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Midterm Table

The document outlines various crimes related to national security and public order, detailing the requisites, penalties, and related concepts for each crime. It includes offenses such as treason, conspiracy to commit treason, misprision of treason, espionage, and rebellion, among others. Each article specifies the elements required for prosecution and the legal implications of the offenses, emphasizing the roles of public officers and the context of the crimes.
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0% found this document useful (0 votes)
13 views12 pages

Midterm Table

The document outlines various crimes related to national security and public order, detailing the requisites, penalties, and related concepts for each crime. It includes offenses such as treason, conspiracy to commit treason, misprision of treason, espionage, and rebellion, among others. Each article specifies the elements required for prosecution and the legal implications of the offenses, emphasizing the roles of public officers and the context of the crimes.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

TITLE I

Article Name of Crime Requisites / Elements Penalty / Notes / Related Concepts


Numb Classification
er
Art. Treason 1. Offender is a Filipino or resident Crime Against Two ways of proving treason: Testimony of at
114 alien.<br>2. There is a war in which National Security. least two witnesses to the same overt act, or
the Philippines is involved.<br>3. confession of the accused in open
Offender either: (a) levies war court.<br><br>Can be prosecuted even if
against the government; OR (b) committed outside Philippine jurisdiction, provided
adheres to the enemies, giving them the offender is found within PH territory or brought
aid or comfort within the Philippines via extradition (extraterritorial application under
or Art. 2 of the RPC).
elsewhere.<br><br>Requirements
of levying war: Actual assembling
of men, intent to deliver the country
in whole or in part to the enemy, and
collaboration with a foreign enemy or
sovereign.

Art. Conspiracy Conspiracy Elements:<br>1. A war Crime Against This crime only exists in times of war involving the
115 and Proposal in which the PH is involved.<br>2. At National Security. Philippines.
to Commit least two persons agree to levy war
Treason or adhere/give aid to
enemies.<br>3. They decide to
commit it.<br><br>Proposal
Elements:<br>1. A war in which the
PH is involved.<br>2. At least one
person decides to levy war or
adhere/give aid to enemies.<br>3.
He proposes its execution to other
persons.

Art. Misprision of 1. Offender owes allegiance to the Crime Against Distinctions & Defenses: Unlike treason, which
116 Treason government, and not a National Security. aliens can commit, misprision of treason
foreigner.<br>2. He has knowledge applies only to citizens.<br>Timing: Liability
of conspiracy to commit treason arises if the treason is still at the conspiratorial
against the government.<br>3. He stage (if it erupts into an overt act, the government
conceals or does not disclose it as is presumed aware).<br>Nature: A felony by
soon as possible to the governor, omission, but committed
fiscal, or mayor of the province/city with dolo (intent).<br>Blood Relations: Article 20
where he resides. (exempting accessories based on blood ties) does
not apply; offenders are treated as principals
because national security supersedes blood
relationships.<br>Scope: There is no crime of
misprision of rebellion.

Art. Espionage First Form:<br>1. Offender enters Crime Against Unlike most Title I crimes, espionage can be
117 a warship, fort, or naval/military National Security. committed both in times of war and in times of
establishment.<br>2. He has no peace.<br><br>Also punished and covered
authority to do so.<br>3. Purpose is under Commonwealth Act No. 616.
to obtain confidential information,
plans, etc. relative to the defense of
the Philippines.<br><br>Second
Form:<br>1. Offender is a public
officer.<br>2. Has possession of
confidential defense information by
reason of his public office.<br>3.
Discloses contents to a
representative of a foreign nation.

Art. Inciting to War 1. Offender performs unlawful or Crime Against the Can be committed in times of peace, even if the
118 or Giving unauthorized acts.<br>2. The acts Law of Nations. Philippines is not a participant in a
Motives for provoke/give occasion for a war war.<br><br>Jurisprudence/Examples: Relevan
Reprisals involving the Philippines, or expose t in cases of unauthorized acts, such as recruiting
Filipino citizens to reprisals on their Filipinos for the Gulf War, or an officer stepping on
persons or property. a foreign flag (e.g., Abner Afuang/Flor
Contemplacion cases).

Art. Violation of 1. There is a war in which the Crime Against the Can be committed in times of peace in the
119 Neutrality Philippines is not involved.<br>2. A Law of Nations. Philippines (e.g., during a Middle East war).
regulation is issued by a competent
authority to enforce neutrality.<br>3.
Offender violates the regulation.

Art. Correspondenc 1. In time of war in which the Crime Against the Crimes against the Law of Nations can be
120 e with Hostile Philippines is involved.<br>2. Law of Nations. prosecuted anywhere in the world, as they are
Country Offender makes correspondence with considered crimes against humanity in general.
an enemy.<br>3. Correspondence is
either: prohibited by the government,
carried on in ciphers/conventional
signs, or contains information useful
to the enemy.

Article Name of Crime Requisites / Elements Penalty / Notes / Related Concepts


Numb Classification
er

Art. Piracy in Piracy Elements:<br>1. Vessel is Reclusion Perpetua Distinctions: Mutiny is committed by insiders
122 General and on the high seas or PH waters.<br>2. (as amended by R.A. (passengers/crew) without necessarily having
Mutiny on the Offenders are neither complement 7659).<br><br>Cri intent to gain; Piracy is committed by outsiders
High Seas or members nor passengers.<br>3. me Against the Law with intent to gain.<br><br>Nature: Piracy is a
PH Waters Attack/seize vessel or seize of Nations. crime against humanity (hostes humanes generis).
cargo/belongings.<br>4. Intent to Its essence is robbery, so it cannot co-exist with a
gain.<br><br>Mutiny separate crime of
Elements:<br>1. Vessel on high robbery.<br><br>Amendments: Originally
seas or PH waters.<br>2. Offenders limited to high seas. PD 532 punished piracy in PH
are complement members or waters. RA 7659 amended Art. 122 to include PH
passengers.<br>3. Attack or seize waters and increased the penalty to reclusion
the vessel or cargo/belongings. perpetua, superseding PD 532 except for the
distinct crime of "abetting piracy".

Art. Qualified 1. Vessel on the high seas or PH Crime Against the Complex Crimes: There is no complex crime if
123 Piracy (and waters.<br>2. Offenders may/may Law of Nations. piracy is accompanied by murder, rape, or physical
Qualified not be complement or injuries. These are mere qualifying circumstances,
Mutiny) passengers.<br>3. Attack or seize resulting in a single crime of Qualified
the vessel or Piracy.<br><br>Qualified Mutiny: Mutiny can
cargo/belongings.<br>4. also be qualified by abandoning victims or being
Accompanied by any of these accompanied by murder/rape/injuries, but the first
circumstances: (a) seizing the vessel circumstance (boarding/firing upon the vessel)
by boarding or firing upon it; (b) does not apply to mutiny.
abandoning victims without means of
saving themselves; (c) accompanied
by murder, homicide, physical
injuries, or rape.
TITLE II

Article Name of Requisites / Elements Penalty / Classification Notes / Related Concepts


Numbe Crime
r

Art. Arbitrary 1. Offender is a public officer or Crime Against the Fundamental Authority Required: The public officer
124 Detention employee.<br>2. He detains a Laws of the State. must have official duties that carry the
person.<br>3. The detention is authority to make arrests and detain
without legal persons; if not, the crime is Illegal
grounds.<br><br>(Absence of legal Detention.<br>Actual Restraint: There
grounds means: no crime committed, must be actual restraint of liberty; if the
no violent insanity, and no ailment person can still move freely, it may only be
requiring compulsory confinement). grave or light threat.<br>Distinction
from Unlawful Arrest: In Arbitrary
Detention, the intent is to deny liberty; in
Unlawful Arrest, the intent is to accuse the
person of a crime they didn't commit to
incriminate them.

Art. Delay in 1. Offender is a public Crime Against the Fundamental Delivery: Means filing the necessary
125 the officer/employee.<br>2. He detains a Laws of the State. complaint/information in court, not physical
Delivery of person for some legal ground.<br>3. delivery of the person.<br>Scope: Applies
Detained He fails to deliver such person to only to warrantless arrests (citizen's
Persons proper judicial authorities within: 12 arrest); if the arrest is with a warrant, there
hrs (light penalties), 18 hrs is no time limit specified except return
(correctional penalties), or 36 hrs within a reasonable time.<br>Waiver: A
(afflictive/capital penalties). detained person wanting a preliminary
investigation must waive their Art. 125
rights in writing.

Art. Delaying 1. Offender is a public Crime Against the Fundamental This penalizes the unjustified delay in
126 Release officer/employee.<br>2. There is a Laws of the State. executing release orders or proceedings.
judicial/executive order for release, or
a proceeding for liberation.<br>3.
Offender without good reason delays:
service of notice of order,
performance of the order, or the
proceedings for release.

Art. Expulsion 1. Offender is a public Crime Against the Fundamental Essence: The essence is coercion. If
127 officer/employee.<br>2. He expels a Laws of the State. committed by a private person, it is Grave
person from the Philippines OR Coercion.<br>Citizenship distinction: A
compels a person to change Filipino citizen cannot be deported; thus,
residence.<br>3. Offender is not sending a Filipino out of the country
authorized by law to do so. constitutes Grave Coercion, not Expulsion.
Expulsion from the PH applies only to
aliens.

Art. Violation of Common Elements:<br>1. Offender Crime Against the Fundamental Exceptions to Warrant: Search incidental
128 Domicile is a public officer/employee.<br>2. Laws of the to arrest, moving vehicles, plain view (must
Not authorized by judicial order to State.<br><br>Qualifying be legally in the place first), customs
enter/search.<br><br>Acts Circumstances: Nighttime, or searches, and consented
Punished:<br>a. Entering dwelling if papers/effects not search.<br>Nature of Entry: Must be
against owner's will.<br>b. Searching constituting evidence are not against the occupant's will (express or
without consent.<br>c. Refusing to returned immediately. implied) or surreptitious. If invited in, the
leave after surreptitious entry when entry isn't a violation, though unauthorized
asked. searching might be.

Art. Search Procuring without just Crime Against the Fundamental Malicious Procurement: Means no
129 Warrants cause:<br>1. Offender is a public Laws of the State. probable cause was determined. The
Maliciously officer/employee.<br>2. Procures a officer may also be prosecuted for
Obtained & search warrant.<br>3. There is no perjury.<br>Strict Compliance: Officers
Abuse in just cause.<br><br>Abuse in must follow the warrant to the letter; it is
Service Service:<br>1. Public not a license to commit destruction
officer/employee.<br>2. Legally (unnecessary severity).
procured warrant.<br>3. Exceeds
authority or uses unnecessary
severity.

Art. Searching 1. Offender is a public Crime Against the Fundamental The search warrant is valid, but the liability
130 Domicile officer/employee.<br>2. Armed with Laws of the State. arises from the absence of the required
Without legally procured warrant.<br>3. witnesses to oversee the search.
Witnesses Searches domicile, papers, or
belongings.<br>4. Owner, family
members, or two witnesses residing in
the same locality are not present.
Article Name of Requisites / Elements Penalty / Classification Notes / Related Concepts
Numbe Crime
r

Art. Interruptio 1. Offender is a public Crime Against the Fundamental Qualifying Circumstance: The crime is
132 n of officer/employee.<br>2. Religious Laws of the State. qualified if it is committed by violence or
Religious ceremonies/manifestations are about threat.
Worship to take place or are going on.<br>3.
Offender prevents or disturbs the
same.

Art. Offending 1. Acts complained of were performed Crime Against the Fundamental Unique Feature: Unlike the other crimes
133 the in a place... (Note: Elements are Laws of the State. under Title II where the offender must be a
Religious incomplete in the source text). public officer, this is the only crime under
Feelings this title where the offender can be any
person.
TITLE III
Article Name of Crime Requisites / Elements Penalty / Notes / Related Concepts
Numbe Classification
r

Art. Rebellion or 1. There is a public uprising and Crime Against Public Nature: Requires a multitude, aims to
134 / Insurrection taking arms against the Order.<br><br>Higher overthrow the government, and is usually
135 government.<br>2. Purpose is penalty for carried out by civilians through force/violence
either: (a) to remove allegiance promoters/leaders; without requiring military
to the government/laws of lower for followers. participation.<br>Distinctions: Rebellion aims
Philippine territory/armed forces, to overthrow the existing government entirely;
or (b) to deprive the Chief Insurrection seeks minor changes or prevents
Executive or Congress of their governmental authority on particular
powers. matters.<br>Complex Crimes: Historically
(under Hernandez & Enrile doctrines), common
crimes were absorbed. Due to RA 6968
amending Art. 135, rebellion can now be
complexed with common crimes like murder,
robbery, or arson committed in furtherance
thereof (Art. 48 applies).<br>Special
Laws: Illegal possession of firearms under PD
1866 in furtherance of rebellion is distinct and
not absorbed (People v. de Gracia).

Art. Coup d'etat 1. Offender belongs to military, Crime Against Public Nature: Can be committed singly or collectively
134-A police, or holds public Order. (multitude not required). Objective may merely
office.<br>2. Swift attack be to destabilize/paralyze rather than
accompanied by violence, overthrow.<br>Complex Crimes: Can be
intimidation, threat, strategy, or complexed with Rebellion (if there is conspiracy
stealth.<br>3. Directed against between the two groups) or Sedition.
duly constituted authorities,
military camps, comms
networks, or public
utilities.<br>4. Purpose is to
seize or diminish state power.

Art. Conspiracy and Conspiracy: Agreement + Crime Against Public Notice that mere agreement or proposal to
136 Proposal to decision by 2 or more persons to Order. commit rebellion is already punished, even
Commit rise publicly and take arms before an overt act of uprising occurs.
Rebellion/Coup against the government for
d'etat rebellion
purposes.<br>Proposal: A
person who has decided to
commit rebellion proposes its
execution to others.

Art. Disloyalty of 1. Offender is a public Crime Against Public The offender must strictly be a public officer or
137 Public Officers or officer/employee.<br>2. Acts Order. employee.
Employees committed: Failing to resist
rebellion by all means in their
power, continuing to discharge
duties under rebel control, or
accepting appointments from
rebels.

Art. Inciting to 1. Offender does not take Crime Against Public Distinction from Proposal: In proposal, the
138 Rebellion or arms/not in open hostility.<br>2. Order. offender has decided to commit rebellion and
Insurrection Incites others to execute acts of uses secret means. In inciting, the offender
rebellion.<br>3. Done via does not necessarily need to have decided to
speeches, proclamations, commit rebellion, and the act of inciting is done
writings, emblems, banners, etc.. publicly.

Art. Sedition 1. Public and tumultuous Crime Against Public Nature: Does not contemplate taking up arms;
139 / uprising.<br>2. Employ force, Order. the goal is protest, dissent, or civil disobedience
140 intimidation, or other means using illegal violence, not government
outside legal methods.<br>3. overthrow.<br>Distinction from
Purpose: Prevent execution of Rebellion: Rebellion requires taking up arms
law/election, prevent officers for political overthrow; sedition only requires a
from exercising functions, inflict tumultuous uprising, and its purpose can be
hate/revenge on public officers political or social.
or social classes, or despoil
property for political/social ends.

Art. Conspiracy to Agreement and decision to rise Crime Against Public There is no crime of "Proposal to Commit
141 Commit Sedition publicly and tumultuously to Order. Sedition," only conspiracy.
attain sedition objects.

Art. Acts Tending to 1. Projected/actual meeting of Crime Against Public The meeting can be a projected or actual
143 Prevent Meeting Congress, Constitutional Order. meeting of these legislative/constitutional
of Commissions, local bodies.
Congress/Similar boards/councils.<br>2. Offender
Bodies (any person) prevents meetings
by force or fraud.

Article Name of Crime Requisites / Elements Penalty / Notes / Related Concepts


Numbe Classification
r

Art. Violation of First form: Using force, Crime Against Public Reyes's Annotation: To align with Sec. 11, Art.
145 Parliamentary intimidation, threat, or fraud to Order. VI of the Constitution, the phrase "by a penalty
Immunity prevent a member of Congress higher than prision mayor" should actually be
from attending meetings, construed/amended to read: "by the penalty of
expressing opinions, or casting prision mayor or higher".
votes.<br>Second form: Public
officer/employee arrests or
searches a member of Congress
while in regular/special session
for a crime punishable by not
higher than prision mayor.

Art. Illegal Assemblies Two forms:<br>1. Meeting Crime Against Public Presumption: If a person carries an unlicensed
146 attended by armed persons to Order. firearm, he is presumed to be a leader/organizer
commit crimes under the whose purpose is committing RPC
RPC.<br>2. Meeting (armed or crimes.<br>Scope: Must be for crimes under
not) where audience is incited to the RPC. Gathering to violate special laws (e.g.,
treason, rebellion, sedition, or drug trafficking) is not illegal assembly.
direct assault.

Art. Illegal 1. Associations totally/partially Crime Against Public Distinction from Assembly: Illegal
147 Associations organized for committing RPC Order. association punishes the
crimes.<br>2. Associations forming/organizing/membership, meaning no
organized for purposes contrary actual meeting is necessary. It also includes
to public morals. purposes violating special laws/public morals,
unlike Illegal Assembly which strictly applies to
RPC violations.

Art. Direct Assault First Form: Employing Crime Against Public Essence: The spirit of lawlessness and
148 force/intimidation for Order. contempt for authority.<br>Complex
rebellion/sedition purposes Crimes: Direct assault absorbs light felonies
WITHOUT public (slight physical injuries), but is complexed with
uprising.<br>Second severe results like murder/homicide (e.g., Direct
Form: Attacking, employing Assault with Murder).<br>Who are
force, seriously PIAs: Teachers, professors, and lawyers in
intimidating/resisting a Person in actual performance of duties are deemed PIAs
Authority (PIA) or Agent (APIA) under Arts 148 & 151.
engaged in performance of
duties OR on occasion thereof.
Offender must know the victim's
authority.

Art. Indirect Assault 1. A PIA or APIA is victim of a Crime Against Public Crucial Distinction: Because Art. 152 was
149 direct assault.<br>2. A person Order. amended so that a civilian aiding a PIA legally
comes to the aid of such becomes an APIA, an attack on that aiding
authority.<br>3. Offender uses civilian is now Direct Assault. Therefore, Indirect
force/intimidation upon the Assault only occurs today if the civilian is aiding
person aiding. an Agent of a Person in Authority.

Art. Disobedience to Refusing without legal excuse to Crime Against Public Punishes contemptuous refusal to participate or
150 Summons obey summons, refusing to be Order. supply evidence to legislative and constitutional
sworn, refusing to answer legal bodies.
inquiries/produce documents,
restraining others from
attending, or inducing
disobedience before Congress or
Constitutional Commissions.

Art. Resistance and Resistance/Serious Crime Against Public Distinction from Direct Assault: Direct
151 Disobedience to a Disobedience: Resisting or Order. assault requires serious and deliberate attack or
PIA or Agent seriously disobeying a PIA/APIA force. Resistance involves a lesser degree of
engaged in duty/giving lawful force without manifest intent to defy the
order (not falling under Arts. law. Note: Any force used against a Person in
148-150).<br>Simple Authority (not just an agent) constitutes Direct
Disobedience: Disobeying an Assault.
APIA in duty/lawful order where
disobedience is not serious.

Art. Tumults and Other Causing serious disturbances in Crime Against Public Inciting vs. Outcry: If the speaker had prior
153 Disturbances of public places/offices, interrupting Order.<br><br>Penalt criminal intent to incite, it's Inciting to Sedition.
Public Order performances (not under y increased if brought If tempers merely flared during a speech
131/132), making outcries about by armed men. causing the speaker to incite the crowd, it's
inciting rebellion/sedition, Disturbance of Public
displaying provoking placards, or Order.<br>Arms: "Armed" includes carrying big
burying an executed person with stones capable of causing grave injury.
pomp.

Article Name of Crime Requisites / Elements Penalty / Notes / Related Concepts


Numbe Classification
r

Art. Alarms and Discharging firearms/explosives Crime Against Public Distinctions: Discharging a
155 Scandals causing alarm, participating Order. firearm not directed at anyone =
in charivari (mock serenade), Alarms/Scandals. Directed at someone without
disturbing peace while intent to kill = Illegal Discharge (Art. 254).
wandering at night, or causing Directed with intent to kill = Attempted
scandal while intoxicated. Homicide/Murder.<br>Charivari is producing
noise with broken cans/pots disturbing public
tranquility. Does not refer to moral scandal
(which is Grave Scandal).

Art. Delivering 1. Person confined in jail/penal Crime Against Public Offender: Can be public or private. If the
156 Prisoners from Jail establishment.<br>2. Offender Order. offender is the custodian of the prisoner, the
removes/helps escape. crime is Infidelity in the Custody of Prisoners. If
not the custodian, it's Art. 156. A detainee who
cooperates in their own rescue is a principal by
indispensable cooperation.

Art. Evasion of Service 1. Convict by final Crime Against Public Immediate voluntary return is immaterial to
157 of Sentence judgment.<br>2. Serving Order. liability (only mitigating). Can be committed if
sentence of deprivation of the sentence is destierro (by entering prohibited
liberty.<br>3. Evades by limits). Evasion is qualified by scaling, breaking
escaping. doors, picklocks, disguise, or connivance.

Art. Evasion of Service 1. Convict by final Crime Against Public Liability Basis: Leaving the establishment is
158 of Sentence on judgment.<br>2. Order.<br><br>Failure not the crime; the crime is failing to
Occasion of Disorder/Calamity (conflagration, to return = 1/5 added return within 48 hours. The mutiny referenced
Disorders/Calamiti earthquake, mutiny).<br>3. penalty. Return = 1/5 here means personnel rising against
es Evades by leaving on such deduction. supervisors, not a mere riot.
occasion.<br>4. Fails to give
himself up within 48 hours after
proclamation passing the
calamity.

Art. Violation of 1. Offender was a convict Crime Against Public Timing: Generally, violation must occur during
159 Conditional Pardon granted conditional Order. the unexpired portion of the sentence, unless
pardon.<br>2. Violated any the pardon's language makes the condition
condition of the pardon. perpetual.<br>Substantive
Offense: Considered a substantive offense
(carrying a penalty of prision correccional) only
if the remitted sentence is 6 years or less. If
more than 6 years, the convict just serves the
unserved portion.

Art. Commission of 1. Offender already convicted by Crime Against Public Punishes quasi-recidivism, serving as an
160 Another Crime final judgment.<br>2. Commits Order. aggravating circumstance where the offender
During Service of a new felony before or while commits a new crime before or during the
Penalty (Quasi- serving sentence. service of an existing sentence.
Recidivism)
TITLE IV
Article Name of Crime Requisites / Elements Penalty / Notes / Related Concepts
Numbe Classificatio
r n

Art. Counterfeiting Acts Punished:<br>1. Forging the great seal of Crime


161 the Great Seal / the Government of the Philippines;<br>2. Forging Against
Forging the signature of the President;<br>3. Forging the Public
Signature or stamp of the President. Interest.
Stamp of the
Chief Executive

Art. Using Forged 1. The great seal was counterfeited or the Crime Key Rule: The offender under this article
162 Signature or signature/stamp of the Chief Executive was Against should not be the forger.
Counterfeit forged by another.<br>2. Offender knew of the Public
Seal or Stamp counterfeiting/forgery.<br>3. He used the Interest.
counterfeit seal or forged signature/stamp.

Art. Making, 1. There be false/counterfeited coins.<br>2. Crime Counterfeiting Defined: Remaking or


163 Importing, and Offender made, imported, or uttered such Against manufacturing without authority.<br>Legal
Uttering False coins.<br>3. In case of uttering, he connived Public Tender Not Required: The law punishes
Coins with the counterfeiters/importers. Interest. counterfeiting even if the coin is no longer
legal tender (e.g., Magellan-era coins) to
discourage people from practicing their
ingenuity in imitating money.

Art. Mutilation of First Act: 1. Mutilating coins of legal Crime Requisites: The coin must be of legal
164 Coins currency.<br>2. Intent to damage or defraud Against tender, and the offender must gain
another.<br>Second Act: 1. Importing or Public from/collect the precious metal dust
uttering such mutilated coins.<br>2. Connivance Interest. abstracted.<br>Distinctions: If the
with mutilator/importer. offender just rubs the coin to deface it (like
in cara y cruz) without collecting the dust, it
is not mutilation under the RPC, but a
violation of PD 247. Mutilation strictly
applies to coins, not paper bills.

Art. Selling False or First Act: Possession of coin Crime Punishes the possession with intent to utter
165 Mutilated Coin, counterfeited/mutilated by another, with intent to Against or the actual uttering by someone who
without utter, knowing it is false/mutilated.<br>Second Public did not connive with the original
Connivance Act: Actually uttering false/mutilated coin, Interest. counterfeiter or mutilator.
knowing the same to be false/mutilated.

Art. Forging Art 166: Forging/falsification of treasury/bank Crime Forgery (Art. 169): Committed by giving a
166 & Treasury/Bank notes or importing/uttering them in Against treasury/bank note the appearance of a true
168 Notes (166) & connivance.<br>Art 168 Elements: 1. Public and genuine document, or by
Illegal Note/instrument forged by another. 2. Offender Interest. erasing/altering figures. Mere alteration
Possession/Use knows it is forged. 3. Uses it OR possesses it with (e.g., changing 'P' to '$') is not forgery if it
(168) intent to use. doesn't give the appearance of a genuine
document; it's a violation of PD 247.

Art. Falsification by 1. Offender is a public officer, employee, or Crime Document Defined: A writing complete in
171 Public Officer, notary.<br>2. Takes advantage of his official Against itself and capable of extinguishing an
Employee, position.<br>3. Falsifies a document by Public obligation, creating rights, or becoming
Notary, or committing any of 8 acts (e.g., counterfeiting Interest. evidence of facts.<br>Genuine vs
Ecclesiastical handwriting, causing it to appear persons Spurious: The document does not have to
Minister participated when they did not, making untruthful be originally genuine; the crime is
statements, altering dates, altering a genuine committed even if the document is
document to change its meaning). completely false/spurious, as long as it is
made to appear genuine.

Art. Falsification by Par 1 & 2: Falsification of public, official, Crime Classes of Documents: (1) Public (notary
172 Private commercial, or private document by a private Against took part), (2) Official (public official took
Individual and individual (or a public officer not taking Public part), (3) Commercial, (4) Private.
Use of Falsified advantage of position).<br>Last Par (Use): 1. Interest.
Documents Knows document was falsified by another. 2.
Introduces it in a judicial proceeding; OR uses it in
any other transaction causing damage/intent to
cause damage.

Art. Falsification of Acts: 1. Uttering fictitious messages.<br>2. Crime Notice that for acts 1 and 2, the law requires
173 Wireless, Falsifying messages.<br>3. Using such falsified Against a specific class of offenders (telecom
Cable, messages (must result in prejudice/intent to Public workers), but act 3 (using) can presumably
Telegraph, and prejudice).<br>Offender (for Acts 1 & 2): Must Interest. apply to those who know of the falsity.
Telephone be an officer/employee of the government or a
Messages private corporation engaged in telecom services.

Article Name of Crime Requisites / Elements Penalty / Notes / Related Concepts


Numbe Classificatio
r n
Art. Manufacturing 1. Making/introducing stamps, dies, marks, or Crime Application: If a person is caught with a
176 and Possession other instruments for Against booklet of blank, uncompleted counterfeit
of Instruments counterfeiting/falsification.<br>2. Possession Public residence certificates, they are liable under
for Falsification with intent to use such instruments Interest. this article, not falsification, because the
made/introduced by another. blanks are merely "forms" and not yet
"documents".

Art. Usurpation of Usurpation of Authority: Knowingly/falsely Crime There must be an overt act for usurpation of
177 Authority or representing oneself as an officer/agent of the Against official functions. Merely possessing fake
Official PH/foreign government.<br>Usurpation of Public traffic violation receipts without attempting
Functions Official Functions: Performing acts pertaining to Interest. to issue them to anyone is not yet
a person in authority/public officer under usurpation.
pretense of official position without right.

Art. Using Fictitious Using Fictitious Name: Using a name other Crime
178 Name and than the real name publicly to conceal a crime, Against
Concealing True evade judgment, or cause damage to public Public
Name interest.<br>Concealing True Interest.
Name: Concealing true name and personal
circumstances.

Art. Illegal Use of 1. Uses insignia, uniforms, or dress.<br>2. Crime Rules: Wearing the uniform of
179 Uniforms or Pertains to an office/class the person does not Against an imaginary office is not punishable.
Insignia hold/belong to.<br>3. Used publicly and Public Furthermore, an exact imitation is
improperly. Interest. unnecessary; a colorable resemblance
calculated to deceive the public is sufficient.

Art. False Testimony Against Defendant (180): 1. Criminal Crime


180 & in Criminal proceeding. 2. Testifies falsely under oath against Against
181 Cases defendant. 3. Knows it is false. 4. Defendant is Public
either convicted or acquitted by final Interest.
judgment.<br>Favorable to Defendant
(181): Gives false testimony in favor of the
defendant in a criminal case.

Art. False Testimony 1. Civil case. 2. Relates to issues. 3. False. 4. Crime Notice the specific requirement of "intent to
182 in Civil Cases Offender knows it's false. 5. Malicious and given Against affect the issues".
with intent to affect the issues. Public
Interest.

Art. False Testimony Elements: 1. Statement under oath / false Crime


183 in Other Cases affidavit upon a material matter. 2. Before a Against
(Perjury) competent officer authorized to administer oaths. Public
3. Willful and deliberate assertion of falsehood. 4. Interest.
Required by law (for a legal purpose).

Art. Offering False 1. Offers false witness or testimony.<br>2. Knows Crime


184 Testimony in witness/testimony is false.<br>3. Offer made in Against
Evidence any judicial or official proceeding. Public
Interest.

Art. Machinations in Acts: 1. Soliciting gift/promise to refrain from Crime


185 Public Auctions bidding. 2. Attempting to cause bidders to stay Against
away by threats, gifts, promises, or Public
artifice.<br>Common Element: Intent to cause Interest.
the reduction of the price of the thing auctioned.

Art. Monopolies and Acts: 1. Combining Crime


186 Combinations (contract/agreement/conspiracy) to prevent free Against
in Restraint of competition.<br>2. Monopolizing Public
Trade merchandise/trade to alter prices via false rumors Interest.
or artifice.

Article Name of Crime Requisites / Elements Penalty / Notes / Related Concepts


Numbe Classificatio
r n

Art. Unfair Unfair Competition: Selling goods and giving Special Law Intellectual Property Code: Arts. 188-189
189 & Competition & them the general appearance of the goods of Penalties (RA are largely superseded/expanded by RA
RA Fraudulent another, with actual intent to deceive the public 8293 IPC). 8293. IP Code provides imprisonment of 2 to
8293 Registration or defraud a competitor.<br>Fraudulent 5 years and fines of P50k to P200k for
(Intellectual Designation/Registration: Affixing false infringement, unfair competition, and false
Property) designation of origin or procuring patent designation.
registration fraudulently.

Relevant Special Laws Correlated with Title IV

 Presidential Decree No. 247: Punishes the willful defacement, mutilation, tearing, burning, or destroying of Central Bank
notes and coins. Merely writing on bills, lighting a cigarette with a bill, or rubbing coins on the sidewalk (without extracting dust)
violates PD 247, not the RPC.
 Republic Act No. 8293 (Intellectual Property Code): Modernly governs infringement of trademarks, unfair competition,
false designations of origin, and false descriptions, providing civil remedies and criminal penalties.
TITLE V
Article Name of Crime Requisites / Elements Penalty / Notes / Related Concepts
Number / Act Punished Classificatio
/ Law n

Arts. Crimes (These articles are no longer in effect) Repealed by History of Repeal: Originally repealed by RA
190 to Relative to Special Laws. 6425 (The Dangerous Drugs Act of 1972) and
194 Opium and PD 1683. It has now been replaced
Other by Republic Act No. 9165 (The Dangerous
Prohibited Drugs Act of 2002).<br><br>Crucial
Drugs Reminder: Under the new law, there is no
more distinction between "Dangerous" and
"Prohibited" drugs.

R.A. Importation, Commission of any of the following:<br>1. Special Law Applies broadly not just to the finished
9165 Manufacture, Importation of dangerous drugs and/or (R.A. 9165). dangerous drugs, but also to "Controlled
& Cultivation controlled precursors and essential Precursors and Essential Chemicals".
chemicals.<br>2. Manufacture of the
same.<br>3. Illegal chemical diversion of
controlled precursors/essential
chemicals.<br>4. Cultivation or culture of
plants classified as dangerous drugs or sources
thereof.

R.A. Sale & Sale, administration, delivery, distribution, and Special Law
9165 Distribution transportation of dangerous drugs and/or (R.A. 9165).
controlled precursors and essential chemicals.

R.A. Maintenance 1. Maintenance of a den, dive, or resort for Special Law Mere presence as a visitor or employment in
9165 of & prohibited drug users.<br>2. Being employees (R.A. 9165). such a facility is explicitly punished.
Involvement in and visitors of a prohibited drug den.
Drug Dens

R.A. Possession & 1. Possession or use of prohibited drugs Special Law Social Gatherings: To be penalized
9165 Use of (expressly includes Ecstasy and its (R.A. 9165). specifically for possession during parties or
Dangerous derivatives).<br>2. Use of dangerous social gatherings, the offender must be in the
Drugs drugs.<br>3. Possession of dangerous drugs proximate company of at least two (2)
during parties, social gatherings, or meetings. persons.

R.A. Possession, 1. Manufacture or delivery of equipment, Special Law Exceptions & Presumptions: <br>1.
9165 Manufacture, instruments, apparatus, and other (R.A. 9165). Possession is exempted when it is possessed in
& Delivery of paraphernalia.<br>2. Possession of such the legitimate practice of a profession.<br>2.
Paraphernalia paraphernalia.<br>3. Possession of Possession of drug paraphernalia is
paraphernalia during parties, social gatherings, considered prima facie evidence of drug
and meetings. use.

R.A. Offenses 1. Maintenance and keeping of original records Special Law Holds professionals (like doctors or
9165 Concerning of transactions regarding dangerous (R.A. 9165). pharmacists) accountable for the improper
Prescriptions drugs/controlled precursors.<br>2. documentation or medical authorization of
& Records Unnecessary prescription of dangerous dangerous drugs.
drugs.<br>3. Unlawful prescription of
dangerous drugs.

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