TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE 133. OFFENDING ARTICLE 134. REBELLION/ ARTICLE
RELIGIOUS FEELINGS INSURRECTION
 
  1. That the acts complained of 1. That there be:
  were performed: a. Public uprising; and
b. Taking up of arms against
  a. In a place devoted to the government.
 rebellion – when two or
  religious worship
  (not office or employment;
necessary that there is a 2. For the purpose of:
religious worship); or
a. Removing from the
b. During the celebration of allegiance to said
any religious ceremony; Government or its laws:
2. That the acts must be i. The territory of the
notoriously offensive to the Philippines, or any part
feelings of the faithful. thereof; or
ii. Any body of land, naval
or other armed forces; or
b. Depriving the Chief
Executive or Congress,
wholly or partially, of any
of their powers or
prerogatives.
134-A. COUP ARTICLE 135.
D’ETAT
1. That the offender is a
person or persons
belonging to military or
police or holding any public
2. That it is committed by
means of a swift attack,
accompanied by violence,
intimidation, threat,
strategy, or stealth;
3. That the attack is directed
against duly constituted
authorities of the Republic
of the Philippines or any
military camp, or
installation, or
communication networks,
public utilities or other
facilities needed for the
exercise and continued
possession of power;
4. That the purpose of the
attack is to seize or
diminish state power.
PENALTY ARTICLE 136. CONSPIRACY
FOR REBELLION OR & PROPOSAL TO COMMIT
INSURRECTION OR COUP REBELLION, INSUR-
D’ETAT RECTION OR COUP D’ ETAT
Persons liable for rebellion, 1. Conspiracy to commit
insurrection and/or coup d’etat:
more persons come to an
The leaders – agreement to rise publicly
Any person who and take arms against the
a. Promotes; Government for any of the
b. Maintains; or purposes of rebellion and
c. Heads a rebellion or decide to commit it
insurrection; or
2. Proposal to commit
Any person who – rebellion – when the
a. Leads; person who has decided to
b. Directs; or rise publicly and take arms
c. Commands others to against the Government for
undertake a coup d’etat; any of the purposes of
rebellion proposes its
The participants – execution to some other
Any person who person or persons
1. Participates; or
2. Executes the
commands of others in
rebellion, or insurrection;
Any person in the
government service who
1. Participates; or
2. Executes directions or
commands of others in
undertaking a coup d’etat;

Any person not in the

government service who
1. Participates;
2. Supports;
3. Finances;
4. Abets; or
5. Aids in undertaking a
coup d’etat.

5     RICARDO  M.  RIBO  JR.  

 TITLE THREE: CRIMES AGAINST PUBLIC ORDER

ARTICLE 137 DISLOYALTY ARTICLE 138. INCITING ARTICLE 139. SEDITION ARTICLE 140. ARTICLE 142. INCITING Elements of act no. 1:
OF PUBLIC OFFICERS/ TO REBELLION/ PENALTY FOR TO SEDITION
EMPLOYEES INSURRECTION 1. That the offenders rise: SEDITION 1. That the offender does not
a. Publicly; and Acts Punished: take direct part in the crime
Acts Punished 1. That the offender does not b. Tumultuously; Persons liable: of sedition;
take up arms or is not in 1. Inciting others to commit
1. Failing to resist a rebellion open hostility against the 2. That they employ force, 1. The leader of the sedition by means of 2. That he incites others to the
by all means in their power; Government; intimidation, or other sedition; speeches, accomplishment of any of
means outside of legal proclamations, writings, the acts which constitute
2. Continuing to discharge the 2. That he incites others to methods; 2. Other persons emblems cartoons, sedition;
duties of their office under the execution of any of the participating in the banners, or other
the control of the rebels; acts of rebellion; 3. That the offenders employ sedition. representations tending 3. That the inciting is done by
any of those means to to the same end; means of speeches,
3. Accepting appointment to 3. That the inciting is done by attain any of the following proclamations, writings,
office under the rebels. means of speeches, objects: 2. Uttering seditious words emblems, cartoons, banners,
proclamations, writings, ARTICLE 141. or speeches which tend or other representations
emblems, banners or other a. To prevent the CONSPIRACY TO to disturb the public tending to the same end.
representations promulgation or execution COMMIT SEDITION peace;
(SPWEBO) tending to the of any law or the holding of Acts nos. 2 & 3 punishable
same end any popular election; Only Conspiracy to 3. Writing, publishing, or when:
commit sedition is circulating scurrilous
b. To prevent the punishable and not libels against the 1. They tend to disturb or
government or any public proposal to commit Government or any of its obstruct any lawful officer in
officer from freely sedition. duly constituted executing the functions of his
exercising its or his authorities. office;
functions, or prevent the There must be an
execution of any agreement both to attain 4. Knowingly concealing 2. They tend to instigate others
Administrative Order; an object of sedition and such evil practices. to cabal and meet together
to rise publicly and for unlawful purposes;
c. To inflict any act of hate tumultuously.
or revenge upon the 3. They suggest or incite
person or property of any rebellious conspiracies or
public officer or employee; riots or

d. To commit, for any 4. They lead or tend to stir up

political or social end, the people against the lawful
any act of hate or revenge authorities or disturb the
against private persons or peace of the community, and
any social class; the safety and order of the
Government
e. To despoil, for any
.   political or social end, any
person or the government
of all its property or any
6     part thereof.
 CHAPTER TWO: CRIMES AGAINST POPULAR REPRESENTATION CHAPTER 3: ILLEGAL ASSMBLIES/ASSOCIATIONS

SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES SECTION 2: VIOLATION OF ARTICLE 146 ILLEGAL ARTICLE 147 ILLEGAL
AND SIMILAR BODIES PARLIAMENTARY ASSEMBLIES ASSOCIATIONS
, ARTICLE 143. ACTS ARTICLE IMMUNITY
  TENDING TO PREVENT THE 144.DISTURBANCE OF Forms of Illegal Prohibited
MEETING OF THE PROCEEDINGS ARTICLE 145 VIOLATION Assemblies: associations:
ASSEMBLY AND SIMILAR OF PARLIAMENTARY 1. Any meeting attended 2. Any meeting in which the Association totally or
BODIES IMMUNITY by armed persons for the audience, whether armed or partially organized for:
1. That there be a meeting of purpose of committing any not, is incited to the
1. That there be a projected or Congress or any of its Acts Punished of the crimes punishable commission of the crime of 1. The purpose of
actual meeting of the committees or under the Code treason, rebellion or committing any of the
National Assembly or any of subcommittees, 1. Using force, intimidation, insurrection, sedition, or crimes punishable
its committees or constitutional commissions threats, or frauds to prevent Requisites: assault upon a person in under the Code, or
subcommittees, or committees or divisions any member from: a. That there is a meeting, authority
constitutional commissions thereof, or any provincial gathering or group of 2. Some purpose
or committees or divisions board or city or municipal a. Attending the meetings persons, whether in a Requisites: contrary to public
thereof, or of any provincial council or board; of Congress or any of fixed place or moving; morals.
board or city or municipal its subcommittees, a. That there is a meeting, a
council or board; 2. That the offender does any commissions or b. That the meeting is gathering or group of
of the following acts: divisions thereof, or attended by armed persons, whether in a fixed
2. That the offender, who may from committees or persons; place or moving;
be any person, prevents a. He disturbs any of such constitutional
such meeting by force or meetings; committees or c. That the purpose of the b. That the audiences,
fraud. meeting is to commit whether armed or not, is
b. He behaves while in the b. Expressing his any of the crimes incited to the commission of
presence of any such opinions or punishable under the the crime of treason,
bodies in such a manner Code. rebellion or insurrection,
as to interrupt its c. Casting his vote sedition or direct assault.
proceedings or to impair
the respect due it. 2. Arresting or searching any
member while Congress is in Presumptions:
session, except in cases If any person carries an
where such member has unlicensed firearm, it is
committed a crime presumed that:
punishable under the Code
by a penalty higher than 1. The purpose of the meeting
prision mayor. insofar as he is concerned is
to commit acts punishable
under the RPC, and

2. He is considered a leader or
organizer of the meeting

RICARDO  M.  RIBO  JR.  

7
 
 

ARTICLE 152. PERSONS
.
 
IN AUTHORITY
Public Officer (PO)1. Without public uprising,
Any person who takes
part in the performance of
public functions in the
government.
Person in Authority (PA)
Elements:
Any person directly vested
with jurisdiction, whether
as an individual or as a
member of some court or
governmental corporation,
board commission.
Agent of a Person in
Authority (APA)
Any person who, by direct
provision of law or by
election or by appointment
by competent authority, is
charged with the
maintenance of public
order and the protection
and security of life and
property.
8
 
CHAPTER FOUR: ASSAULT UPON, AND RESISTANCE & DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS
ARTICLE 148 DIRECT 2. Without public uprising, by ARTICLE 149 ARTICLE 150. ARTICLE 151 RESISTANCE
IN AUTHORITY & ASSAULT attacking, by employing force or INDIRECT DISOBEDIENCE TO & DISOBEDIENCE TO A
AGENTS OF PERSONS seriously intimidating or by ASSAULT SUMMONS ISSUED BY THE PERSON IN AUTHORITY OR
Two ways to commit: seriously resisting any PA or APA, NAT’L ASSEMBLY, ITS THE AGENTS OF SUCH
while engaged in the performance 1. That a PA or an COMMITTEES OR PERSON
of official duties, or on the occasion APA is the victim SUBCOMMITTEES, BY THE
by employing force or of such performance of any of the CONSTITUTIONAL Elements of resistance &
intimidation for the forms of direct COMMISSION, ITS serious disobedience:
attainment of any of the Elements: assault defined in COMMITTEES,
purposes enumerated in a. That the offender: Art. 148; SUBCOMMITTEE OR 1. That a PA or his APA is
defining the crimes of i. Makes an attack (equivalent to DIVISIONS engaged in the performance
sedition & rebellion aggression), 2. That a person of official duty or gives a
ii. Employs force comes to the aid Acts punished: lawful order to the offender;
iii. Makes a serious intimidation of the APA;
a. That the offender (unlawful coercion, duress, 1. Refusing, without legal 2. That the offender resists or
employs force or putting someone in fear, 3. That the offender excuse, to obey summons of seriously disobeys such
intimidation; exertion of an influence in the makes use of Congress, or any person in authority or his
mind which must be both force or commission or committee agent;
b. That the aim of the immediate and serious), or intimidation upon chairman or member
offender is to attain iv. Makes a serious resistance (if such person authorized to summon 3. That the act of the offender
any of the purposes of not serious, crime committed coming to the aid witnesses; is not included in the
the crime of rebellion may be that under resistance of the APA. provisions of Arts. 148-150.
or any of the objects and disobedience); 2. Refusing to be sworn or
of the crime of placed under affirmation Elements of simple
sedition; b. That the person assaulted is a while before such legislative disobedience:
person in authority or his agent; or constitutional body or
c. That there is no public official; 1. That an APA is engaged in
uprising. c. That at the time of the assault the the performance of official
person in authority or his agent: 3. Refusing to answer any duty or gives a lawful order
i. Is engaged in the actual legal inquiry or to produce to the offender;
performance of official duties, any books, papers, 2. That the offender disobeys
or documents, or records in his such APA;
ii. That he is assaulted by reason possession, when required
of the past performance of his by them to do so in the 3. That such disobedience is
official duties; exercise of their functions; not of a serious nature.
d. That the offender knows that the 4. Restraining another from
one he is assaulting is a person in attending as a witness in
authority or his agent in the exercise such legislative or
of his duties; constitutional body;
e. That there is no public uprising 5. Inducing disobedience to
summons or refusal to be
sworn by any such body or
official

ARTICLE 153 TUMULTS &
  154 UNLAWFUL ARTICLE 155 ALARMS &
  OF
OTHER DISTURBANCES
PUBLIC ORDER
Acts punished:
1. Causing any serious
disturbance in a public place,
office or establishment;
2. Interrupting or disturbing
public performances,
functions or gatherings, or
peaceful meetings, if the act
is not included in Arts. 131-
132;
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.
9
CHAPTER FIVE: PUBLIC DISORDER CHAPTER SIX: EVASION OF SERVICE OF SENTENCE
ARTICLE .C
ARTICLE 156 DELIVERY ARTICLE 157 ARTICLE 158 EVASION
USE OF MEANS OF SCANDALS OF PRISONERS FROM EVASION OF SERVICE OF OF SENTENCE ON THE
PUBLICATION AND JAIL SENTENCE OCCASION OF
UNLAWFUL UTTERANCES Acts punished: DISORDERS,
1. That there is a person 1. That the offender is a CONFLAGRATIONS,
Acts punished: 1. Discharging any firearm, confined in a jail or convict by final judgment; EARTHQUAKES, OR
rocket, firecracker, or other penal establishment; OTHER CALAMITIES
1. Publishing or causing to be explosive within any town or 2. That he is serving his
published as news any public place, which produces 2. That the offender sentence, which consists 1. That the offender is a
false news which may alarm or danger removes such person, in deprivation of liberty; convict by final
endanger the public order, or helps the escape of judgment, and is
or cause damage to the 2. Instigating or taking an such person. 3. That he evades the confined in a penal
interest or credit of the active part in any charivari or service of his sentence by institution;
State; other disorderly meeting Committed in two ways: escaping during the term
offensive to another or of his sentence. 2. That there is disorder,
2. Encouraging disobedience prejudicial to public 1. By removing a prisoner resulting from:
to the law or to the tranquility confined in jail or penal Circumstances qualifying
constituted authorities or by institution – to take the offense: a. Conflagration,
praising, justifying or 3. Disturbing the public peace away a person from b. Earthquake,
extolling any act punished while wandering about at confinement with or 1. By means of unlawful c. Explosion,
by law, by the same means night or while engaged in without the active entry (“by scaling”); d. Similar catastrophe,
or by words, utterances or any other nocturnal participation of the e. Mutiny in which he
speeches; amusements person released 2. By breaking doors, has not participated;
windows, gates, walls,
3. Maliciously publishing or 4. Causing any disturbance or 2. By helping said person roofs or floors; 3. That the offender leaves
causing to be published any scandal in public places to escape – furnish the penal institution
official resolution or while intoxicated or material means to 3. By using picklocks, false where he is confined, on
document without authority, otherwise, provided Art. 153 facilitate escape keys, disguise, deceit, the occasion of such
or before they have been is not applicable violence, or intimidation; disorder or during the
published officially; mutiny;
4. Through connivance with
4. Printing, publishing or other convicts or 4. That the offender fails to
distributing (or causing the employees of the penal give himself up to the
same) books, pamphlets, institution. authorities within 48 hrs.
periodicals, or leaflets following the issuance of
which do not bear the real a proclamation by the
printer’s name, or which are Chief Executive
classified as anonymous. announcing the passing
away of such calamity.
RICARDO
 M.
 RIBO
 JR.
  CHAPTER SEVEN TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST

ARTICLE 159 ARTICLE 160 COMMISSION CHAPTER ONE: FORGERIES

OTHER CASES OF EVASION OF ANOTHER CRIME
  OF SENTENCE  
DURING THE SERVICE OF   SECTION 1: FORGING THE SEAL OF THE SECTION TWO: COUNTERFEITING COINS
GOVERNMENT OF THE PHILIPPINE ISLANDS, THE
  (CONDITIONAL PARDON) PENALTY IMPOSED FOR
SIGNATURE OR STAMP OF THE CHIEF
ARTICLE 163 ARTICLE 164
  ANOTHER PREVIOUS
EXECUTIVE.
MAKING AND MUTILATION OF COINS-
1. That the offender was a OFFENSE IMPORTING AND IMPORTATION AND
 
convict; (QUASI-RECIDIVISM) ARTICLE 161 ARTICLE 162 UTTERING FALSE UTTERANCE OF MUTILATED
  COINS COINS
COUNTERFEITING SEAL USE OF FORGED
  2. That he was granted a 1. That the offender  was OF GOVERNMENT, SIGNATURE,
  conditional pardon   by the already convicted by final SIGNATURE AND COUNTERFEIT SEAL 1. That there be false or Acts punished
Chief Executive; judgment; STAMP OF PRESIDENT OR STAMP counterfeited coins;
1. Mutilating coins of the legal
3. That he violated any of the 2. That he committed a new Acts Punished 1. That the seal of the 2. That the offender either currency, with the intent to
conditions of such pardon. felony before beginning to Republic was made, imported or damage or to defraud
serve such sentence or 1. Forging the Great Seal counterfeited, or the uttered such coins; another;
while serving the same. of the Government of signature or stamp of
FORMS OF EVASION OF the Philippines; the Chief Executive 3. That in case of uttering 2. Importing or uttering such
SERVICE OF SENTENCE Who can be pardoned was forged by another such false or mutilated coins, with the
2. Forging the signature of person; counterfeited coins, he further requirement that there
1. By simply leaving or A quasi-recidivist can be the President; connived with the must be connivance with the
escaping from the penal pardoned: 2. That the offender knew counterfeiters or mutilator or importer in case
establishment under Art. 1. At the age of 70, if he shall 3. Forging the stamp of the of the counterfeiting or importers. of uttering.
157 have already served out his President. forgery;
original sentence (and not a ARTICLE 165. SELLING OF
2. Failure to return within 48 habitual criminal); or 3. That he used the FALSE OR MUTILATED
hours after having left the counterfeit seal or COIN, WITHOUT
penal establishment 2. When he shall have forged signature or CONNIVANCE
because of a calamity, completed it after reaching stamp.
conflagration or mutiny and the said age, unless by Acts Punished
such calamity, conflagration reason of his conduct or
or mutiny has been other circumstances, he 1. Possession of coin,
announced as already shall not be worthy of such counterfeited or mutilated by
passed under Art. 158. clemency. another with intent to utter
the same knowing that it is
3. Violating the condition of false or mutilated;
conditional pardon under
Article 159. 2. Actually uttering false or
mutilated coin, knowing it to
be false or mutilated.

10
 
 
 SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES
ARTICLE 166
FORGING TREASURY OR
  COUNTERFEITING, POSSESSION AND USE OF
BANK NOTES OR OTHER
DOCUMENTS PAYABLE
TO BEARER AND
UTTERING THE SAME
Acts penalized:
1. Forging or falsification of
treasury or bank notes or
other documents payable
to bearer;
2. Importation of the same
3. Uttering the same in
connivance with forgers
or importers;
What may be forged or
falsified under Article 166:
1. Treasury or bank notes;
2. Certificates;
3. Other obligations and
securities, payable to
bearer.
11
ARTICLE 167. ARTICLE 168. ILLEGAL ARTICLE 170 ARTICLE 171 FALSIFICATION B. Causing it to appear that
FALSIFICATION OF BY PUBLIC OFFICER, persons have participated
IMPORTING AND FALSE TREASURY OR BANK LEGISLATIVE EMPLOYEE OR NOTARY OR in an act or proceeding
UTTERING NOTES AND OTHER DOCUMENT ECCLESIASTICAL MINISTER when they did not in fact so
INSTRUMENT NOT INSTRUMENTS OF CREDIT participate.
PAYABLE TO BEARER 1. That there be a bill, 1. That the offender is a public
1. That the treasury or bank note resolution or officer, employee or notary 1. That the offender
1. That there be an or certificate or other ordinance enacted by public or ecclesiastical caused it to appear in a
instrument payable to obligation and securities or approved or minister; document that a person
order or other payable to bearer or any pending approval by or persons participated
document of credit instrument payable to order or either House of the in an act or proceeding;
NOT payable to other document of credit not Legislative or any 2. That he takes advantage of
bearer; payable to bearer is forged or provincial board or his official position when: 2. That such persons did
falsified by another; municipal council; not in fact so participate
2. That the offender a. He has the duty to make in the act or proceeding.
either forged, 2. The offender knows that any 2. The offender alters or prepare or otherwise to
imported or uttered of these instruments is forged the same; intervene in the C. Attributing to persons
such instrument; or falsified; preparation of the who have participated in
3. That he has no proper document; OR any act or proceeding
3. That in case of 3. That he performs any of these authority therefor; statements other than those
uttering he connived acts: b. He has the official custody in fact made by them.
with the importer or 4. That alteration of the document which he
forger. a. Using any of such forged changed the meaning falsifies 1. That persons participated
or falsified instruments; or of the document. in an act or proceeding;
b. Possession with intent to 3. The offender falsifies a
use, any of the forged or document. 2. That such person or
falsified documents. persons made statements
Different Modes of Falsifying a in that act or proceeding;
Document:
ARTICLE 169. HOW FORGERY 3. That the offender in
IS COMMMITTED A. Counterfeiting or imitating any making a document,
handwriting, signature or rubric. attributed to such person,
1. By giving to treasury or bank statements other than
note or any instrument payable 1. That there be an intent to those in fact made by
to bearer or to order the imitate or an attempt to such person.
appearance of a true and imitate;
genuine document;
2. The two signatures or
2. Counterfeiting handwriting, the genuine and
Altering the forged bear some
Substituting resemblance to each other
Erasing any figures, letters,
words or signs contained therein.
 SECTION FOUR: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES
D. Making untruthful statements
  ARTICLE 172. FALSIFI- 3. Use of falsified documents.
in a narration of facts.
1. That the offender makes in a
document statements in a
narration of facts;
2. That he has the legal
obligation to disclose the truth
of the facts narrated by him;
3. That the facts narrated by the
offender are absolutely false;
4. That the perversion of truth in
the narration of facts was
made with the wrongful intent
of injuring a third person.
E. Altering true dates.
F. Making alteration or
intercalation in a genuine
document which changes its
meaning.
1. That there be an alteration or
intercalation (insertion) on a
document;
2. That it was made on a a. That the offender committed
genuine document;
3. That the alteration and
intercalation has changed the
meaning of the document;
4. That the change made the
document speak something
false
12
 
G. Issuing in an
3. Using such falsified
authenticated form a
document purporting to
be a copy of an original
document when no
such original exist or
including in such a copy
a statement contrary to
or different from that of
the genuine original.
H. Intercalating any
instrument or note
relative to the issuance
in a protocol, registry or
official book.
committed with the intent to
ARTICLE 173. FALSI-
CATION BY PRIVATE messages. FICATION OF
INDIVIDUALS AND USE OF Elements: · With respect to No. 3, WIRELESS, CABLE,
FALSIFIED DOCUMENTS a. Introducing in a judicial the offender need not TELEGRAPH AND
proceeding: be connected to the TELEPHONE
Acts punished: i. That the offender knew government or to such MESSAGES AND USE
1. Falsification of public, official that the document was corporation. OF SAID FALSIFIED
or commercial document by a falsified by another person; MESSAGES
private individual Elements:
ii. That the false document a. That the accused Acts punished:
Elements: was embraced in Art. 171 knew that wireless, 1. Uttering fictitious
a. The offender is a private or in any subdivision No.1 cable, telegraph or wireless, telegraph, or
individual or a public officer or or 2 of Art. 172; telephone message telephone messages;
employee who did not take was falsified by any
advantage of his official iii. That he introduced said person specified in 1st 2. Falsifying wireless,
position; document in evidence in paragraph of Art.173; telegraph or telephone
any judicial proceeding. messages.
b. That he committed any of · No damage is required. b. That the accused
the acts of falsification used such falsified Elements:
enumerated in Art.171 (Pars.1- B. Use in any other transaction dispatch; a. That the offender
6); i. That the offender knew is an officer or
that the document was c. That the use of the employee of the
c. That the falsification was falsified by another person; falsified dispatch government or an
committed in a public or official resulted in the prejudice officer or an
or commercial document. ii. That the false document of a third party, or that employee of a private
was embraced in Art. 171 the use thereof was corporation, engaged
2. Falsification of private or in any of subdivision No. with the intent to cause in the service of
document by any person; 1 or 2 of Art. 172; such prejudice sending or receiving
wireless, cable or
Elements: iii. That he used such telephone message;
document (not in judicial
any of the acts of falsification proceeding); b. That he commits
except those in par. 7, any of the above
enumerated in Art.171; iv. That the use of the false acts.
document caused damage
b. That the falsification was to another or at least it was
committed in a private used with intent to cause
document; damage.
c. That the falsification caused
damage to a third party or at
least the falsification was
cause damage.
 CHAPTER TWO: OTHER FALSITIES

SECTION FIVE SECTION SIX SECTION ONE: USURPATION OF AUTHORITY, RANK, TITLE AND IMPROPER USE OF NAMES, UNIFORMS
AND INSIGNIA
   
ARTICLE 174. FALSE      
ARTICLE 176 MANUFAC- ARTICLE 177. ARTICLE 178. USING COMMONWEALTH   ACT ARTICLE 179. ILLEGAL
.   MEDICAL  
CERTIFICATES, TURING AND POSSESSION USURPATION OF FICTITIOUS NAME AND NO. 142, as amended USE OF UNIFORM OR
FALSE CERTIFICATE OF OF INSTRUMENTS AND AUTHORITY OR CONCEALING TRUE by REPUBLIC ACT NO. INSIGNIA
MERIT OR SERVICE IMPLEMENTS FOR OFFICIAL FUNCTIONS NAME 6085 An Act Regulating
FALSIFICATION the Use of Aliases 1. That the offender
Persons liable: Two offenses Elements: (using makes use of insignia,
1. Physician or surgeon who, in Acts punished: contemplated in Art. 177: fictitious name) General rule: No person uniform or dress;
connection with the practice 1. Making or introducing into shall use any name
of profession issued a false the Philippines any stamps, 1. Usurpation of authority 1. That the offender uses different from the one 2. That the insignia,
certificate; dies, marks, or other a name other than his with which he was uniform or dress
instruments or implements 2. Usurpation of official real name; registered at birth in the pertains to an office
2. Public officer who issued a for counterfeiting; functions office of the local civil not held by the
false certificate of merit or 2. That he uses that registry, or with which he offender or to a class
service, good conduct or 2. Possession with intent to use How committed: fictitious name publicly; was registered in the of person of which he
similar circumstances; the instruments or Bureau of Immigration is not a member; and
implements for counterfeiting 1. By knowingly misrep- 3. That the purpose of the upon entry, or such
3. Private individual who or falsification made in or resenting oneself to be offender is— substitute name as may 3. That said insignia,
falsified a certificate falling in introduced into the an officer, agent or a. To conceal a crime; have been authorized by uniform or dress is
the classes mentioned in Philippines by another representative of the b. To evade the a competent court. used publicly and
Nos. 1 and 2. person. government, whether execution of a improperly.
local, national or foreign; judgment; Or Exception: As
c. To cause damage to pseudonym solely for
2. By performing any act public interest. literary, cinema,
ARTICLE 175. USING FALSE pertaining to a person in television, radio or other
CERTIFICATES authority or public officer Elements: (Concealing entertainment purposes
of the government under true name) and in athletic events
1. That a false certificate the pretense of official where the use of
mentioned in the preceding position and without 1. That the offender pseudonym is a normally
article was issued; authority. conceals: accepted practice.
a. his true name,
2. That the offender knew that The acts performed must b. all other personal
the certificate was false; pertain to: circumstances;

3. That he used the same. 1. The Government 2. That the purpose is

2. To any person in only to conceal his
authority identity.
3. To any public officer

13
 
 

ARTICLE 180. FALSE TESTI-
.
  MONY AGAINST A TESTIMONY
  DEFENDANT
  FAVORABLE TO THE
1. That there be a criminal
proceeding;
2. That the offender testifies
falsely under oath against
the defendant therein;
3. That the offender who gives
false testimony knows that it
is false;
4. That the defendant against
whom the false testimony is
given is either acquitted or
convicted in a final judgment.
False testimony – is
committed by any person who,
being under oath, and required
to testify as to the truth of a
certain matter at a hearing
before a competent authority,
shall deny the truth or say
something contrary to it.
Three forms of false
testimony
1. False Testimony in Criminal
Cases (Art. 180-181)
2. False Testimony in Civil
Cases (Art. 182)
3. False Testimony in other
cases (Art. 183)
14
ARTICLE 181. FALSE
TESTIMONY IN CIVIL
CASES
DEFENDANT
· The false testimony in
favor of the defendant
need not directly
influence the decision of
the acquittal and it need
not benefit the defendant.
· Conviction or acquittal
of defendant in principal
case is not necessary.
A defendant who falsely
testifies in his own behalf
in a criminal case can
only be guilty of Art. 181
when he voluntarily goes
upon the witness stand
and falsely imputes to
some other person the
commission of a grave
offense. If he merely
denies the commission of
the crime or his
participation therein, he
should not be prosecuted
for false testimony.
· Testimony must be
complete.
SECTION TWO: FALSE TESTIMONY
ARTICLE 182. FALSE ARTICLE 183 PERJURY Relevant – when it tends in ARTICLE 184.
any reasonable degree to OFFERING FALSE
Two ways of committing establish the probability or TESTIMONY IN
perjury: improbability of a fact in issue. EVIDENCE
1. That the testimony
must be given in a civil 1. By falsely testifying under Pertinent – when it concerns 1. That the offender
case; oath; collateral matters which make offered in evidence a
more or less probable the false witness or
2. That the testimony 2. By making a false affidavit. proposition at issue. testimony;
must relate to the
issues presented in Elements: Oath – any form of attestation 2. That he knew the
said case; by which a person signifies witness or testimony
1. That the accused made a that he is bound in conscience was false;
3. That the testimony statement under oath or to perform an act faithfully and
must be false; executed an affidavit upon truthfully. 3. That the offer was
a material matter; made in a judicial or
4. That the false Affidavit – a sworn statement official proceeding.
testimony must be 2. That the statement or in writing; a declaration in .
given by the defendant affidavit was made before a writing, made upon oath before
knowing it to be false; competent officer an authorized magistrate or
authorized to receive and officer.
5. That the testimony administer oath;
must be malicious and Competent person – a person
given with an intent to 3. That in that statement or who has a right to inquire into
affect the issues affidavit, the accused made the questions presented to him
presented in said case. a willful and deliberate upon matters under his
assertion of a falsehood; jurisdiction
4. That the sworn statement or Subornation of perjury – is
affidavit containing the committed by a person who
falsity is required by law knowingly and willfully
procures another to swear
falsely and he witness
suborned does testify under
the circumstances rendering
him guilty of perjury.