CRIMINAL LAW II
MIDTERM REVIEWER
TITLE ONE: CRIMES AGAINST NATIONAL
SECURITY AND THE LAW OF NATIONS
Crimes against national security.
1. Treason (114)
2. Conspiracy and proposal to commit
treason (115)
3. Misprision of treason (116)
4. Espionage (117)
Crimes against the law of nations.
1. Inciting to war or giving motives for
reprisals (118)
2. Violation of neutrality (119)
3. Correspondence with hostile country
(120)
4. Flight to enemy’s country (121)
5. Piracy in general and mutiny on the
high seas or in Philippine waters (122)
114. TREASON
Elements:
1. Offender – Filipino citizen or alien
residing in the Philippines
2. There is a war – Philippine is involved
(not civil war)
3. Offender – (a) levies war against the
government (declare war) or (b)
adheres to the enemies giving them
aid or comfort.
Treason – breach of allegiance to the
government committed by a person who
owes allegiance to it.
Allegiance – the obligation of fidelity and
obedience which the individuals owe to the
government under which they live or to their
sovereign, in return for the protection they
receive.
** Treason cannot be committed in time of
peace – while there is peace, there are no
traitors. Treason is a war crime, it is punished
by the state as a measure of self-defense
and self-preservation.
“Levies war” – actual assembling of men for
the purpose of executing a treasonable
design by force. It is not necessary that there
be a formal declaration of the existence of a
state of war. The war must be directed
against the government: organized to
overthrow and destroy the established
government. Mere public uprising to inflict an
act of hate or revenge upon the persons of
public officers does not constitute treason
because it is not directed against the
government. The levying of war must be in
collaboration with a FOREIGN COUNTRY.
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January 2007
** Adherence and giving aid or comfort to
the enemy must CONCUR TOGETHER.
** The aid and comfort must be given to the
enemy by some kind of action – it must be a
deed or physical activity, not merely a
mental operation. It must be to render
assistance to them as enemies and in
furtherance of the enemies’ hostile designs.
**Murder and physical injuries were inherent
in the crime of treason characterized by the
giving of aid and comfort to the enemy.
These crimes cannot be complexed with
treason.
** Treason by Filipino citizen can be
committed outside of the Philippines, but
treason by an alien must be committed IN
THE PHILIPPINES.
** Treason is a continuous offense – may be
committees by one single act, series of acts,
several series thereof, and different times.
Ways of proving treason:
1. Testimony of two witnesses to the
same overt act, or
2. Confession of the accused in open
court
Two-witness rule: The testimony of two
witnesses is required to prove the overt act
of giving aid or comfort. It is not necessary to
prove adherence. Each of the witnesses must
testify to the whole overt act, or if separable,
there must be two witnesses to each part of
the overt act.
** The defense of duress, lawful obedience to
a de facto government is a good defense in
treason.
115. CONSPIRACY & PROPOSAL TO
COMMIT TREASON
** Conspiracy to commit treason is
committed when in time of war, two or more
persons come to an agreement to levy war
against the government or to adhere to the
enemies and to give them aid or comfort,
and decide to commit it.
** Proposal to commit treason is committed
when in time of war a person who has
decided to levy war against the government
or to adhere to the enemies and to give
them aid or comfort, proposes its execution
to some other person or persons.
** Reason: in treason, the very existence of
the state is ENDANGERED.
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** The two-witness rule does not apply to
conspiracy or proposal to commit treason.
116. MISPRISION OF TREASON (keeping
it to himself, silence)
Elements:
1. Offender – owing allegiance to the
government and NOT a foreigner
2. Offender – has knowledge of any
conspiracy to commit treason against
the government
3. Offender – conceals or does not
disclose and make known the same as
soon as possible to the (a) governor or
fiscal of the province or (b) to the
mayor or fiscal of the city WHICH HE
RESIDES.
** Cannot be committed by a resident alien
** Does not apply when treason is already
committed by someone and the accused
does not report its commission to the proper
authority – knowledge of CONSPIRACY
** His penalty is like the penalty for an
accessory, still he is in the state of being the
principal.
117. ESPIONAGE (spy)
Two ways of committing:
A. “Entering”
Elements:
1. Offender – enters a Warship, Fort,
Naval or Military establishment or
reservation
2. He has no authority to do so
3. Purpose – to obtain Information,
Plans, Photographs or other data of
a confidential nature relative to the
defense of the Philippines
B. “Disclosing”
1. Offender – public officer
2. He has in his possession the said
articles, data or information by
reason of the public office he holds
3. He discloses their contents to a
representative of a foreign nation.
118. INCITING TO WAR OR GIVING
MOTIVES FOR REPRISAL
Elements:
1. Offender – performs unlawful or
unauthorized acts
2. Such acts provoke or give occasion
for a war involving or liable to
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January 2007
involve the Philippines or expose
Filipino citizens to reprisal on their
persons or property
** The intention of the offender is immaterial
– the law considers the effects produced by
the act of the accused. Such acts might
disturb the friendly relation that we have
with a foreign country, and that are
penalized even if they constitute a mere
imprudence.
** Committed in time of peace
119. VIOLATION OF NEUTRALITY
Elements:
1. There is war in which the
Philippines is NOT INVOLVED
2. There us a regulation issued by
competent authority for the
purpose of enforcing neutrality
3. Offender – violates such regulation
** A nation or power which takes no part in a
contest of arms going on between others is
referred to as neutral.
120. CORRESPONDENCE WITH HOSTILE
COUNTRY
Elements:
In time of war in which the Philippines is
involved
1. Offender – makes correspondence
with an enemy country or territory
occupied by enemy troops
2. The correspondence is either –
a. Prohibited by the
government
b. Carried on ciphers or
conventional signs, or
c. Containing notice or
information which might be
useful to the enemy
Correspondence – communication by means
of letters
121. FLIGHT TO ENEMY’S COUNTRY
Elements:
1. There is a war in which the
Philippines is involved
2. Offender – owes allegiance to the
Philippine government
3. Offender – attempts to flee or go to
enemy’s country
4. Going to the enemy’s country is
prohibited by competent authority
(government)
** Mere attempt to enemy’s country
consummates the crime.
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** If fleeing or going to an enemy country is 123. QUALIFIED PIRACY

not prohibited by competent authority, the
crime is not committed.
122. PIRACY IN GENERAL AND MUTINY
ON THE HIGHT SEAS
Elements:
1. A vessel is on the high seas or in
Philippine waters
2. Offenders – not members of its
complement or passengers of
vessels
3. Offenders – (a) attack or seize that
vessel, or (b) seize the whole or
part of the cargo of said vessel, its
equipment or personal belongings
of its complement or passengers.
There should be piracy or mutiny in the high
seas. This will be qualified if any of the
following circumstances is present:
1. Whenever the pirates have seized
the vessel by boarding or firing
upon the same;
2. Whenever the pirates have
abandoned their victims without
means of saving themselves; or
3. Whenever the crime is
accompanied by murder, homicide,
physical injuries, or rape.
** This is a special complex crime punishable
by reclusion perpetua regardless of the
number of victims.

Piracy – robbery or forcible depredation on ** Any person who aids or protects pirates or
the high seas without lawful authority and abets the commission of piracy shall be
done with intent to steal. considered as an accomplice.

Piracy vs. robbery on the high seas: there is

violence against or intimidation of persons or
force upon things in taking the property in TITLE TWO: CRIMES AGAINST THE
the vessel -- FUNDAMENTAL LAWS OF THE STATE
Robbery – offender is a member of the
complement or a passenger of the 1. Arbitrary detention (124)
vessel; 2. Delay in the delivery of detained
Piracy – offender is NOT a passenger persons to the proper judicial
or a member of the complement authorities (125)
of the vessel. 3. Delaying release (126)
4. Expulsion (127)
Mutiny – usually committed by the other 5. Violation of domicile (128)
members of the complement and may be 6. Search warrants maliciously obtained
committed by the passengers of the vessel. and abuse in the service of those
It is the unlawful resistance to a superior legally obtained (129)
officer or the raising of commotions and 7. Searching domicile without witness
disturbances on board a ship against the (130)
authority of its commander. 8. Prohibition, interruption, and
dissolution of peaceful meetings (131)
Piracy Mutiny 9. Interruption of religious worship (132)
Persons who attacks They are members of 10.Offending of religious feelings (133)
the vessel or seize its the crew or
cargo are passengers 124. ARBITRARY DETENTION
STRANGERS to said Elements:
vessel 1. Offender – public officer or
Intent to steal is Intent to ignore the employee
essential ship’s officers or they 2. Offender – detains a person
may be prompted by 3. Detention – without legal grounds
a desire to commit
plunder ** Public officers liable – must be vested with
authority to detain or order the detention of
persons accused of a crime; i.e. policemen,
judges, mayor.

** There is detention when he is placed in a

confinement or there is a restraint on his
person – even if hr could move freely, as long
as he could not escape for fear of being
apprehended again.

Legal grounds for the detention of a person:

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1. Commission of a crime
2. Violent insanity or other ailment
requiring compulsory confinement
of the patient in a hospital.
** Arrest without warrant us the usual cause
of arbitrary detention.
Warrantless arrest:
1. When in the presence of a peace
officer or a private person, the person
to be arrested has committed, is
actually committing, or is attempting
to commit an offense;
2. When an offense has in fact just been
committed, and he has probable cause
to believe based on personal
knowledge of facts and circumstances
that the person to be arrested has
committed it;
3. When the person to be arrested is a
prisoner who has escaped from a
penal establishment or place where he
is serving final judgment or
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to
another.
** It can be committed thru imprudence.
125. DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
Elements:
1. Offender – public officer or employee
2. Offender – detained a person for some
legal grounds
3. Offender – fails to deliver person to
proper judicial authorities within:
12 hours – offenses of light penalty
18 hours – offenses of correctional
penalty
36 hours – offenses of afflictive or
capital penalty
** Applies only to legal warrantless arrest – if
the arrest was made with warrant, the
person arrested can be detained indefinitely
until his case is decided by the court or he
posts a bail for temporary release.
** Reason for provision – it is intended to
prevent any abuse resulting from confining a
person without informing him of his offense
and without permitting him to go on bail.
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January 2007
126. DELAYING RELEASE
Elements:
1. Offender – public officer or employee
2. There is a –
(a) judicial/executive order for
prisoner’s release
(b) proceeding upon a petition for
prisoner’s liberation
3. Offender, without good reason, delays
–
(a) service of the notice of such
order to the prisoner
(b) performance of such J/E order
for release
(c) proceedings upon a petition of a
petitioner’s liberation (writ of
habeas corpus)
** Wardens and jailers are the public officers
most likely to violate article 126.
127. EXPULSION
Elements:
1. Offender – public officer or
employee
2. Offender – expels any person from
the Philippines or compels a person
to change residence
3. Offender – not authorized by law to
do so.
** Only the court by a final judgment can
order a person to change his residence. This
can be by ejectment proceedings,
expropriation proceedings, and the penalty
of destierro.
128. VIOLATION OF DOMICILE
Elements:
1. Offender – public officer or employee
2. Offender – not authorized by judicial
order to enter the dwelling and/or to
make a search therein for papers and
other effects
3. Does any of the following acts:
a. entered a dwelling against the
will of the owner thereof;
b. searched papers or other effects
found therein without previous
consent of such owner;
c. refused to leave the premises
after having surreptitiously
(secretly) entered said dwelling
and having been required to
leave the same.
** Against the will of the owner –
- there should be OPPOSITION or
PROHIBITION, expressed or implied
- no crime committed if entrance is
merely without consent of the
owner.
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** Qualifying circumstances:
1. nighttime
2. papers/effects not constituting
evidence of a crime are not returned
immediately after the search made by
the offender
129. SEARCH WARRANTS MALICIOUSLY
OBTAINES AND ABUSE IN THE SERVICE
OF THOSE LEGALLY OBTAINED
Procuring a search warrant without just
cause
Elements:
1. Offender – public officer or
employee
2. Offender – procures a search
warrant
3. There is no just cause
Properties to be seized:
1. Subject of the offense
2. Stolen or embezzled and other
proceeds or fruits of the offense
3. Used or intended to be used as the
means of committing an offense
Requisites for issuing search warrant:
1. Probable cause – connected with one
specific offense, determined
personally by the judge after
examination under oath or affirmation
of the complainant and the witnesses
he may produce
2. Particularly describing the place to be
searched or the person of place to be
seized, which may be anywhere in the
Philippines
** A search warrant shall be valid for 10 days
from its date. Thereafter, it shall be void.
Probable cause – facts and circumstances
which would lead a reasonably discreet and
prudent man to believe that an offense has
been committed, and that the object sought
in connection with the offense are in the
place sought to be searched.
** Peace officers may enter the house of an
offender who committed an offense in their
presence.
Exceeding authority or using unnecessary
severity in executing a search warrant legally
procured
Elements:
1. Offender – public officer or employee
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January 2007
2. He has legally procured a search
warrant
3. He exceeds his authority or uses
unnecessary severity in using the
same.
130. SEARCHING DOMICILE WITHOUT
WITNESSES
Elements:
1. Offender – public officer or employee
2. Offender – armed with search warrant
legally procured
3. Offender – searches the domicile,
papers or other belongings of any
person
4. Owner or any member of his family or
two witnesses residing in the same
locality are not present
131. PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS
Elements:
1. Offender – public officer or employee
2. Commits any of the following:
a. Prohibiting or interrupting,
without legal ground, the holding
of a peaceful meeting, or by
dissolving the same;
b. Hindering any person from joining
any lawful association or from
attending any of its meetings;
c. 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.
** Clear and present danger – to justify
suppression of free speech, there must be
reasonable ground to believe that the danger
apprehended is IMMINENT and that the evil
to be prevented is a serious one.
** The offender should be a stranger, and not
a participant of the peaceful meeting.
132. INTERRUPTION OF RELIGIOUS
WORSHIP
Elements:
1. Offender – public officer or employee
2. Religious ceremonies or
manifestations of any religion are
about to take place or going on
3. Offender – prevents or disturbs the
same
** Religious acts performed anywhere
** Qualified if committed with violence or
threats
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133. OFFENDING OF RELIGIOUS
FEELINGS
Elements:
1. Offender – anyone
2. Act complained is performed – (a) in a
place devoted to religious worship, or
(b) during the celebration of any
religious ceremony
3. Act must be notoriously offensive to
the feelings of the faithful
** There must be deliberate intent to hurt
the feelings of the faithful
** Offense to feelings is judged from the
complainant’s point-of-view
VIOLATIONS IN CONSTITUTION:
1. Arts. 124, 125, and 126 - Sec. 1, Art.
3: Right to liberty
2. Art. 127 - Sec. 6, Art. 3: Liberty of
abode
3. Arts. 128, 129, and 130 - Sec. 2, Art.
3: Right against unreasonable
searches and seizures
4. Art. 131 - Sec. 4, Art. 3: Freedom of
speech, expression, and press,
assembly and redress of grievances
5. Arts. 132 and 133 - Sec. 5, Art. 3:
Freedom of religion
TITLE THREE: CRIMES AGAINST PUBLIC
ORDER
1. Rebellion or insurrection (134)
2. Coup d’etat (134-A)
3. Conspiracy and proposal to commit
coup d’etat, rebellion or insurrection
(136)
4. Disloyalty of public officers or
employees (137)
5. Inciting to rebellion (138)
6. Sedition(139)
7. Conspiracy to commit sedition (141)
8. Inciting to sedition (142)
9. Acts tending to prevent the meeting of
Congress and similar bodies (143)
10.Disturbance of proceedings of
Congress or similar bodies (144)
11.Violation of parliamentary immunity
(145)
12.Illegal assemblies (146)
13.Illegal association (147)
14.Direct assaults (148)
15.Indirect assaults (149)
16.Disobedience to summons issued by
Congress, its committees, etc., by the
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January 2007
constitutional commission, its
committees, etc. (150)
17.Resistance and disobedience to a
person in authority or the agents of
such person (151)
18.Tumults and other disturbances of
public order (153)
19.Unlawful use of means of publication
and unlawful utterances (154)
20.Alarms and scandals (155)
21.Delivering prisoners from jails (156)
22.Evasion of service of sentence (157)
23.Evasion on occasion of disorders (158)
24.Violation of conditional pardon (159)
25.Commission of another crime during
service of penalty imposed for another
previous offense (160)
134. REBELLION OR INSURRECTION
Elements:
1. There is (a) public uprising and (b)
taking arms against the government.
2. Purpose of uprising or movement:
a. to remove from the allegiance
to said government or its laws –
(1) the territory of the
Philippines or any part
thereof; or
(2) any body of land, naval or
armed forces; or
b. to deprive the Chief Executive
or Congress, wholly or partially
of any of their powers or
prerogatives.
Rebellion – its object is completely to
overthrow and supersede the existing
government.
Insurrection – a movement which seeks
merely to effect some change of minor
importance, or to prevent the exercise of
governmental authority with respect to a
particular matter or subject.
** Purpose of the uprising must be shown.
** It is not necessary that the purpose of the
rebellion be accomplished – if they are
successful, they get to hold the government;
they will not sue their own selves.
Treason Rebellion
Levying of war Levying of war
against the against the
government, government for
performed to aid the reasons: remove from
enemy; allegiance to
government and
deprive president
and congress of any
of their powers;
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May be committed by Always involves - If other crimes were committed for

mere adherence to taking up arms private purpose/profit, without any
adherence to the (uprising) against the political motivation, would be
enemy giving him aid government; separately punished and would not
or comfort; be absorbed in rebellion.
Can be committed by Multitude/ crime of
an individual; masses. 136. CONSPIRACY AND PROPOSAL TO
Crime against Crime against public COMMIT COUP D’ETAT, REBELLION OR
national security order INSURRECTION

134-A. COUP D’ETAT ** There is conspiracy to commit rebellion

Elements:
1. Offender – person/s belonging to the
military or police holding any public
office or employment;
2. Committed – swift attack accompanied
by violence, intimidation, threat,
strategy or stealth;
3. Attack – directed against duly
constituted authorities of the
Philippines or any military camp or
installation, communication networks,
public utilities, or other facilities
needed for the exercise and continued
possession of power;
4. Purpose of attack – to seize/diminish
state power
Persons liable for rebellion, insurrection, and
coup d’etat
Leaders
1. Any person who promotes, maintains,
or heads a rebellion or insurrection;
2. Any person who leads, directs or
commands others to undertake a coup
d’etat.
Participants
1. Any person who participates or
executes the commands of others in a
rebellion or insurrection;
2. Any person IN THE GOVERNMENT who
participates or executes the
commands of others in a coup d’etat;
3. Any person NOT in the government
service who participates, supports,
finances, abets, or aids in undertaking
a coup d’etat.
** Mere silence or omission is not punishable
in rebellion.
** No complex crime of rebellion – Hernandez
Ruling
- Other crimes committed as a
means to, or, in furtherance of
rebellion are absorbed in the crime.
© Hanna Magkasi 2007
when two or more persons come to an
agreement to rise publicly and take arms
against the government for any purpose of
rebellion and decide to commit it.
** There is proposal to commit rebellion
when the person who has decided to rise
publicly and take arms against the
government for any of the purposes of
rebellion proposes it execution to some other
person or persons.
137. DISLOYALTY OF PUBLIC OFFICERS
OR EMPLOYEES
Elements:
1. Offender – public officer or
employee
2. Offender – must not be in
conspiracy with the rebels
3. Does any of the following acts:
a. Failing to resist rebellion by
al the means in their power;
b. Continuing to discharge the
duties of their offices under
the control of the rebels;
c. Accepting appointment to
office under them.
There should be the existence of rebellion
by OTHER PERSONS
138. INCITING TO REBELLION OR
INSURRECTION
Elements:
1. Offender – does not take arms or is not
in open hostility against the
government;
2. Offender – incites others to rise
publicly and take arms against the
government for the purposes of
rebellion
3. Done by means of speeches,
proclamations, writings, emblems,
banners, or other representations
tending to the same end.
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exercising their
Inciting to Proposal to commit powers)
rebellion rebellion Offended party – Offended party –
Not required that the The person who government, public state as a whole
offender has decided proposes has decided officers or
to commit rebellion; to commit rebellion; employees, private
The act of inciting is The person who persons and social
done PUBLICLY; proposes the class
execution of the
crime uses SECRET 141. CONSPIRACY TO COMMIT SEDITION
MEANS.
** There must be an agreement and a
139. SEDITION decision to rise publicly and tumultuously to
Elements: attain any of the objects of sedition.
1. Offenders – rise publicly and
tumultuously; ** Proposal to commit sedition is not
2. Offenders – employ Force, punishable.
Intimidation, or other means outside of
legal methods; 142. INCITING TO SEDITION
3. Objects: Elements:
a. To prevent the promulgation or 1. Offender – does not take direct part in
execution of any law of the the crime of sedition
holding of any popular election; 2. Offender – incites others to the
b. To prevent the National accomplishment of any of the acts
Government, or any provincial which constitute sedition
or municipal government, or 3. By means of speeches, proclamations,
any public officer thereof from writings, emblems, cartoons, banners,
freely exercising its or his or other representations tending to the
functions, or prevent the same end -
execution of any administrative a. or utter seditious words or
order; speeches, write, publish or
c. To inflict any act of hate or circulate scurrilous libels
revenge upon the person or against the government of the
property of any public officer or Philippines, or any of the duly
employee; constituted authorities thereof;
d. To commit, for any political or b. or which tend to disturb or
social end, any act of hate or obstruct any lawful officer in
revenge against private persons executing the functions of his
or any social class; and office;
e. To despoil, for any political or c. or which tend to instigate others
social end, any person, to cabal and meet together for
municipality or province, or the unlawful purposes
National Government of all its d. or which suggest or incite
property or any part thereof. rebellious conspiracies or riots;
e. or which lead or tend to stir up
Sedition Rebellion the people against unlawful
Public uprising – Taking up of arms authorities or to disturb the
tumultuous against the peace of the community, safety
government and order of the government;
Purpose may be Purpose is always f. or who shall knowingly conceal
political or social political such evil practices.
Common crimes not Common crimes are
absorbed absorbed ** It is not necessary that the words used
Proposal is not Proposal is punished should in fact result in a rising of people
punished against the constituted authorities. Its
Objects – raising of Objects: purpose of purpose is to punish utterances which may
commotions or taking arms against endanger public order.
disturbances in the government;
state; (remove from Scurrilous – low, vulgar, mean, or foul.
(5 objects of sedition) allegiance and
deprive exec. and Two rules relative to seditious words:
legis. of freely

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1. The clear and present danger rule
a. danger of a public uprising –
danger should be clear and
imminent
b. there must be reasonable
ground to believe that the
danger apprehended is
imminent, and the evil sought
to be prevented is a serious
one. – probability of serious
injury
2. The dangerous tendency rule
a. words used tend to create a
danger of public uprising;
b. when the words uttered or
published could easily produce
dissatisfaction among the
people and a state of feeling in
them incompatible with a
disposition to remain loyal to
the government and obedient to
laws
143. ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND
SIMILAR BODIES
Elements:
1. There is a projected or actual
meeting of congress or any of its
committees, constitutional
commission, committees, or
division, or any provincial board,
city, municipality, council or board;
2. Offender – any person that
prevents the meeting by force or
fraud.
144. DISTURBANCE OF PROCEEDINGS
Elements:
1. Meeting – congress or any of its
committees, subcommittees, divisions,
provincial board, or city/municipal
council or board
2. Does:
a. disturbs any of such meetings
b. behaves in such a manner as to
interrupt its proceedings or to
impair respect due it.
** The complaint for disturbance of
proceedings may be filed by a member of a
legislative body.
** One who disturbs the proceedings of the
congress may also be punished for contempt
by the assembly.
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145. VIOLATION OF PARLIAMENTARY
IMMUNITY
Using force, intimidation, threats, or frauds
Elements:
1. Offender – uses force, intimidation,
threats, fraud
2. Purpose – prevent any member of the
congress to:
a. attend the meeting of the
congress or any of its
committees or constitutional
commissions;
b. express his opinions;
c. cast his vote.
Arresting or searching any member while in
session
Elements:
1. Offender – public officer or employee
2. Offender – arrests or searches any
member of the congress
3. Congress is in regular or special
session at the time of arrest or search
4. Congressman arrested or searched
has not committed any crime
punishable under RPC by a penalty of
prision mayor (6y, 1d – 12y) or higher
** Parliamentary immunity does not protect
members of the Congress from responsibility
before the legislative body itself.
146. ILLEGAL ASSEMBLIES
Meeting attended by armed persons – any
crimes under RPC
Elements:
1. Gathering of persons – fixed place or
moving
2. Attended by armed persons
3. Purpose – commit any crime under RPC
** The persons present at the meeting must
be armed – NOT ALL persons must be armed.
** The unarmed person merely present at
the meeting is liable.
Armed/not – treason, rebellion, insurrection,
sedition, or direct assault
Elements:
1. Meeting or gathering of persons
2. Audience, armed or not, incited to
commit treason, rebellion,
insurrection, sedition, or direct assault
** Audience is actually incited.
- Persons liable are the organizers or
leaders of, and persons merely
present at the meeting;
- Incited to commit rebellion or
sedition – (a) illegal assembly as
regards the organizers or leaders
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and persons merely present, and
(b) inciting to sedition insofar as
the once inciting is concerned.
** The persons merely present at the
meeting must have a common intent to
commit the felony of illegal assembly. The
absence of such intent may exempt the
person present from criminal liability.
** Unlicensed firearm – presumed for the
purpose of the meeting; he is considered a
leader or organizer of the meeting.
** Illegal possession of firearms – absorbed;
if acquitted, separate crime of illegal
possession of firearms.
Makes attack, employs force, serious
intimidation, serious resistance
Elements:
1. Offender – makes attack, employs
force, makes serious intimidation,
serious resistance
2. Victim – person in authority or his
agent
3. Offender knows victim is a person in
authority
4. Victim: (a) engaged in actual
performance of duty, or (b) by reason
of past performance of duty
5. No public uprising
Attack – includes offensive or antagonistic
movement or action of any kind.

147. ILLEGAL ASSOCIATIONS Force – must be of serious character as to

They are: indicate determination to defy the law and its
1. Associations totally or partially representative at all hazards.
organized for the purpose of
committing any of the crimes ** The force employed need not be serious
punishable under RPC. when the offended party is a person in
2. Associations totally or partially authority.
organized for some purpose contrary
to public morals. ** The intimidation or resistance must be
serious whether the offended party is an
Persons liable: agent only or he is the person in authority.
1. Founders, directors, and president of
the association; ** When a person in authority or his agent is
2. Mere members of the association. the one who provokes and attacks another
person, the latter is entitled to defend
Illegal Assembly Illegal Association himself and cannot be held liable for assault
Actual meeting or Actual meeting is or resistance not for physical injuries,
assembly is NOT necessary; because he acts in legitimate defense.
necessary;
Meeting and The act of forming or ** When a person in authority or his agent
attendance at such organizing and exceeds his power or acts without authority,
meeting are membership in the it is not the exercise of the functions of his
punished; association that are office. When he makes unnecessary use of
punished; force or violence and goes beyond the limits
Organizers, leaders, Founders, directors, of his power, he acts as a private person.
persons present at president, and
the meeting – LIABLE members - LIABLE ** There can be no assault upon or
disobedience to one authority by another
148. DIRECT ASSULTS when they both contend in the exercise for
Force or intimidation their respective duties. (The crime
Elements: committed may be physical injuries only).
1. Offender – employs force or
intimidation ** The accused must have the knowledge
2. Aim – attain any of the purposes of that the offended party was a person in
REBELLION and SEDITION authority (or agent) in the exercise of his
3. No public uprising duties, because the accused must have the
intention to offend, injure or assault the
offended party as a person in authority or
agent of such person.

** The defendant must have the intention to

defy the authorities.

Qualified assault:
1. committed with a weapon;
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 CRIMINAL LAW II
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2. offender is a public officer or
employee;
3. offender lays hands upon a person in
authority.
149. INDIRECT ASSAULT
Elements:
1. Person in authority or his agent is the
victim of any if the forms of direct
assault;
2. Another person comes to the aid of
such authority or his agent;
3. The offender makes use of force or
intimidation upon such person coming
to the aid of the authority or his agent.
** Indirect assault is committed only when
direct assault is also committed.
151. RESISTANCE AND DISOBEDIENCE
TO A PERSON IN AUTHORITY OR HIS
AGENTS
Resistance and serious disobedience
Elements:
1. Person in authority or his agents –
engaged in the performance of official
duty or gives a lawful order to the
offender (direct order)
2. Offender – resists or seriously disobeys
him
3. Act of offender is not included in
articles 148, 149, 150
** A person cannot be guilty of disobedience
to an order which is not addressed to him.
** The accused must have knowledge that
the person arresting him is a peace officer.
Simple disobedience
1. Person in authority or his agents –
engaged in the performance of official
duty or gives a lawful order to the
offender
2. Offender – disobeys
3. Disobedience is not of serious nature.
** The order must be lawful – otherwise, the
resistance is justified.
ART. 152. PERSONS IN AUTHORITY AND
AGENTS OF PERSONS IN AUTHORITY
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January 2007
In applying the provisions of the preceding
and other articles of this Code, any person
directly vested with jurisdiction, whether as
an individual or as a member of some court
or governmental corporation, board, or
commission, shall be deemed a person in
authority. A barrio captain and a barangay
chairman shall also be deemed a person in
authority.
A person who, by direct provision of law or
by election or by appointment by competent
authority, is charged with the maintenance
of public order and the protection and
security of life and property, such as a barrio
councilman, barrio policeman and barangay
leader and any person who comes to the aid
of persons in authority, shall be deemed an
agent of a person in authority.
In applying the provisions of Articles 148 and
151 of this Code, teachers, professors and
persons charged with the supervision of
public or duly recognized private schools,
colleges and universities, and lawyers in the
actual performance of their professional
duties or on the occasion of such
performance, shall be deemed persons in
authority.
** Directly vested with jurisdiction – power
and authority to govern and execute laws.
153. TUMULTS AND DISTURBANCES
They are:
1. Causing any serious disturbance in a
public place, office or establishment;
2. Interrupting or disturbing
performances, functions or gatherings
or peaceful meetings, if the act is not
included in arts. 131 and 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.
** Offender – a participant in the meeting.
** Serious disturbance must be planned or
intended.
Outcry – to shout subversive or provocative
words tending to stir up the people to obtain
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by means of force or violence any of the
objects of rebellion or sedition; more or less
unconscious outburst which is not
intentionally calculated to induce others to
commit rebellion or sedition.
155. ALARMS AND SCANDALS
Punished:
1. Discharging any firearm, rocket,
firecracker, or other explosive
calculated to cause alarm or danger;
2. Instigating or taking active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to
public tranquility;
3. Disturbing the public peace while
wandering about at night or while
engaged in any other nocturnal
amusements;
4. Causing any disturbance or scandal in
public places while intoxicated or
otherwise, provided art. 153 is not
applicable.
** It is the result that counts, and not the
intent.
** Anywhere, as long as discharge of firearm,
rocket, etc. produced alarm or danger.
Charivari – sounds designed to annoy and
insult.
156. DELIVERING PRISONERS FROM JAIL
Elements:
1. Person confined in a jail or penal
establishment;
2. Offender removes or helps escape by
means of –
a. violence intimidation, or
bribery;
b. taking the guards by surprise, if
the escape of the prisoner shall
take place outside the said
establishment.
** Violence, intimidation and bribery –
qualifying circumstances
** Mere detention prisoners included.
Hospital or asylum considered extension of
jail or prison.
** Offender is usually an outsider. An
employee of the penal establishment who
helps the escape of a person confined
therein may also be punished, provided that
he does not have the custody or charge of
such person. It may also be a prisoner
helping another prisoner. – If the offender is
a public officer who had the prisoner in his
© Hanna Magkasi 2007
January 2007
custody or charge, he is liable for infidelity in
the custody of a prisoner (223).
** By other means – substituting an prisoner
by taking his place in jail is an example.
** A person delivering a prisoner from jail
may be held liable as accessory (treason,
murder, or parricide cases only)
** If the prisoner removed is a detention
prisoner, such prisoner is not criminally
liable. He can only be liable for evasion of
service of sentence is he is a convict by final
judgment.
157. EVASION OF SERVICE OF SENTENCE
Elements:
1. Offender – convict by a final judgment
2. Offender – serving his sentence which
consists of deprivation of liberty
3. Offender – evades service of sentence
by ESCAPING the term of his sentence
** If the convict escapes without
commencing to serve the sentence or
without expressly waiving in writing his right
to appeal, or he is a detention prisoner or
minor delinquent who escapes from
confinement – offender is not liable for
evasion of service of sentence.
Qualifying circumstances:
1. Unlawful entry (climbing the wall)
2. Breaking doors, windows, gates, walls,
roofs, or floors
3. Using picklocks, false keys, disguise,
deceit, violence or intimidation
4. Connivance with other convicts or
employees of the penal institution
158. EVASION OF SERVICE DURING
DISORDERS
Elements:
1. Offender – convict by final judgment,
confined in a penal institution
2. Disorder – conflagration, earthquake,
explosion, similar catastrophe, mutiny
(he has not participated)
3. Offender – evades by leaving penal
institution on the occasion of such
disorder
4. Offender – fails to give himself up to
authorities 48 hours following the
issuance of the Chief Executive
announcing the passing away of such
calamity
** The offender must be a convict by final
judgment, and must leave the penal
institution.
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7. Counterfeiting, importing and uttering

instruments not payable to the bearer
** If the offender fails to surrender, he shall (167)
suffer an increase of 1/5 of the time still 8. Illegal possession and use of forged
remaining to be served under the original treasury or bank notes and other
sentence, NOT TO EXCEED 6 MONTHS. instruments of credit (168)
9. Falsification of legislative documents
** If the offender surrenders within 48 hours, (170)
he is entitled to 1/5 deduction of the period 10.Falsification by public officer,
of his sentence. employee or notary (171)
11.Falsification by private individuals and
160. QUASI-RECIDIVISM use of falsified documents (172)
Elements: 12.Falsification of wireless, cable,
1. Offender – already convicted by final telegraph and telephone messages
judgment of one offense and use of said falsified messages
2. Committed a new felony – (a) before (173)
the beginning to serve such sentence; 13.False medical certificates, certificates
or (b) while serving the same of merit or service (174)
14.Using false certificates (175)
** First offense need not be a felony (crime 15.Manufacturing and possession of
under RPC) instruments or implements for
falsification (176)
** New offense need not be of different
character from that of the former offense. 16.Usurpation of authority and official
functions (177)
Recidivism Quasi-Recidivism 17.Using fictitious name and concealing
Generic aggravating Special aggravating true name (178)
circumstance circumstance 18.Illegal use of uniform or insignia (179)
May be offset by a Cannot be offset by a 19.False testimony against a defendant
mitigating mitigating (180)
circumstance circumstance 20.False testimony favorable to the
2 offenses embraced 1st offense may be defendant (181)
in the same title/code other violation; 2nd 21.False testimony in civil cases (182)
offense should be a 22.Perjury (183)
felony 23.Offering false testimony in evidence
Committed after Committed before (184)
serving the sentence beginning to serve or
while serving the FORGING – committed by giving to a treasury
sentence or bank note or any instrument payable to
bearer or to order the appearance of a true
and genuine document; to make false
TTILE FOUR: CRIMES AGAINST PUBLIC instrument intended to be passed for a
INTEREST genuine one.

1. Counterfeiting seal of the government, FALSIFICATION – committed by erasing,

forging signature or stamp of the Chief
Executive (161)
2. Using forged signature or counterfeit
seal or stamp (162)
3. Making and importing and uttering
false coins (163)
4. Mutilation of coins, importation and
uttering of mutilated coins (164)
5. Selling of false or mutilated coins
(165)
6. Forging treasury or bank notes or
other documents payable to the
bearer, importing and uttering such
false or forged notes and documents
(166)
substituting, counterfeiting or altering by any
means the figures, letters, words, or signs
contained therein.
171. FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR NOTARY, OR
ECCLESIASTICAL MINISTER
Elements:
1. Offender – public officer, employee,
notary, or ecclesiastical minister;
2. Offender takes advantage of his
official position;
3. Falsifies a document through any of
the following:
a. Counterfeiting or imitating a
handwriting, signature, or
rubric;

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 CRIMINAL LAW II
MIDTERM REVIEWER
b. Causing it to appear that
persons participated in an act or
proceeding when they did not in
fact so participate;
c. Attributing to person who
participated in an act or
proceeding statements other
that those in fact made by
them;
d. Making untruthful statements in
a narration of facts;
e. Altering true dates;
f. Making any alteration or
intercalation in a genuine
document which changes its
meaning;
g. Issuing in an authenticated form
a document purporting to be a
copy of and original document
when no such original exists, or
including in such copy
statements in contrary to or
different from that of the
genuine original; and
h. Intercalating any instrument or
note relative to the issuance
thereof in a protocol, registry, or
official book.
Ecclesiastical minister- commit any of the
offenses enumerated, with respect to any
record or document of such character that its
falsification may affect the civil status of a
person.
COUNTERFEITING
1. Intent to imitate, or attempt to imitate
2. The genuine and the forged bear some
resemblance to each other
MAKING UNTRUTHFUL STATEMENTS
1. Offender – makes in a document
statements in a narration of facts;
2. Offender- has the LEGAL OBLIGATION
to disclose the truth of the facts
narrated by him;
3. Facts narrated are ABSOLUTELY FALSE;
4. Such act was made with the
WRONGFUL INTENT OF INJURING A
THIRD PERSON (for private documents
only)
** There is a law requiring the disclosure of
the truth.
** The person making false statements must
be aware of the falsity of the facts narrated.
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January 2007
ALTERING TRUE DATES
** Date must be ESSENTIAL – the alteration
of dates in a document must affect either the
VERACITY of the document or the effects
thereof.
MAKING ALTERATION OR INTERCALATION
Elements:
1. There is change or insertion on a
document;
2. Made on a GENUINE document;
3. Such change or insertion changes the
meaning of the document;
4. Such change speak something FALSE.
ISSUING IN AUTHENTICATED FORM
1. Purporting to be a copy of an original
when no such original exists;
2. Including in copy a statement contrary
to or different from that of the genuine
original.
** Liability of private individual is the same
as the public officer when there is conspiracy.
** Intent to gain or prejudice is nit necessary.
172. FALSIFICATION BY PRIVATE
INDIVIDUALS AND USE OF FALSIFIED
DOCUMENTS
Falsification of public, official, or commercial
document by a private individual
Elements:
1. Offender – private individual or public
official or employee who did not take
advantage of his official position;
2. He committed any of the acts of
falsification enumerated in art 171
3. Falsification was committed in a
public, official, or commercial
document.
PUBLIC DOCUMENT – any instrument
authorized by a notary public or a competent
public official with the solemnities required
by law.
OFFICIAL DOCUMENT – a document issued by
a public official in the exercise of the
functions of his office.
COMMERCIAL DOCUMENT – any document
defines and regulated by the Code of
Commerce.
** The possessor of a falsified document is
presumed to be the author of the
falsification.
** Lack of malice or criminal intent is a
defense in falsification of public document.
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** The principal thing punished is the
VIOLATION OF PUBLIC FAITH and the
PERVERSION OF TRUTH which the document
solemnly proclaims – prejudice to a third
person is immaterial.
Falsification of private document:
Elements:
1. Offender – committed any acts of
falsification enumerated in art 172,
except in paragraph 7;
2. Falsification is committed in any
private document;
3. Falsification caused damage to a third
party, or at least with intent to cause
such damage.
** Complex crime – public, official, or
commercial documents
** One crime – private document, cannot be
complexed with any crime (against property)
Use of falsified document
INTRODUCING IN A JUDICIAL PROCEEDING
Elements:
1. Offender – knowledge that the
document was falsified by another
person;
2. False document is embraced in article
171 or 172 (par. 1-2);
3. He introduces such document as
EVIDENCE in any JUDICIAL
PROCEEDING.
USE IN ANY OTHER TRANSACTION
Elements:
1. Offender – knowledge that the
document was falsified by another
person;
2. False document is embraces in article
172 and 172 (par. 1-2)
3. He used such document NOT IN
JUDICIAL PROCEEDING;
4. Such use of document caused damage
to another or at least was used with
intent to cause such damage.
177. USURPATION OF AUTHPRITY OR
OFFICIAL FUNCTION
Committed:
1. By representing himself to be an
officer, agent or representative of any
department or agency of the
government;
2. By performing an act pertaining to a
person in authority or public officer.
** Mere act of knowingly and falsely
representing oneself to be an officer, etc. is
sufficient. There must be positive, express
and explicit representation. (1)
© Hanna Magkasi 2007
January 2007
** The act performed must pertain to the
government, or to any person in authority or
to any public officer.
178. USING FICTITIOUS NAME AND
CONCEALING TRUE NAME
Using fictitious name
Elements:
1. Offender – uses a name OTHER that
his REAL name
2. He uses this name PUBLICLY
3. Purpose –
a. conceal a crime;
b. evade execution of a judgment;
c. cause damage to public interest
Concealing true name
Elements:
1. Offender conceals –
a. his true name
b. all other personal circumstances
2. Purpose – conceal his identity
USE OF UNREGISTERED ALIASES
** Pseudonym – solely for literary, cinema,
television, radio or other entertainment
purposes and in athletic events.
** Proceedings – judicial authority for a
change of name; name duly recorded in the
proper local civil registry.
180. FALSE TESTIMONY AGAINST A
DEFENDANT
Elements:
1. Criminal proceeding
2. Offender – testifies falsely under oath
against the defendant
3. Offender knows the falsity of such
testimony
4. Defendant – must be convicted or
acquitted in a final judgment.
** Defendant must be sentenced to a
correctional penalty, fine, or must be
acquitted.
181. FALSE TESTIMONY FAVORABLE TO
THE DEFENDANT
** Reason – tendency to favor or prejudice
the defendant
** The false testimony in favor of defendant
need not directly influence the decision of
acquittal.
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** The false testimony favorable to the
defendant need not benefit the defendant.
** Conviction or acquittal of defendant is not
necessary.
** The defendant who falsely testified in his
own behalf is guilty here.
** Rectification made spontaneously after
realizing the mistake is not false testimony.
182. FALSE TESTIMONY IN CIVIL CASES
Elements:
1. Testimony given in a civil case;
2. Testimony relates to the issues
presented in said case;
3. Testimony is false;
4. Defendant knows the falsity of such
testimony;
5. Testimony us malicious and given with
intent to affect the issue presented in
the case.
183. PERJURY
Elements:
1. Accused – made a statement under
oath or executed an affidavit upon a
material matter;
2. Such was made before a competent
officer authorized to receive and
administer oath;
3. Such was made in a willful and
deliberate assertion of falsehood;
4. Such false statement or affidavit us
REQUIRED BY LAW.
** NOT IN JUDICIAL PROCEEDING!!!
Material Matter – main fact which is the
subject of inquiry, materiality, great
importance to the case.
** The assertion of falsehood must be willful
and deliberate.
** Good faith or lack of malice is a DEFENCE
in perjury.
** Even if there is no law requiring the
statement to be made under oath, as long as
it is made for a legal purpose, it is sufficient.
SUBORNATION of perjury
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- Committed by a person who
knowingly and willfully makes
another to swear falsely and the
witness induced does testify under
circumstances rendering him guilty
of perjury.
- The one inducing another is the
principal by inducement and the
one induced is the principal by
direct participation.
OFFENSES AGAINST DECENCY AND
GOOD CUSTOMS
1. Grave scandal (200)
2. Immoral doctrines, obscene
publications and exhibitions (201)
3. Vagrancy and prostitution (202)
200. GRAVE SCANDAL
Elements:
1. Offender – performs an act: highly
scandalous as offending against
decency or good customs;
2. Highly scandalous conduct is not
expressly falling within any other
article of this code;
3. Such act is committed in a PUBLIC
PLACE or within the public knowledge
or view.
** The acts must be those that can cause
public scandal among the persons witnessing
them.
PROSTITUTE
Elements:
1. Offender – woman
2. Habitual indulgence in sexual
intercourse or lascivious conduct
3. Such act for money or profit
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