Ateneo 2007 Criminal Law (Book 2) Part 1.pdf

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ART. ART. 113: OBLIGATION TO SATISFY SATISFY CIVIL CIVIL LIABILITY NOTES:  Unless extinguished, civil liability subsists even if the offender has served sentence consisting of deprivation of liberty or other rights or has not served the same, due to amnesty, pardon, commutation of the sentence or any other reason. Under the the law law as amended, even if the  subsidiary imprisonment is served for nonpayment of fines, this pecuniary liability of the defendant is not extinguished.  While amnesty amnesty wipes wipes out out all traces and vestiges of the crime, it does not extinguish the civil liability of the offender. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. Probation affects only the criminal aspect of  the crime.

BOOK II

TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Section 1 – Treason and Espionage ART 114. TREASON ELEMENTS: ELEMENTS: 1. Offender is a is a Filipino c itizen or an alien QuickTime™ and a resident; TIFF (Uncompressed) decompressor are needed to see this picture. 2. There’s a w ar in in and Philippines and Philippines is involved; and 3. Offender either either – a. Levies war against the government; or b. Adheres to Adheres to enemies, enemies, giving aid or comfort.

NOTES: NOTES: Treason – breach of allegiance allegiance to the government by a person who owes allegiance to it. Al leg ian ce – obligation of fidelity and obedience obedience which individuals owe to the government under which they live or to their sovereign, in return for protection they receive Treason is is a war crime crime - punished by state as a measure of self-protection Committed in times of war (not peace) when - there is actual hostilities - no need for a declaration of war . Mere acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason. But when the position is policy-determining, the acceptance of public office and the discharge of official duties constitute treason.

PERSONS PERSONS LIAB LE: 1. Filipino – permanent allegiance; can commit treason anywhere 2. Al ien Resi di ng – temporary allegiance; commit treason only while residing in Philippines NOTES: NOTES: Treason committed in a foreign country may be prosecuted in the Philippines. (Art.2, RPC) Treason by an alien must be committed in the Philippines. (EO 44).

WAYS TO COMMIT TREASON: 1. Levying war against against government - requires: a. Actual assembling of assembling of men b. Purpose of executing a treasonable design, by force 2. Ad her es to enemies enemies – following must concur together: a. Actual adherence b. Give aid or comfort or comfort NOTES: NOTES: Levying war - must be with intent to overthrow the government as such, not merely to repeal a particular statute or to resist a particular officer . Not necessary necessary that those attempting to overthrow the government by force of arms •

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should have the apparent power to succeed in their design, in whole or in part Ad her enc e – intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s policy or interest. Ai d or Com fo rt – act w/c strengthens or tends to strengthen strengthen the enemy of the government in the conduct of war against the government, or an act w/c weakens or tends to weaken the power of the government or the country to resist or to attack the enemies of the gov’t or country

WAYS TO PROVE: 1. Treason a. Testimony of Testimony of at least 2 witnesses to the same overt act b. Judicial confession of confession of accused 2. Ad her enc e a. One witness b. Nature of act itself c. Circumstances surrounding act NOTES: NOTES: To convict: convict: testimonies must relate to the same overt act – not two similar acts If act is separable – separable – each witness can testify to parts of it; it; but the act, as a whole, must be identifiable as an overt act Confession must Confession must be in open court Reason for Reason for 2-witness 2-witness rule  special nature of the crime requires that the accused be afforded a a special protection protection not required in other cases so as to avoid a miscarriage of justice. Extreme seriousness seriousness of the crime, for which death is one of the penalties provided by law, and the fact that the crime is committed in abnormal times, when small differences may in mortal enmity wipe out all scruples in sacrificing the truth. •

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and is therefore inseparable from treason itself. DEFENSE: - Duress or uncontrollable uncontrollable fear - Obedience to de to de facto government NOT DEFENSE: - Suspended allegiance - Joining the enemy army thus becoming a citizen of the enemy

ART. 115. CONSPIRACY CONSPIRACY AND PROPOSAL TO COMMIT TREASON

ELEMENTS – CONSPIRACY: CONSPIRACY : 1. In time of war; 2. Two or more persons come to an agreement to a. levy war against against the government, or b. adhere to the enemies and enemies and to give them aid or comfort 3. They decide to commit it. commit it. ELEMENTS – PROSOPAL : 1. In time of war 2. A person who who has decided to levy war against the government, or to adhere to the enemies and enemies and to give them aid or comfort 3. Proposes Proposes its execution to some other person/s. General Notes: Notes : As a gen eral ru le, le , conspiracy and proposal to commit a felony is not punishable (ART.8). Art 115 is an exception as it specifically penalizes conspiracy and proposal to commit treason. Mere agreement and decision to commit treason is punishable. Two-witness Two-witness rule – not applicable since this is a crime separate from treason Mere proposal even without acceptance is punishable, too. If the other accepts, accepts, it is already conspiracy. If actual acts of acts of treason are committed after committed after the conspiracy or proposal, the the crime committed will be treason , and the conspi racy or proposal is consid ered ered as a means means in th e commission thereof. commission thereof. •

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General Notes: Notes : Inherent circumstances they do not aggravate the crime QuickTime™ and a TIFF (Uncompressed) decompressor - Evident premeditation are needed to see this picture. - superior strength - treachery Treason Treason is a continuing crime. crime. Even after the war , offender can still be prosecuted. No treason through negligence since it must be intentional No No complex crime of treason with murder – murder is the overt act of aid or comfort •

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ART. 116. MISPRISION MISPRISION OF TREASON TREASON

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ELEMENTS: ELEMENTS: 1. Offender owes allegiance to allegiance to the government 2. Not a foreigner 3. Has knowledge of any conspiracy conspiracy (to commit treason) against the government 4. He conceals or does not disclose the disclose the same to the authorities in w/c he resides. NOTES: NOTES: Offender is punished as an accessory to the crime of treason. treason. But is actually principal to this crime. Crime doesn’t apply if crime of treason is already already co mmitted and it is not reported. reported . It is a crime of omission. RPC mentions 4 individuals (i.e. governor, provincial fiscal, mayor or city fiscal), but what if you report to some other high-ranking government. official? Ex: PNP Director? Judge Pimentel says any governement. official of th e DILG DILG is is OK..

ELEMENTS: 1. That the offender is a public o fficer fficer ; 2. That he has in his possession possession the articles, data or information referred to in the first mode of committing espionage, espionage, by reason of the public office he office he holds; and 3. That he discloses discloses their contents to a representative of a foreign nation. nation .

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ART. 117. ESPIONAGE ESPIONAGE – is the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or the advantage of a foreign foreign nation.

MODES of COMMITTING COMMITTING ESPIONAGE: 1. By entering, without authority, authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Philippines. QuickTime™ and a ELEMENTS: TIFF (Uncompressed) decompressor are needed to see this picture. 1. That the offender enters a warship, fort, naval or military establishment or reservation; 2. That he has no authority therefore; authority therefore; and 3. That his purpose is to obtain information , plans, photographs or other data of a confidential nature relative to the defense defense of the Philippines.

By disclosing to the representative of a foreign nation nation the contents of the articles, data or information referred to in the preceding paragraph, which he had in his possession by reason of the public office he holds.

PERSONS PERSONS LIAB LE: 1. First mode: a. Filipino b. alien residing 2. Second Second m ode: a. Offender is a public officer. NOTES: NOTES: Being a public officer is a requirement in the second paragraph It is aggravating in the first. •

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General Notes: Notes : Espionage is the offense offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of injury of the Philippines or the advantage of any foreign nation. It is not conditioned on citizenship. Wiretapping is not espionage if the purpose is not co nnected with the defense. In the first mode of mode of committing the felony, it is not necessary that the offender succeeds in obtaining the information. •

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TREASON ESPIONAGE In both – both – not conditioned by citizenship of offender Committed in war time War and Peace time Limited in two ways of Committed in many ways committing crime: committing crime: levying war, and adhering to the enemy giving him aid or comfort



ART. 119. VIOLATION OF NEUTRAL NEUTRAL ITY C.A. NO. 616 An Ac t to t o Puni Pu ni sh Esp io nag e and Oth Other er Offenses Offense s A gainst National Security ACTS PUNISHABL E: 1. Unlawfully obtaining or permitting to be obtained information affecting national defense; defense; 2. Unlawful disclosing disclosing of information affecting national defense; 3. Disloyal acts or words in words in time of peace (i.e. peace (i.e. causing in any manner insubordination, disloyalty, mutiny or refusal of duty of any member of the military, naval, or air forces of the Philippines); 4. Disloyal acts in acts in time of war ; war ; 5. Conspiracy to Conspiracy to commit the foregoing acts; 6. Harboring or concealing concealing violators violators of the law (i.e. the offender harbors a person whom he knows as someone who committed or is about to commit a violation of this Act); and 7. Photographing from aircraft of aircraft of vital military information.

Section Section Two – Provoking War War & Disloyalty in Case of War

ART. 118. INCITING TO WAR OR GIVING GIVING MOTIVES FOR REPRISAL REPRISALS S ELEMENTS: 1. Offender performs unlawful or unauthorized acts; acts; 2. Such acts provoke or give occasion for a war war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property; NOTES: NOTES: QuickTime™ and a (Uncompressed) Crime is TIFF committed indecompressor time of peace. peace. are needed to see this picture. Intent of Intent of the offender is immaterial . In inciting to war, the offender is any person. person . If the offender is a public officer , the penalty is high er. Reprisals are not limited to military action, action , it could be economic reprisals, reprisals , or denial of entry into entry into their country. Example: X burns Chinese flag. If China bans the entry of Filipinos into China, that is reprisal.

ELEMENTS: 1. That there is war in war in which the Philippines is not involved; involved ; 2. That there is a regulation regulation issued by competent authority for the purpose of enforcing neutrality; neutrality ; and 3. That the offender violates such violates such regulation. NOTES: NOTES: This crime is committed only in time of war . war . Neutrality of the Philippines that that was violated. There has to be a regulation issued by competent authority for enforcement of neutrality – offender violated it Being a public officer or employee has higher penalty •

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ART. 120. CORRESPONDECE CORRESPONDECE WITH WITH HOSTILE HOSTILE COUNTRY ELEMENTS: 1. There’s a war war in and Philippines is involved; involved ; 2. That the offender offender makes correspondence with an enemy country or territory occupied by enemy troops; 3. That the correspondence is either – – a. prohibited by the government, or b. carried on in ciphers or conventional signs, signs, or c. containing notice or information which might be useful to the enemy. enemy . QUALIFYING QUAL IFYING CIRCUMSTANCES: CIRCUMSTANCES: 1. Notice or information information might be useful useful to the enemy. 2. Offender intended intended to aid the enemy. NOTES: NOTES: Circumstances qualifying the offense: 1. notice or information might be useful to the enemy 2. offender intended to aid the aid the enemy A hostile country country exists only only during hostili ties or after the declaration declaration o f war. Correspondence to enemy country is correspondence to officials officials of enemy country even if said official is related to the offender. •

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It is no t correspondence with private individual in enemy country. If ciphers were used, no need for prohibition of prohibition of the government. If ciphers were not used, used , there is a need for prohibition of prohibition of the government. It is immaterial if correspondence contains innocent matters. matters . If prohibited, correspondence is punishable.

PIRACY – it is robbery or o r forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility.

MUTINY – MUTINY – the unlawful resistance resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander.

ART. 121. FLIGHT TO ENEMY’S ENEMY’S COUNTRY ELEMENTS: 1. There’s a war and war and Philippines is involved; involved ; 2. Offender owes allegiance allegiance to the government; 3. Offender attempts to flee or go to enemy country; country; and 4. Going to enemy country is prohibited by competent authority. PERSONS PERSONS LIAB LE: 1. Filipino citizen Filipino citizen 2. Al ien res id in g in the Philippines NOTES: NOTES: Mere attempt consummates attempt consummates the crime. There must be a prohibition. prohibition . If there is none, even if one went to enemy country, there is no crime. An alien resident resident may be held guilty for this crime because an alien owes allegiance to the Philippine government albeit temporary. • •

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ELEMENTS of PIRACY: 1. A vessel is on the high seas or Philippine waters; 2. Offenders – Offenders – no t members of its complement nor passengers of the vessel; and 3. That the offenders – offenders – a. attack or seize seize vessel (if vessel (if committed by crew or passengers, the crime is not piracy but robbery in the high seas), or b. seize whole seize whole or part of vessel’s cargo, cargo , equipment or personal belongings of its complement or passengers. NOTES: NOTES: High seas - any waters waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign government; government; parts of the sea that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state (United Nations Convention on the Law of the Sea). Philippine waters – waters – all bodies of water, such as but not limited to seas, gulfs, bays, around, between and connecting each of the islands of the Philippine Archipelago, irrespective of its depth, breath, length or dimension, and all waters belonging to the Philippines by historic or legal title, including territorial sea, the seabed, the insular shelves, and other submarine areas over which the Philippines has sovereignty and jurisdiction. (Sec. 2, P.D. No. 532) Now, Art. 122, as amended by R.A. 7659 Piracy and Mutiny in Philippine waters is punishable. Before R. A. 7659 amended Art 122, piracy and mutiny only on the high seas was punishable. punishable. However, the commission of the acts described in Arts. 122 and 123 in Philippine waters was waters was under P.D. No. 532. •

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Section Three – Piracy & Mutiny on The High Seas ART. 122. PIRACY IN GENERAL GENERAL A ND MUTINY ON THE HIGH SEAS QuickTime™ and a

(Uncompressed) decompressor PIRACY – MODESTIFF TO COMMIT: are needed to see this picture. 1. By attacking attacking or seizing a vessel on the high seas or in the Philippin e waters waters (PD 532); 2. By seizing the whole or part of the cargo of said vessels, its equipment or personal belongings of its complement or passengers, the offenders being strangers strangers to the vessels.

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Piracy Piracy in high seas – seas – jurisdiction of any court where offenders are found or arrested. Piracy in internal waters waters – jurisdiction of Philippine courts. For purposes of the An ti -Fenc in g Law , piracy is part of r obbery and theft.

PIRACY

MUTINY

PIRACY

ROBBERY ON HIGH SEAS

The offender is an outsider.

The offender is a member of the complement or a passenger of the vessel.

In both, there is intent to gain and the manner of committing the crime is the same.

WITHIN PHIL. WATERS

Offender is an outsider

PD 532, Anti-Piracy Anti-Piracy Offender is passenger

Directly or indirectly indirectly abets abets the commission of piracy.

NOTE: NOTE: Under PD 532, piracy may be committed even by a passenger or member of the complement of the vessel.

ART. 123. QUALIFIED PIRACY

Robbery or forcible Unlawful resistance to a degradation on the superior officer, or the high seas, without raising of commotion and lawful authority and disturbances on board a done with animo ship against the authority of furandi and furandi and in the spirit its commander. and intention of universal hostility. Intent to gain is an Intent to gain is not an element. element Attack from outside. outside. Attack from the the inside. Offenders are strangers to the vessel.

Art. 122, RPC

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PD 532 (ANTI-PIRACYQuickTime™ AND ANTI-HIGHWAY and a TIFF (Uncompressed) decompressor ROBBERY LAW OF 1974) are needed to see this picture.

VESSEL VESSEL – any vessel or watercraft used for (a) transport of transport of passengers and cargo or (b) for fishing. AIDING OR ABETTING PIRACY REQUISITES: REQUISITES: 1. Knowingly aids or protects pirates; 2. Acquires or receives receives property property taken taken by such pirates, or in any manner derives any benefit;

QUALIFYING QUAL IFYING CIRCUMSTANCES: CIRCUMSTANCES: 1. Seizure of the vessel by boarding or firing upon the same; 2. Ab and on men t of victims without means of saving th emselves emselves; or 3. Piracy was accompanied by murder, homicid e, physical inju ries, or rape. rape. NOTES: NOTES: Parricide/infanticide should be included (according to Judge Pimentel). There is a conflict conflict between this provision and the provisio n on rape. Ex: If rape is committed on someone below 7 yrs. old – penalty is death under the new rape law. But if rape committed on someone below 7 during the time of piracy – r eclusion e clusion perpetua to death. Themurder/rape/homicide/physical Themurder/rape/homicide/physical injuries must injuries must have been committed on the passengers or on the comp lement of lement of the vessel. Piracy is a crime not against any particular state but against all mankind. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. QUALIFIED PIRACY – a SPECIAL COMPLEX CRIME punishable CRIME punishable by reclusión perpetua perpetua to death, regardless of the number of victims.

R. A. NO. 6235 An ti ti-Hij -Hijack ack in g L aw

ACTS PUNISHABL E: 1. By compelling a change in the course or destination of an aircraft of Philippine registry, registry , or seizing or usurping the usurping the control thereof while it is in flight ;



2. By compelling an aircraft of foreign registry registry to land in Philippine territory or seizing or usurping usurping the control thereof while it is in the said territory ; and 3. By shipping, loading, or carrying carrying in any passenger aircraft operating as a public utility w/in the Philippines, any explosive, flammable, corrosive or poisonous substance or material. IN FLIGHT – From the moment all exterior doors are closed closed following embarkation until the same doors are again opened for disembarkation. NOTES: NOTES: (Atty. Palacios) Where the aircraft is of Philippine registry, registry , the offense must be committed while in flight. flight . Hence, the act must take place after all exterior doors are closed closed following embarkation. Where the aircraft is of foreign registry, registry , offense need not take place while in flight. •

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QUALIFYING CIRCUMSTANCES (Par 1 & 2): 1. Firing upon the pilot, member of the crew or passenger of the aircraft; 2. Exploding or attempting to explode explode any bomb or explosive to destroy the aircraft; or 3. The crime is accompanied by murder, homicide, serious physical injuries, or rape. rape. NOTES: NOTES: (Atty. Palacaios) For “firing upon” to qualify the offense, the offender must have actually fired fired his weapon. Mere attempt is not enough. For “firing upon” to qualify the offense, the offender need not succeed in hitting hitting the pilot, crew member or passenger. •

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TITLE TWO CRIMES AGAINST THE FUNDAMENTAL LAWS and a OF THEQuickTime™ STATE TIFF (Uncompressed) decompressor are needed to see this picture.

CLASSES OF ARBITRARY DETENTION: 1. By detaining a detaining a person without legal ground 2. Delay in the delivery of delivery of detained persons to the proper judicial authorities 3. Delaying release

ART. 124. ARBITRA RY DETENTION DETENTION ELEMENTS: 1. That the offender is a public officer or employee employee (whose official duties include the authority to make an arrest and detain persons); 2. That he detains a detains a person; and 3. That it was without legal grounds. grounds . NOTES: NOTES: Arbitrary detention is the deprivation by a public officer officer of of the liberty of a person w/o any legal ground. ground . Though the elements specify that the offender be a public officer or employee, private individuals individuals who conspire with public officers can officers can be liable as principals. Legal grounds grounds for the detention of any person: commission of a crime violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Grounds for warrantless arrest: arrest: Crime is about to be, is being, or has been committed; Arresting officer must have personal knowledge that the person probably committed the crime; or Person to be arrested is an escaped prisoner. Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel) Ramos v. Enrile: Enrile: Rebels later on retire. Once you have committed rebellion and have not been punished or amnestied, the rebels continue to engage in rebellion, unless the rebels renounce their affiliation. Arrest can be made without a warrant because rebellion is a continuing crime.

ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES

ELEMENTS: 1. That the offender is a public officer or employee; employee; 2. That he has detained detained a person for some legal ground; ground ; and Page Pa ge 69 of 174


3. That he fails to deliver such person to the proper judicial authority within: a. 12 hours, hours, detained for crimes punishable by light penalties, penalties , or equivalent; b. 18 hours, hours , for crimes punishable by correctional penalties, penalties , or their equivalent; or c. 36 hours, hours, for crimes/offenses punishable by capital punishment or afflictive penalties, penalties , or their equivalent. NOTES: NOTES: The felony means delay in filing the necessary information or charging of person detained in court which may be waived if a preliminary investigation is asked for. This does not contemplate actual physical delivery. The filing of the information in court beyond the specified periods does not cure illegality of detention . Neither does it affect the legality of the confinement under process issued by the court. To prevent committing this this felony, officers usually ask accused to execute a waiver of Art. 125 125 which should be under oath and with assistance of counsel. counsel. Such waiver is not violative of the constitutional right of the accused. Contemplates arrest by virtue virtue of some legal legal ground or valid warrantless arrest. If arrested arrested by virtue of arrest warrant, person may be detained until case is decided. •

ART. 126: DELA YING RELEASE ELEMENTS: 1. That the offender is a public officer or employee; employee; 2. That there is a ju di ci al or exec ut iv e or der for the release release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of liberation of such person; and 3. That the offender without good reason delays: delays : a. the service of service of the notice of such order to the prisoner, or b. the performance performance of such judicial or executive order for the release of the prisoner, or c. the proceedings proceedings upon a petition for the release of such person.

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NOTE: NOTE: Wardens and jailers are the persons most likely to violate this provision. •

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LENGTH OF WAIVER: Light offense – 5 days. Serious and less serious offenses – 7 to 10 days. (Judge Pimentel) If offender is a private person, person , the crime is illegal detention.

ARBITRARY ARB ITRARY DETENTION (124)

DELAY IN DELIVERY OF DETAINED (125) QuickTime™ and a

TIFF (Uncompressed) decompressor to see this picture. Detention is illegalare needed Detention is legal in the beginning , but illegality from the beginning. beginning, starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. authority.

ART. 127. EXPULSION ELEMENTS: 1. That the offender is a public officer or employee; employee; 2. That he expels expels any person from the Philippines, or compels a compels a person to change his residence; residence; and 3. That the offender is not autho rized rized to do so by law. ACTS PUNISHABL E: 1. by expelling expelling a person from from the Philippines; Philippines; or 2. by compelling a person to change his residence NOTES: NOTES: Acts punishable: The crime of expulsion absorbs that of grave coercion. coercion. If done by a private person, person , act will amount to grave coercion. Crime does not include expulsion of undesirable aliens, destierro, or when sent to prison. If a Filipino who, after voluntarily leaving the country, is illegally refused re-entry is considered a victim of being forced to change his address.



Threat to national security is not a valid ground to expel or to compel one to change his address. The Chief Executive Executive has the power to deport undesirable aliens. ART. 128. VIOLATION OF DOMICILE ELEMENTS: 1. That the offender is a public officer or employee; employee; 2. That he is not author ized ized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects; and 3. That he commits any commits any of the following acts: a. entering any entering any dwelling against the will of the owner thereof; b. searching papers or other effects found therein without the previous consent of such owner; c. refusing refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same. SPECIAL AGGRAVATING CIRCUMSTANCES: 1. nighttime 2. papers or effects not constituting constituting evidence of a crime are not return ed immediately NOTES: NOTES: The ju The ju di ci al o rd er i s t he s earc h w arrant arr ant . If the offender who enters the dwelling against the will of the owner thereof is a private individual, individual , the crime committed is trespass to dwelling (Art dwelling (Art 280). When a public officer searched a person “ outside outside his dwelling” without a search warrant and such person is not legally arrested for an offense, the crime committed by the public officer is either: grave coercion coercion if violence or intimidation is used (Art 286), or unjust vexation if vexation ifand there is no violence QuickTime™ a TIFF (Uncompressed) decompressor or intimidation 287). are needed to see (Art this picture. Public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner, even if he knew that someone in that dwelling is in unlawful possession of opium.

ACTS PUNISHABL E: 1. procuring a search warrant without just cause ELEMENTS: 1. That the offender is a public officer or employee; 2. That he procures procures a search warrant; and 3. That there is no just cause. cause. 2. exceeding his authority by using unnecessary severity in executing a search warrant legally legally pro cured ELEMENTS: 1. That the offender is a public officer or employee; 2. That he has legally legally procured a search warrant; and 3. That he exceeds his authority or uses unnecessary severity in executing the same. NOTES: NOTES: Search warrant is valid for 10 days days from its date of issue. If there is no just cause, the warrant is unjustified. The search is limited to what is described in the warrant, warrant , all details must be with set forth with particularity. Example of a warrant maliciously obtained: X was a respondent of a search warrant for illegal possession of firearms. A return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. Examples of abuse in service of warrant: warrant: 1. X owner was handcuffed while search was going-on. 2. Tank was was used to ram gate prior prior to announcement that a search will be made. 3. Persons who were not respondents respondents were searched. An exception to the necessity of a search warrant is the right of search and seizure as an incident to a lawful arrest.

ART. 129. SEARCH WARRANTS MALICIOUSLY OBTAINED, AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED Page Pa ge 71 of 174


ART. 130. SEARCHING DOMICILE DOMICILE WITHOUT WITNESSES ELEMENTS: 1. That the offender is is a public officer or employee; employee; 2. That he is armed with a search warrant legally procured; procured ; 3. That he searches searches the domicile, papers or other belongings of any person; and 4. That the owner , or any member of his family, family , or two witnesses witnesses residing in the same locality are not present. present . NOTES: NOTES: Order of those who must witness the search: Homeowner Members of the family of sufficient age and discretion Responsible members of the community Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. The latter is preferred for objective determination.

Meeting Meeting must be peaceful and peaceful and there is no legal ground for prohibiting, dissolving or interrupting that meeting. Offender must be a stranger , not a participant, participant , in the peaceful meeting; otherwise, the offense is unjust vexation. Interrupting and dissolving a meeting meeting o f the municipal council by a public officer is a crime against the legislative body and not pun ishable under this article. The person person talking talking on a prohibited prohibited subject subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped. But stopping stopping the speaker who was attacking certain churches in public meeting is a violation of this article. Those holding peaceful meetings must comply with local ordinances. Example: Example: Ordinance requires permits for meetings in public places. But if a police stops a meeting in a private place because there’s no permit, officer is liable for stopping the meeting.

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ART. 132. INTERRUPTION INTERRUPTION OF RELIGIOUS ART. 131. PROHIBITION, INTERRUPTION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

ELEMENTS: 1. Offender is a public off icer or employee employee;; 2. He performs any of the following acts : a. prohibiting or interrupting, interrupting , without legal ground the holding of a peaceful meeting, meeting, or dissolving dissolving the same (e.g. denial of permit in arbitrary manner). b. hindering hindering any person from jo in in g any lawful association or from attending any attending any of its meetings c. prohibiting or hindering any hindering any person QuickTime™ and a TIFF (Uncompressed) decompressor from addressing, addressing , either alone or are needed to see this picture. together with others, any petition to the authorities authorities for the correction of abuses or redress of grievances. NOTES: NOTES: If the offender is a private individual, individual , the crime is disturbance of public order (Art 153). •

ELEMENTS: 1. That the officer is is a public officer or employee; employee; 2. That religious ceremonies or manifestations of any religion are about to take place or are going on; and 3. That the offender prevents or disturbs disturbs the same. NOTES: NOTES: Qualifying circumstances: 1. violence; violence; or 2. threats. threats. Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion, religion , but only a meeting of a religious sect. sec t. But if done in a private home, home, it’s a religious service. Religious Worship includes people in the act of performing religious rites for a religious ceremony or a manifestation of religion. Examples: Mass, Examples: Mass, baptism, marriage



X, a private person, person , boxed a priest while the priest was giving homily and maligning a relative of X. Is X liable? X may be liable under Ar under Ar t 133 (Off end in g rel ig io us feelin feel in gs ) because X is a private person.

(132)

ntal law of the state

Offending the Religious Feeling (133)

Crime against public order

ART. 133. OFFENDING OFFENDING RELIGIOUS FEELINGS FEELINGS ELEMENTS: 1. Acts complained of were performed – a. in a place devoted to religious feelings, feelings, or b. during the celebration of any religious ceremony 2. Acts must be notoriously offensive offensive to the feelings of feelings of the faithful; 3. Offender is any person; person ; and 4. There’s a deliberate intent intent to hurt the feelings of the faithful, faithful , directed against religious tenet. NOTES: NOTES: If in a place devoted devoted to religious purp ose, ose, there is no need for an ongoing religious ceremony. Example of religious ceremony (acts performed outside the church): church): Processions and special prayers for burying dead persons but NOT prayer rallies. Acts must be directed against against religious practice or dogma or ritual for the purpose of ridicule, ridicule, as mocking or scoffing or attempting to damage an object of religious veneration. There must be deliberate intent to hu rt the feelings feelings of the faithful, mere arrogance or rudeness is not enough. enough.

Public officers, private persons, outsiders

religious = tumult or alarms If not notoriously offensive = unjust vexation If not tumults = alarms and scandal If meeting illegal at onset = inciting to sedition or rebellion

TITLE THREE CRIMES AGAINST PUBLIC ORDER

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POLITICAL CRIMES – are those directly aimed against the political order, as well as such common crimes as may be committed to achieve a political purpose. The decisive factor is the intent or motive.

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NATURE WHO OF ARE CRIME LIABLE Crime Public QuickTime™ and a against officers, TIFF (Uncompressed) decompressor are needed to see this picture. the Outsiders fundame ntal law of the state

If not by public officer = Tumults

ELEMENTS: 1. That there be a public armed uprising; uprising ; and 2. That the purpose purpose of the uprising or movement is either: a. to remove from the allegiance to said government or its laws the territory of the Philippines or any part thereof or any body o f land, naval naval or other armed forces, forces , or b. to deprive deprive the chief executive or congress, congress , wholly or partially, of any of their powers or pr erogatives. erogatives.

Crime against the fundame

If by insider = unjust vexation If not

PERSONS PERSONS LIABL E: 1. Any person who: (a) promotes, (b) maintains, or (c) heads a rebellion or insurrection (leader ); ); 2. Any person person merely participating or executing the command of others in rebellion (participant (participant); ); and

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CRIME

Prohibition, Interruption and Dissolution of Peaceful Meeting (131) Interruption of Religious Worship

ART. 134. REBELL ION OR INSURRECT INSURRECTION ION

Public officers, Outsiders

IF ELEMENT MISSING



3. Any person who in fact directed directed the others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the rebels (person (person deemed leader when leader is unknown) unknown ) NOTES: NOTES: Rebellion is Rebellion is the term used where the object of the movement is completely to overthrow and supersede the existing government. Insurrection Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of governmental authority w/ respect to particular matters or subjects. Purpose Purpose of the uprising must be shown but it is not necessary that it be accomplished. If there is no public uprising, uprising , the crime is direct assault. Mere giving of aid or comfort is not criminal criminal in the case of rebellion. There must be ACTUAL be ACTUAL par ti ci pat io n . people vs. Hernandez ruling: ruling: rebellion cannot be complexed with ordinary crimes done pursuant to it people vs. Geronimo ruling: ruling: crimes done for private purposes without political motivation should be separately punished Enrile vs. Salazar ruling: upheld Hernandez Thus: Thus: Rebellion absorbs absorbs other crimes committed in furtherance furtherance of rebellion. Illegal possession possession of firearms in furtherance of rebellion is absorbed by the crime of rebellion. A private crime may be committed during rebellion. Rape, even if not in furtherance of rebellion cannot be complexed with rebellion. Rebellion is a continuing crime along crime along with QuickTime™ and a the crime of conspiracy or proposal to TIFF (Uncompressed) decompressor are needed to see this picture. commit rebellion. If killing killing or robbing were done for private purposes purposes or for profit, without any political motivation, motivation , the crime would be separately separately be punished and would not be embraced by rebellion (People (People v. Fernando). Fernando). If the leader is unknown, unknown, a person is deemed a leader of rebellion if he: a. directed directed the others, b. spoke spoke for them, •

c. signed receipts signed receipts and other documents issued in their name, and d. performed similar acts on behalf of of the rebels. Diverting public funds is malversation absorbed in rebellion. Public officer must take active active part, part, because because mere silence or omission is not punish able as as rebellion. rebellion . In rebellion, it is not a defense that that the accused never took the oath of allegiance, or that they never recognized the government.

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ART. 134 – A. COUP D’ ETAT ELEMENTS: 1. Offender is a person or persons belonging to the military, or police or holding any public office or employment, 2. Committed by means of swift attack, accompanied by violence, intimidation, threat, strategy or stealth; 3. Directed against: a. duly constituted authorities of the Philippines b. any military camp or installation c. communication networks, public utilities or other facilities needed for the exercise and continued possession of power 4. For the purpose of seizing or diminishing state power .

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PERSONS PERSONS LIAB LE: 1. Any person who leads or or in any manner directs or commands others to undertake coup d’etat (leaders (leaders); ); 2. Any person in the government service service who participates or executes directions or commands of others in undertaking coup d’etat (participants (participants from government); government ); 3. Any person not in the government service who participates, or in any manner, supports, finances, abets, or aids in undertaking a coup d’etat (participants (participants not from government); government); and 4. Any person who in fact directed directed the others, others, spoke for them, signed receipts and other documents issued in their name, or performed similar acts, on behalf of the rebels (deemed (deemed leader if leader if leader is unknown)

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TREASON (114)

REBELL ION (134)

COUP D’ETAT (134-A)

Public Order

SEDITION (139)

National Security

Public Order

Public Order

Levying war against the gov’t; OR Adherence and giving aid or comfort to enemies

Public uprising AND Taking up arms against the gov’t

Attack against authorities, authorities, military camp, networks or public utilities, or other facilities for power

Rising publicly and tumultuously (more than 3 men who are armed or provided with means of violence)

Deliver the gov’t to the enemy during war

Removing territory , or body of armed forces, or depriving the Chief Executive or Legislature

Seizing or diminishing state power.

See enumeration in article.

Nature of Crime

Overt acts

Purpose

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ART. 135. PENALTY FOR REBELL ION, INSURRECTION INSURRECTION OR COUP D’ ETAT

NOTES: NOTES: Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the government. The The mere fact of giving and rendering speeches speeches favoring Communism would not make the accused guilty of conspiracy if there is no evidence that the hearers then and there agreed to rise up in arms against the government. The The advocacy of Communism or Communistic theory is not a criminal act of conspiracy conspiracy unless converted into advocacy of action. action . Only when the Communist Communist advocates action action and actual uprising, war or otherwise, does he become guilty of conspiracy to commit •

WHO ARE LIABL E AND PENALTIES: PENALTIES: REBELLION: 1. Leaders – Leaders – reclusion perpetua 2. Participants – Participants – reclusion temporal 3. Deemed leader – – reclusion perpetua COUP D’ETAT: 1. Leaders – Leaders – reclusion perpetua 2. Participants ( Participants (gov’t) gov’t) – – reclusion temporal 3. Participants ( Participants (no no t gov’t) – gov’t) – prision mayor 4. Deemed leader – – reclusion perpetua

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ART. 136. CONSPIRACY CONSPIRACY AND PROPOSAL TO


ART. 135. PENALTY FOR REBELL ION, INSURRECTION INSURRECTION OR COUP D’ ETAT

NOTES: NOTES: Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the government. The The mere fact of giving and rendering speeches speeches favoring Communism would not make the accused guilty of conspiracy if there is no evidence that the hearers then and there agreed to rise up in arms against the government. The The advocacy of Communism or Communistic theory is not a criminal act of conspiracy conspiracy unless converted into advocacy of action. action . Only when the Communist Communist advocates action action and actual uprising, war or otherwise, does he become guilty of conspiracy to commit rebellion. (People vs. Hernandez •

WHO ARE LIABL E AND PENALTIES: PENALTIES: REBELLION: 1. Leaders – Leaders – reclusion perpetua 2. Participants – Participants – reclusion temporal 3. Deemed leader – – reclusion perpetua COUP D’ETAT: 1. Leaders – Leaders – reclusion perpetua 2. Participants ( Participants (gov’t) gov’t) – – reclusion temporal 3. Participants ( Participants (no no t gov’t) – gov’t) – prision mayor 4. Deemed leader – – reclusion perpetua

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ART. 136. CONSPIRACY CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT, REBELLION OR INSURRECTION ELEMENTS OF CONSPIRACY: 1. Two or more persons come to an agreement to rise publicly and take arms against the government; 2. For any of the purpos es of rebellion rebellion;; and 3. They decide to commit it. commit it. ELEMENTS OF PROPOSAL: 1. A person who has decided to rise publicly and take arms against the government; 2. For any of the purpos es of rebellion rebellion;; and 3. Proposes its execution execution to some other person/s.

ART. 137. DISLOYALTY DISLOYAL TY OF PUBL PUBL IC OFFICERS OR EMPLOYEES

ACTS PUNISHABL E: 1. Failing to resist rebellion by all the means in their power; or 2. Continuing to discharge the duties duties of their offices under the control of rebels; rebels ; or 3. Ac cep ti ng app oi nt men t to office under rebels. NOTES: NOTES: There must be actual rebellion for rebellion for this crime to be committed. It must not be committed in conspiracy with rebels or rebels or coup plotters for this crime to be committed. If position is accepted in order to protect the people, people, not cov ered ered by this article. •

PROPOSAL TO INCITING TO COMMIT REBELLION REBELLION In both, the offender induces another to commit rebellion In both, the crime of rebellion should not be committed by the persons to whom it is proposed or who are incited. If they commit rebellion because of the QuickTime™ and a TIFF (Uncompressed) decompressor proposal or inciting,arethe proponent or the one needed to see this picture. inciting may become a principal by inducement in the crime of rebellion. The person who It is not required that proposes has decided the offender has to commit rebellion. decided to commit rebellion. The person who The act of inciting is proposes the done publicly. execution of the crime uses secret means.

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ART. 138. INCITING TO REBELL ION OR INSURRECTION ELEMENTS: 1. That the offender does not take arms or is not in open hostility against the government; 2. That he incites incites others others to the execution execution of any of the acts of rebellion; and 3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. Page Pa ge 76 of 174


NOTES: NOTES: Inciting must have been intentionally calculated to seduce others to rebellion. In both proposal proposal to commit rebellion and in inciting inciting to rebellion, rebellion should not actually be committed committed by the persons to whom it was proposed, or who were incited. If they commit rebellion because of the proposal or incitement, the proponent, or the one inciting may become a principal by inducement in the crime of rebellion. PROPOSAL TO PROPOSAL TO COMMIT REBELLION (136) The person who proposes has decided to commit rebellion. The person who proposes the execution of the crime uses secret means.

INCITING TO INCITING TO REBELLION (138) Not required that the offender has decided to commit rebellion. rebellion . The inciting is done publicly. publicly.

ART. 139. SEDITION ELEMENTS: 1. That the offenders rise – a. Publicly; Publicly; and b. Tumultuously; Tumultuously; 2. That they employ force, intimidation, or other means outside of legal methods; methods; and 3. That the offenders employ any of those those means to attain any of the following objects: a. to prevent the promulgation or execution of any law or law or the holding of any popular election; b. to prevent the national government, or any provincial or municipal government, or any public officer thereof from freely exercising its or his functions, QuickTime™ or prevent and a the execution of TIFF (Uncompressed) decompressor any administrative order; are needed to see this picture. c. to inflict inflict any act of hate or revenge upon the person or property of any public officer or employee; d. to commit for any political or social end, end, any act of hate or revenge against private persons or any social class; or e. to despoil, for any political or social end, end, any person, municipality or

province, or the national government of all its property or property or any part thereof. NOTES: NOTES: Sedition is the raising of commotions or disturbances in the State. Its ultimate object is a violation of the public peace or at least such a course of measures as evidently engenders it. (People (People vs. Perez) Perez) Tumultuous uprising means that it is caused by more than 3 persons persons who are armed or provided w/ means of violence. In sedition, offender may be a private or public person. Common crimes are are not absorbed in sedition. (People (People v. Umali) Preventing election through legal means is NOT sedition. If the purpose of the offenders is to attain the objects of rebellion or sedition by force or violence, violence, but there is no public uprising, uprising , the crime committed is direct assault. There is conspiracy to conspiracy to commit sedition ( Art. 141) but 141) but no proposal to proposal to commit sedition. ART. 140. PENALTY FOR SEDITION SEDITION

PERSONS PERSONS LIABL E: 1. leader of of the sedition, and 2. other persons participating in participating in the sedition. ART. 141. CONSPIRACY CONSPIRACY TO COMMIT SEDITION NOTE: NOTE: There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition in order to constitute crime of conspiracy to commit sedition.

ART. 142. INCITING INCITING TO SEDITION SEDITION ACTS PUNISHABL E: 1. Inciting others Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings , emblems emblems etc. etc . 2. Uttering seditious Uttering seditious words or speeches which tend to disturb the public peace;



3.

Writing, Writing , publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government government or any of the duly constituted authorities thereof, which tend to disturb the public p eace eace;; or 4. Knowingly concealing such concealing such evil practices.

ELEMENTS ELEMENTS of ACT 1: 1. That the offender does not take a direct part in the crime of sedition; 2. That he incites incites others others to to the accomplishment of any of the acts which constitute sedition; and 3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end. UTTERING UTTERING AND WRITING PUNISHABLE: PUNISHABL E: 1. when they tend to disturb or obstruct any public officer in executing the functions of his office; or 2. when they tend to instigate others to cabal and meet together for unlawful purposes; or 3. when they suggest or incite rebellious conspiracies or riots; or 4. when 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.

3 RULES REL ATIVE TO SEDITOUS WORDS: 1. Dangerous Tendency rule 2. Clear and Present Danger rule 3. Balance of Interests rule

Chapt er Two - CRIMES CRIMES AGAINST POPULAR REPRESE REPRESENTATION NTATION

ART. 143. ACTS TENDING TO PREVENT PREVENT THE QuickTime™ and a TIFF (Uncompressed) decompressor MEETING OF THE ASSEMBLY AND SIMILAR are needed to see this picture. BODIES ELEMENTS: 1. A projected or actual meeting actual meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board; and

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That the offender offender who may be any person prevents such prevents such meeting by force or fraud. fraud .

NOTE: Chief NOTE: Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art. 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined.

ART. 144. DISTURBANCE OF PROCEEDINGS ELEMENTS: 1. An actual meeting actual meeting of Congress or Congress or any of its committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board; board ; and 2. That the the offender offender does any of the following following acts a. he disturbs any disturbs any of such meetings b. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due respect due it. NOTE: NOTE: Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt by contempt by the legislative body. ARTICLE 145. VIOLA TION OF PARLIAMENTARY IMMUNITY. ACTS PUNISHABL E: 1. By using force, intimidation, threats, or fraud to prevent any member of Congress from attending the the meeting of meeting of the assembly or any of its committees, constitutional commissions or committees or divisions thereof, or from expressing his opinions or casting his vote. vote. ELEMENTS: 1. Offender uses force, intimidation, threat or fraud 2. Purpose is is to prevent any member of Congress from: a. Attending the said meetings; b. Expressing his opinions; or c. Casting his vote. 2. By arresting or searching any member thereof while Congress is in a a regular or special session, session , except except in case such member has committed a crime punishable Page Pa ge 78 of 174


under the code by a penalty higher than prision mayor . ELEMENTS: 1. Offender is a public officer or employee; 2. He arrests or searches any member member of Congress 3. Congress, at the time of arrest or search is in regular or special session 4. member arrested o searched hasn’t committed a crime by a penalty prision mayor or higher. NOTES: NOTES: Parliamentary immunity does not mean exemption from criminal liability, liability, except from a crime that may arise from any speech that the member of Congress may deliver on the floor during regular or special session. To be consistent with the 1987 Constitution, Constitution , the phrase “by a penalty higher than prision mayor ” in Art. 145 should be amended to read “by the penalty of prision mayor or higher.”

REQUISITES: 1. There’s a meeting – meeting – gather or group of persons whether fixed or moving; 2. Audience whether armed or not is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. assault. WHEN A PERSON CARRIES UNLICENSED st FIREARM IN THE 1 ASSEMBLY: 1. Presumed that the purpose of meeting is to commit any crime under RPC 2. Presumed that the one in possession of unlicensed firearm is the leader or organizer of the meeting

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Chapt er T Thr hr ee - ILLEGAL ASSEMBLIES AND ASSOCIATIONS

ART. 146. ILL EGAL A SSEMBLIES 2 TYPES OF ILLEGAL ASSEMBLIES: 1. Meeting attended attended by armed persons for the purpose of committing any of the crimes punishable under the Revised Penal Code; REQUISITES: 1. There’s a meeting – meeting – gather or group of persons whether fixed or moving; 2. Meeting is attended by armed and a persons; persons ;QuickTime™ and decompressor TIFF (Uncompressed) are needed to see this picture. 3. The purpose of purpose of meeting is to commit any of the crimes punishable under RPC 2.

A meeting in w/c the audience is incited to the commission of the crimes of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agent.

NOTES: NOTES: Not all the persons present at the meeting of the first form of illegal assembly need to be armed. Persons Persons liable for liable for illegal assembly: the organizers or leaders leaders of of the meeting persons merely present present at the meeting (except when presence is out of curiosity – not liable) Presumptions if Presumptions if person present at the meeting carries an unlicensed fir earm earm:: purpose purpose of the meeting is to commit acts punishable under the RPC considered as leader or organizer of the meeting

ARTICLE 147. ILL EGAL A SSOCIATIONS 2 KINDS OF ILLEGAL ASSOCIATIONS: 1. Organizations totally or partially organized for the purpose of committing any of the crimes in RPC RPC; or 2. For some purpose contrary to public morals. morals . PERSONS PERSONS LIABL E: 1. founders, directors and president of president of the association; and 2. mere members of members of the association ILLEGAL ASSEMBLY (146)

ILLEGAL ASSOCIATION (147)

Must be an actual meeting No need for such of armed persons to commit any of the crimes punishable



2.

Person assaulted assaulted is a person in authority or his agent; agent; 3. At th e ti me of th e ass aul t the person in authority or his agent a. is engaged in the actual performance of official duties (motive is not essential); or b. is assaulted by by reason of the past performance performance of official duties (motive (motive is essential); essential); 4. That the offender knows knows that the one he is assaulting is a person in authority or his agent (with intention to offend, injure or assault); and 5. No public uprising. uprising .

under the RPC, or of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition or assault upon a person in authority of his agent. It is the meeting and the Act of forming or attendance at attendance at such that are organizing and punished membership membership in the association is punished Persons liable: leaders and those present

Founders, directors, president and members

Chapt er Fou r - A SSAULT, RESIST RESISTANCE ANCE AND DISOBEDIENCE

ART. 148. DIRECT ASSAUL T 2 WAYS TO COMMIT DIRECT ASSAULT: 1. Without public uprising, by uprising, by employing force or intimidation intimidation for attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition (first form)

FORCE EMPLOYED

INTIMIDATION/ RESISTANCE

Person in Au th or it y

Need not be serious

Serious

Ag ent

Must be of serious character

Serious

NOTES: NOTES: General Rule: Rule: Direct assault is always complexed with th e material material consequence of consequence of the act (Ex ( Ex.. direct assault with murder). Exception: Exception: If resulting in a light felony, felony , the consequent crime is absorbed. absorbed.

The force force employed need not be serious when the offended party is a person in authority (Ex. Laying of hands). The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (Ex. Pointing a gun). A per so n in aut ho ri ty ty is any person directly vested with jurisdiction (power jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member member of some court or governmental corporation, board, or commission. Examples: A Examples: A barangay captain, a Division Superintendent of Schools, President of Sanitary Division and a teacher. An agen t is one 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. property . Examples: Examples: Barrio councilman and any person who comes to the aid of the person in authority, policeman, municipal

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ELEMENTS: 1. Offender employs force or intimidation ; 2. Ai m of offender is to attain any of the purposes of the crime of rebellion and sedition; sedition ; and 3. That there is no public uprising. uprising . 2. Without public uprising, uprising, by attacking, by employing force or by seriously intimidating or by seriously resisting any QuickTime™ and a person in authority o any of his agents, while TIFF (Uncompressed) decompressor are needed to see this picture. engaged in the performance of official duties, or on the occasion of such performance. (second form). form ). ELEMENTS: 1. Offender (a) makes an attack, attack , (b) employs force, force, (c) makes a serious intimidation , or (d) makes a serious resistance; resistance;

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treasurer, postmaster, sheriff, agents of the BIR, Malacañang confidential agent. Even when the person in authority or the agent agrees to fight, fight , direct assault is still committed. When the person in in authority authority or or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate self-defense. There can be no assault upon or disobedience disobedience to one’s authority by another when they both contend contend that they were in the exercise of their respective duties. When assault is made by reason reason of the performance of his duty there is no need for actual performance of performance of his official duty when attacked. Direct assault cannot be committed during rebellion. Direct assault may be committed upon a private person who comes to the aid of a person in authority since he is then considered an agent of a person in authority.

QUALIFYING QUAL IFYING CIRCUMSTANCES: CIRCUMSTANCES: 1. when the assault is committed with a weapon; weapon ; 2. when the offender is a public officer or employee; employee; or 3. when the offender lays hand upon a person in authority

ARTICLE 149. INDIRECT ASSAULT ELEMENTS: 1. The direct assault is assault is committed against an agent of a person in authority; authority ; 2. That the offended party comes party comes to the aid of such agent of a person in authority; and 3. That the offender makes makes use of force or intimidation upon the said offended party. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

NOTES: NOTES: Indirect assault can be committed only when a direct assault is also being committed. To be indirect assault, the person who should be aided is the agent agen t and not the person in authority. authority . In the latter case, case, it is already direct assault. assault . Ac co rd in g to Ar t 152: The person coming to the aid of the person in

authority is considered an agent and an attack on the latter is already direct assault. ARTICLE 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMITTEES COMMITTEES OR SUB COMMITTEES, COMMITTEES, BY B Y THE CONSTITUTIONAL CONSTITUTIONAL COMMISSIONS, COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS

ACTS PUNISHABL E: 1. Disobedience Disobedience w/o legal excuse to summons issued summons issued by the Congress or any of its committees or s ubcommittees; 2. Refusal Refusal of any person present before a legislative or constitutional body or official to: (a) to be sworn or sworn or placed under affirmation; (b) to answer any legal inquiry; or (3) to produce produce books, documents, records etc. when required to do so by the said bodies in the exercise of their functions; 3. Restraining Restraining another from attending as witness in witness in such body; or 4. Inducing disobedience disobedience to a summons or refusal to be sworn. ARTICLE 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN A UTHORITY OR THE AGENTS OF SUCH PERSON ELEMENTS – RESISTANCE & SERIOUS DISOBEDIENCE (par. 1): 1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender; 2. That the offender resists or seriously disobeys such person in authority or his agent; and 3. That the act of the offender is not included in the provisions of arts. 148, 149 and 150. ELEMENTS – SIMPLE DISOBEDIENCE (par. 2) 1. That an agent of a person in in authority is engaged in the performance of official duty gives a lawful order to the offender; 2. That the the offender disobeys such such agent of a person in authority; and 3. That such disobedience is is not of a serious nature.



NOTES: NOTES: While being arrested arrested and there’s serious resistance, person resisting must know that the one arresting him is an officer Picketing (economic Picketing (economic coercion) must be lawful otherwise police can disperse them nd Disobedience in 2 par. must not be serious. st Otherwise it will fall under the 1 par. Resistance mustn’t be serious otherwise it’s direct assault.

DIRECT ASSAULT (148)

PIA or his agent must be engaged in the performance of official duties or that he is assaulted by reason thereof Direct assault is committed in 4 ways – ways – by attacking, employing force, seriously intimidating, and seriously resisting a PIA or his agent. Use of force against an agent of PIA must be serious and serious and deliberate.

RESISTANCE & DISOBEDIENCE TO A PERSON IN A UTHORIT UTHORITY Y (PIA) OR AGENTS A GENTS OF SUCH PERSON (151) PIA or his agent must be in the actual performance of his duties.

d. Lawyers in the actual performance of their professional duties or on the occasion of such performance AGENT OF PERSON IN AUTHORITY –any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. They include: a. Barrio councilman b. Barrio policeman c. Barangay leader d. Any person who comes to the aid of persons in authority Notes: Section 388 of the Local Gov’t. Code provides that for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions . Other barangay barangay officials officials and members who who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority. authority . It seems that teachers, professors, lawyers lawyers etc could be considered as persons in authority not only for Arts. 148 and 151 but also for Art 149 (L.B. Reyes) •

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Committed by resisting by resisting or seriously disobeying a PIA or his agent.

Simple disobedience – disobedience – force against an agent of agent of a PIA is not so serious; serious ; No manifest intention to defy the law & officers enforcing it.

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Chapter Five - PUBL IC DISORDE DISORDERS RS ARTICLE 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS PERSONS IN AUTHORITY AUTHORITY – WHO SHALL BE DEEMED AS SUCH PERSON IN AUTHORITY –any person directly vested with jurisdiction, jurisdiction, whether as an individual or QuickTime™ and a (Uncompressed) decompressor as a member ofTIFFaresome court or governmental needed to see this picture. corporation, board or commission. They include: a. Barangay captain b. Barangay chairman For the purposes of Ar of Ar t. 148 and an d 151: 151 : a. Teachers b. Professors c. Persons charged with the supervision supervision of public or duly recognized private schools, colleges and universities

ARTICLE 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC PUBL IC ORDER – TUMULTUOUS DISTURBA DISTURBA NCE OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE

TUMULTS AND OTHER DISTURBANCES: 1. Causing any serious disturbance disturbance in a public place, place, office or establishment; 2. Interrupting or disturbing public performances, performances, functions, gatherings or peaceful meetings, if the act is not included Page Pa ge 82 of 174


in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship); 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public or public place; place; 4. Displaying placards or emblems 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. executed . TUMULTUOUS TUMULTUOUS - caused by more than 3 persons who are armed or provided with means of violence. NOTES: NOTES: If the act of disturbing or interrupting interrupting a meeting or religious ceremony is not committed by public officers, officers , or if committed by public officers who are participants participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are not participants in the meeting. The outcry is merely a public disorder if it is an unconscious outburst outburst which, although rebellious or seditious in nature, is not intentionally calculated calculated to induce others to commit rebellion or sedition, otherwise, it is inciting to rebellion or sedition. Qualifying circumstance circumstance – if it is TUMULTUOUS •

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before they have been published officially . 3. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printer’s name, or which are classified as anonymou anonymou s.

ARTICLE 155. AL ARMS AND SCANDAL S

ACTS PUNISHABL E: 1. Discharging any Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, place, calculated to cause cause alarm or danger. 2. Instigating or taking active part part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. 3. Disturbing the public peace while peace wandering about at night night or while engaged in any other nocturn al amusement amusement.. 4. Causing any disturbance or scandal in public places while places while intoxicated or otherwise, provided th e act is not cov ered by Art 153 (tumult). NOTES: NOTES: Charivari Charivari is a mock serenade or discordant noises made with kettles, tin horns etc., designed to deride, insult or annoy. Firearm must not be pointed at a person, person , otherwise, it is illegal discharge of firearm (Art. 254). What governs is the result, result , not the intent of intent of the offender. •

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ARTICLE 154. UNLAWFUL UNLA WFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES

ACTS PUNISHABL E:  Publishing or causing to be published, by means of printing, lithography or any other means of publication as news any false QuickTime™ and a (Uncompressed) decompressor news that news that TIFF may endanger the public order, are needed to see this picture. or cause damage to the interest or credit of the State. State. 1. Encouraging diso bedience to the law or law or to the constituted authorities or by praising, ju st if ying yi ng or ext ol li ng any act pu ni sh ed b y law , by the same means or by words, utterances or speeches. 2. Maliciously publishing publishing or causing to be published any official resolution or document without proper authority, or

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ARTICLE 156. DELIVERING PRISONERS PRISONERS ELEMENTS: 1. That there is a person confined in a jail or penal establishment; 2. That the offender removes therefrom such person, person, or helps the escape of escape of such person. NOTES: NOTES: Prisoner may be detention prisoner or one sentenced by virtue of a final judgment. Escapee, Escapee, if already serving final judgment, will in turn be held liable for evasion of sentence (Art. sentence (Art. 157). •

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If merely detention prisoner he is not criminally liable. The offender is an outsider to to the jail. If the offender is a public officer or a private person who has custody of the prisoner and who helps a prisoner under his custody, Ar ts . 223 223 (infidelity in the custody of a prisoner) and 225 (escape 225 (escape of prisoner under custody of private person) will apply, respectively. This felony may also be committed through imprudence or negligence. Circumstance qualifying: qualifying: use of violence, intimidation or bribery. bribery . Mitigating circumstance: circumstance: if it takes place outside outside the penal establishment by taking the guards by surprise. surprise.

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Chapter Six – EVASION OF SENTENCE OR SERVICE

ART 157. EVASION OF SERVICE SERVICE OF OF SENTENCE SENTENCE ELEMENTS: 1. That the offender is a convict by by final ju dg men t; 2. That he is serving his sentence which consists in deprivation of liberty (destierro (destierro included); included ); and 3. That he evades the service of his sentence sentence by escaping during the term of his sentence. NOTES: NOTES: This is a continuing o ffense ffense.. This article does not apply to minor delinquents, detention prisoners, or deportees. deportees. If the offender escaped within the 15-day appeal period, period, crime is not evasion because judgment is not yet final. Circumstances qualifying the offense: offense: QuickTime™ and a Evasion ofTIFF sentence was done through: (Uncompressed) decompressor are needed to see this picture. unlawful entry (by “scaling”); breaking doors, windows, gates, walls, roofs or floors; using picklocks, false keys, disguise, deceit, violence or intimidation; or connivance with other convicts or employees of the penal institution. • •

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ARTICLE 158. EVASION OF SERVICE SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, DISORDERS, CONFLA GRATIONS, EARTHQUAKES, OR OTHER CALAMITIES ELEMENTS: 1. That the offender is a convict convict by by final ju dg men t who is confined confined in a penal institution. 2. That there is disorder , resulting from: a. conflagration, b. earthquake, c. explosion, d. similar catastrophe, or e. mutiny mutiny in which he has not participated; participated; 3. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny; mutiny ; and 4. That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation proclamation by the Chief Executive announcing the passing away of such calamity. NOTES: NOTES: Penalty of commission commission of this felony is an increase by 1/5 of the time remaining t remaining t o be served served under the original sentence, in no case to exceed 6 months. months . The special allowance for loyalty (i.e. deduction of sentence) authorized by nd Articles 98 and 158(2 paragraph) refers to those convicts, who having evaded the service of their sentences by leaving the penal institution, give themselves up within 48 hours. hours . A mutiny is an organized unlawful unlawful resistance resistance to a superior officer, a sedition, or a revolt. Disarming the guards is not mutiny. •

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ARTICLE 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE ELEMENTS: 1. That the offender was a convict; convict ; 2. That he was granted a conditional pardon by the chief executive; and 3. That he violated any of the conditions of such pardon.

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TWO PENALTIES: 1. prision correccional in correccional in its minimum period – if the penalty remitted does not exceed 6 years. Page Pa ge 84 of 174


2. the unexpired portion portion of his original sentence – if the penalty remitted is higher than 6 years. years .

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NOTES: NOTES: Offender must have been found guilty of the subsequent offense offense (through w/c he violated his conditional pardon) before he can be prosecuted under this Article. But under the Revised Admin. Code, Code, no conviction is necessary. necessary . President has the power to arrest, and reincarcerate offender without tri al. When the the penalty penalty remitted is destierro, destierro, under no circumstance may the penalty for the violation of conditional pardon be destierro. destierro. •

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General Rule: Rule: A quasi-recidivist may be pardoned at age 70… 70… Exception: Exception: Unworthy, or habitual delinquent If new felony is evasion of sentence, sentence, offender is not a quasi-recidivist. The penalty: penalty: maximum period of the penalty for the new felony felony should be imposed. Mitigating circumstance can only be appreciated if the maximum penalty is divisible. Quasi-Recidivism Quasi-Recidivism may be offset by a special privileged mitigating circumstance. mitigating circumstance. (Ex. Ex. Minority)

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TITLE FOUR CRIMES AGAINST PUBLIC PUBL IC INTEREST

Chapt er Seven – COMMISSIO COMMISSION N OF ANOTHER CRIME Chapter One – Forg Forg eries

ART. 160. COMMISSION COMMISSION OF ANOTHER ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANTOHER PREVIOUS PREVIOUS OFFENSE OFFENSE - PENAL PENAL TY

ARTICLE 161. COUNTERFEITING COUNTERFEITING THE THE GREAT SEAL OF THE GOVERNMENT GOVERNMENT OF THE PHILIPPINE ISLA NDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE

NOTE: this article provides for quasi-recidivism ELEMENTS: 1. That the the offender was already already convicted convicted by final judgment of one offense; and 2. That he committed a new felony before beginning to serve such sentence or while serving while serving the the same. NOTES: NOTES: Quasi-recidivism is a special aggravating circumstance circumstance where a person, after having been convicted by final judgment, shall QuickTime™before and a commit a TIFF new felony beginning to (Uncompressed) decompressor are needed to see this picture. serve such sentence, or while serving the same. Second crime must crime must belong to the RPC, not special laws. First crime crime may be either from the RPC or special laws. The aggravating circumstance of reiteracion, reiteracion, on the other hand, requires that the offender shall have served out out his sentence for sentence for the prior offense.

ACTS PUNISHABL E: 1. Forging the great seal of the Government; Government ; 2. Forging the signature of the President President;; or 3. Forging the stamp of the President. President. NOTE: When the signature of the President is forged, it is not falsification but forging of signature under this article.

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ARTICLE 162. USING FORGED FORGED SIGNATURE OR COUNTERFEIT COUNTERFEIT SEAL OR STAMP ELEMENTS: 1. That the great seal of the Republic Republic was counterfeited or the signature or stamp of the chief executive was forged by another person; person ; 2. That the offender knew knew of the counterfeiting or forgery; forgery ; and 3. That he used used the counterfeit seal or forged signature or stamp. Page Pa ge 85 of 174


NOTE: Offender is NOT the forger or or the cause of the counterfeiting •

Foreign notes and coins not included under this article. article. Mutilation must be of Philippine legal tender. There must be intention to intention to mutilate

ARTICLE 163. MAK ING AND IMPORTING IMPORTING AND UTTERING UTTERING FAL SE COINS ARTICLE 165. SELL ING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE CONNIVANCE ELEMENTS: 1. That there be false or counterfeited coins (need not be legal tender); 2. That the offender either made, imported or uttered such uttered such coins; and 3. That, in case of uttering such false or counterfeited coins, he connives with counterfeiters or importers. importers . NOTES: NOTES: A coin coin is counterfeit, if itit is forged, or if itit is not authorized by the government as legal tender, regardless if it is of intrinsic value. Counterfeiting is the imitation of legal or genuine coin such as to deceive an ordinary person in believing it to be genuine. To utter is to pass counterfeited coins, deliver or give away. To import is to bring them them into port. Importation is complete even before entry at the Customs House. This article also applies to Philippine coins, foreign state coins, and coins withdrawn from circulation circulation.. This does not require that the coins counterfeited be legal tender.

ACTS PUNISHABL E: 1. Possession of Possession of a coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated. ELEMENTS: 1. possession 2. with intent to utter, and 3. knowledge

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Ac tu all y ut ter in g such false or mutilated coin, knowing the same to be false or mutilated.

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ELEMENTS: 1. actually uttering, and 2. knowledge

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ARTICLE 164. MUTILATION MUTILA TION OF COINS – IMPORTATION AND UTTERANCE OF MUTILATED COINS

NOTES: NOTES: Possession or uttering does not require that coins be legal tender. Crime under this article includes constructive possession or possession or the subjection of the thing to ones’ control. R.A. 427 punishes possession of silver or nickel coins in excess of P50.00. It is a measure of national policy to protect the people from the conspiracy of those hoarding silver or nickel coins and to preserve and maintain the economy. •

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This has been repealed by PD 247 247. ACTS PUNISHABL E (PD 247): 1. willful defacement 2. mutilation QuickTime™ and a 3. tearing TIFF (Uncompressed) decompressor are needed to see this picture. 4. burning 5. destruction of Central Bank notes and coins NOTES: NOTES: Mutilation is to take off part of the metal either by filing it or substituting it for another metal of inferior quality, to diminish by ingenious means the metal in metal in the coin. •

ARTICLE 166. FORGING TREASURY TREASURY OR BANK NOTES, OBLIGATIONS AND A ND SECURITIES; SECURITIES; IMPORTING AND UTTERING FALSE OR FORGED NOTES, NOTES, OBLIGATIONS OBL IGATIONS AND SECURITIES ACTS PUNISHABL E: 1. Forging or falsification of treasury or bank notes or documents payable to bearer ; 2. Importing of such notes; or 3. Uttering of such false or forged obligations obligations and notes in connivance with forgers and importers.



NOTES: NOTES: Forging is is committed committed by giving a treasury or bank note or document payable to bearer or order an appearance of a true and genuine document. Falsification is committed by erasing, substituting, counterfeiting or altering by any means the figures and letters, words, signs contained therein. Example: falsifying lotto or sweepstakes ticket constitutes the complex crime of attempted estafa through falsification of a government security. Forging PNB checks checks is not included under this article. article. That is falsification of commercial document under Article 172. Obligation or security includes bonds, certificate of indebtedness, bills, national bank notes, coupons, treasury notes, certificates of deposit, checks, drafts for money, and sweepstakes money.

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ARTICLE 167. COUNTERFEITING, COUNTERFEITING, IMPORTING, IMPORTING, AND UTTERING INSTRUMENTS INSTRUMENTS NOT PAYABL E TO BEARER

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ARTICLE 168. ILL EGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS INSTRUMENTS OF CREDIT

Elements: QuickTime™ and a TIFF (Uncompressed) decompressor 1. That any treasury or bank note or certificate are needed to see this picture. or other obligation and security payable to bearer , or or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person; person ; 2. That the offender knows that any of those instruments is forged or falsified; and 3. That he performs performs any of these acts: a. using any of such forged or falsified instruments, or

The act sought to be punished is knowingly possessing with intent to use any of such forged treasury or bank notes. The accused has the burden to give a satisfactory explanation of his possession of forged bills. Mere possession of false false money bill, without intent to use it to the damage of another, is not a crime.

ARTICLE 169. HOW FORGERY IS COMMITTED COMMITTED HOW FORGERY IS COMMITTED: a. by giving to a treasury treasury or bank note or or any instrument payable to bearer or to order, the appearance of a true and genuine document; document ; b. by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs contained signs contained therein. •

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ELEMENTS: 1. That there be an instrument payable to order or other document of credit not payable to bearer; 2. That the offender either forged, imported or uttered such uttered such instruments; and 3. That in case of uttering , he connived connived with the forger or importer .

possessing with intent to use use any of such forged or falsified instruments.

If all acts are done but genuine appearance is not given, given , the crime is frustrated. frustrated . P.D. No. 247 punishes the willful defacement, mutilation, tearing, burning, or destruction in any manner of currency notes or coins issued by the Central Bank of the Philippines.

ARTICLE 170. FAL SIFICATION OF LEGISLATIVE LEGISL ATIVE DOCUMENTS DOCUMENTS ELEMENTS: ELEMENTS: 1. That there be a bill, resolution, or ordinance ordinance enacted or approved or pending approval by Congress or any provincial board or municipal council; 2. That the the offender (any person) alters alters the same; 3. That he has no proper authority authority therefor; and 4. That the alteration has has changed the meaning of the document.

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Accused must not be a public official entrusted with the custody custody or possession of such document, otherwise Art. 171 applies. There can be no falsification through reckless imprudence as that will be inconsistent with the element of intent to cause damage in said crime.



ARTICLE 171. FAL SIFICATION BY PUBLIC OFFICER, OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER ELEMENTS: 1. That the offender is a public officer, employee, or notary public. public . 2. That he takes advantage of his official position. position. a. He has the duty to make make or to prepare or otherwise to intervene in the preparation of the document; or b. He has the official official custody custody of the document which he falsifies 3. That he falsifies a document by document by committing any of the following acts: a. Counterfeiting or imitating imitating any handwriting, handwriting, signature or rubric. b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate c. Attributing to persons who have participated participated in an act or proceeding statements other than those in fact made by them. d. Making untruthful statements in a narration narration of facts. e. Altering true dates. f. Making any alteration alteration or intercalation intercalation in a genuine document which changes its meaning. g. Issuing in 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. h. Intercalating any instrument instrument or note relative relative to the issuance thereof in a protocol, registry or official book. 4. In case the offender is an ecclesiastical minister , the act of falsification is committed with respect to any record or document of such character that its falsification may affect the QuickTime™ and a (Uncompressed) decompressor civil status of TIFF persons. are needed to see this picture.

PERSONS PERSONS WHO WHO MAY BE HELD L IABLE 1. Public officer, employee, or notary public who takes advantage of his official position 2. Ecclesiastical minister if the act of falsification may affect the civil status of persons 3. Private individual, individual , if in conspiracy with public officer

ACTS OF FALSIFICATION a. Counterfeiting or imitating handwriting, signature or rubric .

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COUNTERFEITING ELEMENTS: 1) That there there be an intent to imitate, imitate, or an attempt to imitate; and 2) That the two signatures or handwritings, the genuine and the forged, bear some resemblance, resemblance, to each other. •

Lack of similitude/imitation similitude/imitation of a genuine signature will not be a ground for conviction under par. 1 but such is not an impediment to conviction under par. 2. 2.

b. Causing it to appear that persons have participated in an act or a pro ceeding ceeding 1. That the offender caused it to appear in a document that a person or persons participated in an act or a proceeding 2. That such person did not in in fact participate in the act or proceeding c. At tr ib ut in g to per so ns wh o hav e participated in any act or proceeding statements other than those in fact made by th em. 1. That a person or persons participated in an act or a proceeding 2. That such person or persons persons made made statements in that act or proceeding; and 3. That the offender, in making a document, attributed to such person or persons statements other than those in fact made by such person or persons d. Making untruthful narration of facts.

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ELEMENTS: 1. That the offender makes in a document statements in a narration of facts 2. That he has a legal obligation to disclose the truth of the facts narrated by him 3. That the facts narrated by the offender are absolutely false;



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That the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person

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There must be a narration of facts, not a conclusion of law. law . Narration must be on a material matter . The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind of falsification may be committed by omission. Legal obligation means that there is a law requiring the disclosure of the truth of truth of the facts narrated. Ex. Ex . Residence certificates

Enemecio v. Office of the Ombudsman, GR 146731, 1/13/04 As the Ombudsman correctly pointed out, Enemecio failed to point to any law imposing upon Bernante the legal obligation to disclose where he was going to spend his leave of absence. “Legal obligation” means that there is a law requiring the disclosure of the truth of the facts narrated. Bernante may not be convicted of the crime of falsification of public document by making false statements in a narration of facts absent any legal obligation to disclose where he would spend his vacation leave and forced leave. e. Alter Al ter in g t ru e dat es. Date must be essential Alteration mujst affect veracity of document or effects

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DOCUMENT DOCUMENT - any written statement by which a right is established or an obligation is extinguished COUNTERFEITING – COUNTERFEITING – intent or attempt attempt to imitate FEIGNING FEIGNING - to represent by false appearance when no original exists

ARTICLE 172. FAL SIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED INSTRUMENTS

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Making any alteration or intercalation intercalation in a genuine document document which changes its meaning. ELEMENTS: 1. That there there be an alteration alteration (change) or intercalation (insertion) on a document 2. That it was was made made on a genuine document 3. That the alteration or intercalation has QuickTime™ andof a a document changed the meaning TIFF (Uncompressed) decompressor to see this picture. 4. That theare needed change made the document speak something false

ELEMENTS OF FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1): 1. That the the offender is a private individual or a public officer or employee who did not take advantage of advantage of his official position; 2. That he committed any of the acts of falsification enumerated in ART. 171; 3. That the falsification was committed committed in any public or official or commercial document. •

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Issuing in an authenticated form form a document purporting to be a copy of copy of an original document when no such original exists, exists , or including in such copy a statement statement con trary to, or dif ferent from, that of the genuine original.

Under this paragraph, damage is not essential, essential , it is presumed. presumed. Lack of malice or criminal intent may be put up as a defense under defense under this article. The following writings are public: public : a. written official acts or records of acts of the sovereign authority, official bodies and tribunals, and of the public officers, legislative, judicial and executive, whether of the Philippines or of a foreign country; b. Documents acknowledged before notary public except last wills and testaments;



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Public records, kept kept in the Philippines, Philippines, of private documents required by law to be entered therein. Commercial documents: warehouse receipts, airway bills, bank checks, cash files, deposit slips and bank statements, journals, books, ledgers, drafts, letters of credit and other negotiable instruments. Cash disbursement vouchers or receipts evidencing payments payments are not commercial documents. A mere blank form of form of an official document is not in itself a document. The possessor of falsified document is presumed to be the author of of the falsification. Issuing in authenticated form a document(art. document (art. 171(7)) 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 - can be committed only by a public officer or notary public who takes advantage of his official position since the authentication can be made only by the custodian or the one who prepared and retained a copy of the original document

ELEMENTS OF FALSIFICATION OF PRIVATE DOCUMENT: DOCUMENT : 1. That the the offender committed any of the acts of falsification, falsification , except those in paragraph 7 and 8, 8, enumerated in art. 171; 2. That the falsification was committed committed in any private document; document; and 3. That the falsification caused damage to a third party party or at least the falsification was committed with intent to cause such damage . •

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It is not necessary that the offender profited or hoped to profit A document falsified as a necessary means to commit another crime (complex (complex crime) crime) must be public, official or commercial. commercial . Hence, there is no complex crime of estafa through QuickTime™ and a falsification ofTIFF a (Uncompressed) private document because document because the decompressor are needed to see this picture. immediate effect of the latter is the same as that of estafa. There is no falsification falsification through reckless reckless imprudence if the document is private and no actual damage is caused. If the estafa was already consummated at the time the falsification of a private document was committed committed for the purpose of concealing the estafa, the falsification is not punishable. punishable. As regards the falsification of the private

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document, there was no damage or intent to cause damage. A private document document may acquire the character of a public document when document when it becomes part of an official record and is certified certified by a public officer duly authorized by law. The crime is falsification of public documents even if the falsification took place before the private document became part of the public records.

ELEMENTS OF USE OF FALSIFIED DOCUMENT (par. 3, art. 172): 172): Introducing in a judicial proceeding 1. That the offender knew that knew that a document was falsified by another person. 2. That the false document is embraced in art. 171 or in any su bdivisio ns nos . 1 and and 2 of art. 172. 3. That he introduced said document in evidence in evidence in any judicial any judicial proceeding. proceeding . Use in any other transaction 1. That the offender knew that knew that a document was falsified by another person. 2. That the false document is embraced in art. 171 or in any of subdivision nos. 1 and 2 of art. 172. 3. That he used such used such documents (not in judicial proceedings). 4. That the use of the the documents caused damage to another or at least was used with intent with intent to cause such damage. damage. The user of the falsified document is deemed deemed the author of the falsification, if: 1. The use was so closely connected in time with the falsification, and 2. The user had the capacity of falsifying the document. FALSIFICATION OF PRIVATE DOCUMENTS Damage to third party is an element of the offense.

FALSIFICATION OF PUBLIC/ OFFICIAL DOCUMENTS OFFICIAL DOCUMENTS Damage to Damage to third persons is immaterial ; what is punished is the violation of public faith and perversion of truth which the document proclaims.



false certificate which refers to the illness or injury of a person. 2. Public officer who who issued a false certificate of merit of service, good conduct or similar circumstances. Ex. Certificate of residence 3. Private individual who individual who falsified a certificate under (1) and (2).

ARTICLE 173. FAL SIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED MESSAGES ACTS PUNISHABL E: 1. Uttering fictitious, wireless, telegraph or telephone message or falsifying message. message. ELEMENTS: a. That the offender is an officer or employee employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message; message; and b. That the accused commits commits any of the following acts: uttering uttering fictitious wireless, cable, telegraph, or telephone message, or falsifying wireless, cable, telegraph, or telephone message A private individual may be a principal by inducement but not direct participation •

ARTICLE 175. USING FALSE CERTIFICATES CERTIFICATE - any writing by which testimony is given that a fact has or has not taken place ELEMENTS: ELEMENTS: 1. That a physician or surgeon has issued a false medical certificate, or a public officer has issued issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any falsified any of said certificates; 2. That the offender knew knew that the certificate was false; and 3. That he used the used the same.

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ELEMENTS: a. That the accused knew knew that wireless, cable, telegraph, or telephone message was falsified by any of the person specified in the first paragraph of art. 173; b. That the accused used used such falsified dispatch; and c. That the use use of the falsified dispatch dispatch resulted in the prejudice of a third party, party , or that the use thereof was with intent to cause such prejudic e. •

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When any of false false certificates certificates mentioned mentioned in in Article 174 is used in judicial proceedings, Article 172 does not apply because it is limited only to those false documents embraced in Articles 171 and 172. ARTICLE 176. MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION

ACTS PUNISHABL E: 1. Making or introducing introducing into the Philippines any stamps, dies or marks or other instruments or implements for counterfeiting or falsification. 2. Possessing with intent to use use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person. NOTES: The implements confiscated need not form a complete set. set. It is enough that they may be employed by themselves or together with other implements to commit the crime of counterfeiting or falsification. Constructive possession is possession is also punished. Article 165 and 176 of the Revised Penal Code, also punish constructive possession. •

ARTICLE 174. FAL SE MEDICAL CERTIFICATES, CERTIFICATES, FALSE FA LSE CERTIFICATES CERTIFICATES OF MERIT OR SERVICE, ETC PERSONS PERSONS LIABL E: 1. Physician or surgeon surgeon who, in connection with the practice of his profession, issued a

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ARTICLE 177. USURPATION OF AUTHORITY AUTHORITY OR OFFICIAL FUNCTIONS FUNCTIONS ACTS PUNISHABL E : 1. Usurpation of authority: authority : By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency agency of the Philippine Philippine or any foreign government 2. Usurpation of official functions: functions : By performing an act pertaining to any person in authority or public officer of of the Philippines or foreign foreign government under the pretense of such official position, position , and without b eing lawfully entitled to entitled to do so. NOTES: In usurpation of authority, authority , the mere act of knowingly and falsely representing oneself is is sufficient. It is not necessary that he performs an act pertaining to a public officer. There must be positive, express and explicit representation and not merely a failure to deny. Representation may be shown by acts. In usurpation of official functions, functions , it is essential that the offender should have performed an act pertaining pertaining to a person in authority. A public officer may also be an offender. Note: the the usurpation must pertain pertain to a department or agency of the Philippine Government or any foreign government. Sec. 1 RA 75 punishes any person who shall falsely assume and take upon himself to act as a diplomatic, consular, or any other official of a foreign government duly accredited as such to the Government of the Republic of the Philippines with with intent to defraud defraud such foreign government or the Government of the Philippines; in addition to penalties imposed in RPC, the offender shall be fined not more than P5,000 or shall beandimprisoned for not QuickTime™ a TIFF (Uncompressed) decompressor more than 5 are years both. neededor to see this picture. If it can be proven that the usurpation usurpation of authority or official functions by accused was done in good faith or under cloth of authority, then the charge of usurpation will not apply. Ex. See Estrada v. Desierto

Commissioner. While it is true that under Sec. 206 of the NIRC as amended, the Commissioner of the BIR and not any Officer of the BIR was the one granted with the power to issue a notice of distraint, it bears to stress, however, that when respondent Hefti exercised such function of the BIR Commissioner, she was then designated Officer-In-Charge of the BIR by President Gloria Macapagal-Arroyo, as evidenced by a photocopy of her Memorandum of Appointment dated January 23, 2001. xxx Suffice it to say that when respondent Hefti issued the notice of distraint, she was clothed with authority to issue the same in view of her appointment as the then Officer-In-Charge of the BIR. BIR. Hence, the charge charge for Usurpation of Official Function does not apply to said respondent.

Chapt er Two – OTHER FAL FAL SIT SITIES IES

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ARTICLE 178. USING FICTITIOUS FICTITIOUS NAME NAME AND CONCEALING TRUE NAME ELEMENTS OF USING FICTITIOUS FICTITIOUS NAME: 1. That the offender uses a name other than his real name; name; 2. That he uses that fictitious name publicly; publicly; 3. That the purpose of purpose of the offender is – a. To conceal a crime, b. To evade the evade the execution of a judgment, or c. To cause damage to public interest. interest. Ex. Ex . Signing fictitious name for a passport

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ELEMENTS OF CONCEALING TRUE NAME: 1. That the offender conceals – conceals – a. his true name, name, and b. all other personal circumstances; circumstances; and 2. That the purpose is only to conceal his identity. identity . USE OF FICTITIOUS NAME (178)

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Estr ada v. Desi erto , GR 156160, 156160, 12/9/04 12/9/04 Hefti was charged with Usurpation of Official Function for issuing a notice of distraint, a function of the BIR

Element of publicity must publicity must be present Purpose is to conceal a crime, to evade the evade the execution of a judgment, or to cause damage to public interest

CONCEALING TRUE NAME (178) Publicity not necessary Purpose is only to conceal identity



Wearing the uniform of an imaginary office, not punishable Using naval, military, police or other official uniform, decoration or regalia of foreign State with intent to deceive or mislead is punished by RA 75 by a fine not exceeding P200 or imprisonment not exceeding 6 months, or both Wearing insignia, badge or emblem of rank of the members of the Armed Forces of the Philippine or Constabulary is punished by RA 493 by a fine of not less than P100 and not exceeding P2,000 or by imprisonment for not less than one month or not exceeding two years, or both, except if used in playhouse or theater or in moving picture films

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C.A. NO. NO. 142 (Anti-Alias Law)

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PERSONS PERSONS LIABL E: 1.

Any person who uses any name different different from the one w/ w/c he was registered at birth in the office of the local civil registry, or w/ w/c he was registered in the bureau of immigration upon entry, or such substitute name as may have been authorized by a competent court. Exempted from Exempted from criminal liability are persons who use another name as a pseudonym solely for literary, cinema, television, radio, or other entertainment purposes and in athletic events; events; and 2. Any person who having been baptized with a name different from what was registered, or who had obtained judicial authority for use of an alias, or who uses a pseudonym, represents himself in any public or private document w/o stating or affixing his real or orig inal name or aliases aliases or pseudonym he pseudonym he is authorized to use. NOTES: A ju di ci al aut ho ri ty must be first secured by a person who desires to use an alias. However, a common-law common-law wife does not incur criminal liability under the Anti-Alias Law if she uses the surname of the man she has been living w/ for the past 20 years and has been introducing herself to the public as his wife. •

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ARTICLE 179. ILL EGAL USE OF UNIFORMS OR INSIGNIA

ELEMENTS: ELEMENTS: 1. That the offender makes use of insignia, uniform or dress; dress ; 2. That the the insignia, insignia, uniform or dress dress pertains pertains to an office not held by the offender or to a class of persons of which he is not a QuickTime™ and a member ; and TIFF (Uncompressed) decompressor are needed see this picture.or dress is used 3. That said insignia, touniform publicly and improperly. improperly . NOTES: An exact imitation imitation of the dress or uniform is unnecessary; unnecessary; a colorable resemblance calculated to deceive is sufficient The term “improperly “improperly”” means that the offender has no right to use the use the uniform or insignia. •

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ARTICLE 180. FAL SE TESTIMONY TESTIMONY AGAINST A DEFENDANT

ELEMENTS: ELEMENTS: 1. That there be a Criminal proceeding; proceeding ; 2. Offender testifies falsely under oath against the defendant therein; defendant therein; 3. Offender knows that it is false; false ; and 4. The defendant against whom the false testimony is given is either acquitted or convicted in convicted in a final judgment. FALSE TESTIMONY - committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it NOTES: Violation of this article article requires criminal intent. intent . Hence, it cannot be committed through negligence. The offender need not impute guilt upon guilt upon the accused to be liable. The defendant must at least be sentenced to a correctional penalty or a fine, or must have been acquitted. The witness who gave false testimony is liable even if the court did not consider his testimony. Penalty depends upon sentence imposed on the defendant except in the case of a judgement of acquittal. Since Art. 180 does not prescribe the penalty where the defendant in a criminal case is sentenced to a light penalty, penalty , false testimony in this •

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instance cannot be punished punished considering that a penal must be strictly construed.

ARTICLE 181. FAL SE TESTIMONY TESTIMONY FAVORABLE TO THE DEFENDANT NOTES: False testimony by negative statement is is still in favor of the defendant. False testimony in favor of defendant need not directly influence the decision of acquittal nor benefit the defendant(intent to favor defendant sufficient) A statement of mere opinion is not punishable. Conviction or acquittal is not necessary (final (final ju dg men t is no t nec ess ary), ary ), but gravity of crime in principal case should be shown A defendant defendant who voluntarily goes up on the witness stand and falsely imputes to another person the commission commission of the offense is liable under this article. If he merely denies the commission of the offense, he is not liable. Rectification made spontaneously after realizing mistake is not false testimony (Not liable if there is no evidence that accused acted with malice or criminal intent to testify falsely) The penalty in this article is less than that which is provided in the preceding article because there is no danger to life or liberty of the defendant.

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Basis of penalty: amount amount involved in the civil case.

ARTICLE 183. FAL SE TESTIMONY TESTIMONY IN OTHER OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION

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ARTICLE 181. FAL SE TESTIMONY TESTIMONY IN CIVIL CASES

ELEMENTS: ELEMENTS: 1.

That an accused made a statement under oath oath or made an affidavit affidavit upon a material matter ; 2. That the statement statement or affidavit was made before a a competent officer , authorized to receive and administer oath; 3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; falsehood ; and 4. That the sworn statement or affidavit containing the falsity is required by law. law . Two (2) Ways Of Committing Perjury: Perjury : a. by falsely testifying under oath b. by making a false statement NOTES: Subornation of perjury perjury is committed if a person procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty of perjury. This is now treated as plain perjury, the one inducing another as principal by inducement and the one induced as principal by direct participation. Solemn affirmation affirmation refers to non-judicial proceedings and affidavits. A false affidavit to a criminal complaint may give rise to perjury. A matter is material material when it is directed to prove a fact in issue. A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction. There is no perjury through negligence or imprudence since imprudence since the assertion of falsehood must be willful and deliberate. Even if there is no law requiring the the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient. Perjury is an offense offense which which covers covers false false oaths other than those taken in the cours e of judicial proceedings. proceedings . •

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ELEMENTS: ELEMENTS: 1. That the testimony must be be given in a civil case; case; 2. That the testimony testimony must relate to the the issues issues presented in said case; QuickTime™ and afalse; 3. That the testimony must be false; TIFF (Uncompressed) decompressor are needed to see this picture. 4. That the the false testimony must be given by the defendant knowing the same to be false; and 5. That the testimony must be malicious malicious and given with an an intent to affect the issues presented in the said case.

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This article is not applicable when applicable when testimony is given in a special proceeding. proceeding. In this case, the crime is perjury. perjury .

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False testimony before the justice of the peace during a preliminary investigation may give rise to the crime of perjury, not false testimony in judicial proceedings. The latter crime contemplates an actual trial where a judgment of conviction or acquittal is rendered.

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ELEMENTS OF ATTEMPTING BIDDERS TO STAY AWAY :

ELEMENTS: ELEMENTS:

NOTES: This article applies when the offender, without inducing inducing another but knowing knowing him to be a false witness, presented him and the latter testified falsely in a judicial or official proceeding. The felony is consummated consummated the moment a false witness is offered offered in any judicial or official proceeding. Looking for a false witness is not punished by law as that is not offering a false witness. The false witness need not be convicted of false testimony. A mere offer to present him is sufficient. •

TO

CAUSE

1. That there be a public auction; auction ; 2. That the accused attempted to cause the bidders to stay away from that public auction; 3. That it was done by threats, gifts, promises, or any other artifice; artifice ; and 4. That the accused had the intent to cause the reduction of the price price of the thing auctioned.

ART. 184. OFFERING OFFERING FALSE TESTIMONY IN EVIDENCE

1. That the offender offered in evidence a false witness or false testimony; testimony ; 2. That he knew knew the witness or the testimony was false; and 3. That the offer was made in a judicial or official proceeding. proceeding .

That the accused had the the intent to cause the reduction of the price price of the thing auctioned.

NOTES: The crime is consummated by the mere act of soliciting a gift or promise for the purpose of abstaining from taking part in any public auction. The threat need not be effective nor the offer or gift accepted for the crime to arise. Execution sales should be opened to free and full competition in order to secure the maximum benefit for the debtors. •

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ARTICLE 186. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

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Chapt er Three – FRAUDS

ARTICLE 185. MACHINATIONS IN PUBLIC QuickTime™ and a AUCTIONS TIFF (Uncompressed) decompressor are needed to see this picture.

ELEMENTS AUCTIONS: AUCTIONS:

OF

MACHINATIONS

IN

PUBLIC

1. That there be a public auction; auction ; 2. That the accused solicited any gift or a promise from promise from any of the bidders; 3. That such gifts or promise was the consideration for his refraining from taking part in that public auction; and

ACTS PUNISHED: PUNISHED: 1. Conspiracy or combination combination to prevent free competition in the market 2. Monopoly to restrain free competition competition in in the market 3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of merchandise NOTES: Combination Combination to prevent free competition in the market - By entering into a contract or agreement agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market; It is enough that initial steps are taken. It is not n ecessary ecessary th at there be actual restraint of trade. •



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Monopoly to restrain free competition in the market - By monopolizing any merchandise or object of trade or commerce, or by combining with any person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of price of the merchandise. Also liable as principals as principals:: a. corporation/association b. agent/representative c. director/manager who willingly permitted or failed to prevent commission of above offense When offense is committed by a corporation or association, the president and directors or managers are liable. Mere conspiracy or combination is punished Crime is aggravated if aggravated if the items involved are: a. food substance food substance b. motor fuel or lubricants c. goods of prime necessity RA 3720 - created Food and Drug Administration RA 6361 - created Price Control Council RA 1180 - an Act to regulate the Retail Business A MONOPOLY MONOPOLY is a privilege or peculiar advantage vested in one or more persons or companies, consisting in the exclusive right or power to carry on a particular business or trade, manufacture a particular article, or control the sale or the whole supply of a particular commodity. It is a form of market structure in in which one or only a few firms dominate the total sales of a product or service. On the other hand, a COMBINATION IN RESTRAINT OF TRADE is an agreement or understanding between two or and more persons,TIFFin(Uncompressed) theQuickTime™ formdecompressor of a a contract, trust, are needed to see this picture. other pool, holding company, or form of association, for the purpose of unduly restricting competition, monopolizing trade and commerce in a certain commodity, controlling its production, distribution and price, or otherwise interfering with freedom of trade without statutory authority. Combination in restraint of trade refers to the means while monopoly refers to the end.

ARTICLE 187. IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE MADE OF GOLD, SIL VER, OR OTHER PRECIOUS PRECIOUS METALS OR THEIR ALLOYS ELEMENTS: 1. That the offender imports, sells or disposes of any article or merchandise merchandise made of gold, silver or other precious metals; metals ; 2. That the stamps, brands, or marks of those articles or merchandise fails to indicate the actual fineness or quality quality of said metals or alloys; and 3. That the offender knows knows that the said stamp, brand, or mark fails to indicate the actual fineness or quality of the metals or alloys. •

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When evidence show the article to be imported, selling the misbranded articles is not necessary. The manufacturer manufacturer who alters alters the quality or fineness is liable for estafa under Art. 315, 2(b)

ARTICLE 188. SUBSTITUTING AND ALTERING TRADEMARKS, TRADENAMES, TRA DENAMES, OR SERVICE MARKS

ACTS PUNISHABL E: 1. By (a) substituting substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof, imitation thereof, for the t/n or t/m of the real manufacturer or dealer upon any article of commerce; and (b) and (b) selling the same. 2. By selling or by offering for sale such sale such article of commerce, knowing that knowing that the t/n or t/m has been fraudulently used. 3. By using or substituting the service mark of mark of some other person, or a colorable imitation of such marks, in the sale or advertising of services. 4. By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a colorable imitation thereof, to enable another person to fraudulently use use the same, knowing the knowing the fraudulent purpose for which it is to be used. TRADE-NAME OR TRADE-MARK – is a word or words, name, title, symbol, emblem, sign or device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise, for



the purpose of enabling the public to distinguish the business of the person who owns and uses said trade-name or trade-mark SERVICE MARK – is a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other advertising NOTES: The provisions of Articles 188 and 189 of the Revised Penal Code which are inconsistent with R. A. 8293 (Intellectual Property Code of the Philippines) are repealed. The tradename, trademark or service mark need not be identical; a colorable imitation is sufficient. There must not be differences differences which are glaring and striking to the eye. “Mark” means any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container. Tradename: Tradename: identify or distinguish an enterprise; not necessarily attached or affixed to the goods of the owner. Trademarks: to Trademarks: to indicate origin of ownership of goods to which it is affixed In trademarks, trademarks, it is not necessary that that the goods of the prior user and the later user of the trademark are of the same same categories. categories. The meat of the matter is the likelihood of confusion, mistake or deception upon purchasers of the goods of the junior user of the mark and goods manufactured by the previous user. The tradename or trademark trademark must be registered. Trademark must not be merely descriptive or generic. The exclusive exclusive right to an originally valid trademark or tradename is lost, if for any reason it loses its distinctiveness or has become “publici juris.” QuickTime™ and a •

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ACTS PUNISHED: PUNISHED: 1. Unfair competition by selling his goods, giving them the general appearance of the goods of another manufacturer or dealer. 2. Fraudulent designation of origin by (a) affixing to his goods or using in connection with his services a false designation of origin; or any false description or representation, and (b) selling such goods or services. 3. Fraudulent registration by procuring fraudulently from the patent office the registration of t/m, t/m or service mark. ELEMENTS OF UNFAIR COMPETITION: COMPETITION: 1. That the offender gives his goods the general appearance of the goods of another manufacturer or dealer; 2. That the general appearance is shown in the (a) goods themselves, (b) wrapping of their packages, (c) device or words therein, or in (d) any other feature of their appearance; 3. That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose; and 4. That there there is actual intent intent to deceive the the public or defraud a competitor. UNFAIR COMPETITION: COMPETITION : consists in employing deception or any other means contrary to good faith by which any person shall pass off the goods manufactured by him or in which he deals, or his business, or services for those of the one having established goodwill, or committing any acts calculated to produce such result Unfair Competition

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Infringement of trademark tradema rk o r tr ade name

Broader, more inclusive

Limited range

Identified in the mind of the public whether or not a mark or trade name is employed

Identified a peculiar symbol or mark with his goods and thereby has acquired a property right in such symbol or mark

Gives his goods the general appearance of the goods of another

Sells goods on which trademark is affixed

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ARTICLE 189. UNFAIR COMPETITION, COMPETITION, FRAUDULENT REGISTRATION OF TRADE NAME, TRADEMARK, OR SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FAL SE DESCRIPTION DESCRIPTION * Superseded by RA 8293, Property Code, Jan. 1, 1998.

the

Intellectual



TITLE FIVE CRIMES RELATED TO OPIUM A ND OTHER PROHIBITED DRUGS

d. 3.

Articles 190-194 of the Revised Penal Code are repealed by Republic Act No. 6425 “The Dangerous Drugs Act of 1972” which took effect on March 30, 1972 (Sec. 42), as amended by PD No. 1683 and further amended by RA No. 7659

Maintenance of a den, dive, or resort where any controlled precursor and essential chemical is sold or used Qualifying circumstances: 1. where a prohibited/regulated drug is administered, delivered, or sold to a minor who is allowed to use the same in such place; or 2. should a prohibited drug be the proximate cause of the death of death of the person using the same in such den, dive or resort. 3. Organizes, Organizes, manages or acts as financier

THE DANGEROUS DRUGS ACT OF 2002 (R. A. NO. 9165, 9165, repealin g R. A. NO. 6425 and RPC RP C provisions on crimes related to opium and other prohibited drugs)

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Policy 1. Campaign against against Drugs and Protection Protection of State 2. Balance  Medicinal Purpose 3. Rehabilitation

ACTS PUNISHABL E:

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2. Sale, Sale, administ administ ration,QuickTime™ delivery, distribution and and a (Uncompressed) decompressor transportation of transportationTIFF of dangerous drugs are needed to see this picture.

4. Being employees or visitors visitors of drug den who are aware of the nature of such place For the employee who is aware of nature of place and any person who knowingly visits such place A person who visited visited another another who was was smoking opium shall not be liable if the place is not an opium dive or resort •

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5. Qualifying circumstances: a. Within 100 100 meters from a sch ool; ool ; b. If minors/mentally incapacitated individuals are used as runners, couriers and messengers messengers of drug pushers; c. If the victim of the the offense offense is a minor, or should a prohibited/regulated drug involved in any offense under this section

The protector or coddler is is also liable. If place owned by third person, the same shall be confiscated and escheated in favor of government IF 1. Complaint specifically allege that such place used intentionally for furtherance of crime 2. Prosecution proves intent on part part of owner 3. Owner included as accused in criminal complaint

OPIUM DIVE OR RESORT: RESORT : place where dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form (To (To be habitual – prior conviction, reputation of place)

1. Importation of Importation of dangerous drugs (even for floral, decorative and culinary purposes) and/or controlled precursors and essential chemicals Qualifying Qualifying circ umstance: a. If the the importation importation was was through through the use of a diplomatic passport, diplomatic facilities or any other means involving the offender’s official status. status . b. Organizes, Organizes, manages or acts as a financier The protector or coddler is is also liable.

be the proximate cause of th e death death of a victim thereof Organizes, Organizes, manages or acts as financier

Manufacture Manufacture of dangerous drugs and/or controlled precursors and essential chemicals Ag gr avat in g circumstance: Clandestine lab is undertaken under the following circumstances: 1. Any phase conducted in presence or with help of minors 2. Established/undertaken within 100m of residential, business, church or school premises Page Pa ge 98 of 174


3. 4.

Lab secured/protected by booby traps Concealed with legitimate business operations 5. Employment of practitioner, chemical engineer, public official or foreigner Qualifying circumstance: Organizes, manages or acts as financier

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Prima facie proof of manufacture: presence of controlled precursor and essential chemical or lab equipment in the clandestine lab

Elements Elements of possession of o pium: (RA (RA 6425) 6425) 1. occupancy or taking 2. intent to possess

CLANDESTINE LABORATORY: LABORATORY : Any facility used for illegal manufacture of any dangerous drug and or controlled precursor and essential chemicals 6. Illegal chemical diversion diversion of precursor and essential chemicals

7. Manufacture or delivery of equipment, instrument, apparatus, and other paraphernalia paraphernalia for dangerous drugs and/or controlled precursor and essential chemicals Ac ts Pun is hab le: 1. deliver 2. possess with intent to deliver 3. manufacture with with intent to deliver the paraphernalia, knowing, or under circumstances where one reasonably should know Qualifying circumstance - use of a minor or a mentally incapacitated incapacitated individual to deliver QuickTime™ and a TIFF (Uncompressed) decompressor such equipment, instrument, apparatus or other are needed to see this picture. paraphernalia 8. Possession of dangerous drugs, drugs, regardless of the degree of purity Penalties are graduated to the amount of drugs (the only violation where quantity matters) The kinds of drugs have different respective amounts for the graduation of penalties •

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CHEMICAL DIVERSION: DIVERSION : sale, distribution, transport of legitimately imported, in-transit, manufactured or procured controlled precursors or essential chemicals to any person or entity engaged in manufacture of dangerous drug and concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud

Qualifying circumstance: Party, social gathering, or in the proximate company of at least 2 persons , regardless of quantity Possession: unauthorized, either actual or constructive, irrespective of quantity, with intent to possess(full knowledge that what was possessed was any of prohibited or regulated drug)

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What is punished is present possession, not past possession It is not necessary to allege in information that accused is not authorized to possess opium

Possession of equipment, equipment, instrument, apparatus and other paraphernalia fit for introducing dangerous drugs into the body •

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Possession of such equipment = Prima facie evidence that possessor has used a dangerous drug and shall be presumed to have violated Sec. 15, use of dangerous drug. The possession of PARAPHERNALIA is absorbed by USE of dangerous drug. Qualifying circumstance: Party, social gathering, or in the proximate company of at least 2 persons. persons .

10. Use of Use of dangerous drugs •

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Must be found positive after a confirmatory test st 1 conviction – minimum of 6 mos. of rehabilitation nd 2 conviction – imprisonment and fine Where the accused is also found to be in possession of dangerous drugs, drugs, this Section shall not apply. Sec. 11, possession of dangerous drugs, shall apply. Hence, USE is sub sum ed b y POSSE POSSESSI SSION. ON. Ex. Ex . If the offender is caught with possession of paraphernalia, possession of dangerous drugs and use of dangerous drugs, the offense is POSSESSION OF DANGEROUS DRUGS. DRUGS.

11. Cultivation or culture of plants plants which are dangerous drugs or are sources thereof Page Pa ge 99 of 174


The penalty for such attempt and conspiracy is the same penalty prescribed for the commission. Thus, where the offense of sale was not consummated, the accused should not be prosecuted under mere possession, but under Sec. 26. (Justice Peralta)

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The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State, unless the owner thereof thereof prove that he did not know know of such cultivation or culture despite the exercise of due diligence on diligence on his part.

Qualifying circumstance: Qualifying circumstance: 1) The land is part of the public domain 2) Organizes, Organizes , manages or acts as financier

12. Failure to keep of original records transactions of dangerous drugs •

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Persons liable: practitioner, manufacturer, wholesaler, importer, distributor, dealer, or retailer The additional penalty of revocation of his license to practice his profession in case of a practitioner, or of his or its business license in case of manufacturer, seller, importer, distributor or dealer, shall be imposed.

13. Unnecessary Unnecessary prescrip tion of tion of dangerous drugs

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Person Liable: Practitioner who shall prescribe any dangerous drug for any person whose physical/physiological condition does not require the use of thereof or in the dosage therein.

14. Unlawful Unlawful prescripti on of on of dangerous drugs

Al so Pun is hab le ATTEMPT AND CONSPIRACY TO COMMIT THE FOLLOWING OFFENSES: a. Importation of dangerous drugs and/or controlled precursor and essential chemical, b. Sale, trading, administration, dispensation, QuickTime™ and a TIFF (Uncompressed) decompressor delivery, distribution and transportation transportation of of are needed to see this picture. dangerous drugs and/or controlled precursor and essential chemical, c. Maintenance of a den, den, dive or resort for dangerous drugs, d. Manufacture of dangerous drugs and/or Scontrolled precursor and essential chemical, and e. Cultivation or culture of plants which are sources of dangerous drugs.

OTHER PERSONS LIABLE: 1. Public officer or employee employee who misappropriates, misapplies or fails to account account for confiscated, seized, or surrendered dangerous drugs, plant sources of dangerous drugs, etc. 2. Any elective local or national official who have benefited from the proceeds of trafficking of dangerous drugs drugs or have received any financial/material contributions or donations from natural or juridical persons guilty of drug trafficking. 3. If the violation violation of the Act is committed committed by a partnership, corporation, association or any judicial person, the partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. 4. Partner, president, director, manager, officer or stockholder, who knowingly authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an instrument in the importation, sale, delivery, distribution or transportation of dangerous drugs, or to the use of their equipment, machines or other instruments in the manufacture of any dangerous drugs, if such vehicle, vessel, aircraft, equipment, or other instrument, is owned or under the control and supervision of the partnership, corporation, association or judicial entity to which they are affiliated. 5. Any person who is found guilty of “planting” any dangerous drugs and/or controlled precursor and essential chemicals, regardless of quantity or purity (penalty of death). 6. Any person person violating violating a regulation issued by the Dangerous Drugs Board 7. Any person authorized to conduct drug test who issues false or fraudulent drug test results knowingly, willfully or through gross negligence. 8. Any government officer tasked with the prosecution of drug-related cases under this Act who delays or bungles the prosecution. •

For the purpose of enforcing the provisions provisions of this Act, all school heads, supervisors and teachers shall be deemed to be persons in authority and, as such, are vested with the power to Page 100 of 174


apprehend, arrest, or cause the apprehension or arrest of any person who shall violate any of the said provision. They shall be considered as persons in authority if they are in the school or within its immediate vicinity, or beyond such immediate vicinity if they are in attendance in any school or class function in their official capacity as school heads, supervisors or teachers. Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who shall, in turn, report the matter to the proper authorities. Failure to report in either case shall, after hearing, constitute sufficient cause for disciplinary action by the school authorities. (Sec. 44)

D.

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Upon application application of the Board, the Court Court shall issue an order for recommitment if the drug dependent does not resubmit himself for confinement or if he is not surrendered for recommitment. If, subsequent to such recommitment, he should escape again, again, he shall no longer be exempt exempt from criminal liability for the use or possession of any dangerous drug.

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F.

If a person charged charged with an offense with an imposable penalty of less than 6 years and 1 day , and the Court or prosecutor, at any stage of the proceedings, finds that the person charged with an offense is a drug dependent, dependent, the fiscal or court as the case may be, shall suspend suspend all further proceedings and transmit records of the case to the Board. If the Board determines that public interest requires that such person be committed, it shall file a petition for commitment. After commitment. After commitment and discharge, the prosecution shall continue. continue. In case of conviction, the judgment shall, if certified by the center for good behavior , indicate that he shall be given full credit credit for the period of confinement; provided when the offense is us e of dangerous drugs, and the accused is not a recidivist , the penalty shall have deemed to have been served in the center upon release.

G.

The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center.

H.

A drug dependent who is discharged as rehabilitated, but does not qualify for exemption, exemption, may be charged under this Act, but shall be placed on probation probation and undergo community service in lieu of imprisonment and/or fine in fine in the court’s discretion.

I.

A drug dependent who is not rehabilitated after the second commitment to the Center under the voluntary submission program shall, upon recommendation of the Board, be charged for violation of Sec. 15, (use of dangerous drug) and be prosecuted like any other offender. If convicted, he shall be credited for the period of confinement in the Center.

RULES FOR EXEMPTION FROM CRIMINAL LIABILITY OF DRUG DEPENDENTS THROUGH VOLUNTARY SUBMISSION: A.

B.

C.

Drug dependent who is finally discharged from discharged from confinement shall be exempt exempt subject to the ff. conditions: 1) Complied with the rules rules of the Center Center 2) Never been charged or convicted of any offense under this Act, the Dangerous Drugs Act of 1972, the RPC, or any special penal laws. 3) No record of escape from the the Center; provided if he escaped, he surrendered surrendered by himself or through his parent, spouse, th w/in guardian or relative w/in the 4 1 week. 4) Poses no serious danger to himself, himself, family or community. Voluntary submission submission of a drug dependent to confinement, treatment and rehabilitation by the drug dependent himself or through his parent, th guardian or relative within the 4 in a center and compliance with such conditions therefor as the QuickTime™ and a TIFF (Uncompressed) Dangerous Drugs Board decompressor may prescribe shall are needed to see this picture. exempt exempt him from criminal liability for possession or us e of the dangerous drug. Should the drug dependent escape escape from the center, he may submit himself for confinement within 1 week from week from the date of his escape, of his parent guardian or relative may, within the same period surrender him for confinement.

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RULES ON SUSPENSION SUSPENSION OF SENTENCE FOR FIRST OFFENSE OF OFFENSE OF A MINOR: MINOR: A. Supervision and rehabilitative surveillance of the Board Board and under such conditions that the court may impose for a period of 6-18 mos. Requisites for suspension: 1. Accused is a minor over 15 15 years at the time of the commission of the offense but not more than 18 years of age when the judgment should have been promulgated. promulgated. 2. He has not been previously convicted of violating this Act, Dangerous Drugs Act of 1972, RPC or any special penal laws. 3. He has not been previously committed to a Center or to the care of a DOH-accedited physician. 4. The Dangerous Drugs Drugs Board favorably recommends recommends that his/her sentence be suspended. •

Where the minor is under 15 15 years at the time of the commission, Art. 192 of Child and Youth Welfare Code Code shall apply (suspension of sentence and commitment)

B. The privilege of suspended sentence may be availed of only once. C. If the minor violates any violates any of the conditions of his suspended sentence, rules of the Board, or rules of the center, the court shall pronounce ju dg men t of co nv ic ti on on and he shall serve sentence as as any other c onvicted person. person . D. Upon promulgation promulgation of sentence, the court may, in its discretion , place the accused under probation, probation , or impose community service in lieu of imprisonment. imprisonment .


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PROCEDURE for CUSTODY and DISPOSITION TIME

TASK

1

Immediately after seizure

Inventory and photograph

2

24 hours upon confiscation

Submit to PDEA Forensic Lab for examination

3

24 hours after receipt

Issue certification of exam results under oath; provided, if the volume is too large, provisionally issue partial report, stating quantities still to be examined; provided further, issue final certification within next 24 hours.

4

72 hours after filing of criminal case

Court ocular inspection.

5

24 hours from ocular inspection

Destruction (through PDEA); provided, retain representative sample. Board to issue sworn certification of destruction. Submit certification and representative sample to the court.

6

After promulgation and judgment

7

24 hours from receipt

PRESENT Accused or the person/s from whom confiscated, or representative, media, DOJ and any elected public official who shall sign the copies of the inventory and be given a copy.

Accused or the person/s from whom confiscated, or representative, media, DOJ, civil society groups and any elected public official

Trial prosecutor to inform the Board of final termination of case. Request the court for leave to turn over representative samples to PDEA. Destruction

Alleged offender or his representative shall be allowed to personally personally observe all of the the proceedings and his presence shall not constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in writing within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorney’s office to represent the former.


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RULES FOR LAB EXAMINATION OF APPREHENDED/ARRESTED APPREHENDED/ARRESTED OFFENDERS OFFENDERS : 1. If reasonable ground to ground to believe that offender is under the influence of dangerous drugs, conduct examination w/in 24 hours. 2. Positive results shall be challenged w/in 15 days 15 days after receipt of the result through a confirmatory test. 3. Confirmed Confirmed test shall be prima facie facie evidence that offender has used dangerous drugs. 4. Positive Positive test must be confirmed confirmed for it to be valid in a court of law. OTHER RULES: 1. In buy-bust operations, there is is no law or rule rule requiring policemen to adopt a uniform way of identifying buy money. 2. Absence of ultraviolet ultraviolet powder on the buy money is not fatal for the prosecution. 3. If offender offender is an alien, alien, an additional penalty of deportation without further proceedings shall be imposed immediately after service of sentence. 4. A person charged under the Dangerous Dangerous Drugs Act shall not be allowed to avail of plea-bargaining. 5. A positive finding for the use of dangerous drugs drugs shall be a qualifying aggravating circumstance in the commission of a crime by the offender. 6. If public official/employee official/employee is the offender, the maximum penalty shall penalty shall be imposed. 7. Any person convicted of drug trafficking trafficking or pushing cannot avail of the Probation Law. 8. Immunity from prosecution and punishment punishment shall be granted to an informant, provided the ff. conditions concur: 1) necessary for conviction 2) not yet in the possession possession of the State State 3) can be corroborated on material points 4) has not been previously convicted of a crime of moral turpitude, except when there is no other direct evidence QuickTime™ and a TIFF (Uncompressed) decompressor 5) comply with with conditions conditi ons imposed by are needed to see this picture. the State 6) does not appear to be the most guilty 7) no other direct evidence available 10. Mandatory drug testing includes: includes: 1) All persons charged with a criminal offense having an imposable penalty of not less than 6 years and 1 day. 2) All candidates candidates for public office, office, whether appointed or elected.

11. Limited applicability of the RPC  The RPC shall not apply to this Act, except in except in the case of offenders. Where the offender is a minor, minor offenders. the penalty for acts punishable by life imprisonment to death shall be reclusion perpetua to death. •

Hence, since RPC nomenclature of penalties is used, the minor is then entitled to mitigating circumstances under the RPC (Martin Simon case). Thus, the minor does not receive the death penalty. (Justice Peralta)

Peopl e v. A dam GR 143842, 10/13/03 10/13/03 Appellant is guilty of the crime of attempted sale of shabu. As gleaned from the the testimony testimony of the poseur-buyer, the appellant merely showed the bag containing the shabu and held on to it before it was confiscated. There is no evidence that the poseurbuyer talked about and agreed with the appellant on the purchase price of the shabu. There is no evidence that the appellant handed over the shabu to the poseur buyer.

Peopl e v. Yan g, GR 148077, 2/16/04 2/16/04 The consummation of the crime charged herein may be sufficiently established even in the absence of an exchange of money. The offer to sell and then the sale itself arose when the poseur-buyer showed the money to appellant, which prompted the latter to show the contents of the carton, and hand it over to the poseur-buyer. Mere showing of the said regulated drug does not negate the existence of an offer to sell or an actual sale. The absence of actual or completed payment is irrelevant, for the law itself penalizes the very act of delivery of a dangerous drug, regardless of any consideration. Payment of consideration is likewise immaterial in the distribution of illicit drugs. Peopl e v. Ch ua, GR 149878, 7/1/03 7/1/03 In a prosecution for illegal possession of a dangerous drug, mere possession of a regulated drug without legal authority is punishable under the Dangerous Drugs Act. Act. Lack of criminal criminal intent or good faith does not exempt appellants from criminal liability. Peopl e v. Cadl ey, GR 150735, 3/15/04 3/15/04 A prior surveillance is not a prerequisite for the validity of an entrapment or buy- bust operation, the conduct of which has no rigid or textbook method.

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Peopl e v. Del Nort e, GR 149462, 149462, 3/31/04 3/31/04 In a prosecution for illegal possession of dangerous drugs, the following facts must be proven with moral certainty: (1) that the accused is in possession of the object identified as a prohibited or regulated drug; (2) that such possession is not authorized by law; and (3) that the accused freely and consciously consciously possessed the said drug. In this this case, proof of the accused’s ownership of the house where the prohibited drugs were discovered is necessary.

(4) Black jack, jack, lucky nine, poker and its derivatives, monte, baccarat, cuajo, pangguigue and other card games (5) Pak que, high and low, mahjong, domino and other games using plastic tiles and the like (6) Slot machines, roulette, pinball and other mechanical contraptions and devices

TITLE SIX CRIMES AGAINST PUBLIC MORALS

(7) Dog racing, boat racing, car racing and other forms of races (8) Basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations

P.D. 1602. PRESCRIBING STIFFER PENALTIES IN IN ILLEGAL GAMBLING

(Repealed Art. 195-199 RPC, PD 483 betting law, and PD 449 cockfighting law) PENALTY PENAL TY Prision correccional, medium or fine ranging from P1,000 to P6,000

(9) Banking or percentage game, or any other game or scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made

ACTS PUNISHE PUNISHED D 1. Any person who shall directly or indirectly take part in any illegal or unauthorized activities or games of:

In case of recidivism: Prision mayor, (1) Cockfighting, jueteng, medium or fine jai-alai or horse horse racing QuickTime™ and a ranging from P5,000 to include bookie TIFF (Uncompressed) decompressor are needed to see this picture. to P10,000 operations and game fixing, numbers, bingo and other forms of lotteries

2. Any person who KNOWINGLY permits any form of gambling in an inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him

(2) Cara y cruz, pompiang pompiang and the like (3) 7-11 and and any game using dice

Prision correccional maximum, fine of P6,000

1.

Gambling in place with reputation of gambling, frequent gambling Page 105 of 174


place, government building or barangay hall 2. Maintainer or conductor of above gambling schemes Prison mayor, medium, with temporary absolute disqualification or fine of P6,000

Government official  maintainer, conductor, banker of gambling schemes; player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and machination

Prision correccional medium or fine P400 to P2,000

Any person who knowingly knowingly and without lawful purpose possess lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place

Temporary absolute disqualification

Barangay official who with knowledge of gambling house/place in his jurisdiction fails fails to abate or take action

Prision correccional maximum or fine P500 to P2000

Security officer, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have reputation of gambling place or where gambling activities are being held QuickTime™ and a

TIFF (Uncompressed) decompressor are needed to see this picture.

NOTES:  Playing for money is not a necessary element. The law’s purpose is to to prohibit prohibit absolutely those games. Any other games if with wager of money,  articles, or value are at stake or made  Individual/team contests: game-fixing, pointshaving, other machinations





Spectators are not liable: liable: must directly or indirectly take part; The law does not make it an offense to be present in a gambling house. A game or scheme scheme is is punishable punishable even if winning depends upon skill as long as wagers (consisting of money, articles of value or representative of value) are at stake or made.

Lottery: Requisites: 1. Consideration 2. Chance 3. Prize/advantage/inequality in amount value which is in the nature of prize

or

NOTES:  Distribution of prizes by chance No lottery where there is full value of  money(criminal case-Olsen), but if inducement to win prize is reason for purchase/subscription/others then even if full value for money is received—still lottery(Administrative Code, postal law-El Debate)  Proof that game took place or is about to take place is not necessary; burden of evidence is shifted to accused to show that his possession is lawful or is not connected with jueteng game; but proof to the contrary is necessary when jueteng lists pertain to games played on other dates MAINTAINER MAINTAINER – person who sets up and furnishes means to carry on gambling or scheme CONDUCTOR – CONDUCTOR – person who manages or carries on gambling game or scheme ART. 196: IMPORTATION, SAL E AND POSSESSION POSSESSION OF L OTTERY TICKETS OR ADVERTISEMENTS ADVERTISEMENTS (ALREADY REPEALED) REPEALED)

P.D. No. No. 483: BETTING, GAME-FIXING GAME-FIXING OR POINT-SHAVING POINT-SH AVING A ND MACHINATIONS IN SPORT CONTESTS

NOTES: BETTING BETTING - betting money or any object or  article of value or representative of value upon the result of any game, races and other sports contests Page 106 of 174

C riminal Law Summer Reviewer viewer ATENEO CENTRAL BAR OPERATIONS 2007 

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

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GAME-FIXING GAME-FIXING – any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or knows other than on the basis of the honest playing skill or ability of the players or participants POINT-SHAVING POINT-SHAVING – any such arrangement, combination, scheme or agreement by which the skill of ability of any player or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or the other team, player or participant therein GAME MACHINATION – any other MACHINATION fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sports contests Clearance for arrest, detention or prosecution – No person who voluntarily discloses or denounces to the President of the Philippine Amateur Athletic Federation or to the National Sports Association concerned and/or to any law enforcement/police authority any of the acts penalized by this Decree shall be arrested, detained and or prosecuted except upon prior written clearance from the President of the Philippines and/or the Secretary of National Defense

upon resolution, subject to approval of Chief of Constabulary or his authorized representative—not allowed within month of local fiesta of for more than two occasions a year in same city or municipality Cockfighting for Entertainment of Tourists or for Charitable Charitable Purposes: Purposes: Chief of Constabulary or his authorized representative may also allow the holding of cockfighting for: 1. Entertainment of foreign dignitaries 2. Tourists 3. Balikbayan 4. For support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President, upon resolution of a provincial board, city or municipal council In licensed cockpits or in playgrounds or parks Extended for only one time, for a period not exceeding 3 days, within a year to a province, city or municipality

NOTES:  Permitting gambling of any kind in cockpit is punished under the same Decree (Owner, manger or lessee of cockpit that permits gambling shall be criminally liable)  Spectators in cockfight are not liable unless he participates as bettor

ART. 198: IL LEGAL LEGA L B ETTING ON ON HORSE RACES (ALREADY REPEALED) REPEALED)

COCKFIGHTING LAW OF 1974

Holding of Cockfights – Cockfights – Cockfighting shall be QuickTime™ and a allowed only in licensed cockpits: TIFF (Uncompressed) decompressor are needed to see this picture. 1. Sundays 2. Legal Holidays, Holidays, except: December 30, June 12, November 30, Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum 3. During local fiestas for not more than than 3 days 4. Provincial, city or municipal agriculture, commercial or industrial fair, carnival or exposition for a similar period of three days

NOTES: Gambling in all its forms, unless allowed by  law, is generally generally prohibited. prohibited. The prohibition prohibition does not mean that the Government cannot regulate it in the exercise of police power.  There are particular days where Cockfighting and Horse Horse Racing Racing are allowed. allowed. Betting in Horse Races is allowed during periods provided by law but betting in cockfights is prohibited at all times. Sports Contests: Betting, Game-fixing, Point Shaving, Game Machinations prohibited

Chapt er Th ree - OFF OFFENS ENSES ES AGAINST DECENCY AND GOOD CUSTOMS

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ART. 200: GRAVE SCANDAL SCANDA L Elements: 1. That the offender performs an act; 2. That such act/s act/s be highly scandalous as offending against decency or good customs; 3. That the highly highly scandalous conduct does not expressly fall within any other article of the RPC; and 4. That the act/s complained complained of be committed in a public place or within the public knowledge or view. 

 



Grave scandal consists of acts which are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts. The public view is not required. It is sufficient if committed in public place. For being committed within the public knowledge, it may occur even in a private place; the number of people who sees it is not material. Decency means properly observing the requirements of modesty, good taste Customs refer to to established established usage, social conventions carried on by tradition and enforced by social disapproval in case of violation. The essence of grave scandal is publicity publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it

Considered as obscene literature or immoral or indecent plays, scenes or acts: 1. those w/c glorify criminals or condone crimes; 2. those w/c serve serve no other purpose but to satisfy the market for violence, lust or pornography; 3. those w/c offend against against any race or religion; 4. those w/c w/c tend to abet the traffic traffic and the use of prohibited drugs; and 5. those that are contrary to law, public order, order, morals, good customs, established policies, lawful orders, decrees and edicts. NOTES: imply conformity to generally  Morals accepted standards of goodness or rightness in conduct or character. The test of obscenity is whether the matter  has a tendency to deprave or corrupt the minds of those who are open to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. Mere nudity in paintings and pictures is not  obscene. Pictures w/ a slight slight degree degree of obscenity  having no artistic value and being intended for commercial purposes fall within this article.  Publicity is Publicity is an essential element.

ART. 202: VA GRANTS AND PROSTITUTES PROSTITUTES

. ART. 201: IMMORAL DOCTRINES, DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS, AND INDECENT SHOWS Persons Persons liable: 1. Those who publicly publicly expound or proclaim proclaim doctrines that are contrary to public morals. 2. Authors of obscene literature, published with their knowledge in any form. 3. Editors publishingQuickTime™ such obscene literature. and a TIFF (Uncompressed) decompressor 4. Owners or areoperators of establishments needed to see this picture. selling obscene literature. 5. Those who exhibit indecent or immoral immoral plays, scenes, acts or shows in theaters, fairs, cinemas or any other place. 6. Those who sell, distribute, distribute, or exhibit prints, engraving, sculptures or literature which are offensive to morals.

Who are co nsi dered VAGRANTS: VAGRANTS: 1. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling; 2. Persons found loitering around public and semi-public places without visible means of support; 3. Persons tramping or wandering wandering around the country or the streets with no visible means of support; 4. Idle or dissolute persons lodging in houses of ill-fame; 5. Ruffians or pimps and those who habitually habitually associate with prostitutes (may include even the rich); and 6. Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or justifiable reason,

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provided the act does not fall within any other article of the RPC. PROSTITUTES - women who habitually(not just 1 man) indulge in sexual intercourse or lascivious conduct for money or profit (If a man indulges in the same conduct, the crime committed is vagrancy.) DISSOLUTE DISSOLUTE – lax, unrestrained, immoral (includes maintainer of house of prostitution) RUFFIANS – RUFFIANS – brutal, violent, lawless If fenced and fenced and with prohibition of prohibition of entry If fenced and fenced and entered to hunt/fish If not fenced and fenced and with no prohibition of prohibition of entry

Trespass To Dwelling Attempted theft Vagrancy

P.D. 1653 - MENDICANCY

Persons Persons liable: 1. Mendicant Mendicant – Those with no visible and legal means of support, or lawful employment and physically able to work but neglects to apply himself to lawful calling and instead uses begging as means of living (higher penalty if convicted 2 or more times) 2. An y per so n wh o abet s men di can cy cy by giving alms on public roads, sidewalks, parks and bridges except if given through organized agencies operating under rules and regulations of Ministry of Public Information NOTE: Giving alms through organized agencies operating under the rules and regulations of the Ministry of Public Information is not a violation of the Mendicancy Law.

TITLE SEVEN CRIMES COMMITTED COMMITTED BY PUBL PUBLIC IC OFFICERS

Chapter One - PRELIMINARY PROVISIONS

ART. 203: WHO ARE PUBL IC OFFICERS OFFICERS Requisites: To be a public officer, one must be 1. Taking part in in the performance of public functions in the Government, or performing public duties as an employee, agent or subordinate official, of any rank or class, in the government or any of its branches; and 2. That his authority to take part in the performance of public functions or to perform public duties must be a. by direct provision of the law, or b. by popular election, or c. by appointment by competent authority. NOTES:  Public officers include every public servant from the lowest to the highest rank provided that they exercise public functions. A government laborer is not a public officer.  However, temporary performance by a laborer of public functions makes him a public officer. Malfeasance Misfeasance

Under R.A. 9344 persons 9344 persons below eig hteen (18) years of age shall be exempt from exempt from prosecution QuickTime™ and a TIFF (Uncompressed) decompressor for the crime of vagrancy and prostitution under are needed to see this picture. Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention of the Rights of the Child:

Nonfeasance

Doing of an act which a public officer should not have done Improper doing of an act which a person might lawfully do Failure of an agent to perform his undertaking for the principal

Misfeasance: 1. Knowingly rendering unjust judgment 2. Rendering judgment through negligence 3. Rendering unjust interlocutory order 4. Malicious delay in the administration of justice Nonfeasance: 1. dereliction of duty in prosecution of offenses

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2. betrayal of trust by an attorney or solicitor solicitor – revelation of secrets Malfeasance: 1. Direct bribery 2. Indirect bribery

Chapter Two - MALFEASANCE AND MISFEASANCE IN OFFICE

ART. 204: K NOWINGLY RENDERING RENDERING AN UNJUST JUDGMENT J UDGMENT Elements: 1. That the offender is a judge; 2. That he renders a judgment in in the case submitted to him for decision; 3. That the judgment is unjust; and 4. That the judge knows that the decision is unjust. NOTES:  A judgment is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding.  An unjust judgment is one which is contrary to law, or not supported by the evidence, or both. An un ju st ju dg men t may m ay r esu lt fr om : 1. error (w/ bad faith) 2. ill-will or revenge 3. bribery  



There must be evidence that the decision rendered is unjust. It is not presumed. Knowingly – deliberately or maliciously, maliciously, conscious and deliberate intent to do an injustice; (no liability if error in good faith) Abuse of discretion or mere error of judgment QuickTime™ and a cannot likewise serve as basis for rendering TIFF (Uncompressed) decompressor are needed to see this picture. an unjust judgment in the absence of proof or an allegation of bad faith (motive or improper consideration).

ART. 205: J UDGMENT RENDERED RENDERED THROUGH NEGLIGENCE Elements: 1. That the offender is a judge;

2.

That he renders judgment in a case submitted to him for decision; 3. That the judgment is manifestly unjust; manifestly unjust; and 4. That it is due to inexcusable negligence or ignorance. MANIFESTLY UNJUST JUDGMENT JUDGMENT – manifestly contrary to law that even a person having meager knowledge of law cannot doubt the injustice; not abuse of discretion or mere error of judgment

ART. 206: UNJUST INTERLOCUTORY ORDER Elements: 1. That the offender is a judge; judge; and 2. That he performs performs any any of the following acts: a. knowingly renders an unjust interlocutory order or decree, or b. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. INTERLOCUTORY ORDER ORDER - one issued by the court deciding a collateral or incidental matter; it is not a final determination of the issues of the action or proceeding

ART. 207: MA LICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE Elements: 1. That the offender is a judge; 2. That there is a proceeding in his his court; court; 3. That he delays the administration of justice; and 4. That the delay is is malicious, malicious, that that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. NOTE: Mere delay without malice is not punishable.

ART. 208: PROSECUTION OF OF OFFENSES; OFFENSES; NEGLIGENCE AND TOLERANCE Ac ts pu ni sh abl e: 1. By maliciously refraining from instituting prosecution against violators of the law 2. By maliciously maliciously tolerating tolerating the commission of offenses Page 110 of 174


b.

Dereliction Dereliction of dut y in the prosecution of o ffenses: Elements: 1. That the offender is is a public officer or officer officer of the law who has a duty to cause the prosecution of, or to prosecute offenses; 2. That there is dereliction dereliction of the duties of his office, that is, knowing the commission of the crime, he does not cause (a) the prosecution of the criminal (People vs. Rosales, G.R. no. 42648) 42648) or (b) knowing that a crime is about to be committed he tolerates its commission; (If gift/promise is a consideration for his conduct, crime is direct bribery.) bribery.) and 3. That the offender acts with malice malice and deliberate intent to favor the violator of the law. NOTES:  Prevaricacion means the negligence and tolerance in the prosecution of an offense.  There must must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. However, a fiscal is under no compulsion to file an information based upon a complaint if he is convinced that the evidence before him is insufficient to warrant filing an action in court.  The crime must be proved first before an officer can be convicted of dereliction of duty. “Maliciously” signifies deliberate evil intent; a  dereliction of duty caused by poor judgment or honest mistake is not punishable.  A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to prosecute him, is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not an accessory.  This article not applicable to revenue officers. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

ART. 209: B ETRAYAL OF TRUST TRUST BY AN ATTORNEY OR SOLICITOR SOLICITOR – REVELATION OF SECRETS Ac ts pu ni sh abl e: 1. Causing damage to client either a. by any malicious breach professional duty, or

of

by inexcusable negligence or ignorance. 2. Revealing any of the secrets secrets of his client learned by him in his professional capacity. Here, damage is not necessary. 3. Undertaking the defense of the the opposing party in the same case, without the consent st of his 1 client, after having undertaken the defense of a client or having received confidential information from said client.

ART. 210: DIRECT BRIBERY

Elements: 1. 2.

That the offender be a public officer; That the offender offender accepts an offer offer or promise or receives a gift or present by himself or through another; 3. That such offer or promise be accepted or gift/present received by the public officer (Mere agreement consummates the crime and delivery of consideration is not necessary) a. with a view to committing some crime; b. in consideration consideration of an execution execution of an act which does not constitute a crime, but the act must be unjust; (contemplates an accepted gift, and an overt act) c. to refrain from doing something something which is his official duty to do; (should not be a crime) 4. That the act which which the offender agrees to perform or which he executes be connected with the performance of his official duties. (need not be a statutory duty) NOTES:  For purposes of this article, temporary temporary performance of public functions is sufficient to constitute constitute a person a public public officer. officer. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him.  Applicable also to assessors, assessors, arbitrators, appraisal and claim commissioners, experts or any other person performing public duties.  This felony cannot be frustrated. It frustrated. It may only be attempted or consummated.

Bribery exists when the gift is: 1. voluntarily offered by a private person

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2. solicited by the public officer officer and voluntarily delivered by the private person 3. solicited by the public officer officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (Here, the crime by the giver is not corruption of public officials due to his involuntariness.)

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Actual receipt of the the gift is not necessary. necessary. An accepted offer or promise promise of a gift is sufficient. However, if the offer is not accepted, only the person offering the gift is liable for attempted corruption of corruption of a public officer. The gift gift must must have a value or be capable of pecuniary estimation. It could be in the form of money, property or services. If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty corresponding to the crime. The crime of bribery cannot be complexed with or absorbed by other crimes as the penalty for bribery is in addition addition to the penalties for those other crimes. The third type of bribery and prevaricacion (art 208) are similar offenses, both consisting of omissions to do an act required to be performed. In direct bribery however, a gift or promise is given in consideration of the omission. This element is not necessary in prevaricacion.

BRIBERY (210) When the victim has committed a crime and gives money/gift to avoid arrest or prosecution.

ROBB ERY (294) ROBBERY When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal property. Victim parts with his money Victim is deprived of or property voluntarily. his money or property by force or intimidation. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

ANTI-GRAFT AND CORRUPT CORRUPT PRACTICES ACT R.A. NO. 3019

Persons Persons Liable: 1. 1. Any public officer who shall perform any of the following acts: a. Persuading, inducing or influencing another public officer to perform an act constituting a violation violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. NOTE: Persuasion need not be successful. The gravamen of the offense is the persuasion. a. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for himself or for any other person in connection with any contract or transaction between the government government and any other party wherein the public officer in his official capacity has to intervene under the law. law . b. Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, license, in consideration for the help given or to be given. NOTE: If the act does not fall under b and c, then Art. 210, direct bribery, may apply. (Justice Peralta) d. Accepting or having any member of his family family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. NOTE: The act is mala prohibita. prohibita. Hence, the public official need not have even recommended the employment. (Justice Peralta) e. e. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial function through manifest partiality, manifest partiality, evident evident bad faith or gross inexcusable negligence. This Page 112 of 174


provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

Under the Code of Professional Conduct, the public officer MUST divest his interest.

NOTES:  The best defense is that the partiality was not manifest. That the partiality is manifest is a heavy burden on the prosecution. (Justice Peralta).  Another defense is the Ar ias do ct ri ne. ne . The defense applies in a case where the accused is an approving officer and is on trial for signing an unjust contract.  The defense is that the approving officer relied on the prior signatures of his subordinates and had no reason to suspect wrong-doing and was swamped with a lot of documents on that day that he signed. There is no attempted or frustrated stage of  the crime defined in Sec. 3(e) of R.A. No. 3019. f.

g.

Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. profit thereby. In determining whether the contract was manifestly and grossly disadvantageous, it is not merely consideration of the pecuniary amount involved. (Justice QuickTime™ and a TIFF (Uncompressed) decompressor Peralta) are needed to see this picture.

h. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, capacity, or in which he is prohibited by the constitution or by any law from having any interest.

i.

Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel, or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in participate in the action of the board, committee, panel or group.

j.

Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.

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Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.

2.

Any person having family family or close personal relation relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business, transaction, application, request, or contract with the government in which such public official has to intervene (Sec. 4)

3.

Any person who shall knowingly induce or induce or cause any public official to commit any of the offenses under (A). (A) . (Sec. 4)

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Spouse or any relative, relative, by consanguinity or rd affinity, within the 3 civil degree, of the President of the Philippines, the Vice-President, the President of the Senate, or Speaker of the House of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the government (Sec. 5). This prohibition shall no t apply to: 1. Any person who, prior prior to the assumption assumption of office of any of the above officials to whom he is related, has been already dealing with Page 113 of 174


the government along the same line of business; 2. Any transaction, contract or application already existing or pending at the time of such assumption of public office; 3. Any application application filed by him, the approval of which is not discretionary discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law; 4. Any act lawfully performed performed in an official capacity or in the exercise of a profession. 5.

Any member of Congress, Congress, during the term for which he has been elected, who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly particularly favored or benefited by any law or resolution authored by authored by him previously approved or adopted by Congress during his term.

6. Any public officer who who recommended the initiation in Congress of the enactment or adoption of any law or resolution and acquires or receives such interest during his incumbency. •

7.

Unlawful for such member of Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for 30 days after such approval to retain such interest.

Any public officer who who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and th thereafter on or before the 15 day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office (Sec. 7).

Prima Facie Evidence of and Dismissal Due to QuickTime™ and a Unexplained Wealth WeaTIFF lthare(Uncompressed) (Sec. (S ec. 8) decompressor needed to see this picture. 1. If a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. 2. Properties in in the name of the spouse and dependents of such public official may be taken into consideration, when their

acquisition through legitimate means cannot be satisfactorily shown. 3. Bank deposits deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently evidently out of proportion to legitimate income. NOTE: Competent court is the Sandiganbayan Sandiganbayan (Sec. 10). General Rule: Prescriptive period is 15 years (Sec. (Sec. 11). Exceptions: Unsolicited Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage, shall be excepted from the provisions of this act (Sec. 14). NOTES:  No public officer shall be allowed to resign or retire pending an investigation  Suspension while pending in court after valid information (cannot be automatic), and loss of benefits if convicted by final judgment; maximum duration of preventive suspension is 90 days; acquittal  reinstatement and salaries and benefits which he failed to receive  The courts are not bound bound by the statement of assets and liabilities filed. Penalty of forfeiture can be applied retroactively. 

ART. ART. 211: INDIRECT INDIRECT BRIBERY Elements: 1. That the offender is a public officer; 2. That he accepts gifts; and 3. That the said said gifts are offered to him him by reason of his office. NOTES:  The gift is given in anticipation of future favor from the public officer. There must be clear intention on the part of the  public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer.

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C riminal Law Summer Reviewer viewer ATENEO CENTRAL BAR OPERATIONS 2007  

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There is no attempted or frustrated indirect bribery. Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas, are liable under PD 46. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service.

Direct bribery Direct bribery

Indirect bribery

Officer agrees to perform or refrain from doing an act.

Not necessary necessary that the officer do an act.

bribery, and any corruption of public officials, provided that: that: 1. The information must refer to consummated violations of any of the above-mentioned provisions of law, rules and regulations 2. Information and testimony are necessary for the conviction of the accused public officer, not in possession of the State, and can be corroborated on its material points 3. Informant or witness has not been previously convicted of a crime involving moral turpitude 4. Immunity shall not attach should the the information and/or testimony is false and malicious or made only for the purpose of harassing, molesting or in any way prejudicing the public officer denounced

ARTICLE 211-A . QUALIFIED BRIBERY ELEMENTS: ELEMENTS: 1. That the offender is a a public officer entrusted with law with law enforc ement ement;; 2. That he refrains from arresting/ prosecuting offender for crime punishable by reclusion perpetua and/or death death (if lower penalty penalty than stated above, direct bribery is bribery is the crime); and 3. In consideration of any offer, promise or gift. gift .

Chapter Three – FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

ARTICLE 213. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILA R OFFENSES A. FRAUDS AGA INST PUBL PUBL IC TREASURY TREASURY

ARTICLE 212. CORRUPTION OF PUBLIC OFFICIALS ELEMENTS: ELEMENTS: 1. That the offender makes offers or promises or gives gifts or presents to a public officer ; and 2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery. QuickTime™ and a TIFF (Uncompressed) decompressor

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to see picture.gift The offender is the tare heneeded giver ofthisthe gift or the offeror of the promise. The act may or may not be accomplished. Bribery is usually proved by evidence acquired in entrapment Under PD 749, givers of bribes and other other gifts as well as accomplices in bribery and other graft cases are immune immune from prosecution if they voluntarily give any information information about any commission of direct, indirect, and qualified

ELEMENTS: 1. That the offender be a public officer ; 2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity; 3. That he entered into an agreement an agreement with with any interested party or speculator or made use of any other scheme scheme with regard to (a) furnishing supplies (b) the making of contracts, or (c) the adjustment or settlement of account relating to a public property or funds; funds ; and 4. That the accused had intent to defraud the government. •

The felony is consum mated by merely merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to scheme to defraud the Government.

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3. That he commits commits any of the frauds or deceits enumerated in art. 315 and 316. 316. (estafa, swindling)

B. ILL EGAL EXACTIONS EXACTIONS ELEMENTS: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts; and 2. That he is guilty guilty of any of the following acts or omissions; a. demanding, directly or indirectly the payment of sums different different from or larger than those authorized by law, or b. failing voluntarily to issue a receipt, receipt, as provided by law, for any sum of money collected by him officially, or c. collecting or receiving, receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different different from that provided by law. •

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Mere demand demand of a larger or different amount is sufficient to consummate consummate the crime. The essence is the improper collection collection and damage to the government is not required. If sums are received without demanding the same, a felony under this article is not committed. However, if the sum is given as a sort of gift or gratification, the crime is indirect bribery. When there is deceit decei t in demanding larger fees, the crime committed is estafa. This felony may be complexed with malversation. malversation. Ex. Ex . A tax collector who collected a sum larger than that authorized by law and spent all of them is guilty of two crimes, namely: (1) illegal exaction, for demanding a greater amount; and (2) malversation for misappropriating the amount collected. A public officer who has the duty to collect taxes is directly accountable to the Government for money he collected since such money acquires the character of a public fund. Officers and employees of the BIR or Customs are not covered by covered by QuickTime™ this article and a but by the NIRC TIFF (Uncompressed) decompressor or th e Administrative are needed Code. to see this picture.

ART. 214. OTHER FRAUDS FRAUDS ELEMENTS: ELEMENTS: 1. That the offender is a public officer ; 2. That he takes advantage of his official position; and

RTC RTC has jurisdiction over the offense because the principal penalty is disqualification.

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ARTICLE 215. PROHIBITED TRANSACTIONS ELEMENTS: 1. That the offender offender is an appointive public officer; 2. That he becomes interested , directly or indirectly, in any transaction of exchange or speculation; speculation ; 3. That the transaction takes takes place within within the territory territory subject to his jurisdiction ; and 4. That he becomes interested in the transaction during his incumbency. incumbency. Examples of transactions of exchange or speculation are buying and selling stocks, commodities, land, etc. wherein one hopes to take advantage of an expected e xpected rise or fall in price  for gain or profit and not merely as investment Purchasing of stocks or shares in a company is simple investment and not a violation of the article. However, regularly buying securities for resale is speculation. Appointive public officials should not devote devote himself to commerce

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ARTICLE 216. POSSESSION OF PROHIBITED PROHIBITED INTERESTS INTERESTS BY A PUBLIC PUBL IC OFFICER WHO ARE LIABLE: 1. Public officer who who became interested in any contract or business in which it is his official duty t o intervene. 2. Experts, arbitrators and private accountants who accountants who took part in any contract or transaction connected with the estate or property in the approval, distribution or adjudication of which they had acted. 3. Guardians and executors executors with respect to property belonging to their wards or the estate. • • •

Actual fraud is not necessary Intervention must be by virtue virtue of public office held Act is punished because of the the possibility possibility that fraud may be committed or that the officer

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may place his own interest interest above that of the Government or of the party which he represents. Constitutional prohibitions exist Congress: cannot personally appear as counsel, cannot be interested financially in any franchise or special privilege granted by government, cannot intervene in any matter before office of Goevrnment Executive – cannot hold any other office Constitutional Commission – cannot hold any other office, engage in practice of profession

AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER RA 7080

F. By taking undue advantage advantage of official position, authority, relationship, connection or influence to unjustly enrich enrich himself or themselves at the expense and to the damage or prejudice of the Filipino people and the Republic of Republic of the Philippines. PERSONS PERSONS LIABL E: A. Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates and subordinates or other persons, amasses, accumulates, or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under above in the aggregate amount or total value of at least 50 million pesos, pesos , shall be guilty of the crime of plunder (as amended by RA 7659). B. An y per so n wh o par ti ci pat ed with ed with the said public officer in the commission of plunder. JURISDICTION: JURISDICTION: Sandiganbayan.

DEFINITION OF ILL-GOTTEN WEALTH : Any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates, and/or business associates by any combination or series of the following means or similar schemes: A. Through misappropriation , conversion, misuse or malversation of public funds or raids on the public treasury. B. By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned; C. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries; QuickTime™ and a D. By obtaining, receiving or accepting, directly directly TIFF (Uncompressed) decompressor are needed to see this picture. or indirectly, any shares shares of stock, equity or any other form of interest or participation, including the promise of future employment in employment in any business enterprise or undertaking. E. By establishing agricultural, industrial or commercial monopolies monopolies or other combinations, and/or implementation of decrees and orders intended to benefit particular persons or s pecial interests; interests;

RULE OF EVIDENCE: For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act act done by the accused in furtherance of the scheme and conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. PRESCRIPTION: PRESCRIPTION : 20 years. years . However, the right of the State to recover prop erties unlawfully erties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches or estoppel. estoppel .

ESTRADA VS. SANDIGANBAYAN, GR NO. 148560, NOVEMBER 21, 2001 what is meant meant by “combination” and “series” of overt or crim inal acts under the plunder law? law ? When the plunder law speaks of “combination”, “combination ”, it is referring to at least two (2) acts falling under different categories of enumeration provided in sec. 1, par. (d). example: raids on the public treasury in sec. 1, par. (d), subpar. (1), and fraudulent conveyance of assets belonging to the national government under sec. 1 par. (d), subpar. (3). On the other hand, to constitute a “series” “series ” there must be two (2) or more overt or criminal acts falling under the same category of enumeration found in Page 117 of 174


a. Appropriated the funds or property b. Took or misappropriated them c. Consented or, through abandonment or negligence, permitted any other person to take such public funds or property.

sec. 1, par. (d), say, misappropriation, malversation and raids on the public treasury, all of which falls under sec. 1, par. (d), subpar. (1). verily, had the legislature intended a technical or distinctive meaning for “combination” and “series”, it would have taken greater pains in specially providing for it in the law. •

Joseph Ejercito Estrada vs. Sandiganbayan, G.R. No. 148560, Novem ber 21, 2001 is the crime of plunder malum in se or malum prohibitum? Plunder is a crime of malum in se because the constitutive crimes are mala in se. the elements of mens rea must be proven in a prosecution for plunder. moreover, any doubt as to whether the crime of plunder is malum in se must be deemed to have been resolved in the affirmative decision of congress in 1993 to include it among the heinous crimes punishable by reclusion perpetua to death. the legislative declaration in r.a. 7659 that plunder is a heinous offense implies that it is malum in se. for when the acts punished are inherently immoral or inherently wrong, they are mala in se and it does not matter that such acts are punished in a special law, especially since in the case of plunder the predicate crimes are mainly mala in se.

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Chapt er Fou r – MAL VER VERSATION SATION OF PUBLIC PUBLIC FUNDS OR PROPERTY •

ARTICLE 217. MAL VERSATION OF PUBLIC PUBL IC FUNDS OR PROPERTY ELEMENTS: 1. That the offender offender be a public officer (or private person if entrusted with public funds or if in connivance connivance with public QuickTime™ and a officers); TIFF (Uncompressed) decompressor are needed to see this picture. 2. That he had the custody or control of funds or property (if property (if not accountable for the funds, crime committed is theft or qualified theft); 3. That those funds or property were were public funds or property property (even if private funds, they become public if attached, seized, deposited or commingled with public funds); and 4. That he…

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It is not necessary that the offender profited by his malversation. His being remiss in the duty of safekeeping public funds violates the trust reposed. Public funds taken need not be misappropriated. Malversation is otherwise called embezzlement. It can be committed either with malice or through negligence negligence or imprudence (penalty is the same). In determining whether the offender is a public officer, what is controlling is the nature of his office and not the designation - contemplates public officer who receives money or property from government for which he is bound to account, must have authority to collect or receive The funds or property must be received in an official capacity. capacity . Otherwise, the crime committed is estafa. estafa. Government funds include revenue funds and trust funds. If funds or property property placed in custody of public officer, and they are accountable, such funds or property partake nature of a public fund. A public officer who has qualified charge of gov’t property without authority to part part with its physical possession upon order of an immediate superior cannot be held liable under this article. article. A qualified charge of properties does not qualify to possession contemplated in the crime of malversation where the possessor is only accountable to his immediate superior and not the government; his superior is the one accountable to the government Private individuals can also be held liable for malversation under 2 circumstances: 1. when they are in conspiracy with public officers; and 2. when they have charge charge of national, provincial or municipal funds, revenues or property in any capacity. In malversation through negligence, the negligence of the accountable public officer must be positively and clearly shown to be inexcusable, approximating fraud or malice. The measure of negligence to be observed is the standard of care commensurate with the occasion. Page 118 of 174


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When malversation is not committed through negligence, lack of criminal intent or good faith is a defense. The failure of a public public officer officer to have any duly forthcoming public funds or property upon demand, by any authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. use. However, if at the very moment when the shortage is discovered, the accountable officer is notified, and he immediately pays the amount from his pocket, the presumption does not arise. Returning the embezzled funds is not an exempting circumstance but circumstance but only mitigating mitigating.. There is also no malversation malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later, the missing amount is found in an unaccustomed place. A person whose negligence made possible the possible the commission of malversation by another can be held liable as a principal by indispensable cooperation. cooperation . Demand by or damage to the government are not necessary elements of the crime of malversation. MAL VERSATION (217)

Funds or property usually public Offender is usually a public officer who is accountable for the public funds/property

Crime is committed by appropriating, taking, or misappropriating/consentin g, or through abandonment or negligence, permitting any other person to take the public funds/property

ESTAFA WITH ABUSE AB USE OF CONFIDENCE (315) Funds/property are always private Offender is a private individual or even a public officer who is not accountable for accountable for public funds/property Crime is committed by misappropriating, converting, or denying having received money, received money, goods or other personal property

QuickTime™ and a Peopl e v. Hip ol , GR 1405 49, 7/22/03 7/22 /03 TIFF 140549, (Uncompressed) decompressor are needed to see this picture. The fact that the obligation to deposit the collections of the City Treasurer's Office is not covered by appellant's official job description is of no legal consequence in a prosecution for Malversation. What is essential is that appellant had custody or control of public funds by reason of the duties of his office.


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ARTICLE 219. FAIL URE OF A RESPONSIBL RESPONSIBL E PUBL IC OFFICER TO TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY ELEMENTS: 1. That the offender is a public officer ; 2. That he must be an accountable officer for public funds or property; and 3. That he must have unlawfully have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. The act of leaving leaving the Philippines must be unauthorized or not permitted by law. •

ARTICLE 220. ILL EGAL USE OF PUBLIC PUBL IC FUNDS OR PROPERTY ELEMENTS OF TECHNICAL MALVERSATION : 1. That the offender is a public officer ; 2. That there is public fund or property under his administration; his administration; 3. That such such public fund or property has been appropriated by law or ordinance ( ordinance (without without this, this , it is simple malversation) malversation ) ; and 4. That he applies the the same to a a public use other than for which such fund or property has been appropriated by law or ordinance. •

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ARTICLE 218. FAIL URE OF ACCOUNTAB ACCOUNTABLE LE OFFICER TO RENDER RENDER ACCOUNT FAIL URE OF ACCOUNTABL E OFFICER TO RENDER RENDER ACCOUNT

That the offender is a public officer , whether in the service or separated therefrom; 2. That he must be an accountable officer for public funds or property; 3. That he is required by law or regulation to render accounts accounts to the Commission on Audit, or to a provincial provincial auditor; and 4. That he fails to do so for a period of two months months after such accounts should be rendered. Demand and misappropriation are not necessary.

To distinguish this article article with Art 217 (malversation), in illegal use of public funds or property, the offender does not derive any personal gain, gain , the funds are merely devoted to some other publ ic use. Ab sen ce of dam age age is only a mitigating circumstance.

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ARTICLE 221. FAIL URE TO MAK MAK E DELIVERY OF PUBLIC PUBL IC FUNDS OR PROPERTY ACTS PUNISHED: PUNISHED: 1. By failing failing to make payment payment by a public officer who is under obligation to make such payment from Government funds in his possession 2. By refusing to make delivery delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration (must be malicious)

Chapt er Fiv e – INFIDELITY INFIDELITY OF PUBLIC OFFICERS

ARTICLE 223. CONNIVING WITH WITH OR CONSENTING TO EVASION ELEMENTS: 1.

That the offender is a public officer (on duty); 2. That he is is charged with the conveyance or custody of a prisoner , either detention prisoner or prisoner by final judgment; 3. That such prisoner escaped from his custody; and 4. That he was in connivance with the prisoner in the latter’s escape.

ELEMENTS: 1. That the public public officer officer has gov’t. funds or property in his possession his possession.. 2. That he is under obligation to obligation to either: a. make payment from such funds, or b. to deliver property in in his custody or administration when ordered by competent authority; and 3. That he maliciously fails or refuses refuses to do so. •

Penalty is based on value of funds/property to be delivered.

ARTICLE 222. OFFICERS INCLUDED INCLUDED IN THE PRECEDING PROVISIONS PERSONS LIABLE UNDER ART. 217 TO 221: 1. Private individual individual who, in any capacity, have charge charge of any national, provincial or municipal funds, revenue, or property. Example: Example: a withholding tax agent 2. Ad mi ni st rat or or dep os it ary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual. •

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Sheriffs and receivers fall under the term term “administrator” Judicial administrator administrator not covered by this QuickTime™ and a article.(Appointed to administer estate of TIFF (Uncompressed) decompressor are needed to see this picture. deceased and not in charge of property attached, impounded or placed in deposit by public authority) Private property is included included if itit is attached, seized or deposited by public authority.

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DETENTION PRISONER PRISONER - A person becomes a detention prisoner from the moment he is booked. booked . This refers to the accomplishment of the booking sheet and sheet and made to fill a form (sic) where he is finger printed. From that time time on, he is already a detention prisoner even even if he is not yet incarcerated incarcerated.” (ApostThe ol) The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty constitutes of infidelity. There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment.

ARTICLE 224. EVASION THROUGH NEGLIGENCE ELEMENTS: ELEMENTS: 1. That the offender is a public officer ; 2. That he is is charged with the conveyance or custody of a prisoner , either detention prisoner or prisoner by final judgment; and 3. That such such prisoner escapes through his negligence. NOTES: The article punishes a definite laxity laxity which amounts to deliberate deliberate non-performance of a duty. •

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The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford him complete exculpation. The liability of an escaping prisoner: a. if he is a prisoner by final judgment, judgment , he is liable for evasion of service (art 157) b. if he is a detention detention prisoner , he does not incur criminal liability (unless cooperating cooperating with the offender). The negligent public officer suffers the same penalty regardless of whether the prisoner is a convict or merely a detention prisoner.

ARTICLE 225. ESCAPE OF PRISONER PRISONER UNDER UNDER THE CUSTODY CUSTODY OF A PERSON NOT A PUB LIC OFFICER ELEMENTS: ELEMENTS: 1. That the offender is a private person; person ; 2. That the conveyance or custody of a prison er or person under arrest is arrest is confided to him; 3. That the prisoner prisoner or person under arrest escapes; escapes ; and 4. That the offender consents to consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence. negligence. •

NOTES: The document must be complete and complete and one by which a right right could be established or an obligation could be extinguished. Books, periodicals, pamphlets, etc. are not documents. “Papers” would include checks, promissory notes and paper money. A post office office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers. Removal of Removal of a document or paper must be for an illicit purpose. purpose. There is illicit purpose when the intention of the offender is to: a. tamper with it, b. to profit by it, or c. to commit commit any act constituting constituting a breach of trust in the official care thereof. Removal is consummated consummated upon removal or secreting away of the document from its usual place. It is immaterial whether or not the illicit purpose of the offender has been accomplished. accomplished. Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose. Delivering the document to the wrong party is infidelity in the custody thereof. The damage may either be great or small. The offender must be in custody of such documents because of his official capacity. •

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This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested.

ARTICLE 226. REMOVAL, CONCEAL MENT, OR DESTRUCTION OF DOCUMENTS ELEMENTS OF INFIDELITY IN CUSTODY OF DOCUMENTS: DOCUMENTS : 1. That the offender be a public officer ; 2. That he abstracts, destroys or conceals a QuickTime™ and a document or TIFFpapers; (Uncompressed) decompressor are needed to see this picture. 3. That the said document or paper should should have been entrusted to such public officer by reason of his office his office;; and 4. That damage, damage, whether serious or not, to a third party or to the public interest should have been caused.

ARTICLE 227. OFFICER BREAKING SEAL ELEMENTS: 1. That the offender is a public officer ; 2. That he is is charged with with the custody of papers or property; 3. That these papers or property are sealed by proper authority; authority ; and 4. That he breaks the seals or permits them permits them to be broken. •

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It is the breaking breaking of the seals and not the opening of opening of a closed envelope which is punished. Damage Damage or intent to cause damage is not necessary; damage necessary; damage is presumed. presumed. ARTICLE 228. OPENING OF CLOSED DOCUMENTS

ELEMENTS: 1. That the offender is a public officer ; Page 121 of 174


2. That any closed papers, documents, or objects are entrusted to his custody; custody; 3. That he opens or permits to be opened said closed papers, documents or objects; and 4. That he does not have proper authority. authority . Damage is not necessary.

Ar ti cl e 229. Revelat io n o f s ecr ets by an o ff ic er. ELEMENTS OF PAR. 1 (SECRETS KNOWN BY REASON OF HIS OFFICIAL CAPACITY): 1. That the offender is a public officer ; 2. That he knows of a secret by secret by reason of his official capacity; 3. That he reveals such reveals such secret without authority or justifiable reasons; and 4. That damage, damage, great or small, be caused to the public interest. Secret must affect public interest. Secrets of a private individual is not included. Espionage for the benefit of another State is not contemplated by the article. If regarding military secrets or secrets affecting state security, the crime may be espionage. ELEMENTS OF PAR. 2 (WRONGFULLY DELIVERING PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED): 1. That the offender is a public officer ; 2. That he has charge of papers; 3. That those papers should not be published; published; 4. That he delivers delivers those papers or copies thereof to a third person; 5. That the delivery is wrongful; wrongful ; and 6. That damage be damage be caused to public i nterest. 

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CHARGE CHARGE means custody or control. control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable under this article. If the papers contain secrets secrets which should QuickTime™ and a TIFF (Uncompressed) decompressor not be published, and the public officer are needed to see this picture. having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the other hand, if the papers do not contain secrets, secrets , their removal for an illicit purpose is infidelity in the custody of custody of documents. Damage is essent ial to ial to the act committed.

ARTICLE 230. PUBL IC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL.

ELEMENTS: 1. That the offender is a public officer ; 2. That he knows of the secret of a private individual by reason of his office; office; and 3. That he reveals reveals such secrets without authority or justifiable reason.  

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Revelation to one person is sufficient. If the offender is an attorney, he is properly liable under Art. 209 (betrayal of trust by an attorney). Damage Damage to private individual is no t necessary. necessary.

Chapter Six - OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

ARTICLE 231. OPEN DISOBEDIENCE. DISOBEDIENCE. ELEMENTS: 1. That the offender is a ju di ci al or exec ut ive iv e officer ; 2. That there is a ju dg men t, d eci si on or or der of superior authority; 3. That such judgment, decision or order was made within the scope of the jurisdiction the jurisdiction of the superior authority and issued with all the legal formalities; formalities ; and 4. That the offender without any legal justification openly refuses to execute execute the said judgment, decision or under which he is duty bound to obey. 

Judgment should have been rendered in a hearing and issued within proper jurisdiction and with all required legal solemnities.

ARTICLE 232. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER; OFFICER; WHEN SA ID ORDER WAS SUSPENDED BY INFERIOR OFFICER. ELEMENTS: 1. That the offender is a public officer ; 2. That an order is issued by his superior for execution; 3. That he has for any reason suspended the execution of such order;

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4. That his superior disapproves disapproves the suspension of the execution of the order; and 5. That the offender disobeys his superior despite the disapproval of the suspension. 

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A public officer is not liable liable if the order order of the superior is illegal.

ARTICLE 233. REFUSAL OF ASSISTANCE. ELEMENTS: 1. That the offender is a public officer ; 2. That a competent authority demands from demands from the offender that he lend his cooperation towards the administration of justice or other public service; and 3. That the offender fails to do so maliciously .    

This felony involves a request from one public officer to another. Damage to the public interest or third party is essential. Demand is Demand is necessary. Demand must be from competent authority

ARTICLE 234. REFUSAL TO DISCHARGE ELECTIVE OFFICE. ELEMENTS: 1. That the offender is elected by popular election to a public office; 2. That he refuses to be sworn in or discharge the duties of duties of said office; 3. That there is is no legal motive motive for such refusal to be sworn in or to discharge the duties of said office. 

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If the elected person person is disqualified, his refusal to be sworn in or to discharge the duties of the office is justified. Refusal to to discharge the duties of an appointive office is not covered covered by this article. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

That he maltreats such maltreats such prisoner in either of the following manners: a. by overdoing himself overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – i. by the imposition of punishments punishments not authorized by authorized by the regulations, or ii. by inflicting such punishments (those authorized) in a cruel and humiliating manner, or b. by maltreating such maltreating such prisoner to extort a confession confession or to obtain some information from the prisoner.

The public officer must have actual charge of the prisoner in order to be held liable (not merely by legal fiction) 1. Offended party: Convict Convict by final judgment or detention prisoner To be considered a detention prisoner,  the person arrested must be placed in jail even for just a short time.  Maltreatment not due to personal grudge. 2. Offender may also be held liable for physical injuries or damage caused. (Penalty provided in Article 235 is imposed in addition to penalty for injury or damage caused)

ARTICLE 236. ANTICIPATION OF DUTIES DUTIES OF A PUBLIC PUBL IC OFFICE.


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That the offender is entitled to hold a public office or employment, employment, either by election or appointment; That the law requires that he should first be sworn in and/or should first give a bond a bond;; That he assumes the performance performance of the duties and powers of such office; and That he has not taken his oath of office and/or given the bond required bond required by law.

ARTICLE 235. MAL TREATMENT OF PRISONERS. PRISONERS. ELEMENTS: 1. That the offender is a public officer or employee; 2. That he has charge of a prisoner or detention prisoner (otherwise (otherwise the crime is physical injuries); injuries ); and

ARTICLE 237. PROLONGING PERFORMANCE PERFORMANCE OF DUTIES AND POWERS.


That the offender is holding a public office; office;

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2. That the the period provided by law, regulations or special provisions for holding such office has already expired; expired; and 3. That he continues to exercise exercise the duties and powers of such office. The article contemplates officers who have been suspended, separated, declared over-aged or dismissed


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Ateneo 2007 Criminal Law (Book 2) Part 1.pdf

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