RPC 2 Estrada 1 120

BOOK TWO
CRIMES AND PENALTIES

and
SPECIAL CRIMINAL LAWS
TITLE ONE
C RIM ES A G A IN ST NATIONAL SECURITY

A ND THE LAW OF NATIONS
CHAPTER ONE
CRIMES AGAINST NATIONAL SECURITY
Section One — Treason and Espionage
The crimes against national security are as follows:

1. Treason (Art. 114) >
2/ Conspiracy and Proposal to Commit Treason (Art. 115)
3., Misprision of Treason (Art. 116) \
Espionage (Art.. 117), and A !;(
5. T errorism and C on sp iracy to C om m it T e rro rism (RA
9372, T he H um an S ecu rity A ct o f 2007, “A n A ct to S ecure
the State an d P ro te ct o u r P eop le fro m T errorism ” )
The crimes against the law of nations are as follows:

1. Inciting to War or Giving Motives for Reprisals (Art. 118)
2. Violation of Neutrality (Art. 119)
l
2 CRIMINAL LAW
BOOK II OF THE REVISED PENAL CODE
3. Correspondence with Hostile Country (Art. 120)

4. Flight to Enemy’s Country (Art. 121), and
5. Piracy in General and Mutiny on the High Seas (Art. 122)
The crimes against national security have extra-territorial
application. Even if the crimes are committed outside of Philip
pine territory, the offenders can be charged and prosecuted before
Philippine courts. This is an exception to the territorial application
of criminal law under Article 2, paragraph (5) of the Revised Penal
Code.
If the offender is within Philippine territory, prosecution can
proceed as a matter of course. However, if he is within the territo
rial jurisdiction of another country he may be brought to the country
by means of extradition if the country has an existing extradition
treaty with that country.
The crimes against the law of nations are considered crimes
against humanity or crimes against mankind. Thus, the accused can
be prosecuted wherever and whenever he may be found.
ART. 114. Treason. — Any Filipino citizen who levies

war against the Philippines or adheres to her enemies, giv
ing them aid or comfort within the Philippines or elsewhere,
shall be punished by reclu sion p erp etu a to death and shall
pay a fine not to exceed 100,000 pesos.
No person shall be convicted of treason unless on the
testimony of two witnesses at least to the same overt act or
on confession of the accused in open court.
Likewise, an alien, residing in the Philippines, who com
mits acts of treason as defined in paragraph 1 of this Article
shall be punished by reclu sion tem poral to death and shall
pay a fine not to exceed 100,000 pesos. (As am en d ed by S ec. 2,
R A No. 7659)
Elements:
1. The offender is a Filipino or a resident alien;
2. There is war in which the Philippines is involved;
3. The offender either:
a) Levies war against the government;.or
b) Adheres to the enemies, giving them aid or comfort.
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY 3
AND THE LAW OF NATIONS
Chapter One — Crimes Against National Security
T reasoriys betrayal o f allegiance to one's country in time of

w ar.
T rea son is a w ar tim e offense. It can be com m itted only in

tim e o f war. It can not be com m itted in tim e o f peace because during
p eace tim e there are no traitors.
P erso ns liable:
1. F ilipin o citizens — those who owe perm anent allegiance to the

P hilippine governm ent.
2. R esiden t aliens — those who owe tem porary allegiance to the

governm ent.
Is th ere a need fo r a form al declaration o f w ar before Treason can

be com m itted?
A n sw er:
No, a form al declaration o f war is not needed before trea
son can be com m itted. It is not an elem ent o f the offense. W hen
arm ed hostilities have begun there is no need that the exis
tence o f w ar be declared. Example: During W orld W ar II, while
the E m peror o f Japan was talking with the President o f the
U nited States o f Am erica, Japan treacherously bom bed Pearl
H arbor. The bom bing o f Pearl Harbor signaled the beginning
o f w ar betw een Japan and the United States. There w as no
n eed that the existence o f war betw een Japan and the U nited
States be declared by either o f them. W hen a Filipino citizen or
a resident alien com m its any o f the acts o f com m itting treason
in the course o f such armed hostilities, he is liable for treason.
Two w ays o f com m itting Treason: -
1. ^ L e v y in g w ar — waging war against the governm ent o f the

. P K Iippines.
2. A dh ering to the enem ies, giving them aid or com fort.
Illu s tra tio n s:

L evyin g w ar against the governm ent:
Japan and the Philippines are at war. Japan invaded

the Philippines. X a Filipino citizen becam e sympathetic with
the m ilitary im perialism o f Japan. X collaborated with the
4 CRIMINAL LAW
Japanese soldiers in waging war against the Filipino troops.

He fought along with the Japanese imperial army and killed a
few Filipino soldiers and civilians. X is a traitor. He is liable for
Treason.
Adherence to the enemies, giving them aid or comfort

A dh eren ce to the enem ies can be manifested
tional declaration or avowal of favor Sym pathy or compassion to the
enemies in waging war against the Philippines.
China and the Philippines are at war. China invaded the Phil
ippines and subdued resistance in Lingayen, Pangasinan. Chinese
armed forces occupied Lingayen, Pangasinan. X, a Filipino citizen,
publicly declared that he is supporting the reign of China. He gave
financial and material support to the Chinese soldiers to the ex
tent of giving them information about the movements of Philippine
troops. X is a traitor. He adhered to the enemies giving them aid or
comfort. He is liable for Treason.
Adherence alone without giving aid or comfort is not Treason

On the other hand, g iv jnsL aid o r c o m fo rt w ith o u t adher-
en ce is alsoôt-Xr.egsQ n^jBoth^ adherence and giving o f aid
Comfort must go hand in handu| *
P roblem s:
1. Malaysia invaded the Philippines. X is a Filipino cit
izen who has became sick and tired of the Philippine Govern
ment. He publicly manifested that he is in favor of the military
aggression of Malaysia and he is supporting it. X is n o t liable
fo r T reason . Mere adherence to the enemies without giving
aid or comfort does not amount to Treason. ,■
2. In the same problem, M alaysian troops went to the
house of X. They compelled X under pain o f death if he does
not give them food, shelter and clothing. X was constrained to
serve them. In this case, although X gave the enemies aid or
comfort, he did not adhere to the enemies. Giving aid or com
fort to the enemies without adherence is not punishable. X is
not liable for Treason.
Adherence and giving aid or com fort m ust always be to

gether to make one liable for Treason. “A s unto the bow the
cord is, as unto a man is woman useless each without the
other ” The sam e thing obtains in adherence and giving aid or com
fort. B oth m ust always go together. Absent one element and there is
no treason.
H ow ever, if a Filipino citizen sides with the enemies and en

gages the arm ed forces o f the Philippines in combat, there is no
doubt that by his act, he has shown adherence to the enemies and is
liable for Treason.
Two ways of proving Treason:
1. Testim ony o f two witness^s’to the same oV erfact;dr

2. Confession of accused in open court,
W hat is the quantum of evidence needed to prove Treason?

A n sw er:
The S E V E R E LY R E ST R IC T IV E RULE or the TW O
W IT N E S S RU LE provides that to attain conviction in Trea
son, two witnesses must testify on the act of Treason commit-
ted by the accused and if the act is separable, two witnesses
must testify on each separate act. (People v,Adriano, G.R. No,
1-477, June 1947)^ ^ '
A d h e r e n c e need not be proved by the oaths of two wit
nesses* Criminal intent and knowledge may be gathered from
the testimony of o n e w itn ess or from the nature of the act
itself, or from the circumstances surrounding the act.
However, the a c t1o f g iv in g a id o r c o m fo r t must be es
tablished by the deposition of tw o w itn esses. Each o f the wit
nesses must testify to the wliole overt act, or if separable, there
must be two witnesses to each part of the overt act.
t Illustration:
L North Korea invaded the Philippines. X is a Filipino citi
zen. X publicly declared that he is embracing the cause o f North
Korea and is supporting it. He gave material and financial sup
port to the North Koreans. After the war, X was prosecuted for
Treason. One witness was presented to prove his public decla-
c ration showing his adherence to the enemies. Two witnesses
were presented to prove his act of giving aid or comfort to the
enemies. If you were the judge trying the case, will you convict
or acquit X? Why?
6 CRIMINAL LAW
Answer:
If I were the judge, I will convict X. The act of adherence
need not be proved by the testimony of two witnesses. One wit
ness will suffice. The act of giving aid or comfort must always
be proven by the testimony of two witnesses. This obtains in
the instant case. The prosecution presented two witnesses who
testified on the act of giving aid or comfort.
Problems:
1. Sin Tong is a Chinese citizen who had resided in
Sta. Maria, Pangasinan for 30 years. When China declared
war against the Philippines, Sin Tong and his many Chinese
friends attacked a military detachment manned by the Philip
pine Army and killed 15 soldiers. Did Sin Tong commit Trea
son? Why?
Answer:
Yes, Sin Tong committed Treason because he is a resident
alien. Being a resident alien, he owes temporary allegiance to
the Philippine government. Considering that the Philippines
is at war with China, by levying war against Filipino soldiers
he breached the temporary allegiance he owes. This is treason.
That is the law.
2. Sin Tong argues that he is not liable for Treason be
cause he is a Chinese citizen fighting for his country and natu-
rally, he became an enemy of the Philippines. Will your answer
be the same? Why?
. Answer: - gj. '•.c
Yes, my answer will be the same. By becoming an enemy
of the Philippines, he did not lose his temporary allegiance to
the country because just the same, he continues to reside in the
Philippines. The fact remains that all the elements of the crime
are present. Hence, Treason is committed.
3. After the war, X was charged with Treason. Witness
A testified that on June 5, 1944 he saw X in the company of
Japanese soldiers execute 20 Filipino soldiers. Another wit
ness, B, testified that he saw X in the company o f the same
Japanese soldiers execute 40 Filipino soldiers on July 4,1944.
I f you were the judge, will you acquit or convict? Why?
Answer:
If I were the judge, I will acquit. There are two acts of
treason committed by the accused. One was committed on June
5, 1944 and the other on July 4, 1944. The prosecution pre
sented only one witness in each separate act of Treason. The
law provides that if the acts of Treason are separable, two wit
nesses must testify to prove each separate act. The Severely
Restrictive Rule was not complied with.
Note:
Treason is a jcon tin u in g crim e. Even if the offender
> commits several acts of Treason he can only be charged with
one count of Treason) All such acts constitute a single offense.
Query:
Can treason be complexed with common crimes?
Example: Can there be Treason with Homicide or Trea
son with Arson?
Answer:
Treason cannot be complexed with common^rimes. Trea-
son is an [irmhToT1a"crim(ôr_a component crimeJunder which-
com mnTi ^ mps mnirnTtfegnpiTthe occasion or in furtherance
thereof are deemed absorbed.
The offender can be charged with Treason only. (People
v. Hernandez, 99 Phil. 515; Enrile v. Judge Salazar, et al., 168
SCRA 217) This was the ruling of the Supreme Court when it
said that common crimes committed on the occasion or in fur
therance of rebellion are only component elements of the crime
of rebellion. Thus, there is no complex crime of Rebellion with
tHomicide and the like. Along the same vein, this ruling can be
applied to treason.
Confession of guilt in open court
Extrajudicial .confession of a person is not the confession of guilt

that is contemplated by law. Thus,J f _a_perônâccused of treason
previously executed a written. confession .before ,aii_SyesEgatmg
officer that he had committed treason but during the arraignment
he interposed a plea of not guilty, he cannot be convicted on the basis
8 CRIMINAL LAW
of that written confession. An extrajudicial confession is admissible

in evidence but standing alone, it cannot support a judgment of
conviction for treason. The confession referred to is th^yohmtary^
plea of guilt entered into by the accused during the arraignment.
(People. v. Chavez, September 25, 1965)
ART. 115. C onspiracy and p rop osa l to com m it Treason.

— The con sp ira cy or proposal to com m it the crim e o f treason
shall be punished respectively, b y p rision m ayor and a fine
not ex ceed in g 10,000 pesos, and p rision correccion a l and a
fine n ot ex ceed in g 5,000 pesos.
P rop osal to com m it felony exists when a person who has
d e cid e d to commit a felony proposes its execution to some other
person or persons. (Art. 8, RPC)
C on sp ira cy exists when two or more persons com e to an
a greem en t concerning the commission of a felony and decide to
com m it it. (Art. 8, RPC)
A s a ru le, co n sp ira cy is n ot a felony. It becomes a felony
only if there is a law punishing it. If there is no law punishing it
then there is no crime committed. It is only a manner of incurring
criminal liability.
T h ere is n o crim e as C onsp iracy to C om m it a Felony
w h en th ere is n o law pu n ish in g it.
E xam p le:
A, B, and C agreed and decided to kill a town mayor in
side a restaurant. X, a waiter, overheard their conversation. X
slipped through the back door of the restaurant and proceeded
to the police station where he reported the plan to kill the town
mayor. A team of policemen went to the restaurant and ar
rested A, B, and C who were about to leave the establishment.
A, B, and C were charged with Conspiracy to Commit Murder.
Will the charge prosper?
A n sw er:
No, the charge will not prosper. There is n o such crime
as C o n s p ir a c y to C om m it M u rd e r under the Revised Penal
Code. There is no law punishing that conspiracy.
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY q
What are the punishable conspiracies?

1. ' Conspiracy to Commit (treason) — Penalty. — xxx Prision
Mayor and a fine not exceeding 10,000 pesos xxx (Art. 115,
RPC)
2. Conspiracy to Commit Coup d 9 e t a p — Penalty. — Prision
Mayor in its minimum periodt aiad a fine which shall not exceed
8,000 pesos xxx. (Art. 136, RPC)
3. Conspiracy to CommitCRebell^hTy- Penalty. — xxx Prision
Correccional in its maximum period and a fine which shall not
exceed 5,000 pesos xxx. (Art. 136, RPC)
4. Conspiracy to commit Insurrection^— Penalty. — xxx Pri
sion Correccional in its maximum period and a fine which shall
not exceed 5,000 pesos xxx (Art. 136, RPC).
Conspiracy to Commit Sedition. — xxx Penalty®— Prision
Correccional in its meaiunTperiod and a fine not exceed 2,000
pesos, (restored by E.O. No. 187)
Conspiracy to Commit A rson. — Penalty^^LPrision M ayor
in its minimum period*^#(F P 1613 amending the law on Ar
son, Articles 320-826 B, RPC)
7. Conspiracy to Conpiit Terrorism ! — xxx Penalty. — xxx 40
years im prisonm ent (Sec. 4, RA 9372)
8. _ Conspiracy to violateRA~9~165u_(Sec. 26) — xxx Penalty de
pends on the act committed.
Is proposal to commit a felony punishable?

Proposal to commit a felony is punishable only when the law
specially provides a penalty therefore. (Art. 8, 1st paragraph, RPC)
If not, it is not a felony. 'l \ ^ ; e :
PRO PO SAL TO COMMIT TREASON — there is proposal to

commit treason when a person who has d e cid e d to com m it trea
son proposes its execution to some other person or persons.
Elements:
1. There is war in which the Philippines is involved;

2. The accused has decided to levy war against the government or
to adhere to the enemies giving them aid or comfort;
CRIMINAL LAW
3. He proposes its execution to some other person or

persons.
Illu stra tion o f P ro p o sa l to C om m it T rea so n :

North Korea and the Philippines are at war. X is a Fili
pino citizen who is sympathetic to the cause of North Korea. He
had decided to go to war against the Philippine government.
He made publications promoting and espousing the military
aggression of North Korea. He proposed to a group o f Filipinos
to collaborate with the North Koreans and fight the Filipino
troops. Is Guerrero liable for Proposal to Commit Treason?
A n sw er:
Yes, Guerrero is liable for Proposal to Commit Treason.
By his acts and pronouncements it is very clear that Guerrero
had d e cid e d to commit treason. He is liable for P ro p o sa l to
C om m it T reason because in time of war in which the Philip
pines is involved, he had decided to wage war against the gov
ernment of the Philippines and proposed its execution to some
other persons.
P rob lem :
Japan invaded the Philippines. Armed hostilities have
begun. Guerrero is a Filipino citizen. He wanted to adhere to
the Japanese soldiers and give them aid or comfort but he was
afraid to do so. He went to A, B, C, D and E, all Filipino citizens
and proposed to them to adhere to the enemies by providing
them with food and other provisions and to give them infor
mation about the movement o f Philippine troops. Is Guerrero
liable for proposal to commit treason?
A n sw er:
No, Guerrero is not liable for Proposal to Commit

Treason. From the facts o f the case, it appears that Guerrero
was not decided to commit treason because he was afraid to
adhere to the Japanese soldiers by giving them aid or comfort.
There is proposal to commit a felony when the person who pro
poses its execution is decided to commit it. Such is not pres
ent in the case at bar.
TITLE ONE - CRIMES AGAINST NATIONAL SECURrrv
AND THE LAW OK NATIONS * 11
Chapter One — Crimen Ai'uinnl National Security
Q uay:
May a person bo held liable for proposal to commit trea

son if the proposal is rejected by the person to whom the pro
posal is made?
A n sw er:
Yes, becaueewhat-the law_punishes isthe mere proposal
to commit treason by one who is decided to commit it^The.ac^,
ceptance of the proposal is not necessary.
Proposal to commit felony which is punishable by law:

1. Proposal to commit Treason. (Art. 115, RPC)
2. Proposal to commit R eb ellion (Art. 136, RPC)
3. Proposal to commit Coup d ’ eta t (Art. 136, RPC)
4. Proposal to commit In su rrection (Art. 136, RPC)
5. Proposal to commit T errorism (RA 9372)
N ote: T h ere is n o such crim e as P rop osa l to C om m it
S ed ition .
CONSPIRACY TO COMMIT TREASON — there is conspir

acy to commit treason when two or more persons come to an agree
ment concerning the commission of treason and decide to commit it.
Elements of Conspiracy to commit treason:

1. There is war in which the Philippines is involved.
2. Two or more persons come to an agreement to:
a) Levy war against the government; or
b) Adhere to the enemies giving them aid or comfort.
3. They decide to commit it. ' j
Persons liable for Conspiracy to commit Treason
The persons liable are the c o -c o n s p ir a to r s o r th ose in

v o lv e d in th e agreem en t.
Only the co n s p ira to r ia l stage is punishable as conspiracy to

commit treason.
12 CRIMINAL LAW
BOOK n OF THE REVISED PENAL CODE
The moment any of such co-conspirators has committed trea

sonous acts then the crime committed is already treason and not
merely conspiracy to commit treason.
But mere agreement without a decision to comm it the crime is
not conspiracy to commit treason.
Conspiracy to overthrow the government is not proposal to

commit Treason when:
1. The person who proposes to commit treason is n o t d e c id e d to
commit the felony;
2. There is no decided concrete proposal;
3. It is not the execution of treason that is proposed.
Illu stration o f Conspiracy to Commit Treason:

A, B, and C are Filipino citizens. China is at war with the
Philippines. A, B and C agreed and decided to adhere to the
Chinese soldiers and give them aid or comfort. A, B and C are
liable for C o n s p ira cy to C om m it T r e a s o n because in time
of war in which the Philippines is involved, they agreed and
decided to adhere to the enemies by giving aid or comfort.
If anyone of them has committed a treasonous act even
though unknown to the others, all o f them are liable for Trea
son and not merely conspiracy to commit Treason. But the oth
ers may invoke the defense that they were not aware of the
material execution o f the criminal act. t
N otes:
1. In Proposal to Commit Treason or Conspiracy to
Commit Treason, any person may comm it the crime. The of
fender need not be a person who owes allegiance to the Philip
pine government or a resident alien. Article 115 o f the Revised
Penal Code does not so require.
2. The “severely restrictive rule” or the “two witness

rule” does not apply in Proposal to Commit Treason or Con
spiracy to Commit Treason. It only applies to Treason.
A R T . 116. M isprision o f Treason. — Every person owing

allegiance to (the United States or) the governm ent o f the
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY iq
Philippine islands, without being a foreigner, and having

knowledge of any conspiracy against them, who conceals or
does not disclose and make known the same, as soon as pos
sible to the governor or fiscal of the province, or the mayor
or fiscal of the city in which he resides, as the case may be,
shall be punished as an accessory to the crime o f treason.
Elements:
1. Offender must owe allegiance to the Government o f the Philip
pines;
2. Offender is not a foreigner;
3. He has knowledge of a conspiracy to commit treason against
the said government; and
4. He conceals or fails to disclose the same to the governor or fis
cal of the province or to the mayor or fiscal of the city in which
he resides as soon as possible.
Misprision of treason is a felony by omission. It is com
mitted by the failure to do an act required by law. However, it is
committed by means of dolo or intent. Note the words “he conceals
or does not disclose and make known his knowledge” xxx as
soon as possible.
Illu stra tion o f M isprision o f T reason:

North Korea and the Philippines are at war. X is a Fili
pino citizen. X has knowledge that A, B, C, D, and E who are
also Filipino citizens, have agreed and decided to adhere to
the North Koreans and give them aid or material support. The
meeting of the group was done in X’s house and so the latter
heard every detail of the conspiracy. X concealed such knowl
edge and did not report the conspiracy to commit treason to the
authorities. X is liable for M isp risio n o f Treason.
N otes:
When there is conspiracy to overthrow the govern
ment, the crime committed is conspiracy to commit rebel
lion. This is so because there is no war.
If a person who knows the conspiracy to commit rebel
lion does not report it to the authorities he is not liable for
misprision o f rebellion because there is no such crime. (Bar
question)
14 CRIMINAL LAW
Essence of the crime

Misprision of treason is committed when a person who has
knowledge of a conspiracy to commit treason does not report it
to the authorities as soon as possible. The report must be made
before the conspirators could commit treason. In this case, a prompt
report could lead to the arrest of the conspirators before they could
commit treason. If Treason had been committed and the person hav
ing knowledge of such commission concealed and did not disclose
such knowledge to the authorities, this crime is not committed. In
other words, failure to report knowledge of Treason already commit
ted is not a crime.
Illu stra tio n :

Vietnam invaded the Philippines. War has begun. A, B, C,
and D are all Filipino citizens. They adhered to the Vietnam
ese soldiers and gave them aid or comfort. X, another Filipino
citizen knows the acts committed by A, B, C and D. Despite his
knowledge of the acts committed by A, B, C and D, X concealed
and did not disclose such knowledge to the governor or fiscal
of the province or mayor or fiscal of the municipality where he
resides. Is X liable for Misprision of Treason?
Answer:
No, X is not liable for Misprision of Treason. In the case
at bar, A, B, C and D have already committed Treason because
they adhered to the enemies and gave them aid or comfort. Un
der the law, what constitutes Misprision of Treason is conceal
ment or failure to disclose and make known to the authorities
concerned knowledge o f a Conspiracy to commit Treason and
not Treason already committed.
Penalty imposable in Misprision of Treason
The offender shall be punished as an accessory to the crime of

treason.
Who may commit the crime?

In treason, even aliens can commit said crime.
However, misprision o f treason can be committed only by
citizens o f the Philippines. The obligation to report does not
include aliens even if they permanently reside in the Philippines.
TITUS ONE — CUIM15B AGAINST NATIONAL SECURITY i*
AND TlIE LAW OF NATIONS
Chaptor One — Crimea Against National Security
Relationship Is not exempting

Even if the conspirators in treason are parents, children or
relatives, the one who comes to know about the conspiracy is still
mandated by law to report it. Love of country is superior to blood
relationehipXrhis exempting circumstance unHerSt. 20^>f tbueTKtC
does not apply to Misprision of Treason because this law applies
only to accessories. The accused in Misprision of Treason are con
sidered principals not accessories.
Query:
To whom should the report be made?
Answer:
The report need not be made solely to the governor or fis
cal of the province or the mayor or fiscal of the city or munici
pality where the person who should make the report resides.
The report can be made to any person in authority having
equivalent jurisdiction a public authority is a person in author-
; Jfty^(Art. 152, RPC) Thus, a report to the provincial commander
or chief of police is substantial compliance with the law. It shall_
- shield a person from criminal liability.
ART. 117. Espionage. — The penalty o f prision correccio-

n a l shall be inflicted upon any person who:
1. W ithout authority thereof, enters a warship, fort,

o r naval or m ilitary establishment or reservation to obtain
any inform ation, plans, photographs, or other data, o f a con
fidential nature relative to the defense o f the Philippine A r
chipelago; or
2. B eing in possession by reason o f the p u b lic office
he holds, o f the articles, data, or inform ation referred to in
the p reced in g paragraph, discloses their contents to a repre
sentative o f a foreign nation. ( . §§ mm
The penalty next higher in degree shall be iniposed if
the offen d er be a p u b lic officer o r employee.* '
Two modes of committing Espionage under the RPC:

1. Without authority thereof, enters a warship, fort, or naval
or military establishment or reservation to obtain any information,
16 CRIMINAL LAW
plans, photographs, or other data of a confidential nature relative to

the defense of the Philippine Archipelago; or
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.
Elements of the first mode:

1. Offender, without authority enters a warship, naval or mili
tary establishment or reservation; and
2. His purpose is to obtain information, plans, photographs or
other data of confidential nature relative to the defense of the
Philippines.
Illu stra tion o f the first m ode:

Gustavo surreptitiously entered the security room of Fort
Bonifacio without the knowledge of the guard on duty. He ob
tained plans, photographs, maps and other data of a confiden
tial nature relative to the defense of the Philippines. Gustavo
is liable for Espionage. This is true whether or not he ob
tains the said material or not.
Intent to obtain information, plans, photographs or
other data of confidential nature relative to the defense of the
Philippines is enough. The offender doesn’t have to obtain such
materials.
N otes:
Espionage in the first mode is consummated by entering
any of the enumerated establishment as long as the purpose of
the offender is to obtain any of those materials which are vital
to the defense of the Philippines. The offender does not have to
actually obtain any such materials. What is required is that he
enters any of the establishments mentioned without authority
for the purpose of getting hold of any such materials. Mere en^
jgrrngr w illh r in g a consummated espionage.
There is no such crime asattem pted espionage or

frustrated espionage.
The purpose in entering the establishment should be to
get any of the data or information adverted to above. If the
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY 1*
AND THE LAW OF NATIONS 17
purpose is not to obtain any of such materials, the crime com

mitted is trespass to government property.
Elements of the second mode:

1. Offender is a public officer;
2. He has in his possession articles, data, or information referred
to in the first paragraph;
3. He discloses their contents to a representative of a foreign na
tion.
The offender here must be public officersjwho have custody of
the articles, data or information. Not all public officers or employees
can commit the crime.
If the offender is not the custodian of the said documents, he_^
is not liable for Espionage but for Violation of ConmionwealtHT
Act No. 616 if he discloses information relative to the defense of the
Philippines.
If the information disclosed to a representative of a foreign na
tion does not relate to the defense of the Philippines and the offender?
is the custodian thereof, he is liable for Infidelity in the Custody
of Public Records. /
1 -t
Illu stra tion o f the second m ode:
Col. Artemio De las Alas is a ranking official of the
military at Camp Crame. He was sent on a study grant in
Nursia, Italy. By virtue of the position that he holds, he was in
possession of data of confidential nature affecting the defense
of the Philippines. While he was in Italy, he passed on the said
vital information to the Bolsheviks of Russia. Col. De las Alas
is liable for Espionage.
COMMONWEALTH ACT NO. 616 — An Act to punish Espion

age and other offenses against National Security.
Acts punished:
1. Unlawfully obtaining or permitting to be obtained information
affecting national defense;
2. ^ Unlawful disclosing of information affecting national defense;
3. Disloyal acts or words in time of peace;
18 CRIMINAL LAW
4. Disloyal acts or words in time of war;

5. Conspiracy to violate the preceding sections; and
6. Harboring or concealing violators of the law.
Section Two — Provoking War and Disloyalty in case

o f war
ART. 118. Inciting to war or giving motives fo r reprisals.

— The penalty o f reclusion temporal shall be im p osed upon
any public officer or em ployee, and that o f prision mayor
upon any private individual, who, by u nlaw ful o r unauthor
ized acts provokes or gives occa sion fo r w ar in volvin g or
liable to involve the Philippine Islands o r ex p oses Filipino
citizens to reprisals on their persons or p rop erty.
Elements:
1. The offender is a public officer or employee;
2. He performs acts which provoke or give occasion for:
a) A war involving or liable to involve the Philippines; or
b) Exposure of Filipino citizens to reprisals on their persons
or property.
Notes:
There was a time when the Philippine government hotly
pursued its claim over Sabah. The government anchored its
claim on the ground that the Sultan of Borneo ceded Sabah in
favor of the Philippines. This was the reason why under the
National Territory provision of the 1973 Constitution there
was a phrase “and all the other territories belonging to the
Philippines by historic right or legal title” — x x x in delineat
ing the national territory of the Philippines. The rationale was
that if the Philippines shall have finally annexed Sabah as part
of its territory there was no more need to amend the constitu
tion because Sabah is deemed included in the national terri-
tory of the Philippines by virtue of the said phrase.
A covert military operation was hatched. A special com
mando was trained to infiltrate and attack Sabah for the pur
pose of annexing it as part of Philippine territory. However
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY ia
before the commando could launch its attack, a young con

gressman from Tarlac by the name of Benigno Aquino Jr. deliv
ered a privilege speech in the House of Congress and exposed
the said covert military operation. Malaysia almost declared
War against the Philippines. It considered the act as inciting to
war. To appease Malaysia, the Philippine government ordered
an investigation to uncover the public officials or military of
ficers who were behind the plan. Before the investigation could
progress though, the members of the special commando were
annihilated under mysterious circumstances including their
commander, Major Abdul Latiff Martelino.
In the annals of Philippine history this is known as the
infamous JABIDAH MASSACRE.
Had the public officials who were behind the aborted mili
tary operation been identified they could have been charged
with the crime of In citin g to W ar o r Jjriying Motives^ fo r
R eprisal.
ART. 119. V iolation o f neutrality. — The pen alty o f p r i-

sion correccion a l shall be inflicted u pon an yone w h o, o n the
o cca sio n o f a w ar in w h ich the govern m en t is n ot in v o lv e d ,
violates any regu lation issued b y com p eten t a u th orities fo r
the p u rp ose o f en forcin g neutrality.^ .
Elements:
1. There is war in which the Philippines is not involved;
2. Competent authorities,have issued regulations enforcing neu
trality; and
3. The offender violates any of said regulations.
N otes:
(The offerideruûldJDe-anv^pjersxmllt is committed during
a war in which the Philippines is not involved. To commit the
crime, there must be a regulation for the observance of neutral
ity. The motivating rationale here is that the Philippines does
not have any intention to side with or be against any of the
warring countries. It does not want to incur the ire of any of
them by the act of any person under its jurisdiction. The regu-
* lations imposed by the authorities are meant to be followed
or observed. It is the violation of such regulation that brings
about the crime.
20 CRIMINAL LAW
Illustration:
Japan and China are at war. China invaded Japan. The
Philippine government did not want to embroil itself in the
war. The President of the Philippines upon due consultation
with the House of Senate and House of Representatives adopt
ed a policy of neutrality and disseminated the regulations for
its enforcement. X, a Filipino businessman, violated the regu
lations enforcing neutrality by giving financial and material
aid to China. X is liable for V iolation o f N eutrality.
ART. 120. Correspondence with hostile cou n try. — Any

person, who in time o f war, shall have co rre sp o n d e n ce with
an enemy country or territory occu p ied b y en em y troops
shall be punished:
1. By prision correccional9 if the co rre sp o n d e n ce has
been prohibited by the government;
2. By prision m ajor, if such co rre sp o n d e n ce be car
ried on in ciphers or conventional signs; and
3. By reclusion tem poral, if n otice o r in form a tion be
given thereby w hich might be useful to the enem y. I f the of
fender intended to aid the enemy by giving su ch n o tice or in
form ation, he shall suffer the penalty o f reclu sion tem poral
to death.
Elements:
1. There is a war in which the Philippines is in v olv ed ;
2. The offender makes correspondence with an enemy country or
territory occupied by enemy troops;
3. The correspondence is either:
a. prohibited by the government;
b. carried on in ciphers or conventional signs; or
c. containing notice or information which might be useful to
the enemy.
Illustrations:
1. Japan and the Philippines are at war. The Philip
pine government prohibited all forms of communications with
Japan. X, a Filipino citizen, writes to another in Japan. What

crime did commit? Why?
Answ er:
X committed the crime of C orrespondence with a Hos
tile Country. He communicated with the enemy country de
spite the prohibition imposed by the government.
2. Suppose in the same problem, X sent a text message
to a text mate in Japan, is he liable?
Answ er:
Yes, X is still liable. Correspondence in any form is pro
hibited by the Philippine government.
3. Japan invaded the Philippines. Bataan had fallen in
the hands of the Japanese soldiers. The Philippine government
prohibited communication or correspondence with any person
in Bataan. X writes to Y who is in Bataan. Is X liable for Cor
respondence with a hostile country? Why? ,
Answ er: , ;
Yes, X is liable for C orrespondence with a H ostile
Country because he had correspondence with Bataan, a terri
tory occupied by enemy troops in time of war. The implication
is that when a person communicates with another in an enemy
country or territory occupied by the enemy, information useful
to the enemy might be passed or transmitted.
ART. 121. F ligh t to enem y’s country. — The pen alty o f

Ka rresto m ayor shall be inflicted up o n any person w h o, ow in g
allegian ce to the G overnm ent,/attem pts to flee o r go to arPJ
e n e m y .co ju n try jw h e n p rp h j.b it^ b y co m a u th ority^
Elements: Sj \
1. Existence of war in which the Philippines is in volved ;
2. Offender owes allegiance to the Philippines;
3. He attem pts to flee or go to an enemy country; and
4. The flight is prohibited by a competent authority.
OlllMlNAh hAW
nook n OKTIlM nmvinmm HNAlBOliM
N otts?
This crim e eon bo^flOinmltl/Od In Umo o f w ar in
w hich the Philippines In involved,\
The offender in this cose Is fi person who o won alJaglfl/k#
to the Philippines, A tourist onnnnt commit/ Mils (fyi/fM* i t fe
committed when o citizen oflUm Philippines o v n person owltig
allegiance to the Philippine government it tlei o p ts to go to fl/i
enemy country. This is aimed at; presenting the /light to on on*
emy country of a person who owes allegiance to the Philippine#
because of the possibility that ho might furnish the enemy vital
information that may ho useful to tho said enemy to the detrb
ment of the Philippines.
T here is no ATTEM PTED FLIG H T T O ENEM Y’S

COUNTRY or FRUSTRATED FLIG H T TO ENEM Y’S
COUNTRY.
This crime is consummated by m ere a ttem p t. Therefore,
there is no such crime as attempted flight to enemy’s country
or frustrated flight to enemy’s country.
Illu stra tion :

Singapore declared war against the Philippines. War
raged on. X, a Filipino citizen, boarded a plane bound for Sin
gapore. Before the plane could take off, X was arrested by the
authorities. Is X liable for Flight to enemy’s country?
A nsw er:
Yes, X is liable for F ligh t to E n em y’ s C o u n try . He at
tempted to flee or go to the enemy country. This crime is con
summated by mere attempt.
Section Three — Piracy and Mutiny on the High Seas or

in Philippine Waters
ART. 122. Piracy in gen eral and m utiny on the high seas
o r in Philippine waters . — The penalty o f reclu sion tem poral
shall be inflicted upon any person, who on the high seas or in
Philippine waters, shall attack or seize a vessel or, not being
a member o f its complement nor a passenger, shall seize the
-TITLE ONE — CRIMES AGAINST NATIONAL SECURITY 23
whole or part of the cargo of said vessel, its equivalent, or

personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on
the high seas or in Philippine waters. (As amended by Sec. 3,
RA No. 7659)
What is Piracy?
Piracy is robbery or fojrcible depredation on the high seas
without lawful authority and done with animo furandi and in the
spirit and intention of universal hostility. (People v. Lol-lo, et al.,
supra)
Robbery is the taking of a personal property belonging to an
other with intent to gain by:
r—1. Intimidation against persons;
r / 2, Violence against persons;
/ L 3. Force upon things.
Piracylh considered as a crime against the whole world. It is
crimeâgainst mankind. Along this line, pirates can be prosecuted
wherever they may go and wherever they are arrested.
The pirates violate not the law of a particular country but the
law of nations.
Three kinds of piracy:
1. Piracy in the high or open seas (RPC); )
2. Piracy in Philippine waters (PD 532 as amended by RA 7659,
the Heinous Crime Law);
3. Air piracy (RA 6235).
Piracy in the high or open seas can be committed by the

following:
1. By attacking a vessel in the high or open seas;
2. By seizing the whole or part of the cargo of said vessel, its
equivalent, or personal belongings of its complement or its pas
sengers.
“High seas” — refers to the body of water outside of the
territorial waters of the Philippines, even if such is within the
territorial waters of another country.
24 CRIMINAL LAW
‘‘Complement” — the full number of officers and crew needed

to man a ship.
Who may commit piracy in the high or open seas?

— Only outsiders
— It cannot be committed by passengers or members of the
crew or complement of the vessel.
Who are pirates in the high or open seas?

Pirates in the high or open seas are outsiders to the vessel.
They should not be passengers or members of the crew or comple
ment of the vessel. In other words, they should not be insiders.
If a person is lawfully admitted to the vessel other than a crew
or a complement of the vessel, then he is a p a ssen ger. If he gets a
personal property belonging to another passenger while the vessel
is in the high or open seas by means of force or intimidation, he is
liable for ROBBERY and not PIRACY. (Bar question 2008)
But if he boards the vessel without being lawfully admitted
thereto, and divests a passenger of his personal property by means
of violence or intimidation or force upon things, he is liable for PI
RACY on the high or open seas. He is still considered as outsider
not being a passenger in the contemplation of law.
PIRACY IN PHILIPPINE WATERS (PD 532

as superseded by RA 7659)
Who may commit Piracy* in Philippine waters (Internal waters)?

— outsiders
— insiders (passengers or members of the crew or complement of
the vessel)
Notes:
Originally, piracy and mutiny can only be committed on
the high seas (outside o f Philippine waters).
In 1974, PD 532 (The Anti-Piracy and Anti-Highway Rob

bery Law o f 1974) was enacted punishing Piracy committed in in
ternal waters or Philippine waters, but not Mutiny.
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY ok
AND TH E LAW OF NATIONS
Thus, w e n ow h ave tw o k in d s o f P iracy:

1. Piracy under the R evised P enal C ode committed on the
h ig h seas;
2. Piracy in P h ilip pin e w aters or in tern al w aters.
PD 532 was superseded by RA 7659, The Anti-Heinous Crime

Law
R A 7659 (The A nti-H einous Crim e Law) pro tanto
superseded PD 532 by punishing P ira cy as well as M utiny,
w h eth er com m itted on the h igh seas o r in P h ilip pin e w aters
and the penalty was increased from reclusion temporal to reclusion
perpetua.
T hu s, P ira cy can n ow be com m itted on the h igh o r
o p e n seas o r in P h ilip pin e waters. A nd M utiny can n o w b e
com m itted o n th e h igh o r op en seas and also in P h ilip p in e
w aters.
V essel is any watercraft used for transport of passengers or
cargo from one place to another in Philippine waters. It includes all
types and kinds of vessel or boats used in fishing. E xam ples: raft,
banca, motorboat, ship.
P rob lem s:
1. While X was on board his boat at the Agno River,
Y attacked him and with the use of a gun seized his personal
belongings. What crime did Y commit? Why?
A h sw er:
Y committed P iracy. Under PD 532 as amended, Piracy
can now be committed in P h ilip p in e w a ters by outsiders to
the vessel or who are not passengers or members o f the crew.
Pirates are outsiders of the vessel.
2. X and Y are passengers of MV Princess, an interis
land vessel. While the vessel was in the waters of Cebu, X took
the watch of B by means of threats and intimidation. What
crime did X commit? Why?
A n sw er:
X committed P ira cy . Under PD 532 as amended, Piracy

can now be committed by a passenger o f a vessel, member of
the crew or complement o f a vessel.
2« CKIMINAL LAW
BOOK II OK THE REVISED PENAL CODE
3. M V Bato is an interisland vessel. W hile on its way

to Tacloban, Ley to, X a passenger, took the wallet o f Y, anoth
er passcngor without the latter’s knowledge or consent. What
crime did X commit? Why?
A n sw er:
X committed T h eft. The taking o f the personal property
o f Y was w ith o u t v io le n c e o r in tim id a t io n o r fo r c e u p on
th in g s . It cannot be Piracy because the essence o f piracy is
robbery. If robbery is committed on board a vessel by an out
sider or insider, the crime is not robbery but piracy.
4. M V Orient, a Panamian vessel was forced to seek
refuge near an island of Taiwan to avoid the wrath o f a thun
derstorm . While it was in the territorial waters o f Taiwan, a
fast motorboat manned by A, B, and C attacked the Panamian
vessel by firing at it. What crime did A, B, and C comm it? Why?
A n sw er:
A, B, and C are liable for P ir a c y in th e h ig h o r o p en
sea s. They attacked the vessel in the high or open seas.
5. While a Holland merchant vessel was at the Indi

an ocean, it was seized by a group of persons on boqrd a fast
moving vessel. The group was led by the notorious Turko who
earned the cognomen “the terror of the seventh sea.” The cargo
o f the vessel was also seized. W hat crime did Turko and his
men comm it? W hy?
A n sw er:
Turko and his men com m itted P ir a c y in t h e H ig h o r
O p e n S ea s. They seized the vessel and its cargo while the
vessel was at the high or open seas.
A B E T T IN G P IR A C Y (P D 532) — is the crim e com m itted by

an y person who:
1. G ives pirates inform ation about the m ovem ent o f peace officers
o f the governm ent;
2. A cqu ires or receives property taken b y the pirates or devices

an y benefit from it;
3. D irectly or indirectly abets the com m ission thereof.

TITl.K ONK CMMKH AGAIN8T NATIONAL HKCUHITY 27
AN!) TMK l*A\V OK NAT10NH
Chapter Oiw—* Crime* An»lm»t National Security
I I lust tuitions:
L X in n friend of tho piruto Captain John Long. The

pirate is being sought by tho Philippine Coast Guard, Thoro
was information that Captain Long and his men sought refuge
in the island of Uomblon. X communicated with Captain Long
and advised him to leave in a jiffy as the Philippine Coast
Guard was on its way to apprehend him. What crime did X
commit?
A nsw er:
X committed Abetting Piracy. He gave the Pirate Cap
tain John Long information about the movement of the Philip
pine Coast Guard. He alerted him in time to afford him time to
escape.
2. X received expensive jewelries from Graciano, the
"Pirate of the Caribbean.” X knew all along that the said jew
elries were the proceeds of piracy. Yet, he willingly accepted
them. What crime did X commit?
A nsw er:
X committed Abetting Piracy. He accepted or received
items from the pirates which he knew to be proceeds of piracy.
Note:JLack o f know ledge that the item came from p ira cy
vis a defense.
fiVIU TIN Y^ the unlawful resistance to a superior officer or the

raismg~of commotions and disturbancesâboar.d^.ship against the"
Authority ofats
Elements of Mutiny:
1. The vessel is on the high seas or Philippine waters;
2. Offenders are members of the complement of the vessel or pas
sengers of the vessel;
3. The offenders:
a. Attack or seize the vessel;
b. Seize the whole or part of the cargo, its equipment or per
sonal belongings of the crew or passengers.
28 CRIMINAL LAW
Two kinds of Mutiny

1. Mutiny in the high or open seas; and
2. Mutiny within Philippine waters.
Illu stra tion s:
Mutiny in the High or Open Seas
1. MV Panama is owned and registered under the laws
of Panama. While the vessel was in the Pacific Ocean, the
members of the crew rebelled against internal management
of the vessel. They defied the ship captain and controlled the
vessel. The members of the crew are liable for Mutiny on the
High or Open Seas.
Mutiny within Philippine Waters
2. MV PRINCESS OF THE STARS, a merchant ship
registered in Holland docked at Pier 14 Manila Bay. The mem
c-j
bers of the crew or passengers attacked the ship captain and
seized control of the vessel. What crime was committed? They
q(pg72V
committed the crime of Mutiny within Philippine waters.
Under RA 7659, Mutiny can now be committed in Philip
pine waters.
A R T .123. Q ualified p ira cy . — The penalty of reclusion

tem poral to death shall be imposed upon those who commit
any of the crimes referred to in the preceding article, under
any of the following circumstances:
1. Whenever they have seized a vessel by boarding or
firing upon the same; ,
2. Whenever the pirates have abandoned their vic
tims without means of saving themselves; or
3. Whenever the crime is accompanied by murder, ho
micide, physical injuries, or rape. (As a m en d ed by S ec. 3, RA
No. 7959)
When is Piracy qualified?

1. When the pirates^seize^ vessel by hoaxdingjor firing upon
the sam e;
2. When the pirates abandon" their victims without means of
saving themselves;
3. When the crime is accompanied by piurder* h on iicid e,

p h y s ic a ljn ju r i e s o rjra p e .
Qualified Piracy
If any of the circumstances in Article 123 is present, piracy is

qualified. The crime is called Q u alified P ira cy .
T h e re is n o co m p le x crim e o f P ir a c y w ith M u rd e r, P i
r a c y w ith H o m icid e , P ira cy w ith R ape, etc.
When any of the crimes of murder, homicide, rape, physical in
juries accompany piracy, there is no complex crime. Instead, there is
only one crime committed — q u a lified p ira cy . Murder, rape, homi
cide, physical injuries are mere circumstances qualifying piracy and
cannot be punished as separate crimes, nor can they be complexed
with piracy.
Problem s:
1. A passenger of an interisland vessel robbed and
killed another passenger by stabbing him at the back for sever
al times. The Prosecutor’s Office filed a complex crime of Piracy
with Murder. Is the charge correct? Why?
Answer:
The charge is not correct. Murder, rape, homicide, or
physical injuries are mere circumstances^qualifying^piracyV
Any of these crimes cannot be complexed with piracy .lYkpecial
law cannot be complexed with a felony under the Revised Pe
nal Code. Only felonies can be complexed with one another.
2. What if the Prosecutor’s Office filed two separate
crimes of Piracy and Murder, will your answer be the same?
Explain.
Answer: . ; , ;m .. ;;
Yes, my answer will be the same. The .crime committed is
still Q ualified P iracy. Any of such crimes of Murder, homi
cide, rape or physical injuries committed in the course of piracy
shall qualify the crime. They cannot be punished as separate
crimes.
Q ualified M utiny
Article 123 merely refers to qu alified p ira cy . There is now a
crime of qualified m utiny. —^ . , ■ : ■ __ , } ..
U S ftA ftm s
30 CRIMINAL LAW
Mutiny is qualified under the following circumstances:

(1) When the offenders abandoned the victims without means of
saving themselves;
(2) When the mutiny is accompanied by rape, murder, homicide,
or physical injuries.
N ote:
The first circumstance that qualifies Piracy does not ap
ply to Mutiny.
Illu stra tion s o f Qualified M utiny: >

1. While a merchant vessel registered in the country
Alaska was at the Mediterranean seas, the crew of the vessel
^rebelled against the ship captain. They defied his orders and
controlled the management of the vessel. They threw the cap
tain into the turbulent waters. They left him despite his pleas
to take him back on board. What crime did the crew' commit?
Why?
Answ er:
They committed Qualified Mutiny. They resisted the
ship captain and took control of the ship. It is qualified because
they threw the ship captain into the water and abandoned him
without means of saving himself.
2. A group of passengers violently took control of the
ship while it was in the Indian ocean. They hogtied the ship
captain and the complement of the ship. They raped five female
passengers of the ship. What crime did they commit? Why?
Answ er:
They committed Qualified Mutiny. The crime is quali
fied because rape was committed in the course of the Mutiny.
N ote:
Common crimes committed in the course of Mutiny can
not be complexed with Mutiny. Article 48 of the Revised Penal
Code is not applicable. There is no such crime as Mutiny
with Homicide, Mutiny with Murder, Mutiny with Rape
or Mutiny with Physical injuries. The proper denomina
tion of the crime is still Qualified Mutiny. ;
ssm M m u !
TITLE ONE — CHIMES AGAINST NATIONAL SECURITY 31
AND T11E LAW OF NATIONS
Chapter One — Crimea Aguinst National Security
REPUBLIC ACT NO. 6235r(The A n t ^

Anti-Hijacking is another kind of piracy which is committed
in an aircraft. In other countries, this crime is known as a ircraft
piracy.
Four situations governed by the anti-hijacking law:

1. Usurping or seizing control of an aircraft of Philippine registry
while it is in flight, compelling the pilots thereof to change the
course or destination of the aircraft;
2. Usurping or seizing control of an aircraft of foreign registry
while within Philippine territory, compelling the pilots thereof
to land in any part of Philippine territory;
3. Carrying or loading on board an aircraft operating as a public
utility passenger aircraft in the Philippines, any flammable,
corrosive, explosive, or poisonous substance; and
4. Loading, shipping, or transporting on board a cargo aircraft
operating as a public utility in the Philippines, any flammable
corrosive, explosive, or poisonous substance if this was done
not in accordance with the rules and regulations set and pro
mulgated by the Air Transportation Office on this matter.
P rob lem s:
1. The pilots of the Saudia Airlines who were at the
lounge of NAIA were approached by armed men. They were
told to proceed to the aircraft and fly it to San Francisco, Cali
fornia. The armed men walked with the pilots and boarded the
aircraft. But before they could do anything on the airplane, the
AVSECOM arrested them. What crime was committed?
A n sw er:
The armed men committed Hijacking. The requirement
that the aircraft be in flight does hot apply when it comes to
aircraft of foreign registry. Even if all the external doors
have not been closed it is still hijacking. Under the law, mere
usurping or seizing control of an aircraft of foreign registry is
enough as long as the said aircraft Tswithin Philippine terri
tory.
There is no such crime as Attempted or Frustrated
Hijacking. The crime of Hijacking is punished by a special
CRIMINAL LAW
BOOK II OP TUB ItimBICD PENAL CODE
law, Sottlod is the rule that the stages o f execution under Art,
6 of the Revised Penal Code are not applicable,
2. A Philippine Air Line# aircraft is bound for General
Santos City. Whilo the pilot and co-pilot were on their way to
the aircraft X, Y, and Z followed them. As soon as the pilots
entered the cockpit, X, Y, and Z with drawn guns and hand
grenade instructed them to fly the plane. The passengers were
still boarding at this time. Are X, Y, and Z liable for Hijacking?
Why? If not, what crime is committed?
Answer:
No. X, Y, and Z are not liable for Hijacking. Under the
law, in case of an aircraft of Philippine registry, hijacking
can be committed if the aircraft is in flight. In the case at bar,
the aircraft was not yet in flight.
At most, the crime committed is Grave Threats.
When is an aircraft considered in flight?

A n aircraft is co n sid e re d in flig h t the moment all its
external doors are closed following embarkation until any of
such doors is opened for disembarkation.
3. During a random inspection inside a China Airlines
at the NAIA and before takeoff, Aldong “Phogie” Ymana, a pas
senger from Istanbul was found in possession of an explosive
substance. The passengers panicked. Aldong Ymana was ar
rested. What crime did Aldong “Phogie” Ymana commit? Why?
Answer:
Aldong “Phogie” Ymana committed Violation of the An
ti-Hijacking Law. The law punishes carrying or loading on
board a public utility passenger aircraft operating in the
Philippines any flammable, corrosive or poisonous substance.
If it is a cargo plane, it is not covered by RA 6235.
4. What if in the course of a hijacking a passenger or a
flight attendant was shot and killed. W hat crime or crimes is/
are committed?
Answer:
The crime committed is Violation o f the Anti-Hijack
ing Law. Under the law, if a passenger or complement of an
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY qq
AND THE LAW OF NATIONS •
aircraft is killed, the crime is still V iolation o f the Anti-Hi-

ja ck in g Law but the penalty thereof is higher. There is no
separate crime of Homicide or Murder as the case maybe.
What if a passenger of a commercial plane threatens to
blow the plane by detonating a hand grenade that he sur
reptitiously carried inside the plane, what crime is committed?
A nsw er:
The crime committed is still V iolation o f the Anti-Hi-
ja ck in g Law. This is considered as a qualifying circumstance
which shall increase the penalty imposable.
REPUBLIC ACT NO. 9372

HUMAN SECURITY ACT OF 2007
AN ACT TO SECURE THE STATE AND
PRO TECT OUR PEOPLE FROM TERRORISM
What is Terrorism? ,
A 1998 study by the US Army counted 109 definitions of terror
ism that covered a total of 22 different definitional elements.
Terrorism expert W alter Laquer in 1999 counted over 100
definitions and concluded that: *
“The only general characteristic generally agreed upon is
that terrorism involves violence and the threat of violence
The United Nations General Assembly Resolution 49/60 adopt
ed on December 9,1994 contains a provision describing terrorism:
“Criminal acts intended or .calculated to provoke a state

of terror in the generallpublic, a groupuf persons or particular
persons for political purposes are in any circumstance unjusti
fiable, whatever the cohsiderations of a political, philosophical,
ideological, racial, ethnic, religious, or any other nature that
may be invoked to justify them.”
On March 17, 2005, a United Nations panel described terror

ism as:
34 CRIMINAL LAW
“Any act intended to cause death or serious bodily harm

to civilians or non-combatants with the purpose of:
1. Intimidating a population of serious bodily harm;
2. Compelling a government or an international organization ‘to
do or abstain doing any act.*”
Acts of terrorism under United Nations

conventions and protocols:
• Unlawful seizure of aircraft (1970)
• Unlawful acts against safety of civil aviation (1971)
• Crimes against internationally protected persons including dip
lomatic agents (1973)
• Taking hostages (1979)
• Nuclear material (1980)
• Acts of violence airports (1988)
• Acts against safety of maritime navigation (1988)
Terrorist bombings (1977)
• Acts against safety of fixed flatforms located on continental shelf
(1988)
Declaration of policy of RA 9372:

1. To protect life, liberty and property from acts of terrorism;
2. To condemn terrorism as inimical and dangerous to the na
tional security of the country and to the welfare of the people;
3. To make terrorism a crime against the Filipino people, against
humanity and against the law of nations.
What is terrorism under RA 9372?

The crime of Terrorism is committed by any person who engag
es in any of the following acts punishable Under the Revised Penal
Code and other special laws:
REVISED PENAL CODE:

1. Art. 122 — (Piracy in general and Mutiny in the high or open
seas or in Philippine Waters);
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY
2. Art. 134 — (Rebellion or Insurrection);

3. Art. 134-1 — (Coup d[ etat);
4. Art. 248 — (Murder);
5. Art. 267 —■(Kidnapping and Serious Illegal Detention);
6. Art. 324 — (Crimes involving destruction).
Keyword: PRIC-MKC
or under
Special Laws:
1. Presidential Decree No.JL613 {The Law on A rson)^/
2. Republic Act No. 6969 (Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990); i
3. Republic Act No. 5207 (Atomic Energy Regulatory and Liabil
ity Act of 1968); L
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway
Robbery Law of 1974); and
6. Presidential Decree No. 1866 as amended by RA 8294 (Illegal
Possession of Firearms).
Provided the following requisites are present:

1. The act committed sows and creates a condition of wide
spread and extraordinary fear and panic among the popu
lace;
2, In order to coerce the government to give in to an unlawful
demand.
Manner of commission of Terrorism^ %m

All the crimes under the Revised Penal Code or Special Laws
enumerated above which:
a. result in sowing and creating a condition of widespread
and extraordinary fear and panic among the populace;
b. in order to coerce the government to give in to an un
lawful demand.
36 CRIMINAL LAW
Motive of Terrorism:
To coerce the government to give in to an unlawful demand.
Penalty for Terrorism:

Forty years imprisonment without the benefit of parole as pro
vided under Act No. 4103 otherwise known as the Indeterminate
Sentence Law as amended. (Sec. 3, RA 9372) 3
Queries:
1. Have the enumerated felonies under the Revised
Penal Code and the crimes under the specified special laws
been entirely repealed by RA 9372?
2. Are there no more crimes of Piracy, Rebellion, Coup
d9 etaty Murder, Kidnapping and Serious Illegal Detention,
Illegal Possession of Firearms, Hijacking, Piracy and the like?
Answers: N
No. The said felonies under the Revised Penal Code and
the crimes under the aforementioned special laws still exist.
Thus, when a person kills another with the qualifying ag
gravating circumstance of treachery, the felony committed is
still Murder.
The killing becomes Terrorism only if Murder has
reached that magnitude as to sow and create a condition of
widespread and extraordinary fear and panic among the
populace in order to coerce the government to give in to an
unlawful demand.
Terrorism is a Crime of Result

A careful scrutiny of the definition of terrorism would show
that the crime can be committed only o f any o f the crimes list
ed under RA 9372 is committed and it sows and creates a condi
tion of widespread and extraordinary fear and panic among the
populace in order to coerce the government to give in to an unlaw
ful demand.
Problem s:
1. X killed Y with the qualifying aggravating circum
stance of evident premeditation. The crime committed is Mur
der. Is A now liable for the crime of Terrorism? Why?
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY q7
A nsw er:
No, X is not liable for Terrorism . There is nothing in
the problem that indicates that the commission of Murder by
X sowed and created a condition of widespread and extraor
dinary fear and panic among the populace. The killing of one
person does not have the magnitude to sow and create a condi
populace.
2. X has an ax to grind against A, B, C, D, arid E. X
killed all of them by shooting them from behind. X thus com
mitted four counts of Murder because of the qualifying aggra
vating circumstance of treachery. Is X liable for the crime of
Terrorism? Why? '
A nsw er:
No. The killing of the five persons by X may be alarming
but it did not sow and create a condition of widespread and
extraordinary fear and panic among the populace in order to
coerce the government to give in to an unlawful demand.
3. X committed Murder in San Juan, Caloocan, Man-
daluyong, Cainta, and Las Pinas. Did he commit the crime of
Terrorism? Why? v.
A nsw er:
No. Nothing in the problem would show that the perpe
tration of Murder in the said places sowed and created a condi
tion of widespread and extraordiriary fear and panic among the
populace.
4. X is a serial rapist. He committed rape in Manila,
Quezon City, San Juan, Cainta, Cavite, Tarlac, Pangasinan,
La Union, and Pampanga. The commission of the crime in the
said places has instilled widespread fear and panic among the
populace. Is X liable for Terrorism? Why?
A nsw er:
No, X is n ot liable fo r T errorism . Although the com
mission of rape sowed and created a condition of widespread
and extraordinary fear and panic among the populace, rape is
not am ong the crim es co v e re d b y th e law o n terrorism .
5. A, B, C, and D organized themselves into a group
engaged in big time robbery, kidnapping and Murder. They
38 CRIMINAL LAW
robbed banks and mercilessly killed people. The crimes com

mitted by them have reached gargantuan proportions. They
have sowed and created a condition of widespread and extraor
dinary fear and panic among the populace. They earned the
name dreaded name, “The A lvin F lores G ang.” Are they li
able for Terrorism? Why?
A nsw er:
No, they are not lia b le fo r T errorism . The fact that
the criminal activities of the group sowed and created a condi
populace does not make them liable for the said crime.
According to the law, the crime must be committed in or
der to coerce the government to give in to an unlawful demand.
This element of the crime is absent in the case at bar.
6. A, B, C, and D hijacked a Boeing 747. On board the
aircraft were the Vice-President of the Philippines, ten Sena
tors, thirty-five Congressmen and 500 other passengers. They
threatened to blow the plane off unless the government releas
es from captivity Abu Sado, a terrorist detained under heavy
security at Camp Crame. Their act sowed and created a condi
populace. Are they liable for Terrorism? Why?
A nsw er: >
Yes, they are liable fo r T errorism . The crime of hijack
ing is included in the definition of terrorism. Their commission
of hijacking sowed and created a condition of widespread and
extraordinary fear and panic among the populace and their
purpose was to compel or coerce the government to give in to
an unlawful demand. It does not matter if the terrorist obtain
their demand or not.
7. The Maguindanao massacre sowed and created a
widespread and extraordinary fear and panic among the popu
lace. It instilled fear and terror in the very interstices of soci
ety. The gruesome and diabolical murder of 57 innocent people
warranted a worldwide condemnation. The Philippines was
even dubbed as the most dangerous place in the world for jour
nalists. A legal luminary who was a former judge opined that
those behind the crime should be charged with the crime of
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OP NATIONS
Terrorism? For purposes of academic discussion, is the legal

luminary correct? Why?
A n sw er:
W ith d u e resp ect, th e legal lu m in a ry is n ot c o rre ct.
While concededly, the gruesome murder sowed and created
a condition of widespread and extraordinary fear and panic
among the populace, th ere is n o sh o w in g that it w as
co m m itte d to c o e r c e the g overn m en t to g iv e in to an
u n la w fu l dem and. Settled is the rule in this jurisdiction that
when an element of a crime is not present that crime is not
committed.
N otes:
1. T he A n ti-T errorism law is a tooth less tiger. It
is not as fearsome as it was perceived at its inception. It is very
difficult for the prosecution to prove that all the elements of the
crime are present. It is axiomatic for the prosecution to prove
all the elements of a crime. If one element is not present then
the crime is not committed;
2. The Anti-Terrorism law d oes n ot define w id e
sp rea d and ex tra ord in a ry fea r and p an ic;
3. What is “ u nlaw ful dem an d?” The element of un
lawful demand is what differentiates terrorism from other
crimes. Without unlawful demand there can be no terrorism.
Can unlawful demand relate to any demand whether criminal
or not?
4. What is meant by “ sow and cre a te a c o n d itio n
o f w id esp rea d and ex tra ord in a ry fea r and p a n ic a m o n g
th e p o p u la ce ?” Is it confined to the populace constitutive only
of civilians to the exclusion of the government? r
5. What is fear and panic? How does one know that he
or she had sown or created fear and panic?
6. What is meant to c o e r c e ? What coerces one may not
coerce another and RA 9372 does not define it. «
What is Conspiracy to Commit Terrorism?

There is Conspiracy to commit Terrorism when two or more
persons come to an agreement concerning the commission of the
crime of terrorism and.decide to commit it.
40 CRIMINAL LAW
BOOK U OF THE REVISED PENAL CODE
Penalty
40 years of imprisonment. (Sec. 4. RA 9872)
Mere Conspiracy to commit Terrorism is punishable, The mo
ment the conspirators commit any act o f terrorism however, they
are no longer liable for Conspiracy to Commit Terrorism. They are
already liable for the crime of Terrorism.
Who are the persons liable for Terrorism and Conspiracy to

Commit Terrorism?
1. Principals by direct participation
2. Accomplices
3. Accessories
ACCOMPLICE TO THE CRIME OF TERRO RISM is any
person who, not being a principal under Art. 17 of the RPC or a con
spirator as defined in Sec. 4 of RA 9372, coop era tes in th e ex ecu
tion o f the crim e o f terrorism o r con spiracy to com m it te r r o r
ism by previou s o r sim ultaneous acts. (Sec. 5, R A 9372)
Who can be an Accomplice to the crime of Terrorism?

1. One who cooperates in the execu tion o f the crim e o f T er
rorism ;
2. One who cooperates in the execu tion o f the crim e o f C on
spiracy to Commit Terrorism by previous or simultaneous
acts.
Illustrations:
1. A, B, C, D, and E compose a group of terrorists that
had committed Arson to sow and create a condition of wide
spread and extraordinary fear and panic among the populace
to coerce'the government to give in to the demand to declare
the independence of Patikul, Sulu. X, despite his knowledge of
the crime committed by the group, acted as their driver and
transported them to one of their destinations. X is lia b le as
an accom plice in the crim e o f T errorism . He c o n c u r r e d
w ith the crim inal acts o f the grou p and co o p e r a te d in
the execu tion thereof.
2. A, B, and C agreed and decided to commit the crime
of Terrorism when they met in the house of X. The latter knew
TITLE ONE — CRIMES AGAINST NATIONAL SECURITY <ii
of the criminal design of the former. X supplied them with ma

terials like computers, tapes recorders and funds. A, B, and C
are liable for Conspiracy to Commit Terrorism. X is liable as
A ccom p lice to the crim e o f T errorism . He coop era ted in
the execu tion o f the crim e.
ACCESSORY TO THE CRIME OF TERRORISM is any

person who having knowledge and without having participated
therein, either as principal or accomplice under Articles 17 and 18
of the RPC, takes part subsequent to its omission in any of the fol
lowing manner:
a. by profiting himself or assisting the offender to profit by
the effects of the crime;
b. by concealing or destroying the body of the crime, or the
effects, or instruments thereof, in order to prevents its
discovery;
c. by harboring, concealing or assisting in the escape pf the
principal or conspirator of the crime.
Penalty
Ten (10) years and one (1) day to twelve (12) years of imprison
ment.
Accessory to the Crime of Terrorism
Illustration s:
1. Renz Jan committed the crime of Terrorism by kid
napping scions of well to do families. He amassed millions of
pesos in the process. Renz Jan gave Prince, his best friend the
•r amount of Php500,000.00. Despite knowing that the money
came from the terroristic activities of Renz Jan, Prince accept-
\ ed the money. What is the criminal liability of Prince if any?
‘ Why? w, ' >•?-;' *■ -■ ' •* , V
A nsw er:
Prince is liable as accessory to the crime of Terrorism.
He profited by the effects of the crime by accepting the money
despite knowing that it came from Terrorism..
2. Abu Gado and company committed the crime of Ter
rorism. Despite his knowledge of the crime committed by the
42 CRIMINAL LAW
B O O E D OF THE REVISED PENAL CODE
group, X harbored, concealed, and assisted in their escape.

What is the liability of X if any? Why?
A nsw er:
X is an accessory to the crime o f Terrorism because he
harbored, concealed and assisted in the escape o f the principals
in the crime of Terrorism.
3. A, B, and C agreed and decided to commit the crime
o f Terrorism. By this, they committed the crime o f Conspiracy
to Commit Terrorism. X knows that A, B, and C conspired to
commit Terrorism. X concealed the documents, tape recordings
and other instruments drawn up by the group to prevent the
discovery of the conspiracy. What is the liability o f X if any?
Why?
A n sw er:
X is liable as Accessory to crime of Terrorism because he
concealed the body of the crime or the instruments thereof.
4. A, B, and C are wanted for the crime o f Conspira
cy to commit Terrorism. X knows the crime committed by the
group. X harbored, concealed and assisted in the escape of the
conspirators. What is the liability of X if any? Why?
A nsw er:
X is liable as Accessory to the crime of Terrorism because
he assisted in the escape of the conspirators of the crime o f Ter
rorism.
Accessories to the Crime of Terrorism Who are Exempt from

Criminal Liability
No penalties shall be im posed u p on the follow in g :
“Spouses, ascendants, descendants, legitim ate, n a t
ural and adopted broth ers and sisters o r rela tiv es by af
finity within the sam e d egrees in paragraphs (b) and (c).”
N otes:
The relatives mentioned above are the same as those list
ed in mitigating circumstances of vindication of a grave offense
[Art. 13(5)] and in the alternative circumstances (Art. 15) and
. Art. 20 of the Revised Penal Code.
Where there are Several principals, the exemption from crimi

nal liability inures in favor of arv accessory that is related within the
prescribed degrees to any o f the p rin cip a ls and not necessarily to
all of them.
The exemption provided herein can be claimed by all accesso

ries within the prescribed degrees of relationship e x ce p t th ose a c
ce sso rie s w h o p rofit o r assist the p rin cip a l to p rofit b y th e ef
fects o f th e crim e. This is the only instance wherein the accessory,
'although related to the principal within the degrees of relationship
provided in Art. 20 is nevertheless n ot exem pt from liability. (Sec.
6, RA 9372)
OUTLINE:
Accessory
— Knows the commission of terrorist acts or con sp ira cy to co m

m it terrorism .
— Did not participate either as principal or accomplice
— But participates subsequently by:
a) P rofitin g himself or assisting the offender to profit by
the effects of the crime;
b) C on cealin g or destroying the body of the crime, effects
or instruments thereof, to prevent discovery;
c) H arboring, con cealin g, assisting in the escape of
p rin cip a l or con sp irator. •
What are the Acts Authorized By RA 9372?
R ep u b lic A ct 9372 au th orized the follow in g acts:

1. - Tracking down, tapping, listening to, interception and record
ing o f messages, communications, conversations, discussions,
spoken or written words o f any person suspected o f the crime o f
terrorism or the crime o f conspiracy to commit terrorism;
2. Apprehension and detention without warrant o f a person sus
pected o f terrorism or conspiracy to commit terrorism;
3. Judicial authorization to examine bank deposits, accounts and
records.
44 CRIMINAL LAW
Declaration (Proscription) of Terrorist and Outlawed

Organizations, Associations, or Group of Persons
Query:
May an organization, association, or group of persons be
declared as a terrorist and outlawed organization, association
or group of persons organized for the purpose actually uses the
acts to terrorize or sow and create a condition of widespread
and extraordinary fear and panic among the populace in order
to coerce the government to give in to an unlawful demand?
Answer:
Yes. Upon application of the Departm ent o f Justice,
the Regional Trial Court, with due n otice and op p ortu
nity to be heard given to the organization, association
or group o f persons, may declare that such is a terrorist and
outlawed organization, association, or group of person. (Sec.
17, RA 9372) *
It is the Regional Trial Court that has the jurisdiction to act

on motions or applications for proscription.
1. If a person charged or suspected of Terrorism is found

INNOCENT, ACQUITTED, or his case DISMISSED
before arraignment, he shall be paid Php500,000.00 per
r day by the government.
2. The seizure, sequestration and freezing of his bank depots
shall be deemed lifted.
3. In addition to the release o f his funds, the person
accused or charged shall be paid the am ount o f Php
} 500,000.00 a day for the period in which his properties,
assets or funds were seized in the concept of liquidated
damages by the investigating body as the court and said
items are deemed released from such seizure, sequestra
tion and freezing.
The filing of appeal or motion for reconsideration shall
not state the release of said funds.
Q u eries:
1. Can the person found innocent file a collection suit
against the government?
2. Does Sec. 41 of RA 9372 constitute a waiver of im
munity from suit of the government?
A n sw er:
R A 9372 is silen t o n the m atter.
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL

LAW OF THE STATE
CHAPTER ONE
A RB ITRA RY DETENTION O R EXPULSION,

VIOLATION OF DWELLING, PRO H IBITION ,
INTERRUPTION, AND DISSO LU TIO N
OF PEACEFUL M EETING A N D
CRIMES AGAINST RELIGIOUS W O R SH IP
What are the crimes against the fundamental laws of the State?
1. 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 o f peaceful meetings
(Art. 131) ; ' \
9. Interruption of religious worship (Art. 1 3 2 ),and ^
10. Offending religious feelings (Art. 133); .
Who are liable for crimes against the fundamental laws of the
State?
The offenders are \public officers excep t as to the last
crim e o f offending religious feelings.
46
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL d7
LAW OF THE STATE
Chapter One — Arbitrary Detention or Expulsion
Section One — Arbitrary Detention or Expulsion
ART. 124. A rbitrary detention. — A ny p u b lic officer or

em p loyee w h o, w ith ou t legal grounds, detains a person, shall
suffer:
1. T he penalty o f arresto m ayor in its m axim um pe
rio d to p risio n correccion a l in its m inim um period , i f the de
ten tion has n ot exceed ed three days;
2. T he penalty o f p rision coreccion a l in its m edium
and m axim um periods, i f the detention has con tin u ed for
m ore than three hut not m ore than fifteen days;
3. The penalty o f p rision m ayor, if the detention has
con tin u ed for m ore than fifteen days but not m ore than six
m onths; and
4. That o f reclusion tem poral, if the detention shall
have ex ceed ed six months.
The com m ission o f a crim e, or violent insanity or any
oth er ailm ent requ iring the com pulsory confinem ent o f the
patient in a hospital, shall be con sidered legal grou nds fo r
the detention o f any person.
Who may commit the crime of Arbitrary Detention?

A rbitrary detention is com m itted by a p u b lic o fficer
w h o detains a person w ithout legal grounds.
Elements:
1. | Offender is a public officer or employee; ^
2. He detains a person;
'" 3. The detention*is'without legal grounds.
Arbitrary Detention is committed, when;a person is arrested
and detained w ith ou t w arrant o f arrest.
What are the crimes known as Arbitrary Detention?

1. Detaining a person without legal-grounds (Art. 124);
2. Failure to deliver the arrested person for legal grounds to the
proper judicial authority within 12, 18 or 3&hours, as the case
may be (Art. 125); or
48 CRIMINAL LAW
3. Delaying release (Art. 126).
Legal grounds for detention of a person:

1. Commission of a crime;'
2. Violent insanity or other ailment requiring compulsory con-
finement of a patient in a hospital.
Absence of legal grounds:

1. No crime was committed by the detained person;
2. No violent insanity of the detained person;7
3. The person detained has no ailment that will require confine
ment in a hospital.
Distinctions between arbitrary detention and illegal detention:

1. In arbitrary detention, the offender is a public officer. In illegal
detention, the offender is a private person or a public officer
whose function does not include the power to arrest and detain
a person; '—— 77T
2. In arbitrary detention, the public officer has a duty to arrest
and detain a person. In illegal detention, the private person or
even if he is a public officer does not have the power to arrest
and detain a person.
Three instances when a public officer can make arrest even

without warrant of arrest:
1. When a person is attemptingjtqjcqmmit, is committing, or has

committed a crime in the presence of the arresting officer:
2. When a crime has in fact just been committed and the arrest
ing officer has personal knowledge based on probable causa
! that the person to be arrestedhas committed it;
3. When the person to be arrested is a prisoner whoJms_e_scaped

from detention or confinement.
P 4A-ciyjlian ca^n a ls o m ake a w arran tless arrest un der

f— the th re e instances:— ~
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL aq
LAW OF THE STATE

Illustration s:
1. WHEN THE PERSON TO BE ARRESTED WITH-
OUT WARRANT IS ATTEMPTING TO COMMIT A CRIME
IN THE PRESENCE OF THE ARRESTING OFFICER:
While walking at Session Road, SPOl Santos saw X about
to pick the wallet of a woman. SPOl Santos may right then
and there arrest X even if he has no warrant for the arrest
of X. This is one instance when a peace officer or even a civil
ian can arrest a person who is about to commit a crime in his
presence without a warrant of arrest. Thereafter, he can detain
him within the prescribed period of time set forth in Art. 125.
2. WHEN THE PERSON IS ARRESTED WHILE
COMMITTING A CRIME IN THE PRESENCE OF THE AR
RESTING OFFICER:
A policeman was summoned to pacify a rumble that was
going on. Wftien the policeman arrived at the scene, he saw X
stabbing Y. The policeman can arrest X even without a war
rant of arrest because X was committing a crime in his pres
ence.
3. WHEN THE PERSON TO BE ARRESTED COM
MITTED A CRIME IN THE PRESENCE OF THE AR
RESTING OFFICER
Hilario who was under the influence of liquor fired his
unlicensed gun while he was at the Malcolm square disturbing
the peace and order at the public place. A policeman who was
manning traffic nearby saw him. The policeman can arrest Hi
lario even without a warrant of arrest because the latter com
mitted a crime in his presence.
4. WHEN A CRIME HAS IN FACT JUST BEEN COM
MITTED AND THE ARRESTING OFFICER HAS PERSON
AL KNOWLEDGE BASED ON PROBABLE CAUSE THAT
THE PERSON TO BE ARRESTED HAS COMMITTED IT.
In this case, a crime has just been committed. It connotes
immediacy. If several days have passed there is no more legal
basis for making arrest and detention without warrant of ar
rest.
A policeman heard shouts to the effect that a person
stabbed another. As he was quite near, he hurriedly ran to-
CSIM3XALLAW
3& j E. 13 OF THE SLETI5ED PEKAL CODE
~*srzs zha o f ihe place where the shouts came from.

O r has w sr. ha r s : a man holding a bloodied knife with a blood
ECarrjftd srirL S o r far from them, he saw a man lying on the
grazed wrth blood oozing from his abdomen. The policeman
can arras: the person feein g from the crime scene. He has per
sonal knowledge based on probable cause that the person who
was running away from the place could have committed it. He
heard sham s that, somebody stabbed another. He saw the per
son running away from the crime scene. He saw himholding a
bloodied knife with a blood stained shirt. He saw a person lying
on the ground bleeding. These and all, justify the arrest and
detention of the said person without warrant of arrest.
Arrest of a Prisoner who has Escaped

from Detention or Confinement
Law enforcers do not need a warrant of arrest to apprehend
c-3
prisoners who have escaped from detention or confinement. Time is
o f the essence.
Arbitrary detention is committed by public officers who have the

power to make arrest and detention.
Problem s:
1. While on foot patrol, P02 Alcisto met Tiburcio whose
face is dubious and does not inspire confidence. P02 Alcisto
arrested Tiber and detained him. P02 Alcisto is liable for Ar
bitrary detention because he arrested and detained Tiburcio
without legal grounds. Tiburcio was not committing a crime.
2. X an informant went to the office of the CIDG. He
reported that Rosa Aruta is engaged in the illegal sale of drugs.
He informed further that she is about to deliver a large quan
tity of marijuana to a buyer. The officer-in-charge of the office
immediately dispatched a team to apprehend Rosa. On their
way to the house of Rosa, X pointed to a woman who was then
crossing the pedestrian lane and who was carrying a big bag.
X identified her as Rosa Aruta. Then and there, the operatives
c arrested Rosa Aruta. After arresting her, they searched her
bag and found a large quantity of marijuana. The elements of
the CIDG detained Rosa Aruta. She was charged for violation
of the drugs law. If you were the judge are you going to acquit
or convict the accused?
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL 51
LAW OF THE STATE
A n sw er:
If I were the judge, I w ill a cq u it R osa A ruta. She was
just crossing the street when she was arrested. She was not
about to commit a crime. She was not committing a crime nor
had just committed a crime in the presence of the arresting of
ficers. The CIDG operatives would not have apprehended her
were it not for the furtive finger of the informant. There was no
legal basis for the CIDG to effect a warrantless search of loer
bag there being no probable cause and Rosa Aruta not having
been lawfully arrested. Crossing a street is not a crim e^ h ere
was no legal ground for the arrest of Rosa Aruta.
Stated otherwise, “the arrest b ein g in cip ien tly ille
gal, it lo g ica lly follow s that the subsequent search w as
sim ilarly illegal.” As such, the marijuana seized could not be
used as evidence against Aruta for it is a “ fru it o f the p o iso n
ou s tree.” (People v. Rosa Aruta, G.R. No. 120915, April 3,
1998)
N ote: The op eratives cou ld have been ch a rged w ith
A rb itra ry detention.
3. At 2:00 in the'afternoon of December 14, 2009, Deb
ra went to the office of the NBI Baguio City and complained
to NBI agent Wasmir that she was raped the night before by
Dalton in his house at No. 48 Torres Bugallon Avenue, Baguio
City. She showed to agent Wasmir contusions and hematoma
in her arms and legs. She was referred to the bureau’s medico
legal officer. Upon examination, it was found out that Debra
has fresh vaginal lacerations at 3:00 o’clock position and was'
fouiid positive of spermatozoa. Then and there agent Wasmir
and other agents went to the house of Dalton. They found Dal
ton sleeping in his bed. They woke him up and arrested him.
Agent Wasmir detained Dalton. Are the NBI agents liable for
arbitrary detention?
A nsw er:
No, the NBI agents are n ot liable fo r a rb itra ry de
ten tion . Under the 2000 Rules of Criminal Procedure, a war
rantless arrest can be made “ i f a crim e has in fa ct ju st
b een com m itted and th e a rrestin g o ffic e r has personal
k n ow led g e based o n p ro b a b le ca u se th at the person to
be arrested has com m itted it.” In the instant case, the inju-
iy of 7W3
aw, powiiMRrii
52 CRIMINAL LAW
ries sustained by the victim and the presence of fresh vaginal

lacerations and spermatozoa in her vagina has given the ar
resting officers personal knowledge based on probable cause
that a j t Ii® has in fact just been committed by the offender.
4. Freddie who was under the influence of liquor went
to a public comfort room being maintained by Roily, a city hall
employee. Roily posted a notice at the entrance that anybody
who shall use the comfort room shall pay 10 pesos before enter
ing as a donation for the maintenance of the cleanliness of the
comfort room. Freddie refused to pay despite the polite request
of Roily and entered the comfort room. Roily resented this and
locked the men’s room. Freddie was not able to get out of the
men’s room. He was able to get out only after 3 hours when
passersby heard his shouts for help and forced open the men’s
room. What crime did Roily commit if any? Why?
Answ er:
Roily committed Illegal detention. Although he is a
pu blic em ployee he does not have the p ow er to arrest
and detain a person. Only public officers or employees who
have the power to arrest and detain a person may commit the
crime of arbitrary detention by detaining another without legal
ground.
ART. 125. Delay in the delivery o f detained person s to the

p ro p er ju d icia l authorities. — The penalties p rov id ed in the
next precedin g article shall be im posed upon the p u b lic o f
ficer or em ployee who shall detain any person for som e legal
grou nd and shall fail to deliver such person to the^proper
ju d icia l authorities within the period of: tw elve (12) hours,
fo r crim es or offenses punishable by lightfptmalties, o r th eir
equivalent; eighteen (18) hours, for crim e or offenses pun
ishable by correctional penalties, or their equivalent; and
thirty-six (36) hours, for crim es or offenses punishable b y af
flictive or capital penalties, or their equivalent.
In every case, the person detained shall be in form ed o f
the cause o f his detention and s h a llb e in fo r in e d o f the cause
o f hiiTdetention and shall be allow ed, u p on his request, to
com m unicate and con fer at any tim e w ith his attorney or
counsel. (As am ended by EO No. 272, prom . July 25, 1987.)
This EO No. 272 shall take effect thirty (30) days follow in g its
publication in the Official Gazettei—— ^ '^ r *r:
LAW 9 F THE STATE
Elements:
2. He has detained a person for some legal grounds;
3. He fails to deliver^sSxcii person to the proper judicial authority
within —
a. 12 h o urs if detained for crimes or offenses punishable by
ligh t penalties, or their equivalent;
b. 18 h ou rs for crimes or offenses punishable by correction
al penalties, or their equivalent;
c. 36 h ou rs for crimes or offenses punishable by capital
punishment or afflictive penalties, or their equivalent.
(Executive Order No. 272)
N otes:
This is a felony b y om ission? It is com m itted b y the
failu re to p erform a d u ty'requ ired by law.
The detention here must be for legal grounds.
The term legally arrested does not mean that a person
was arrested by virtue of a warrant of arrest. A person is ar
rested withpiitjwarrant-but-the arrest was lawful. Example: A
person was arrested without warrant of arrest while commit
ting a crime, about to commit a crime or committed a crime in
the presence of the arresting officer.
What is the meaning of the term “delivering the person legally ar
rested to the judicial authorities?”
The statement should not be interpreted literally. It does not
mean the physical act of bringing the person legally arrested to the
judge. It means the filing of the case before the court that hasjuris^,
diction over the crime committed by the person arrested.
If the case is filed in the fiscal’s office, this provision of law is
not complied with. However, it is submitted that filing of the case at
the fiscal’s office is a sufficient compliance with the law. It is not the
duty of the arresting officer to file the case in court. That, duty be
longs to the fiscal’s office. The moment the arresting officer endorses
the case to the fiscal’s office it is now the duty of the fiscal to issue
a partial resolution and order the continued detention of the person
arrestecPor shall order his release pending preliminary investiga-
54 CRIMINAL LAW
tion. If the fiscal does not make a resolution either for the continued
detention of the person arrested or his release, the arresting officer
should release the person arrested so that he will not run afoul with
the law. Thus, he could preclude being charged with arbitrary de
tention.
What if a person was arrested for violation of a special law and
not for violation of the Revised Penal Code within what period of
time should the arresting officer file the case in court?
Answer:
The law provides “ or their equivalent.” Felonies are
classified according to gravity, to wit:
1. Felonies that are punishable with light penalties are
considered light felonies;
2. Felonies that are punishable with correctional penal
ties are considered less grave felonies; and
3. Felonies that are punishable with afflictive penalties or
with the death penalty are considered grave felonies.
Afflictive penalties:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor
Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro
Light penalties:
Arresto menor
Public censure
Fine Bond to keep the peace
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL k*
LAW OF THE STATE
Thus, in case the law violated is a special law, check the pen
alty imposable by the special law and determine if it is grave, less
grave or light felony. That is the basis for determining the period
of time during Which an arresting officer can legally hold on to the
person arrested with legal ground and without a warrant of arrest.
Duties of an arresting officer who legally arrested a person with

out warrant of arrest.
Have the person arrested charged in court within the proper
period provided for under Art. 125 so that he will not be liable for A r
bitrary detention. Filing of the appropriate case at the fiscal’s office
is a sufficient compliance of the law. I f he ca n n ot file th e ca se fo r
w h atever reason , valid o r not, he sh ou ld release the p e rso n
arrested from d eten tion.
Illu stra tion :
A police officer arrested a person without warrant of
arrest with legal ground in a far flung place for the crime of
Attempted Homicide. In bringing the person arrested to the
municipality, they have to cross seven mountains, seven hills
and seven seas. Under the law, Attempted Homicide is punish
able with Prision correctional which has a legal duration of 6
months and one day to. 6 years. Since the penalty is a correc
tional penalty, the arresting officer should file the case within
18 hours from the time that he arrested the person.
What if for the reason given above, the arresting officer
fails to cause the filing of the case within the time provided for
by law, was there violation of Art. 125?
: ■j ‘ ’ ■' ■■ * J ‘
A n sw er:
Yes, there was a violation of Art. 125 and the arresting
officer maybe charged criminally.
Q uery:
If you were the counsel for the arresting officer what is
i your defense?
A n sw er:
If I were the counsel for the arresting officer, I will in
voke as defense the exempting circumstance of in su p era b le
ca u se under paragraph 7 of Art. 12 of the Revised Penal Code.
The arresting officer was prevented from performing an act
56 CRIMINAL LAW
required by law by the physical impossibility of bringing the

person arrested to the fold of law.
Important things to remember

The period within which to charge the person legally arrested
without warrant of arrest <jloes not in clude jiig h ttim e £ It is to
be counted only when the prosecutor’s officels ready £o~receive the
complaint or information. A h oliday or no office day sh ou ld n ot
be included in the com putation o f the p eriod p rescrib ed by
law for the filing o f the inform ation in cou rt in cases o f w ar
rantless arrest. (Soria v. Desierto, et al., 125 Phil. 313)
If a police officer arrested a person b y jvirtue o f a w arrant

p arrest issued by a court, the period p rescrib ed undeivArt.
125 does not apply. This means that a case had been filed in court.
The duty of the arresting officer is to turn over or deliver the person
arrested by virtue of a warrant to the court that issued the said war
rant of arrest.
Within what period should a p olice officer w ho arrested

a person by virtue o f a warrant o f arrest deliver the said p er
son in court? (Bar question)
Answer:
There is no period. The arresting officer is not bound
by the period fixed under Art. 125 of the Revised Penal Code
because the law does not apply. The arresting officer will just
accomplish a return of the warrant of arrest found at the back
thereof and indicate that he had arrested the person named
therein and state where the person is being detained.
'ART. 126. Delaying release. — The penalties provid ed

for in Article 124 shall be imposed upon any public officer or
employee who delays for the period o f time specified therein
the perform ance o f any judicial or executive ord er for the
release o f a prisoner or detention prisoner, or unduly delays
the service o f the notice o f such order to said prisoner or the
proceedings upon any petition for the liberation o f such per-
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL c7
LAW OF THE STATE 0/
Elements:
2. There is a judicial or executive order for the release of a pris
oner or that there is a proceedipg upon a petition for the libera
tion of such person; ^ ~
3. The offender*_îthout good reason, delays:
a. ThefservirVnf the notify nf>nrh order to the.prisoner, or
b. The p^ fS m a n gfelQf,such^judicial executivejwder for
the relpasej)£the prisoner, or y
c. The proceedingsjôn_a.p€titionJforvthe,releaseô£such
persons:
Acts punished:
1. Delaying the performance of a judicial or executive order for
the release of a prisoner;
2. Unduly delaying the service of such order to the said prisoner;
3. Unduly delaying the proceedingsJbr the liberation of such per-
V ," ■ ’ ..
Public officers or employees like court personnel, wardens, jail
\ guards and peace officers. > *— ‘ r-7"^:
Illu stra tion :
X was arrested and detained at the city jiail on one Fri
day. At 4:30 p.m., the wife of X came and posted hail for X*s
temporary liberty. Accordingly, the judge issued an order di
recting the jail warden to release the accused X unless he is
being held for some valid causes. The clerk of court ordered the
court sheriff to deliver the court order to the jail warden: As the
sheriff was in a hurry as he was going somewhere else, he did
not deliver the release order. Came Monday, the sheriff still
forgot to serve the order of release. It was only on the following
day, Tuesday, when he remembered to serve the order. Thus,
X stayed in jail unnecessarily for 3 days more. X is liable fo r
arb itra ry d eten tion fo r u n d u ly d ela y in g to serve the re
lease ord er.
58 CRIMINAL LAW
ART. 127. E xpulsion. — The penalty o f p risio n correc

tio n a l shall b e im p osed u p on any p iihlic-officer o r em ployee
w h o, n ot b ein g th ereu n to au th orized b y law , shall exp el any
p erson fro m th e P h ilip p in e Islands o r shall co m p e l su ch per
son to ch a n g e h is resid en ce.
Elements:
2. He expels any person from the Philippines or compels a person
to change his residence; and
3. He is not authorized to do so by law.
A person has the right to establish his home where he wants
provided it is not against the law. He has the right to have his home
on top of a hill or on top of a mountain or on a precipice and that
is his right. The government cannot compel him to change his resi
dence.
In the case of Villavicencio v. Lukban, 39 Phil. 778, the police
chief of Manila upon order of the city mayor to get rid of Manila of
prostitution hauled the prostitutes from their places of residence
and deported them to Davao. No due process was observed. They
were found guilty of E xpulsion.
Expulsion from the Philippines .can only be done through de
portation proceedings. Only ahensxTap be deported.
If expulsion is done J)y-s|-publi^^fi^^, the crime is E xp ul-
sion . If committed^hy^ljrivate^persQ^^ytiireats or intimidation,
the_crimeds(Grave CoercidnT^>^_
ART. 128. V iolation o f dom icile. — T he p en a lty o f p r is io n

c o r r e c tio n a l in its m inim um p e rio d shall b e im p osed u p o n
an y p u b lic office r o r em p loyee w h o, n ot b e in g a u th o riz e d b y
ju d ic ia l ord er, shall en ter any d w ellin g a gain st th e w ill o f the
o w n e r th ereof, sea rch p a p ers o r oth e r e ffects fo u n d th e re in
w ith ou t the p rev iou s con sen t o f su ch o w n e r, o r, h a v in g sur
rep titiou sly en tered said d w ellin g, an d b e in g re q u ir e d to
leav e th e p rem ises, shall refu se to d o so.
I f th e offen se b e com m itted in th e n igh ttim e, o r i f any
p a p ers o r effects n o t co n stitu tin g e v id e n ce o f a crim e b e n o t
r etu rn ed im m ed ia tely a fter th e se a rch m a d e b y th e o ffe n d e r,
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL kq
LAW OF THE STATE
the penalty shall be p rision correccion a l in its medium and

m axim um periods.
Elements:
2. He is not authorized by judicial order (search warrant) to enter__
a dwelling^fid/or make a search therein for papers or other efL.
fects. ■
Three acts of committing Violation of Domicile under Art. 128:
1. E nterin g a dwelling against the will of the owner thereof;

2. Searching papers or other effects without the previous con
sent of the owner;
3. R efu sin g to leave the premises after having surreptitiously
en tered said dwelling and after having been required to leave.
Nmtesi
The public officer or employee dioes n ot have a ju d ic ia l-
ly is sued search warrantr If he enters a dwelling against
the will of the owner, searches papers or other effects found
therein or having surreptitiously entered the dwelling refuses
to leave when required by the owner, he is liable for the crime
of V iolation o f D om icile.
Even if the acts above mentioned are committed if the
police officer has a search warrant, this crime is not committed.
Instances where search and seizure may be made without a

warrant and the evidence obtained therefrom may be admissible
are:
1. search incid en tto^ J^wfuLarreat;
2. search of a moving motor vehicle;
3. search in violation of customs laws:
4. seizure of evidence in plain view: _„ >
5. the accused himself waives his right against^ unreasonable
searches and seizures; and
6. stop'and frisk situations. (People v. Molina, 352 SCRA 174)
60 CRIMINAL LAW
BOOK II OF THIS RISVISIOI) PENAL CODIC
Under the first exception, tho law requires that there be first a
lawful arrest before a search can bo rnado — tho process cannot be
reversed. (People v. Molina, 352 SCRA 174)
Where the gun tucked in a person's waist is plainly visible to
the police, no search is necessary, in the absence of any license of
said firearm, he may be arrested at once as he is in effect commit
ting a crime in the presence of the police officers. (People v. Go, 354
SCRA 338)
As a consequence of a person’s valid warrantless arrest, he
may be used as a proof of the commission of an offense, without a
search warrant. (People v. Conde, 356 SCRA 415)
Warrantless searches of bags of visitors of detainees, a part
of police standard operation procedure, and recognized as part of
precautionary measures by the police to safeguard the safety of the
detainees as well as the over-all security of the jail premises, may be
validly done. (People v. Conde, 365 SCRA 415)
The warrantless search and seizure, as an incident to a sus
pect’s lawful arrest, may extend beyond the person of the one ar
rested to include the premises or surrounding under his immediate
control. (People v. Hindoy, 357 SCRA 692)
The right against unreasonable searches and seizures is a per
sonal right which may be waived expressly or impliedly. Waiver by
implication cannot be presumed. (People v. Cucubin, Jr., 360 SCRA
690)
Peace officers who conduct a warrantless search cannot invoke
regularity in performance of official functions and shift to the ac
cused the burden of proving that the search was unconsented. (Peo
ple v. Cucubin, Jr., 360 SCRA 690)
Problem :
X, a police officer, surreptitiously entered the house of
Maxie. When Maxie arrived, he saw X sitting in comfort sip
ping iced tea in his kitchen. Maxie directed X to leave his home.
X followed the order and left. Is X liable for Violation of Domi
cile? ’
Answ er:
No, X is not liable for Violation of Domicile because he
left the house of Maxie upon being directed to do so. In this
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL ai
LAW OF THE STATE 1
instance, the act punishable is not the entry but the refusal to
leave upon being required by the owner of the house.
I* _______ _
What are the three ways of committing (Violation of Domicile?
1. Entering a dwelling against the will of the owner, searching
documents, papers and effects without the previous consent of
the owner or refusing to leave having surreptitiously entered a
dwelling when required by the owner (Art. 128);
2. Search-W-arrants maliciously obtainedanclabusein the service
of search warrant (Art. 129);
3. Searching domicile without witriesSes;(Art. 130).
A RT. 129. S earch w arrants m aliciously obtain ed and

abuse in the service o f those legally obtained. — In add ition
to th e lia b ility attaching to the offen d er for the com m ission
o f any o th er offen se, the penalty o f arresto m ayor in its m axi
m um p eriod to p rision correccion a l in its m inim um p e riod
and a fine n ot ex ceed in g 1,000 pesos shall be im posed u p on
any p u b lic officer o r em ployee w h ojshall p rocu re a search
w arran t w ith ou t ju st cause, or having legally p ro cu re d the
sam e, shall ex ceed his au th ority or use unnecessary severity
in ex ecu tin g the same!
Two acts punished:
1. Procuring a searchjwarrant^yithputjust cau

2. Abuse in the service of search warrant legally obtained.
Elements of procuring a search warrant without just cause: ,

1. Offender is a public officer;
2. He procures a search warrant;
3. There is no just cause.
Illu stra tion o f p ro c u r in g a sea rch w a rra n t w ith ou t ju s t

ca u se:
Herman, an NBI agent applied for the issuance of a
search warrant. He executed an affidavit that Jaka was keep
ing in his house at 145 Pinewood Street, Woodsgate, Baguio
62 CRIMINAL LAW
City, 5 Kalasnikov rifles, 5 browning automatic rifles and 2

baby armalites. The truth of the matter is that he has no per
sonal knowledge as to the truth thereof. He was going into a
fishing expedition. The judge relied on his sworn statement
and testimony and issued the search warrant. When the search
was implemented, no such items were searched in the house of
Jaka. What crime or crimes can Herman be charged with?
Answ er:
Herman can be charged with V io la tio n o f D o m icile by
procuring a search warrant without caSs^Tn'‘addition, he can
be charged with P erju ryjEor-makingL^false statement in writ
ing and under oath under Art. 183 of the Revised Penal Code.
Illu stra tion o f abuse in the serv ice o f sea rch w a rra n t:
SP02 Martinez led a team of policemen that implement
ed a search warrant in the house of Mary Ann. While they were
conducting the search, Martinez destroyed the dividing walls
and employed violence upon Mary Ann and the members of her
household inflicting physical injuries upon them. What crime
or crimes can SP02 Martinez be charged with?
A nsw er:
SP02 Martinez can be charged with V iola tion .of D om i
cile and separate crimes of P h y sica l Injuries. T here is n o
com p lex crim e. The two felonies have different elements.
ART. 130. S earching dom icile w ithout w itnesses. — The

penalty o f a rresto m ayor in its m edium and m axim um p e rio d s
shall be im posed u pon a p u b lic officer o r em p loyee w h o, in
cases w h ere a search is proper, shall search in d om icile,
papers o r oth er belongings o f any person, in the absen ce
o f the latter, any m em ber o f his fam ily, o r in th eir default,
w ith ou t the presen ce o f tw o w itnesses resid in g in the sam e
locality.
Elements:
1. The offender is a public officer or employee; ^
2. He is armed with a search-warrant legally procured;"
3. He searches the domicile for papers or belongings of an^ per-
son; - . -
TITLE TWO — CRIMES AGAINST THE FUNDAMENTAL
LAW OF THE STATE
4. The owner orany member of his familw^r 2 witnesses residing

in the same lociHity arenot presenjTA
Who must be present when a valid search is conducted on a

domicile?
1. Thejiouse owner;
2. In his absence, any member of his family;
3. In the absence of the two, at least 2 witnesses residing in the
same community.
The obvious reason behind this requirement is to avoid incrim

inatory machination buplanting of evidence.
Section Three — Prohibition, Interruption and D issolu

tion o f Peaceful M eetings
- .
ART. 131. Prohibition, interruption and dissolution o f
p ea cefu l m eetings. —•The penalty o f p rision correction a l in
its m inim um p eriod shall be im posed upon any p u b lic o fficer
or em ployee w ho, w ithout legal ground, shall p roh ib it o r i n
terru pt the h old in g o f a peaceful m eeting, or shall d issolve
the same!
The same penalty shall be im posed upon a p u b lic office r
or em ployee w ho shall hinder any person from jo in in g any
law ful association or from ’attehding any o f its m eetings.
The same penalty shall be im posed u p on any p u b lic o f
ficer or em ployee w ho shall proh ibit o r h in d er any p erson
from addressing, either alone or togeth er w ith oth ers, any
petition to the authorities fo r the co rre ctio n o f abuses o r re
dress o f grievances. > y
Elements: &
1. The offender is a public officeror employee; § p
2. He performs any of the following acts:
a. Prohibiting, interrupting or dissolving any peaceful meet
ing without legal g r o u n d v~—
64 CRIMINAL LAW
b. Hindering any person from joining any ^ la w fu l organi

zation or from attending any of its meetings; or
c. Prohibiting or hindering any person from addressing any
petition to the authorities for correction of abuses or re
dress of grievances.
The right of the people to peaceably assemble and petition the
government for redress of grievances are enshrined and guaranteed
under the Constitution. This is the essence of democracy.
This article presupposes a lawful meeting. The government
has the right to require a permit before any meeting can be held. If
the meeting proceeds without a permit then that meeting is in viola
tion of the law. As a consequence, the meeting may be prohibited,
interrupted or dissolved.
Problem:
A meeting was duly given a permit. In the beginning, the
meeting was peaceful and orderly. In the course thereof, the
participants became unruly. They started shouting defamatory
words and began inciting the people to violate the law. Peace
officers stopped the meeting and dissolved it. Are the peace of
ficers liable for Interruption and dissolution of a peaceful meet
ing?
Answer:
No, the peace officers are not liable for Interruption and
Dissolution of Peaceful Meeting. The permit given is not a li
cense for the participants to commit a crime.
Note:~~
The public officer should not be a participant in the meet
ing. If he is a participant and he prohibits^ interrupts or dis
solves the meeting he does not violate this article. The crime
can be committed by a public officer who is a stranger to the
meeting. But he may be liable for JJnjust V exation under
paragraph 2 of Article 287 of the Revised Penal Code., ?> ;
Two criteria can be used by peace officers in lawfully prohibiting,

interrupting or dissolving a meeting:.
^fvSyi r-
1. The dangerous tendency rule.
2. The clear and present danger rule ‘
LAW OF THE STATE
Section Four — Crimes against Religious Worship
ART. 132. In terru p tion o f religiou s worship. — The pen

alty o f p risio n co rrection a l in its m inim um p eriod shall be
im posed u p on any p u b lic o fficer o r em ployee w h o shall pre
vent o r d istu rb the cerem on ies o r m anifestations o f any reli
gion.
I f the crim e shall have been com m itted w ith v io le n ce or
threats, th e pen alty shall be p rision co rreccio n a l in its m e
d iu m and m axim um periods.
Elements:
1. The offender is a p u blic officer o r em ployee;
2. ReligiQus-ceremoniea,Dr_manifestations of any religion are
aboiitiQjfcakejplace or are going op;
3. Offender~prevents_or_disturbs the same.

Only public officers or employees can commit this crime. Hence,
a private person cannot commit this crime.
When is Interruption of religious worship qualified?
It is qualifieduf it is committed by ^|^ a t s j 3r,yiêncy. >
Manner of commission
When a public officer or employee prevents or disturbs the cer
emonies or the manifestations of any religionf
ART. 133.O ffen d in g religiou s feelin gs. — T he p en a lty o f

arresto m a yor in its m inim um p eriod to p risio n co rre c c io n a l
in its m inim u m p e rio d shall be im posed u p on a n y on e w h o, in
a p lace d ev oted reliîou s w orsh ip o r d u rin g th e ce le b ra tio n
o f any relig iou s cerem on y shall p erform acts n o to rio u s ly o f
fensive to th e feelin g s o f the faithful.
Elements:' M
1. Offender is either a p u b lic o ffice r o r a p riv a te person ;
2. He committedjacts, notorio_usl\Loffensive^t o the feelings of the
faithful:
66 CRIMINAL LAW
3. These acts are committed in a plaj^dedicatedfco^

ship or during^the celebrationjof a religious ceremony.
Who may commit this crime?

Public officer or a private person may commit this crime.
Whether it be a public officer or a private person who commits the
crime, the effect would be the same.
The act notoriously offensive to religious feelings must be di
rected against a religious ritual/practice and the like for the pur
pose of mockery and ridicule.
Illustration:
While a priest was delivering his homily inside the church,
X a devotee belonging to another sect threw rotten tomatoes at
the priest. The act is notoriously offensive to feelings o f the
followers of the religion. X is liable for O ffe n d in g re lig io u s
feelings. In addition, the priest can charge him with S la n d er
by Deed under Art. 359 of the Revised Penal Code.
But assaulting a priest or a preacher during a blessing of
a new house is not tantamount tojviolation of this Jaw. Blessing
a house is not a religious worship or ceremony and the house is
not a place dedicated or devoted to a religious worship.
— oOo —
TITLE THREE
CRIMES AGAINST PUBLIC ORDER
CH APTER ONE
R E B E L L IO N , C O U P D ’E T A T , S E D IT IO N , A N D
D IS L O Y A L T Y CR IM E S
Crimes against public order:

1. Rebellion or insurrection (Art. 134)
2. Conspiracy and proposal to commit rebellion (Art. 136)
3. Disloyalty to public proposal to commit rebellion (Art. 137)
4. Inciting to rebellion (Art. 138)
5. Sedition (Art. 139)
6. Conspiracy to commit sedition (Art. 141)
7. Inciting to sedition (Art. 142)
8. Acts tending to prevent the meeting of Congress and similar
bodies (Art. 143)
9. Disturbance of proceedings of Congress and similar bodies
(Art. 144)
10. Violation of parliamentary immunity (Art. 145)
11. Illegal assemblies (Art. 146)
12. Illegal associations (Art. 147),
13. Direct assaults (Art. 148)
14. Indirect assaults (Art. 149)
15. Disobedience to summons issued by Congress, its committees,
etc., by the constitutional commissions, its committees, etc.
(Art. 150)
67
68 CRIMINAL LAW
16. Resistance and disobedience to n person in authority or the

agents of such person (Art. 161)
17. Tumults and other disturbances of public order (Art. 163)
18. Unlawful use of means of publication and unlawful utterances
(Art. 164)
19. Alarms and scandals (Art. 166)
20. Delivering prisoners from jail (Art. 156)
21. Evasion of service of sentence (Art. 157)
22. Evasion on occasion of disorders (Art. 158)
23. Violation of conditional pardon (Art. 159)
24. Commission of another crime during service of penalty im
posed for another previous offense (Art. 160)
® - fAlXo*
ART. 134. R ebellion o r in su rrection — H ow com m itted .
— The crim e o f rebellion or in su rrection is co m m itte d b y ris
ing p u blicly and taking arms against the G ov ern m en t fo r the
p u rpose o f rem oving from the allegian ce to said G ov ern m en t
o r its laws, the territory o f the R epu b lic o f the P h ilip p in e s o r
any part th ereof, or any bod y o f land, naval o r o th e r arm ed
forces, or dep rivin g the C h ief E xecutive o r th e L egislatu re,
w h olly or partially, o f any o f th eir p o w e rs o r p rerog a tiv es.
(As am ended by RA No. 6968, 86 OG 52, p. 9364.)
Elements: V •
1. That there be public uprising and taking arms against the gov
ernment;
2. That the purposes of the uprising or movement is either:
a. To remove from the allegiance to said government or its
laws the territory of the Philippines or any part thereof,
or any body of land, naval or other armed forces;
b. To deprive the Chief Executive or the Congress wholly or
partially of their privileges.
Manner of commission of Rebellion

The essence of Rebellion is public uprising and taking arms
against the government. Rebellion is a m ass m ovem en t. It must
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 69
Chapter One — Rebellion, Coup d’etat Sedition, and Disloyalty Crimes
be committed by a m u ltitu d e . Therefore, it cannot be committed by

a h an d fu l o f m en/)
Purpose of Rebellion:
1. To o v e r th r o w th e g o v e rn m e n t or to r e m o v e fr o m th e alle
g ia n ce to the government or from its laws Philippine territory
or any part thereof, or any body of land, naval or the armed
forces; or
2. To d e p riv e .th e C h ie f E xecu tiv e o r C on gress wholly or par
tially of any of their powers or prerogatives.
Who are liable for Rebellion or Insurrection?

T h ey are th e fo llo w in g :
1. Any person who commits, maintains or heads a rebellion or
insurrection;
2. Any person who participates or who executes the commands of
others in a rebellion or insurrection.
Rebellion does not require the participation of the military or
the national police.
Rebellion may be committed even without a single shot be-
ingjSm l. No armed confrontations or clashes are necessary. M ere
farmed public uprising is enough.
Distinctions between Rebellion and Insurrection: t

Both are committed in the same manner.
Rebellion is larger in scope. Insurrection has a limited scope.
The object of Rebellion is to overthrow the existing government
while Insurrection seeks to effect some political and social changes.
Illu stra tio n s o f R eb ellio n :
1. A group of a thousand armed men attacked the pro
vincial capitol of Cagayan de Oro. They disarmed the guards,
took over the reign of the provincial government and estab
lished a new government independent of the Republic o f the
Philippines. What crime was committed by the armed men?
Why?
A n sw er: j
They committed Rebellion. They rose publicly and took
arms against the government for the purpose of removing from
70 CRIMINAL LAW
the allegiance of the government a part of its territory. It was

committed by a thousand men and so it complies with the re
quirement that the crime be committed by a multitude.
2. Thousands of armed men attacked the city hall of
Vigan, Ilocos Sur. They occupied the place and declared the
independence of the Republic of Ilocos Sur. They started to run
the city government independent of the national government.
What crime did the armed men commit? Why?
Answ er:
They committed Rebellion. They rose publicly and took
arms against the government for the purpose of declaring the
independence of a part of the territory of the Philippines.
3. Col. Dimaguiba led a thousand soldiers in attacking
Camp Crame. They subdued the military establishment and
began issuing military orders. They established a new com
mand of the armed forces. What crime did they commit? 0
Answer: '
Col. Dimaguiba and his men committed Rebellion. They
rose publicly and took arms against the government for the
purpose of removing from the allegiance of the government a
part of the armed forces.
4. A disgruntled military captain led two battalions
of armed soldiers in attacking the House of Congress. They
occupied the legislature and prevented the law makers from
discharging their duties and functions. What crime did the sol
diers commit? Why? ’■ ' ^ ;
Answer:
The soldiers committed Rebellion. They rose publicly and
took arms against the government for the purpose of depriving
the legislature of its power to legislate or enact laws.
Problem s:
1. Captain Billones led a group of 45 soldiers from the
Philippine Army and attacked Sherwood Hotel in Makati. By
means of force or violence and against the will of the manager
of the Food and Beverage Section they occupied the Mahar-
lika Room. They compelled the manager to serve them food

and drinks. From there, they were interviewed by the media
and they expressed their sentiments against the leadership of
the military and demanded for reforms in the armed forces. In
time they were subdued and arrested. They were charged with
Rebellion. Is the charge correct? Why? If not, for what crime?
Why?
A n sw er:
No, the charge is not correct. The reasons are as follows:
1. The participants are composed of just 45 armed
men. This does not constitute a multitude. A few armed men
who rise publicly do not commit Rebellion; their purpose was
not to declare the independence of a part of the territory of the
Philippines or deprive the President or the legislature of any of
their powers or prerogatives.
At most, they are liable for Grave Coercion. They com
pelled the section manager of the hotel to serve them with food
and drinks. Grave Coercion under Art. 286 of the Revised Pe
nal Code can be committed by compulsion.
2. Gen. Magdangal de Mesa and 40 Soldiers who are
under detention at Camp Crame are facing trial before a Maka
ti Regional Trial Court. They perceived the presiding judge to
be antagonistic to their cause. To dramatize their sentiments,
they walked out of the court room and went to the nearby Re-^
naissance Hotel. Their act caught the attention of the media.
Soon enough, the media followed them and conducted a live
interview with General de Mesa and his men. They complained
that the presiding judge of the court is biased against them and
so they could not expect a fair and impartial trial before him.
They demanded that the case be reraffled to another sala. After
10 hours, the military arrested them. They were charged with
Rebellion. Is the charge plausible?
A nsw er:
No, the charge is not plausible. The elements of Rebellion
are not present. There is no public uprising because there are
just 40 men involved. This number does not constitute a multi
tude. They are not armed. Take note that they are under deten
tion, hence, they are unarmed. The purpose of the walk out was
not to remove from the allegiance of the government any part
72 CRIMINAL LAW
of its territory or to deprive the President or the legislature any

of their powers or prerogative. In this jurisdiction, if any ele
ment of a crime is not present, the crime is not committed.
Query:
The M aguindanao m assacre is to o gruesom e too
forget. It had been condemned worldwide because of its un
paralleled atrocity. Fifty seven innocent persons were killed
mercilessly. The alleged perpetrators were charged with 57
counts of Murder and subsequently with R ebellion.
Students o f law we all are. F or academ ic discus
sion only w ithout any intention w hatsoever o f preem pt
ing future decision by the courts, and becau se it is very
timely, let me give my opin ion on the m atter.
Is the subsequent filing of rebellion tenable?

The subsequent filing o f Rebellion after the 57 cou nts o f
M urder were filed is untenable. Rebellion is committed by rising
publicly and taking arms against the government for the purpose of
removing from the allegiance to the government or from its laws the
territory of the Philippines or any part thereof or any body of land,
naval or the armed forces or depriving the President or the legisla
ture of any of their powers or prerogatives.
In the Maguindanao massacre, the perpetrators did
not take arms against the governm ent for the purpose o f
declaring the independence o f any part o f the territory o f
the Philippines. They did not deprive the C hief E xecutive
(President) or Congress o f any o f their pow ers or p reroga
tives. These elements of Rebellion are not present. The killing of
the victims was election related and not on the occasion of Rebellion
or in furtherance thereof. It is a well buttressed rule in this jurisdic
tion that if any element of the crime is not present, the crime is not
committed.
It is submitted that the perpetrators are liable fo r as
many criminal counts.of Murder as there are num ber o f per
sons killed.
It is not a single offense of Multiple Murder in the contempla
tion of a complex crime under Art. 48 of the Revised Penal Code.
The use o f Automatic- guns j u stifles the filing o f separate
crim es o f Murder. (People v. Mario Tabaco, 270 SCRA 32; People
v. Sanchez, G.R. No. 1 3 1 1 6 August 29, 1999) Thejusejof automatic

/guruTls an exception to the Single Larceny Doctrine which provides
that there is only one crime committed when several crimes result
from a single criminal intent.
The presence of the qualifying circumstances of treachery and
evident premeditation catapult the killing to Murder. So if 57 people
were killed, the prosecution should file 57 cou n ts o f M urder.
Can rebellion be now complexed with common crimes?

Is there now a crime of R eb ellion w ith H om icide, R e b e llio n
w ith R ob b ery , R eb ellion w ith R ape, R ebellion w ith A rson o r
R eb ellion w ith S eriou s P hysical Injuries?
PEOPLE V. HERNANDEZ
99 Phil. 515
Hernandez and others were charged with the crime of Rebel
lion with Multiple Murder, Arson and Robbery. They were found
guilty and were sentenced to suffer life imprisonment. Were the
charges correct?
Held:
No. “ M urder, arson and ro b b e ry are m ere in g re d i
ents o f the crim e o f reb ellion , as a m eans n ecessa ry fo r
th e p erp etra tion o f the offense. S uch com m on o ffe n se s
are a b sorb ed o r in h eren t in the crim e o f re b e llio n . In
asm u ch as the acts specified in Art. 135 co n s titu te .o n e
sin gle crim e, it follow s that said acts o ffe r n o o c c a s io n
fo r the ap p lica tio n o f Art. 48, w h ich req u ires th e re fo re
th e com m ission o f at least tw o crim es.” (P eo p le v. H er
n andez, 99 P hil. 515)
That both purpose and overt acts are essential compo
nents of one crime, and that without either of them the crime
of rebellion legally does not exist, is shown by the absence of
any penalty attached to Art. 134. It fo llo w s th e re fo re that
, an y o r all o f the acts d e scrib e d in A rt. 135, w h en com
m itted as a m eans to o r in fu rth e ra n ce o f th e su b versive
en d s b e co m e a b so rb e d in th e crim es in th em selves. Not
every act of violence is to be deemed absorbed in the crime of
rebellion solely because it happens to be committed simultane
ously with rebellion. But a rebel who for some-independent or
CRIMINAL LAW
personal motives, commits murder or other motives, is liable

ibr murder or other common offenses. (People u. Geronimo)
The case o f Ju an P o n ce E nrile v. J udge Sajazar^ 186
SC E A 217
Then Senator. Juan Ponce. Enrile, Spouses Panlilio and
Gregorio HonaSaii were charged with the crime of rebellion
with m urder and multiple frustrated murder allegedly com
mitted during the failed coup attempt (read: on the occasion of,
not in furtherance of) from November 29 to December 10,1990.
Ruling:
T h e Hernandez ruling remains a binding doctrine to
prohibit rebellion being com plexed with any oth er of
fense committed in the occasion thereof, either as a means or
as an intended effect. Information must be read as charging
simple rebellion only, hence petitioners are entitled to bail
before final conviction”
Rebellion can now be complexed with Common Crimes

Not so long ago, or on June 05, 1990, the Supreme Court, in
Ponce Enrile v. Salazar, et al., 186 SCRA 217, reiterated and re
affirmed the rule laid down in People v. Hernandez, 99 Phil. 515,
(July 18,1956) that rebellion may not be complexed with common
crimes which are committed in furtherance thereof because such
crimes are absorbed in the rebellion. In view of said reaffirmation
some believe that it has been a settled doctrine that rebellion can
not be complexed with common crimes such as killings, destruction
of property, etc., committed in the occasion and in the furtherance
thereof. The thinking is not anymore correct, m ore so that
there is no legal basis for such rule now. - ’
The pronouncement in People v. Hernandez (supra) that
common crimes committed in furtherance of rebellion are absorbed
by the crime of rebellion was dictated by provisions of Art. 135 of
the Revised Penal Code prior to the amendments by RA No. 6968
(An Act Punishing the Crime of Coup d'etat) by amending Articles
134,135 and 136 of the Revised Penal Code, and for other purposes
commonly referred to as the Coup d’ etat law, which became effec
tive on October 24,1990. It may be recalled that although the crime
of rebellion is defined in Art. 134 of the Code, the penalty thereof is
prescribed in Art. 135 based on the participation or acts done by the
rebels who merely follow or execute the commands of others, while
a higher penalty is prescribed for those who promote, maintain, or

head a rebellion or insurrection. Included in the higher penalty for
rebellion before said Art. 135 was amended by RA 6968 is any per
son jw ho, w h ile h o ld in g puhlic^nffice pr em p loym en t takes
part th erein by:
“ E n g a g in g in w ar against the forces o f the governm ent,

d estroy in g p ro p e rty o r com m ittin g serious violen ce, exact-
ing co n trib u tio n s o r d ivertin g p u b lic funds from the law ful
p u rp ose w h ich th ey have been appropriated.”
Since higher penalty is prescribed for the crime of rebellion
when any of specified acts are committed in furtherance thereof, the
said acts are punished as com pon en ts o f the crim e o f rebellion
and, therefore, should not be treated as distinct crimes, although
the same acts constitute distinct crimes when committed on a differ
ent occasion and not in furtherance of the rebellion.
In short, it was because of Art. 135 of the Code which then
punished said acts as components of the crime of rebellion that pre
cludes the application thereto of Art. 48 on complex crimes. In the
eyes o f the law then, said acts constitute only the crim e —
and that is rebellion . ;
The H ern an dez doctrine was reaffirmed in Ponce Enrile u.
Salazar, et al., because the text of Art. 135 has remained the same
as it was when the Supreme Court resolved the same issue in the
Hernandez case, until the Code was amended by the advent of RA
6968 which was approved on October 24, 1990.
The Supreme Court, in P once Enrile v. Salazar, et a l., in
vited attention to this fact and stated thus:
“There is an apparent need to restructure the law o f re
bellion, eith er to raise the pen a lty th ereo f or to clea rly define
and delim it the oth er offenses to be considered as absorbed
thereby, so th a t it ca n not be con v en ien tlyjitilized as the um-
brella foT zêrvsdrt o f illesaljactivity undertaken in its nam e.
The cou rt has no p ow er to effect such change, fo r it can only
interpret th e law as it stands at any given time and what is
needed lies beyond interpretation/ Hopefully, Congress w ilT
p erceive the need fo r prom ptly seizing the initiative in this
m anner which is p u rely within its p rovin ce ”
Obviously, Congress took notice of this pronouncement and
thus, in enacting RA 6968, it did not only p rovide for the crim e
m
76 CRIMINAL LAW
o f C ou p d ’e ta t in the Code but moreover, d e le te d fr o m th e p r o v i

s io n o f A rt. 135 that portion referring to those:
“ Who w h ile h o ld in g a n y p u b lic o ffic e o r em p loym en t

ta k e s p a r t th ere in (r e b e llio n o r in s u r r e c tio n ), e n g a g in g in
w a r a g a in st th e fo r c e s o f th e g o v e r n m e n t, d e s tr o y in g p r o p e r ty
o r co m m ittin g se r io u s v io le n c e , e x a c tin g c o n tr ib u tio n s o r di
v ertin g p u b lic fu n d s a p p r o p r ia te d
Hence, the overt acts used to be punished as components o f the

crime of rebellion h a v e b e e n s e v e r e d therefrom by RA 6968. The
leg al im p e d im e n t to th e a p p lic a tio n o f A rt. 48 o f th e C o d e to
th e r e b e llio n h a d b e e n r e m o v e d . After the amendment, common
crimes inyplying killings, serious violence, robberies and/or destruc-
tion of property, even thoughjcommitted by rebels in furtherance
o f a rebellion, shall bring, aboutxomplex crime o f R e b e llio n lw ith "
H o m icid e o r R e b e llio n w ith R o b b e ry , R e b e llio n w ith A rso n
an d R e b e llio n w ith S e rio u s P h y sica l In ju rie s as the case may
be.
Moreover, RA 6968 included conspiracy and proposal to com

mit cou p d ’e ta t as crimes punishable under Art. 136 o f the Revised *
Penal Code.
To this day, there is yet no case overturning Enrile v. Salazar.
N ote:
H ow sh ou ld b a r ex a m in ees a n sw er th e q u e stio n ?
Bar examinees may answer a question of this nature if asked

in the Bar Examination that rebellion cannot be complexed with
common crimes in line with the Hernandez ruling. In addition, they
can proceed discussing the new developments in criminal law and
answer that based on the Enrile v. Salazar case, “ r e b e llio n ca n
n ow b e co m p le x e d w ith co m m o n p rim es b e ca u se th e re is
n o m ore leg a l ob sta cle to co m p le x re b e llio n w itli co m m o n
crim es.”
But they should not answer.... In o n e ca se d e c id e d b y the

S u p rem e C ou rt R e b e llio n ca n n o w b e c o m p le x e d w ith co m
m o n crim es b eca u se th ere is y e t n o ca se d e cid e d . W hat I am
sa y in g is th at th ere is n o m ore legal o b sta cle to c o m p le x R e
b e llio n w ith com m o n crim es.
ART. 134-A. Coup d’etat — How comm itted. — The crime

o f coup d ’eta t is a swift attack accom panied by violence, in
tim idation, threat strategy or stealth, directed against duly
constituted authorities o f the R epublic o f the Philippines,
or any m ilitary cam p or installation, com m unications net
w orks, p u blic utilities or other facilities needed for the exer
cise and con tin u ed possession o f pow er/sin gly or simultane
ously carried out anywhere in the Philippines by any person
or persons, belon gin g to the military or police or holding any
p u blic office or employm ent, with or without civilian sup
p ort or participation, for the purpose o f seizing or dim inish
ing state pow er.
Manner of commission:
1. Violence
2. Intimidation
3. Threat
4. Strategy
5. Stealth .
Keyw ord: VITSS
Who may commit Coup d’etat?

1. Only a person or persons who belong to the military or police or
holding public office or employment.
2. Any person not in the government sîvkejwJiO-participates,-or-
in any manner_snpports, finances, abettor aids in the-under-
taking of coup d’ etoi.
Characteristics of Coup d’etat:

1. There is a sw ift attack upon the facilities of the government:
2. It may be committed singly or collectively; :
3. The objective may not be to overthrow the governm ent but
to destab iliz ^ r c T a r S y ze the g o v ^ n m ent^through the sei
zure of facilities or utilities;
4. ,. The m ^ i5ers~ of.tfie armecTforcP

78 CRIMINAL LAW
5. May be carried out not only by force or violence but also through
stealth, threat or strategy.
Illustration:
At the break of dawn, two platoons of the marines at
tacked ABS-CBN Radio network and forcibly took over its
management. They controlled the broadcast media and aired
their grievance against the military and the government. What
crime did they commit?
Answer:
They committed Coup d’etat. They swiftly attacked a
communication network and the purpose was to destabilize the
government.
Distinctions between Rebellion, Coup D’etat and Sedition

1. As to Rebellion:
Manner o f commission
It is committed by rising publicly and taking arms
against the government.
Purpose o f commission
To remove from the allegiance to the government or from
its laws any part of the territory of the Philippines, or any body
of land, naval or the armed forces, or depriving the Chief Ex
ecutive or the legislature, wholly or partially, any of their pow
ers or prerogatives.
It can be committed by a M ultitude} Therefore, it cannot
be committed by a handful of mem ^
2. As to coup d’etat:
Manner o f commission
, 1. The essence of the crime is a swift attack upon the facili
ties of the Philippine Government, military camps and in
stallations, communication networks, public utilities and
facilities essential to the continued possession of govern
mental powers accompanied by violence, intimidation*
threat, strategy, and stealth; Keyword: VITSS
TITLE THREE — CRIMES AGAINST PUBLIC ORDER
79
2. Coup d ’etat may be committed singly o r collectively

and does not requ ire a m ultitude o f people.
P u rpose o f com m ission
The objective may not be to overthrow the government,
but to seize or dim inish state p ow er through the seizure of
facihtfefand utilities essential to the continued possession and
exercise of governmental powers.
The p rin cipal offender must be a m em ber o f the
A FP or o f the PNP organization or a p u blic with or with
out civilian support;
3. As to Sedition:
M anner o f com m ission
It is committed by rising p u blicly and tum ultuously.
Purpose o f com m ission
To effect some social or political changes or to prevent the
exerciselif^governmental-authority witlxxespect to particular^
matters.-
M anner o f com m ission
There is also public uprising. It can be xommitted by a
îhuTtitudeJ A handful of men cannot commit Sedition.
ART. 135. P enalty fo r rebellion, in su rrection o r cou p

d’etat. — A ny p erson w ho prom otes, m aintains o r h eads a re
bellion o r in su rrection shalFsuffer the penalty o f R eclu sion
p erp etu a .
A ny p erson m erely p articipatin g o r execu tin g th e co m
m ands o f oth ers in a reb ellion or in su rrection shall su ffer
the p en alty o f reclusion tem poral.
A n y p erson w h o leads o r in any m anner d irects o r co m
m ands oth ers to undertake coup d ’eta t shall su ffer th e p en
alty o f reclu sion p erp etu a .
A ny person in the govern m en t serv ice w h o p a rticip a tes,
or execu tes d irection s o r com m ands o f oth ers in u n d erta k
ing a coup d’eta t shall su ffer the p en alty o f reclu sion tem po
ral in its m axim um p eriod .
80 CRIMINAL LAW
A ny p erson n ot in the govern m en t serv ice w h o partici

pates, or in any m anner su pports, finances, abets or aids in
u nd ertakin g a coup d ’eta t shall su ffer the pen alty o f p rision
m ayor in its m axim um p eriod .
W hen the rebellion , in su rrection , o r cou p d ’ eta t shall be
u n d er the com m and o f u n k n ow n lead ers, any p erson w ho in
fact d irected the others, sp ok e fo r them , sign ed receip ts and
oth er docum ents issued in th eir nam e, o r p erform ed sim ilar
acts, on b eh a lf o f the rebels shall be deem ed a lea d er o f such
rebellion , in su rrection , o r coup d ’e ta t. (As am ended by RA
No. 6968)
Penalty imposable:
1. Reclusion perpetua shall be imposed upon any person who pro
motes, maintains, or heads a rebellion or insurrection;
2. Reclusion temporal shall be imposed upon any person who par-1
ticipates or executes the commands of others in rebellion or
insurrection (as amended by RA 6968, the Coup d’ etat la w );
3. Reclusion perpetua shall be imposed upon any person who
leads or directs or commands others to undertake coup d ’ etat;
4. Reclusion temporal shall be imposed upon any person in the
government service who participates or executes directions or
commands of others in undertaking coup d ’ etat; and
5. Prision mayor in its maximum period shall be imposed upon
any person not in the government service who participates or
executes directions or commands of others in undertaking coup
d ’ etat.
A RT. 136. C onspiracy and p ro p o sa l to com m it cou p d ’eta t,

reb ellion o r in su rrection . — The co n sp ira cy and p ro p o sa l to
com m it cou p d ’eta t shall be pu nish ed b y p ris io n m a yor in
its m in im u m p erio d and a fine w h ich shall n ot e x ce e d eigh t
th ou sa n d p esos (P8,000.00).
T he co n sp ira cy and p rop osa l to com m it re b e llio n or
in su rre ctio n shall be pu nish ed resp ectiv ely , b y p r is io n cor
r e c tio n a l in its m axim um p e rio d and a fine w h ich shall n ot
e x ce e d five th ou san d pesos (P5,000.00) and b y p r is io n cor
r e c tio n a l in its m ed iu m p e rio d and a fine n ot e x ce e d in g tw o
th ou san d pesos (P2,000.00). (As a m e n d e d by R A No. 6968) I
81
N otes:
Q o n sp irn c y tn r o m m it Caup iTetat exists when two or more
persons come to an agreement concerning the commission o f coup d *
etat and decide to commit it.
Conspiracy j o c o m m it rp_h«dHon. exists when two or more
persottS"come to an agreement concerning the commission o f rebel
lion and decide to commit it.
Conspiracy to commit insurrection exists when two or
more persons come to an agreement concerning the commission o f
insurrection and decide to commit it.
Proposal to commit coup d’eta t exists when a person who
has decided to commit coup d ’eta t proposes its execution to
some other person or persons.
Proposal to commit rebellion exists when a person who has
decided to commit rebellion proposes its execution to some other
person or persons.
Proposal to commit insurrection exists when a person who
has decided to commit insurrection proposes its execution to some
other person or persons.
Conspiracy to commit any of the above crimes can be com m it
ted only in the conspiracy or preparatory stage. The moment any o f
the conspirators commits the crime, everybody will be liable for the
crime committed.
ART. 137. D isloyalty o f p u b lic officers o r em ployees . —

The penalty p risio n correccion a l in its m inim um period shall
be imposed upon 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 o f their offices under
the control o f the rebels or shall accept appointm ent to office
under them.
What is the crime of DISLOYALTY OF PUBLIC OFFICERS OR

EMPLOYEES?
It is the crim e com m itted by any p u b lic o f fic e r -o r e m p lo y e e

who during a rebellion:
1. ^Failed to resist thejg b e llion by all means within his power;

82 CRIMINAL LAW
2. Continued tn discharge or perform his duties and functions un

der the control of the rebels;
3. Accepted a position or office under the rebels.
Illustration :
Members of an armed separatist movement numbering
thousands attacked and placed under their control and opera
tion the provincial government of Pangasinan. They declared
the independence of the Republic of Pangasinan from the terri
tory of the Philippines. The Governor of the province continued
to perform his duties under the control of the rebels. Is the
Governor liable? If so, what crime? Why?
Answer:
The Governor is liable for the crime of D isloyalty. He
continued to work or perform his duties as governor under the
control of the rebels. His act amounted to an act of disloyalty to
the republic.
ART. 138. In citin g to rebellion o r insurrection. —■The

penalty o f p rision m ayor in its m inim um p eriod shall b e im
posed upon any person, w ho without taking arms o r bein g
in open hostility against the Governm ent, shall in cite oth
ers to the execu tion o f any o f the acts specified in Art. 134
o f this Code, by m eans o f speeches, proclam ations, w ritings,
emblems, banners or other representations ten d in g to the
same end. (Restored EO No. 187)

Any person.
Manner of commission of Inciting to Rebellion or Insurrection
It is committed by inciting others to commit rebellion or insur
rection by means of:
1. speeches,-^
2. proclamations, 3K '
3. writings, /
4. . emblems, orlditq t# I ,
5. banners, or ^
6. ? other representations tending to the same end. /
ART.lS9^SedifignSr- How com m itted. — The crim e o f se

d ition is com m itted by persons w ho rise pu blicly and tumul
tu ou sly in ord e r to attain by force, intim idation, or by other
m eans ou tsid e o f legal m ethods, any o f the follow in g objects:
1. T o prevent the promulgatlon^QXjexejcutiQnjpf any

law o r th e h old in g of any popular election;
2. T o p reven t the National Governm ent, or any p ro

v in cia l o r m u n icipal governm ent, or any pu blic officer there
of, from fr eely exercisin g its or his functions, or prevent the
execu tion o f any adm inistrative order;
3. T o in flict any act o f hate or revenge upon the per

son o r p rop erty o f any pu blic officer or em ployee;
4. T o com m it, fo r any social or political end, any act o f

hate o r reven ge against private persons or any social class;
and
5. T o d esp oil for any political or social end, any per

son, m u n icipality o r province, or National Governm ent o f all
its p rop erty o r any part thereof. (As amended by Com. A ct No.
202)
Elements:
1. The offenders rise publicly and tum ultuously^.
2. They employ force, intim idation, or by other m eans out-
side o f legal m ethods.
Illustrations:
1. During a national election, a political group com
posed of thousands, rose publicly and prevented the holding
of the election contending that millions of voters were disen
franchised. T hey are liable for Sedition becau se they rose
p u b licly and preven ted the h oldin g o f a national elec
tion. (P aragraph 1, Art. 139)
2. During the administration of President Joseph Es
trada, he issued Administrative Order No. 1 appointing Cong.
Felicito Payumo as Chairman of SBMA in lieu of Richard Gor
don. The many supporters of Gordon barricaded the offices of
84 CRIMINAL LAW
the SBMA and prevented the police from executing the admin
istrative order by repulsing the policemen who were sent to
implement it by force or intimidation. What crime did the sup
porters of Gordon commit it any? T hey com m itted Sedition
because they rose pu blicly and tum ultuously and pre
vented the execution o f an adm inistrative ord er. (Para-
grap 2, Art. 139)
3. A large group of people noisily and boisterously
marched through the public streets chanting words to express
disgust, frustrations, sentiments and hate against a city coun
cilor. They proceeded to the city hall and attacked the person
of the city councilor. They com m itted Sedition. T hey rose
publicly and tum ultuously and inflicted an act o f hate
or revenge against the person o f the city cou n cilor.
(Paragraph 3, Art. 139)
Suppose instead of attacking the city councilor, the peo
ple vented their ire by attacking the car of the city councilor
parked in front of the city hall by pelting it with stones and ob
jects, what crime did they commit? Still the crim e com m it
ted is Sedition. The crim e can be com m itted b y rising
pu blicly and tumultuously and by means o f hate or re
venge inflict any act o f hate or revenge upon the person
or property o f a public officer or em ployee. (Paragraph
3, Art. 139)
4. A large group of people took the streets and created
commotions. As an act of hate or revenge, they attacked a pri
vate person or his property. What crime is committed? They
com m itted Sedition. They rose publicly and tum ultu
ously and by means o f hate or revenge, they attacked
the person or property o f a private person. (Paragraph
4, Art. 139)
5. Prompted by rice shortage, a lot of people went to the
NFA to get rice. The crowd grew bigger and bigger. They be
came unruly. They began protesting against the government.
Thereupon, they forcibly opened the granaries and distributed
rice to many people. They com m itted Sedition because
they rose publicly and tum ultuously and despoiled for
political or social end, a property belon gin g to the gov
ernment. (Paragraph 5, Art. 139)
A RT. 140. P en a lty fo r sed ition . — The leader o f a sedi

tion shall su ffer the penalty o f p rision m ayor in its m inim um
p eriod an d a fine n ot ex ce e d in g P10,000.
O th er p erson s p a rticip a tin g th erein shall su ffer the
p en alty o f p risio n co rreccio n a l in its m axim um p eriod and a
fine n ot e x ce e d in g 5,000 pesos. (R estored by EO No. 187)
A R T . 141. C onspiracy to com m it sedition. — P erson s co n

sp irin g to com m it the crim e sedition shall be pu nish ed by
p risio n co rreccio n a l in its m edium period and a fine n ot ex
ce e d in g 2,000 pesos. (R estored by E.O. No. 187)
C on sp ira cy to com m it sedition takes place when two or
more persons come to an agreement concerning the commission of
sedition and decide to commit it.
P rop osa l to com m it sedition is not a crim e. It is not pun
ished by law.
The offender is not a participant of the sedition but incites oth
ers to commit the crime of Sedition.
ART. 142. In citin g Sedition. — The penalty o f p risio n

correctio n a l in its m axim um p eriod and a fine n ot ex ceed in g
2,000 p esos shall be im posed upon any person w ho,
w ith ou t tak in g any d irect part in the crim e o f sedition ,
sh ou ld in cite oth ers to the accom plishm ent o f any o f the
acts w h ich con stitute sedition, by m eans o f speech es,
proclam ation s, w ritings, emblems, cartoons, banners, o r
oth er rep resen tation s tending to the same end; or. u p on
any p erson o r person s w ho shall utter seditiou s w ords
or sp eech es, w rite, publish, or circu late scu rrilou s libels
against the G overnm ent o f the P hilippines, or any o f duly
con stitu ted au th orities thereof, w hich tend to disturb or
obstru ct any u nlaw ful officer in execu tin g the fu n ction s
o f his office; or w h ich tend to instigate others to cabal and
m eet tog eth er fo r u nlaw ful purposes; o r w h ich suggest or
incite con sp ira cies or riots; or w h ich lead o r to ten d to stir
up against the law ful authorities; or to disturb the peace
against the law fu l authorities; or to disturb th e,peace o f the
com m unity, the safety and o rd er o f the G overnm ent, or who
shall k n ow in g ly con ce a l such evil practices. *
86 CR041XAL LAW
BOOK D OF TOE REVISED P&XAL CODE
What are the ways of committing Inciting to Sedition? (Bair ques

tion 2008)
1. Speeches;
2. Proclamations;
3. Writings;
4. Emblems;
5. Cartoons;
6. Banners; or
7. Other representations.
Cabal — persons secretly united and who use devious and un
dercover means to undermine or cause the downfall o f a person in
authority.
CHAPTER TWO
CRIMES AGAINST POPULAR

REPRESENTATION
S ection One — Crimes Against Legislative Bodies

and Similar Bodies
ART. 143. A cts ten d in g to preven t the m eeting o f the as

sem bly and sim ila r bodies. — The penalty o f prision correc-
cion al o r a fine ran gin g from 200 to 2,000 pesos, or both, shall
be im p osed u p on any person w ho, by force or fraud, prevents
the m eetin g o f the N ational Assem bly (Congress o f the Phil
ippines) o r an y o f its com m ittees or sub-comm ittees, con sti
tutional com m ission s or com m ittees or divisions thereof,
or o f any p rov in cia l board or city or m unicipal cou n cil or
board. (As am ended by Com. A cts No. 264.) (Restored by E.O.
No. 187)
How the crime is committed

P rev en tin g the m eeting of:
1. Congress
2. Sub-committees - V
3. Constitutional commissions
4. Provincial board
5. City council j '
6. Municipal council
By means of force or fraud
The offender doesn’t have to actually prevent the meeting. I f
his act ten ds to p rev en t the m eeting, the crim e is consum
mated.
87
SB CRIMINAL LAW
ART. 144. D isturbance o f p ro ceed in g s. — T he penalty

o f arresto m ayor or a fine from 200 to 1,000 p esos shall be
im posed upon any person who disturbs the m eetin g s o f the
National Assembly (Congress o f the P h ilip pin es) o r any o f
its comm ittees or subcom m ittees, con stitu tion a l com m ittees
or divisions thereof, or o f any p rov in cia l b o a rd o r city or
m unicipal council or board, or in the p resen ce o f an y such
bodies should behave in such m anner as to in te rru p t its
proceedings or to im pair the respect due to it. (As am ended
by Com. Act No. 264.) (Restored by E.O. No. 187)
Elements:
1. There is a meeting of Congress or any of its committees or sub
committees, constitutional commissions or committees or di
visions thereof, or any provincial board or city or municipal
council;
2. The offender performs any of the following acts:
a. Disturbs any of such meetings;
b. Behaves in such a manner as to interrupt its proceedings
or to impair the respect due to it.
Section Two — Violation o f Parliam entary Im m unity
ART. 145. Violation o f parliam entary immunity. — The

penalty o f prision mayor shall be im posed upon any p erson
who shall use force, intimidation, threats, or frau d to p re
vent any member o f the National Assem bly (C ongress o f the
Philippines) from attending the m eetings o f the A ssem bly
(Congress) or o f any o f its com m ittees or sub-com m ittees,
constitutional commissions or com m ittees or d ivision s th ere
of, from expressing his opinions or casting his vote; and the
penalty o f prision correccional shall be im posed u p on any
public officer or employee who shall, while the assem bly is
in regular or special session, arrest or search any m em ber
thereof, except in case such mem ber has com m itted a crim e
punishable under this Code by a penalty higher than p risio n
mayor. (As amended by Com. A ct No. 264)
How Is the crime of Violation of Parliamentary Immunity commit

ted?
1% Preventing any member of Congress from attending the meet-
Chapter Two — Crimes Against Popular Representation
ings of Congress or any of its committees or divisions by force,

intimidation, threats or fraud;
2. Preventing any member of Congress from expressing his opin
ions or casting his vote;
3. Arresting any member of Congress while Congress is in regu
lar or special session except when the penalty for the crime is
punishable by a pen alty h igh er than p rision mayor;
4. Searching any member of Congress while Congress is in regu
lar or special session except when the penalty for the crime is
punishable by a penalty higher than prision mayor.
P roblem :
On his way to attend a regular session of the House of
Congress, Congressman Mauricio figured in a vehicular acci
dent. Both the Congressman and the driver of the other ve
hicle alighted. An altercation ensued. In the process, the Con
gressman shot the driver with his licensed firearm. The bullet
grazed the left arm of the driver. A policeman came and arrest
ed Congressman Mauricio. Is the policeman liable for Violation
of Parliamentary immunity?
A nsw er:
Yes, the policem an is liable for V iolation o f Par
liam entary Imm unity. The Constitution provides that a
member of Congress is immune from search and arrest except
when the penalty for the offense committed by him is higher
than p rision correccion al. There is an apparent conflict be
tween Art, 145 and the Constitution. Art. 145 provides that
a member of Congress is immune from search and arrest ex
cept when the penalty for the crime be higher than p rision
mayor. The Constitution being the highest law of the land
prevails. The crime committed by Congressman Mauricio is
Attempted Homicide which is punishable by p rision correc
cional. This penalty is not higher than prision correccional.
Therefore, Congressman Mauricio is entitled to the immunity
from arrest. Having thus arrested the congressman, the police
man is criminally liable.
CHAPTER THREE
ILLEGAL ASSEMBLY AND ASSOCIATION
ART. 146. Illeg a l a ssem blies. — T he p e n a lty o f p r is io n

correccign a l in its m axim um p e r io d to p r is io n m a y o r in its
m edium p eriod shall be im p osed u p o n th e o r g a n iz e rs o r
leaders o f any m eetin g a tten d ed b y arm ed p e rso n s fo r the
pu rpose o f com m ittin g any o f the crim e o f trea son , r e b e llio n ,
insurrection, sedition o r assault u p on a p e rs o n in a u th o rity
or his agents. P ersons m erely p resen t at su ch m e e tin g shall
suffer the penalty o f a rresto mayor, unless th ey are arm ed , in
w hich case the penalty shall be p risio n c o r r e c c io n a l.
I f any person presen t at the m eetin g ca rrie s an unli
censed firearm, it shall be presum ed that the p u rp o se o f said
m eeting in sofar as he is co n cern ed , is to com m it acts pu nish
able by under this Code, and shall be co n sid e re d a le a d e r o r
organizer o f the m eeting w ithin the p u rv iew o f th e p re ce d
ing paragraph.
As used in this article, the w ord “ m eetin g” shall be un
derstood to include a gathering or grou p, w h eth er in a fixed
place or m oving. (As am ended by RA N o. 12, a p p roved Sep
tem ber 5, 1946) (Restored by E.O. No. 187)
This law punishes a gathering of people for illegal purpose. The
unlawful purpose must be punished under the Revised Penal Code.
If the unlawful purpose is punishable by special law, illegal assem
bly is not committed.
Two forms of illegal assembly:

1. Meeting attended by armed persons for the purpose of commit
ting any of the crimes under the Revised Penal Code;
2. A meeting in which the audience is incited to commit the crime
of treason, rebellion or insurrection, sedition or assault upon a
person in authority or his agent.
90
\
Chapter Throe — Illegal Aflaembly and Association
Acts punished:
B A n y m e e tin g a tten d e d b y a rm ed p erson s fo r the p u rp ose
o f co m m ittin g an y o f th e crim es p u n ish a b le b y the C ode.
Elements:
a. There is a meeting, gathering or group of persons, wheth
er in fixed place or moving;
b. The meeting is attended by armed persons;
c. The purpose of the meeting is to commit any of the crimes
punishable under the Revised Penal Code.
N ote:
If a group of armed men gathered and conspired for the
purpose of committing kidnapping, illegal assembly is commit
ted not because of the conspiracy but because of the gathering
of armed men. Kidnapping is punished under the Revised Pe
nal Code.
2. A n y m e e tin g in w h ich the au d ien ce, w h eth er arm ed o r
n ot, is in cite d to th e com m ission o f the crim e o f trea son ,
re b e llio n , o r in su rrection , sedition , o r assault u p o n p e r
son in a u th ority o r his agents.
E lem en ts:
a. There is a meeting, a gathering or group of persons,
whether in a fixed place or moving;
b. The audience, whether armed or not, is incited to the com
mission of the crime of treason, rebellion or insurrection,
sedition or direct assault.
Persons liable for illegal assembly:

1. The organizer or leaders of the meeting;
2. Persons merely present at the meeting.
“M eetin g ” could be in a fixed place or moving.
Presumption if a person present at the meeting carries an ***'

unlicensed firearm
If any person present at the meeting carries an unlicensed fire
arm, it is presumed that the purpose of the meeting insofar as he
is concerned is to commit acts punishable under the Revised Penal
92 CRIMINAL LAW
Code, and h e is c o n s id e r e d a le a d e r o r o rg a n iz e r o f th e m eet

in g. (Art. 146, par. 2)
P rob lem s:
1. A group of drug pushers had a meeting in the
campus of a university. They agreed and decided to distribute
and sell shabu and other illegal drugs to the students of the
colleges and universities in the city. Are the members of the
group liable for Illegal Assembly?
A n sw er:
N o, th ey are n o t lia b le fo r illegal assem bly. This
crime is committed by a gathering of people for illegal purpose
p u n ish a b le b y th e R evised P enal C ode. The gathering of
drug pushers to facilitate drug trafficking is not illegal assem
bly because the purpose is not violative of the Revised Penal
Code but of the drugs law which is a special law.
Suppose the purpose of the meeting is to incite the audi
ence to commit rebellion, insurrection, sedition or assault upon
a person in authority, what is the crime committed if any?
Why?
A n sw er:
The crime committed is illegal assembly because the au
dience is incited to commit rebellion or insurrection, sedition or
an assault upon a person in authority.
Distinctions between illegal assembly and illegal association

In illegal assembly, the basis of liability is the gathering for an
illegal purpose which constitutes a felony under the Revised Penal
Code.
In illegal association, the basis is the formation of or organiza
tion of an association to engage in an unlawful purpose which is not
limited to a violation of Revised Penal Code. It includes a violation of
special law or those against public morals. It has nothing to do with
decency or acts of obscenity.
A R T. 147. Illeg a l a ssocia tion s. — The pen alty o f p risio n

co rr e c c io n a l in its m inim u m and m ed iu m p e rio d s and a fine
n o t e x ce e d in g 1,000 p esos shall be im p osed u p on the fou n d
ers, d ire cto rs, and p resid en ts o f th e associa tion s totally or
TIT LIC T il It ICI'j — CHI MLH AGAINST PUBLIC ORDER 93
Chapter! Three —I Illegul ABBornbly and Association
p artially o rg a n ized for the p u rp ose o f com m ittin g any o f the

crim es p u n ish a b le u n d er the C ode o f fo r som e p u rp ose con
trary to p u b lic m orals. M ere m em bers o f said association s
shall su ffe r th e p en alty o f a rresto m a yor. (R estored by EO
No. 187)
Ille g a l a ssocia tion s:
1. Associations totally or partially organized for the purpose
of committing any of the crimes punishable under the
Code;
2. Associations totally or partially organized for some pur
pose contrary to public morals.
P e rso n s liable:
1. Founders, directors and president of the association;
2. Mere members of the association.
Illu stra tio n :
An association was organized for the purpose of illegal
recruitment. Is there an illegal association? Yes, because the
purpose of the association is contrary to public morals.
Distinctions between illegal association and illegal assembly:

1. In illegal association, it is not necessary that there be an actual
meeting.
In illegal assembly, it is necessary that there is an ac
tual meeting or assembly or armed persons for the purpose of
committing any of the crimes punishable under the Code, or of
individuals who, although not armed, are incited to the com
mission or treason, rebellion, sedition, or assault upon a person
in authority or his agent.
2. In illegal association, it is the act of forming or organizing and
membership on the association that are punished.
In illegal assembly, it is the meeting and attendance at
such meeting that are punished.
3. In illegal association, the persons liable are: (1) the founders,
directors and president; and (2) the mem bers..
In illeg a l assem bly, the p erson s lia b le are: *
(1) The organizers or leaders of the meeting; and
(2) The persons present at the meeting.
CHAPTER FOUR
ASSAULT UPON, AND RESISTANCE AND
DISOBEDIENCE TO PERSONS IN AUTHORITY
AND THEIR AGENTS
A R T. 148. D irect assaults. — A n y p e rs o n o r p e r s o n s w h o,
w ith ou t a p u b lic u p risin g, shall em p lo y fo r c e o r in tim id a tio n
fo r th e attain m en t o f any o f the p u rp o se s e n u m e ra te d in de
fin in g th e crim es o f re b e llio n and sed ition , o r sh a ll attack,
em p loy fo rce , o r seriou sly in tim id ate o r re sis t a n y p e r so n in
a u th ority o r any o f his agents, w h ile e n g a g e d in th e p e r fo r
m a n ce o f officia l duties, o r on o c c a s io n o f su ch p e r fo r m a n c e ,
shall su ffer the pen alty o f p risio n c o r r e c c io n a l in its m e d iu m
an d m axim u m p eriod s and a fine n ot e x c e e d in g 1,000 p esos,
w h en the assault is com m itted w ith a w e a p o n o r w h e n the
o ffe n d e r is a p u b lic office r o r e m p loyee, o r w h en th e o ffe n d e r
lays h ands u p on a p erson in au th ority. I f n o n e o f th ese c ir
cu m stan ces be present, the p en a lty o f p r is io n c o r r e c c io n a l in
its m inim u m p eriod and a fine n ot e x c e e d in g 500 p e so s shall
be im posed.
Two forms of direct assault:

1. W ithou t p u b lic uprisin g, by employing force or intimidation
for the attainment of any of the purposes enumerated in defin
ing the crimes of re b e llio n and sed ition ;
2. Attacking, employing force, or seriously intimidating or resist
ing any person in authority or any of his agents while e n g a g e d
in the p erform a n ce o f th eir d u ties o r o n th e o c c a s io n o f
su ch p erform a n ce.
Elements of the First Form of Direct Assault:

1. Offender employs force or intimidation;
\rg,. The aim of the offender is to attain any o f the purposes of
the crime of rebellion or any of the objects o f the crime of
sedition;
3. There is n o p u b lic u p risin g .
94
Chapter Four — Assault upon, and Resistance and
Disobedience to Persons in Authority and their Agents
Illustrations:
a. X is a sugarcane planter in Hacienda Esperanza.
He nurtured a grudge and ill feeling against Don Gerardo, the
owner of the hacienda because the latter had not been giving
his workers their due share and benefits. X attacked Don Ge
rardo with fist blows and kick blows. What crime did X com
mit? Why?
Answer:
X committed D ire ct A ssault. W ith ou t a p u b lic u p ris
in g, h e a tta ck ed an d em p loyed fo rce against a p riv a te
p e rs o n fo r a s o cia l end. This is an object of Sedition (Art.
139, par. 4). Had there been public uprising, the crime commit
ted is Direct Assault of the first kind.
b. X an election registrar insulted Y in front of many
people. The latter did not forget the incident. He wanted to get
even with X. One day, Y chanced upon X. Y boxed X repeatedly
to avenge the public humiliation that he earlier suffered in the
hands of X. What crime did Y commit? Why?
Answer:
Y committed D ire ct Assault. W ithou t a p u b lic u p ris
in g, he attacked Y to inflict an act of hate or revenge upon the
person of a public officer. (Art. 139, par. 3) ,
What if instead of attacking X, Y smashed the windshield
of the car of X to inflict an act of hate or revenge, what crime
did Y commit? Why?
Answer:
Y still committed D ire ct A ssault. He inflicted an act of
hate or revenge on the property of a public officer w ith o u t a
p u b lic uprising. (Art. 139, par. 3 )
c. Martin engaged Noel, the city secretary in a .fist
fight wherein Martin suffered a big lump on his forehead. One
day, the two met again. Martin exacted revenge on Noel by hit
ting him with a piece of stone. What crime did Martin commit?
Why?
Answer:
Martin committed D ire ct A ssault. Although the act of
Martin was not by reason of the performance of duty of the vie-
96 CRIMINAL LAW
tim, the act falls within the coverage of d ire ct assault o f the
first form xxx w ith ou t a p u b lic u p risin g b y em ploying
fo rce o r in tim id a tion fo r the attain m en t o f any o f the
p u rp oses en um erated in d efin in g the crim e o f sedition.
One of the objects of sedition is to in flict any a ct o f hate or
rev en g e u p on the p erson o r p ro p e rty o f any p u b lic em
p loy ee. (Art. 139, par. 3)
U n der D irect assault o f the first form , th e law does

n ot req u ire that the attack is b y rea son o r on th e o cca
sion o f the p erform a n ce b y the victim o f an o fficia l duty.
It is enough that the attack upon the public officer or employee
is to inflict an act of hate o r revenge.
Elements of the Second Kind of Direct Assault:
1. Offender attacks, employs force, makes a serious intimidation,

or makes a serious resistance;
2. The person assaulted is a person in authority or his agent;
3. At the time of the assault, the person in authority or his agent
in engaged in the actual p erform a n ce o f o fficia l duties, or
that he is assaulted by reason of past p erfo rm a n ce o f offi
cia l duties;
4. Offender know s that the one he is assaulting is a person in
authority or his agent in the exercise of his duties.
5. There is n o p u b lic uprising.
Illu stra tion s:
A ctu al p erform a n ce o f du ty o f a p erson in a u th ority s
1. Mayor Rodrigo was conducting a meeting with ba-

rangay officials regarding the dissemination and implementa
tion of the law that prohibits the selling of liquor to minors. X,
a store owner and defiant of the law, stabbed the mayor who
died as a result. What crime or crimes did X commit? Why?
A nsw er:
X committed the complex crime of H om icid e w ith Di
re ct A ssault u p on a p erson in au th ority. He committed
Homicide for stabbing the mayor to death. He also committed
Direct Assault upon a person in authority because he attacked

the mayor while he was engaged in the performance of his du
ties. Considering however that the two crimes were committed
by the performance of a single act, that of stabbing the mayor,
a complex crime under the contemplation of Art. 48 of the Re
vised Penal Code is brought about. A single act resulted to one
grave felony (Homicide) and another less grave felony (Direct
Assault). The two crimes cannot be separately filed.
2. SP02 Ginez was pacifying the protagonists A and B.
Instead of being pacified, A vented his ire upon the policeman
and boxed the latter. What crime did A commit? Why?
Answer:
A committed D irect Assault upon an agent o f a p er
son in authority. He attacked the policeman while the latter
was engaged in the performance of his duties.
By reason o f past perform ance o f duty
3. Judge Lamar found X guilty of the crime of Robbery

and sentenced him to suffer imprisonment. After serving the
sentence imposed, X was released from prison. One day, he met
Judge Lamar. X remembered that the judge convicted him and
sent him to prison. X attacked the judge by boxing him on dif
ferent parts of his body. What crime or crimes did X commit?
Why?
Answer: v,.; ,• ,h -;j
X committed D irect Assault u pon a p erson in au th or

ity. He attacked the judge by reason of past performance of his
duty.
4. What if in the immediately preceding problem, the
judge already retired from the service when X attacked him,
what crime did X commit? Why? f
Answer:
X committed P hysical Injuries. It cannot be Assault
upon a person in authority because the victim was no longer a
judge at the time of the assault. Once he retired, he is no longer
considered a person in authority. •
CRIMINAL LAW
N ote:
A private person w h o com es to the aid o f a person
in authority au tom atically b e co m e s an a gen t o f a per
son in authority. If such person is also assaulted, the crime
committed is Direct Assault upon an agent of a person in au
thority.
Illustration:
X attacked the Vice Mayor while the latter was in the
process of making consultations with a group of people
regarding the enactment of needed ordinances. Y attacked the
Vice Mayor by slapping him. George, who was at the meeting,
went to help the Vice Mayor by pacifying X. Instead of being
pacified, X boxed George. What crime or crimes did X commit?
Why?
Answer:
With respect to the V ice M ayor, X committed D irect
Assault upon a person in authority. He attacked the Vice
Mayor while he was engaged in the performance of his duties.
With respect to George, X committed D irect Assault
upon an agent o f a person in authority. A private person
who comes to the aid of a person in authority automatically
becomes an agent of a person in authority.
Problems:
1. X a motorist got mad at police officer Y for accosting
him when he parked at a no parking sign. Y demanded that X
gives him his driver’s license. Instead of complying with the
lawful order, X kicked the police officer. Y ran away but he was
pursued by X. Renz went to the aid of the policeman by pacify
ing X but X threw him to the ground and kicked him. What
crime or crimes did X commit? Why?
Answer: '
For attacking the policeman while he was engaged in the
performance of his duties, X committed D irect Assault upon
an agent o f a person in authority.
A private person who conies to the aid o f an agent
o f a person in authority does not becom e an agent o f an
• agent o f a person in authority. Thus, with respect to Renz,
the crime committed by X is Indirect Assault.., ?
2. During a rainy season, Tibor was waiting for a taxi

cab. He was finally able to flag down a taxi. Before he could
enter the taxi though, a person opened the right back door and
immediately took his seat. Infuriated, Tibor entered the taxi
cab and forcibly pushed the man out of the taxi. That man suf
fered injuries. It turned out that the person is a judge. Is Tibor
liable for Direct Assault upon a person in authority? Why?
A n sw er:
No, he is not liable. Tibor did not know that the per
son is a judge. Under the law, the offender must know that
the person assaulted is a person in authority or an agent of a
person in authority as the case may be. Besides, the judge
was not in the performance of his duties or was assault
ed by reason of such performance. ■,
When is there Qualified Direct Assault?

When the offender:
1. Uses a weapon; ,
2. Is a public officer or employee; or
3. Lays hands upon a person in authority.
Illu stra tio n :

Rolando hates the Mayor for being strict in the implemen
tation of a city ordinance. While the mayor was at the city mar
ket making rounds of inspection of newly built stalls, Rolando,
who is a stall holder and who feels aggrieved by the award of
the stalls, attacked the mayor by hitting him with a club. Ro
lando is liable for Qualified direct assault. He attacked the
mayor by using a weapon or he laid hands upon a person in
authority.
P rob lem :
Armando, a law student, was flunked in Roman Law by
his professor Atty. Reyes. Angered by this, Armando waited
for and hit him with a bottle of San Miguel beer. Atty. Reyes
suffered injuries and was medically attended for 3 days. Ar
mando was charged with the complex crime of Direct Assault
with Slight Physical Injuries.
V\* CRIMINAL LAW
BOOK 11 OF THE REVISED PENAL CODE
a. Is the charge correct? Why? If not, what crime? Why?
h. Will your answer be the same had Atty. Reyes been con
fined at the hospital for 12 days because of the injuries
that he sustained?
A natcer:
a. T h e ch a rg e o f D ire ct A ssa u lt w ith S lig h t P hysi
ca l In ju rie s is n ot c o r r e c t. In the crime of Direct Assault,
p h y s ica l in ju rie s is a b so rb e d . Besides, under Art. 48 of the
Revised Penal Code, a grave or less grave felony cannot be com-
plexed with a light felony like slight physical injuries.
Armando committed Q u alified D ire ct A ssa u lt upon a
person in authority. He laid hands upon a person in authority
by reason of the performance of his duties.
b. However, the answer would be different if Atty.
Reyes was medically attended for 12 days because such injury
is no longer considered as slight but less serious physical inju
ries under Art. 265 of the Revised Penal Code. In which case,
the crime of less physical injuries is not absorbed but can be
complexed with direct assault. So the crime committed is Di
re c t A ssault w ith Less S eriou s P h ysica l In ju ries.
A R T . 149. In d irect assaults. — The p en alty o f prisiOto

co rreccio n a l in its m inim um and m edium p e rio d s and a fine
n o t e x ceed in g 500 pesos shall b e im p osed u p on any p erson
w h o shall m ake use o f fo rce o r in tim id ation u p on any person
c o m in g to the aid o f the au th orities o r th eir agents on the o c
ca sio n o f com m ission o f any o f the crim es defined in the next
p re ce d in g article.
Elements:
1. A person in authority or his agent is the victim of any of the
forms of direct assault defined in Article 148; . L,
2. A person comes to the aid of such authority or his agent; ,
3. Offender makes use of force or intimidation upon such, person
coming to the aid of the authority or his agent.
The offended party here is a private person who comes to the
aid of an agent of a person in authority. The agent of a person in
authority is assaulted and the private person goes to his aid. There
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 10 1
is no indirect assault if there is no direct assault upon an agent of a

person in authority.
ART, 150, D iso b ed ie n c e to su m m on s issu ed by th e N ation

a l A ssem bly, its co m m itte es o r su b com m ittees, by th e C onsti
tu tio n a l C om m issions, its com m ittees, su b com m ittees o r divi
sio n s . — The penalty o f a rresto m a yor or a fine ranging from
two hundred to one thousand pesos, or both such fine and
imprisonment, shall be imposed upon any person who, hav
ing been duly summoned to attend as a witness before the
National Assembly (Congress), its special or standing com
mittees and subcommittees, the Constitutional commissions
and its committees, subcommittees or divisions or before
any commission or committee chairman or member autho
rized to summon witnesses, refuses, without legal excuse, to
obey such summons, or being present before any such legis
lative or constitutional body or official, refuses to be sworn
or placed under affirmation or 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
o f their functions. The same penalty shall be imposed upon
any person who shall restrain another from attending as a
witness, or who shall induce disobedience to a summons or
refusal to be sworn by any such body or official. (As am en d ed
by Com. A c t No. 52)
Acts punished:
1. By refusing, without legal excuse, to obey summons of Con
gress, its special or standing committees and subcommittees,
the Constitutional commissions and its committees, subcom
mittees or divisions, or by any commission or committee chair
man or member authorized to summon witnesses;
2. By refusing to be sworn or place under affirmation while being
before such legislative or constitutional body or official;
3. 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 functions;
4. 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.
102 CRIMINAL LAW
Illustrations:
1. Angelica, an actress refused to appear before the
Committee on laws of the House of Congress investigating the
alleged rampant use of drugs among movie and television per
sonalities despite receipt of summons. She did not bother to
give a legal or plausible explanation for her failure to appear.
Angelica is criminally liable for D is o b e d ie n ce to Sum m ons.
2. X prevented Y from appearing before the House of
Senate to shed light on the so called diversion o f public funds
of the city government of Iloilo. Y is in possession o f vital docu
ments to prove technical malversation. Y was restrained and
he failed to appear during the investigation. X is liable for Dis
obedience to Summons because he restra in ed another from
attending as a witness before the legislative body.
ART. 151. R esistance and disobed ien ce to a p e rs o n in au

th ority or the agents o f such p erson . — The p en a lty o f a rresto
m ayor and a fine not exceedin g 500 p esos shall be im posed
u p on any person who not bein g in clu d ed in th e p rov ision s
o f the p reced in g articles shall resist or seriou sly d iso b e y any
person in authority, or the agents o f such person , w h ile en
gaged in the perform ance o f official duties.
W hen the disobedience to an agent o f a p erson in author
ity is not o f a serious nature, the penalty o f a rresto m en or hr
a fine ranging from 10 to 100 pesos shall be im posed u p on the
offender.
Elements of resistance and serious disobedience under the first

paragraph:
1. A person in authority or his agent is engaged in the perfor
mance of official duty or gives a lawful order to the offender;
2. Offender resists or seriously disobeys such person in authority
or his agent;
3. The act of the offender is not included in the provisions of
Articles 148, 149 and 150.
Elements of simple disobedience under the second paragraph:

1. An agent of a person in authority is engaged in the perfor
mance of official duty or gives a lawful order to the offender;
TITLE THREE --C R IM E S AGAINST PUBLIC ORDER 1 03
Chapter Four — Assault upon, and Resistance and ,u,>
2. Offender disobeys such agent of a person in authority;

3. J Such disobedience is not of a serious nature.
Distinctions between resistance or serious disobedience and

direct assault:
1. In resistance, the person in authority or his agent must be in
actual performance of his duties. In direct assault, the person
in authority or his agent must be engaged in the performance
m = of official duties or that he is assaulted by reason thereof.
2. i Resistance or serious disobedience is committed only by

re sistin g o r seriou sly disobeyin g a person in au th ority or h is
a gen t.
3 . 1 In b o th resista n ce again st an agent o f a person in a u th ority

a n d d irect assau lt b y resistin g an agent o f a person in author-
- 1 ity, th ere is force em ployed, b u t use o f force in resistan ce is n ot
■-* so seriou s, as th ere is no m anifest in ten tion to defy th e la w a nd
th e officers en forcin g it; ^ -
Direct assault (the second form) is committed in four ways, that is:
(1) B y attacking;
7(2) By employing force; ^ ~ ^ ;^ *

,c - •MSjlM jp | *?!....
(3) B y seriou sly in tim idating; and
(4) B y seriou sly resistin g a person in authority or h is agen t. / ^
e a " T h e atta ck or em ploym ent o f force w hich gives rise to th e crim e

o f direct assau lt m u st be serious and deliberate; oth erw ise, th e
crim e is sim ple resistance.
B u t w h en the one who resisted is a person in authority,

the u se o f any kind or degree of force will give rise to direct
assault. ■ hK.'i. *,v* o m
I f n o force is em p loyed b y the offen der in resistin g or d isob ey
in g a p erson in authority, th e crim e com m itted is resista n ce or seri
ous disobedience u n d er the first paragrap h o f A rticle 151.* •> /
Illu stra tion : :

X w as a ccosted b y a policem a n for crea tin g pu blic dis
tu rbance at th e pu blic plaza. X w as h old in g a broken piece o f
104 CRIMINAL LAW
b o tt le . T h e p o lic e m a n d e m a n d e d th a t X s u rr e n d e rs b eca u se he
w a s c o m m it tin g a crim e . X r e s is te d a rre s t. E v e n tu a lly h e was
s u b d u e d a n d a rre s te d . X is lia b le fo r th e crim e o f Resistance
to an Agent o f a Person in Authority.
ART. 152. P e r s o n s in a u th o rity a n d a g en ts o f p e r s o n s in

a u th o r ity — W ho s h a ll he d eem ed as s u c h . — In applying the
provisions o f the preceding and other articles o f this Code,
any person directly vested with jurisdiction, whether as an
individual or as a member o f some court or governmental
corporation, board or commission, shall be deemed a person
in authority. A barangay captain and a barangay chairman
shall also be deemed a person in authority.
Any person who, by direct provision o f law or by elec

tion or by appointment by competent authority, is charged
with the maintenance o f public order and the protection and
security o f life and property, such as a barrio councilman,
barrio policeman and barangay leader, and any person who
comes to the aid o f persons in authority, shall be deemed an
agent o f a person in authority.
In applying the provisions of Articles 148 and 151 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 per
formance of their professional duties or on the occasion of
such performance shall be deemed persons in authority. (As
a m en d ed by B P B ig, 873, ap p roved Jun e 12, 1985)
Who is a person in authority?

A p erson in a u th ority is one directly vested with jurisdiction
to govern and execute the law.
Examples of persons in authority:

1. Municipal mayor;
2. Division superintendent of schools;
3. Public and private school teachers;
4. Teacher-nurse;
TITLE THREE — CRIMES AGAINST PUBLIC ORDER 10 5
Chapter Four — Assault and Resistance and
5. President of sanitary division;

6. Provincial fiscal;
7. Justice of peace;
8. Municipal councilor;
9. Barrio captain and barangay chairman;
10. Members of Sangguniang Barangay; and
11. Members of Lupng Tagapayapa and Pangkat Tagapagkasun-
do.
Who is an agent of a person in authority?

An agent of a person in authority is one charged with the main
tenance of peace and order and the protection of life and property
and private persons coming to the aid of a person in authority.
I — oOo —
i
CHAPTER FIVE
PUBLIC DISORDERS
ART. 153. Tumults and other disturbances o f p\iblic

-disorder — Tumultuous disturbance or interruption liable
to cause disturbance. — The penalty o f arresto mayor in its
medium period to prision correccional in its minimum pe
riod and a fine not exceeding 1,000 pesos shall be imposed
upon any person who shall cause any serious disturbance
in public place, office, or establishment, or shall interrupt
or disturb public performances, functions or gatherings, or
peaceful meetings, if the act is not included in the provisions
o f Articles 131 and 132.
The penalty next higher in degree shall be imposed
upon persons causing any disturbance or interruption o f tu
multuous character.
The disturbance or interruption shall be deemed to be
tumultuous if caused by more than three persons who are
armed or provided with means o f violence.
The penalty o f arresto mayor shall be imposed upon any
person who in any meeting, association, or public place, shall
make any outcry tending to incite rebellion or sedition or in
such place shall display placards or emblems which provoke
a disturbance o f public order.
The penalty o f arresto menor and a fine not to exceed , j
200 pesos shall be imposed upon those persons who in viola
tion o f the provisions contained in the last clause o f Article
85, shall bury with pomp the body o f a person who has been
legally executed.
The acts punishable under this article are the following:

1. Causing any serious disturbances in a public place, office or
establishment;
106
Chapter Five — Public Disorders 107
2. Interrupting or disturbing public performance, functions or

gathering, or peaceful meetings, if the act is not included in
Arts. 131 and 132;
3. Making derogatory remarks leading to incite rebellion or sedi
tion 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.
N ote:
The crime of disturbance of public order may be commit
ted by creating serious disturbance in public places or even in
private places where public functions are being held.
Illu stra tion s:

1. A public meeting was being held in the public plaza.
The Mayor and the members of the city council were in atten
dance. While the Mayor was delivering a speech, X went up
the stage and with using a public address system and shouted
at the people to change the sitting public officials and disobey
the law by not paying taxes. X committed D isturbance o f the
P u b lic O rder.
2. X was convicted of a heinous crime. He was imposed
the death penalty by lethal injection. After the execution of the
death sentence his relatives led by Y put his remains in an ex
pensive casket and paraded it around the town complete with
a band playing music before the remains were buried in the
cemetery. The relatives committed D isturbance o f the P ub
lic O rder. They buried the body of the person who had been le
gally executed with pomp. The deceased should not be revered
as a hero or martyr. It would be giving a wrong example to the
. public.
When is public disturbance or interruption tumultuous?
It is tumultuous when the disturbance of the public order is
committed by at least 4 armed men or provided with means of vio
lence.
ART. 154. Unlaw ful use o f m eans o f p u b lic a tio n a n d un
lawful u ttera n ces. — The penalty of a rresto m a yor and a fine
ranging from 200 to 1,000 pesos shall be imposed upon:
108 CRIMINAL LAW
1. Any person by means o f printing, lithography, or

any oth er means o f publication shall publish or cause to be
published as news any false news w hich may endanger the
p u blic order, or cause damage to the interest or credit o f the
State;
2. Any person who by the same means, or by words,
utterances or speeches, shall encourage disobedience to the
law or to the constituted authorities or praise, justify, or to
extol any act punished by law;
3. Any person who shall m aliciously publish or cause
to be published any official resolution or docum ent without
proper authority, or before they have been published offi
cially; or
4. Any person who shall print, publish, or distribute
or cause to be printed, published, or distributed books, pam
phlets, periodicals, or leaflets which do not bear the real
printer’s name, or which are classified as anonymous. (As
amended by Coni. Act No. 202)
Acts punished:
1. Publishing or causing to be published, by means o f printing, li
thography or any other means of publication, as news any false
news which may endanger the public order; or cause dam age to
the interest or credit of the State;
2. e Encouraging disobedience to the law or to the constituted au
thorities or praising, justifying or extolling any act punishable
by law, by the same means or by words, utterances or speeches;
3. Maliciously publishing or causing to be published any official
resolution or document without proper authority, or before
they have been published officially;
4. Printing, publishing or distributing (or causing the same)
books, pamphlets, periodicals, or leaflets which do not bear the
real printer’s name or which are classified as anonymous.
Illustrations:
1. Dominique printed a pamphlet containing acts of
. corruption in the government. Instead of w riting his true name
v he wrote “aprilblossoms” as the writer. W hat crime did Domi-\
nique commit? Why? f;
Chapter Five — Public Disorders
Answer:
Dominique committed Unlawful Use of Means of Pub
lication. Under the law, the crime can be comitted by any per
son who shall print, publish or distribute or cause to be
printed, published or distributed books, pamphlets, leaf
lets, or periodicals which do not bear the real printer's name.
The use of a fictitious name does not excuse him from violating
the law.
2. ACE publications published the result of the 2010
Bar Examinations without clearance from the Supreme Court.
What crime was committed?
Answer:
The crime of Unlawful Use of Means of Publication
was committed. The result of the Bar Examinations was pub
lished without proper authority.
3. X, a defeated mayoralty candidate, cannot accept
the verdict of a clean political judgment. He encouraged his
many supporters not to recognize the authority of the elected
mayor. He encouraged them not to pay their taxes. He praised
and justified the acts of those who have disobeyed the laws.
What crime did X commit? Why?
rf :T
Answer:
X committed Unlawful Utterances. He encouraged dis
obedience to the law or to the constituted authorities. He also
praised and justified acts punished by law. This is in accor
dance with paragraph 2 of Art. 154 of the Revised Penal Code.
ART. 155. Alarms and scandals . — The penalty of arres-

to menor or a fine not exceeding 200 pesos shall be imposed
upon:
1. ~ Any person who within any town or public place,

shall discharge any firearm, rocket, firecracker, or other ex
plosive calculated to cause alarm or danger;
2. Any person who shall instigate or take an active

part in any charivari or other disorderly meeting offensive
to another or prejudicial to public tranquility;
110 CRIMINAL LAW
ROOK II OF THE REVISED PENAL CODE
3. Any person who, while wandering about at night

or while engaged in any other nocturnal amusements, shall
disturb the public peace; or
4. Any person who, while intoxicated or otherwise,
shall cause any disturbance or scandal in public places, pro
vided that the circumstances of the case shall not make the
provisions of Article 153 applicable.
Acts punished:
1. Discharging any firearm, rocket, firecracker, or other explosive
within a town or public place, calculated to cause alarm or dan
ger;
2. Instigating or taking an 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 in
toxicated or otherwise.
What is the crime committed if a person fires his gun?

Answer:
1. Alarms and scandal if the firearm is fired in public
and is not directed to any person (Art. 155);
2. Illegal discharge of firearm if the gun is fired at a
particular person without intent to kill (Art. 254);
3. Attempted Homicide or Attempted Murder as the
case may be when the gun is fired at a person with intent to
kill. I f the wound inflicted is not m ortal o r serious, the
crim e is attempted. I f the w ound inflicted is m ortal or
serious, the crim e is frustrated in a ccord a n ce w ith Art.
6 o f the Revised Penal Code.
The crime of alarms and scandal constitutes only one crime.
Scandal here does not refer to moral scandal in the contemplation of
Art. 200 of the Revised Penal Code. Art. 155 deals with disturbance
of public peace and tranquility.
What is charivari? It is a mock serenade, a. medley of discor
dant voices wherein the supposed serenades use broken tins, broken
111
Chapter Five — Public Disorders
pots, bottles or other utensils. It is noise offensive to the sense of

hearing and it disturbs public and tranquility.
ART. 156. D elivery o f prison ers from ja il. — The penalty

of arresto m ayor in its maximum period to prision co rrectio
nal in its minimum period shall be imposed upon any person
who shall remove from any jail or penal establishment any
person confined therein or shall help the escape o f such per
son, by means of violence, intimidation, or bribery. I f other
means are used, the penalty of arresto mayor shall be im
posed.
If the escape of the prisoner shall take place outside

of said establishment by taking the guards by surprise, the
same penalties shall be imposed in their minimum period.
Elements:
1. There is a person confined in jail or penal establishment;
2. The offender removes the person confined from such jail or pe
nal establishment or helps in the escape of such person.
The person confined could either be:

1. A detention prisoner (Art; 29, RPC);
2. ' Convict serving sentence.
Means of commission: violence, intimidation or bribery

1. A private person
2. Jail guard or warden
What is the crime committed if a person removes a person from

jail?
It depends:
If the offender is the jail guard or jail warden who has custody
of the person, he commits Infidelity in the Custody of Prisoners.
If the person who removed the person confined in jail is not
the custodian, he commits the crime of Delivery of Prisoner from
Jail.
112 CRIMINAL LAW
BOOK H OF THE REVISED PENAL CODE
Problem :
Rodrigo is confined in jail. Patricio, a friend of Rodrigo ap
proached Mauricio, the jail guard and offered him Php20,000.00
in exchange of the freedom of Rodrigo. Mauricio left the cell of
Rodrigo closed but unlocked. In the middle of the night, Ro
drigo noticed that his cell was not locked. Rodrigo took advan
tage thereof and escaped. Determine the criminal liabilities of
Patricio, Mauricio and Rodrigo.
Answer:
Patricio is liable for two crimes. He is liable for Corrup
tion o f Public Officer (Art. 212) because he bribed the jail
guard Mauricio in allowing the escape of Rodrigo. He is also
liable for Delivery o f Prisoner from Jail because he caused
or helped in the escape of Rodrigo.
Mauricio, the jail guard is also liable for tw o crimes.
He is liable for Direct Bribery (Art. 210) because he re
ceived something in consideration of the performance of an act
amounting to a crime. He is also liable for Infidelity in the
Custody o f Prisoner (Art. 223) because he consented in the
escape of the prisoner under his custody or charge.
With respect to Rodrigo, his liability depends on the fol
lowing:
If he is convict serving sentence, he is liable for Eva
sion o f Service o f Sentence (Art. 157). But if he is only a
detention prisoner, the answer is it depends. If he knew
the plan of Patricio and Mauricio to allow him to escape, he
is liable for Delivery o f Prisoner from Jail as principal
by indispensable cooperation. If he was not aware of the
plan, he is not liable. There is no law punishing that act.
oOo —
CHAPTER SIX
EVASION OF SERVICE OF SENTENCE
ART. 157. E vasion o f service o f sentence. — The penalty

of p risio n co rreccio n a l in its medium period and maximum
period shall be imposed upon any convict who shall evade
service of his sentence by escaping during the term of his
imprisonment by reason of final judgment. However, if such
evasion or escape shall have taken place by means of unlaw
ful entry, by breaking doors, windows, gates, walls, roofs,
or floors, or by using picklocks, false keys, disguise, deceit,
violence or intimidation, or through connivance with other
convicts or employees of the penal institution, the penalty
shall be p risio n correccio n a l in its maximum period.
Elements:
1. The offender is serving sentence by final judgment;
2. He evades service of sentence.
Three kinds of evasion of service of sentence:
1. Evasion of service of sentence (Art. 157);
2. Evasion of service of sentence on the occasion of a disorder or
other calamities (Art. 158);
3. Violation of conditional pardon (Art. 159).
Qualifying circumstances that increase the penalty in evasion of
service of sentence:
If the evasion is:
1. By means of unlawful entry;
3. By using picklocks, false keys, disguise, deceit, violence or in
timidation;
4. Through connivance with other convicts or employees of the
penal institution.
113
114 CRIMINAL LAW
Can this crime be committed by a detention prisoner?

A nsw er:
No, because there is yet no sentence to evade.
P roblem :
Vanessa was convicted of Concubinage by a Baguio City
court where the crime was committed. She was found guilty
by the court and was sentenced to suffer the penalty of desti-
erro (six months and one day to 6 years). Accordingly, she was
banished to a distance of 250 kilometers radius from the place
where the crime was committed. After one year, she went back
to Baguio City and was arrested. What crime did she commit?
Why?
A nsw er:
She committed Evasion o f S ervice o f Sentence. Un
der Art. 87 of the Revised Penal Code, a person sentenced to
destierro is not permitted to enter the place designated in the
sentence, nor within the radius of not more than 250 and not
less than 25 kilometers from the place designated. She violated
the law.
^^Contrary to the belief of many law students, destierro is
a penalty which constitutes deprivation of liberty. Therefore,
if the person sentenced to suffer the said penalty shall evade
sentence, he is liable for Evasion of Service of Sentence. (People
v. Abiong, 82 Phil. 174)
Query:
What if the sentence evaded is destierro, what will be the
penalty to be imposed by you if you were a judge? .. o
Answer:
The convict cannot be punished with a penalty higher
than destierro. He cannot be punished with the penalty of im
prisonment because this penalty is heavier than destierro. I
will sentence her to destierro. (People v. Ponce de Leon, 56 Phil.
886) The penalty for destierro cannot be more severe than the
penalty evaded.
Chapter Six — Evasion o f Service of Sentence
What if the prisoner serving sentence returned to jail not long after
he escaped?
He is still liable for evasion o f service of sentence. His volun

tary return does not exculpate him from criminal liability. It will
only be considered as a mitigating circumstance.
ART. 158. E v a sio n o f s e r v ic e o f se n te n c e on th e o c c a s io n

o f d iso rd ers, co n fla g ra tio n s, ea rth q u a k es, o r o th e r ca la m i
tie s . — A convict who shall evade the service o f his sentence,
by leaving the penal institution where he shall have been
confined, on the occasion o f disorder resulting from a con
flagration, earthquake, explosion, or similar catastrophe, or
during any mutiny in which he has not participated, shall
suffer an increase of one-fifth of the time still remaining to
be served under the original sentence, which in no case shall
exceed six months, if he shall fail to give himself up to the au
thorities within forty-eight hours following the issuance of a
proclamation by the Chief Executive announcing the pass
ing away o f such calamity.
Convicts, who, under the circumstances mentioned in
the preceding paragraph, shall give themselves up to the
authorities within the above mentioned period of 48 hours,
shall be entitled to the deduction provided in Article 98.
Elements:
1. Offender is a convict by final judgment who is confined in a
penal institution;
2. There is a disorder resulting from;
a. conflagration;
b. earthquake;
c. explosion;
d. similar catastrophe; or
e. mutiny in which he has not participated;
3. He evades service of sentence by leaving the penal institution
on the occasion of such disorder or during the mutiny; : ’
4. He 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.
116 CRIMINAL LAW
What Is the effect if the prisoner who escaped on the occasion of

a calamity returns within 48 hours following the announcement of
the passing away of the calamity?
Answer:
He will be rewarded. He will be given a penalty de
duction equivalent to 1/5 o f the original sentence. We
call this special time allowance for loyalty under Art. 98 of
the Revised Penal Code. If he fails to return, he will be penal
ized with additional 1/5 penalty based on the remaining sen
tence.
Problem:
Typhoon Ondoy lashed its fury in northern Luzon. X, a
prisoner at the Baguio City Jail took advantage of the confu
sion and escaped. He was arrested after a few days. There was
no proclamation of the passing of the calamity. He was charged
with Evasion of Service of Sentence on the occasion of a calam
ity. Is the charge correct?
Answer:
No, the answer is not correct. He was arrested and did
not return. Besides, there was no announcement of the passing
of the calamity. He is liable for Evasion of Service of Sentence
under Art. 157.
ART. 159. Other cases o f evasion o f service o f sentence. —

The penalty o f prision correccional on its minimum period
shall be imposed upon the convict who, having been granted
conditional pardon by the Chief Executive, shall violate any
o f the conditions o f such pardon. However, if the penalty re
mitted by the granting o f such pardon be higher than six
years, the convict shall then suffer the unexpired portion o f
his original sentence.
Elements:
1. Offender is a convict;
2. He was granted pardon by the Chief Executive;
3. He violated any of the conditions of the pardon?
Chapter Six — Evasion of Service of Sentence
Violation of Conditional Pardon

Violation of Conditional Pardon constitutes E vasion o f Ser
vice o f Sen ten ce. Conditional pardon is a covenant. It is a silent
contract between the convict and the Chief Executive. It is in writ
ing and to be effective it must be accepted in writing by the convict.
If he does not, there is no contract. If he is released without his con
formity to the conditional pardon, the pardonee shall not be liable
for evasion of service of sentence.
The convict shall be released from prison by virtue of the con
ditional pardon and in view of his commitment that he shall abide
by the terms of the pardon. If he violates any of the terms of the
pardon, he is deemed not to have a genuine interest to comply with
the conditions of the pardon upon him. Thus, if he violates any of
the conditions of the pardon, the crime he committed is still Eva
sion o f S ervice o f Sentence.
What is the effect of violation of the conditional pardon?

The pardonee shall suffer the penalty of prision correctional
in its minimum period if the penalty remitted by the pardon is less
than 6 years. This is an additional penalty aside from the unex
pired portion of the sentence that was pardoned.
However, if the penalty remitted by the pardon is higher than
six years, there is no additional penalty because the convict shall
then suffer the unexpired portion of his original sentence.
1 Query:
Is violation of conditional pardon a substantive offense?
It depends
Under Article 159, there are two situations provided:
1. There is a penalty of prision correctional minimum
for the violation of the conditional pardon;
2. There is no new penalty imposed for the violation of
the conditional pardon. Instead, the convict will be required to
serve the unserved portion o f the sentence. !
If the remitted portion of the sentence is less than six years
or up to six years, there is an added penalty of prision correc
tional minimum. Hence, the violation is a substantive offence be
cause in this case a new penalty is imposed for the violation of the
conditional pardon.
But if the remitted portion of the sentence exceeds six years,
the violation of the conditional pardon is not a substantive offense
because no new penalty is imposed for the violation.
CHAPTER SEVEN
COMMISSION OF ANOTHER CRIME

DURING SERVICE OF PENALTY IMPOSED
FOR ANOTHER PREVIOUS OFFENSE
ART. 160. Commission o f another crime during service

o f penalty imposed for another previous offense. — Penalty.
— Besides the provisions o f Rule 5 o f A rticle 62, any person
w ho shall com m it a felony after having been con victed by
final judgm ent, before beginning to serve such sentence, or
while serving the same, shall be punished by the maximum
period o f penalty prescribed by law for the new felony.
Any convict o f the class referred to in this article, who
is not a habitual criminal, shall be pardoned at the age o f
seventy years if he shall have already served out his original
sentence, or he shall complete it after reaching said age, un
less by reason o f his conduct or other circum stances he shall
not be worthy o f such clemency.
Who is jjju a s i cecidiyist? L „ .

A qu^jj^ e e ife any person who shall com m it a felony
w hile serving sentence or before serving sentence. The maxim um
penalty for the new felony shall be imposedr~—T7*~L:
Elements:
1. Offender is convicted by final judgm ent o f a felony or an of
fense;
2. He commits a;felon y-b efore beginning to serve such sentence
’ or while servm gth esam e.
Illustrations:
1. X was convicted o f Theft. The judgm ent becam e fi
nal. Before he could start serving sentence, X com m itted At
tempted Homicide. Is X a quasi recidivist?
118
Chapter Seven — Commission o f Another Crime During Service
of Penalty Imposed for Another Previous Offense
A nsw er:
Yes, X is a quasi recidivist. Before serving sentence, he
committed Attempted Homicide, a felony.
2. X was convicted of Homicide. While serving sen
tence, he committed Robbery. Is he a quasi recidivist?
A n sw er:
Yes, X is a quasi recidivist. While serving sentence, he
committed Robbery, a felony.
3. X was convicted of Falsification. While serving sen
tence, X committed Violation o f the Drugs Law. Is X a quasi
recidivist?
A nsw er:
No, he is not a quasi recidivist. While serving sen
tence, he committed a crime, a violation of the drugs law.
What the law provides is that before serving sentence or while
serving sentence, the convict must commit a felony.
4. X was convicted of Illegal recruitment. Before serv
ing sentence, he committed Murder. Is X a quasi recidivist?
A nsw er :
Yes, X is a quasi recidivist. Before serving sentence,
he committed Murder, a felony. The nature of the first offense
does not matter. Whether it is a felony or a crime is of no mo
ment. What determines quasi recidivism is that before serving
sentence or while serving sentence, the convict must commit a
felony. If he commits a crime and not a felony before or while
serving sentence, he is not a quasi recidivist.
5. X was convicted of Illegal Possession of firearm.
While serving sentence, X committed a Violation o f BP 22, a
special law. Is X a quasi recidivist?
A nsw er:
No, X is not a quasi recidivist. While serving sentence,
X committed a crime and not a felony.
V\fhat is the legal consequence of quasi recidivism?
fM Quasi-recidivism is an aggravating circumstance. If the

accused is convicted of the new felony, the maximum period pre
scribed for the new felony shall be imposed.
120 CRIMINAL LAW
Note:
If the convict reaches the age of 70, he shall be pardoned if
he shall have already served out his original sentence or when
he shall have completed it after reaching 70 years of age pro
vided he is not a habitual criminal and provided further, that
he is not by reason of his conduct be worthy of such clemency.
— oOo —

RPC 2 Estrada 1 120

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BOOK TWO

CRIMES AND PENALTIES

C RIM ES A G A IN ST NATIONAL SECURITY

CRIMES AGAINST NATIONAL SECURITY

Section One — Treason and Espionage

The crimes against national security are as follows:

The crimes against the law of nations are as follows:

3. Correspondence with Hostile Country (Art. 120)

ART. 114. Treason. — Any Filipino citizen who levies

T reasoriys betrayal o f allegiance to one's country in time of

T rea son is a w ar tim e offense. It can be com m itted only in

1. F ilipin o citizens — those who owe perm anent allegiance to the

2. R esiden t aliens — those who owe tem porary allegiance to the

Is th ere a need fo r a form al declaration o f w ar before Treason can

Two w ays o f com m itting Treason: -

1. ^ L e v y in g w ar — waging war against the governm ent o f the

Illu s tra tio n s:

Japan and the Philippines are at war. Japan invaded

Japanese soldiers in waging war against the Filipino troops.

Adherence to the enemies, giving them aid or comfort

Adherence alone without giving aid or comfort is not Treason

Adherence and giving aid or com fort m ust always be to­

H ow ever, if a Filipino citizen sides with the enemies and en­

Two ways of proving Treason:

1. Testim ony o f two witness^s’to the same oV erfact;dr

W hat is the quantum of evidence needed to prove Treason?

Confession of guilt in open court

Extrajudicial .confession of a person is not the confession of guilt

of that written confession. An extrajudicial confession is admissible

ART. 115. C onspiracy and p rop osa l to com m it Treason.

What are the punishable conspiracies?

Is proposal to commit a felony punishable?

PRO PO SAL TO COMMIT TREASON — there is proposal to

1. There is war in which the Philippines is involved;

3. He proposes its execution to some other person or

Illu stra tion o f P ro p o sa l to C om m it T rea so n :

No, Guerrero is not liable for Proposal to Commit

May a person bo held liable for proposal to commit trea­

Proposal to commit felony which is punishable by law:

CONSPIRACY TO COMMIT TREASON — there is conspir­

Elements of Conspiracy to commit treason:

Persons liable for Conspiracy to commit Treason

The persons liable are the c o -c o n s p ir a to r s o r th ose in­

Only the co n s p ira to r ia l stage is punishable as conspiracy to

The moment any of such co-conspirators has committed trea­

Conspiracy to overthrow the government is not proposal to

Illu stration o f Conspiracy to Commit Treason:

2. The “severely restrictive rule” or the “two witness

A R T . 116. M isprision o f Treason. — Every person owing

Philippine islands, without being a foreigner, and having

Illu stra tion o f M isprision o f T reason:

Essence of the crime

Illu stra tio n :

Penalty imposable in Misprision of Treason

The offender shall be punished as an accessory to the crime of

Who may commit the crime?

Relationship Is not exempting

ART. 117. Espionage. — The penalty o f prision correccio-

1. W ithout authority thereof, enters a warship, fort,

Two modes of committing Espionage under the RPC:

plans, photographs, or other data of a confidential nature relative to

Elements of the first mode:

Illu stra tion o f the first m ode:

Adherence and giving aid or com fort m ust always be to

H ow ever, if a Filipino citizen sides with the enemies and en

May a person bo held liable for proposal to commit trea

CONSPIRACY TO COMMIT TREASON — there is conspir

The persons liable are the c o -c o n s p ir a to r s o r th ose in

The moment any of such co-conspirators has committed trea

purpose is not to obtain any of such materials, the crime com

COMMONWEALTH ACT NO. 616 — An Act to punish Espion

before the commando could launch its attack, a young con

In 1974, PD 532 (The Anti-Piracy and Anti-Highway Rob

5. While a Holland merchant vessel was at the Indi

On March 17, 2005, a United Nations panel described terror

robbed banks and mercilessly killed people. The crimes com

of the criminal design of the former. X supplied them with ma

Where there are Several principals, the exemption from crimi

The exemption provided herein can be claimed by all accesso

— Knows the commission of terrorist acts or con sp ira cy to co m