REVISED PENAL CODE BOOK II

A 114 treason

*Offender is a Filipino Citizen or an alien residing in the Phil.

*That there is war and Phil is involved

*Offender either-levies war against Gov

Adheres to the enemies, giving them aid and comfort

A 116

Offender owes allegiance to the Gov and not a foreigner Knowledge of conspiracy Does not disclose to governor or fiscal of the province or the mayor or fiscal of the city in which he reside.

An exception to the rule that mere silence does not make a person criminally liable.

A 117

Ways of committing espionage1. Without authority therefor, enters a warship, fort, or naval or military

establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago

The offender enters without authority to the places mentioned

Having the purpose to obtain information confidential in nature relative to the defense of the State.

2. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.

Offender is a public officer

In possession of the articles due to his position

Discloses the contents to a representative of a foreign nation

*SEE COM ACT No. 616

A 118

Offender performs unlawful or unauthorized acts Such acts provoke or give occasion for a war involving or liable to involve the Phil. Or

exposes Filipino citizens to reprisals on their persons or property

Intention of the offender is immaterialCommitted in time of peace

A 119

There is war in which Phil is not involved Existing regulation issued by competent authority for enforcing neutrality Offender violated such regulation

A 120

War time, Phil involved Offender makes correspondence Correspondence is either

-prohibited by Gov-carried on in ciphers or conventional signs-containing notice or information which might by useful to the enemy

PROHIBITION BY GOV IS NOT ESSENTIAL IN PAR 2 AND 3

A 121

There is war in which Phil is involved Offender owes allegiance to Phil/ or an Alien resident Offender attempts to flee or go to enemy country Prohibited by competent authority

A 122

Ways of committing piracy

-shall attack or seize a vessel on high seas or in Phil waters.

- Not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers.

PIRACY proper

* vessel on high seas or Phil water

* offenders not member or passenger of Ship

* offenders committed said acts

MUTINY Member or passenger Intent to ignore/ unlawful resistance or causing disturbances

See PD 532 and RA 7659

A 124

Offender is a public officer OR employee Detains a person Without legal grounds

RESTRAINT RESULTING FROM FEAR ----ASTORGA VS. PEOPLE

LEGAL GROUNDS FOR THE DETENTION OF ANY PERSON

-commission of the crime-violent insanity or any other ailment requiring the compulsory confinement in a hospital

ARREST WITHOUT WARRANT—LAWFUL-in his presence ( crime was committed )-personal knowledge (based on probable cause)

A 125 Offender is a public officer or employee Detained a person for some legal ground Failure to deliver to proper judicial authorities (not physically,[ charge or filing of

info ])

A 125 does not apply when the arrest is by virtue of a warrant of arrest ( CAN BE DETAINED INDEFINITELY UNTIL HIS CASE IS DECIDED BY THE COURT OR HE POSTS A BAIL FOR TEMPORARY RELEASE) Page 56 RPC II

See page 60 and RA 9372

A 128

Offender is a public officer or employee Not authorized by judicial order to enter the dwelling or to make a search

A129 Requisites for issuing search warrant- Probable cause- Determined personally by the judge in consideration of examination

A 131ACTS PUNISHED

shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same.

hinder any person from joining any lawful association or from attending any of its meetings.

shall prohibit or hinder any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

Offender is public officer or employee Acting without legal ground Offender is a stranger

A 132

Offender is a public officer or employee Religious ceremonies or manifestations of any religion are about to take place or are

going on Offender prevents or disturbs

A 133

Acts complained of were performed in a place devoted to religious worship or during celebration of any religious ceremony.

Acts NOTORIOUSLY offensive There must be DELIBERATE intent

A 134 REBELLION

Public uprising AND taking arms against GOV. Purpose:

Remove allegiance to GOV or its laws:-territory of the Phil or ANY part thereof- any body of land, naval or other armed forces

To deprive Pres or Congress of ANY of their powers or prerogatives

A 134-A COUP d ETAT

Offender belongs to military, police or any public office or employment SWIFT, STEALTHY ATTACK Attack directed against duly constituted authorities of RP or any military camp or

installation--- Purpose of attack is to diminish state power

A 137 Acts of disloyalty

public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them.

A 138

Offender does not take arms or is not in open hostility against the GOV Incited others.

A 139 SEDITION

Offenders rise publicly and VIOLENTLY Employment of force, intimidation, or other means outside of legal methods.

Objects sought to attain:1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. 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 order;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and

5. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof.

A 142

ACTS OF INCITING SEDITION- Inciting others to the accomplishment of any of the acts which constitute sedition by

means of speeches, proclamation, writings, emblems, etc.- Uttering seditious words or speeches which tend to disturb public peace

ELEMENTS

Offender does not take direct part Incites others by the use of___________see above-mentioned

THERE IS NO PROPOSAL TO COMMIT SEDITION, REBELLION, COUP D ETAT.

A 143

There be projected or actual meeting of the Congress or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board.

Any person prevents such meeting by fraud or force

A 144

That there be meeting of the Congress or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board.

Offender disturbs OR behaves as an interruption to the proceeding or to impair respect due it.

A 145

-any person who shall use force, intimidation, threats, or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote

- any public officer or employee who shall, while the Assembly (Congress) is in regular or special session, arrest or search any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor.

A 146

What are illegal assemblies

- Any meeting attended by Armed Persons for the purpose of COMMITTING ANY of the Crimes punishable under the CODE.

There is a meeting Attended by armed persons( totally or partially) Purpose is to commit crime

- 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 agents

A 147 illegal associations.

A 148 DIRECT ASSAULT

WAYS OF COMMITTING THIS CRIME

Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of REBELLION AND SEDITION

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 occasion of such performance

Essential element—offender knows that the one assaulted is a person in authority

A 149 INDIRECT ASSAULT

That a person in authority or his agent is the victim of any of the forms of direct assault in A 148

That a person comes to the aid of such authority or agent Offender makes use of force or intimidation upon such person coming to the aid of

the authority or agent.

A 151 RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON

Person in authority of agent is engaged in the performance of official duty or gives a lawful order to the offender

Offender resists or seriously disobeys such person Act of offender not included in 148-150

A 152 PERSONS IN AUTHORITY- MAYOR- DIVISION SUPERINTENDENT OF SCHOOLS- Teachers- Pres of sanitary division- Fiscal- Justice of the peace- Councilor- Barrio capt or Brgy. Chairman

A 153

-offender, any person-serious disturbance-interruption-outcry tending rebellion or sedition-displaying placards or emblems which provoke disturbance

A 154

-unlawful use of means of publication and unlawful disobedience-civil disobedience*offender must know that the news is false

A 155

A 156

-detention or convicted prisoner

Elements-that there is a person confined in a jail or penal establishment-offender removes therefrom such person or helps the escape of such person

Liability of detention prisoner-noneLiability of convicted-evasion of service of sentence

SEC 7 Rule 120 Crim pro

DECISION of Court-Final when:

Right to appeal expires within 15 day periodWaive right to appealService of sentenceApplication for probation excludes appeal

A 157 evasion of service of sentence

Offender is convicted by FINAL JUDGMENT Serving his sentence which consists in deprivation of liberty Evasion by escaping

A 158 this Provision punishes failure to return to penal institution after declaration that state of calamity has ceased to exist

A 160 Offender convicted by final judgment for the 1st offense ( RPC or special law) Committed new FELONY (RPC)

A 161

A 162

the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive was counterfeited

offender knew of the counterfeiting or forgery usage

A 163

there be false or counterfeited coins offender EITHER made, Imported or uttered such coins IN CASE of Uttering such false or counterfeited coins, he connived with the

counterfeiters or importers

A 164

A 165ACTS PUNISHED-possession of coin, counterfeited or mutilated by ANOTHER person, WITH intent to utter the same, knowing that it is false or mutilated

Possession Intent to utter Knowledge

-actually uttering such false coin, knowing the same to be false or mutilated

Actual uttering Knowledge

A 166

The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes, shall be punished

A 167

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

Offender EITHER forged, imported or uttered such instrument That IN CASE of uttering, he connived with the forger or importer

A 168

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 person

Knowledge Offender performs any of these acts ( using/ possessing with intent to use)

A 170

That there be a bill, resolution or ordinance enacted or approve or pending approval by either HOUSE of Legislature or any provincial board or municipal council.

Offender alters the same No proper authority Alteration has changed the meaning of the document

A 171

Offender is a public officer or employee or notary public Takes advantage of his official position By falsifying through

1. Counterfeiting or imitating any handwriting, signature or rubric;

2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;

3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;

4. Making untruthful statements in a narration of facts;

5. Altering true dates;

6. Making any alteration or intercalation in a genuine document which changes its meaning;

7. Issuing in an 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; or

8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated in the preceding paragraphs of this article, with respect to any record or document of such character that its falsification may affect the civil status of persons.

A 172

Offender is a private individual or public officer or employee who did not take advantage of his official position

Commits any acts of falsification in 171 Committed in public or official or commercial document

A 173Uttering-whether private or public engaged in that service

Falsifying-knowledge, usage, intent to cause prejudice

A 174

-physician, public officer or private individual

A 176Paraphernalia-intended for the crime

A 177Usurpation of authority

Usurpation of official functions usurpation made to department or agency of gov.

A 178Using fictitious name

- To conceal crime- Evade sentence- Against public interest

Concealing true name-conceal true identity

A 183Perjury-made statement under oath or issue affidavit upon material matter to competent authority

-willfull or deliberate assertion-required by law to state the truth

A 184- That the offender offered in evidence a false witness or false testimony- That he knew the witness or testimony is false- Offer was made in a judicial or official proceeding- This provision applies without inducement

A 185

A 200Grave scandal

- Offender performs scandalous acts or acts offending decency or good customs- Such act does not constitute another violation of RPC- Committed in public place or within the public knowledge or view

A 201

Author is liable only when it is published with his knowledge