114 – Treason a) If the position was not only highly responsible

Filipino Citizen: Reclusion Perpetua to Death and 100,000 but also policy-determining – treason
Alien: reclusion temporal to death and 100,000
1. Offender is a Filipino citizen or an alien residing in the Membership in the police force during occupation is not treason; but
Philippines active participation with the enemies in the apprehension of
2. War in which the Philippines is involved guerrillas and infliction of ill-treatments make such member liable
3. Offender: for treason
a) Levies war against the government
b) Adheres to the enemies, giving them aid or When the arrest of persons alleged to have been guerrillas was
comfort caused by the accused due to their committing a common crime, like
arson, he is not liable for treason
No person shall be convicted of treason unless:
a) on the testimony of 2 witnesses at least to the “Enemies” applies only to the subjects of a foreign power in a state
same overt act (to prove the giving or aid or of hostility with the traitor’s country. It does not embrace rebels in
comfort only; not adherence) insurrection against their own country
b) on confession of the accused in open court
No treason thru negligence; it must be intentional
Allegiance – obligation of fidelity and obedience which the
individuals owe to the government under which they live or to their When killings and other common crimes are charged as overt acts of
sovereign, in return for the protection they receive treason, they cannot be regarded:
b) As separate crimes
Levying war requires concurrence of: c) Complexed with treason
a) An actual assembling of men But this rule would not preclude the punishment of murder or other
b) For the purpose of executing a treasonable design by common crimes as such, if the prosecution should elect to prosecute
force the culprit specifically of these crimes, instead of relying on them as
an element of treason
“Actual enlistment” is not “actual assembling”
Treason by Filipino citizen may be committed outside the Philippines
It is not necessary that there be a formal declaration of the existence
of a state of war; actual hostilities may determine the date of the Treason by an alien must be committed in the Philippines
commencement of war
Treason is a continuous offense
Levying of war must be with the intent to overthrow the
government; not merely to resist a statute or to repel an officer It is not required that their testimony de identical so long as they
could certainly point to the same over act
Levying of war must be in collaboration with a foreign enemy
It is sufficient that witnesses are uniform in their testimony on the
Adherence to enemy – means intent to betray; when a citizen overt act; it is not necessary that there be corroboration between
intellectually or emotionally favors the enemy and harbours them on the point they testified
sympathies or convictions disloyal to his country’s policy or interest
Adherence may be proved:
Aid or comfort – means an act which strengthens or tends to a) By one witness
strengthen the enemy in the conduct of war and an act which b) From the nature of the act itself
weakens or tends to weaken the power of the traitor’s country to c) From the circumstances surrounding the act
resist or to attack the enemy.
Cruelty and ignominy are the only aggravating circumstances
Adherence alone, without giving the enemy aid or comfort, does not allowed in treason
constitute treason
Defense of suspended allegiance and change of sovereignty, not
Aid or comfort must be given to the enemy by some kind of action accepted

GR: extent of aid or comfort given to enemies must be to render Duress and lawful obedience to a de facto government is a good
assistance to them as enemies and not merely as individuals and be defense in treason
directly in furtherance of the enemies’ hostile designs
Defense of loss of citizenship by joining the army of the enemy is not
It is not the degree of success, but rather, the aim for which the act considered
was perpetrated, that determines the commission of treason

Being a “Makapili” constitutes an overt act of psychological comfort

Acceptance of public office and discharge of official duties under the

enemy do not constitute per se treason:
115 – Conspiracy and Proposal to Commit Treason Commonwealth Act 616
conspiracy: prision mayor and 10,000 1. Unlawfully obtaining or permitting to be obtained
proposal: prision correccional and 5,000 information affecting national defense
conspiracy to commit treason: 2. Unlawful disclosing of information affecting national
1. War in which the Philippines is involved defense
2. There be 2 or more persons 3. Disloyal acts or words in the time of peace
3. They come to an agreement to: 4. Disloyal acts or words in the time of war
a) Levy war against the government 5. Conspiracy to violate preceding sections
b) Adhere to the enemies and give them 6. Harboring or concealing violators of law
aid or comfort
4. They decide to commit it 118 – Inciting to war or giving motive for reprisals
public officer or employee: reclusion temporal
proposal to commit treason: private individual: prision mayor
1. War in which the Philippines is involved 1. Offender performs unlawful or unauthorized acts
2. A person has decided to: 2. Such acts provoke or give occasion for a war
a) Levy war against the government involving or liable to involve the Philippines or
b) Adhere to the enemies and give them expose Filipino citizens to reprisals on their
aid or comfort persons or property
3. He proposes its execution to some other person
or persons Intention of the offender is immaterial

2-witness rule does not apply Committed in time of peace

116 – Misprision of Treason 119 – Violation of Neutrality

accessory to the crime of treason prision correccional
1. Offender must be owing allegiance to the 1. War in which the Philippines is not involved
government and not a foreigner 2. There is a regulation issued by competent
2. He has knowledge of any conspiracy to commit authority for the purpose of enforcing neutrality
treason against the government 3. Offender violates such regulation
3. He conceals or does not disclose and make
known the same as soon as possible to the 120 – Correspondence with hostile country
governor or fiscal of the province or the mayor or prision correccional - if correspondence has been
fiscal of the city in which he resides prohibited by the government
prision mayor – if correspondence be carried on in ciphers
Does not apply when the crime of treason is already committed by or conventional signs
someone and the accused does not report its commission to the reclusion temporal – if notice or information be given
proper authority thereby which might be useful to the enemy
reclusion temporal to death – if the offender intended to
Although the penalty is simply an accessory to that of treason, the aid the enemy by giving such notice or information
offender is however, a principal in the crime of treason. Art. 20 then 1. War in which the Philippines is involved
does not apply 2. Offender makes correspondence with an enemy
country or territory occupied by enemy troops
117 – Espionage 3. That the correspondence is either:
private individual: prision correccional a) Prohibited by the government
public officer or employee: penalty next higher in degree b) Carried on in ciphers or conventional signs
2 ways of committing espionage: c) Containing notice or information which
1. Offender enters a warship, fort, or naval or might be useful to the enemy
military establishment or reservation
2. He has no authority therefor Even if correspondence contains innocent matters, if the
3. His purpose is to obtain information, plans, correspondence has been prohibited by the government, it is
photographs or other data of a confidential punishable
nature relative to the defense of the
Philippines Prohibition by government is not essential in paragraphs 2 and 3
1. Offender is a public officer If the offender intended to aid the enemy by giving such notice or
2. He has in his possession the articles, data or information, the crime amounts to treason; hence, the penalty is the
information by the reason of the public same as that for treason
office he holds
3. He discloses their contents to a
representative of a foreign nation
It is not necessary that information is obtained under the first mode
of committing espionage

121 – Flight to enemy’s country

arresto mayor Piracy is a crime not only against any particular state but against all
1. War in which the Philippines is involved mankind. It may be punished in the competent tribunal of any
2. Offender must be owing allegiance to the country where the offender may be found or into which he may be
government carried.
3. Offender attempts to flee or got to enemy
country Any person who aids or protects pirates or abets the commission of
4. That going to enemy country is prohibited by piracy shall be considered as an accomplice
competent authority
Qualified piracy is a special complex crime punishable by reclusion
An alien resident may be guilty of flight to enemy country because perpetua to death, regardless of the number of victims
the allegiance contemplated is either natural or temporary

Mere attempt to flee or go to enemy country consummates the RA 6235

crime It shall be unlawful for any person to:
1. Compel a change in the course or destination of
122 – Piracy in general and mutiny on the high seas or in an aircraft of Philippine registry or to seize or
Philippine waters usurp the control thereof while it is in flight
reclusion perpetua 2. Compel an aircraft of foreign registry to land in
1. A vessel is on the high seas or in Philippine Philippine territory or to seize or usurp the
waters control thereof while it is within the said territory
2. Offenders are not members of its complement or 3. Ship, load or carry in any passenger aircraft
passengers of the vessel operating as a public utility within the
3. Offenders Philippines, any explosive, flammable, corrosive,
a) Attack or seize that vessel or poisonous substance or material
b) Seize the whole or part of the cargo of said
vessel, its equipment or personal belongings 124 – Arbitrary Detention
of its complement or passengers 1. arresto mayor maximum to prision correccional
 The crime is mutiny if perpetrated by the other in its minimum – detention has not exceeded 3
members of the complement or the passengers days
piracy mutiny 2. prision correccional medium and maximum –
persons who attack a vessel persons are members of the detention is more than 3 but not more than 15
or seize its cargo are crew or passengers days
strangers to that vessel 3. prision mayor – detention is more than 15 but
intent to gain is essential offenders may only intend not more than 6 months
to ignore the ship’s officers 4. reclusion temporal – detention is more than 6
or they may be prompted months
by a desire to commit 1. offender is a public officer or employee
plunder 2. he detains a person
3. detention is without legal grounds
Mutiny – is the unlawful resistance to a superior officer, or the
raising of commotions and disturbances on board a ship against the Public officer must be vested with authority to detain or order the
authority its commander detention of persons accused of a crime
o policemen and other agents of law, judges or
Piracy and mutiny is considered terrorism when a person who mayors, barangay captain or a municipal
commits an act punishable as piracy and mutiny thereby sowing and councillor
creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to If the crime is perpetrated by other public officers, the crime
an unlawful demand committed may be illegal detention, because they are acting in their
private capacity
123 – Qualified Piracy
reclusion perpetua to death Private individuals who conspired with public officers in detaining
1. Offender commits any act of piracy or mutiny certain policemen are guilty of arbitrary detention
2. They commit it under any of the following
circumstances: Detention – the actual confinement of a person in an enclosure, or in
a) Whenever they have seized a vessel by any manner detaining and depriving him of his liberty
boarding or firing upon the same
b) Whenever they have abandoned their Detention is without legal grounds:
victims without means of saving themselves 1. when he has not committed any crime or, at
c) Whenever the crime is accompanied by least, there is no reasonable ground for suspicion
murder, homicide, physical injuries or rape that he has committed a crime
Paragraph 1 applies only to pirates because the mutineers, being 2. when he is not suffering from violent insanity or
already in the vessel, cannot seize the vessel by boarding or firing any other ailment requiring compulsory
upon the same confinement in a hospital

Arrest without warrant is the usual cause of arbitrary detention

 Waiver of the provisions of Art. 125 – Before the complaint or
The legality of the detention of a person does not depend upon the information is filed, the person may ask for a preliminary
actual commission of a crime by him, but upon the nature of his investigation but he must sign a waiver of the provisions of article
deed when its characterization as a crime may reasonably be 125 in the presence of his counsel. Notwithstanding the waiver, he
inferred by the officer to whom the law at the moment leaves the may apply for bail and the investigation must be terminated within
decision for the urgent purpose of suspending the liberty of that 15 days from its inception
person.
Circumstances considered in determining liability of officer detaining
Arbitrary detention can be committed through imprudence a person beyond legal period:
a) The means of communication
125 – Delay in the delivery of detained persons to the b) Hour of arrest
proper judicial authorities c) Other circumstances such as the time of
surrender and the material possibility for the
1. Offender is a public officer or employee fiscal to make the investigation and file in time
2. He has detained a person for some legal ground the necessary information.
3. He fails to deliver such person to the proper
judicial authorities within: Violation of art. 125 does not affect legality of confinement under
a) 12 hours for crimes or offenses punishable process issued by a court
by light penalties or equivalent
b) 18 hours, for crimes or offenses punishable Fiscal not liable, unless he ordered the detention
by correctional penalties or their equivalent
c) 36 hours for crimes or offenses punishable 126 – Delaying Release
by afflictive or capital penalties, or their
equivalent 1. Offender is a public officer or employee
2. There is a judicial or executive order for the release of a
If the offender is a private person, the crime is illegal detention prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such
Art. 125 applies only when the arrest is made without warrant of person
arrest. But the arrest must be lawful. 3. Offender without good reason delays:
a) The service of the notice of such order to the prisoner
If the arrest is made with a warrant of arrest, the person arrested b) Performance of such judicial or executive order for
can be detained indefinitely until his case is decided by the court or the release of the prisoner
he posts a bail for his temporary release. c) Proceedings upon a petition for the release of such
person
When a person is lawfully arrested without a warrant involving an
offense which requires a preliminary investigation, the complaint o Wardens and jailers are the public officers most likely to commit this
information may be filed by the prosecutor without need of such crime
investigation provided an inquest has been conducted in accordance
with existing rules. In the absence or unavailability of an inquest 127 – Expulsion
prosecutor, the complaint may be filed by the offended party or a prision correccional
peace officer directly with the proper court on the basis of the 1. Offender is a public officer or employee
affidavit of the offended party or arresting officer or person 2. He expels any person from the Philippines, or compels a
person to change his residence
The delivery to the judicial authority of a person arrested without 3. Offender is not authorized to do so by law
warrant by a peace officer, does not consist in a physical delivery, but
in making an accusation or charge or filing of an information against Only the court by a final judgment can order a person to change his
the person arrested with the corresponding court or judge, whereby residence. This is illustrated in ejectment proceedings, expropriation
the latter acquires jurisdiction to issue an order of release or of proceedings and in the penalty of destierro
commitment of the prisoner, because the arresting officer cannot
transfer to the judge and the latter does not assume physical custody
of the person arrested.

Duty of the detaining officer is deemed complied with upon the filing
of the complaint with the judicial authority.

Judicial authorities – courts of justices or judges of said courts vested

with judicial power to order the temporary detention or
confinement of a person charged with having committed a public
offense
o Cannot be considered to include a fiscal

Where a judge is not available, the arresting officer is duty-bound to

release a detained person, if the maximum hours for detention
provided under art. 125 has already expired
128 – Violation of Domicile
prision correccional minimum 129 – abuse in the service of search warrants legally obtained
prision correccional medium and maximum if committed during arresto mayor maximum to prision correccional minimum and 1,000
nighttime or if any of the papers or effects not constituting evidence 1. offender is a public officer or employee
of a crime be not returned immediately after the search made by the 2. he has legally procured a search warrant
offender 3. he exceeds his authority or uses unnecessary severity in
Acts punishable: executing the same
1. By entering any dwelling against the will of the owner
thereof Officer liable if he seized things other than those stated in the
2. By searching papers or other effects found therein without warrant or if he destroys a furniture without any justification at all.
the previous consent of the owner
3. By refusing to leave the premises, after having Officer, if refused admittance, may break open any outer or inner
surreptitiously entered said dwelling and after having been door or window of a house or any part of a house or anything
required to leave the same therein to execute the warrant of liberate himself or any person
Elements Common: lawfully aiding him when unlawfully detained therein.
1. offender is a public officer or employee
2. he is not authorized by judicial order to enter the dwelling 130 – Searching Domicile without Witnesses
and/or make a search therein for papers or other effects arresto mayor medium and maximum
1. offender is a public officer or employee
If the offender is a private individual, the crime is trespass to 2. he is armed with search warrant legally procured
dwelling 3. he searches the domicile, papers or other belongings of
any person
A public officer or employee is authorized by judicial order when he 4. the owner, or any member of his family, or 2 witnesses
is armed with a search warrant duly issued by the court residing in the same locality are not present

If the entrance to dwelling is only without the consent and not Papers or other belongings must be in the dwelling of their owner at
against the will of the owner, the crime is not committed. the time the search was made

An officer, in order to make an arrest either by virtue of a warrant or It does not apply to searches of vehicles or other means of
without a warrant as provided in section 5, may break into any transportation, because the searches are not made in the dwelling
building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after 131 – Prohibition, interruption, and dissolution of peaceful meetings
announcing his authority and purpose prision correccional minimum
1. offender is a public officer or employee
Silence of the owner of the dwelling before and during search, 2. he performs any of the following:
without search warrant, by a public officer, may show implied waiver. a) without legal ground, by prohibiting, interrupting or
dissolving the holding of a peaceful meeting
128 is not applicable when an officer searched a person outside his b) by hindering any person from joining any lawful
dwelling without a search warrant and such person is not legally association or from attending any of its meetings
arrested for an offense, because the papers or other effects c) by prohibiting or hindering any person from
mentioned must be found in the dwelling. This is a case of grave addressing, either alone or together with others, any
coercion or unjust vexation. petition to the authorities for the correction of abuses
or redress of grievances
129 – Search Warrants maliciously obtained
arresto mayor maximum to prision correccional minimum and 1,000 If the offender is a private individual, the crime is disturbance of
1. offender is a public officer or employee public order
2. he procures a search warrant
3. there is no just cause There is no legal ground to prohibit the holding of a meeting when
the danger apprehended is not imminent and the evil to be
A search warrant may be issued for the search and seizure of the ff prevented is not a serious one.
personal property:
a) subject of the offense Offender must be stranger, not a participant, in the peaceful meeting
b) stolen or embezzled and other proceeds or fruits (unjust vexation if offender is a participant)
of the offense
c) used or intended to be used as the means of Interrupting and dissolving the meeting of municipal council by a
committing an offense public officer is a crime against a legislative body, not punished
under art. 131
Search warrant may be said to be procured without just cause when
it appears on the face of the affidavits filed in support of the The person talking on prohibited subject at public meeting contrary
application therefor, or through other evidence, that the applicant to agreement that no speaker should touch on politics may be
had every reason to believe that the search sough for was unjustified stopped.
But stopping the speaker who was attacking certain churches in
Whether the affidavit filed in support of the application has been public meeting is a violation of art. 131
drawn in such a manner that perjury could be charged and affiant be
held liable for damages caused.
132 – Interruption of religious worship
prision correccional minimum Those merely acting as couriers or spies for the rebels are also guilty
prision correccional medium and maximum if done with threat or of rebellion
violence
1. offender is a public officer or employee Purpose of the uprising must be shown
2. religious ceremonies or manifestations of any religion are
about to take place or are going on It is not necessary that the purpose of the rebellion be accomplished
3. offender prevents or disturbs the same
Rebellion Treason
Reading of Bible and then attacking certain churches in a public plaza levying war against the Levying was against government
is not a ceremony or manifestation of religion, but only a meeting of government would constitute during peace time for any
a religious sect treason when performed to aid purposes mentioned in art. 134
the enemy is rebellion
But the reading of some verses out of the Bible in a private house by always involves taking up arms may be committed by mere
a group of 10-20 persons, is a religious service against the government adherence to the enemy giving
him aid or comfort
133 – Offending the religious feelings
arresto mayor maximum to prision correccional minimum Giving aid or comfort is not criminal in rebellion
1. acts complained of were performed:
a) in a place devoted to religious worship Rebellion Subversion
b) during the celebration of any religious ceremony crime against national security crime against public order
2. acts must be notoriously offensive to the feelings of the
faithful 134A – Coup d’état
1. offender is a person or persons belonging to the military or
It is not necessary that there is a religious ceremony going on police or holding any public office or employment
2. it is committed by means of a swift attack accompanied by
Religious ceremony need not be celebrated in a place of worship violence, intimidation, threat, strategy or stealth
3. attack be directed against duly constituted authorities of
Religious ceremonies are those religious acts performed outside of a the Philippines, or an military camp or installation,
church, such as processions and special prayers for burying dead communication networks, public utilities or other facilities
persons needed for the exercise and continued possession of
power
“Act notoriously offensive to the feelings of the faithful” – acts must 4. purpose of the attack is to seize or diminish state power
be directed against religious practice or dogma or ritual for the
purpose of ridicule, as mocking or scoffing at or attempting to 135 – Penalty for rebellion, insurrection or coup d’état
damage an object of religious worship any person who promotes, maintains, or heads a rebellion or
insurrection shall suffer the penalty of reclusion perpetua
There must be deliberate intent to offend the feelings of the faithful
any person merely participating or executing the commands of
Offense to feelings is judged from complainant’s point of view others in rebellion or insurrection shall suffer the penalty of
reclusion temporal
134 – Rebellion or insurrection
1. that there be a public uprising and taking arms against the any person who leads or in any manner directs or commands others
government to undertake a coup d’état shall suffer the penalty of reclusion
2. that the purpose of the uprising or movement is either: perpetua
a) to remove from the allegiance to said government or
its laws: any person in the government service who participates, or executes
i. the territory of the Philippines or any part directions or commands of others in undertaking a coup d’état shall
thereof suffer the penalty of reclusion temporal maximum
ii. any body of land, naval or other armed forces
b) to deprive the Chief Executive or Congress, wholly or any person not in the government service who participates, or in any
partially, any of their powers or prerogatives manner supports, finances, abets or aids in undertaking a coup d’état
shall suffer the penalty of prision mayor maximum
rebellion insurrection
more frequently used where the more commonly employed in when the rebellion, insurrection, or coup d’état shall be under the
object of the movement is reference to a movement which command of unknown leaders, any person who in fact directed the
completely to overthrow and seeks merely to effect some others, spoke for them, signed receipts and other documents issued
supersede the existing change of minor importance, or in their name, or performed similar acts, on behalf of the rebels,
government to prevent the exercise of shall be deemed a leader of such rebellion, insurrection or coup
governmental authority with d’état.
respect to particular matters
Actual class of arms with the government forces, not necessary to Public officer must take active part to be liable; mere silence or
convict the accused who is in conspiracy with others actually taking omission not punishable in rebellion
arms against the government
It is not a defense in rebellion that the accused never took the oath it is not required that the person who proposes has
of allegiance to, or that they never recognized the government offender has decided to commit decided to commit rebellion
rebellion
Those who killed persons in pursuance of the movement to done publicly person who proposes the
overthrow the government are liable for rebellion only execution of the crime uses
secret means
There is no complex crime of rebellion with murder and other
common crimes In both proposal and inciting to commit rebellion, the crime of
rebellion should not be actually committed by persons to whom it is
Membership in a rebel organization does not automatically qualify proposed or who are incited. If they commit the rebellion because of
criminal acts as absorbed in rebellion the proposal or the inciting, the proponent or the one inciting
becomes a principal by inducement to the crime of rebellion
Killing, robbing, etc., for private purposes or profit, without any
political motivation, would be separately punished and would not be 139 - Sedition
absorbed in the rebellion. leader – prision mayor minimum and 10,000
participants – prision correccional maximum and 5,000
136 – Conspiracy and proposal to commit coup d’état, rebellion or 1. offenders rise publicly and tumultuously
insurrection 2. they employ force, intimidation, or other means outside of
conspiracy and proposal to commit coup d’état – prision mayor legal methods
minimum and 8,000 3. offenders employ any of those means to attain any of the
conspiracy to commit rebellion or insurrection – prision correccional following objects:
maximum and 5,000 a) to prevent the promulgation or execution of any law
proposal to commit rebellion or insurrection – prision correccional or the holding of any popular election
medium and 2,000 b) to prevent the national government or any provincial
conspiracy to commit rebellion or municipal government, or any public officer thereof
1. there be 2 or more persons from freely exercising its or his functions, or prevent
2. they come to an agreement to rise publicly and take up the execution of any administrative order
arms against the government for any of the purposes of c) to inflict any act of hate or revenge upon the person
rebellion or property of any public officer or employee
3. they decide to commit it d) to commit, for any political or social end, any act of
proposal to commit rebellion hate or revenge against private persons or any social
1. offender has decided to rise publicly and take arms against class
the government for any of the purposes of rebellion e) to despoil, for any political or social end, any person,
2. he proposes its execution to some other person or persons municipality or province, or the national government
of all its property or any part thereof
Organizing a group of soldiers, soliciting membership in, and
soliciting funds from the people for, the organization, show Tumultuous – if caused by more than 3 persons who are armed or
conspiracy to overthrow the government provided with means of violence

137 – disloyalty of public officers or employees The ultimate end of sedition is a violation of the public peace or at
prision correccional minimum least such a course of measures as evidently endangers it
1. offender is a public officer or employee
2. existence of rebellion by other persons What distinguishes sedition from rebellion is the object or purpose
3. he must not be in conspiracy with the rebels of the uprising
4. offender does any of the following:
a) failing to resist a rebellion by all means in their power Common crimes are not absorbed in sedition; they are separately
b) by continuing to discharge the duties of their offices punished
under the control of the rebels
c) accepting an appointment to office under them rebellion sedition
there must be taking of arms it is sufficient that the public
138 – Inciting to rebellion or insurrection against the government uprising be tumultuous
prision mayor minimum purpose is always political purpose may be political or
1. offender does not take arms or is not in open hostility social
against the government
2. he incites others to the execution of any of the acts or sedition treason
rebellion raising of commotions or violation by a subject of his
3. the inciting is done by means of speeches, proclamations, disturbances in the state allegiance to his sovereign
writings, emblems, banners or other representations
tending to the same end

inciting to rebellion proposal to commit rebellion 141 – conspiracy to commit sedition

offender induces another to offender induces another to prision correccional medium and 2,000
commit rebellion commit rebellion 1. there be 2 or more persons
 2. they come to an agreement to rise publicly and 1. There be a projected or actual meeting of the national
tumultuously to attain any of the objects of sedition assembly or any of its committees or subcommittees,
3. they decide to commit it constitutional committees or divisions thereof, or of any
provincial board or city or municipal council or board
Should there be more than 3 persons in a conspiracy since to rise 2. Offender who may be any person prevent such meeting by
tumultuously requires the presence of more than 3 persons? force or fraud

There is no proposal to commit sedition 144 – Disturbance of proceedings

arresto mayor or 200-1000
142 – Inciting to sedition 1. There be a meeting of the national assembly or any of its
prision correccional maximum and 2,000 committees or subcommittees, constitutional committees
1. offender does not take part in the crime of rebellion or divisions thereof, or of any provincial board or city or
2. he incites others to the accomplishment of any of the acts municipal council or board
which constitute sedition 2. Offender does any of the following acts:
3. Inciting is done by means of speeches, proclamations, a) Disturbs any of such meetings
writings, emblems, cartoons, banners, or other b) Behaves while in the presence of any such bodies in
representations tending to the same end. such a manner as to interrupt its proceedings or to
acts punishable: impair the respect due to it
a) Inciting others to the accomplishment of any of the acts
which constitute sedition by means of speeches, One who disturbs the proceedings of the national assembly may also
proclamations, emblems, writings, etc. be punished for contempt by the assembly
b) Uttering seditious words or speeches which tend to disturb
the public peace 145 – violation of parliamentary immunity
c) Writing, publishing, or circulating scurrilous libels against prision mayor – offender prevents any member of the national
the government or any of the duly constituted authorities assembly from attending, expressing his views, or casting his vote
thereof, which tend to disturb the public peace prision correccional – offender arrests a member while congress is in
session
When the words uttered or speeches delivered or scurrilous libels 1. Offender uses force, intimidation, threats or fraud
published have the tendency to disturb any lawful officer in 2. That the purpose of the offender is to prevent any member
executing the functions of office, etc., it is not necessary, to of the national assembly from:
constitute a violation of art. 142, that the purpose of the offender is a) Attending the meetings of the assembly or of any of
to accomplish any of the objects of sedition its committees, etc.
b) Expressing his opinions
It is not inciting to sedition when it is not proved that the defendant c) Casting his vote
incited the people to rise publicly and tumultuously in order to attain 1. Offender is a public officer or employee
any of the ends mentioned in art. 139 2. He arrests or searches any member of the national
assembly
It is not necessary, on order to be seditious, that the words used 3. That the assembly is in regular or special session
should in fact result in a rising of the people against the constituted 4. That the member arrested or searched has not committed
authorities. The law is not aimed merely at actual disturbance, as its a crime punishable by a penalty of prision mayor or higher
purpose is also to punish utterances which may endanger public
safety It is not necessary that a member of the assembly is actually
prevented from attending the meeting. It is sufficient that the
Scurrilous means low, vulgar, mean or foul offender has the purpose to prevent him.

Uttering seditious words or speeches and writing, publishing or Parliamentary immunity does not protect members of the national
circulating scurrilous libels are punishable when: assembly from responsibility before the legislative body itself
a) They tend to disturb or obstruct any lawful officer in
executing the functions of his office
b) They tend to instigate others to cabal and meet together
for some unlawful purpose
c) They suggest or incite rebellious conspiracies or riots
d) They lead to stir up the people against the lawful
authorities or to disturb the peace of the community, the
safety and order of the government
A theatrical play or drama where words uttered or speeches
delivered are seditious may be punished under art. 142

Knowingly concealing such evil practices is ordinarily an act of the

accessory after the fact, but under this provision, the act is treated
and punished as that of the principal
146 – Illegal assemblies
143 – acts tending to prevent the meeting of the Assembly and organizers – prision correccional maximum to prision mayor medium
similar bodies participants – arresto mayor
prision correccional or 200-2,000 or both
armed participants – prision correccional employee, or when offender lays hands upon a person in authority
1. There is a meeting, a gathering or group of persons, 1. offender employs force or intimidation
whether in a fixed place or moving 2. aim of the offender is to attain any of the purposes of the
2. Meeting is attended by armed persons crime of rebellion or any of the objects in the crime of
3. Purpose of the meeting is to commit any of the crimes sedition
punishable under the code 3. there is no public uprising
1. There is a meeting, a gathering or group of persons, 1. offender:
whether in a fixed place or moving a) makes an attack
2. The audience, whether armed or not, is incited to the b) employs force
commission of the crime of treason, rebellion or c) makes a serious intimidation
insurrection, sedition or direct assault d) makes a serious resistance
2. person assaulted is a person in authority or his agent
The persons present at the meeting must be armed in the first form 3. that at the time of the assault the person in authority or
of illegal assembly but not all of them must be armed. A good his agent
number must be armed. a) is engaged in the actual performance of official duties,
b) or that he is assaulted by reason of the past
Persons merely present at the meeting must have a common intent performance of official duties
to commit the felony of illegal assembly. Absence of such intent may 4. offender knows that the one he is assaulting is a person in
exempt the person from criminal liability authority or his agent in the exercise of his duties
5. there is no public uprising
If a person happens to be present at an illegal assembly out of
curiosity, he is not liable If the offended party is only an agent of a person in authority, the
force employed must be of a serious character as to indicate
If any person present at the meeting carries an unlicensed firearm: determination to defy the law and its representatives at all hazards
1. It is presumed that the purpose of the meeting insofar as
he is concerned, is to commit acts punishable under the Hitting a policeman in the breast with a fist is not direct assault
code
2. He is considered a leader or organizer of the meeting Pushing a policeman and giving him fist blows without hitting him is
not direct assault because aggression should not be considered as an
147 – Illegal Associations assault but merely as resistance to an agent of a person in authority
founder, director, presidents – prision correccional minimum and
medium and 1,000 When the force employed on the agent of a person in authority is of
members – arresto mayor a serious character, including determination to defy the law and its
1. Associations totally or partially organized for the purpose representative the crime committed is direct assault.
of committing any of the crimes punishable under the code
2. Associations totally or partially organized for some purpose Force employed need not be serious when the offended party is a
contrary to public morals person in authority

illegal association illegal assembly Intimidation or resistance must be serious whether the offended
not necessary that there be an necessary that there is an actual party is an agent only or he is a person in authority
actual meeting meeting or assembly
it is the act of forming or it is the meeting and attendance Resistance must be active; when one who is placed under arrest
organizing and membership in at such meeting that are throws himself on the ground and the resistance makes it necessary
the association that are punished to raise him up or drag him along jail, is passive resistance.
punished
persons liable are: persons liable are: Serious resistance:
1. Founders, directors 1. organizers When the policeman was about to arrest the accused, the latter said:
and president 2. persons present at the “don’t come near, because I will take your life.” As the policeman
2. members meeting was approaching him, accused struck him with a knife but was not
hit

Serious intimidation:
Pointing a gun at a military police captain

Intimidation must produce its effects immediately, for if the threats

be of some future evil, the act would not be an assault.

Person in authority Agent of a person in authority

148 – Direct Assaults
Any person directly vested with one who, by direct provision of
prision correccional minimum and 500
jurisdiction. Whether as an law or by election or by
prision correccional medium and maximum and 1,000 – when
individual or as a member of appointment by competent
assault is committed with weapon, or offender is a public officer or
some court or governmental authority, is charged with the
corporation, board, or maintenance of public order and There can be no assault upon or disobedience to one authority by
commission the protection and security of another when they both contend in the exercise of their respective
life and property duties
1. division 1. Barrio councilman
superintendent of 2. Barrio policeman Accused must have the intention to offend, injure, or assault the
schools 3. Barangay leader offended party as a person in authority or agent of authority.
2. teachers 4. Any person who comes
3. director of posts to the aid of persons in Crime of slight physical injuries is absorbed in direct assault as the
authority same is the necessary consequence of the force or violence inherent
5. Policeman in all kinds of assault
6. Municipal treasurer
7. Postmaster 149 – Indirect Assaults
8. Sheriff prision correccional minimum and medium and 500
9. BIR agents 1. A person in authority or his agent is the victim of any of the
10. Malacanang forms of direct assault defined in Art. 148
confidential agent 2. A person comes to the aid of such authority or his agent
11. Barangay chief tanod 3. Offender makes use of force or intimidation upon such
person coming to the aid of the authority or his agent
In applying the provisions of articles 148 and 151, teachers,
professors and persons charged with the supervision of public or Indirect assault can be committed only when a direct assault is also
duly recognized private schools, colleges and universities, and committed
lawyers in the actual performance of their professional duties or on
the occasion of such performance shall be deemed person in 150 – Disobedience to the summons issued by the National
authority. Assembly, its committees or subcommittees, by the constitutional
commissions, its committees, subcommittees or divisions.
For other purposes, such as to increase the penalty by reason of arresto mayor or 200-1,000 or both
aggravating circumstances where a person in authority is involved, acts punishable:
the teachers and professors are not person in authority. a) By refusing, without legal excuse, to obey summons of the
national assembly, ...
The status as a person in authority being a matter of law, ignorance b) By refusing to be sworn or placed under affirmation while
thereof is not an excuse. being before such legislative or constitutional body or
official
Functions of the person in authority or his agent must be clearly c) Refusing to answer any legal inquiry or to produce any
shown in the information books, papers, documents, or records in his possession,
when required by them to do so in the exercise of their
A teacher who goes out of his classroom to talk to a person on functions
matters not related to the school or his duties is not engaged in the d) By restraining another from attending as a witness, in such
performance of his official duties legislative or constitutional body
e) By inducing disobedience to a summons or refusal to be
When the persons in authority or their agents descended to matters worn by any such body or official
which are private in nature an attack made by one against the other
is not direct assault Only disobedience without legal excuse if punishable

The scope of the respective powers of public officers and their Art. 150 may not apply when the papers or documents may be used
agents is fixed. If they go beyond it and they violate any recognized in evidence against the owner thereof, because it would be
rights of the citizens, then the latter may resist the invasion, equivalent to compelling him to be witness against himself
especially when it is clear and manifest. The resistance must not be
coextensive with the excess, and should not be greater than what is The testimony of the person summoned must be upon matters
necessary to repel the aggression. which the national assembly has jurisdiction to inquire. It should be
“in aid of legislation” not investigation
When an agent of a person in authority agrees to fight, he does not
lose is status Any of the acts punished by art.150 may also constitute contempt of
the national assembly
When a person in authority or his agent is the one who provokes and
attacks another person, the latter is entitled to defend himself Any action not amounting to a release of a prisoner committed by
the senate to prision, taken by the executive or judicial department
A person in authority or his agent who exceeds his power or acts with respect to such prisoner in the legitimate discharge of its
without authority, is not in the exercise of the functions of his office functions, is not impairment of the doctrine of the distribution of
governmental powers.
An assault upon a person in authority may be committed by another
person in authority as art. 148 makes it an aggravating circumstance
when the offender is a public officer or employee 151 – resistance and disobedience to a person in authority or the
agents of such person
arresto mayor and 500
arresto menor or 10-100 if disobedience is not of a serious nature 153 – Tumults and other disturbance of public order
Resistance and Disobedience arresto mayor medium to prision correccional minimum and 1,000
1. That a person in authority or his agent is engaged in the penalty next higher in degree - if disturbance is of a tumultuous
performance of official duty or gives a lawful order to the character
offender arresto mayor – make an outcry tending to incite rebellion or
2. Offender resists or seriously disobeys such person in sedition
authority or his agent arresto menor and 200 – bury with pomp the body of a dead person
3. Act of offender is not included in the provisions of arts. who was been legally executed
148, 149, and 150 acts punishable:
Simple Disobedience a) Causing any serious disturbance in a public place, office or
1. An agent of a person in authority is engaged in the establishment
performance of official duty or gives a lawful order to the b) Interrupting or disturbing performances, functions or
offender gatherings, or peaceful meetings, if the act is not included
2. Offender disobeys such agent of a person in authority in arts. 131 and 132
3. Such disobedience is not of a serious nature c) Making an outcry tending to incite rebellion or sedition in
any meeting, association or public place
Act must be a failure to comply with orders directly issued by the d) Burying with pomp the body of a person who has been
authorities in the exercise of their functions. legally executed

Failure to comply with legal provisions of a general character or with Serious disturbance must be planned or intended
judicial decisions merely declaratory of rights or obligations, or
violations of prohibitory decisions do not constitute the crime of If the act of disturbing or interrupting a meeting or religious
disobedience to the authorities ceremony is not committed by public officers, or if committed by
public officers they are participants therein, art. 153 should be
The accused must have knowledge that a person arresting him is a applied
peace officer
Outcry means to shout subversive or provocative words tending to
When the accused struck the policeman on the breast with a fist stir up the people to obtain by means of force or violence any of the
when the latter was arresting him, is an example of resistance and objects of rebellion or sedition.
serious disobedience
For an outcry or the displaying of emblems or placards to constitute
In simple disobedience, the offended must simply be an agent of a inciting to commit rebellion or sedition, it is necessary that the
person in authority offenders should have done the act with the aforethought of
inducing his hearers or readers to commit the crime of rebellion or
The act of lying on the rod and refusing, despite the order of the PC sedition.
major, to get out therefrom is an example of simple disobedience
But if the outcry is more or less unconscious outburst which,
If the disobedience to an agent of a person in authority is of a although rebellious or seditious in nature, it is not intentionally
serious nature, the offender should be punished under the first calculated to induce others to commit rebellion or sedition, it is only
paragraph of art. 151 public disorder.

DIRECT ASSAULT RESISTANCE OR SERIOUS The disturbance shall be deemed to be tumultuous if caused by
DISOBEDIENCE more than 3 persons who are armed of provided with means of
person in authority or his agent person in authority or his agent violence
must be engaged in the must be in the actual
performance of official duties or performance of their duties
that he is assaulted by reason
thereof
direct assault 2nd form is committed only by resisting or
committed in 4 ways: seriously disobeying
a) Attacking
b) Employing force
c) Seriously intimidating
d) Seriously resisting
there is force employed and it there is force employed but it is
must be serious and deliberate not serious, as there is no
manifest intention to defy the
law and the officers enforcing it
but when one resisted is a if no force is employed by the
person in authority, the use of offender in resisting or
any kind of degree of force will disobeying a person in authority
give rise to direct assault
When the attack or employment of force is not deliberate, the crime 154 – unlawful use of means of publication and unlawful utterances
is only resistance or disobedience arresto mayor and 200-1,000
acts punishable:
 a) By publishing or causing to be published, by means of The guard of the jail, who is off-duty, may be held liable for
printing, lithography or any other means of publication, as delivering prisoner from jail
news any false news which may endanger the public order,
or cause damage to the interest or credit of the state But if the crime committed by the prisoner for which he is confined
b) Be encouraging disobedience to the law or to the or serving sentence is treason, murder, or parricide, that act of
constituted authorities or by praising, justifying or extolling taking the place of the prisoner in the prison is that of an accessory
any act punished by law, by the same means or by words, and he may be held liable as such, because he assists in the escape
utterances or speeches of the principal (Art. 19, par. 3)
c) By maliciously publishing or causing to be published nay
official resolution or document without proper authority, 157 – Evasion of service of sentence
or before they have been published officially prision correccional medium and maximum
d) By printing, publishing or distributing (or causing the same) prision correccional maximum if escape is done by means of scaling,
books, pamphlets, periodicals, or leaflets which do not breaking doors, windows, gates, roofs, or floors, or by using
bear the real printer’s name, or which are classified as picklocks, false keys, disguise, deceit, violence or intimidation, or
anonymous connivance
1. Offender is a convict by final judgment
It is not necessary that the publication of the false news actually 2. He is serving his sentence which consist in deprivation of
caused public disorder or caused damage to the interest or credit of liberty
the state. The mere possibility of causing such danger or damage is 3. He evades the service of his sentence by escaping during
sufficient the term of his sentence

Offender must know that the news is false Not applicable to sentence executed by deportation

155 – Alarms and Scandals Art. 157 is applicable to sentence of destierro

arresto menor or 200
acts punishable: 158 – Evasion of service of sentence on the occasion of disorders,
a) Discharging any firearm, rocket, firecracker, or other conflagrations, earthquakes, or other calamities.
explosive within any town or public place, which produces increase of 1/5 of the time still remaining to be served under the
alarm or danger original sentence, which in no case shall exceed six months
b) Instigating or taking an active part in any charivari or other 1. Offender is a convict by final judgment, who is confined in
disorderly meeting offensive to another or prejudicial to a penal institution
public tranquillity 2. There is a disorder resulting from:
c) Disturbing the public peace while wandering about at night a) Conflagration
or while engaged in any other nocturnal amusements b) Earthquake
d) Causing any disturbance or scandal in public places while c) Explosion
intoxicated or otherwise, provided art. 153 is not d) Similar catastrophe
applicable e) Mutiny in which he has not participated
3. Offender evades the service of his sentence by leaving the
Discharge of the firearm should not be aimed at a person. penal institution where he is confined, on the occasion of
Otherwise, the offense would fall under art. 254, punishing discharge such disorder or during the mutiny
of firearm. 4. Offender fails to give himself up to the authorities within
48 hours following the issuance of a proclamation by the
Charivari includes a medley of discordant voices, a mock serenade Chief Executive announcing the passing away of such
of discordant noises made on kettles, tins, horns, etc., designed to calamity
annoy or insult
What is punished is not the leaving of the penal institution, but the
If the disturbance is of a serious nature, the case will fall under art. failure of the convict to give himself up to the authorities within 48
153 hours after proclamation

156 – Delivering prisoners from jail If the offender gives himself up, he is entitled to a deduction of 1/5
arresto mayor maximum to prision correccional minimum – by of his sentence
means of violence, intimidation or bribery
arresto mayor – other means are used Mutiny in this article implies an organized unlawful resistance to a
1. There is a person confined in a jail or penal establishment superior officer; a sedition; a revolt
2. Offender removes therefrom such person, or helps the
escape of such person There is no mutiny if the prisoners disarmed the guards and escaped,
because the guards are not their superior officers.
Prisoner may be under detention only

Hospital or asylum considered extension of jail or prison

If the offender is a public officer who had the prisoner in his custody
or charge, he is liable for infidelity in the custody of a prisoner (art. 159 – violation of conditional pardon
233) prision correccional minimum
if the penalty remitted by the pardon be higher than 6 years, convict
shall then suffer the unexpired portion of his original sentence another person
1. Offender was a convict 2. That the offender knew of the counterfeiting or forgery
2. He was granted a conditional pardon by the Chief Executive 3. That he used the counterfeit seal or forged signature or
3. He violated any of the conditions of such pardon stamp

Offender must be found guilty of subsequent offense before he The offender should not be the forger. Otherwise, he will be liable
could be prosecuted under art. 159 under art. 161

Under no circumstance may the penalty for the violation of 163 – making and importing and uttering false coins
conditional pardon be destierro prision mayor minimum and medium and 10,000 – silver coin or 10
centavo denomination or above
President has the specific power to authorize the arrest and prision correccional minimum and medium and 2,000 – any minor
reincarceration of any convicted person granted pardon who, in his coinage or below 10 centavo denomination
judgment, shall fail to comply with the condition or conditions of his prision correccional minimum and 1,000 – currency of a foreign
pardon or parole. country
1. That there be false or counterfeited coins
Period when convicted was at liberty, no deducted in case he is 2. Offender either made, imported or uttered such coins
recommitted. 3. In case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importers
Duration of the conditions subsequent is limited to the remaining
period of the sentence There must be an imitation of the peculiar design of a genuine coin

160 – Quasi-recidivism Importation is complete before entry at the Customs House

maximum period of the penalty prescribed by law for the new felony
1. Offender was already convicted by final judgment of one To utter is to pass counterfeited coins. It includes their delivery or
offense that act of giving them away. A counterfeited coin is uttered when it
2. He committed a new felony before beginning to serve such is paid, when the offender is caught counting the counterfeited coins
sentence or while serving the same preparatory to the act of delivering them, even though the utterer
may not obtain the gain he intended. Hence, damage to another is
Second crime must be a felony; special law not included not necessary.

But the first crime for which the offender is serving sentence need Former coins withdrawn from circulation may be counterfeited
not be a felony under art. 163. This includes foreign coins which have gone out of
circulation.
Quasi-recidivism cannot be offset by ordinary mitigating
circumstances 164 – mutilation of coins
prision correccional minimum and 2,000
A quasi-recidivist may be pardoned at the age of 70 years if he has acts punishable:
already served our his original sentence, or when he shall complete a) Mutilating coins of legal currency, with the further
it after reaching the said age, unless by reason of his conduct or requirement that there be intent to damage or defraud
other circumstances, he shall not be worthy of such clemency another.
b) Importing or uttering such mutilated coins, with the
But only a convict who is not a habitual criminal shall be pardoned further requirement that there be connivance with the
mutilator or importer in case of uttering.
161 – counterfeiting the great seal of the government, forging the
signature or stamp of the Chief Executive Mutilation means to take off part of the metal either by filing it or
reclusion temporal substituting it for another metal of inferior quality
Acts Punishable:
1. Forging the Great Seal of the government of the The coin must be of legal tender in mutilation
Philippines
2. Forging the signature of the President Coins of foreign country not included
3. Forging the stamp of the President

If the President left with his secretary a signature in blank, and a

document is written above it, the crime committed is not covered by
art. 161. The one applicable is 171 or 172

162 – using forged signature or counterfeit seal or stamp 165 – selling of false or mutilated coin, without connivance
prision mayor penalty lower by one degree than that prescribed in said articles
1. That the great seal of the Philippines was counterfeited or 1. Possession
the signature or stamp the chief executive was forged by 2. With intent to utter
 3. Knowledge 1. That there be an instrument payable to order or other
1. Actually uttering document of credit not payable to bearer
2. Knowledge 2. That the offender either forged, imported or uttered such
instrument
Possession or uttering false coin does not require that the 3. That in case of uttering, he connived with the forger or
counterfeited coin is legal tender importer

But if the coin being uttered or possessed with intent to utter is a The instrument is payable to order where it is drawn payable to the
mutilated coin, it must be legal tender coin, because of Art. 164 to order of a specified person or to him or his order. It is negotiated by
which Art. 165 is related. indorsement and delivery

Constructive possession included It includes instruments or documents of credit issued by a foreign

government or bank because the act punished includes that of
If the false or mutilated coins are found in the possession of the importing, without specifying the country or government issuing
counterfeiters, or mutilators, or importers, such possession does not them
constitute a separate offense, but is identified with the
counterfeiting or mutilation or importation. The falsification of US treasury warrants not payable to bearer is
punished under art. 172, not 167
166 – forging treasury or bank notes or other documents payable to
bearer; importing and uttering such false or forged notes and Connivance is not required in uttering if the utterer is the forger
documents
reclusion temporal minimum and 10,000 – if document is an 168 – illegal possession and use of false treasury or bank notes and
obligation or security of the Philippines other instruments of credit
prision mayor maximum and 5,000 – document is a circulating note the penalty next lower in degree than that prescribed in said articles
issued by any banking association duly authorized by law to issue the 1. That any treasury or bank note or certificate or other
same obligation and security payable to bearer or any
prision mayor medium and 5,000 – if document was issued by a instrument payable to order or other document of credit
foreign government not payable to bearer is forged or falsified by another
Prision mayor minimum and 2,000 – if document is a circulating note person
or bill issued by a foreign bank duly authorized therefor. 2. That the offender knows that any of those instruments is
acts punishable: forged or falsified
a) Forging or falsification of treasury or bank notes or other 3. That he performs any of these acts:
documents payable to bearer a) Using any of such forged or falsified documents
b) Importation of such false or forged obligations or notes b) Possessing with intent to use any of such forged or
c) Uttering of such false or forged obligation or notes in falsified instruments
connivance with the forgers or importers
Possession of counterfeit US $20 bills is punished under art. 168
Forging is committed by giving to a treasury or bank note or any because the counterfeit dollar bills are comprehended in the words,
instrument payable to bearer or to order the appearance of a true ”any of the false or falsified instruments referred to in this section,”
and genuine document. of art. 168

Falsification is committed by erasing, substituting, counterfeiting, or A person in possession of falsified document and who makes use of
altering by any means, the figures, letters, words, or signs contained the same is presumed to be material author of falsification
therein.
Accused has the burden to give satisfactory explanation of his
Uttering false or forged obligations or notes means offering possession of forged bills
obligations or notes knowing them to be false or forged, whether
such offer us accepted or not, with a representation, by words or It is an impossible crime when the act performed would have been a
actions, that they are genuine and with an intent to defraud. crime of illegal possession of false treasury notes

A bank note, certificate or obligation and security is payable to 169 – How forgery is committed
bearer when it can be negotiated by mere delivery a) By giving to a treasury or bank note or any instrument
payable to bearer or to order mentioned therein, the
Money bills issued by the Central Bank are national bank notes appearance of a true and genuine document
b) By erasing, substituting, counterfeiting, or altering by any
Philippine National Bank checks are commercial documents, not means the figures, letters, words or sign contained therein
covered by Art. 166
Forgery includes falsification and counterfeiting

167 – counterfeiting, importing, and uttering instruments not

payable to bearer PD No. 247
prision correccional medium and maximum and 6,000 imprisonment of not more than 5 years and/or 20,000
that is shall be unlawful for any person to wilfully deface, mutilate, The document must be of apparent legal efficacy. Thus, making a
tear, burn or destroy, in any manner whatsoever, currency notes and writing which is invalid on its face, as in the case of a will not signed
coins issued by the Central Bank or the Philippines by the requisite number of witnesses, is not falsification.

170 – Falsification of legislative documents In falsification by making alteration or intercalation or including in a

prision correccional maximum and 6,000 copy a different statement, there must be a genuine document that
1. There be a bill, resolution or ordinance enacted or is falsified. Thus, in paragraphs 6, 7, in its second part, and 8, the law
approved or pending approval by either House of the requires that there be a genuine document where the intercalation
Legislature or any provincial board or municipal council or alteration is made changing its meaning
2. Offender alters the same
3. He has no proper authority therefor In falsification of a public document, the falsification need not be
4. The alteration has changed the meaning of the document made on an official form. It is sufficient that the document is given
the appearance of, or made to appear similar to, the official form.
A fabricated or simulated legislative document is not covered under
art. 170 The simulation of public, official or mercantile document is also
contemplated in falsification of those documents
The offender is any person
It is not necessary to specify in art. 171 the document falsified,
171 – Falsification by public officer, employee or notary or because when the document is executed with the intervention of a
ecclesiastical minister public officer, employee or notary public, such document must
prision mayor and 5,000 necessarily be a public or official document. Even if the document is
originally a private document, of it is in the official custody of the
1. Offender is a public officer, employee or notary public
public officer or employee or if it forms part of the official record
2. He takes advantage of his official position
when it is falsified by the public officer or employee, then the crime
3. He falsifies a document by committing any of the following
committed should be punished under art. 171
acts:
a) Counterfeiting or imitating any handwriting, signature
The mere drawing up of a false document is not sufficient to
or rubric
constitute the crime of falsification, the signature, handwriting or
b) Causing it to appear that persons have participated in
mark of another person must be signed or made by the offender,
any act or proceeding when they did not in fact so
without authority to do so.
participate
c) Attributing to persons who have participated in an act
In counterfeiting, there is an original signature or handwriting which
or proceeding statements other than those in fact
is imitated. An imitation is necessary, but it need not be perfect.
made by them
d) Making untruthful statements in a narration of facts
Requisites of counterfeiting:
e) Altering true dates
1. There be an intent to imitate, or an attempt to imitate
f) Making any alteration or intercalation in a genuine
2. That the 2 signatures or handwritings, the genuine and the
document which changes its meaning
forged, bear some resemblance to each other
g) Issuing in authenticated form a document purporting
to be a copy of an original document when no such
The resemblance must be such that it is likely to deceive an ordinary
original exists, or including in such copy a statement
person receiving or dealing with the document
contrary to, or different from, that of the genuine
original
If there is no attempt whatsoever by the accused to imitate the
h) Intercalating any instrument or note relative to the
signatures of other persons so that they are entirely unlike the
issuance thereof in a protocol, registry or official book
genuine signatures of those persons, the accused may be found
4. In case the offender is an ecclesiastical minister, the act of
guilty under paragraph 2, art. 171, in causing it to appear that those
falsification is committed with respect to any record or
persons have participated in the act when they did not in fact so
document of such character that its falsification may affect
participate
the civil status of persons
In feigning, there is no original signature handwriting or rubric, but a
The offender takes advantage of his official position in falsifying a
forgery of a signature, handwriting or rubric that does not exist.
document when:
a) He has a duty to make or to prepare or otherwise to
Causing it to appear that persons have participated in an act or a
intervene in the preparation of the document
proceeding
b) He has the official custody of the document which he
1. Offender caused it to appear in a document that a person
falsifies
or persons participated in an act or proceeding
2. Such person or person did not in fact so participate in the
Even if the offender was a public officer but he did not take
act or proceeding
advantage of his official position, he would be guilty of falsification of
a document by a private person under art. 172

A document is any written statement by which a right is established

or an obligation extinguished
Attributing to persons who have participated in any act or
The document must be complete or at least it must have the
proceeding statements other than those made in fact by them
appearance of a true and genuine document
 1. That a person or persons participated in an act or Making alteration or intercalation in a genuine document which
proceeding changes its meaning
2. That such person or persons made statements in that act 1. That there be an alteration or intercalation on a
or proceeding document
3. That the offender, in making a document, attributed to 2. That it was made on a genuine document
such persons or persons statements other than those in 3. That the alteration or intercalation has changed the
fact made by such person or persons meaning of the document
4. That the change made the document speak something
Making untruthful statements in a narration of facts false
1. That the offender makes in a document statements in a
narration of facts Alteration which speaks the truth is not falsification
2. That he has a legal obligation to disclose the truth of the
facts narrated by him The alteration must affect the integrity or change the effects of the
3. That the facts narrated by the offender are absolutely false document
4. That the perversion of truth in the narration of facts was
made with the wrongful intent of injuring a third person Issuing in an authenticated form a document purporting to be a copy
of an original document when no such original exists, or including in
There must be narration of facts, not conclusion of law such a copy a statement contrary to, or different from, that of the
genuine original.
Legal obligation means that there is law requiring the disclosure of
the truth of the facts narrated Such acts of falsification can be committed only by a public officer or
notary public who takes advantage of his official position, since the
The person making the narration of facts must be aware of the falsity authentication of a document can be made only by the custodian or
of the facts narrated by him the one who prepared and retained a copy of the original document

The narration of facts must be absolutely false. The rule is that if the A private person who cooperates with a public officer in the
statements are not altogether false, there being some colourable falsification of a public document is guilty of this crime and incurs
truth in such statements, the crime of falsification is not deemed to the same liability and penalty as the public officer
have been committed
The idea of gain or the intent to cause damage to a third person is
Legal obligation to disclose the truth, inherent in residence not necessary because it is in the interest of the community which is
certificate intended to be guaranteed by the strictest faithfulness of the officials
charged with the preparation and preservation of the acts in which
Wrongful intent not essential when the document falsified is public they intervene.
document

There is no falsification by one who acted in good faith

The fact that one’s consent to a contract was obtained by means of

violence does not make the facts narrated therein false

An assistant bookkeeper of the Post Exchange, having bought several

articles in the Post Exchange for which he signed several chits,
intentionally did not record in his personal account most of the said
chits and destroys them so that he could avoid paying the amount
thereof, is guilty of falsification by omission.

Altering true dates

Date must be essential . The alteration of the date or dates in a

document must affect either the veracity of the document or the
effects thereof.

The dates of birth, marriage and death are essential, because

without them the documents “cannot produce any legal effect”

Altering dates in official receipts to prevent the discovery of

malversation is falsification

It is true that if the alteration of a date does not affect the integrity
of the document, it does not constitute the crime of falsification, but
the rule has no application when the act is committed, not by
ignorance or mistake but rather to prevent the discovery of an illegal
appropriation of public funds. 172 – falsification by private individuals and use of falsified
documents
prision correccional medium and maximum and 5,000 documents or instruments used by merchants or businessmen to
penalty next lower in degree – if any person knowingly introduces in promote or facilitate trade.
evidence in any judicial proceeding or to the damage of another or Example: any negotiable instrument, Quedans or warehouse
who, with intent to cause such damage, uses any of the false receipts, cash files, deposit slips and bank statements, surety
documents embraced in the next preceding article or in any of the account, journal books, ledgers, and airway bills.
foregoing subdivisions of this article
falsification of public, official or commercial document by a private Cash disbursement vouchers are not commercial documents, they
individual: are private
1. That the offender is a private individual or a public officer
or employee who did not take advantage of his official The fact that the falsification was committed before the document
position was presented to the notary does not alter the character of the
2. That he committed any of the acts of falsification crime as falsification of public document, if the document was
enumerated in Art. 171 presented to the notary by the party who committed the
3. That the falsification was committed in a public or official falsification, or at his instance
or commercial document
falsification of false document by any person: A private document may acquire the character of a public document
1. Offender committed any of the acts of falsification, except when it becomes part of an official record and is certified by a public
those in paragraph 7, enumerated in art. 171 officer duly authorized by law
2. Falsification was committed in any private document
3. Falsification caused damage to a third party or at least the The possessor of a certificate of title is presumed to be the author of
falsification was committed with intent to cause such the falsification that made possible the transfer of title.
damage
introducing in a judicial proceeding: The possessor of a falsified document is presumed to be the author
1. Offender knew that a document was falsified by another of the falsification
person
2. False document is embraced in art. 171 or in any In paragraph 1, art. 172, damage or intent to cause damage is not
subdivisions no.1 or 2 of art. 172 necessary because the principal thing punished is the violation of the
3. He introduced said document in evidence in any judicial public faith and destruction of truth as therein solemnly proclaimed.
proceeding This statement applies as well to commercial documents because as
use in any other transaction: to this kind of document, a credit is sought to be protected.
1. Offender knew that a document was falsified by another
person Lack of malice or criminal intent is a defense in falsification of public
2. False document is embraced in art. 171 or in any of document.
subdivision no. 1 and 2 of art. 172
3. He used such document not in judicial proceedings FALSIFICATION OF PRIVATE DOCUMENT
4. The use of the false document caused damage to another
or at least it was used with intent to cause such damage “With the intent to cause such damage” means that the offender
performs some other independent act in order to make use of it – an
Public document - created, executed or issued by a public official in act which, while it does not result in prejudice to a third party, has
response to the exigencies of the public service, or in the execution been done nevertheless with the intention of causing such prejudice.
of which a public official intervened. A public document is any
document authorized by a notary public or a competent public Damage need not be material. Damage to one’s honor is included.
official with the solemnities required by law.
It is not necessary that the offender profited or hoped to profit by
Official document – a document which us issued b a public official in the falsification as all the law requires is the intent to prejudice
the exercise of the functions of his office. An official document is another person
also a public document.
When the offender commits on a document any of the acts of
Examples: falsification as a necessary means to commit another crime, like
Receipt issued by the department of assessments and collections of estafa, theft or malversation, the 2 crimes form a complex crime.
the city of Manila for taxed collected, a burial permit, official receipt However, the document falsified must be public, official or
prescribed by the government to be issued upon receipt of money commercial.
for public purposes, official cashbook kept by the disbursing officer
of the Coast Guard and Transportation Department, petition ofr The falsification of a public, official or commercial document may be
habeas corpus, and all pleadings filed with the court. a means of committing estafa, because before the falsified document
is actually utilized to defraud another, the crime of falsification has
Private document – a deed or instrument executed by a private already been consummated, damage or intent to cause damage not
person without the intervention of a notary public or other person being an element of the crime of falsification of public, official or
legally authorized, by which document some disposition or commercial document. On other words, the crime of falsification has
agreement is proved, evidenced, or set forth. already existed. Actually utilizing that falsified public, official or
Example: theatre ticket commercial document to defraud another is estafa. But the damage
to another is caused by the commission of estafa, not by falsification
of the document. Therefore, the falsification of the public, official or
Commercial document – any document defined and regulated by the commercial document is only a necessary means to commit the
Code of Commerce or any other commercial law. They are estafa.
On the other hand, in the falsification of a private document, there is If the one who used the falsified document is the same person who
no crime unless another fact, independent of that falsifying the falsified it, the crime is only falsification and the use of the same is
document, is proved. Therefore, when one makes use of a private not a separate crime.
document, which he falsified, to defraud another, there results only
one crime: that of falsification of a private document. The damage to The user of the falsified document is deemed the author of the
another is caused by the commission of the crime of falsification of falsification if:
private document, the intent to defraud in using the falsified private 1. The use was so closely connected in time with the
document is part and parcel of the crime, and cannot give rise to the falsification
crime of estafe, because the damage, if it resulted, was caused by, 2. And the user had the capacity of falsifying the document.
and became the element of, the crime of falsification of a private
document. 173 – Falsification of wireless, cable, telegraph and telephone
message
If a private document is falsified to conceal the misappropriation of prision correccional medium and maximum
the money or other personal property which has been in the penalty next lower in degree – any person who shall use such
possession of the offender the crime committed is estafe with abuse falsified dispatch to the prejudice or with intent to cause such
of confidence only. prejudice
1. Offender is an officer or employee of a government or an
If the estafa was already consummated at the time of the officer or employee of a private corporation, engaged in
falsification of the private document, or if the falsification of a the service of sending or receiving wireless, cable or
private document was committed for the purpose of concealing the telephone message
estafa, the falsification is not punishable, because as regards the 2. Offender commits any of the following acts:
falsification of the private document, there was no damage or intent a) Uttering fictitious wireless, cable, telegraph or
to cause damage, the limited damage that resulted was caused by telephone message
the commission of estafa, not by the falsification of the private b) Falsifying wireless, cable, telegraph, or telephone
document. message.
1. Accused knew that wireless, cable, telegraph, or telephone
There is no falsification or private document through reckless message was falsified by any of the persons specified in the
imprudence since in falsification of a private document, there is at first paragraph of art. 173
least intent to cause damage, that is, there must be malice, there is 2. Accused used such falsified dispatch
no such crime as falsification of a private document through 3. The use of the falsified dispatch resulted in the prejudice of
negligence or reckless imprudence. a third party, or that the use thereof was with intent to
cause such prejudice
It seems that if a document is intended by law to be part of the
public or official record, the preparation of which being in Private individual cannot be a principal by direct participation in
accordance with the rules and regulations issued by the government, falsification of telegraphic dispatches under art. 173
the falsification of that document, although it was a private
document at the time of falsification, is regarded as falsification of a But a private individual can be hel criminally liable as principal by
public or official document. inducement in the falsification of telegraph dispatches or telephone
messages
falsification of public document falsification of private document
the principal thing punished is prejudice to a third party is But if he knowingly uses any falsified telegraph, wireless or
the violation of the public faith primarily taken into account so telephone messages to the prejudice of a third person, or with intent
and the perversion of truth and that if such damage is not to cause such prejudice, it is not necessary that he be connected
it is immaterial whether or not apparent, or there is at least no with such corporation
some prejudice has been caused intention to cause it, the
to third persons falsification is not punishable. Act No. 1851, sec. 4, punishes private individuals who forge or alter
telegram
Generally, falsification has no attempted or frustrated stage because
it is consummated the moment the genuine document us altered or
the moment the false document is executed. It is immaterial that the
offender did not achieve his objectives.

There may be frustrated crime of falsification, if the falsification is

imperfect.

USE OF FALSIFIED DOCUMENT 174 – falsification of medical certificates, certificates of merit or

service, and the like
Damage is not necessary in the crime of introducing in judicial arresto mayor maximum to prision correccional minimum and 1,000
proceeding, a false document arresto mayor – any private person who shall falsify a certificate
falling within the classes mentioned in the 2 preceding subdivisions
1. Offender is a physician or surgeon
2. He issues a false certificate in connection with the practice
of his profession
1. Offender is a public officer
2. He issues a false certificate of merit or service, good
conduct, or similar circumstances

Certificate is any writing by which testimony is given that a fact has

or has not taken place.

Persons liable for falsification of certificates:

physician or surgeon False Medical Certificate by a
physician
public officer False Certificate or Merit or
Service by a public officer
private individual False Medical Certificate by a
private individual or False
Certificate or Merit or Service by
a private individual

The phrase “or similar circumstances: in art. 174 does not seem to
cover property, because the circumstance contemplated must be
similar to merit, service or good conduct

Certificate of residence for voting purposes is certificate of “similar

circumstances”

175 - using false certificates

arresto menor
1. That a physician or surgeon had issued a false medical
certificate, or a public officer had issued a false certificate
of merit or service, good conduct, or similar circumstances,
or a private person had falsified any of said certificates
2. Offender knew that the certificate was false
3. He used the same

When any of the false certificates mentioned in art. 174 is used in

the judicial proceeding, art. 172 does not apply, because the use of
false document in judicial proceeding under art. 172 is limited to
those false documents embraced in arts, 171 and 172