CRIMES AGAINST PUBLIC ORDER Punishable acts:

(ARTS. 134-160) 1) Failing to resist a rebellion by all means in their power

2) Continuing to discharge the duties of their offices under the
 ART. 134- REBELLION/INSURRECTION control of the rebels
3) Accepting appointment to office under them
ELEMENTS:
1) That there be a) public uprising & b) taking arms against the  The crime presupposes the existence of rebellion by other
Government. persons; the offender must not be in conspiracy with the rebels
2) That the purpose of the uprising or movement is either ---
a. To remove from the allegiance to said  ART. 138- INCITING TO REBELLION / INSURRECTION
Government or its laws
i. The territory of the Phil. ELEMENTS:
ii. Any body of land, naval or other armed forces 1) That the offender does not take arms or is not in open
b. To deprive the Chief executive or Congress, wholly or hostility against the Government
partially, of any of their powers or prerogatives. 2) That he incites others to the execution of any of the acts of
rebellion
 Purpose must be shown although not necessary that it be 3) That the inciting is done by means of speeches,
accomplished proclamations, writings, emblems, banners or other
 levying war against the Government. during peace time for representations tending to the same end.
any of the purposes mentioned in Art. 134 is rebellion
 Rebellion always involves taking up arms against the  ART. 139- SEDITION
Government; unlike treason, which may be committed by mere
adherence to the enemy giving him aid and comfort ELEMENTS:
1) That the offender rise a) publicly and b) tumultuously
 ART. 135- PENALTY FOR REBELLION OR 2) That they employ force, intimidation, or other means outside
INSURRECTION of legal methods
3) That the offenders employ any of those means to attain any
PERSONS LIABLE: of the ff. objects:
1) Any person who a) promotes, b) maintains, c) or heads a a. To prevent the promulgation or execution of any law or
rebellion or insurrection the holding of any popular election.
2) Any person who, while holding any public office or b. To prevent the Nat’l Government, or any provincial or
employment, takes part therein municipal Government, or any public officer from freely
engaging in war against the forces of the Government, exercising its or his functions, or prevent the execution
destroying property or committing serious violence, exacting of any admin. Order.
contributions or diverting public funds from the lawful purpose c. To inflict any act of hate or revenge upon the person or
of which they have been appropriated property of any public officer/employee.
3. Any person merely participating or executing the command d. To commit, for any political or social end, any act of hate
of others in a rebellion or revenge against private persons or any social class.

 ART. 134-A- COUP D’ETAT e. To despoil, for any political or social end, any person,
municipality or province, or the national Government of
 The essence of the crime is a swift attack, accompanied all its property or any part thereof.
by violence, intimidation, threat, strategy or stealth
 TREASON - is the violation by a subject of his allegiance to
 directed against duly constituted authorities of the Republic, his sovereign, etc;
military camps or installations, communication networks, public
utilities, other facilities needed for exercise and continued  SEDITION - is the raising of commotions or disturbances in
possession of power the state

 This crime does not require a multitude of people.  TUMULTUOUS – if caused by more than three persons who
are armed or provided with the means of violence
 The objective may not be to overthrow the government but  Public uprising and an object of sedition must concur
only to destabilize or paralyze the government.
 ART. 140- PENALTY FOR SEDITION
 The principal offender must be a member of the AFP or PNP
or a public officer with or without civilian support. PERSONS LIABLE:
1) The leader of the sedition
 It is singly or simultaneously carried out anywhere in the 2) Other persons participating in the sedition
Philippines
 ART. 141- CONSPIRACY TO COMMIT SEDITION
 ART. 136- CONSPIRACY & PROPOSAL TO COMMIT
REBELLION OR INSURRECTION  Conspiracy to sedition is only punishable and not proposal to
commit sedition
CONSPIRACY: 2 or more persons come to an agreement to
seize or diminish state power through means provided in the  ART. 142- INCITING TO SEDITION
crime of coup d’etat.
PROPOSAL: A person who has decided to commit the crime of Punishable Acts:
coup d’etat proposes execution to some other person. 1) Inciting others to the accomplishment of any of the acts
which constitute by means of speeches, proclamations,
writings, emblems (inciting the people to rise publicly and
 An instance where the law punishes preparatory acts. tumultuously)
2) Uttering seditious words or speeches which tend to disturb
 ART. 137- DISLOYALTY OF PUBLIC OFFICERS the public peace
/EMPLOYEES 3) Writing, publishing, or circulating scurrilous (vulgar, mean,
foul) libels against the Government or any of the duly
constituted authorities, which tend to disturb the public peace
 1) Any meeting attended by armed persons for the purpose of
ELEMENTS OF ACT #1 committing any of the crimes punishable under the Code
1) That the offender does not take direct part in the crime of 2) Any meeting in which the audience, whether armed or not,
sedition is incited to the commission of the crime of treason, rebellion or
2) That he incites others to the accomplishment of any of the insurrection, sedition, or assault upon a person in authority
act which constitute sedition
3) That the inciting is done by means of speeches, PERSONS LIABLE IN ILLEGAL ASSEMBLY:
proclamations, writings, emblems, cartoons, banners, or other 1) The organizers or leaders of the meeting
representations tending to the same end. 2) Persons merely present at the meeting

ACTS # 2 & 3 PUNISHABLE: when -  Persons merely present at the meeting must have a
1) They tend to disturb or obstruct any lawful officer in common intent to commit the felony of illegal assembly
executing the functions of his office
2) They tend to instigate others to cabal and meet together for  It is necessary that that the audience is actually incited. If in
unlawful purposes the meeting the audience is incited to the commission of
3) They suggest or incite rebellious conspiracies or riots rebellion or sedition, the crimes committed are ILLEGAL
4) They lead or tend to stir up the people against the lawful ASSEMBLY as regards to the organizers or leaders or persons
authorities or disturb the peace of the community, the safety merely present and INCITING TO REBELLION OR SEDITION
and order of the Government. insofar as the one inciting them is concerned

 Use of words, emblems, etc. , not the performance of act is  If any person carries an unlicensed firearm, it is presumed
punished in inciting to sedition that the purpose of the meeting insofar as he is concerned is to
commit acts punishable under the RPC and he is considered a
 Disturbance or disorder is not necessary in inciting to sedition leader or organizer of the meeting.

 Rules relative to seditious words  ART. 147 ILLEGAL ASSOCIATIONS

1) The clear and present danger rule
2) Dangerous tendency rule Prohibited Association
1) Association totally or partially organized for the purpose of
CRIMES AGAINST POPULAR REPRESENTATION (ARTS. committing any of the crimes punishable under the Code
143-145) 2) Association totally or partially organized for some purpose
 ART.143- ACTS TENDING TO PREVENT THE MEETING contrary to public morals
OF THE ASSEMBLY AND SIMILAR BODIES
PERSONS LIABLE:
ELEMENTS: 1) Founders, directors, and president of the association.
1) That there be a projected meeting or actual meeting of the 2) Members of the association.
Nat’l Assembly or any of its committees or subcommittees,
constitutional commissions or committees or divisions, or of  ART. 148- DIRECT ASSAULTS
any provincial board or city or municipal council or board
2) That the offender who may be any person prevents such KINDS:
meeting force or fraud 1) Simple assault
2) Qualified assault
 ART. 144- DISTURBANCE OF PROCEEDINGS
TWO WAYS TO COMMIT:
ELEMENTS: 1) Without public uprising, by employing force or intimidation
1) That there be a meeting of the Congress or any of its for the attainment of any purposes enumerated in defining the
committees or subcommittees, constitutional commissions or crimes of sedition & rebellion offended party need not be a
committees, or any provincial board or city or municipal council person in authority or his agent, may be a private individual
or board 2) Without public uprising, by attacking, by employing force or
2) That the offender does any of the ff. acts: seriously intimidating or by seriously resisting any person in
a. He disturbs any of such meetings. authority or any of his agents, while engaged in the
b. He behaves while in the presence of any such bodies in performance of official duties, or on the occasion of such
such a manner as to interrupt its proceedings or to performance.
impair the respect due it.
DIRECT ASSAULT IS QUALIFIED WHEN:
 One who disturbs the proceedings of the Congress may also 1. Committed with a weapon
be punished for contempt by the Congress. 2. Offender is a public officer or employee
3. Offender lays hands upon a person in authority
 ART. 145 VIOLATION OF PARLIAMENTARY IMMUNITY
 Additional penalty for attacking ambassador or minister (R.A.
Punishable Acts: 75)
1) Using force, intimidation, threats, or frauds to prevent any  Knowledge of the accused that the victim is a person in
member of the Congress from: authority or his agent is essential; must have the intent to defy
a. Attending the meetings of the Congress or any of its the authorities
committees or subcommittees, constitutional
commissions or committees or divisions or  ART. 149- INDIRECT ASSAULT
b. Expressing his opinions or
c. Casting his vote ELEMENTS:
2) Arresting or searching any member while the Congress is in 1) that a person in authority or his agent is the victim of any of
regular session or special session, except in case such the forms of direct assault defined in 148
member has committed a crime punishable under the Code by 2) That a person comes to the aid of such authority or his
a penalty higher than prision mayor. agent
3) That the offender makes uses of force or intimidation upon
 ART. 146 ILLEGAL ASSEMBLIES such person coming to the aid of the authority or his agent

Forms of Illegal Assembly:  Can be committed only when a direct assault is also
committed
 AGENT OF A PERSON IN AUTHORITY- any person who by
 Offended party may be a private person; any person who direct provision of law or by election or by appointment by
comes to the aid of a person in authority or his agent competent authority, is charged with the maintenance of public
order and the protection and security of life and property, such
 ART. 150- DISOBEDIENCE TO SUMMONS ISSUED BY as barangay. councilman, brgy. policeman, brgy. leader,
THE NAT’L ASS., ITS COMMITTEES OR SUBCOMMITTEES, officers and members of the Brgy. Community Brigades, and
BY THE CONST. COMMISSION, ITS COMMITTEES, any person who comes to the aid of persons in authority. A
SUBCOMMITTEES OR DIVISIONS brgy. capt. and a brgy. chair are also deemed as persons in
authority
Punishable Acts:
1) Refusing, without legal excuse, to obey summons of the PERSONS IN AUTHORITY:
National Assembly, its special or standing committees and 1) Municipal mayor
subcommittees, the Const. commissions and its committees, 2) Division superintendent of schools
subcommittees or divisions, or by any commission or 3) Public and private school teachers
committee chairman or member authorized to summon 4) Teacher-nurse
witnesses 5) Pres. of sanitary division
2) Refusing to be sworn or placed under affirmation while 6) Provincial fiscal
before such legislative or constitutional body or official 7) Justice of peace
3) Refusing to answer any legal inquiry or to produce any 8) Municipal councilor
books, papers, documents, or records in his possession, when 9) Barrio captain and barangay chair
required by them to do so in the exercise of their functions
4) Restraining another from attending as a witness in such  Professors are persons in authority for 148& 151 --- Not in
legislative or constitutional body 149 (indirect assault)
5) Inducing disobedience to summons or refusal to be sworn
by any such body or official CRIMES AGAINST PUBLIC DISORDERS (ARTS. 153-156)

 ART. 153- TUMULTS & OTHER DISTURBANCES OF

 ART. 151- RESISTANCE & DISOBEDIENCE TO A PUBLIC ORDER
PERSON IN AUTHORITY OR THE AGENTS OF SUCH
PERSON Punishable Acts:
1) Causing any serous disturbance in public peace, office or
ELEMENTS OF RESISTANCE & SERIOUS DISOBEDIENCE: establishment
1) That a person in authority or his agent is engaged in the 2) Interrupting or disturbing public performances, functions or
performance of official duty or gives a lawful order to the gatherings, or peaceful meetings, if the act is not included in
offender 131-132
2) That the offender resists or seriously disobeys such person 3) Making an outcry tending to incite rebellion or sedition in any
in authority or his agent meeting, association or public place
3) That the act of the offender is not included in the provisions 4) Displaying placards or emblems which provoke a
of 148-150 disturbance of public order in such place
5) Burying with pomp the body of a person who has been
ELEMENTS OF SIMPLE DISOBEDIENCE legally executed
1) That an agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the  serious disturbance must be planned or intended
offender
2) That the offender disobeys such agent of a person in  OUTCRY – to shout subversive or provocative words tending
authority to stir up the people to obtain by means of force or violence
3) That such disobedience is not of a serious nature any of the objects of rebellion or sedition

 Crime consists of the failure to comply with the direct orders  If TUMULTUOUS – crime is qualified
directly issued by the authorities in the exercise of official
duties  ART. 154- UNLAWFUL USE OF MEANS OF
PUBLICATION & UNLAWFUL UTTERANCES
DIRECT ASSAULT RESISTANCE
 The person in  Only in actual Punishable Acts:
authority or his agent performance of duties 1) Publishing or causing to be published, by means of printing,
must be engaged in lithography or any other means pf publication, as news any
the performance of false news which may endanger the public order, or cause
official duties or that he damage to the interest or credit of the State
is assaulted by reason 2) Encouraging disobedience to the law or to the constituted
thereof authorities or by praising, justifying or extolling any act
 There is force  Use of force is not so punished by law, by the same means or by words, utterances
employed serious, as there is no or speeches
manifest intention to 3) Maliciously publishing or causing to be published any official
defy the law and resolution or document without authority, or before they have
officers enforcing it been published officially
4) Printing, publishing or disturbing (or causing the same)
books, pamphlets, periodicals, or leaflets which do not bear the
 ART. 152- PERSONS IN AUTHORITY & AGENTS OF real printer’s name, or which are classified as anonymous
PERSONS IN AUTHORITY
 Actual public disorder or actual damage to the credit of the
 PERSON IN AUTHORITY- any person directly vested with State is not necessary
jurisdiction, whether as an individual or as a member of some  offender must know that the news is false
court or Government owned or controlled corp., board, or
commission  ART. 155- ALARMS & SCANDALS
Punishable Acts:  If the offender gives himself up he is entitled to a deduction of
1) Discharging any firearm, rocket, firecracker, or other his sentence
explosive within any town or public place, calculated to cause
alarm or danger (should not be aimed at a person otherwise  ART. 159- OTHER CASES OF EVASION OF SENTENCE
Art. 254) (CONDITIONAL PARDON)
2) Instigating or taking an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public ELEMENTS:
tranquility 1) That the offender was a convict
3) Disturbing the public peace while wandering about at night 2) That he was granted a conditional pardon by the Chief Exec.
or while engaged in any other nocturnal amusements 3) That he violated any of the conditions of such pardon
4) Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided 153 is not applicable  Violation of conditional pardon is a distinct crime

 The act must produce alarm or danger as a consequence  Conditions extend to special laws

 CHARIVARI- includes a medley of discordant voices, a mock  Offender must be found guilty of subsequent offense before
serenade of discordant noises made on kettles, tin, horns, etc. he can be prosecuted under Art. 159
designed to annoy or insult
 Offender can be arrested and reincarcerated without trial – in
 If the disturbance is of a serious nature, the case will fall accordance with Sec. 64(I) of the RAC
under Art. 153
 Duration of the conditions subsequent is limited to the
 ART. 156- DELIVERING PRISONERS FROM JAILS remaining period of the sentence

ELEMENTS:  ART. 160- COMMISSION OF ANOTHER CRIME DURING

1) That there is a person confined in a jail or penal THE SERVICE OF PENALTY IMPOSED FOR ANOTHER
establishment (detention included) PREVIOUS OFFENSE (Quasi-recidivism)
2) That the offender removes such person, or helps the escape
of such person  QUASI-RECIDIVISM – special aggravating circumstance
where a person after having been convicted by final
 Offender is usually an outsider judgement, shall commit a new felony (must be in the RPC)
 violence, intimidation or bribery not necessary before beginning to serve such sentence, or while serving the
same.
KINDS OF EVASION OF SERVICE OF SENTENCE (ARTS.
157-159) ELEMENTS:
 ART.157- EVASION OF SERVICE OF SENTENCE 1) That the offender was already convicted by final judgement
2) That he committed a new felony before beginning to serve
ELEMENTS: such sentence or while serving the same
1) That the offender is a convict by final judgement
2) That he is serving his sentence, which consists in  WHO CAN BE PARDONED:
deprivation of liberty 1) At the age of 70 if he shall have already served out his
3) That he evades the service of his sentence by escaping original sentence (and not a habitual criminal) or
during the term of his sentence (by reason of final judgement) 2) When he shall completed it after reaching the said age,
unless by reason of his conduct or other circumstances he
CIRCUMSTANCES QUALIFYING THE OFFENSE: shall not be worthy of such clemency
1) By means of unlawful entry
2) By breaking doors, windows, gates, walls, roofs or floors  First crime which the offender is serving sentence need not
3) By using picklocks, false keys, disguise, deceit, violence, or be a felony; new offense need not be of different character
intimidation from that of the former offense
4) Through connivance with other convicts or employees of the
penal institution  Does not require that the two offenses are embraced in the
same title of the Code
 ART. 158- EVASION OF SENTENCE ON THE  As distinguished from REITERACION which requires that the
OCCASION OF DISORDERS, CONFLAGRATIONS, offender against whom it is considered shall have served out
EARTHQUAKES, OR OTHER CALAMITIES his sentences for the prior offenses
ELEMENTS:
 Cannot be offset by ordinary mitigating circumstances
1) That the offender is a convict by final judgement, and is
confined in a penal institution
CRIMES AGAINST PUBLIC INTEREST (ARTS. 161-189)
2) That there is disorder, resulting from;
CRIMES CALLED FORGERIES
a. Conflagration
(ARTS. 161-174)
b. Earthquake
c. Explosion
 ART. 161- COUNTERFEITING THE GREAT SEAL OF
d. similar catastrophe
THE GOVERNMENT, THE SIGNATURE, OR THE STAMP OF
e. mutiny in which he has not participated
THE CHIEF EXEC.
3) That the offender evades the service of his sentence by
leaving the penal institution where he is confined, on the
Punishable Acts:
occasion of such disorder or during the mutiny
1) Forging the Great Seal of the Government of the Phil.
4) That the offender fails to give himself up to the authorities
2) Forging the signature of the President
within 48 hrs. following the issuance of a proclamation by the
3) Forging the stamp of the President
Chief Executive announcing the passing away of such
calamity.
 ART. 162- USING FORGED SIGNATURE OR
COUNTERFEIT SEAL OR STAMP
 If the offender fails to give himself up, he gets an increased
penalty. ELEMENTS:
1) That the Great Seal of the Republic was counterfeited or the  ART. 166- FORGING TREASURY OR BANK NOTES OR
signature or stamp of the Chief Executive was forged by OTHER DOCUMENTS PAYABLE TO THE BEARER;
another person IMPORTING AND UTTERING SUCH FALSE OR FORGED
2) That the offender knew of the counterfeiting of forgery NOTES AND DOCUMENTS
3) That he used the counterfeit seal of forged signature or
stamp Punishable Acts:
1) Forging or falsification of treasury or bank notes or other
 The offender should not be the forger documents payable to bearer
2) Importation of such false or forged obligations or notes
CRIMES UNDER COUNTERFEITING COINS (ARTS. 163- 3) Uttering of such false or forged obligations or notes in
165) connivance with the forgers or importers
NOTES & OTHER OBLIGATIONS & SECURITIES THAT MAY
BE FORGED OR FALSIFIED UNDER 166:
 ART. 164- MAKING AND IMPORTING AND UTTERING 1. Treasury or bank notes
FALSE COINS 2. Certificates
3. Other obligations & securities, payable to bearer
ELEMENTS:
1) That there be false or counterfeited coins  ART. 167-COUNTERFEITING, IMPORTING, &
2) That the offender either made, imported or uttered such UTTERING INSTRUMENTS NOT PAYABLE TO THE
coins BEARER
3) That in case of uttering such false or counterfeited coins, he
connived with the counterfeiters or importers ELEMENTS:
1) That there be an instrument payable to order or other such
 Coin is FALSE or COUNTERFEITED, if it is forged or if it not document of credit not payable to bearer
authorized by the Government. as legal tender, regardless of 2) That the offender either forged, imported or uttered such
its intrinsic value instrument
 To UTTER – is to pass counterfeited coins; includes delivery 3) That in case of uttering, he connived with the forger or
or the act of giving them away importer

 Former coins withdrawn from circulation may be  ART.168- ILLEGAL POSSESSION & USE OF FLASE
counterfeited TREASURY OR BANK NOTES AND OTHER INSTRUMENTS
OF CREDIT
 Coins of foreign country not included
ELEMENTS:
 ART. 164- MUTILATION OF COINS- IMPORTATION & 1) That any treasury or bank note or certificate or other
UTTERANCE OF MUTILATED COINS obligation & security payable to bearer or any instrument
payable to the order or other document of credit not payable to
Punishable Acts: bearer is forged or falsified by another person
1) Mutilating coins of the legal currency, with the further 2) That the offender knows that any of those instruments is
requirement that there be intent to damage or to defraud forged or falsified
another 3) That he performs any of these acts -
2) Importing or uttering such mutilated coins, with the further a. Using any of such forged or falsified instruments
requirement that there must be connivance with the mutilator b. Possession with intent to use of any of such forged or
or importer in case of uttering falsified instruments

 Mutilation of foreign currency not included  ART. 169- HOW FORGERY IS COMMITTED
1) By giving a treasury or bank note or any instrument payable
MUTILATION – to take off part of the metal either by filing it or to bearer or to order mentioned therein, the appearance of a
substituting it for another metal of inferior quality true and genuine document
2) By erasing, substituting, counterfeiting or altering by means
the figures, letters, words, or sign contained therein
 Coins must be in legal tender
forgery includes falsification & counterfeiting

FIVE CLASSES OF FALSIFICATION

(ARTS. 170-173)
 ART. 165- SELLING OF FALSE OR MUTILATED COIN
WITHOUT CONNIVANCE
 The crime of falsification must involve a writing which is a
Punishable Acts: document in the legal sense.
1) Possession of coin, counterfeited or mutilated by another
person, with intent to utter the same, knowing that it is false or CLASSIFICATION OF DOCUMENTS:
mutilated 1) Public – a) document created, executed or issued by a
ELEMENTS; public official in response to exigencies of the public service, or
a. Possession in execution of which a public official intervened; b) instrument
b. With intent to utter authorized by a notary public or a competent public official with
c. Knowledge the solemnities required by law.
2) Actually uttering such false or mutilated coin, knowing the 2) Official – issued by a public official in the exercise of the
same to be false or mutilated functions of his office; also a public document.
ELEMENTS: 3) Commercial- defined and regulated by the Code of
a. Actually uttering. Commerce or other commercial law
b. Knowledge 4) Private- a deed or instrument executed by a private person
without the intervention of a notary public or other person
legally authorized, by which document, some disposition of
 Does not require legal tender
agreement is proved, evidenced or set forth
 accused must have knowledge of the fact that the coin is
false
 Importance of Classification
 In private documents, criminal liability will not arise unless
there is damage caused to third person. Mere falsity will not 1) Any public officer, employee or notary public
bring about criminal liability. 2) Ecclesiastical minister
 In public or commercial documents, criminal liability can
arise although no third person suffered damage.  ART. 172-FALSIFICATION BY PRIVATE INDIVIDUALS &
USE OF FALSIFIED DOCUMENTS
 ART. 170-FALSIFICATION OF LEGISLATIVE
DOCUMENTS Punishable Acts:
1) Falsification of public, official, commercial document by a
ELEMENTS: private individual
1) That there be a bill, resolution or ordinance enacted or
approved or pending approval by the Nat’l Assembly or any  Possessor of a falsified document is presumed to be the
provincial board or municipal council author of the falsification
2) That the offender alters the same damage or intent to cause damage is not necessary in Art. 172
3) That he has no proper authority par.1
4) That the alteration has changed the meaning of the
document 2) Falsification of private document by any person

 FORGERY as used in Art. 169 refers to the  The offender must have counterfeited the false document
falsification and counterfeiting of treasury notes or any and he must have performed an independent act which
instruments payable to bearer or to order. operates to the prejudice of a third person

 FALSIFICATION is the commission of any of the 8 4) Use of a falsified document

acts mention in Art. 171 on legislative, public, or i. in a Judicial Proceeding
official, commercial, or private documents, or wireless,  as evidence, with knowledge of falsity
or telegraphic messages iii. in any other transaction
 with knowledge of falsity, caused or with intent to
 Bill, resolution, ordinance must be genuine cause damage to another

 ART. 171- FALSIFICATION BY PUBLIC OFFICER,  Falsification as a means to commit estafa – when
EMPLOYEE; OR NOTARY OR ECCLESIASTICAL MINISTER committed on a document through any of the acts of
falsification enumerated in Art. 171 as a necessary means to
ELEMENTS: commit another crime, the two crimes form a COMPLEX
1) That the offender is a public officer, employee or notary CRIME under Art. 48.
public  But the document falsified as a necessary means to commit
2) That he takes advantage of his official position another crime must be PUBLIC, OFFICIAL, or
REQUISITES COMMERCIAL. If one makes use of a private document,
a. He has a duty to make or prepare or otherwise to which requires another independent act independent of the
intervene in the preparation of the document falsification, which he falsified, to defraud another, there results
b. He has official custody of the document which he only one crime --- FALSIFICATION OF A PRIVATE
falsifies DOCUMENT
3) That he falsifies a document by committing any of the ff.
acts:  If a private document is falsified to conceal the
a. Counterfeiting or imitating any handwriting, signature misappropriation of the money or other personal property
or rubric which has been in the possession of the offender, the crime is
b. Causing it to appear that persons have participated in ESTAFA WITH ABUSE OF CONFIDENCE.
any act or proceeding when they did not in fact so
participate  If the estafa was already consummated at the time of the
c. Attributing to persons who have participated in an act
falsification of the private document, or that the falsification
or proceeding statements other than those in fact
was committed for the purpose of concealing the estafa, the
made by them
falsification is not punishable because there was no damage or
d. Making untruthful statements in a narration of facts
intent to cause damage with regard to the falsification
e. Altering true dates
f. Making any alteration or intercalation in a genuine
ART. 172 ART. 171
document which changes its meaning
g. Issuing in authenticated form a document purporting ● the prejudice to a ● prejudice to third
to be a copy of an original document when no such third party is taken into person is immaterial;
original exists, or including in such copy a statement account so that if what is punished is the
contrary to, or different from that of the genuine damage is not violation of public faith
original apparent, or at least if and the perversion of
h. Intercalating any instrument or note relative to the with no intent to cause truth
issuance in a protocol, registry or official book it, the falsification is not
punishable
 Genuine document in pars. f,g,h is necessary.
 ART. 173- FALSIFICATION OF WIRELESS, CABLE,
TELEGRAPH, & TEL. MESSAGES, & USE OF SAID
 Falsification may be committed by simulating or fabricating a
FALSIFIED MESSAGES
document
PUNISHABLE ACTS:
 In case the offender is an ecclesiastical minister, the act of 1) Uttering fictitious wireless, telegraph or telephone messages
falsification is committed with respect to any record or 2) Falsifying wireless, telegraph or tel. Messages
document of such character that its falsification may affect the 3) Using such falsified message
civil status of persons
 Private individual cannot be a principal by a direct
 IMITATING – feigning; to represent by a false appearance; participation under Art. 173 unless he is an employee of a
to give a mental existence corporation engaged in the business of sending or receiving
wireless, telegraph or telephone messages
PERSONS LIABLE:
 held by the offender or to a class of persons of which he is not
 ART. 174- FALSE MEDICAL CERTIFICATES, FALSE a member
CERTIFICATES OF MERIT OR SERVICE 3) That said insignia, uniform, or dress is used publicly and
improperly
PERSONS LIABLE:
1) Physician or surgeon who, in connection with the practice of
his profession, issued a false certificate
2) Public officer who issued a false certificate of merit or THREE FORMS OF FALSE TESTIMONY (ARTS. 180-183)
service, good conduct or similar circumstances
3) Private individual who falsified a certificate falling in the  ART. 180- FALSE TESTIMONY AGAINST A DEFENDANT
classes mentioned in nos. 1&2 ELEMENTS:
1) That there be a criminal proceeding
 ART. 175- USING FALSE CERTIFICATES that the offender testifies falsely under oath against the
defendant
ELEMENTS: 2) That the offender who gives false testimony knows that it is
1) That a physician or surgeon has issued a false medical false
certificate, or a public officer has issued a false certificate of 3) That the defendant against whom the false testimony is
merit of service, good conduct or similar circumstances given is either acquitted or convicted in a final judgement
2) That the offender knew that the certificate was false
3) That he used the same  Defendant must be sentenced to at least a correctional
penalty or a fine or must be acquitted
 ART. 176- MANUFACTURING & POSSESSION OF
INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION  Witness who gave false testimony is liable even if the
testimony was not considered by the court
Punishable Acts:
1) Making or introducing into the Phil. any stamps, dies, marks,  ART. 181- FALSE TESTIMONY FAVORABLE TO THE
or other instruments or implements for counterfeiting DEFENDANT
2) Possession with intent to use the instruments or implements
for counterfeiting or falsification made in or introduced into the  Need not benefit the defendant
Phil. by another person
 Need not directly influence the decision of acquittal
 ART. 177-USURPATION OF AUTHORITY OR OFFICIAL
FUNCTIONS  Conviction or acquittal of defendant in principal case not
necessary
WAYS TO COMMIT
1) By knowingly and falsely representing  ART. 182- FALSE TESTIMONY IN CIVIL CASES
oneself to be an officer, agent or representative of any dep’t. or
agency of the Phil. Government. or any foreign Government. ELEMENTS:
(performing the act not necessary) 1) That the testimony must be given in a civil case
2) By performing any act pertaining to any person in authority 2) That the testimony must relate to the issues presented in
or public officer of the Phil. Government or of a foreign said case
Government or any agency, under the pretense of official 3) That the testimony must be false
position and without being lawfully entitled to do so (it is 4) That the false testimony must be given by the defendant
essential that that offender should have performed the act) knowing the same to be false
5) That the testimony must be malicious and given with an
 There must be a positive, express and explicit representation intent to affect the issues presented in said case

 The offender should have represented himself to be an  Article not applicable in special proceedings
officer, agent or representative of any department or agency of
the Government.; or should have performed an act pertaining  ART. 183- FALSE TESTIMONY IN OTHER CASES AND
to a person in authority or public officer PERJURY IN SOLEMN AFFIRMATION

 May be violated by a public officer Acts Punished:

1) By falsely testifying under oath (not in judicial proceedings)
 ART. 178- USING FICTITIOUS NAME & CONCEALING 2) By making a false affidavit
TRUE NAME
ELEMENTS OF PERJURY:
ELEMENTS: (USING FICTITIOUS NAME) 1) That the accused made a statement under oath or executed
1)That the offender uses a name other than his real name an affidavit upon a material matter
2) That he uses that fictitious name publicly 2) That the statement or affidavit was made before a
that the purpose of the offender is -- competent officer, authorized to receive and administer oath
a. to conceal a crime 3) That in that statement or affidavit, the accused made a willful
b. to evade the execution of a judgement and deliberate assertion of a falsehood
c. to cause damage to public interest 4) That the sworn statement or affidavit containing the falsity is
required by law
ELEMENTS: (CONCEALING TRUE NAME)
1) That the offender conceals ---  MATERIAL MATTER – the main fact which is the subject of
a. His true name the inquiry or any circumstance which tends to prove that fact,
b. all other personal circumstances or any fact or circumstance which tends to corroborate or
2) That the purpose is only to conceal his identity strengthen the testimony relative to the subject of inquiry or
which legitimately affects the credit of any witness who testifies
 ART. 179- ILLEGAL USE OF UNIFORM OR INSIGNIA
 OATH – any form of attestation by which a person signifies
ELEMENTS: that he is bound in conscience to perform an act faithfully and
1) That the offender makes use of insignia, uniform or dress truthfully
2) That the insignia, uniform or dress pertains to an office not
 upon any article of commerce & (b) selling the same
 AFFIDAVIT – sworn statement in writing 2) By selling or by offering for sale such articles of commerce,
knowing that the trade name or trademark has been
 ART. 184- OFFERING FALSE TESTIMONY IN EVIDENCE fraudulently used
3) By using or substituting the service of some other person, or
ELEMENTS: a colorable imitation of such mark, in the sale or advertising of
1) That the offender offered in evidence a false witness or false his services
testimony 4) By printing, lithographing or reproducing trade name,
2) That he knew the witness or the testimony was false trademark, or service mark of one person, or a colorable
3) That the offer was made in a judicial or official proceeding imitation, to enable another person to fraudulently use the
same, knowing the fraudulent purpose for which it is to be used
 Applies when the offender does not induce a witness to
testify falsely  ART. 189- UNFAIR COMPETITION, FRAUDULENT
REGISTRATION OF TRADENAME, OR SERVICE MARK,
CRIMES CLASSIFIED AS FRAUDS FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE
(ARTS. 185-189) DESCRIPTION
 ART. 185- MACHINATIONS IN PUBLIC AUCTIONS
Punishable Acts:
Punishable Acts: 1) Selling his goods, giving them the general
1) Soliciting any gift or promise as a consideration for refraining appearance of the goods of another manufacturer or dealer
form taking part in any public auction (unfair competition)
2) Attempting to cause bidders to stay away from an auction by 2) Affixing to his goods or using in connection
threats, gifts, promises or any other artifice with his services a false designation of origin, or any false
description or representation; selling such goods or services
 ART. 186- MONOPOLIES & COMBINATIONS IN (fraudulent designation of original; false description)
RESTRAINT OF TRADE 3) Procuring fraudulently from the patent office
the registration of trade name, trademark or service mark
Punishable Acts:
1) Combination to prevent free competition in the market - by  Mere offer to sell completes the crime
entering into any contract or agreement or taking part in any evidence of actual fraudulent intent is not necessary
conspiracy or combination in the form of a trust or otherwise, in
restraint of trade or commerce or to prevent by artificial means  REPUBLIC ACT 455 – ON SMUGGLING OR ILLEGAL
free competition in the market IMPORTATION

2) Monopoly to restrain free competition in the market - by Requisites:

monopolizing any merchandize or object of trade or commerce 1) That the merchandise must have been fraudulently or
or by combining with any other person/s to monopolize said knowingly imported contrary to law
merchandize or object in order to alter the prices by spreading 2) That the defendant, if he is not the importer himself, must
false rumors or making use of any other artifice to restrain free have received, concealed, bought, sold or in any manner
competition in the market facilitated the transportation, concealment or sale of the
merchandise
3) Manufacturer, producer, or processor or importer(persons 3) That the defendant must be shown to have knowledge that
liable) combining, conspiring or agreeing with any person (how the merchandise had been illegally imported
crime is committed) is to make transactions prejudicial to lawful
commerce or to increase the market price of merchandize(the  CRIMES RELATED TO OPIUM AND OTHER
purpose of the crime) PROHIBITED DRUGS

 Mere conspiracy or combination is punished Dangerous Drugs Act

RA 6425
 If the offense affects any food substance or other particles of
prime necessity, sufficient that initial steps are taken Dangerous Drugs are either:
1. PROHIBITED DRUGS: Includes Opium, cocaine and its
 ART. 187- IMPORTATION & DISPOSITION OF FALSELY active component and derivatives and other substances
MARKED ARTICLES OR MERCHANDIZE MADE OF GOLD, producing similar effects; Indian Hemp and all its derivatives;
SILVER, OR OTHER PRECIOUS METALS OR THEIR all other preparations made from the foregoing whether natural
ALLOYS or synthetic with the physiological effects of a narcotic or
hallucinogenic drug
ELEMENTS:
1) That the offender imports, sells or disposes of any of those 2. REGULATED DRUG: Includes self-inducing sedatives or a
articles or merchandise derivative of a salt barbituric acid; amphetamine, hypnotic
2) That the stamps, brands, or marks of those articles of drugs, or other drug with same effect
merchandise fail to indicate the actual fineness or quality of
said metals or alloy Punishable Acts: (PROHIBITED DRUGS)
3) That the offender knows that the stamps, brands, or marks a) Importation
fail to indicate the actual fineness or quality of said metals or b) Sale, Administration, Delivery, Distribution, Transportation
alloy c) Maintenance of a Den, Dive, Resort for users
d) Employment and Visit to such Den
 Selling the misbranded articles not necessary e) Manufacture
f) Possession and Use
 ART. 188- SUBSTITUTING & ALTERING TRADEMARKS, g) Cultivation of Plants which are sources of prohibited drugs
TRADENAMES OR SERVICE MARKS h) Failure to Comply with Record Requirements of the Law
i) Unlawful Prescription
Punishable Acts: j) Unnecessary Prescription
1) By (a) substituting the trade name or trademark of some k) Possession of Opium pipes, other paraphernalia
other manufacturer or dealer, or a colorable imitation for the
trade name or trade nark of the real manufacturer or dealer  With respect to par. B & C, the maximum penalty shall be
imposed if the victim is a minor or the prohibited drug is the relative. 3. Public interest requires
proximate cause of death 2. Minor is over 9 and suspension of
under 18 at the time of proceedings.
 With respect to par G, the maximum penalty shall be the commission of the 4. Minor committed to
imposed if the land used is public domain; if private, the land offense. custody of DSWD or
shall be escheated to the state unless the owner proves that any training institution
he had no knowledge of such cultivation despite the exercise Effect: operated by the
of due diligence No criminal liability under Government. or
the Child and Welfare responsible person.
 par H applies only to pharmacists, physicians, veterinarians Code
or dentists dispensing such drugs; additional penalty of Effects:
revocation of license A. DISMISSAL OF CASE
AND RELEASE
Punishable Acts: (REGULATED DRUGS) 1. Accused before or
a) Importation after 21 years old
b) Sale, Administration, Delivery, Distribution, Transportation 2. Court finds accused
c) Maintenance of a Den, Dive, Resort for users to have behaved
d) Manufacture properly and shown
e) Possession or Use to be a useful
f) Failure to comply with Record Requirements member of society.
g) Unlawful Prescription 3. Recommendation of
h) Unnecessary Prescription DSWD.

 Same rules apply with respect to par B,C & F B. CONVICTION AND
COMMITED TO JAIL
 Every penalty imposed shall carry with it the confiscation 1. Offender before or
and forfeiture o fall the proceeds of the crime, including after reaching 21 years
but not limited to, money and other assets obtained and old.
the instruments or tools with which it was committed, 2. While in commitment
unless they are property of a 3rd person not liable for the is incorrigible or failed
offense, but those which are not of lawful commerce shall to comply with
be destroyed w/o delay. conditions imposed or
continued stay in
 Any apprehending officer who misappropriates or fails to center is inadmissible.
account shall after conviction be punished by reclusion Note: Offender’s stay
perpetua to death and a fine ranging P500,000.00 to in center is credited to
P10,000,000.00. service of sentence
and he can apply for
 Plea-bargaining shall not be allowed where the imposable probation.
penalty is reclusion perpetua to death.
 Acquittal in a case of importation does not bar prosecution
 If the offender is an Alien he shall be deported immediately for illegal possession of opium because they are 2 distinct
w/o further proceedings after service of sentence. (Sec. crimes.
22)
 Illegal possession of pipe is included in illegal possession
 If committed by a juridical person the partner, director, of opium if the opium and the pipe were found in the same
president or manager who consents or knowingly tolerates place and at the same time and by the same person.
such violation shall be held liable as a co-principal. (Sec. Reason: there is a single criminal act impelled by a single
22) criminal intent.

 If a Government. official is found guilty of “planting” any CRIMES AGAINST PUBLIC MORALS (ARTS. 195-202)
dangerous drugs in the person or in the immediate vicinity
of another as evidence to implicate the latter, shall suffer  ARTS. 195-199, PROVISIONS OF PD. 483 & 449 ARE
the same penalty as therein provided. REPEALED WHICH ARE INCONSISTENT WITH PD 1602.

 Requirements and effects of Voluntary and Involuntary OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
confinement under the Dangerous Drugs Act and Child ( ARTS. 200-202)
Welfare Code
VOLUNTARY INVOLUNTARY  ART. 200- GRAVE SCANDAL
1. Drug dependent 1. Accused is found to be
voluntarily submits for a drug dependent by  Consists of acts which are offensive to decency and good
confinement, treatment court or fiscal and customs, which having been committed publicly, have given
and rehabilitation in a records forwarded to rise to public scandal to persons who have accidentally witness
center; Board. the same
2. Complies with condition 2. Board determines after
imposed by the Board medical examination ELEMENTS:
that pubic interest 1) That the offender performs an act or acts
Effect: requires commitment to 2) That such act or acts be highly scandalous as offending
No criminal liability for government center. against decency and good customs
violation of the Dangerous 3. Petition for commitment 3) That the highly scandalous conduct is not expressly falling
Drugs Act. is filed in the trial court. within any other article of this Code
4) That the act or acts complained of be committed in a public
1. Minor committed in 1. Minor found guilty after
place within the public knowledge or view
center for rehabilitation hearing.
upon sworn petition of 2. Application by youthful
parent, guardian or offender.  If the act or acts of the offender are punished under another
article of this code, Art. 200 is not applicable
  MISFEASANCE- improper performance of some act which
 Distinction should be made as to the place where the might lawfully be done
offensive act was committed:
 MALFEASANCE- the performance of some act which ought
a) If in public place, there is criminal liability not to be done
irrespective of whether the immoral act was in
open public view;  NONFEASANCE- omission of some act which ought to be
b) If in private place, public view is required. performed

 ART. 201- IMMORAL DOCTRINES, OBSCENE  ART. 204- KNOWINGLY RENDERING UNJUST
PUBLICATIONS & EXHIBITIONS & INDECENT SHOWS (AS JUDGEMENT
AMENDED BY P. 969)
ELEMENTS:
PERSONS LIABLE: 1) That the offender is a judge
2) That he renders a judgement in a case submitted to him for
1) Those who shall publicly expound or proclaim doctrines decision
openly and contrary to public morals 3) That the judgment is unjust
2) The authors of obscene literature, published with their 4) That the judge knows that his judgement is unjust
knowledge in any form; the editors publishing such literature;
and the owners’ operators of the establishment selling the  ART. 205- JUDGEMENT THROUGH NEGLIGENCE
same
3) Those who, in theatres, fairs, cinematographs or any other ELEMENTS:
place, exhibit indecent or immoral plays, scenes, acts or 1) That the offender is a judge
shows, it being understood that the obscene literature or 2) That he renders a judgement in a case submitted to him for
indecent or immoral plays, scenes, acts or shows, whether live decision
or in film, which are proscribed by virtue shall include those 3) That the judgement is manifestly unjust
which --- 4) That it is due to his inexcusable negligence or ignorance
a. Glorify criminals / condone crimes
b. Serve no other purpose but to satisfy the market for  ART. 206- UNJUST INTERLOCUTORY ORDER
violence, lust, pornography
c. Offend any race or religion ELEMENTS:
d. Tend to abet traffic in the use of prohibited drugs are 1) That the offender is a judge
contrary to law, public order, morals, good customs, 2) That he performs any of the ff. acts:
established policies, lawful orders, decrees a. Knowingly renders unjust interlocutory order or
and edicts decree.
4) Those who shall, give away or exhibit films, prints, b. Renders a manifestly unjust interlocutory order or
engravings, sculpture or literature which are offensive to decree through inexcusable negligence or ignorance
morals  ART. 207- MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
 ART. 202- VAGRANTS & PROSTITUTES
ELEMENTS:
PERSONS LIABLE: 1) That the offender is a judge
1) Any person having no apparent means of subsistence, who 2) That there is a proceeding in his court
has the physical ability to work and who neglects to apply 3) That he delays the administration of justice
himself to some lawful calling 4) That the delay is malicious, that is, the delay is caused by
2) Any person found loitering about public or semipublic the judge with deliberate intent to inflict damage on either party
buildings or places, or tramping or wandering about the country in the case
or the streets without visible means of support
3) Any idle or dissolute person who lodges in houses of ill  ART. 208- PROSECUTION OF OFFENSES;
fame; ruffians or pimps and those who habitually associate NEGLIGENCE & TOLERANCE
with prostitutes
4) Any person who, not being included in the provisions of Punishable Acts:
other articles of this Code, shall be found loitering in any 1) Maliciously refraining from instituting prosecution against
inhabited or uninhabited place belonging to another without violators of the law
any lawful or justifiable purpose 2) Maliciously tolerating the commission of offenses

 PROSTITUTES - women who, for money or profit, habitually PREVARICACION: DERELICTION OF DUTY IN THE
indulge in sexual intercourse or lascivious conduct PROSECUTION OF OFFENSES:
1) That the offender is a public officer or officer of the law who
 ART. 203 WHO ARE PUBLIC OFFICERS has a duty to cause the prosecution of, or to prosecute
offenses
REQUISITES: 2) That there is dereliction of the duties of his office; that is,
One must be --- knowing the commission of the crime, he does not cause the
1) Taking part in the performance of public functions in the prosecution of the criminal or knowing that a crime is about to
Government or performing in said Government or in any of its be committed he tolerates its commission
branches public duties as an employee, agent or subordinate 3) That the offender acts with malice and deliberate intent to
official of any rank or class favor the violator of the law
2) That his authority to take part in the performance of public
functions or to perform public duties must be – PERSONS LIABLE:
a. By direct provision of law 1. Public officer
b. By popular election 2. An officer of the law
c. By appointment by competent authority
 ART. 209- BETRAYAL OF TRUST BY AN ATTY. OR
CRIMES OF MALFEASANCE & MISFEASANCE IN OFFICE SOLICITOR
(ARTS. 204-211)
Punishable Acts:
1) Causing damage to his client, either: Government, the GOCCs, & all other instrumentalities or
(a) by any malicious breach of professional duty; or agencies of the Phils. & their branches.
(b) inexcusable negligence or ignorance
 there must be damage to the client  Public Officer – elective & appointive officials &
employees, permanent or temporary, whether in the classified
2) Revealing any of the secrets of his client learned by him in or unclassified or except services receiving compensation,
his professional capacity even nominal, from the Government.
 damage is not necessary
 Receiving any gift – the act of accepting directly or
3) Undertaking the defense of the opposing party in the same indirectly a gift from a person other than a member of the
case, without the consent of his first client, after having public officer’s immediate family, in behalf of himself or of any
undertaken the defense of the said first client, or after member of his family or relative w/in the 4th civil degree, either
having received confidential information from said client by consanguinity or affinity, even on the occasion of a family
 if there is consent, no crime celebration or nat’l festivity, if the value of the gift is under the
circumstances manifestly excessive.
 ART. 210- DIRECT BRIBERY
 Section 3. Corrupt Practices of Public Officials.
Punishable Acts:
1) Agreeing to perform, or by performing, in consideration of  (a) Persuading, inducing or influencing another public
any offer, promise, gift or present --- an act constituting a officer to perform an act constituting a violation of rules and
crime, in connection with the performance of his official duties regulations duly promulgated by competent authority or an
2) Accepting a gift in consideration of the execution of an act offense in connection with the official duties of the latter, or
which does not constitute a crime, in connection with the allowing himself to be persuaded, induced, or influenced to
performance of his official duty commit such violation or offense.
3) Agreeing to refrain, or by refraining, from doing something  Requesting or receiving any gift, present, or benefit is
which it is his official duty to do, in consideration of gift or not required.
promise
 (b) Directly or indirectly requesting or receiving any
 QUALIFIED BRIBERY - committed by public officers gift, present, share, percentage, or benefit, for himself or for
entrusted with the enforcement of law and whose duty is to any other person, in connection w/ any other contract or
arrest and prosecute those who violate them where the penalty transaction between the Government and any other party,
for the same is reclusion perpetua or higher. wherein the public officer in his official capacity has to
intervene under the law.
 ART. 211- INDIRECT BRIBERY  Transaction – like a contract involves some
consideration.
ELEMENTS:
1) That the offender is a public officer  (c) Directly or indirectly requesting or receiving any
2) That he accepts gifts gift, present or other pecuniary or material benefit, for himself
3) That the said gifts are offered to him by reason of his office or for another, from any person for whom the public officer, in
any manner or capacity has secured or obtained, or will secure
DIRECT BRIBERY INDIRECT BRIBERY or obtain, any Government permit or license, in consideration
public officer receives public officer receives for the help given or to be given, w/out prejudice to Section
a gift a gift thirteen of this Act.

there is an agreement usually no such  (d) Accepting or having any member of his family
between the public agreement accept employment in a private enterprise w/c has pending
officer and the giver of official business w/ him during the pendency thereof or w/in 1
the gift or present year after his termination.
 Note that the prohibition refers only to employment in
a private enterprise.
the offender agrees to not necessary that the
perform or performs an officer would do any
 (e) Causing any undue injury to any party, including
act or refrains from particular act or even
the Government, or giving any private party any unwarranted
doing something promise to do an act, as
benefits, advantage or preference in the discharge of his
because of the gift or it is enough that he
administrative or judicial functions through manifest partiality,
promise accepts gifts offered to
evident bad faith or gross inexcusable negligence. This
him by reason of his
provision shall apply to officers and employees of offices or
office
Government corps. charged w/ the grant of licenses or permits
or other concessions.
 This provision applies exclusively to public officers
 ART. 212- CORRUPTION OF PUBLIC OFFICIALS
charged with the duty of granting license or permits or
other concessions.
ELEMENTS:
1) That the offender makes offers or promises or gives gifts or
 (f) Neglecting or refusing, after due demand or
presents to a public officer
request, w/out sufficient justification, to act w/in a reasonable
2) That the offers or promises are made or the gifts or present
time on any matter pending before him for the purpose of
given to a public officer, under circumstances that will make the
obtaining, directly or indirectly, from any person interested in
public officer liable for direct bribery or indirect bribery
the matter some pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or giving undue
ANTI-GRAFT & CORRUPT PRACTICES ACT (R.A. 3019)
advantage in favor of or discriminating against any other
(RA 3019 as amended by RA 3047, PD 77
interested party.
and BP 195)
 (g) Entering, on behalf of the Government, into any
 Section 2. Definition of Terms.
contract or transaction manifestly and grossly disadvantageous
to the same, whether or not the public officer profited or will
 Government – the nat’l Government, the local
profit thereby.
  It is not necessary that the public officer profited or will 1. Any person who, prior to the assumption of office of
profit. any of those officials to whom he is related, has been
 It is enough to prove that the accused is a public already dealing with the Government along the same
officer. It is the commission of the act, not the line of business, nor to any transaction, contract or
character or effect that determines whether or not the application already existing or pending at the time of
provision has been violated. such assumption of public office;
2. Any application filed by him, the approval of w/c is not
 (h) Directly or indirectly having financial or pecuniary discretionary on the part of the official/s concerned
interest in any business, contract or transaction in connection but depends upon compliance with the requisites
with which he intervenes or takes part in his official capacity, or provided by law, or rules or regulations issued
in w/c he is prohibited by the Constitution or by law from having pursuant to the law.
any interest. 3. Any act lawfully performed in an official capacity or in
 Actual intervention in the transaction w/c one has the exercise of a profession.
financial or pecuniary interest is required in order that
liability may attach.  Section 6. Prohibition on Members of Congress

 Directly or indirectly becoming interested, for  Members of Congress during their term is
personal gain, or having material interest in any transaction or prohibited to acquire or receive any personal pecuniary interest
act requiring the approval of a board, panel or group of w/c he in any specific business enterprise w/c will be directly &
is a member, & w/c exercises discretion in such approval, even particularly favored or benefited by any law or resolution
if he votes against the same or does not participate in the authored by him.
action of the board, committee, panel or group.
Interest for personal gain shall be presumed against  The prohibition shall also apply to any public
those public officers responsible for the approval of manifestly officer who recommended the initiation in Congress of the
unlawful, inequitable, or irregular transactions or acts by the enactment or adoption of any law or resolution, & acquires or
board, panel or group to w/c they belong. receives any such interest during his incumbency.

 (j) Knowingly approving or granting any license,  The member of Congress or other public officer,
permit, privilege or benefit in favor of any person not qualified who, having such interest prior to the approval of a law or
for or not legally entitled to such license, permit, privilege, or resolution authored or recommended by him, continues for
advantage, or of a mere representative or dummy of one who thirty days after such approval to retain his interest, also
is not is qualified or entitled. violates this section.

 (k) Divulging valuable information of a confidential  Section 7. Statement of assets and liabilities.
character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such  Every public officer shall prepare & file a true &
information in advance of its authorized date. detailed sworn statement of assets & liabilities, including a
statement of the amount & sources of his income, the amount
 Note: The person giving the gift, present, share, percentage of his personal & family expenses & the amount of income
or benefit referred to in subparagraphs (b) & (c); or offering or taxes paid for the next preceding calendar year.
giving to the public officer the employment mentioned in
subparagraph (d); or urging the divulging or untimely release of  Section 8. Prima facie evidence of and dismissal due to
the confidential information referred to in subparagraph (k), unexplained wealth.
together with the public officer, shall be punished under
Section nine of this Act and shall be permanently or  A public official has been found to have acquired
temporarily disqualified in the discretion of the Court, from during his incumbency, whether in his name or the name of
transacting business in any form with the Government. other persons, an amount of property and/or money manifestly
out of proportion to his salary and to his lawful income (RA
 Section 4. Prohibition on private individuals. #1379) – ground for dismissal or removal

 (a) Taking advantage of family or close personal  Circumstances w/c may be taken into
relation with public official is punished. consideration to enforce this section:
 The offender is any person who has family or close 1. Properties in the name of spouse & other dependents
personal relation with any public official who has to of the public official, when their acquisition through
intervene in some business, transaction, application, legitimate means cannot be satisfactorily shown.
request or contract of the Government with any 2. Bank deposits in the name of or manifestly excessive
person. expenditures incurred by the public official, his spouse
 The act constituting the crime: capitalizing or or any of their dependents including frequent travel
exploiting or taking advantage of such family or close abroad of a non-official character by any public official
personal relation by directly or indirectly requesting or when such activities entail expenses evidently out of
receiving any present, gift, or material or pecuniary proportion to legitimate income.
advantage from the person having business,
transaction, application, request or contract with the  These circumstances constitute a valid ground for the
Government. administrative suspension of the public official for an indefinite
 (b) Knowingly inducing or causing any public official to period until the investigation of the unexplained wealth is
commit any of the offenses defined in Section 3. completed.

 Section 5. Prohibition of certain relatives.  Section 11. Prescription of offenses.

 The spouse or any relative, by consanguinity, w/in the  15 years – prescriptive period of all offenses under
3rd civil degree, of the President, the Vice-President, Senate the Act.
President, or the Speaker of the House of Representatives is
prohibited to intervene directly or indirectly, in any business,  Section 12. Termination of office.
transaction, contract or application with the Government. No public officer is allowed to resign or retire:
1. Pending investigation, criminal or administrative or
 Exceptions to the provisions: 2. Pending a prosecution against him, or
 3. For any offense under the Act or under the provisions
of the RPC on bribery. It is not necessary to prove each and every criminal act done.
A pattern of overt or criminal acts indicative of the over-all
 Section 14. Exception. unlawful scheme or conspiracy shall be sufficient.

 Unsolicited gifts or presents of small or insignificant  Section 5. Suspension and Loss of Benefits.
value offered or given as a mere ordinary token of gratitude of
friendship according to local custom or usage.  Pending valid information in court for violation of this Act -
Suspension of Public Officer
 The practice of any profession, lawful trade or
occupation by any private person or by any public officer who  Conviction by final judgment - Loss of all retirement or
under the law may legitimately practice his profession, trade or gratuity benefits
occupation, during his incumbency, except where such practice
involves conspiracy w/ any other person or public official to  Acquittal - Reinstatement and entitlement to salaries and
commit any of the violations penalized in this Act other benefits which he failed to receive during suspension

 ANTI-PLUNDER ACT  Section 6. Prescription of Crimes

RA 7080
 20 years - prescription
 Section 1. Definition of Terms.
ART. 213- FRAUDS AGAINST THE PUBLIC TREASURY &
a. Public Officer - any person holding any public SIMILAR OFFENSES
office in the Government by virtue of an appointment, election
or contract. Punishable Acts:
1) Entering into an agreement with any interested party or
b. Government - includes the National Government, speculator or making use of any other scheme, to defraud the
and any of its subdivisions, agencies or instrumentalities, Government, in dealing with any person with regard to
including government-owned or controlled corporations and furnishing supplies, the making of contracts, or the adjustment
their subsidiaries. or settlement of accounts relating to public property or funds
2) Demanding, directly or indirectly, the payment of sums
c. Ill-gotten wealth - any asset, property, business different from or larger than those authorized by law, in the
enterprise or material possession of any person, which he collection of taxes, licenses, fees, and other imposts
acquired directly or indirectly through dummies, nominees, 3) Failing to voluntarily to issue a receipt, as provided by law,
agents, subordinates and or business associates. for any sum of money collected by him officially, in the
collection of taxes, licenses, fees and other imposts
 Means or schemes to acquire ill-gotten wealth: 4) Collecting or receiving, directly, or indirectly, by way of
payment or otherwise, things or objects of a nature different
1. Through misappropriation, conversion, misuse or from that provided by law, in the collection of taxes, licenses,
malversation of public funds or raids on the public treasury fees and other imposts
2. By receiving, directly or indirectly, any commission,
gift, share, percentage or any other form of pecuniary benefit ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY
from any person and/or entity in connection with any (PAR.1):
government contract/project or by reason of his 1) That the offender be a public officer
office/position 2)That he should have taken advantage of his office, that is, he
3. By the illegal or fraudulent conveyance or intervened in the transaction in his official capacity
disposition of assets belonging to the Government 3) That he entered into an agreement with any interested party
4. By obtaining, receiving or accepting, directly or or speculator or made use of any other scheme with regard to
indirectly, any shares of stock, equity, or any other form of (1) furnishing supplies (2) that making of contracts, or (3) the
interest or participation including the promise of future adjustment or settlement of accounts relating to public property
employment in any business enterprise or undertaking of funds
5. By establishing agricultural, industrial or 4) That the accused had intent to defraud the Government.
commercial monopolies or other combinations and/or
implementing decrees and orders intended to benefit particular  Crime of frauds against public treasury is consummated by
persons or special interests merely entering into an agreement with any interested party or
6. By taking undue advantage of official position, speculator or by merely making use of any other scheme to
authority, relationship, connection or influence to defraud the Government.
unjustly enrich himself or themselves
ELEMENTS OF ILLEGAL EXACTIONS:
 Note: These may be committed by combination or through a 1) The offender is a public officer entrusted with the collection
series. of taxes, licenses, fees, & other imposts
2) He commits any of the ff. acts:
 Section 2. Definition of the Crime of Plunder; Penalties. a. Demanding, directly or indirectly, the payment of sums
different from or larger than those authorized by law
 Plunder - a crime committed by any public officer, by b. Failing voluntarily to issue a receipt, as provided by
himself, or in connivance with his family, relatives by affinity or law, for any sum of money collected by his officially
consanguinity, business associates, subordinates or other c. Collecting or receiving, directly or indirectly, by way of
persons, by amassing, accumulating or acquiring ill-gotten payment or otherwise, things or objects of a nature
wealth in the aggregate amount or total value of at least 50 different from that provided by law
million pesos
 Mere demand for larger or different amount is sufficient to
 Penalty - Reclusion Perpetua to Death consummate the crime

 Mitigating and extenuating circumstances shall be  When there is deceit in demanding greater fees than those
considered by the courts in the imposition of penalty. prescribed, the crime is ESTAFA and NOT ILLEGAL
EXACTION
 Section 4. Rule of Evidence.
 Officers or employees of the Bureau of Internal Revenue or
Bureau of Customs not covered by this article. The National
Internal Revenue Code or the Administrative Code applies.

 ART. 214- OTHER FRAUDS

 The offender is a public officer who takes advantage of his

official position.

 ART. 215- PROHIBITED TRANSACTIONS

ELEMENTS:
1) That the offender is an appointive public officer
2) That he becomes interested, directly or indirectly, in any
transaction of exchange or speculation
3) That the transaction takes place within the territory subject
to his jurisdiction
4) That he becomes interested in the transaction during his
incumbency

 ART. 216- POSSESSION OF PROHIBITED INTEREST

BY A PUBLIC OFFICER

PERSONS LIABLE
1) Public officer who, directly or indirectly, became interested in
any contract or business which it was his official duty to
intervene
2) Experts, arbitrators, and private accountants who, in like
manner, took part in any contract or transaction connected with
the estate or property in the appraisal, distribution or
adjudication of which they had acted
3) Guardians and executors with respect to the property
belonging to their wards or the estate

 Actual fraud is not necessary

 Intervention must be by virtue of the public office held

 Correlate with Art. VI Sec. 14 of the 1987 Constitution; Art.

VII Sec. 13 and Art. IX-A Sec. 2