REVISED PENAL CODE BOOK 2

ART. NO.CRIMEELEMENTSPENALTIES

TITLE 1: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

A. CRIMES AGAINST NATIONAL SECURITY1. Treason (Art. 114)2. Conspiracy and proposal to commit treason (Art. 115)3. Misprision of treason (Art. 116) 4. Espionage (Art. 117)B. CRIMES AGAINST THE LAW OF NATIONS1. Inciting to war or giving motives for reprisals (Art. 118)2. Violation of neutrality (Art. 119)3. Correspondence with hostile country (Art. 120)4. Flight to enemys country (Art. 121)5. Piracy in general and mutiny on the high seas or in Philippine waters (Art. 122)

SECTION 1: TREASON AND ESPIONAGE

114TREASON1. offender is a Filipino citizen or an alien residing in the Philippines2. there is a war in which the Philippines is involved3. offender either:a. levies war against the Government b. adheres to the enemies, giving them aid or comfort

115CONSPIRACY AND PROPOSAL TO COMMIT TREASONA. CONSPIRACY TO COMMIT TREASON1. 2 or more persons2. in time of war3. agreement to levy war against government or to adhere to the enemies and give them aid or comfort4. decision to commit it

B. PROPOSAL TO COMMIT TREASON1. a person who has decided to levy war against the government or to adhere to the enemies and to give them aid or comfort2. proposal of its execution to other person/s

116MISPRISION OF TREASON1. offender owing allegiance to the Government & not a foreigner2. offender has knowledge of any conspiracy (to commit treason) against the Government3. offender conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or city in which he resides

117 ESPIONAGE2 WAYS OF COMMITTING ESPIONAGE A. by entering without authority therefor, a warship, fort, or naval/military establishment or reservation to obtain any information, plans, photographs or other data of confidential nature relative to the defense of the PhilippinesELEMENTS1. offender enters any of the places mentioned therein2. offender has no authority3. purpose is to obtain information, plans, photographs or other data of confidential nature relative to the defense of the Philippines

B. by disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in par. 1 of Art. 117, which he had in possession by reason of the public office he holds1. offender is a public officer2. offender has in his possession the articles, data or information referred to in par. 1 of Art. 117, by reason of the public office he holds3. offender discloses their contents to a representative of a foreign nation

SECTION 2: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

CRIMES PROVOKING WAR AND DISLOYALTY IN CASE OF WAR1. Inciting to war or giving motives for reprisals2. Violation of neutrality3. Correspondence with hostile country4. Flight to enemys country

118INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS1. offender performs unlawful or unauthorized acts2. such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property

119VIOLATION OF NEUTRALITY1. there is a war in which the Philippines is not involved2. there is a regulation issued by competent authority for the purposes of enforcing neutrality3. offender violates such regulation

120CORRESPONDENCE WITH HOSTILE COUNTRY1. time of war in which the Philippines is involved2. offender makes correspondence with an enemy country or territory occupied by enemy troops 3. correspondence is either a. prohibited by Governmentb. carried on in ciphers or conventional signsc. containing notice or information which might be useful to the enemy

121FLIGHT TO ENEMYS COUNTRY1. there is a war in which the Philippines is involved2. offender must be owing allegiance to the Government 3. offender attempts to flee or go to enemy country4. going to enemy country is prohibited by competent authority

122 PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS2 WAYS OF COMMITTING PIRACY1. by attacking or seizing a vessel on the high seas or in Philippine waters2. by seizing in the vessel while on the high seas or in Philippine waters the whole or any part of its cargo, its equipment or personal belongings of its complement or passengers

ELEMENTS1. the vessel is on the high seas or in Philippine waters2. offenders are not members of its complement or passengers of the vessel3. offenders either:a. attack or seize the vesselb. seize the whole vessel or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers

123QUALIFIED PIRACYPIRACY OR MUTINY IS QUALIFIED BY ANY OF THE FOLLOWING CIRCUMSTANCES1. offenders have seized the vessel by boarding or firing upon the same2. pirates have abandoned their victims without means of saving themselves3. crime is accompanied by murder, homicide, physical injuries or rape

TITLE 2: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CHAPTER 1: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST RELIGIOUS WORSHIP

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE1. Arbitrary detention (Art. 124)2. Delay in the delivery of detained persons to the proper judicial authorities (Art. 125)3. Delaying release (Art. 126)4. Expulsion (Art. 127)5. Violation of domicile (Art. 128)6. Search warrants maliciously obtained and abuse in the service of those legally obtained (Art. 129)7. Searching domicile without witnesses (Art. 130)8. Prohibition, interruption and dissolution of peaceful meetings (Art. 131)9. Interruption of religious worship (Art. 132)10. Offending the religious feelings (Art. 133)

SECTION 1: ARBITRARY DETENTION AND EXPULSION

124ARBITRARY DETENTION1. offender is public officer/employee2. he detains a person (w/o warrant of arrest)3. detention w/o legal grounds

125DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES1. public officer/employee2. detention with legal grounds3. he fails to deliver such person to the proper judicial authorities within:a. 12 hours light penaltiesb. 18 hours correctional penaltiesc. 36 hours afflictive penalties

126DELAYING RELEASE3 ACTS PUNISHABLE UNDER ART. 1261. by delaying the performance of a judicial or executive order for the release of a prisoner2. by unduly delaying the service of the notice of such order to said prisoner3. by unduly delaying the proceedings upon any petition for the liberation of such person

ELEMENTS1. offenders is public officer/employee2. judicial/executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. offender without good reason delays:a. service of the notice of such order to the prisonerb. performance of such judicial/executive order for release of prisonerc. proceedings upon petition for liberation/release of such person

127EXPULSION2 ACTS PUNISHABLE UNDER ART. 1271. by expelling a person from the Philippines2. compelling a person to change his residence

ELEMENTS1. offender is public officer/employee2. he a) expels any person from the Philippines or b) compels a person to change his residence3. offender is not authorized by law

SECTION 2: VIOLATION OF DOMICILE

128VIOLATION OF DOMICILEACTS PUNISHABLE UNDER ART. 1281. by entering any dwelling against the will of the owner2. by searching papers or other effects found therein without previous consent of such owner 3. by refusing to leave the premises after having surreptitiously entered said dwelling and after having been required to leave the same

ELEMENTS COMMON TO 3 ACTS1. offender is public officer/employee2. he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effect

129SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINEDACTS PUNISHABLE IN CONNECTION WITH SEARCH WARRANTS1. by procuring a search warrant without just cause2. by a) exceeding his authority or by b) using unnecessary severity in executing a search warrant legally procured

ELEMENTS OF EXCEEDING AUTHORITY OR USING UNNCESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED1. offender is a public officer/employee2. he has legally procured a search warrant3. he exceeds his authority or uses unnecessary severity in executing it

130 SEARCHING DOMICILE WITHOUT WITNESSESELEMENTS1. offender is a public officer/employee2. with search warrant legally procured3. he searches the domicile, papers or other belongings of any personowner or any member of his family or two witnesses residing in the same locality are not present

SECTION 3: PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS

131PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGSACTS PUNISHABLE IN CONNECTION WITH PEACEFUL MEETINGS, ASSOCIATIONS AND PETITIONS1. a) by prohibiting or b) interrupting without legal ground the holding of a peaceful meeting or c) by dissolving the same2. a) by hindering any person from joining any lawful association or b) from attending any of its meetings3. by prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances

ELEMENTS COMMON TO THE 3 ACTS1. offender is a public officer/employee2. he performs any of the acts mentioned above

132INTERRUPTION OF RELIGIOUS WORSHIP1. offender is public officer/employee2. religious ceremonies or manifestations of any religion are about to take place or are going on3. offender prevents or disturbs the same

133OFFENDING THE RELIGIOUS FEELINGS1. acts complained of were performed a) in a place devoted to religious worship or b) during the celebration of any religious ceremony2. acts must be notoriously offensive to the feelings of the faithful

TITLE 3: CRIMES AGAINST PUBLIC ORDER

CHAPTER 1: REBELLION, COUP DETAT, SEDITION AND DISLOYALTY

134REBELLION OR INSURRECTION1. that there be:a) public uprisingb) taking arms against the Government2. purpose of the uprising or movement:a) to remove from allegiance to government or its laws:i. territory of the Philippines or any part thereofii. any body of land, naval or other armed forcesb) to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives

134-ACOUP DETAT1. offender is a person or persons belonging to the a) military or b) police or c) holding any public office or employment 2. it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth3. attack is directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power4. purpose of the attack is to seize or diminish state power

135PENALTY FOR REBELLION, INSURRECTION, COUP DETATLIABLE FOR REBELLION, INSURRECTION OR COUP DETATA. The leaders:1. any person who a) promotes, b) maintains, c) heads a rebellion or insurrection 2. any person who a) leads, b) directs, c) commands others to undertake a coup detat

B. The participants:1. any person who a) participates, or b) executes the commands of others in rebellion or insurrection2. any person in the government service who a) participates or b) executes directions or commands of others in undertaking a coup detat3. any person not in the government service who a) participates, b) supports, c) finances, d) abets, e) aids in undertaking a coup detat

136CONSPIRACY AND PROPOSAL TO COMMIT COUP DETAT2 CRIMES PUNISHABLE UNDER ART. 1361. conspiracy to commit rebellion: when two or more persons come to an agreement to rise publicly and take arms against the government for any of the purposes of rebellion and decide to commit it. 2. proposal to commit rebellion: when the person who has decided to rise publicly and take arms against the government for any of the purposes of rebellion proposes its execution to some other person or persons.

137DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEESACTS OF DISLOYALTY1. by failing to resist a rebellion by all the means in their power2. by continuing to discharge the duties of their offices under the control of the rebels3. by accepting appointment to office under them

138INCITING REBELLION OR INSURRECTION1. offender does not take arms or is not in open hostility against the government2. he incites others to the execution of any of the acts of rebellion3. the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end

139SEDITION1. offenders rise a) publicly, and b) tumultuously 2. they employ force, intimidation or other means outside of legal methods3. offenders employ any of those means to attain any of the following objects:a) to prevent the promulgation or execution of any law or the holding of any popular electionb) to prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative orderc) to inflict any act of hate or revenge upon the person or property of any public officer or employeed) to commit, for any political or social end, any act of hate or revenge against private persons or any social classe) to despoil, for any political or social end, any person, municipality or province, or the National Government of all its property or any part thereof.

140PENALTY FOR SEDITIONPERSONS LIABLE FOR SEDITION1. leader 2. other persons participating

141CONSPIRARCY TO COMMIT SEDITIONAn agreement and a decision to attain an object of sedition without any agreement to rise publicly and tumultuously is not conspiracy to commit sedition Such an agreement and decision may constitute a conspiracy to commit direct assault of the first form.

142INCITING TO SEDITIONDIFFERENT ACTS OF INCITING TO SEDITION1. inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.2. uttering seditious words or speeches which tend to disturb the public peace3. writing ,publishing or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace

ELEMENTS1. offender does not take direct part in the crime of sedition2. he incites others to the accomplishment of any of the acts which constitute sedition3. that the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end

CHAPTER 2: CRIMES AGAINST POPULAR REPRESENTATION

SECTION 1: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES

143ACTS TENDING TO PREVENT THE MEETING OF THE NATIONAL ASSEMBLY AND SIMILAR BODIES 1. that there be a projected or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or municipal council or board2. that the offender who may be any person prevents such meeting by force or fraud

144DISTURBANCE OF PROCEEDINGS1. that there be a projected or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or municipal council or board2. that the offender does any of the following acts:a) he disturbs any of such meetingsb) he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it

SECTION 2: VIOLATION OF PARLIMENTARY IMMUNITY

145VIOLATION OF PARLIAMENTARY IMMUNITYACTS PUNISHABLE UNDER ART. 145A. by using force, intimidation, threats, or frauds to prevent any member of the National Assembly from:a) attending the meetings of the Assembly or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereofb) expressing his opinionsc) casting his voteELEMENTS1. offender (any person) uses force, intimidation, threats or fraud2. purpose of the offender is to prevent any member of the National Assembly from:a) attending the meetings of the Assembly or of any of its committees or constitutional commissions b) expressing his opinionsc) casting his vote

B. by arresting or searching any member thereof while the National Assembly is in regular or special session, except in case such member has committed a crime punishable under the Code by a penalty higher than prision mayor. ELEMENTSa) offender is a public officer or employeeb) he arrests or searches any member of the National Assemblyc) the Assembly, at the time of arrest or search, is in regular or special sessiond) the member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor

CHAPTER 3: ILLEGAL ASSEMBLIES AND ASSOCIATIONS

146ILLEGAL ASSEMBLIESWHAT ARE ILLEGAL ASSEMBLIES?A. any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the CodeREQUISITES1. that there is a meeting, a gathering or group of persons whether in a fixed place or moving2. that the meeting is attended by armed persons3. that the purpose of the meeting is to commit any of the crimes punishable under the Code

B. any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agentsREQUISITES1. that there is a meeting, a gathering or group of persons, whether in fixed place or moving2. that the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault

PERSONS LIABLE FOR ILLEGAL ASSEMBLY1. organizers or leaders of the meeting2. persons merely present at the meeting

147ILLEGAL ASSOCIATIONSWHAT ARE ILLEGAL ASSOCIATIONS?1. associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code2. associations totally or partially organized for some purpose contrary to public morals

PERSONS LIABLE FOR ILLEGAL ASSOCIATION 1. founders, directors and president of the association2. mere members of the association

CHAPTER 4: ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS

148DIRECT ASSAULTS2 WAYS OF COMMITTING THE CRIME OF DIRECT ASSAULTSA. without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and seditionELEMENTS1. offender employs force or intimidation2. aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects in the crime of sedition3. no public uprising

B. without public uprising, by attacking, by employing force, or by seriously intimidating or seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties or on the occasion of such performance ELEMENTS1. offender a) makes an attack, b) employs force, c) makes a serious intimidation, d) makes a serious resistance2. person assaulted in a person in authority or his agent3. at the time of the assault the person in authority or his agent a) is engaged in the actual performance of official duties or that he is assaulted b) by reason of the past performance of his official duties4. offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties5. no public uprising

149INDIRECT ASSAULTSS1. person in authority or his agent is the victim of any of the forms of direct assault defined in Art. 1482. person comes to the aid of such authority or his agent3. offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent

150DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONSACTS PUNISHED AS DISOBEDIENCE TO THE NATIONAL ASSEMBLY OR ITS COMMITTEE OR CONSTITUTIONAL COMMISSION1. by refusing, without legal excuse, to obey summons of the National Assembly, its special or standing committees and subcommittees, the Constitutional commissions and its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses2. by refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official3. by refusing to answer any legal inquiry or to produce any books, papers, documents or records in his possession, when required by them to do so in the exercise of their functions4. by restraining another from attending as a witness in such legislative or constitutional body 5. by inducing disobedience to a summons or refusal to be sworn by any such body or official

ELEMENTS OF SIMPLE DISOBEDIENCE (PAR. 2)1. an agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender2. offender disobeys such agent of a person in authoritysuch disobedience is not of a serious nature

151RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON1. a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender2. offender resists or seriously disobeys such person in authority or his agent3. the act of the offender is not included in the provisions of Art. 148, 149 and 150

ELEMENTS OF SIMPLE DISOBEDIENCE1. an agent of a person in authority is engaged in the performance of official duty or gives lawful order to the offender2. offender disobeys such agent of a person in authority 3. such disobedience is not of a serious nature

152PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITYTHE FOLLOWING ARE PERSONS IN AUTHORITY1. municipal mayor2. division superintendent of schools3. public and private school teachers4. teacher-nurse5. president of sanitary division6. provincial fiscal7. justice of the peace8. municipal councilor9. barrio captain and barangay chairman

CHAPTER 5: PUBLIC DISORDERS

153TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER (TUMULTUOUS DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE)WHAT ARE TUMULTS AND OTHER DISTURBANCES OR PUBLIC ORDER1. causing any serious disturbance in a public place, office or establishment2. interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Arts. 131 and 1323. making an outcry tending to incite rebellion or sedition in any meeting, association or public place4. displaying placards or emblems which provoke a disturbance of public order in such place5. burying with pomp the body of a person who has been legally executed

154UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCESACTS PUNISHED AS UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES1. by publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or cause damage to the interest or credit of the State. 2. by encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches. 3. by maliciously publishing or causing to be published any official resolution or document without proper authority or before they have been published officially. 4. by printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printers name, or which are classified as anonymous.

155ALARMS AND SCANDALSACTS PUNISHED AS ALARMS AND SCANDALS 1. discharging any firearm, rocket, firecracker or other explosive within any town or public place, calculated to cause (which produces) alarm or danger2. instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility3. disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements4. causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 is not applicable

156DELIVERING PRISONERS FROM JAIL1. that there is a person confined in a jail or penal establishment2. that the offender removes therefrom such person, or helps the escape of such person

CHAPTER 6: EVASION OF SERVICE OF SENTENCE

157EVASION OF SERVICE OF SENTENCE1. that the offender is a convict by final judgment2. that he is serving his sentence which consists in deprivation of liberty3. that he evades the service of his sentence by escaping during the term of his sentence

158EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES1. that the offender is a convict by final judgment, who is confined in a penal institution2. that there is disorder, resulting from:a. conflagrationb. earthquakec. explosiond. similar catastrophee. mutiny in which he has not participated3. that the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny4. that the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity

159OTHER CASES OF EVASION OF SERVICE OF SENTENCE1. that the offender was a convict2. that he was granted a conditional pardon by the Chief Executive3. that he violated any of the conditions of such pardon

160COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE1. that the offender was already convicted by final judgment of one offense2. that he committed a new felony before beginning to serve such sentence or while serving the same

TITLE FOUR

CHAPTER 1: FORGERIES

SECTION 1: FORGING THE SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE

161COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVEACTS PUNISHED1. forging the great seal of the government of the Philippines2. forging the signature of the President3. forging the stamp of the President

162USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP1. the great seal of the republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person2. the offender knew of the counterfeiting or forgery3. he used the counterfeit seal or forged signature or stamp

SECTION 2: COUNTERFEITING COINS

163MAKING AND IMPORTING AND UTTERING FALSE COINS1. there be false or counterfeited coins2. the offender either made, imported or uttered such coins3. in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers

164MUTILATION OF COINSACTS PUNISHED UNDER ART. 1641. mutilating coins of the legal currency, with the further requirement that there be intent to damage or to defraud another2. importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering

165SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCEACTS PUNISHED UNDER ART. 1651. possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilatedELEMENTS1. possession2. with intent to utter3. knowledge

2. actually uttering such false or mutilated coin, knowing the same to be false or mutilatedELEMENTS1. actually uttering2. knowledge

SECTION 3: FORGING TREASURY OR BANK NOTES, OBLGATIONS AND SECURITIES; IMPORTING AND UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES

166FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER; IMPORTING AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS3 PENALIZED UNDER ART. 1661. forging or falsification of treasury or bank notes or other documents2. importation of such false or forged obligations or notes3. uttering of such false or forged obligations or notes in connivance with the forgers or importers

167COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER1. there be an instrument payable to order or other document of credit not payable to bearer2. offender either forged, imported or uttered such instrument3. in case of uttering, he connived with the forger or importer

168 ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT1. that any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person2. the offender knows that any of those instruments is forged or falsified 3. he performs any of these acts a. using any of such forged or falsified instrumentsb. possessing with the intent to use any of such forged or falsified instruments

169HOW FORGERY IS COMMITTED CRIME OF COUNTERFEITING OR FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER OR TO ORDER INCLUDES:1. acts of counterfeiting or forging said instruments2. acts of falsification

SECTION 4: FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS AND WIRELESS, TELEGRAPH AND TELEPHONE MESSAGES

170FALSIFICATION OF LEGISLATIVE DOCUMENTS1. there be a bill, resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council2. offender alters the same3. he has no proper authority therefor4. the alteration has changed the meaning of the document

171FALSFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER1. the offender is a public officer, employee or notary public2. he takes advantage of his official position3. he falsifies a document by committing any of the following acts:a. counterfeiting or imitating any handwriting, signature or rubricb. causing it to appear that persons have participated in any act or proceeding when they did not in fact so participatec. attributing to persons who have participated in an act or proceeding statements other than those in fact made by themd. making untruthful statements in a narration of factse. altering true datesf. making any alteration or intercalation in a genuine document which changes its meaningg. issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine originalh. intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book 4. in case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons

PAR. 1: COUNTERFEITING OR IMITATING (FEIGNING) ANY HANDWRITING, SIGNATURE OR RUBRIC2 WAYS OF COMMITTING FALSIFICATION UNDER PAR. 1 OF ARTICLE 171:1. counterfeiting, which is imitating any handwriting, signature or rubric2. feigning, which is simulating a signature, handwriting or rubric out of one which does in fact exist REQUISITES1. there be an invent to imitate, or an attempt to imitate 2. the 2 signatures or handwritings, the genuine and the forged, bear some resemblance to each other

PAR. 2: CAUSING IT TO APPEAR THAT PERSONS HAVE PARTICIPATED IN AN ACT OR PROCEEDING1. offender caused it to appear in a document that a person or persons participated in an act or proceeding2. such person or persons did not in fact so participate in the act or proceeding

PAR. 3: ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN ANY ACT OR PROCEEDING STATEMENTS OTHER THAN THOSE IN FACT MADE BY THEM1. a person or persons participated in an act or a proceeding2. such person or persons made statements in that act or proceeding3. offender, in making a document, attributed to such person or persons statements other than those in fact made by such person or persons

PAR. 4: MAKING UNTRUTHFUL STATEMENTS IN A NARRATION1. offender makes in a document statements in a narration of facts2. he has a legal obligation to disclose the truth of the facts narrated by him3. the facts narrated by offender are absolutely false4. the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person

PAR. 5: ALTERING TRUE DATES

PAR. 6: MAKING ALTERATION OR INTERCALATION IN A GENUINE DOCUMENT WHICH CHANGES ITS MEANING1. there be an alteration (change) or intercalation (insertion) on a document2. it was made on a genuine document3. the alteration or intercalation has changed the meaning of the document4. the change made the document speak something false

PAR. 7: ISSUING IN AUTHENTICATED FORM A DOCUMENT PURPORTING TO BE A COPY OF AN ORIGINAL DOCUMENT WHEN NO SUCH ORIGINAL EXISTS, OR INCLUDING IN SUCH A COPY A STATEMENT CONTRARY TO, OR DIFFERENT FROM, THAT OF THE GENUINE ORIGINAL

172FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS3 ACTS PUNISHED UNDER ARTICLE 1721. falsification of public, official or commercial document by a private individual2. falsification of private document by any person 3. use of falsified document

FALSIFICATION UNDER PAR. 1 OF ARTICLE 1721. the offender is a private individual or a public officer or employee who did not take advantage of his official position2. he committed any of the acts of falsification enumerated in Article 1713. the falsification was committed in a public or official or commercial document

4 KINDS OF DOCUMENTS FALSIFIED MUST BE PUBLIC, OFFICIAL OR COMMERCIAL1. PUBLIC DOCUMENT- a document created, executed or issued by a public official in response to the exigencies of the public service, or in the execution of which a public official intervened.- any instrument authorized by a notary public or a competent public official, with the solemnities required by law

2. OFFICIAL DOCUMENT- a document which is issued by a public official in the exercise of the functions of his office- a public document- falls within the larger class called public documents

3. PRIVATE DOCUMENT- 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 or agreement is proved, evidence or set forth- THEATER TICKET is a private document, because it evidences an agreement for the rent of a place in the theater to enable a possessor to witness a theatrical performance

4. COMMERCIAL DOCUMENT- any document defined and regulated by the Code of Commerce or any other commercial law- documents or instruments used by merchants or businessmen to promote or facilitate trade- EXAMPLES:a. letters of exchange, credit, drafts, trade acceptances, checks, notes or pagares issued in the course of a business transaction, quedans, bonds, books of accounts, and in general, any negotiable instrumentb. quedans or warehouse receiptsc. cash files, deposit slips and bank statementsd. surety account, journal books, ledgerse. air way bills; nature of bills lading

PUBLIC AND PRIVATE WRITINGS UNDER THE RULES OF COURTFOLLOWING WRITINGS ARE PUBLIC:1. written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country2. documents acknowledged before a notary public except last wills and testaments3. public records kept in the Philippines, of private documents required by law to be entered therein

ELEMENTS OF FALSIFICATION OF PRIVATE DOCUMENT1. the offender committed any of the acts of falsification, except those in paragraph 7, enumerated in Article 1712. the falsification was committed in any private document3. the falsification caused damage to a third party or at least the falsification was committed with the intent to cause such damage

ELEMENTS OF USE OF FALSIFIED DOCUMENTA. INTRODUCING IN A JUDICIAL PROCEEDING1. the offender knew that a document was falsified by another person2. the false document is embraced in Art. 171 or in any subdivisions No. 1 & 2 of Art. 1723. he introduced said document in evidence in any judicial proceeding

USE IN ANY OTHER TRANSACTION1. the offender knew that a document was falsified by another person2. the false document is embraced in Art. 171 or in any of subdivision No. 1 & 2 or Art. 1723. he used such document (not in judicial proceedings)4. the use of the false document caused damage to another or at least it was used with intent to cause such damage

173FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND TELEPHONE MESSAGES AND USE OF SAID FALSIFIED MESSAGES3 ACTS ARE PUNISHABLE UNDER ARTICLE 1731. uttering fictitious wireless, telegraph or telephone message2. falsifying wireless, telegraph or telephone message3. using such falsified message

UTTERING FICTITIOUS MESSAGE OR FALSIFIYING THE SAME (PAR. 1, ART. 173)ELEMENTS1. the offender is an officer, or employee of the Government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message2. offender commits any of the following acts:a. uttering fictitious wireless, cable, telegraph or telephone messageb. falsifying wireless, cable, telegraph or telephone message

USE OF SAID FALSIFIED MESSAGE 1. the accused knew that wireless, cable, telegraph or telephone message was falsified by any of the persons specified in the first paragraph of Article 1732. the accused used such falsified dispatch3. the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with the intent to cause such prejudice

SECTION 5: FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE AND THE LIKE

174FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERIT OR SERVICE, ETC.PERSONS LIABLE FOR FALSIFICATION OF CERTIFICATES1. physician or surgeon who, in connection with the practice of his profession, issued a false certificate (referring to the illness/injury of a person)2. public officer who issued a false certificate of merit of service, good conduct or similar circumstances3. private individual who falsified a certificate falling in the classes mentioned in 1 & 2

175USING FALSE CERTIFICATES1. a physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate of merit or service, good conduct, or similar circumstances or a private person had falsified any of said certificates2. offender knew that the certificate was false3. offender used the same

SECTION 6: MANUFACTURING, IMPORTING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS INTENDED FOR THE COMMISSION OF FALSIFICATION

176MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATIONACTS PUNISHED UNDER ARTICLE 176:1. making or introducing into the Philippines any stamps, dies , marks or other instruments or implements for counterfeiting or falsification2. possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person

CHAPTER 2: OTHER FALSITIES

SECTION 1: USURPATION OF AUTHORITY, RANK, TITLE AND IMPROPER USE OF NAMES, UNIFORMS AND INSIGNIA

177USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS2 OFFENSES CONTEMPLATED IN ARTICLE 1771. usurpation of authority, covered by the 1st portion 2. usurpation of official functions, covered by the 2nd portion

2 WAYS OF COMMITTING CRIME UNDER ARTICLE 1771. by knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine Government or any foreign government2. by performing any act pertaining to any person in authority or public officer of the Philippine Government or of a foreign government or any agency thereof, under pretense of official position, without being lawfully entitled to do so.

178USING FICTITIUOS NAME AND CONCEALING TRUE NAMEA. USING FICTITIOUS NAME1. offender uses a name other than his real name2. offender uses that fictitious name publicly3. purpose of the offender is:a. to conceal a crimeb. to evade the execution of a judgmentc. to cause damage to public interest

B. CONCEALING TRUE NAME1. offender concealsa. his true nameb. all other personal circumstances2. purpose is only to conceal his identity

179 ILLEGAL USE OF UNIFORMS OR INSIGNIA1. offender makes use of insignia, uniform or dress2. the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member3. said insignia, uniform or dress is used publicly and improperly

SECTION 2: FALSE TESTIMONY

3 FORMS OF FALSE TESTIMONY1. False testimony in criminal cases (Arts. 180 & 181)2. False testimony in civil cases (Art. 182)3. False testimony in other cases (Art. 183)

180FALSE TESTIMONY AGAINST A DEFENDANT1. that there be a criminal proceeding2. offender testifies falsely under oath against the defendant therein3. offender who gives false testimony knows that it is false 4. the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment

181FALSE TESTIMONY FAVORABLE TO THE DEFENDANT1. false testimony in favor of defendant need not directly influence the decision of acquittal 2. false testimony favorable to defendant need not benefit the defendant3. conviction or acquittal of defendant immaterial

182FALSE TESTIMONY IN CIVIL CASES1. testimony must be given in a civil case2. testimony must relate to the issues presented in said case3. testimony must be false4. false testimony must be given by the defendant knowing the same to be false5. testimony must be malicious and given with an intent to affect the issues presented in said case

183FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION2 WAYS OF COMMITING PERJURY1. by falsely testifying under oath2. by making a false affidavit

ELEMENTS1. accused made a statement under oath or executed an affidavit upon a material matter2. statement or affidavit was made before a competent officer authorized to receive and administer oath3. in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood 4. the sworn statement or affidavit containing the falsity is required by law

184OFFERING FALSE TESTIMONY IN EVIDENCE1. offender offered in evidence a false witness or false testimony2. offender knew the witness or the testimony was false3. offer was made in a judicial or official proceeding

CHAPTER 3: FRAUDS

CRIMES CLASSIFIED AS FRAUDS1. Machinations in public auctions (Art. 185)2. Monopolies and combinations in restraint of trade (Art. 186)3. Importation and disposition of falsely marked articles or merchandise made of gold, silver or other precious metals (Art. 187)4. Substituting and altering trademarks and tradenames or service marks5. Unfair competition, fraudulent registration of tradename, trademark, or service mark; fraudulent designation of origin and false description (Art. 189)

SECTION 1: MACHINATIONS, MONOPOLIES AND COMBINATIONS

185MACHINATIONS IN PUBLIC AUCTIONSACTS PUNISHABLE UNDER ARTICLE 1851. by soliciting any gift or promise as a consideration for refraining from taking part in any public auction2. by attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice

ELEMENTS OF SOLICITING GIFTS OR PROMISES1. there be a public auction2. the accused solicited any gift or a promise from any of the bidders3. such gift or promise was the consideration for his refraining from taking part in that public auction4. the accused had the intent to cause the reduction of the price of the thing auctioned

ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY1. there be public auction2. the accused attempted to cause the bidders to stay away from that public auction3. it was done by threats, gifts, promises or any other artifice4. the accused had intent to cause the reduction of the price of the thing auctioned

186MONOPOLIESACTS PUNISHED AS MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE1. combination to prevent free competition in the market by entering into any contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market

2. monopoly to restrain free competition in the market by monopolizing any merchandise or object of trade or commerce, or by combining with any other person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market

3. manufacturer, producer, or processor or importer combining, conspiring, or agreeing with any person to make transactions prejudicial to lawful commerce of to increase the market price of merchandise person liable is the:a. manufacturerb. producerc. processord. importer of any merchandise or object of commerce purpose is:a. to make transactions prejudicial to lawful commerceb. to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Philippines

SECTION 2: FRAUDS IN COMMERCE AND INDUSTRY

187IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYSARTICLES OR MERCHANDISE INVOLVED1. gold2. silver3. other precious metals4. their alloys

ELEMENTS1. offender imports, sells or disposes of any of those articles or merchandise2. the stamps, brands or marks of those articles of merchandise fail to indicate the actual fineness or quality of said metals or alloys3. offender knows that the stamps, brands or marks fail to indicate the actual fineness or quality of the metals or alloys

188SUBSTITUTING AND ALTERING TRADEMARKS, TRADENAMES OR SERVICE MARKSACTS PUNISHABLE UNDER ARTICLE 1881. by a) substituting the tradename or trademark of some other manufacturing or dealer, or a colorable imitation thereof, for the trade name or trademark of the real manufacturer or dealer upon any article of commerce and 2) selling the same2. by selling or by offering for sale such articles of commerce, knowing that the tradename or trademark has been fraudulently used3. by using or substituting the service mark of some other person, or a colorable imitation of such mark, in the sale or advertising of his services4. by printing, lithographing, or reproducing tradename, trademark or service mark of one person, or a colorable imitation thereof, to enable another person to fraudulently use the same, knowing the fraudulent purpose for which it is to be used

189UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADE NAME, TRADEMARK, OR SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN AND FALSE DESCRIPTIONACTS PUNISHED UNDER ARTICLE 189 1. by selling the goods, giving them general appearance of the goods of another manufacturer or dealer (Unfair competition) 2. by a) affixing to his goods or using in connection with his services a false designation of origin, or any false description or representation and b) selling such goods or services (Fraudulent designation of origin; False description)3. by procuring fraudulently from the patent office the registration of trade name, trademark or service mark (Fraudulent registration)

ELEMENTS OF TRADEMARK INFRINGEMENT1. validity of plaintiffs mark2. plaintiffs ownership of the mark3. use of the mark or its colorable imitation by the alleged infringer results in likelihood of confusion

ELEMENTS OF UNFAIR COMPETITION1. confusing similarity in the general appearance of the goods2. intent to deceive the public and defraud a competitor

LIABLE FOR FALSE DESIGNATION OF ORIGINAny person who, or in connection with any goods or services, or any container for goods, uses in commerce, any word, term, name, symbol or device or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which:a) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection or association of such person with another person, or as to the origin, sponsorship or approval of his or her goods, services or commercial activities by another personb) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities or geographic origin of his or her or another persons goods, services or commercial activities