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Performs UNLAWFUL or
UNAUTHORIZED ACTS
Breach of allegiance to a government
3. That PROVOKES a WAR involving the
Elements: PHILIPPINES or expose Filipino citizens to
REPRISALS (retaliation) on their persons
1. Filipino citizen or Alien (residing in the or property
Philippines)
2. There is WAR Art. 119 – Violation of Neutrality
3. Levies war or
1. There is a WAR; the PH is NOT involved
4. Adheres to the enemies, gives them
2. There is a REGULATION issued for the
comfort
PURPOSE of NEUTRALITY
Art. 115 – Conspiracy to commit treason 3. The OFFENDER violates such
REGULATION
Proposal to commit, not punishable. Only
agreement to commit Art. 120 – Correspondence with hostile
country
Art. 116 – Misprision of Treason
1. Applies to ANY PERSON in time of WAR
1. Filipino citizen ONLY 2. The PH is INVOLVED
2. Has KNOWLEDGE of any conspiracy 3. The OFFENDER COMMUNICATES with
3. CONCEALS or does NOT DISCLOSE the the ENEMY COUNTRY or TERRITORY
same to proper authorities OCCUPIED by the enemy.
Art. 117 – Espionage Art. 121 – Flight to Enemy’s country
Paragraph 1 (NOTE: what is necessary is his 1. There is a WAR; PH is INVOLVED
PURPOSE, regardless if he has obtained the 2. The OFFENDER owes ALLEGIANCE to the
information or not) GOVERNMENT
1. Applies to ANY PERSON WITHOUT 3. There is a REGULATION PROHIBITING a
AUTHORITY PERSON to GO to the enemy country
2. ENTERS a warship, fort, naval or military 4. ATTEMPTS to FLEE or GO TO ENEMY
establishment or reservation COUNTRY
3. To OBTAIN INFORMATION Note: MERE ATTEMPT is PUNISHABLE
Paragraph 2 Art. 122- PIRACY in GENERAL and MUTINY on
1. Applies to PUBLIC OFFICER the HIGH SEAS or PHILIPPINE WATERS
2. He has in POSSESSION any data or Modes of Committing:
information
3. DISCLOSES the information to a 1. Attacking or Seizing a vessel on the HIGH
REPRESENTATIVE of a FOREIGN NATION SEAS or Philippine Waters
2. Seizing the WHOLE or PART of the Vessel
Art. 118 – Inciting to war or giving motives for
reprisals Elements:
St. Benedict of Europe and students, please guide me today as I take my exam in Criminal Law II. Amen.
3. He ATTACKED OR SEIZED THE PART OR 2. That there is a JUDICIAL or EXEC ORDER
WHOLE OF THE VESSEL on the RELEASE of the Prisoner
3. WITHOUT GOOD REASON, delays those
NOTE: Committed in HIGH SEAS and
mentioned above.
PHILIPPINE Waters; Offender NOT a member
Art. 127 – Expulsion
In PD 532 – Applies to ANY VESSEL;
Committed by ANY PERSON (including the Punishable Acts:
passenger); Applies to PHILIPPINE Waters
1. EXPELLING a person from the Philippines
ONLY
2. COMPELLING a person to CHANGE his
Art. 123 – Qualified Piracy RESIDENCE
St. Benedict of Europe and students, please guide me today as I take my exam in Criminal Law II. Amen.
1. PUBLIC OFFICER or EMPLOYEE 1. There is (a) PUBLIC UPRISING and (b)
2. He is ARMED with SEARCH WARRANT TAKING OF ARMS against the
legally procured government
3. He SEARCHES the DOMICILE, PAPERS or 2. PURPOSE:
other belongings 2.1 To remove from the allegiance of the
4. That the OWNER, ANY MEMBER of the government or its laws;
family, or TWO WITNESSES RESIDING in 2.2 Any body of land, naval or other
the same locality are NOT PRESENT. armed forces; or
3. to deprive the president or congress,
Art. 131 – Prohibition, interruption, and
wholly or partially of their powers
dissolution of peaceful meetings
Art. 134 (A) – Coup d’etat
Punishable acts:
1. Offender belongs to the MILITARY or
1. Prohibiting or interrupting WITHOUT
POLICE or holding any PUBLIC OFFICE or
LEGAL GROUND, the holding of a
EMPLOYMENT
peaceful meeting or by DISSOLVING the
2. SWIFT ATTACT accompanied by
same.
VIOLENCE, INTIMIDATION, THREAT,
2. HINDERING any PERSON from joining
STRATEGY or STEALTH
any lawful association or attending any
3. Attack directed to AUTHORITIES or any
meetings
MILITARY CAMP
3. PROHIBITING or HINDERING from
4. PURPOSE: to SEIZE or DIMINISH state
addressing any petition to the
power
authorities for the correction of abuses
or redress of grievances. Art. 137 – Disloyalty of Public Officers
Rebellion – overthrow and supersede the 1. Offender does not take arms or not in
existing government; Insurrection – seeks to open hostility against the government
effect some change of minor importance or 2. Incites others to the execution of any of
prevent the exercise of governmental the acts of rebellion
authority 3. Inciting done by: speeches,
proclamations, writings, emblems,
banners or other representations
St. Benedict of Europe and students, please guide me today as I take my exam in Criminal Law II. Amen.
Note: Inciting to commit (publicly); 1. Offender employs Force or Intimidation
proposal to commit (secretly) 2. Aims is to ATTAIN any of the purposes in
the crime of Rebellion or Sedition
Art. 139 – Sedition 3. WITHOUT PUBLIC UPRISING
Elements (2)
1. PUBLIC UPRISING and
TUMULTUOUSLY 1. Offender makes (a) attack (b) employs
2. Employ Force, Intimidation, or other force (c) intimidation (d) serious
means outside of legal methods resistance
3. Purpose: 2. Person assaulted is person in authority
a. To prevent the promulgation or or his agent
execution of any law or the 3. This person in authority or agent is
holding of any popular election engaged in their actual performance of
b. To prevent the National duties
Government or any provincial or 4. Offender knows that the person is a
municipal government to freely person in authority
exercise their functions
c. To inflict any HATE or REVENGE Two Kinds
upon the person or property of a. Simple assault
any public officer or employee b. Qualified assault – committed with
d. To commit for any political or weapons; offender is a public officer or
social end, any act of hate or employee; offender lays hands upon a
revenge person in authority
e. To despoil for any political or
social end Art. 152 – Persons in Authority and Agents of
Persons in Authority
Note: Rebellion (taking of arms); Sedition
(tumultuously) Mayor; Division Superintendent of Schools;
Pub and Priv school teachers; Teacher-nurse;
R – always political; S – political or social President of sanitary divison; Justice of the
Art. 148 – Direct Assaults Peace; Councilors; Bgy Captain and
Chairman
Crimes against public order. Punishible acts:
Art. 153 – Tumults and Other Disturbances
1. WITHOUT PUBLIC UPRISING, by of Public Order or Interruption liable to
employing force or intimidation for the cause disturbance
attainment of any of the purposes
enumerated in the defining the crimes of 1. Causing any serious disturbance in a
rebellion and sedition public place, office or establishment
2. WITHOUT PUBLIC UPRISING, by 2. Interrupting or disturbing performance,
attacking or employing force or seriously functions or gatherings or peaceful
resisting any person in authority or any meetings
of his agents 3. Making any outcry (shouting subversive
or provocative words)
Elements (1)
St. Benedict of Europe and students, please guide me today as I take my exam in Criminal Law II. Amen.
4. Displaying placards or emblems which Art. 160 – Commission of another crime
provoke a disturbance of public order in during service of penalty imposed for
such place another previous offense
5. Burying with pomp the body of a person
1. Offender was already convicted of final
who has been legally executed
judgment of one offense
Art. 156 – Delivering prisoners from jail 2. He committed a new felony before
beginning to serve or while serving the
1. A person was confined in a jail or penal
same
establishment
2. Offender removes therefrom such Art. 161 – Punishable acts:
person, or helps the escape of such
1. Forging the GREAT SEAL of the
person
GOVERNMENT of the PHILIPPINEs
Note: Detention prisoner or prisoner by final 2. Forging the SIGNATURE of the
judgment; Hospitals or asylum considered PRESIDENT
extension of jail or prison; Guard off duty 3. Forging the STAMP of the President
may be liable
Art. 163 – Making and importing and
Art. 157 – Evasion of service of sentence uttering false coins
St. Benedict of Europe and students, please guide me today as I take my exam in Criminal Law II. Amen.
1. Forging or Falsification of treasury or 2. Takes advantage of his official position
bank notes or other documents payable 3. Falsified the document: counterfeiting
to bearer or imitating any handwriting, signature
2. Importation of such false or forged or rubric; causing it to appear that
obligations or notes persons have participated in any act or
3. Uttering of such false or forged proceeding when they did not;
obligations or notes in connivance with
Note: PUBLIC OFFICER ONLY or NOTARY PUBLIC
the forgers or importers
or ECCLESIASTICAL MINISTER (if he committed
Art. 167 – Counterfeiting, importing and acts of falsification with respect to any record of
uttering instruments not payable to bearer document of such character that its falsification
may affect the civil status of person
1. There be an instrument payable to order
or the other document of credit NOT Art. 172 – Falsification of private individuals and
payable to bearer use of falsified documents
2. Offender either forged, imported or
Note: MUST be a PRIVATE INDIVIDUAL or PUBLIC
uttered such instrument
OFFICER, EMPLOYEE or NOTARY PUBLIC who
3. Connivance with the forger or importer
DOES NOT TAKE ADVANTAGE of his official
Art. 168 – Illegal possession and use of false position; Acts of falsification same as 171
treasury or bank notes and other
Art. 173 – Falsification of wireless, cable,
instruments of credit
telegraph and telephone messages and use of
1. Any treasury or bank note or certificate said falsified messages
... payable to order or other document of
1. Offender is an officer or employee of the
credit not payable to bearer is forged or
government or an officer or employee of
falsified by another person
a private corporation engaged in the
2. Offender KNOWS any of those
service of sending and receiving
instruments is forged or falsified
wireless, cable or telephone messages
3. He used the forged or falsified document
2. That he: utter fictitous wireless, cable,
or possess with intent to use
telegraph or telephone messages or
Art. 170 – Falsification of legislative falsified wireless, cable telegraph or
documents telephone messages.
St. Benedict of Europe and students, please guide me today as I take my exam in Criminal Law II. Amen.
1. Uses another name other than his true
name
2. Uses it publicly
3. Purpose is to conceal a crime; or evade
the execution of final judgment; or cause
damage to public interest
St. Benedict of Europe and students, please guide me today as I take my exam in Criminal Law II. Amen.