REVIEWER IN CRIMINAL LAW II Two Witness Rule – treason cannot be proved by circumstantial evidence;
two witnesses must prove the same overt act; must be adhered to in all
TITLE ONE: Crimes against National Security and Law of Nations
ARTICLE 114: TREASON
- Breach of allegiance to a government committed by a person who
owes allegiance to it
- No need for formal declaration of the existence of war
- The war must be against the government
- Purpose: to execute a treasonable design by force OR to deliver the
country to the enemy in whole or in part
- Must be in collaboration with the enemy
- There must be intent: cannot be through negligence
- Cannot be complexed with the means it was committed (murder,etc.)
- If committed by a citizen, may be committed outside the Philippines
- It is considered a continuous offense
Allegiance – obligation of fidelity and obedience to the government in return
for the protection they receive; may be permanent or temporary
Elements:
1. Offender is a Filipino citizen OR resident alien
2. There is war (PH involved)
3. Offender:
a. Levies war against the government OR
b. Adheres to the enemies + giving them aid or comfort
Levies war – actual assembling of men for the purpose of executing a
treasonable design;
Adherence to the enemy – intent to betray; intellectually or emotionally
favoring the enemy and harbouring sympathies or conviction disloyal to the
country’s interest and policy
Aid or comfort – physical act which strengthens or tends to strengthen the
enemy in the conduct of war OR act which weakens or tends to weaken the
power of the country to resist or to attack the enemy
external manifestations of the overt act in issue; does not apply to adherence
to the enemy
Defenses NOT accepted:
1. Suspended allegiance
2. Change of sovereignty
3. Loss of citizenship
ARTICLE 115: CONSPIRACY AND PROPOSAL TO COMMIT
TREASON
Conspiracy to Commit Treason – when in time of war, two or more
persons come to an agreement to levy war against the government OR to
adhere to the enemies and to give them aid or comfort and decide to commit
it
Proposal to Commit Treason – when in time of war, the person who has
decided to levy war against the government OR to adhere to the enemy by
giving them aid or comfort, proposes its execution to some other person
Note: The Two Witness Rule does NOT apply
ARTICLE 116: MISPRISION OF TREASON
- the concealment of the knowledge of conspiracy to commit treason
against the government
- Cannot be committed by a resident alien
- The offender is punished as an accessory to the crime of treason
Elements:
1. The offender owes allegiance to the Government (not foreigner)
2. He has knowledge of any conspiracy against the government
3. He conceals or does not disclose and make known the same as soon
as possible to the governor or fiscal of the place in which he resides
ARTICLE 117: ESPIONAGE ESPIONAGE TREASON
Not conditioned by the citizenship of Committed by one who has
- Offense of gathering, transmitting, or losing information respecting the offender allegiance to a country
the national defense with intent or reason to believe that the May be committed both in time or Committed only in times of war
information is to be used to the injury of the RPG or to the advantage peace or in time of war
of any foreign nation May be committed in many ways May only be committed by levying
(CA616) war against the government OR by
Ways of Committing Espionage: adhering to the enemy, giving it aid
and comfort
1. By entering, without authority, a warship, fort, or naval or military
establishment or reservation to obtain any information, plans,
photographs or other data of a confidential nature relative to the ARTICLE 118: INCITING TO WAR OR GIVING MOTIVES FOR
defense of the Philippines REPRISALS
2. By disclosing to the representative of a foreign nation the contents of - The intention is immaterial
the articles, data or information which he had in his possession by - Can be committed only in time of peace
reason of the public office he holds
Elements:
Elements of the First Way:
1. Offender performs unlawful or unauthorized acts
1. Offender (any person) enters a warship, fort, or naval or military 2. Such acts provoke or give occasion for a war involving or liable to
establishment or reservation involve the Philippines or expose Filipio citizens to reprisals on their
2. He has no authority persons or property
3. Purpose is to obtain information, plans, photographs or other data of
a confidential nature relative to the defense of the Philippines

Notes: ARTICLE 119: VIOLATION OF NEUTRALITY

- Offender must have intention to obtain information relative to the Neutrality – a nation or power which takes no part in a contest of arms going
defense of the Philippines on between others is referred to as neutral
- It is NOT necessary if that the offender should have obtained any
information Elements:

Elements of the Second Way: 1. There is a war in which the Philippines is not involved
2. There is a regulation issued by a competent authority for the purpose
1. Offender is a public officer of enforcing neutrality
2. He has in his possession the articles, data or information by reason of 3. Offender violates such regulation
the public office he holds
3. He discloses their contents to a representatives of a foreign nation
ARTICLE 120: CORRESPONDENCE WITH HOSTILE COUNTRY Two Ways of Committing Piracy

Elements: 1. By attacking or seizing a vessel on the high seas or PH waters

1. There is a war in which the PH is involved
2. Offender makes correspondence with an enemy country OR territory
occupied by an enemy
3. The correspondence is either:
a. Prohibited by the government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which might be useful to
the enemy
Correspondence – communication by means of letters
Note: If the intention of the offender is to aid the enemy by giving such
notice or information, the offense becomes qualified and amounts to treason.
ARTICLE 121: FLIGHT TO ENEMY’S COUNTRY
Elements:
2. By seizing in the vessel while on the high seas a whole or a part of
its cargo, its equipment or personal belongings of its complement or
passengers
Elements of Piracy:
1. A vessel is on the high seas or in PH waters
2. Offenders are not members of its complement or passengers of the
vessel
3. Offenders:
a. Attack or seize the vessel OR
b. Seize the whole or part of its cargo, its equipment or
personal belongings of its complement or passengers
Mutiny – the unlawful resistance to a superior officer, or the raising of
commotions and disturbances on board a ship against the authority of the
commander;
- usually committed by other members of the complement
- may be committed by passengers

1. There is a war in which the PH is involved PIRACY MUTINY

2. Offender owes allegiance (whether permanent or temporary) to the Committed by persons who are not Committed by members of the crew
government members of the vessel and who or the passengers
3. Offender attempts to flee or go to the enemy country attack the vessel or seize the cargoes
4. Going to the enemy country is prohibited by competent authority Intent to gain is essential Offenders may only ignore the ship’s
officer
Note: Mere attempt consummates the crime Intent may be to commit plunder

ARTICLE 122: PIRACY AND MUTINY ON THE HIGH SEAS OR IN
PHILIPPINE WATERS
Piracy – the robbery or forcible depredation on the high seas, without lawful
authority and done with animo furandi and in the spirit and intention of
universal hostility
Note: if the act committed was done sowing and creating a condition of
widespread and extraordinary fear and panic among populace in order to
coerce the government to give in to an unlawful demand, it shall be
considered Terrorism punishable under the Human Security Act of 2007
(RA9372)
ARTICLE 123: QUALIFIED PIRACY TITLE TWO: Crimes against the Fundamental Laws of the State

- a special complex crime punished as one crime regardless of the ARTICLE 124: ARBITRARY DETENTION
number of victims
Elements:
Circumstances Qualifying Piracy and Mutiny:
1. Offender is a public officer or employee
1. Seizing the vessel by boarding or firing upon the same 2. Offender detains a person
2. Abandoning the victims without means of saving themselves 3. Detention is without legal grounds
3. Accompanied by murder, homicide, physical injuries or rape
Detention – actual confinement of a person in an enclosure or in a manner
PIRACY UNDER PIRACY UNDER PIRACY UNDER detaining and depriving him of his liberty
PD532 ART.122 ART.122
(before amendment) (as amended by RA7659) Public Officer – any person who, by direct provision of law, popular
Punishes piracy Punishes piracy only if Punishes piracy election or appointment by competent authority, shall take part in the
committed in committed on the committed on the high performance of public functions in the government of the PI, or shall perform
Philippine waters high seas seas and in Philippine in said government or any of its branches, public duties as an employee,
waters agent, or subordinate official of any rank or class
May be committed by May be committed May be committed only
any person (including only by persons who by persons who are NOT Legal Grounds for Detention:
passengers or are NOT members of members of the vessel’s
members of the the vessel’s complement or NOT 1. Commission of a crime
complement of the complement or NOT passengers
2. Violent insanity or any other ailment requiring the compulsory
vessel), passengers
confinement of the patient in a hospital

Probable Cause – such facts and circumstances which could lead a

reasonable discreet 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

Valid Warrantless Arrest (RoC)

1. In flagrante delicto – based on personal knowledge

2. Hot pursuit
3. Prisoner who escaped
ARTICLE 125: DELAY IN THE DELIVERY OF DETAINED
PERSONS TO THE PROPER JUDICIAL AUTHORITY
Elements:
1. Offender is a public officer or employee
2. He detained a person for some legal grounds
3. He fails to deliver such person to the proper judicial authorities
within:
a. 12 hours – punishable by light penalties
b. 18 hours – punishable by correccional penalties
c. 36 hours – punishable by afflictive or capital penalties
Notes:
- Only applies to warrantless arrests
- Proper judicial authorities mean the courts of justice or judges of said
courts vested with judicial power to order the temporary detention of
a person charged with an offense
- Availing the benefit of a Preliminary Investigation constitutes a
waiver of the provisions of Art,125
- Before a suspected terrorist may be detained, a judge must be
notified (RA9372)
- The one liable is the one who ordered the detention
ARTICLE 126: DELAYING RELEASE
Acts Punishable under this Provision:
1. Delaying the performance of a judicial or executive order for the
release of a prisoner
2. Unduly delaying the service of the notice of such order to a prisoner
3. Unduly delaying proceedings upon any petition for the liberation of
such person
Elements:
1. Offender is a public officer or employee
2. There is a judicial or executive order for the release of a prisoner, or
there a proceeding upon any petition for the liberation of such person
3. Offender performs either one of the acts punishable under Art.126
Note: The persons liable are usually the wardens and peace officers in charge
of the custody of prisoners or detained persons
ARTICLE 127: EXPULSION
Punishable Acts:
1. Expelling a person from the PH
2. Compelling a person to change residence
Elements:
1. Offender is a public officer or employee
2. Offender either expels a person from the PH OR compels them to
change their residence
3. Officer is not authorized by law to do so
ARTICLE 128: VIOLATION OF DOMICILE
Acts Punishable:
1. Entering the dwelling against the will of the owner
2. Searching papers or others effects found therein without previous
consent of such owner
3. Refusing to leave the premises, after surreptitiously entered said
dwelling and after having been required to leave the same
Elements:
1. Offender is a public officer or employee
2. He is not authorized by judicial order to enter the dwelling and/or to
make a search therein for papers other effects
Notes:
- Failure of the owner of the house to object to the opening of the
closet and the taking of their personal properties does not amount to
an implied waiver of her right against unreasonable search and
seizure [Rojas v. Sps. Matillano (2004)]
- This provision does not apply when a person is searched outside his
dwelling; the effects must be found in the dwelling
- What constitutes the crime of violation of domicile is the refusal to
leave when required to do so
- Qualifying Circumstances:
o Committed at night time
o Any of the papers or effects not constituting a crime were
not returned immediately
ARTICLE 129: SEARCH WARRANTS MALICIOUSLY OBTAINED
AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED
Search Warrant – an order in writing issued in the name of the People,
signed by a judge and directed to a peace officer commanding him to search
for personal property described therein and bring it before the court.
- The search must be made in the presence of 2 witnesses of sufficient
age and discretion residing in the same locality
- It is valid within 10 days from its date
- The officer seizing any property must give a detailed receipt
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
Objects of a Search Warrant:
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 a means of committing an offense
Requisites for the Issuance of a Search Warrant:
1. Existence of probable cause in connection to one specific offense
2. Personal examination by the judge of the complainant/witness under
oath
3. Describes the place to be examined and the things to be seized
Acts Punishable:
1. Procuring a search warrant without a just cause
2. Exceeding the authority or using unnecessary severity in executing a
search warrant legally procured
Elements (First Act):
1. Offender is a public officer or employee
2. He procures a search warrant
3. No just cause
Elements (Second Act):
1. Offender is a public officer or employee
2. He legally procured a search warrant
3. He either exceeded his authority or used unnecessary severity in
executing the same
Test of Lack of Just Cause: whether the affidavit filed in support of the
application for search warrant has been drawn in such a manner that perjury
could be charged thereon; the oath required must refer to the truth of the facts
within the personal knowledge of the applicant or his witnesses
Effect of Violation of Section 2 and 3 of the Bill of Rights: inadmissibility
Notes:
- Warrantless search is valid if it is incident to a lawful arrest, with or
without a warrant
- Search and seizure of vessels may be done without warrant because
vessels may be moved quickly out of the locality or jurisdiction in
which the warrant is effective
ARTICLE 130: SEARCHING DOMICILE WITHOUT WITNESSES
Elements:
1. Offender is a public officer or employee
2. He is armed with a search warrant legally procured
3. The search was done when the owner or any member of his family,
or two witnesses residing in the same locality and of sufficient age
and discretion are not present
Note: Does not apply to vehicles or other means of transportation not found
in the dwelling
ARTICLE 131: PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACE MEETINGS
Acts Punished:
1. Prohibiting, interrupting or dissolving, without legal ground, the
holding of a peaceful meeting
2. Hindering any person from joining any lawful association or from
attending any of its meeting
3. Prohibiting or hindering any person from addressing any petition to
the authorities for the correction of abuse or redress of grievances
Elements:
1. Offender is a public officer or employee
2. Performed any of the prohibited acts
Notes:
- The right to peaceful meeting is NOT absolute and may be regulated
- There is no legal ground when the danger sought to be prevented is
NOT imminent and the evil to be prevented is not a serious one
- The offender must a stranger and not a participant in the peaceful
meeting
ARTICLE 132: INTERRUPTION OF RELIGIOUS WORSHIP
Elements:
1. Offender is a public officer or employee
2. Religious ceremonies or manifestations of any religion is about to
take place or are going on
3. Offender prevents or disturbs the same
Qualifying Circumstance: if done with violence or threats
ARTICLE 133: OFFENDING RELIGIOUS FEELINGS
Elements:
1. Acts complained of were performed in a place devoted to religious
worship or during the celebration of any religious ceremony
2. The acts must be notoriously offensive to the feelings of the faithful
Notes:
- The religious worship need not be celebrated in a place of worship
- Religious ceremonies are those religious acts performed outside of a
church
- The acts must be directed against religious practice or dogma or
ritual for the purpose of ridicule, as mocking or scoffing at or
attempting to damage an object of religious veneration
- There must be deliberate intent to hurt the feelings of the faithful
- The offense to feelings is judged from the complainant’s point of
view
TITLE THREE: Crimes against Public Order REBELLION TREASON
Committed during peace time Committed during existence of war
ARTICLE 134: REBELLION AND INSURRECTION The uprising and taking up of arms is The levying of war is to aid the
to overthrow the government enemy
Elements Always involves the taking up of May be committed by adherence to
arms the enemy giving them aid or
1. There is a public uprising and taking up of arms against the comfort
government
2. The purpose is
a. To remove from allegiance to the government or laws: ARTICLE 134-A: COUP D’ETAT
i. A territory of the PH or any part thereof
Coup d’etat – a swift attack accompanied by violence, intimidation, threat,
ii. Any body of land, naval or other armed forces
strategy, or stealth directed against duly constituted authorities of the
b. To deprive the chief executive or congress, wholly or
Republic of the Philippines or any military camp or installation by any
partially of any of their powers or prerogatives
persons belonging to the military for the purpose of seizing or diminishing
Rebellion – where the object of the movement is to completely overthrow state power
and supersede the existing government
- May be committed with or without civilian participation
Insurrection – employed in reference to a movement which merely seeks to
Elements:
effect some change of minor importance, or to prevent the exercise of
governmental authority with respect to particular matters or subjects 1. The offender belongs to a military or police or holding any public
office or employment
Political Crimes – those directly aimed against the political order or to
2. Committed by a swift attack accompanied by violence, intimidation,
achieve political purpose
threat, strategy or stealth
- Rebellion is by nature a crime of masses or of a multitude. It is a vast 3. The attack is directed against duly constituted authorities of the
movement of men and a complex net of intrigues and plots Republic of the Philippines, or any military camp or installation,
- It is not required that there be actual class of arms with the communication networks, public utilities, or other facilities needed
government for those who are in conspiracy with others actually for the exercise and continued possession of power
taking up arms 4. The purpose is to seize or diminish state power
- Giving of aid and comfort is not criminal in rebellion
- Mere silence or omission of a public officer is not punishable in
rebellion ARTICLE 136: CONSPIRACY AND PROPOSAL TO COMMIT
- It is not a defense that the accused never took the oath of allegiance COUP D’ETAT, REBELLION OR INSURRECTION
or that they never recognized the government
- There is no complex crime or rebellion and other common crimes. Two Different Crimes Punished:
Those crimes committed in furtherance of rebellion are absorbed in
rebellion 1. Conspiracy to commit rebellion
2. Proposal to commit rebellion
ARTICLE 137: DISLOYALTY OF PUBLIC OFFICERS OR
EMPLOYEES
Punishable Acts:
1. Failing to resist a rebellion by all means in their power
2. Continuing to discharge the duties of their offices under the control
of the rebels
3. Accepting appointment to office under them
- This provision presupposes the existence of an actual rebellion
- The offender under this provision must not be in conspiracy with the
rebels
ARTICLE 138: INCITING TO REBELLION OR INSURRECTION
Elements:
1. The offender does not take arms or is not in open hostility against the
government
2. He incites others to the execution of any of the acts of rebellion
3. The inciting must be done by means of speeches, proclamations,
writings, emblems, banners or other representations tending to the
same end
ARTICLE 139: SEDITION
Sedition – the raising of commotions or disturbances in the State; the
ultimate object is a violation of the public peace or at least such a course of
measures as evidently endangers it.
Elements
1. The offenders rise publicly AND tumultuously
2. They employ force, intimidation or other means outside of legal
methods
3. The purpose is to attain any of the ff. Methods:
a. Prevent the promulgation or execution of any law or the
holding of any popular election
b. Prevent the National Government, or any of the municipal
government, or any public officer thereof from freely
exercising its or his functions, or prevent the execution of
any administrative order
c. Inflict any act of hate or revenge upon the person or property
of any public officer or employee
d. Commit any act of hate or revenge against private persons or
any social class for any political or social end
e. To despoil, for any political or social end, any person,
municipality or province, or the National Government of all
or part of its property

PROPOSAL TO COMMIT SEDITION REBELLION TREASON

INCITING TO REBELLION
REBELLION Purpose may be social Purpose is always Purpose is to aid the
It is not required that the person The person who proposes has or political political enemy
inciting has decided to commit decided to commit rebellion Involves the raising of Involves the overthrow Involves the violation
rebellion commotions or of the Government and by a subject of his
The act of inciting a rebellion is done The person who proposes the disturbances in the taking up of arms allegiance to his
in publicly execution of the crime uses secret State during times of peace sovereign or to the
means supreme authority of
The offender induces another to commit rebellion; the State
The crime of rebellion should not be committed
- Cannot be committed by just one person; it has to be tumultuous
- Public uprising and the object of sedition must concur
- Common crimes are NOT absorbed in sedition
ARTICLE 141: CONSPIRACY TO COMMIT SEDITION
- There must be an agreement and a decision to rise publicly and
tumultuously to attain any of the objects of sedition
- There is NO crime of proposal to commit sedition
ARTICLE 142: INCITING TO SEDITION
Acts of Inciting to Sedition
1. Inciting others to commit any acts constituting sedition by means of
speeches, proclamations, writings, emblems, etc
2. Uttering seditious words or speeches which tend to disturb the public
peace
3. Writing, publishing, or circulating scurrilous libels against the
Government or any of the duly constituted authorities thereof, which
tend to disturb the public peace
Elements
1. Offender does not take part in the crime of sedition
2. Offender incites others to the accomplishment of any of the acts
which constitute sedition (to rise publicly and tumultuously)
3. Inciting is done by means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations tending to the
same end
When “uttering seditious words or speeches which tend to disturb the
public peace” is punishable:
1. They tend to disturb or obstruct any lawful officer in executing the
functions of his office
2. They tend to instigate others to cabal and meet together for unlawful
purposes
3. They suggest or incite rebellious conspiracies or riots
4. They lead or tend to stir up the people against the lawful authorities
or to disturb the peace of the community, the safety and order of the
Government
- Knowingly concealing such evil practices is also punishable under
this provision
- Also, unlawful ruor-mongering and spreading false information is
punishable
- What is punished is the use of words, emblems, etc, not the
performance of an act
- It is NOT necessary that there is disturbance or disorder in inciting to
rebellion
Tests as to Seditious Words
1. Clear and Present Danger Rule – whether words as of such nature
that by uttering them, there is a danger of a public uprising and that
such danger should be both clear and imminent; the danger must not
only be probable but very likely inevitable
2. Dangerous Tendency Rule – whether the words uttered or
published could easily produce disaffection among the people and a
state of feeling in them incompatible with a disposition to remain
loyal to the government and obedient to the laws
ARTICLE 143: ACTS TENDING TO PREVENT THE MEETING OF
THE ASEMBLY AND SIMILAR BODIES
Elements
1. There is a projected or actual meeting of the National Assembly or
any of its subcommittees or subcommittees, constitutional
committees or divisions thereof, or of any provincial board or city or
municipal council or board
2. The offender may be any person who prevents such meeting by force
or fraud
- If the meeting was prevented by reason of an alleged defect or
irregularity, there must be an investigation first and anyone who
prevents the meeting on the basis of such alleged defect may be held
liable under this provision
ARTICLE 144: DISTURBANCE OF PROCEEDINGS
Elements
1. There is a meeting of the National Assembly or any of its
committees or subcommittees, constitutional commissions or
committees of divisions thereof, or of any provincial board or city or
municipal council or board
2. Offender
a. Disturbs any of such meetings
b. Behaves while in the presence of any such bodies in such a
manner as to interrupt its proceedings or to impair the
respect due it
- It must be a meeting of a legislative body or fo a provincial board or
city or municipal council
- The case may be filed by a member of the legislative council or
legislative body
ARTICLE 145: VIOLATION OF PARLIAMENTARY IMMUNITY
Parliamentary Immunity – guarantees the legislator complete freedom of
expression without fear of being made responsible in criminal or civil actions
before the courts or any other form outside of the Congressional Hall
Punishable Acts
1. Using force, intimidation, threats, or frauds to prevent any member
of the National Assembly from
a. Attending the meetings of the National Assembly
b. Expressing his opinions
c. Casting his vote
2. Arresting or searching any member of the National Assembly while
it is in regular or special session
a. EXCEPT: if the crime committed is punishable by a penalty
higher than prision mayor
- Parliamentary immunity does not protect a member of the National
Assembly from responsibility before the legislative body itself.
ARTICLE 146: ILLEGAL ASSEMBLIES
Illegal Assemblies
1. Any meeting attended by armed persons for the purpose of
committing any of the crimes punishable under the Code OR
Elements:
a. There is a meeting, gathering or group of persons in a fixed place
or moving
b. It is attended by armed persons
c. The purpose of the meeting is to commit any of the crimes
punishable under the Code
Note: Not all people in the assembly must be armed but even those not armed
are liable
2. Any meeting in which the audience whether armed or not, is incited
to commit the crime of treason, rebellion or insurrection, sedition, or
assault upon a person in authority or his agents
Elements
a. There is a meeting, gathering or group of people, in a fixed place
or moving
b. The audience, armed or not, is incited to the commission of the
crime of treason, rebellion or insurrection, sedition or direct
assault
Notes:
- The audience must actually be incited to commit the crimes
mentioned
- The crime committed by the leaders, organizers and those merely
present is illegal assembly while the one actually inciting the
audience is guilty of inciting rebellion or sedition
- The persons merely present must have a common intent to commit
the felony of illegal assembly
- When a person carries an unlicensed firearm, it is presumed that the
purpose of the meeting is to commit acts punishable under the Code
AND that the person is the leader or organizer of the meeting
ARTICLE 147: ILLEGAL ASSOCIATIONS c. At the time of the assault, the person in authority or his agent is
engaged in the performance of official duties, or that he is
Illegal Associations assaulted by reason of the past performance of his official duties
- Associations totally or partially organized for the purpose of d. Offender knows that the one he assaulting is a person in
committing any of the crimes punishable under the Code authority or his agent in the exercise of his duties
e. There is no public uprising
- Associations totally or partially organized for some purpose contrary
to public morals
- The force employed on the agent of a person in authority must be of
ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION a serious character, however, the force employed need not be serious
It is necessary that there is an actual It is not necessary that there be an when the offended party is a person of authority
meeting or assembly actual meeting or assembly - The intimidation or resistance must be serious whether the offended
It is the meeting and attendance in It is the act of forming or organizing party is an agent only or he is a person in authority
such meeting that are punished and membership in the organization - The information must allege knowledge that the person assaulted is a
that are punished
person in authority
Persons liable are the organizers or The persons liable are the founders,
leaders of the meeting, and the directors and president, and members - Offender must have the intention to defy the authorities
persons present - It is not necessary that the person in authority is in actual
performance of his official duty when attacked or seriously
intimidated
ARTICLE 148: DIRECT ASSAULTS
Person in authority – any person directly vested with jurisdiction
Ways to Commit the Crime: whether as an individual or as a member of some court or governmental
corporation, board, or commission, shall be deemed a person in authority
1. Without public uprising, by employing force or intimidation for the
attainment of any of the purposes enumerated in defining the crimes Agent of a person in authority – one who, by direct provision of law or
of rebellion and sedition by election or by appointment by competent authority, is charged with
Elements the maintenance of public order and the protection and security of life
a. Offender employs force or intimidation and property, and any person who comes to the aid of persons in
b. The aim is to attain any of the purposes of the crime of rebellion authority
or any of the objects in the crime of sedition
c. There is no public uprising Qualified Assault
2. Without public uprising, by attacking, by employing force or by
seriously intimidating or seriously resisting any person in authority 1. When committed with a weapon
or any of his agents, while engaged in the performance of official 2. When the offender is a public officer or employee
duties, or on the occasion of such performance 3. When the offender lays hands upon a person in authority
Elements Note: there is a complex crime of direct assault with homicide or murder or
a. Offender makes an attack, employs force, makes a serious serious physical injuries but the crime of slight physical injuries is absorbed
intimidation or makes a serious resistance in direct assault
b. The person assaulted is a person in authority or his agent
ARTICLE 149: INDIRECT ASSAULT Elements of Resistance and Serious Disobedience

Elements 1. A person in authority or his agent is engaged in the performance of

official duty o gives a lawful order to the offender
1. A person in authority is a victim of direct assault (Art.148) 2. Offender resists or seriously disobeys such person in authority or his
2. A person comes to the aid of such authority or his agent agent
3. Offender makes use of force or intimidation upon such person 3. Act of offender does not fall under Art. 148,149 or 150.
coming to the aid of the authority or his agent
Elements of Simple Disobedience

1. An agent of the a person in authority is engaged in the performance

ARTICLE 150: DISOBEDIENCE TO SUMMONS ISSUED BY THE of official duty or gives a lawful order to the offender
NATIONAL ASSEMBLY, ITS COMMITTEES OR 2. Offender disobeys such agent of a person in authority
SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, 3. Disobedience is not of a serious nature
SUBDIVISIONS OR DIVISIONS
RESISTANCE OR SERIOUS
Acts Punished: DIRECT ASSAULT
DISOBEDIENCE
The person in authority or his agent Must be in the actual performance of
1. Refusing, without legal excuse to obey summons of the National may be in the performance of official his duties
Assembly, its special or standing committees and subcommittees, the duties or that he is assaulted by
Constitutional Commissions and its committees, subcommittees or reason thereof
divisions, or by any commission or committee chairman or member Committed in 4 ways (attacking, Only committed by resisting or
authorized to summon witness employing force, seriously seriously disobeying a person in
2. Refusing to be sworn or placed under affirmation while being before intimidating and seriously resisting a authority
person in authority or his agent
such legislative or constitutional body
The attack or employment of force The use of force is not so serious;
3. Refusing to answer any legal inquiry or to produce any books, must be serious and deliberate there is no intention to defy the law
papers, documents, or records in his possession, when required by The use of any kind or degree of or the officers enforcing it
them to do so in the exercise of their functions force will give rise to direct assault It may be that no force is employed
4. Restraining another from attending as a witness in such legislative or
constitutional body
5. Inducing disobedience to a summons or refusal to be sworn by any
such body or official

ARTICLE 151: RESISTANCE AND DISOBEDIENCE TO A PERSON

IN AUTHORITY OR THE AGENTS OF SUCH PERSONS

Note: this provision punishes both serious and simple disobedience

 TITLE FOUR: Crimes against Public Interest
ARTICLE 170: FALSIFICATION OF LEGISLATIVE DOCUMENTS
ARTICLE 171: FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR NOTARY OR ECCLESIATICAL MINISTER
Acts Punishable:
1. Counterfeiting or imitating any handwriting, signature, or rubric
2. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them
4. Making untruthful statements in a narration of facts
5. Altering true dates
6. Making any alteration or intercalation in a genuine document which
changes its meaning
7. Issuing in an authenticated form a document purporting to be a copy
of an original document when no such original exists, or including in
such copy a statement contrary to, or different from, that of the
genuine original
8. Intercalating any instrument or note relative to the issuance thereof
in a protocol, registry, or official book.
Elements
1. Offender is a public office, employee or notary public
2. He takes advantage of his official position
3. He falsifies a document by committing any of the 8 acts
4. In case the offender is an ecclesiastical minister, the act was
committed with respect to any record or document of such character
that its falsification may affect the civil status of persons
ARTICLE 172: FALSIFICATION BY PRIVATE INDIVIDUAL AND USE
OF FALSIFIED DOCUMENTS
Acts Punished:
1. Falsification of public, official or commercial document by a private
individual
2. Falsification of private document by any person
3. Use of falsified document
Elements of falsification of public, official or commercial document by a
private individual
1. Offender is a private individual or a public officer or employee who
did not take advantage of his official position
2. He committed any acts of falsification in Art.171
3. Falsification was committed in a public or official or commercial
document
TITLE EIGHT: Crimes against Persons
ARTICLE 246: PARRICIDE
Elements:
1. A person is killed
2. The deceased is killed by the accused
3. The deceased is the father, mother, or child (legitimate or
illegitimate), or a legitimate other ascendant or other descendant, or
legitimate spouse of the accused
- Relationship is the essential element of parricide and this must be
alleged
- Other ascendants and descendants must be legitimate
- Spouse must be legitimate
- Child must be at least 3 days old; if not, infanticide
- Parricide is applicable even if committed by mistake

ARTICLE 247: DEATH OR PHYSICAL INJURIES INFLICTED
UNDER EXCEPTIONAL CIRCUMSTANCES
Requisites for the Application of Article 247
1. A legally married person or parent surprises his spouse or his
daughter (below 18 and living with him), in the act of committing
sexual intercourse with another person
2. He or she kills any or both, or inflicts upon any or both, any serious
physical injury during the act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or
daughter, or that he has not consented to the infidelity of the other
spouse
- Not a felony but an exempting circumstance
- Parent need not be legitimate
- Does not apply to the parents when the daughter is already married.
Only the husband can claim the benefit of this article
- It is an indispensable requirement that the accused surprised the
spouse or the daughter in the act of sexual intercourse
- The justification is that the spouse or parent acted in a justified burst
of passion
- The spouse or parent cannot be held liable for the injury suffered by
a third person due to the act falling under Art.247
Cases when parricide is not punished with reclusion perpetua to death
1. When committed through negligence (Art.365)
2. When committed by mistake (Art.249)
3. When committed under exceptional circumstances (Art.247)
ARTICLE 248: MURDER
Murder – the unlawful killing of any person which is not parricide or
infanticide, provided that any of the qualifying circumstances is present
Elements:
1. That a person is killed
2. Accused killed him
3. The killing was attended by any of the qualifying circumstances
4. Killing does not amount to parricide or infanticide
Qualifying Circumstances:
1. With treachery, taking advantage of superior strength, with the aid of
armed men, or employing means to weaken the defense, or of means
and persons to insure or afford impunity
2. In consideration of a price, reward or promise
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment of assault upon a railroad, fall of an
airship, by means of motor vehicles, or with the use of any other
means involving great waste or ruin
4. On occasion of any of the calamities (in #3), or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic, or any other
public calamity
5. With evident premeditation
6. With cruelty, by deliberately augmenting the suffering of the victim,
or outraging or scoffing at his person or corpse
- There must be intent to kill in killing under the qualifying
circumstances, except if with the use of treachery
- Only one of the qualifying circumstances need to exist to qualify the
killing into murder
- Treachery and evident premeditation is inherent in murder by poison,
thus, cannot be considered as aggravating.
Treachery – when the killing was done in a sudden and unexpected manner
and the victim is not in a position to defend himself.
Evident Premeditation – it is present when the offender had the time from
when he conceived/determined to kill his victim and his acts showed that he
clung to his determination to kill his victim. There must be sufficient lapse of
time between the determination and the execution of the killing.

ARTICLE 249: HOMICIDE
- the unlawful killing of any person which is neither parricide,
infanticide nor murder
Elements:
1. Person was killed
2. Accused killed him without any justifying circumstance
3. Accused has the intention to kill (presumed)
4. The killing was not attended by any of the qualifying circumstances
of murder, or by that of parricide or infanticide
Accidental Homicide – death of a person brought about a lawful act
performed with proper care and skill, and without homicidal intent
Corpus delicti – the actual commission of the crime; not the body of the
person killed.
- When death resulted the intent to kill is presumed
- The intent must be proved beyond reasonable doubt
- There is no offense of frustrated homicide through negligence – must
be physical injuries through reckless imprudence
- If the wounds which caused the death were inflicted by 2 or more
persons, both are guilty of homicide
- Killing must not be justified
- When murder results in death, the crime committed is murder or
homicide; the fact of use of unlicensed firearms is considered an
aggravating circumstance
- There must be satisfactory evidence of the fact of death and the
identity of the victim
ARTICLE 251: DEATH CAUSED IN A TUMULTUOUS AFFRAY
Elements:
1. There are several persons (at least 4 persons)
2. They did not compose groups organized for the common purpose of
assaulting and attacking each other reciprocally
3. Several persons attacked and assaulted one another in a confused and
tumultuous manner
4. Someone was killed in the course of the affray
5. It cannot be curtained who actually killed the accused
6. The person/s who inflicted serious physical injuries or who used
violence can be identified
Tumultuous – the disturbance was caused by more than 3 ersons who are
armed or are provided with means of violence
- The person/s who inflicted serious physical injuries are liable. If it
cannot be ascertained who inflicted physical injuries on the
deceased, then all the persons who used violence upon the person of
the victim are liable with lesser liability
ARTICLE 252: PHYSICAL INJURIES INFLICTED IN A
TUMULTUOUS AFFRAY
Elements:
1. There is a tumultuous affray
2. A participant or participants suffer serious physical injuries or less
serious physical injuries
3. Person responsible cannot be identified
4. All who appeared to have used violence are known
ARTICLE 253: GIVING ASSISTANCE TO SUICIDE
Acts Punishable
1. By assisting another to commit suicide, whether consummated or not
2. By lending assistance to another to commit suicide, amounting to
doing the killing himself

- A person trying to commit suicide is NOT liable
- What it punishes is the giving of assistance to commit suicide
- It is difference from mercy-killing (euthanasia)
- One who practices euthanasia may be liable for murder
ARTICLE 254: DISCHARGE OF FIREARMS
Elements:
1. Offender discharges a firearm against or at another person
2. Offender has no intention to kill that person
- The discharge must be at a person. If not, this provision is not
applicable
- Firing a gun against the house of the offended party only constitutes
an alarm under Art.155
- There must be no intention to kill
- When the discharge of firearms caused serious or less serious
physical injuries, it is complexed
- This is applicable if the gun was aimed at a person initially but not
when it was shot
ARTICLE 255: INFANTICIDE
Infanticide – the killing of a child less than 3 days of age whether the killer
is the parent or grandparent or any relative of the child, or a stranger
Elements
1. Child was killed
2. The child was less than 3 days of age
3. Accused killed the child
- If the one who killed the child is a parent, grandparent or any
ascendant, the penalty is that of parricide
- If the one who killed the child is not an ascendant or a stranger, the
penalty is that of murder
- Concealing dishonour is only a mitigating circumstance that
mitigates the liability of the mother or a maternal grandparents
- To apply the mitigating circumstance of concealing dishonor, the
mother must be of good reputation
- No crime of infanticide is committed when the child is born dead or
even if alive, it could not sustain life when it was killed.
ARTICLE 256: INTENTIONAL ABORTION
Abortion – wilful killing of the fetus in the uterus, or the violent expulsion
of the fetus from the maternal womb which results in the death of the fetus
Ways of Committing Intentional Abortion
1. By using any violence upon the person of the pregnant woman
2. By acting, without violence, without the consent of the pregnant
woman
3. By acting with the consent of the pregnant woman
Elements
1. There is a pregnant woman
2. Violence is exerted, or drugs or beverages administered or the
accused acts upon such pregnant woman
3. As a result of the violence or drugs or beverages, or any act of the
accused, the fetus dies, either in the womb or after having been
expelled therefrom
4. The abortion is intended
- The person liable is the one who intentionally caused the abortion.
The pregnant woman is liable under Art.258
 - If the fetus could already sustain life outside the womb, then it is - If the purpose is to conceal her dishonour, only the woman or her
infanticide, if not, the crime is abortion parents may be liable under this provision
- If the purpose of the parents was not to conceal her dishonour, then
they are liable under Art.256 (intentional abortion)
- The liability of the pregnant is mitigated if the purpose is to conceal
ARTICLE 157: UNTINTENTIONAL ABORTION
her dishonour. However, this is not applicable to the parents even if
Elements: the purpose is the same

1. There is a pregnant woman

2. Violence is used upon such pregnant woman without intending an
abortion ARTICLE 259: ABORTION PRACTICE BY A PHYSICIAN OR
3. Violence is intentionally exerted MIDWIFE AND DISPENSING OF ABORTIVES
4. As a result of the violence, the fetus dies, either in the womb or after Elements:
having been expelled therefrom
1. A pregnant woman suffered abortion
- Unintentional abortion can only be committed by violence (physical 2. Abortion is intended
force) 3. Offender is a physician or a midwife who causes or assists in causing
- There is a crime of unintentional abortion through reckless the abortion
imprudence
- There is complex crime of homicide with unintentional abortion
- There is a complex crime of parricide with unintentional abortion
Elements if Pharmacist
- Unintentional abortion cannot be by use of poison or any
medicine/substance 1. Offender is a pharmacist
2. There is no proper prescription from a physician
3. Offender dispenses any abortive
ARTICLE 258: ABORTION PRACTICED BY THE WOMAN Note: knowledge that the abortive would cause abortion is immaterial
HERSELF OR BY HER PARENTS because what is punished is the dispensing of abortive without proper
Elements: prescription from a physician

1. A pregnant woman suffered an abortion

2. The abortion is intended
ARTICLE 260: RESPONSIBILITY OF PARTICIPANTS IN A DUEL
3. The abortion was caused by:
a. The woman herself Duel – formal or regular combat previously concerted between 2 parties in
b. Any other person with her consent the presence of 2 or more seconds of lawful age on each side, who make the
c. Her parents, with her consent, for the purpose of concealing selection of arms and fix all other conditions of the fight
her dishonour
Act Punishable
 1. Killing one’s adversary in a duel 1. Depriving a person of some essential organ for reproduction
2. Inflicting upon such adversary physical injuries (castration)
3. Making a combat although no physical injuries have been inflicted 2. Other mutiliation other than an essential part for reproduction
(mayhem)
Persons Liable:
Elements of First Kind
1. The persons who kill or inflicted physical injuries upon his adversary
or both combatant (principals) 1. There is a castration or mutilation of organs necessary for generation
2. The seconds (accomplices) 2. Mutilation is caused purposely and deliberately

- The code disregards the intent to kill in a duel if only physical Note: the offender must have the intention to deprive the offended party of a
injuries resulted from the duel part of his body
- If death occurred, intent to kill is presumed thus, penalty is that of
homicide

ARTICLE 263: SERIOUS PHYSICAL INJURIES

ARTICLE 261: CHALLENGING TO A DUEL
How Committed
Acts Punishable
1. Wounding
1. Challenging another to a duel
2. Beating
2. Inciting another to give in or to accept a challenge to a duel 3. Assaulting
3. Scoffing at or decrying another publicly for having refused a 4. Administering injurious substances
challenge to fight in a duel
Classes of Serious Physical Injuries:
Note: to be a duel, the person making the challenge must have in mind a
formal combat to be concerted between him and the challenged in the 1. The injured becomes insane, imbecile, impotent or blind (lost bothe
presence of 2 or more seconds eyes) as a consequence of the injuries inflicted
2. Injured person
a. Loses the use of speech or the power to hear (both ears) or
ARTICLE 262: MUTILATION smell, or loses an eye, a hand, a foot, an arm, or a leg
b. Loses the use of any such member
Mutilation – the lopping or the clipping off of some part of the body c. Becomes incapacitated for the work he is habitually engaged
3. Person injured
Two Kinds of Mutilation a. Becomes deformed
 b. Loses any other member of his body
c. Loses the use thereof
d. Becomes ill or incapacitated for the performance of the work
in which he is habitually enagaged for more than 90 days
e. Injured person becomes ill or incapacitated for labor for
more than 30 days but not more than 90 days.

- Intent to kill differentiates serious physical injuries from homicide

-

Deformity – required to be physical ugliness, permanent and definite

abnormality, and conspicuous and visible