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147. ILLEGAL ASSOCIATIONS They are: 1.

Associations totally or partially organized for the purpose of committing any of the crimes punishable under RPC. 2. Associations totally or partially organized for some purpose contrary to public morals. Persons liable: 1. Founders, directors, and president of the association; 2. Mere members of the association. Illegal Assembly Illegal Association Actual meeting or assembly is necessary; Actual meeting is NOT necessary; Meeting and attendance at such meeting is punished; The act of forming or organizing and membership in the association that are punished; Organizers, leaders, persons at the meeting Founders, directors, president, and members LIABLE LIABLE

148. DIRECT ASSAULTS Force or intimidation Elements: 1. Offender employs force or intimidation 2. Aim attain any of the purposes of REBELLION and SEDITION 3. No public uprising Makes attack, employs force, serious intimidation, serious resistance Elements: 1. Offender makes attack, employs force, makes serious intimidation, serious resistance 2. Victim person in authority or his agent 3. Offender knows victim is a person in authority 4. Victim: (a) engaged in actual performance of duty, or (b) by reason of past performance of duty 5. No public uprising Attack includes offensive or antagonistic movement or action of any kind. Force must be of serious character as to indicate determination to defy the law and its representative at all hazards. ** The force employed need not be serious when the offended party is a person in authority. ** The intimidation or resistance must be serious whether the offended party is an agent only or he is the person in authority. ** When a person in authority or his agent is the one who provokes and attacks another person, the latter is entitled to defend himself and cannot be held liable for assault or resistance not for physical injuries, because he acts in legitimate defense. ** When a person in authority or his agent exceeds his power or acts without authority, it is not the exercise of the functions of his office. When he makes unnecessary use of force or violence and goes beyond the limits of his power, he acts as a private person. ** There can be no assault upon or disobedience to one authority by another when they both contend in the exercise for their respective duties. (The crime committed may be physical injuries only).
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** The accused must have the knowledge that the offended party was a person in authority (or agent) in the exercise of his duties, because the accused must have the intention to offend, injure or assault the offended party as a person in authority or agent of such person. ** The defendant must have the intention to defy the authorities. Qualified assault: 1. committed with a weapon; 2. Offender is a public officer or employee; 3. Offender lays hands upon a person in authority.

149. INDIRECT ASSAULT Elements: 1. Person in authority or his agent is the victim of any if the forms of direct assault; 2. Another person comes to the aid of such authority or his agent; 3. The offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. ** Indirect assault is committed only when direct assault is also committed.

151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR HIS AGENTS Resistance and serious disobedience Elements: 1. Person in authority or his agents engaged in the performance of official duty or gives a lawful order to the offender (direct order) 2. Offender resists or seriously disobeys him 3. Act of offender is not included in articles 148, 149, 150 ** A person cannot be guilty of disobedience to an order which is not addressed to him. ** The accused must have knowledge that the person arresting him is a peace officer. Simple disobedience 1. Person in authority or his agents engaged in the performance of official duty or gives a lawful order to the offender 2. Offender disobeys 3. Disobedience is not of serious nature. ** The order must be lawful otherwise, the resistance is justified.

ART. 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority. A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a
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barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority. In applying the provisions of Articles 148 and151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority ** Directly vested with jurisdiction power and authority to govern and execute laws.

153. TUMULTS AND DISTURBANCES They are: 1. Causing any serious disturbance in a public place, office or establishment; 2. Interrupting or disturbing performances, functions or gatherings or peaceful meetings, if the act is not included in arts. 131 and 132; 3. Making an outcry tending to incite rebellion or sedition in any meeting, association, or public place; 4. Displaying placards or emblems which provoke a disturbance of public order in such place; 5. Burying with pomp the body of a person who has been legally executed. ** Offender a participant in the meeting. ** Serious disturbance must be planned or intended. Outcry to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition; more or less unconscious outburst which is not intentionally calculated to induce others to commit rebellion or sedition.

155. ALARMS AND SCANDALS Punished: 1. Discharging any firearm, rocket, firecracker, or other explosive calculated to cause alarm or danger; 2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility; 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements; 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided art. 153 is not applicable. ** It is the result that counts, and not the intent. ** Anywhere, as long as discharge of firearm, rocket, etc. produced alarm or danger. Charivari sounds designed to annoy and insult.

156. DELIVERING PRISONERS FROM JAIL Elements: 1. Person confined in a jail or penal establishment; 2. Offender removes or helps escape by means of a. violence intimidation, or bribery; b. taking the guards by surprise, if the escape of the prisoner shall take place outside the said establishment.
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** Violence, intimidation and bribery qualifying circumstances ** Mere detention prisoners included. Hospital or asylum considered extension of jail or prison. ** Offender is usually an outsider. An employee of the penal establishment who helps the escape of a person confined therein may also be punished, provided that he does not have the custody or charge of such person. It may also be a prisoner helping another prisoner. If the offender is a public officer who had the prisoner in his custody or charge, he is liable for infidelity in the custody of a prisoner (223). ** By other means substituting a prisoner by taking his place in jail is an example. ** A person delivering a prisoner from jail may be held liable as accessory (treason, murder, or parricide cases only) ** If the prisoner removed is a detention prisoner, such prisoner is not criminally liable. He can only be liable for evasion of service of sentence is he is a convict by final judgment.

157. EVASION OF SERVICE OF SENTENCE Elements: 1. Offender convict by a final judgment 2. Offender serving his sentence which consists of deprivation of liberty 3. Offender evades service of sentence by ESCAPING the term of his sentence ** If the convict escapes without commencing to serve the sentence or without expressly waiving in writing his right to appeal, or he is a detention prisoner or minor delinquent who escapes from confinement offender is not liable for evasion of service of sentence. Qualifying circumstances: 1. Unlawful entry (climbing the wall) 2. Breaking doors, windows, gates, walls, roofs, or floors 3. Using picklocks, false keys, disguise, deceit, violence or intimidation 4. Connivance with other convicts or employees of the penal institution

158. EVASION OF SERVICE DURING DISORDERS Elements: 1. Offender convict by final judgment, confined in a penal institution 2. Disorder conflagration, earthquake, explosion, similar catastrophe, mutiny (he has not participated) 3. Offender evades by leaving penal institution on the occasion of such disorder 4. Offender fails to give himself up to authorities 48 hours following the issuance of the Chief Executive announcing the passing away of such calamity ** The offender must be a convict by final judgment, and must leave the penal institution. ** If the offender fails to surrender, he shall suffer an increase of 1/5 of the time still remaining to be served under the original sentence, NOT TO EXCEED 6 MONTHS. ** If the offender surrenders within 48 hours, he is entitled to 1/5 deduction of the period of his sentence.

160. QUASI-RECIDIVISM Elements: 1. Offender already convicted by final judgment of one offense 2. Committed a new felony (a) before the beginning to serve such sentence; or (b) while serving the same ** First offense need not be a felony (crime under RPC) ** New offense need not be of different character from that of the former offense.

Recidivism Generic aggravating circumstance May be offset by a mitigating circumstances 2 offenses embraced In the same title/code Committed after serving the sentence

Quasi-recidivism Special aggravating circumstance Cannot be offset by a mitigating circumstances 1st offense may be a other violation; 2nd offense should be a felony Committed before beginning to serve or while serving the sentence

TITLE FOUR CRIMES AGAINST PUBLICINTEREST 1. Counterfeiting seal of the government, forging signature or stamp of the Chief Executive (161) 2. Using forged signature or counterfeit seal or stamp (162) 3. Making and importing and uttering false coins (163) 4. Mutilation of coins, importation and uttering of mutilated coins (164) 5. Selling of false or mutilated coins (165) 6. Forging treasury or bank notes or other documents payable to the bearer, importing and uttering such false or forged notes and documents (166) 7. Counterfeiting, importing and uttering instruments not payable to the bearer (167) 8. Illegal possession and use of forged treasury or bank notes and other instruments of credit (168) 9. Falsification of legislative documents (170) 10. Falsification by public officer, employee or notary (171) 11. Falsification by private individuals and use of falsified documents (172) 12. Falsification of wireless, cable, telegraph and telephone messages and use of said falsified messages (173) 13. False medical certificates, certificates of merit or service (174) 14. Using false certificates (175) 15. Manufacturing and possession of instruments or implements for falsification (176) 16. Usurpation of authority and official functions (177) 17. Using fictitious name and concealing true name (178) 18. Illegal use of uniform or insignia (179) 19. False testimony against a defendant (180) 20. False testimony favorable to the defendant (181) 21. False testimony in civil cases (182) 22. Perjury (183)
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23. Offering false testimony in evidence (184) FORGING committed 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; to make false instrument intended to be passed for a genuine one. FALSIFICATION committed by erasing, substituting, counterfeiting or altering by any means the figures, letters, words, or signs contained therein.

171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY, OR ECCLESIASTICAL MINISTER Elements: 1. Offender public officer, employee, notary, or ecclesiastical minister; 2. Offender takes advantage of his official position; 3. Falsifies a document through any of the following: a. Counterfeiting or imitating a handwriting, signature, or rubric; b. Causing it to appear that persons participated in an act or proceeding when they did not in fact so participate; c. Attributing to person who participated in an act or proceeding statements other that those in fact made by them; d. Making untruthful statements in a narration of facts; e. Altering true dates; f. Making any alteration or intercalation in a genuine document which changes its meaning; g. Issuing in an authenticated form a document purporting to be a copy of and original document when no such original exists, or including in such copy statements in contrary to or different from that of the genuine original; and h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book. Ecclesiastical minister- commit any of the offenses enumerated, with respect to any record or document of such character that its falsification may affect the civil status of a person. COUNTERFEITING 1. Intent to imitate, or attempt to imitate 2. The genuine and the forged bear some resemblance to each other MAKING UNTRUTHFUL STATEMENTS 1. Offender makes in a document statements in a narration of facts; 2. Offender- has the LEGAL OBLIGATION to disclose the truth of the facts narrated by him; 3. Facts narrated are ABSOLUTELY FALSE; 4. Such act was made with the WRONGFUL INTENT OF INJURING A THIRD PERSON (for private documents only) ** There is a law requiring the disclosure of the truth. ** The person making false statements must be aware of the falsity of the facts narrated.
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ALTERING TRUE DATES ** Date must be ESSENTIAL the alteration of dates in a document must affect either the VERACITY of the document or the effects thereof. MAKING ALTERATION OR INTERCALATION Elements: 1. There is change or insertion on a document; 2. Made on a GENUINE document; 3. Such change or insertion changes the meaning of the document; 4. Such change speak something FALSE. ISSUING IN AUTHENTICATED FORM 1. Purporting to be a copy of an original when no such original exists; 2. Including in copy a statement contrary to or different from that of the genuine original. ** Liability of private individual is the same as the public officer when there is conspiracy. ** Intent to gain or prejudice is not necessary.

172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS Falsification of public, official, or commercial document by a private individual Elements: 1. Offender private individual or public official or employee who did not take advantage of his official position; 2. He committed any of the acts of falsification enumerated in art 171 3. Falsification was committed in a public, official, or commercial document. PUBLIC DOCUMENT any instrument authorized by a notary public or a competent public official with the solemnities required by law. OFFICIAL DOCUMENT a document issued by a public official in the exercise of the functions of his office. COMMERCIAL DOCUMENT any document defines and regulated by the Code of Commerce. ** The possessor of a falsified document is presumed to be the author of the falsification. ** Lack of malice or criminal intent is a defense in falsification of public document. ** The principal thing punished is the VIOLATION OF PUBLIC FAITH and the PERVERSION OF TRUTH which the document solemnly proclaims prejudice to a third person is immaterial. Falsification of private document: Elements: 1. Offender committed any acts of falsification enumerated in art 172, except in paragraph 7; 2. Falsification is committed in any private document; 3. Falsification caused damage to a third party, or at least with intent to cause such damage. ** Complex crime public, official, or commercial documents ** One crime private document, cannot be complexed with any crime (against property)
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Use of falsified document INTRODUCING IN A JUDICIAL PROCEEDING Elements: 1. Offender knowledge that the document was falsified by another person; 2. False document is embraced in article171 or 172 (par. 1-2); 3. He introduces such document as EVIDENCE in any JUDICIAL PROCEEDING. USE IN ANY OTHER TRANSACTION Elements: 1. Offender knowledge that the document was falsified by another person; 2. False document is embraces in article172 and 172 (par. 1-2) 3. He used such document NOT IN JUDICIAL PROCEEDING; 4. Such use of document caused damage to another or at least was used with intent to cause such damage.

177. USURPATION OF AUTHPRITY OROFFICIAL FUNCTION Committed: 1. By representing himself to be an officer, agent or representative of any department or agency of the government; 2. By performing an act pertaining to a person in authority or public officer. ** Mere act of knowingly and falsely representing oneself to be an officer, etc. is sufficient. There must be positive, express and explicit representation. (1) ** The act performed must pertain to the government, or to any person in authority or to any public officer.

178. USING FICTITIOUS NAME ANDCONCEALING TRUE NAME Using fictitious name Elements: 1. Offender uses a name OTHER that his REAL name 2. He uses this name PUBLICLY 3. Purpose a. conceal a crime; b. evade execution of a judgment; c. cause damage to public interest Concealing true name Elements: 1. Offender conceals a. his true name b. all other personal circumstances 2. Purpose conceal his identity

USE OF UNREGISTERED ALIASES ** Pseudonym solely for literary, cinema, television, radio or other entertainment purposes and in athletic events. ** Proceedings judicial authority for a change of name; name duly recorded in the proper local civil registry.

180. FALSE TESTIMONY AGAINST A DEFENDANT Elements: 1. Criminal proceeding 2. Offender testifies falsely under oath against the defendant 3. Offender knows the falsity of such testimony 4. Defendant must be convicted or acquitted in a final judgment. ** Defendant must be sentenced to a correctional penalty, fine, or must be acquitted.

181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT ** Reason tendency to favor or prejudice the defendant ** The false testimony in favor of defendant need not directly influence the decision of acquittal. ** The false testimony favorable to the defendant need not benefit the defendant. ** Conviction or acquittal of defendant is not necessary. ** The defendant who falsely testified in his own behalf is guilty here. ** Rectification made spontaneously after realizing the mistake is not false testimony.

182. FALSE TESTIMONY IN CIVIL CASES Elements: 1. Testimony given in a civil case; 2. Testimony relates to the issues presented in said case; 3. Testimony is false; 4. Defendant knows the falsity of such testimony; 5. Testimony us malicious and given with intent to affect the issue presented in the case.

183. PERJURY Elements: 1. Accused made a statement under oath or executed an affidavit upon a material matter; 2. Such was made before a competent officer authorized to receive and administer oath; 3. Such was made in a wilful and deliberate assertion of falsehood; 4. Such false statement or affidavit us REQUIRED BY LAW. ** NOT IN JUDICIAL PROCEEDING!!! Material Matter main fact which is the subject of inquiry, materiality, great importance to the case. ** The assertion of falsehood must be wilful and deliberate. ** Good faith or lack of malice is a DEFENCE in perjury.
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** Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient. SUBORNATION of perjury -Committed by a person who knowingly and wilfully makes another to swear falsely and the witness induced does testify under circumstances rendering him guilty of perjury. -The one inducing another is the principal by inducement and the one induced is the principal by direct participation. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS 1. Grave scandal (200) 2. Immoral doctrines, obscene publications and exhibitions (201) 3. Vagrancy and prostitution (202)

200. GRAVE SCANDAL Elements: 1. Offender performs an act: highly scandalous as offending against decency or good customs; 2. Highly scandalous conduct is not expressly falling within any other article of this code; 3. Such act is committed in a PUBLICPLACE or within the public knowledge or view. ** The acts must be those that can cause public scandal among the persons witnessing them. PROSTITUTE Elements: 1. Offender woman 2. Habitual indulgence in sexual intercourse or lascivious conduct 3. Such act for money or profit

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