefore not
an offense punishable by art.168

Art.166 Q: What is the presumption of the law with regard to the person in possession of
FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE a falsified document?
TO BEARER; IMPORTING SUCH FALSE/FORGED NOTES A person in possession of a falsified document and who makes use of it is
AND DOCUMENTS presumed to be the material author of the falsification

Q: What are the punishable acts? NOTES:

1. Forging or Falsifying Treasury of Bank Notes or other documents payable to *Intent to use is sufficient to consummate the crime when the offender is IN
bearer POSSESSION of false/falsified obligations or notes
2. Importation of such false/forged obligations or notes *BUT mere possession WITHOUT intent to use it to the damage of another is not
3. Uttering such false/forged obligations or notes in connivance with the forgers a crime
or importers
Art.169
Q: Differentiate Forgery from Falsification HOW FORGERY IS COMMITTED
Forgery Falsification Q: How is forgery committed?
Giving the appearance of a true or Erasing, Substituting, Counterfeiting 1. By giving to a treasury/bank note or any instrument payable to bearer or to
genuine document or Altering by any means, the order mentioned therein, the appearance of a true and genuine document
figures, letters, words or signs 2. By erasing, substituting, counterfeiting or altering by any means the figures,
To make a false instrument intended letters, words or signs contained therein
to be passed for a genuine one
Q: Does forgery include falsification and counterfeiting?
Q: What is meant by ‘payable to bearable’? Yes
Ownership is transferred to the bearer by mere delivery –
1. When it is expressed to be so payable Q: What are the acts punished under Presidential Decree (PD) 247?
2. When it is payable to a person named therein or to bearer Defacing, mutilating, tearing, burning or destroying, in any manner whatsoever,
3. When it is payable to the order of a fictitious or non‐existing person, and such currency notes and coins issued by the Central Bank of the Philippines
fact was known to the person making it so payable
4. When the name of the payee does not purport to be the name of any person SECTION FOUR – FALSIFICATION OF LEGISLATIVE, PUBLIC,
5. When the only or last indorsement is an indorsement in blank COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH
(See: Sec.9, The Negotiable Instruments Law) AND TELEPHONE MESSAGES

Q: Give examples of ‘obligations and securities’ Art.170

‐bonds FALSIFICATION OF LEGISLATIVE DOCUMENTS
‐certificates of indebtedness Q: How is this committed?
‐coupons 1. There is a bill, resolution or ordinance enacted or approved or pending
‐treasury notes approval by either House of the Legislature or any provincial board or municipal
‐fractional notes council
‐certificates of deposit 2. The offender alters the same
‐bills 3. He has no proper authority therefor
‐checks 4. The alteration has changed the meaning of the document
‐drafts for money
‐other representatives of value issued under any act of Congress Q: Who may commit this crime?
*NB: Philippine National Bank (PNB) checks are commercial documents not Any person who alters a document without the proper authority therefor
covered by art.166
Q: What type of document is contemplated under this article?
NOTES: Legislative documents
*Penalties depend on the kind of forged treasury/bank notes or other documents
*The penalty for forging or falsifying notes and obligations is more severe than Q: May this crime be committed by a public officer who does NOT take
that for counterfeiting coins advantage of his official position?
Yes
Art.167
COUNTERFEITING, IMPORTING AND UTTERING Q: Suppose the City Council passed an Ordinance and when it was transmitted to
INSTRUMENTS NOT PAYABLE TO BEARER the Mayor for his approval, the Mayor changed one of the WHEREAS clauses. Is
he liable?
Q: How is this committed? Yes, the Mayor has no authority to unilaterally change any of the parts of an
1. There is an instrument payable to order or other document of credit NOT ordinance
payable to bearer
Q: Did the Mayor in the foregoing example take advantage of his official
position? How? Q: What are the requisites of counterfeiting?
Yes he did, he took advantage of the fact that the ordinance must first be signed 1. Intent or Attempt to Imitate
by him and changed one of the WHEREAS clauses 2. There must be at least 2 signatures/handwritings/rubrics – the genuine one and
the forged one; and they must bear a resemblance to each other
Q: And if the 2 do not appear the same?
Q: Supposing the Mayor did not take advantage of his position and acted in a The offender may be liable under Art.171, par.2 (causing it to appear that
private capacity, will he still be liable? person/s have participated in an act they did not in fact so participate in)
Yes Q: Under the second mode of commission (causing it to appear that persons have
participated etc), what are the requisites?
Art.171 1. The offender caused it to appear in a document that a person or number of
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE, persons participated in an act or proceeding
OR NOTARY OR ECCLESIASTICAL MINISTER 2. Such person/s did NOT in fact so participate
Q: How is this committed?
1. The offender is a public officer, employee or notary public Q: May the 2nd manner be committed by a private person?
2. He takes advantage of his official position Yes, but the act – if committed by a private individual – is punishable under
3. He falsifies a document by committing any of the following acts: art.172, not art.171
a. Counterfeiting or Imitating any handwriting, signature or rubric;
b. Causing it to appear that persons have participated in any act or proceeding Q: Under the 3rd mode of commission (attributing false statements to persons
when they did NOT in fact so participate; who have participated in an act or proceeding), what are the requisites?
c. Attributing to person who have participated in any act or proceeding 1. A person or group of persons participated in an act or proceeding
statements OTHER than those in fact made by them; 2. He/they made statements in such act/proceeding
d. Making untruthful statements in a narration of facts; 3. The offender, in making the document, attributed to him/them statements other
e. Altering true dates; than those actually made by them
f. Making any alteration or intercalation in a genuine document which changes
its Q: Under the 4th mode of commission, (making untruthful statements), what are
meaning; the requisites?
g. Issuing in authenticated form a document purporting to be a copy of an 1. The offender makes in a document statements in a narration of facts
original 2. He has the legal obligation to disclose the truth of the facts narrated by him
document when no such original exists, or including in such copy a statement 3. The facts narrated by him are absolutely false
contrary to, or different from, that of the genuine original; 4. The perversion of truth in the narration of facts was made with the wrongful
h. Intercalating any instrument or note relative to the issuance thereof in a intent of injuring a third person
protocol, registry, or official book
4. In case the offender is an ecclesiastical minister, the act of falsification is Q: What is meant by ‘legal obligation’ under this article?
committed with respect to any record or document of such character that its There is a law requiring the disclosure of the truth of the facts narrated
falsification may affect the civil status of persons
Q: Does the person making the narration have to be aware of the falsity of the
Q: Differentiate art.170 from art.171 facts narrated by him?
FALSIFICATION OF FALSIFICATION BY Yes
LEGISLATIVE PUBLIC OFFICER,
DOCUMENT EMPLOYEE, OTARY Q: Suppose a Mayoral candidate wrote ‘eligible’ on the certificate of candidacy
(ART.170) OR because he believed he was of sufficient age when he filled up the form, although
ECCLESIASTICAL he actually was not.Is he liable?
MINISTER No
(ART.171)
RE: Type of Document Legislative Documents Public/Official/All Q: Why not?
other documents NOT Because the false narration must be one of FACTS not of a CONCLUSION OF
legislative in nature LAW
RE: Persons Liable Any unauthorized Public Officer,
person Employee or Notary *NB: This is an actual case (see: People v. Yanza, GR. No. 12089, 29 April 1960)
Public – A woman wrote ‘eligible’ because she believed that turning 23 yrs old upon
assuming the councillorship was tantamount to being eligible for running for that
Ecclesiastical Minister, position. Notice that she had no intent to make an untruthful narration of facts
with respect to and she did not actually write a false fact, she made a conclusion of law
falsification of records regarding her eligibility. Had she written ‘I was born on <insert false date>’, she
or documents which would have been liable
affect the status of .
persons Q: Must the narration of fact be completely false?
RE: Manner of Offender need not take Offender must take Yes, because if there is some colourable truth in the statements, the crime of
Commission advantage of his advantage falsification is not deemed to have been committed
official position of his public position
Q: Is wrongful intent necessary when the document falsified is a public one?
Q: When may a public officer be said to ‘take advantage’ of his position? No
1. When he has the duty to make or to prepare or otherwise to intervene in the
preparation of the document Q: May falsification be committed by omission?
2. When he has official custody of the document which he falsifies Yes

Q: What is a ‘document’? Q: Under the 5th manner of commission, (altering true dates), what is the
‐Any written statement by which a right is established or an obligation, controlling requisite?
extinguished The date/s altered must be material to the document
‐A writing or instrument by which a fact may be proven and affirmed

Q: What are the punishable acts which require the use of a GENUINE document?
1. Making an alteration/Intercalation
2. Including in a copy a different statement
3. Intercalating any instrument or note relative to the issuance thereof in any
protocol, registry or official book
*NB: Other acts of falsification may be committed by SIMULATING or
FABRICATING a document and hence do not require the presence of a genuine
one
Q: Is the simulation of public, official or mercantile documents also contemplated
by the article?
Yes – the provision says … ‘shall falsify adocument’ (type of document is not
specified)
Q: Under the 6th manner of commission (making an alteration/intercalation in a
genuine document etc) what are the requisites?
1. There is an alteration (a change) or intercalation (an insertion)
2. It was made on a genuine document
3. The alteration/intercalation has changed the meaning of the document and
4. The change made the document speak something else
Q: Suppose a document was made on 27 April 2012. The document actually bore
’25 April 2012’. The Secretary noticed this and changed the date to the 27th. Is
she liable?
No, alteration which speaks the truth is not falsification. What she did was not a
falsification, it was a correction

Q: Under the first mode (counterfeiting or imitating any handwriting etc), what
are the two ways of committing the crime?
1. Counterfeiting or Imitating any handwriting, signature of rubric
2. Feigning or Simulating any signature, handwriting or rubric which does NOT
in fact exist
*NB: to be liable, the alteration must affect the integrity or change the effects of
the document.
If it was made to safeguard the integrity of the same, there is no criminal
responsibility for the act
Q: Under the 7th manner of commission, (issuing in authenticated form a Prejudice to a 3rd material, damage to
document purporting to be a copy of an actually non‐existent original), must the party is immaterial one’s honour is
offender act in his official capacity? included
Yes, the crime cannot be committed without taking advantage of official positions *nb: damage is NOT
since these acts can be made only by the custodian/the one who prepared and necessary when the
retained a copy of the original document crime involves
introducing falsified
NOTES: documents in judicial
*It is the OFFICIAL CHARACTER of the offender which is mainly taken into proceedings
consideration by art.171 – which is why intent to cause damage or intent to gain Q: Suppose you prepared a solicitation letter and signed Atty. Amurao’s name.
is NOT necessary to consummate the offense What crime did you commit?
Falsification of a private document
*Be that as it may, a PRIVATE INDIVIDUAL who cooperates with a public
officer in the falsification of a public document is guilty of falsification by public Q: And if you followed it up with a real solicitation and appropriated the amount
officer (art.171) and incurs the same liability and penalty as the public officer to yourself?
(recall: particieps criminis – principal by indispensible cooperation) Estafa

*If a false official or public document was used in a CRIMINAL PROCEEDING Q: Through a falsified Pawnshop ticket you were able to redeem certain pieces of
to adversely affect the trial or the admissibility of evidence (i.e.: to prevent or jewelry. What crime did you commit?
prohibit the investigation in a criminal case), the act is punished under Theft through falsification of a commercial document
Presidential Decree 1829 as an act constituting obstruction of justice. Note that
this only applies if the falsification of the document is done in relation to a Q: Suppose a public officer falsified a document, but he did not take advantage of
criminal proceeding his public position. What crime did he commit?
Falsification under art.172
Art.172
FALSIFICATION BY PRIVATE INDIVIDUALS AND Q: Define the four kinds of documents
USE OF FALSIFIED DOCUMENTS PUBLIC OFFICIAL PRIVATE COMMERCIAL
Created, Issued by a Deeds or instruments Any document
Q: What are the punishable acts? executed or public executed by a private defined or
1. Falsification of public, official or commercial document by a private individual issued by a official in the person without the regulated by
2. Falsification of private documents by any person public official exercise of the intervention of a the
3. Use of falsified documents in response to functions of his notary ublic or other Code of
a. Introducing falsified documents in a judicial proceeding the exigencies office person Commerce or
**ELEMENTS: of public legally authorized, any other
i. The offender knew that a document was falsified by another person service or one While it may by commercial
ii. The false document is embraced in art.171 or in any subdivisions, nos. 1 or 2 wherein be considered which document law
of art.172 the execution of a type of some
iii. He introduced said document in evidence in any judicial proceeding which, a public ‘public disposition or Used by
b. Use of falsified documents in any other transaction official document’, the agreement is proved, merchants or
**ELEMENTS: ntervened scope is not as or businessmen to
i. The offender knew that a document was falsified by another person general evidence set forth promote or
ii. The false document is embraced in art.171/ subdivisions nos.1 and 2 or art.172 Any instrument facilitate
iii. He used such document in transactions, but NOT in judicial proceedings authorized by a Required by a trade
iv. The use of the falsified documents caused damage to another or at least it was notary public bureau to be
used or a competent filled by its
with intent to cause such damage public official, officers for
with the purposes of its
Q: What are the 4 kinds of documents that may be the subject of falsification? solemnities record and
1. Public Documents (i.e.: health sanitation forms, etc) required by information,
2. Official Documents (i.e.: letters to government department heads) law for example
*NB: here’s the difference: Public Documents are general in character and have Q: May private documents be considered ‘public’?
for their Scope the public safety. Official documents are those issued in official Yes, i.e.: deeds acknowledged before a notary public, even if falsification was
capacity or by virtue of the duties or functions of office, they do not necessary committed before it was presented to the notary; or when they become parts of an
target the public in general. DO NOT confuse ‘public’ or ‘official’ documents official record and are certified by a public officer duly authorized to do so by
with ‘legislative’ documents – they have different natures and their respective law
falsifications are punished distinctly and separately.
Q: May Estafa be committed through Falsification of Private Documents?
3. Commercial Documents (i.e.: receipts and vouchers) No – the effect or consequence of estafa (i.e.: damage to third persons) is the
4. Private Documents (you don’t need an example for this) same as that of falsifying a private document

Q: Who may commit this crime? Q: How do you then determine which crime must be alleged in the complaint?
‐Private Individuals By the order of commission – If estafa was committed first, then the crime is
‐Public officials who do NOT take advantage of their positions estafa. If the falsification came first, then the crime is falsification of a private
Q: Differentiate this from art.171 document (*NB: ‘find out which crime was committed first –Atty.A)
FALSIFICATION BY FALSIFICATION BY
PUBLIC OFFICER, PRIVATE Q: Is damage to the public necessary under this crime?
EMPLOYEE, NOTARY INDIVIDUALS AND No
OR ECCLESIASTICAL USE OF
MINISTER FALSIFIED Q: What about damage to a third party?
(ART.171) DOCUMENTS Yes, there must be damage caused to a 3rd party or at least that the act was
(ART.172) committed with intent to cause such damage
RE: Type of Document ‐public ‐public
‐official ‐official Q: Suppose you committed the crime of falsification in Makati. You brought the
‐commercial ‐commercial document to Manila and were arrested here. Which court has jurisdiction?
‐private The court in Makati
RE: Persons Liable Public Officer, Private Individuals
Employee or Notary Q: Where may use of a falsified document be done?
Public Public Officers who do 1. In judicial proceedings
not take advantage of 2. In other transactions
Ecclesiastical Minister, their public positions
with respect to Q: Suppose you falsified a document in an administrative case. Will you be
falsification of records liable?
or documents which Yes, ‘other transactions’
affect the status of
persons Q: When is the user of the falsified document deemed to be the author of the
RE: Manner of Offender must take Offender must act in a falsification?
Commission advantage of his public private capacity 1. If the use was so closely connected in time with the falsification, AND
position 2. The user had the capacity for falsifying the document
RE: Damage or Injury Damage is not a Prejudice to a third
Caused necessary element for party is primarily taken Art.173
consummation; into account *nb: FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND
damage need not be TELEPHONE MESSAGES; AND USE OF FALSIFIED MESSAGES
 Q: Suppose you had the intent to use it when the need arises. Will you be liable?
Q: What are the punishable acts? Yes
1. Uttering fictitious, wireless, telegraph or telephone messages
**ELEMENTS: CHAPTER TWO
a. The offender is an officer of employee of a private corporation engaged in the OTHER FALSITIES
service of
sending or receiving wireless, cable, telegraph or telephone messages SECTION ONE – USURPATION OF AUTHORITY, RANK, TITLE
b. He commits any of the following acts: AND IMPROPER UNIFORMS AND INSIGNIA
i. Uttering fictitious, wireless, cable or telegraph/phone messages
ii. Falsifying the said messages Art.177
2. Falsifying wireless, telegraph or telephone messages USURPATION OF AUTHORITY
**see: ELEMENTS of # 1 ANDOFFICIAL FUNCTIONS
3. Using falsified messages Q: How is this committed?
**ELEMENTS: 1. By knowingly and falsely representing oneself to be an officer, agent or
a. The accused knew that the wireless, cable, telegraph/phone message was representative or any department or agency of the Philippine Government or any
falsified foreign government
b. He used such falsified dispatch 2. By performing any act pertaining to any person in authority or public officer of
c. The use resulted in prejudice to a 3rd party or was made with intent to cause the Philippine Government or of a foreign government or any agency therefore,
such prejudice under pretence of official position, and without being lawfully entitled to do so

Q: Give an example of Q: You were at a party. A guest likes you, and in his effort to impress you, he
1)falsifying these messages; introduced himself as Mayor Amurao, when in fact he is not. Is he liable?
2)Uttering them; and Yes
3) using them
Q: What if he introduced himself as the Vice President of Globe
Art.174 Telecommunications?
FALSIFICATION OF MEDICAL CERTIFICATES, He will not be liable – the position he falsely represents is not contemplated by
CERTIFICATES OF MERIT OR SERVICE AND THE LIKE the law
Q: By whom is this committed, and how?
1. Any physician or surgeon who, in connection with the practice of his Q: What is the difference between usurpation of authority and usurpation of
profession, shall issue a false certificate official functions?
2. Any public officer who shall issue a false certificate of merit or service, good USURPATION OF USURPATION OF
conduct or similar circumstances AUTHORITY OFFICIAL
3. Any private person who shall falsify a certificate falling within the classes FUNCTIONS
mentioned in the 2 preceding subdivisions RE: Consummation Mere misrepresentation Performance
RE: Overt Acts Positive, Express and Actual performance of
Q: What is a certificate? Explicit Representation any act pertaining to ‐
Any writing by which testimony is given that a fact has or has not taken place 1) The Government
itself
2) A person in
Q: Give an example of a authority
1) false certificate of merit; 3) A public officer of
2) false certificate of service government

Q: Suppose you asked your father, a doctor, to give you a medical certificate so Q: You violated a traffic regulation. The Metro Manila Development Authority
that you would be excused from your criminal law class today. Who may be liable (MMDA) confiscated your driver’s license. The MMDA officer was previously
under art.174? dismissed from service. Is the officer liable?
My father Yes, He was not lawfully entitled to confiscate a license

Q: And if it was your classmate who forged your father’s signature?
My classmate is liable
Q: What will be your liability if you presented it?
Use of falsified certificates under art.175
Q: A person introduced himself to Chinese merchants as a Bureau of Internal
Revenue (BIR) agent. He examined books, records, accounts, etc. The merchants
called the BIR and were told that the BIR does not have an employee by such a
name. What crime did the person commit?
Usurpation of official functions

Art.175 Q: Are there any other punishable acts under this article?
USING FALSE CERTIFICATES Yes, art.177 also punishes the usurpation of authority of diplomatic or consular
Q: How is this committed? or any other official of a foreign government or those of the Philippine
1. A physician or surgeon had issued a false medical certificate or a false government
certificate of merit/service/good conduct or similar circumstances, OR a private
person had falsified any Art.178
of the said certificates USING FICTITIOUS NAME AND
2. The offender knew that the certificate was false CONCEALING TRUE NAME
3. He used the same
Q: How is this committed?
Q: Give an example 1. Use of a fictitious name
**ELEMENTS:
SECTION SIX – a. The offender uses a name other than his real name
MANUFACTURING, IMPORTING AND POSSESSION OF b. He uses that fictitious name publicly
INSTRUMENTS OR IMPLEMENTS INTENDED FOR c. His purpose is –
THE COMMISSION OF FALSIFICATION To conceal a crime; or
To evade the execution of a judgment; or
Art.176 To cause damage to public interest
MANUFACTURING AND POSSESSION OF INSTRUMENTS 2. Concealing true name
AND IMPLEMENTS OF FALSIFICATION **ELEMENTS:
a. The offender conceals –
Q: How is this committed? His true name; and
1. By making or introducing into the PH any stamps, dies, marks, or other All other personal circumstances
instruments or implements for counterfeiting or falsification b. His purpose is to conceal his true identity
2. By possessing with intent to use the instruments or implements for
counterfeiting or falsification made in, or introduced into the PH by another Q: What is a fictitious name?
person Any name which a person uses publicly, which he applies to himself without
authority of law
Q: Suppose there was a raid on your house and the police officers saw equipment
used for falsification or making Philippine money. May you be liable? Q: What is meant by ‘authority of law’ in this case?
No, mere possession does not make me liable – the possession must be 1. That a person’s name is appears in the records of the Civil Registry, for
accompanied by intent to use the equipment citizens of the Philippines
2. That an alien’s name is appears on the records of the Bureau of Immigration
Q: Suppose your grandmother gave you instruments or implements for
falsification. You hid it in your jewelry box as a memento of her. Will you be Q: Will the use of a fictitious name make one liable in all cases?
liable? No, there are exceptions
No
Q: Give examples of the use of fictitious names which does not carry with it any
criminal liability

Q: If damage is caused by concealing one’s true name to a private individual,

and not the public, what crime is committed?
Estafa
Art.181
Art.179 FALSE TESTIMONY FAVORABLE TO THE DEFENDANT
ILLEGAL USE OF UNIFORMS OR INSIGNIA
Q: How is this committed? Q: Why is finality a necessary element here, as well as in art.180?
1. The offender makes use of insignia, uniform or dress Because the penalty for both crimes depends upon the punishment to which the
2. The insignia, uniform or dress pertains to an office NOT held by the offender accused is finally sentenced
OR to a class of persons of which he is not a member
3. The said insignia, uniform or dress is used publicly and improperly Q: What if the false testimony did not directly influence the decision of acquittal,
or did not directly benefit the accused?
Q: Suppose a PNP officer is dismissed from the service but he still wore his It is still punishable, Intent to favour the accused is sufficient for criminal liability
uniform when he attended a public function. Is he liable? to attach
Yes, he was already dismissed from office and the uniform now pertains to an
office which he does not hold Q: Suppose you happen to be the defendant. You voluntarily take the witness
Q: And if a lay person wore the ecclesiastical robes of a priest? stand and testify falsely, albeit favourably in your behalf. Are you liable?
That person is liable, the clothing he wore pertains to a class of persons which he Yes
is not a member of
Q: And if you were asked a question and you merely denied the commission of the
Q: A group of prostitutes wore the uniforms of Assumption College, College of crime, are you liable?
the Holy Spirit and Centro Escolar University. Are they liable? No
Yes, the dress they wore pertains to a class of which they are not members
Art.182
Q: Does the uniform/insignia/dress have to be an exact replication of the original FALSE TESTIMONY IN CIVIL CASES
one? Q: How is this committed?
No, a colourable resemblance calculated to deceive the common run of people is 1. The testimony must be given in a civil case
sufficient 2. It must relate to the issues presented in said case
3. It must be false
Q: Is the wearing or a badge or emblem of rank of the Armed Forces of the 4. It must be given by the defendant knowing it to be false
Philippines punishable under this article? 5. It must be malicious and given with intent to affect the issues presented in the
No, it is punishable under Republic Act 439 case

Q: What about the manufacture or sale of these military uniforms without proper Q: Suppose a person died intestate. The heirs cannot agree extrajudicially so they
authority? brought the case for judicial settlement. In the course of the settlement hearings,
The manufacture or sale is not punishable under art.179, but under Executive one heir testified falsely. Is he liable?
Order No. 297 No – Judicial settlement is NOT a civil case, it is a special proceeding
He may be liable for perjury
SECTION TWO – FALSE TESTIMONY
Art.180 Q: Suppose in a guardianship proceeding that was pending in court, you testified
FALSE TESTIMONY AGAINST A DEFENDANT falsely in your favour. Are you liable? What crime did you commit?
No, I am not liable under art.181 – Guardianship proceedings are special in
Q: How is this committed? nature
1. There is a criminal proceeding I committed perjury
2. The offender testifies falsely under oath against the defendant therein
3. He knows that the testimony he gives is false Q: In an election protest, the defeated candidate testified falsely. Is he liable?
4. The defendant against whom the false testimony is given is either acquitted OR No, an electoral case is special in nature
convicted by final judgment
Q: What is the character of the penalty in this case?
Q: Suppose you testified falsely against a battalion of solders in a court martial The penalty in art.182 depends on the amount of the controversy
proceeding. Are you liable?
No – court martial proceedings are executive in nature and are not criminal Art.183
proceedings FALSE TESTIMONY IN OTHER CASES AND
PERJURY IN SOLEMN AFFIRMATION
Q: Suppose that in a homicide case, the offender testified falsely but the testimony
was not believed by the court. Is he liable? Q: What are the ways of committing perjury?
Yes 1. By falsely testifying under oath; or
2. By making a false affidavit
Q: Why is that? *NB: Falsely testifying under oath should NOT be done in a judicial proceeding,
Credence lent by the court to the testimony is immaterial. What is punishable is else arts.180/181/182 apply
the act of giving a false testimony per se
Q: How is perjury committed?
Q: You testified falsely in a civil case. Are you liable? 1. The accused made a statement under oath or executed an affidavit upon a
No, not under art.180 material matter
2. The statement or affidavit was made before a competent officer, authorized to
Q: And if you testified falsely in a petition for adoption? In an electoral case receive and administer oaths
before the HRET? 3. In that statement/affidavit, the accused made a wilful and deliberate assertion
I am not liable, the foregoing are special proceedings, not criminal proceedings of a falsehood
4. The sworn statement or affidavit containing the falsity is required by law
Q: By the way, what is a ‘civil action’?
An action brought for – Q: What is an oath?
1. The protection or enforcement of a right Any form of attestation by which a person signifies that he is bound in conscience
2. The prevention or redress of a wrong to perform an act faithfully and truthfully. It involves the idea of calling upon
God to witness what is averred as truth, and it is supposed to be accompanied by
Q: You testified in a criminal case against your neighbour. Your testimony was a an invocation of His vengeance or a renunciation of his favour in the event of a
false one, one beyond the realm of normal human experience, and the court found falsehood
it to be so. Are you liable?
Yes *NB: think: for people who believe in the existence of God. If you don’t, you
undertake an affirmation
Q: Suppose you testified falsely in your own favour. May you be prosecuted for
false testimony? Q: How is it different from an affirmation?
Yes – the right to testify on one’s behalf does NOT carry with it the right to testify An affirmation does not involve the idea of belief in God and in His vengeance
falsely

Q: How is the offender punished as far as false testimony goes? Q: Why is an oath/affirmation necessary, to begin with?
The penalty depends upon the sentence of the defendant (i.e.: acquittal or An oath or affirmation exposes the witness/affiant to the peril of perjury should a
conviction) falsehood be committed

*NB: This is why you’re required to take an oath on things like filling in forms –
giving testimony, etc., should you chose to lie notwithstanding your
oath/affirmation, criminal liability for perjury attaches. That’s why unverified
complaints are prone to dismissal – legally speaking; nobody is willing to believe
a statement of facts unless the person making the statement puts his own neck on
the chopping block by swearing – under pain of criminal liability – that he is
speaking the truth
Q: An employee in a labour case testified falsely. What crime did he commit?
Perjury, labour cases are quasi‐judicial in nature
Q: Supposing you and your fiancé are applying for a marriage license. Your
fiancé wrote his civil status to be ‘single’ when in fact his previous marriage is
still valid. What crime did he commit?
Perjury – Civil status is a material matter in an application for marriage license
Q: Suppose he wrote ‘Chinese’ as his citizenship, instead of ‘Filipino’ as should
be the case. What crime did he commit?
He did not commit any crime – Citizenship is NOT a material matter in an
application for marriage license
*NB: note how the concept of materiality is a relative one, depending on the
circumstances and facts
Q: Suppose your fiancé is a widower and he wrote ‘single’ as his civil status?
He did not commit any crime, the loss of his previous wife extinguished the
marriage, the license will still be issued and he is in fact single
*NB: ah, persons. It helps to reason with other branches of law – as long as
you’re sure of what you’re saying
Q: Suppose you wrote ’23 years old’ as your age in that same application for a
marriage license. You are in fact 16. What crime did you commit?
Perjury – Age is a material matter in an application for marriage license. Only
persons who have attained legal age are allowed to apply for one
Q: Define a ‘material matter’
A material matter is –
1. The main fact which is the subject of the inquiry or any circumstance which
tends to prove that fact; or
2. Any fact or circumstance which tends to corroborate or strengthen the
testimony relative to the subject of inquiry; or
3. One which legitimately affects the credibility of any witness who testifies
*NB: the test of materiality is whether a false statement can influence the
tribunal, not whether it actually does or could probably influence the result of
trial
(People v. Banzil, CA‐GR No. 22964‐R, 56 OG 4929)
Q: Suppose you want to run as Congressman. In the Certificate of Candidacy,
you wrote ’40 years old’ when in fact you are only 20. What crime did you
commit?
Perjury – Age is a material matter, sec.6, art.VI of the 1987 Constitution fixes the
minimum age for a Congressman at 25 years
Q: Suppose you wanted to be Mayor of your town. You wrote your age as ’35
years old’, when you are only 20. What crime did you commit?
Perjury
Q: You wanted to run for Senator. You wrote your age as ’45 years old’ when you
really are 50. Are you liable?
No, Either way, I am still qualified to run
Q: Supposing you finished Law here at San Beda and applied to take the Bar
Examinations. You were previously convicted of a crime, but you declared in
your application that you do not have a criminal record. Are you liable?
Yes, previous conviction is a material matter in an application for taking the bar
exams
Q: If you gave a false testimony relating to an act of terrorism, what crime did
you commit?
A violation of Republic Act 9372 – the Human Security Act and Terrorism Law
*NB: Under the said law, any false testimony given in relation to the crime of
Terrorism, as defined under the statute, are punishable thereby
Q: May perjury be committed through negligence or imprudence?
No, one of the requisites of perjury is wilful and deliberate assertion of falsehood
*Here’s a trick: when the elements of a crime require criminal intent, think:
wilful and deliberate/intentional/I‐really‐mean‐to‐do‐this‐and‐screw‐the‐
consequences kind of assertion of will, good faith is a defence. Obviously, if you
DIDN’T mean to do it, or you did it without any malice, you’ve negated the
element of criminal intent in which case, you knock out one essential requisite of
the crime charged (Kimiko, paraphrasing Atty.A – yeah, I’m bad at sounding
serious)
Q: Is good faith a defence?
Yes, because the false assertion must be intentional
Q: Suppose you executed a false Affidavit of Loss. You stated that your driver’s
license was lost when your wallet was snatched, when in fact the license had been
confiscated. What crime did you commit?
Perjury
Q: Same facts, except that you had the affidavit notarized by someone whose
license for the job was already expired. May you be liable for perjury?
No, the element of competent authority is lacking I may, however, be liable for
Falsification of Private Documents
Q: Who is a ‘competent’ person, in the contemplation of this article?
Someone authorized to administer oaths – A person who has the right to inquire
into the questions presented to him upon matters under his jurisdiction
Q: Is it necessary that there be a specific provision of law requiring the
affidavit/sworn statement to be made?
Not really. HOWEVER, the 4th element may be read to say ‘that the sworn
statement containing the falsity is authorized by law’ (i.e.: as long as it was made
for a legal purpose) (People v. Angangco, unpublished – GR No. L‐47693,
October 12, 1943)
Q: Supposing you and your fiancé executed an application for marriage license.
You had it notarized by someone who, by all appearances, was a notary public.
He turned out to be a cigarette vendor. Will you be liable?
No, there is a lack of a competent person
Q: Suppose you are placed under oath before the Secretary of the Civil Registry
of your municipality. Will you be liable for perjury if you assert a falsehood?
No, the secretary is not a competent person within the contemplation of the
provision
Q: Suppose the Senate invited Jocjoc Bolante to one of the Senate hearings
regarding the Fertilizer Scam. Bolante made a wilful assertion of falsehood.
What crime did he commit?
Perjury
Q: Suppose you are a journalist. In your column you glorified Bolante as a
person of genuine honesty and integrity, one to be emulated by all Filipinos.
What crime did you commit?
Unlawful Use of Means of Publication (art.154, 2nd manner of commission)
*NB: ‘By encouraging disobedience to the law or to the constituted authorities or
by praising, justifying, or extolling any act punished by law, by the same means
or by words, utterances, or speeches’ (art.154, par.2)
Q: Supposing in a homicide case, you testified as a witness and stated that you
were actually present during the crime when in fact, you were sleeping in your
own residence. The accused was found guilty as charged. What crime did you
commit?
False Testimony against a Defendant (art.180); (see: elements of art.180)
Q: Supposing in an application for marriage license, you placed ‘single’ as your
civil status. A family court previously promulgated a Decree of Legal Separation
with regards to your marriage. Will you be liable for perjury?
Yes, a Decree of Legal Separation does not extinguish the matrimonial ties. It
does not grant the right to re‐marry, because it is merely separation ‘a mensa et
thoro’ (in bed and board). My civil status does not revert back to ‘single’ by
virtue of the decree
Q: Suppose you are applying for the Civil Service Examination. In the
application, you declared that you believe you are a person of good moral
character. You were previously convicted of rape, homicide and physical injuries.
Are you liable?
No
Q: Why not?
My declaration was one in the nature of an opinion, not a statement of fact
Q: Suppose Miss Philippines submitted an affidavit stating that she is beautiful.
The statement is false. Is she liable?
No, she made a statement of opinion
*NB: notice here that there’s a key difference between making a false statement
of FACT and a false OPINION. Perjury pertains to false statements of facts.
You’re not allowed to lie under oath, you are however entitled to false opinions,
think: delusions of grandeur :D
Q: Is perjury a crime other than false testimony in criminal/civil cases?
Yes, It pertains to perversions of truth in non‐judicial proceedings
Q: What if you made false statements to the Public Prosecutor during the
preliminary investigation; or to the Presiding Judge during pre‐trial?
I may still be liable for perjury
Q: Why?
Because False Testimony in judicial proceedings contemplates an actual trial
where a judgment of conviction or acquittal is rendered
Q: Are 2 contradictory sworn statements sufficient to convict someone of
perjury?
No, the prosecution must prove which of the 2 is false and show by OTHER
EVIDENCE (not the contradictory statements) that it is indeed false and was
made knowingly
NOTES
*Under the Revised Penal Code, there is no longer a separate crime of
‘SUBORNATION OF PERJURY’. This crime used to be penalized by the Old
Code but was deleted upon revision. For purposes of definition, subornation of
perjury is committed by a person who knowingly and wilfully procures another to
swear falsely; and the witness suborned actually does testify under circumstances
rendering him guilty of perjury.
*The direct induction of a person by another to commit perjury may be punished
under art.183 in relation to art.17 (hello, particeps criminis) – The person who
commits subornation of perjury is a principal by inducement in plain perjury, and
the person suborned is a principal by direct participation, both being liable for
plain perjury.
Art.184
OFFERING FALSE TESTIMONY IN EVIDENCE
Q: How is this committed?
1. The offender offered in evidence a false witness or false testimony
2. He knew the witness or testimony to be false
3. The offer was made in a judicial OR official proceeding
Q: Does the false witness have to testify?
Yes
*NB: Under the Rules for the Offer of Evidence (Sec.35, Rule 132, Rules of
Court), as far as testimonial evidence is concerned, the offer begins the moment a
witness is called to the stand and interrogated by counsel. Obviously, the witness
has to testify.
NOTES:
*Even if there is a conspiracy to offer false witness (between the witness himself
and the person offering him), if the witness desisted before testifying, the latter is
not liable. The party not having desisted is liable
*Art.184 applies when the offender does NOT induce a witness to testify falsely,
but merely offers the false witness in evidence. If the former happens, i.e.: if there
is induction, art. 180/181/182/183 in relation to art.7, par.2 applies
*If perjury was committed in connection with the Anti‐Terrorism Law (RA 9372),
the act is punishable under RA 9372
CHAPTER THREE
FRAUDS
SECTION ONE – MACHINATIONS, MONOPOLIES AND COMBINATIONS
Art.185
MACHINATIONS IN PUBLIC AUCTIONS
Q: How is this committed?
1. By soliciting any gift or promise as a consideration for refraining from taking
part in any public auction
**ELEMENTS:
a. There is a public auction
b. The accused solicited any gift/promise from any of the bidders
c. Such gift/promise was the consideration for his refraining from taking part in
that public auction
d. The accused had the intent to cause the reduction of the price of the thing
auctioned
2. By attempting to cause bidders to stay away from an auction by threats, gifts,
promises, or any other artifice
**ELEMENTS:
a. There is a public auction
b. The accused attempted to cause the bidders to stay away from that public
auction
c. It was done by threats, gifts, promises, or any other artifice
d. The accused had the intent to cause the reduction of the price of the thing
auctioned
Q: What is the reason behind the law?
To ensure free access to, as well as the integrity of public auctions
Q: What is the purpose of an auction?
To get the highest bid for the thing auctioned
Q: What consummates the crime?
‐Mere solicitation, in the first manner
‐Mere attempt to cause bidders to stay away through the use of threats, gifts,
promises, or any other artifice, in the second manner
Q: Suppose you offered a gift in order to get a bidder to stay away from the
auction. Your offer was not accepted. Are you liable?
Yes, the mere attempt consummates the crime
Q: Give an example
Art.186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
Q: What are the punishable acts?
1. Combination to prevent free competition in the market
‐ By entering into any contract/agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or commerce
or to prevent by artificial means free competition in the market
2. Monopoly to restrain free competition in the market
‐ By monopolizing any merchandise or object of trade or commerce, or by
combining with any other person/s to monopolize said merchandise or object in
order to alter the prices thereof by spreading false rumours or making use of any
other artifice to restrain free competition in the market
Q: May this be committed by a single person?
No
Q: Will you consider this as conspiracy?
Yes
Q: Give an example of this
SECTION TWO – FRAUDS IN COMMERCE AND INDUSTRY
Art.187
IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER,
OR OTHER PRECIOUS METALS OR THEIR ALLOYS
Q: How is this committed?
1. The offender imports, sells, or disposes of any of those articles or merchandise
(gold, silver, other precious metals and their alloys)
2. The stamps, brands or marks of those articles of merchandise fail to indicate
the actual fineness or quality of those metals/alloys
3. The offender knows that the stamps, brands, or marks fail to indicate actual
fineness
Q: What are the merchandise involved?
1. Gold
2. Silver
3. Precious metals
4. Gold/silver/precious metal alloys
Q: What are the standards used for punishing the failure to indicate actual
fineness?
When actual fineness is –
‐less than one‐half karat for gold
‐less than four one‐thousandths for silver
‐less than three one‐thousandths for other articles such as watches
*NB: ARTS.188‐189: NO LONGER APPLICABLE
MIDTERM REMINDERS: THE SYLLOGISM STYLE OF REASONING
Three components (in THIS particular order):
I. Major Premise
II. Minor Premise
III. Conclusion
The major premise is the ANSWER to the problem. It may be a PROVISION OF
LAW, a SUPREME COURT DECISION or an ESTABLISHED LEGAL
PRINCIPLE
The minor premise is composed of the PERTINENT AND RELEVANT FACTS of
the problem
The conclusion is the APPLICATION of the minor premise to the major premise.
It should SUPPORT the ANSWER. If it doesn’t, there’s something wrong with
your analysis.
SAMPLE:
A police officer entered your house by opening the door which at the time was
closed. What crime did he commit?
I. MAJOR PREMISE:
Violation of Domicile
II. MINOR PREMISE OR FACTS:
Violation of Domicile is committed by… xxx Any public officer gaining entry into
another’s dwelling without the homeowner’s permission. A dwelling is defined as
a place which satisfies the domestic life of a person. The homeowner’s house, in
this case, amply qualifies under the definition of ‘dwelling’.
Moreover, the fact that the door to the dwelling was closed constitutes a form of
implied prohibition. While it may not have been locked or there may not have
been a sign which says ‘Do Not Enter’ or a prohibition of that nature, it is clear
nonetheless that by closing the door, the owner did not wish
strangers to enter without his leave. It is true that the provision admits of certain
exceptions, i.e.: that of entry by virtue of a validly obtained search warrant, but
the facts do not state that the officer did in fact possess such a warrant.
III. CONCLUSION:
The acts of the officer put him squarely within the contemplation of the law
insofar as this crime is concerned. Therefore, by opening the closed door without
first having secured the permission of the owner, the officer committed the crime
of Violation of Domicile.

p. 95