Article 150- Disobedience to Summons issued by the Congress, its

committees and subcommittees, by the Constitutional Commission,

its committees, subcommittees, or divisions

ACTS PUNISHABLE

1. By refusing without legal excuse, to obey summons of the

Congress , i ts specia l or s tanding committees and

subcommittees, the Constitutional commiss ions and i ts

committees , subcommittees or divis ions , or by any

commission or committee chairman or member authorized

to summon witnesses .

2. By refusing to be sworn or placed under affirmation whi le

being before such legis lative or consti tutional body or

officia l

3. By refusing to answer any legal inquiry or to produce any

books, papers documents , or records in his possess ion,

when required by them to do so in the exercise of their

functions .

4. By restraining another from attending as a witness in such a

legis lative or consti tutional body.

5. By inducing disobedience to a summons or refusa l to be

sworn by any such body or officia l .

Article 151- Resistance and Disobedience to a person in authority or

the agents of such person

ELEMENTS PAR 1-

Resistance and Serious Disobedience (PIA and Agent)

1. That a person in authority or his agent is engaged in the

performance of official duty or gives a lawful order to the

offender

2. That the offender resists or seriously disobeys such person

in authority or his agent;

3. That the act of the offender i s not included in the provisions

of Art. 148,149 and 150.

ELEMENTS PAR 2-

Simple Disobedience (Agent only)

1. That an agent of a person in authority i s engaged in the

performance of official duty or gives a lawful order to the

offender

2. That the offender disobeys such agent of a person in

authority

3. That such disobedience is not of a serious nature

Article 152- Persons in Authority and Agents of PIA- Who shall be

deemed as such

PIA- any person directly vested with jurisdiction, whether as an

individual or as a member of some court or governmental

corporation, board or commission

Agent of a PIA- any person who, by direct provision of the law, or by

popular election, or by appointment by a competent authority, is

charged with the maintenance of public order and the protection and

security of life and property

Article 153- Tumults and other Disturbances of Public Order-

Tumultuous Disturbance or Interruption liable to cause Disturbance

Tumults and other Disturbances

1. Caus ing any serious disturbance in a public place, office or

establ ishment

2. Interrupting or disturbing public performances , functions ,

gatherings or peaceful meetings, if the act i s not included in

Art. 131 and 132 (publ ic officia ls are not participants ).

3. Making an outcry tending to incite rebellion or sedition in any meeting, association or publ ic place

4. Displaying placards or emblems which provoke a

dis turbance of publ ic order in such place

5. Burying with pomp the body of a person who has been

lega l ly executed

Article 154- Unlawful Use of Means of Publication and Unlawful

Utterances

ACTS PUNISHABLE

1. By publishing or caus ing to be publ ished, by means of

printing, l ithography or any other means of publ ication as

news any fa lse news that may endanger the public order, or

cause damage to interest or credit of the State

2. By encouraging disobedience to the law or to the duly

constituted authorities by praising, extol l ing, or justi fying

any act punished by law, by the same means or by words ,

utterances or speeches

3. By mal iciously publishing or caus ing to be publ ished any

official resolution or document without proper authori ty or

before they have been publ ished officia l ly

4. By printing, publishing or distributing (or causing the same) books, pamphlets, periodicals or leaflets which do not bear

the rea l printers name or which are class i fied as

anonymous

Article 155- Alarms and Scandals

ACTS PUNISHABLE

1. Discharging any fi rearm, rocket, fi recracker, or other

explosive within any town or publ ic place, ca lculated to

cause a larm or danger

2. Instigating or taking active part in any charivari or other

disorderly meeting offensive to another or prejudicia l to

publ ic tranqui l i ty

3. Disturbing the public place while wandering about at night

or whi le engaged in any other nocturnal amusement

4. Caus ing any disturbance or scandal in publ ic places whi le

intoxicated or otherwise, provided the act is not covered by

Art. 153.

SamsungHighlight

Article 156- Delivering Prisoners from Jail

ELEMENTS

1. That there i s a person confined in a ja i l or penal

establ ishment

2. That the offender removes therefrom such person, or helps

the escape of such person

Article 157- Evasion of Service Sentence

ELEMENTS

1. That the offender i s a convict by fina l judgment

2. That he is serving his sentence which consists a deprivation

of l iberty

3. That he evades the service of his sentence by escaping during the term of his sentence

Article 158- Evasion of Service of Sentence on the Occasions of

Disorder, Conflagrations, Earthquakes, or Other Calamities

ELEMENTS

1. That the offender i s a convict by fina l judgment who is

confined in a penal insti tution

2. That there i s disorder, resulting from:

a . Conflagration

b. Earthquake c. Explos ion

d. Simi lar catastrophe,

e. Mutiny, which he has not participated

3. That the offender evades the service of his sentence by leaving from the penal institution where he is confined on

the occasion of such disorder or during the mutiny; and

4. That the offender fails to give himself up to the authori ties

within 48 hours following the issuance of a proclamation by the Chief executive announcing the pass ing away of such

ca lamity

Article 159- Other Cases of Evasion of Service of Sentence, by violating the conditions of Conditional Pardon

ELEMENTS

1. That the offender was a convict

2. That he was granted a conditional pardon by the chief

executive

3. That he violated any of the conditions of such pardon

Article 160- Commission of another Crime during the Service of

Penalty imposed for another previous offense

ELEMENTS

1. That the offender was already convicted by final judgment

of one offense;

2. That he committed a new felony before beginning to serve

such sentence or whi le serving the same

QUASI-RECIDIVISM RECIDIVISM PROPER

Does not require that the offense

for which the convict is serving

and the new felony committed are

embraced in the same title of the

Code.

It requires that both the first and

the second offenses must be

embraced in the same title of the

Code.

The aggravating circumstances of

recidivism may not be offset by

any ordinary mitigating circumstance present in the

commission of the crime.

The aggravating circumstances of

recidivism may be offset by any

ordinary mitigating circumstance present in the commission of the

crime.

FORGERIES

Article 161- Counterfeiting the Great Seal of the Government of the

Philippine Islands, Forging the Signature or Stamp of the Chief

Executive

ACTS PUNISHABLE

1. Forging the Great Seal of the Government of the Philippines

2. Forging the s ignature of the Pres ident

3. Forging the s tamp of the Pres ident

Article 162- Using Forged Signature or Counterfeit Seal or Stamp

(of the President)

ELEMENTS

1. That the great seal of the Republic was counterfeited or the

s ignature or stamp of the Chief Executive was forged by

another person

2. That the offender knew of the counterfei ting or forgery

3. That he used the counterfei t sea l or forged s ignature or

s tamp

Article 163-Making and Importing and Uttering False Coins

ELEMENTS

1. That there be fa lse or counterfei ted coins

2. That the offender either made, imported or uttered such

coins

3. That in case of uttering such false or counterfeited coins, he

connived with the counterfei ters or importers

Article 164- Mutilation of Coins- Importation and Utterance of

Mutilated Coins

Repealed by PD 247

ACTS PUNISHABLE

1. Wil l ful defacement

2. Muti lation

3. Tearing

4. Burning

5. Destruction of Centra l Bank Notes and Coins

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

Art 164 ACTS PUNISHABLE

1. Muti lating coins of legal currency with the further

requirement that there be intent to damage or defraud

another

2. Importing or uttering such mutilated coins, with the further

requirement that there must be connivance with the

muti lator or importer in case of uttering.

Requisites of Mutilation

1. Coin mutilated is of legal tender

2. Offender gains from the precious metal dust abstracted from the coin

3. It has to be a coin.

Article 165- Selling of False or Mutilated Coin, Without Connivance

ACTS PUNISHABLE

1. Possession of a coin, counterfeited or mutilated by another

person, with intent to utter the same, knowing that i t i s

fa lse or muti lated ELEMENTS:

a. Possession

b. With intent to utter; and

c. Knowledge

2. Actual ly uttering such false or mutilated coin, knowing the

same to be fa lse or muti lated

ELEMENTS:

a. Actual uttering

b. Knowledge

Article 166- Forging treasury or Bank Notes, or other documents Payable to Bearer; Importing and Uttering False or Forged Notes

and Documents

ACTS PUNISHABLE

1. Forging or fa ls i fication of treasury or bank notes or

documents payable to bearer

2. Importing of such fa lse or forged obl igation or notes

3. Uttering of such false or forged obligations or notes with

connivance with forgers ad importers

Article 167- Counterfeiting, Importing, and Uttering Instruments not Payable to Bearer

ELEMENTS

1. That there be an instrument payable to order or other document of credit not payable to bearer

2. That the offender either forged, imported or uttered such

instruments ; and

3. That in case of uttering he connived with the forger or

importer

Article 168- Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments of Credit

ELEMENTS

1. That any treasury or bank note or certi ficate or other

obl igation and securi ty payable to bearer, or any

instrument payable to order or other document or credit

not payable to bearer i s forged or fa ls i fied by another

person

2. That the offender knows that any of those instruments i s

forged or fa ls i fied; and

3. That he performs any of these acts :

a . Using any of such forged or falsified instruments ,

or b. Possessing with intent to use any of such forged

or fa ls i fied instruments

Article 169- How is Forgery Committed

1. By giving to a treasury or bank note or any instrument

payable to bearer or to order, the appearance of a true and genuine document

2. By erasing, substi tuting, counterfei ting, a l tering by any

means the figures, letters , or words , or s igns conta ined

therein

Article 170- Falsification of Legislative Documents

ELEMENTS

1. That there be a bill, resolution, or ordinance enacted or

approved or pending approval by Congress or any provincial

or municipa l counci l

2. That the offender a l ters the same

3. That he has no proper authori ty therefore

4. That the a l teration has changed the meaning of the

document

FORGERY FALSIFICATION

Committed by giving to a treasury

or bank note or any instrument

payable to the bearer or to order

the appearance of true and genuine document.

Committed by erasing, substituting,

counterfeiting, or altering by any

means, the figures, letters, words,

or signs contained therein.

Article 171- Falsification by Public Officer, Employee, or Notary or

Ecclesiastical Minister

ELEMENTS 1. Offender is a publ ic officer, employee, or notary publ ic.

2. He takes advantage of his officia l pos i tion

a . He has the duty to make or prepare or to

otherwise intervene in the preparation of the

document; or

b. He has the official custody of the document which

he fa ls i fies .

3. He fa lsifies a document by committing any of the following

acts :

a . Counterfei ting or imitating any handwriting,

s ignature or rubric;

b. Caus ing i t to appear that persons have

participated in any act or proceeding when they

did not in fact so participate;

c. Attributing to persons who have participated in

an act or proceeding s tatement other than those

in fact made by them;

d. Making untruthful statements in a narration of

facts

e. Altering true dates

f. Making any a l teration or interca lation in a

genuine document which changes i ts meaning

g. Is suing in authenticated form a document

purporting to be a copy of any original document

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

when no such copy a s tatement contrary to, or

di fferent from that of the genuine origina l

h. Intercalating any instrument or note relative to

the i ssuance thereof in a protocol , regis try or

officia l book

4. In case the offender i s an ecclesiastical minister, the act of fa lsification i s committed with respect to any record or document of such character that the falsification may affect the civi l s tatus of persons .

ACTS OF FALSIFICATION and REQUISITES

A. Counterfeiting or imitating any handwriting, signature or

rubric

1. That there be intent to imitate or an attempt to

imitate

2. That the two signatures or handwritings, the genuine and the forged, bear some resemblance

to each other

B. Caus ing it to appear that persons have participated in any

act or proceeding when they did not in fact so participate

1. That the offender caused it to appear in a

document that a person or persons participated

in any act or a proceeding

2. That such person did not in fact participate in

such act or proceeding

C. Attributing to persons who have participated in an act or

proceeding statement other than those in fact made by

them

1. That a person or persons participated in an act or

proceeding

2. That such person or persons made s tatements in

that act or proceeding

3. That the offender, in making a document, attributed to such persons statements other than

those made by such person or persons

D. Making untruthful s tatements in a narration of facts

1. That the offender makes in a document

untruthful s tatements in a narration of facts;

2. That he has legal obligation to disclose the truth

of the facts narrated by him;

3. The facts narrated by the offender are absolutely

fa lse.

4. That the perversion of truth in the narration of

facts was made with the wrongful intent of

injuring a third person

E. Altering true dates

Dates must be essentia l

Alteration must affect the veraci ty of document

or the effects thereof

F. Making any a lteration or intercalation in a genuine

document which changes i ts meaning

1. That there be an alteration or intercalation on a

document

2. That i t was made on a genuine document

3. That the alteration or intercalation has changed

the meaning of a document

4. That the change made the document speak

something else

G. Is suing in authenticated form a document purporting to be

a copy of any origina l document when no such copy a

s tatement contrary to, or different from that of the genuine

origina l

If theres no knowledge, fa ls i fication through

negl igence

H. Intercalating any instrument or note relative to the

i ssuance thereof in a protocol, registry or official book

Article 172- Falsification by Private Individuals and Use of Falsified Instruments

ELEMENTS Par 1

1. That the offender is a private individual or a publ ic officer

or employee who did not take advantage of his officia l

pos i tion

2. That he committed any of the acts of fa ls i fication

enumerated in Art 171

3. That the falsification was committed in any public or official

or commercia l document

ELEMENTS Par 2

1. That the offender committed any of the acts of falsification,

except those in paragraph 7 and 8, enumerated in Art 171

2. That the fa ls i fication was committed in any private

document

3. That the falsification caused damage to a thi rd party or

atleast the falsification was committed with intent to cause

such damage

ELEMENTS Par 3 Introducing in a Judicial Proceeding

1. That the offender knew that a document was fa ls i fied by

another person

2. That the false document is embraced in Art 171 or in any

subdivis ions Nos . 1 and 2 of Art 172

3. That he introduced sa id document in evidence in any

judicia l proceeding

ELEMENTS Par 3

Use in any other Transaction

1. That the offender knew that a document was fa ls i fied by

another person

2. That the false document is embraced in Art 171 or in any

subdivis ions Nos . 1 and 2 of Art 172

3. That the use of the documents caused damage to another

or at least was used with intent to cause such damage

Article 173- Falsification of Wireless Cable, Telegraph, and

Telephone Messages and use of said Falsified Messages

ACTS PUNISHABLE

1. Uttering ficti tious wireless telegraph or telephone

messages or fa ls i fying the same (par 1)

ELEMENTS

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungUnderline

SamsungUnderline

SamsungUnderline

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungUnderline

SamsungUnderline

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungUnderline

SamsungUnderline

SamsungUnderline

SamsungUnderline

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

a. That the offender i s an officer or employee of the

government or an officer or employee of a private

company engaged in the service of sending or

receiving wireless, cable or telephone message; and

b. That the accused commits any of the fol lowing acts :

Uttering fictitious wireless, cable, telegraph

or telephone message; or

Fals i fying wireless , cable, telegraph or

telephone message

2. Use of sa id Fa ls i fied Messages (par 2)

ELEMENTS

a. That the accused knew that wireless, cable, telegraph,

or telephone message was fa ls i fied by any of the

person speci fied in the fi rs t paragraph of Art 173

b. That the accused used such fa ls i fied dispatch

c. That the use of such falsified dispatch resulted in the

prejudice of a third party, or that the use thereof was

with intent to cause such prejudice

Article 174- FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERITS OR SERVICE, ETC

PERSONS LIABLE

1. Phys ician or surgeon who, in connection with the practice

of his profession, i ssued a false certificate which refers to

the i l lness or injury of a person.

2. Publ ic officer who issued a fa lse certi ficate of meri t of

service, good conduct or s imi lar ci rcumstances .

3. Private individual who falsified a certificate under (1) and

(2).

Article 175- Using False Certificates

ELEMENTS

1. That a physician or surgeon has i ssued a fa lse medica l

certi ficate, or a public officer has issued a false certificate of

meri t or service, good conduct, or similar ci rcumstances, or

a private person had fa ls i fied any of sa id certi ficates ;

2. That the offender knew that the certificate was fa lse; and

3. That he used the same.

Article 176- Manufacturing and Possession of Instruments or

Implements for Falsification

ACTS PUNISHABLE

1. Making or introducing into the Philippines any s tamps, dies

or marks or other instruments or implements for

counterfei ting or fa ls i fication.

2. Possess ing with intent to use the instruments or

implements for counterfeiting or fals i fication made in or

introduced into the Phi l ippines by another person.

Article 177- Usurpation of Authority or Official Functions

ACTS PUNISHABLE

1. Usurpation of authori ty: By knowingly and fa lsely

representing onesel f to be an officer, agent or

representative of any department or agency of the

Phi l ippine or any foreign government

2. Usurpation of officia l functions : By performing an act

perta ining to any person in authority or public officer of the

Phi l ippines or foreign government under the pretense of

such official position, and without being lawfully entitled to

do so.

Article 178- Using Fictitious Name and Concealing True Name

ELEMENTS (Using Fictitious Name)

1. That the offender uses a name other than his rea l name;

2. That he uses that ficti tious name pu bl icly;

3. That the purpose of the offender i s

a . To conceal a crime, b. To evade the execution of a judgment, or

c. To cause damage to publ ic interest.

ELEMENTS (Concealing True Name)

1. That the offender conceals

a . his true name, and

b. al l other personal circumstances; and

2. That the purpose is only to conceal his identity.

Article 179- Illegal Use of Uniforms Or Insignia

ELEMENTS

1. That the offender makes use of insignia, uni form or dress ;

2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he i s

not a member; and

3. That said insignia, uniform or dress i s used publ icly and

improperly.

FALSE TESTIMONIES

Article 180- False Testimony against a Defendant

ELEMENTS

1. That there be a Criminal proceeding;

2. Offender testifies falsely under oath against the defendant

therein;

3. Offender knows that it i s false; and

4. The defendant against whom the false testimony is given is

ei ther acquitted or convicted in a final judgment.

Article 181- False Testimony in Favor to the Defendant

NOTES:

False testimony by negative statement is still in favor of the defendant.

False testimony in favor of defendant need not di rectly influence the decis ion of acquitta l nor benefi t the

defendant(intent to favor defendant sufficient)

Article 182- False Testimony in Civil Cases

ELEMENTS

1. That the testimony must be given in a civi l case;

SamsungHighlight

SamsungHighlight

SamsungSticky NoteMarked set by Samsung

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

2. That the testimony must relate to the issues presented in

sa id case;

3. That the testimony must be fa lse;

4. That the false testimony must be given by the defendant

knowing the same to be fa lse; and

5. That the testimony must be mal icious and given with an

intent to affect the i ssues presented in the sa id case.

Article 183- False Testimony in other Cases and Perjury in Solemn

Affirmation

ELEMENTS

1. That an accused made a s tatement under oath or made an affidavi t upon a materia l matter;

2. That the s tatement or affidavi t was made before a

competent officer, authorized to receive and adminis ter

oath;

3. That in that statement or affidavi t, the accused made a wi l l ful and del iberate assertion of a fa lsehood; and

4. That the sworn statement or affidavit containing the fals i ty

i s required by law.

Article 184- Offering False Testimony in Evidence

ELEMENTS

1. That the offender offered in evidence a fa lse witness or

fa lse testimony;

2. That he knew the witness or the testimony was fa lse; and 3. That the offer was made in a judicial or official proceeding.

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

TITLE FIVE

CRIMES RELATED TO OPIUM AND OTHER

PROHIBITED DRUGS

THE DANGEROUS DRUGS ACT OF 2002

(R. A. NO. 9165, repealing R. A. NO. 6425 and RPC provisions on

crimes related to opium and other prohibi ted drugs)

ACTS PUNISHABLE

1. Importation of dangerous drugs (even for floral, decorative

and culinary purposes) and/or control led precursors and

essentia l chemica ls

Qual i fying ci rcumstance:

a . If the importation was through the use of a

diplomatic passport, diplomatic faci l i ties or any other means involving the offenders officia l

status .

b. Organizes , manages or acts as a financier

(The protector or coddler i s a lso l iable.)

2. Sale, adminis tration, del ivery, dis tribution and

transportation of dangerous drugs

Qual i fying ci rcumstance:

a . Within 100 meters from a school ;

b. If minors/mentally incapacitated individuals are

used as runners, couriers and messengers of drug pushers ;

c. If the victim of the offense is a minor, or should a

prohibited/regulated drug involved in any offense

under this section be the proximate cause of the

death of a victim thereof

d. Organizes , manages or acts as financier

3. Maintenance of a den, dive, or resort where any controlled

precursor and essentia l chemica l i s sold or used

Qual i fying ci rcumstances :

a . where a prohibi ted/regulated drug i s

administered, delivered, or sold to a minor who is

a l lowed to use the same in such place; or

b. should a prohibited drug be the proximate cause of the death of the person using the same in such

den, dive or resort.

c. Organizes , manages or acts as financier

The protector or coddler i s a lso l iable.

If place owned by thi rd person, the same shall be confiscated and escheated in favor of government

IF

1. Complaint specifically a l lege that such place

used intentional ly for furtherance of crime

2. Prosecution proves intent on part of owner

3. Owner included as accused in criminal

compla int

OPIUM DIVE OR RESORT: place where dangerous

drug and/or controlled precursor and essentia l

chemical is adminis tered, del ivered, s tored for

i l legal purposes, distributed, sold or used in any

form (To be habitual prior conviction,

reputation of place)

4. Being employees or visitors of drug den who are aware of

the nature of such place

For the employee who is aware of nature of place

and any person who knowingly visi ts such place

A person who visited another who was smoking opium shall not be l iable i f the place i s not an

opium dive or resort

5. Manufacture of dangerous drugs and/or control led

precursors and essentia l chemica ls

Aggravating ci rcumstance: Clandestine lab i s

undertaken under the fol lowing ci rcumstances :

1. Any phase conducted in presence or with help of

minors

2. Establ ished/undertaken within 100m of

res idential, business, church or school premises

3. Lab secured/protected by booby traps 4. Concealed with legitimate bus iness operations

5. Employment of practitioner, chemica l engineer,

publ ic officia l or foreigner

Qual ifying ci rcumstance: Organizes, manages or acts

as financier

Prima facie proof of manufacture: presence of

control led precursor and essentia l chemica l or lab

equipment in the clandestine lab

CLANDESTINE LABORATORY: Any faci l i ty used for

i l lega l manufacture of any dangerous drug and or control led precursor and essentia l chemica ls

6. I l lega l chemica l divers ion of control led precursor and

essentia l chemica ls

CHEMICAL DIVERSION: sa le, dis tribution, transport of

legi timately imported, in-trans i t, manufactured or procured

control led precursors or essential chemicals to any person or enti ty engaged in manufacture of dangerous drug and concealment of such

transaction through fraud, destruction of documents, fraudulent use

of permits, misdeclaration, use of front companies or mai l fraud

7. Manufacture or del ivery of equipment, instrument, apparatus, and other paraphernal ia for dangerous drugs

and/or control led precursor and essentia l chemica ls

Acts Punishable:

1. Del iver

2. possess with intent to del iver

3. manufacture with intent to del iver the

paraphernalia, knowing, or under ci rcumstances where one reasonably should know

Qual ifying ci rcumstance - use of a minor or a mental ly

incapaci tated individual to del iver such equipment,

instrument, apparatus or other paraphernal ia

8. Possession of dangerous drugs, regardless of the degree of

puri ty

Penalties are graduated to the amount of drugs

(the only violation where quanti ty matters )

The kinds of drugs have di fferent respective amounts for the graduation of penalties

Qual ifying ci rcumstance: Party, social gathering, or in the proximate company of at least 2 persons , regardless of

quanti ty

Possess ion: unauthorized, ei ther actual or

constructive, i rrespective of quantity, with intent

to possess (ful l knowledge that what was

possessed was any of prohibi ted or regulated

drug)

SamsungHighlight

SamsungHighlight

SamsungHighlight

Elements of possession of opium: (RA 6425)

1. occupancy or taking

2. intent to possess

What i s punished is present possess ion, not past

possess ion

It i s not necessary to a l lege in information that

accused is not authorized to possess opium

9. Possession of equipment, instrument, apparatus and other

paraphernalia fit for introducing dangerous drugs into the

body

Possession of such equipment = Prima facie evidence that possessor has used a dangerous drug and shal l

be presumed to have violated Sec. 15, use of

dangerous drug.

The possession of PARAPHERNALIA is absorbed by USE of dangerous drug.

Qual ifying ci rcumstance: Party, social gathering, or in the

proximate company of at least 2 persons .

10. Use of dangerous drugs

Must be found pos i tive after a confi rmatory test

1st conviction minimum of 6 mos. of rehabilitation

2nd conviction imprisonment and fine

Where the accused is also found to be in possess ion

of dangerous drugs, this Section shall not apply. Sec.

11, possess ion of dangerous drugs , s ha l l apply.

Hence, USE is subsumed by POSSESSION.

Ex. If the offender i s caught with possess ion of

paraphernalia, possession of dangerous drugs and use of

dangerous drugs , the offense i s POSSESSION OF

DANGEROUS DRUGS.

11. Cul tivation or culture of plants which are dangerous drugs

or are sources thereof

The land/portions thereof and/or greenhouses in

which any of the said plants is cultivated or cul tured shall be confiscated and escheated to the State,

unless the owner thereof prove that he did not know

of such cultivation or culture despite the exercise of

due di l igence on his part.

Qual i fying ci rcumstance: 1. The land is part of the publ ic domain

2. Organizes , manages or acts as financier

12. Fa i lure to keep of origina l records of transactions of

dangerous drugs

Persons l iable: practi tioner, manufacturer,

wholesaler, importer, distributor, dealer, or reta i ler

The additional penalty of revocation of his license to

practice his profession in case of a practitioner, or of his or its business license in case of manufacturer,

sel ler, importer, dis tributor or dealer, sha l l be

imposed.

13. Unnecessary prescription of dangerous drugs

Person Liable: Practi tioner who shal l prescribe any

dangerous drug for any person whose

phys ical/physiological condition does not require the use of

thereof or in the dosage therein.

14. Unlawful prescription of dangerous drugs

Also Punishable -

ATTEMPT AND CONSPIRACY TO COMMIT THE FOLLOWING

OFFENSES:

a. Importation of dangerous drugs and/or control led

precursor and essentia l chemica l ,

b. Sale, trading, adminis tration, dispensation, del ivery,

dis tribution and transportation of dangerous drugs and/or

control led precursor and essentia l chemica l ,

c. Maintenance of a den, dive or resort for dangerous drugs ,

d. Manufacture of dangerous drugs and/or control led

precursor and essentia l chemica l , and

e. Cultivation or cul ture of plants which are sources of

dangerous drugs .

The penalty for such attempt and conspiracy i s

the same penalty prescribed for the commiss ion.

Thus , where the offense of sa le was not

consummated, the accused should not be

prosecuted under mere possess ion, but under

Sec. 26. (Justice Pera l ta)

TITLE SIX

CRIMES AGAINST PUBLIC MORALS

PD 1602 Prescribing Stiffer Penalties in Illegal Gambling

PD 483: Betting, Game Fixing or Point- Shaving and Machinations in

Sports Contests

Cockfighting Law of 1974

OFFENSES AGAINST DECENCY and GOOD CUSTOMS

Article 200- Grave Scandal

ELEMENTS

1. That the offender performs an act;

2. That such act/s be highly scandalous as offending against decency or good customs;

3. That the highly scandalous conduct does not express ly fa l l

within any other article of the RPC; and

4. That the act/s complained of be committed in a public place

Article 201- Immoral Doctrines, Obscene Publications and

Exhibitions, and Indecent Shows

PERSONS LIABLE

1. Those who publicly expound or proclaim doctrines that i s

contrary to publ ic morals .

2. Authors of obscene l i terature, publ ished with their

knowledge in any form.

3. Editors publ ishing such obscene l i terature.

4. Owners or operators of establ ishments sel l ing obscene

l i terature.

5. Those who exhibit indecent or immoral plays, scenes , acts

or shows in theaters , fa i rs , cinemas or any other place.

6. Those who sel l , dis tribute, or exhibi t prints , engraving,

sculptures or l i terature which i s offens ive to morals .

Considered as obscene literature or immoral or indecent plays,

scenes or acts

1. Those w/c glorify criminals or condone crimes;

2. those w/c serve no other purpose but to satisfy the market

or violence, lust or pornography;

3. those w/c offend against any race or religion;

SamsungHighlight

SamsungUnderline

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

4. those w/c tend to abet the traffic and the use of prohibited

drugs ; and

5. those that are contrary to law, public order, morals, good

customs, established policies, lawful orders, decrees and

edicts.

Article 202- VAGRANTS and PROSTITUTES

Who are considered VAGRANTS:

1. Those who have no apparent means of subs is tence and

who have the physical ability to work yet neglect to apply

themselves to some useful ca l l ing;

2. Persons found loi tering around publ ic and semi -publ ic places without vis ible means of support;

3. Persons tramping or wandering around the country or the

s treets with no vis ible means of support;

4. Idle or dissolute persons lodging in houses of i l l -fame;

5. Ruffians or pimps and those who habitually associate with prosti tutes (may include even the rich); and

6. Persons found loitering in inhabited or uninhabited places

belonging to others , without any lawful or justi fiable

reason, provided the act does not fa l l within any other

article of the RPC.

PROSTITUTES - women who habitually (not just 1 man)

indulge in sexual intercourse or lascivious conduct for

money or profit (If a man indulges in the same conduct,

the crime committed is vagrancy.)

P.D. 1653 MENDICANCY

Persons Liable

1. Mendicant Those with no vis ible and lega l means of

support, or lawful employment and physically able to work

but neglects to apply himself to lawful calling and instead

uses begging as means of living (higher penalty i f convicted

2 or more times)

2. Any person who abets mendicancy by giving alms on public

roads, sidewalks, parks and bridges except if given through

organized agencies operating under rules and regulations of

Minis try of Publ ic Information

TITLE SEVEN

CRIMES COMMITTED BY PUBLIC OFFICERS

Article 203- Who are Public Officers

REQUISITES

To be a publ ic officer, one must be -

1. Taking part in the performance of publ ic functions in the

Government, or performing public duties as an employee,

agent or subordinate officia l , of any rank or class , in the government or any of i ts branches ; and

2. That his authority to take part in the performance of publ ic

functions or to perform publ ic duties must be

a . by direct provis ion of the law, or

b. by popular election, or

c. by appointment

Malfeasance - Doing of an act which a public officer should

not have done

Misfeasance- Improper doing of an act which a person

might lawful ly do

Nonfeasance- Fa i lure of an agent to perform his

undertaking for the principa l

Article 204- Knowingly Rendering an Unjust Judgment

ELEMENTS

1. That the offender is a judge;

2. That he renders a judgment in the case submitted to him

for decision;

3. That the judgment is unjust; and

4. That the judge knows that the decision is unjust.

Article 205- Judgment Rendered through Negligence

ELEMENTS

1. That the offender i s a judge;

2. That he renders judgment in a case submitted to him for

decis ion;

3. That the judgment i s mani festly unjust; and 4. That i t i s due to inexcusable negl igence or ignorance.

Article 206- Unjust Interlocutory Order

ELEMENTS

1. That the offender i s a judge; and

2. That he performs any of the fol lowing acts :

a . knowingly renders an unjust interlocutory order

or decree, or b. renders a manifestly unjust interlocutory order or

decree through inexcusable negl igence or

ignorance.

Article 207- Malicious Delay in the Administration of Justice

ELEMENTS

1. That the offender i s a judge;

2. That there i s a proceeding in his court;

3. That he delays the adminis tration of justice; and 4. That the delay i s malicious, that is, the delay i s caused by

the judge with deliberate intent to inflict damage on ei ther

party in the case.

Article 208- Malicious Delay in the Administration of Justice

ACTS PUNISHABLE

1. By mal icious ly refra ining from insti tuting prosecution

against violators of the law

2. By mal icious ly tolerating the commiss ion of offenses

ELEMENTS

1. That the offender is a publ ic officer or offi cer of the law

who has a duty to cause the prosecution of, or to prosecute

offenses ;

2. That there is dereliction of the duties of his office, that i s ,

knowing the commission of the crime, he does not cause

a . the prosecution of the criminal (People vs .

Rosa les , G.R. no. 42648) or

b. knowing that a crime is about to be committed he

tolerates i ts commiss ion; (If gi ft/promise i s a

cons ideration for his conduct, crime is di rect

bribery.) and 3. That the offender acts with malice and deliberate intent to

favor the viola tor of the law.

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

Article 209- Betrayal of Trust By An Attorney or Solicitor

Revelation Of Secrets

ACTS PUNISHABLE

1. Caus ing damage to cl ient ei ther

a . by any mal icious breach of profess ional duty, or

b. by inexcusable negl igence or ignorance.

2. Revealing any of the secrets of his client learned by him in

his professional capacity. (Here, damage is not necessary.)

3. Undertaking the defense of the opposing party in the same

case, without the consent of his 1st cl ient, a fter having

undertaken the defense of a cl ient or having received

confidentia l information from sa id cl ient.

Article 210- DIRECT BRIBERY

ELEMENTS

1. That the offender be a public officer; 2. 2. That the offender accepts an offer or promise or receives

a gi ft or present by himself or through another;

3. That such offer or promise be accepted or gift/present

received by the public officer (Mere agreement

consummates the crime and delivery of consideration is not necessary)

a . with a view to committing some crime;

b. in consideration of an execution of an act which

does not constitute a crime, but the act must be

unjust; (contemplates an accepted gift, and an overt act)

c. to refra in from doing something which is his

official duty to do; (should not be a crime)

4. That the act which the offender agrees to perform or which

he executes be connected with the performance of his official duties. (need not be a s tatutory duty)

Article 211- INDIRECT BRIBERY

ELEMENTS

1. That the offender i s a publ ic officer;

2. That he accepts gi fts ; and

3. That the said gifts are offered to him by reason of his office.

Article 211.A- QUALIFIED BRIBERY

ELEMENTS

1. That the offender i s a publ ic officer entrusted with law

enforcement;

2. That he refrains from arresting/ prosecuting offender for crime punishable by reclusion perpetua and/or death (i f

lower penalty than s tated above, di rect bribery i s the

crime); and

3. In cons ideration of any offer, promise or gi ft.

Article 212- CORRUPTION OF PUBLIC OFFICIALS

ELEMENTS

1. That the offender makes offers or promises or gives gi fts or

presents to a publ ic offi cer; and

2. That the offers or promises are made or the gi fts or

presents given to a public officer, under circumstances that

wi l l make the publ ic officer l iable for di rect bribery or

indirect bribery.

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

Persons Liable:

1. Any publ ic officer who shall perform any of the fol lowing

acts :

a . Persuading, inducing or influencing another

public officer to perform an act consti tuting a

violation of rules and regulations duly

promulgated by competent authori ty or an offense in connection with the officia l duties of

the latter, or allowing himsel f to be persuaded,

induced, or influenced to commit such violation

or offense.

2. Any person having family or close personal relation with

any public official who shal l capita l i ze or exploi t or take

advantage of such fami ly or close personal relation by

di rectly or indirectly requesting or receiving any present,

gi ft, or material, or pecuniary advantage from any person having some business, transaction, application, request, or

contract with the government in which such public officia l

has to intervene (Sec. 4)

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

4. Spouse or any relative, by consanguinity or affini ty, within

the 3rd civi l degree, of the President of the Philippines, the

Vice-President, the President of the Senate, or Speaker of the House of Representatives, who shall intervene, di rectly

or indirectly, in any bus iness transaction, contract or

appl icati on with the government (Sec. 5).

5. Any member of Congress, during the term for which he has

been elected, who shall acquire or receive any personal pecuniary interest in any specific business enterprise which

shall be directly and particularly favored or be nefi ted by

any law or resolution authored by him previously approved

or adopted by Congress during his term.

6. Any publ ic officer who recommended the ini tiation in

Congress of the enactment or adoption of any law or

resolution and acquires or receives such interest during his

incumbency.

7. Any publ ic officer who shall fail to file a true, deta i led and

sworn s tatement of assets and l iabi l i ties within 30 days

after assuming office and thereafter on or before the 15th

day of Apri l following the close of every ca lendar year, as

wel l as upon the expiration of his term of office, or upon his res ignation or separation from office (Sec. 7).

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungUnderline

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight

SamsungHighlight