Book 2 Flashcards
Book 2
Crimes and Penalties:
Title 1-Crimes Against National Security and the Law of Nations
Title 2-Crimes Against the Fundamental Law of the State
Title 3-Crimes Against Public Order
Title 4-Crimes Against Public Interest
Title 5-Crimes Relative to Opium and other Prohibited Drugs
Title 6-Crimes Against Public Morals
Title 7-Crimes Committed by Public Officers
Title 8-Crimes Against Persons
Title 9-Crimes Against Personal Liberty and Security
Title 10-Crimes Against Property
Title 11-Crimes Against Chastity
Title 12-Crimes Against the Civil Status of Persons
Title 13 Crimes Against Honor
Title 14 Quasi-Offenses
CRIMES AGAINST NATIONAL SECURITY
Art. 114-Treason
Art. 115-Conspiracy and Proposal to Commit Treason
Art. 116-Misprision of Treason
Art. 117-Espionage
- That the offender owes allegiance to the government of the Philippines;
- That there is war in which the Philippines is involved;
- That the offender either-
a) levies war against the government, or
b) adheres to the enemy, giving them aid or comfort
Elements of Art. 114-Treason
is defined as a breach of allegiance to a government committed by a citizen or by an alien temporarily residing in the country. It can only be committed during war time.
Treason
means that there is an actual assembling of men for the purpose of executing a treasonable design by force.
This must be in collaboration with a foreign enemy.
Levies war
Levying war
means a citizen or alien temporarily residing in the country intellectually or emotionally favors the enemy and harbors sympathies or conviction disloyal to the country’s policy or intent.
Adherence to the enemy
The requirement to prove the covert act or giving aid or comfort to the enemy.
The testimony of two persons
exists when two or more come to an agreement to commit Treason and decided to commit it.
Conspiracy to commit Treason
exists when a person who is decided to commit Treason proposes its execution to some other person or persons.
Proposal to Commit Treason
must have been done during war time.
Conspiracy and Proposal to commit Treason
does not apply in Conspiracy and Proposal to commit Treason.
The two-witness rule
- That the offender must be owing allegiance to the government, and not being a foreigner;
- That he has knowledge of any conspiracy to commit treason against the government.
- That he conceals or does not disclose and make known the same as soon as possible to the governor or prosecutor of province or the mayor or prosecutor of the city in which he resides.
Elements of Art. 116-Misprision of Treason
cannot be committed by resident alien.
Misprision of Treason
- By entering, without authority therefor, a warship, fort, or naval establishment or reservation to obtain any information, plans, photograph or other data of confidential nature relative to the defense of the country.
First way of committing Art. 117-Espionage
- By disclosing to the representative of the foreign nation the contents of the article, data or information referred to in paragraph above, which he had in possession by reason of the public office he holds.
Second way of committing Art. 117-Espionage
The offender must have the intention to obtain information relative to the defense of the country.
Espionage Law-C.A. No. 616
Distinction Between Treason and Espionage:
Treason is committed only in time of war, while Espionage can be committed both in time of peace and of war.
Crimes Against the Law of Nations:
Art. 122-Piracy
Art. 123-Qualified Piracy
By attacking or seizing a vessel in Philippine waters;
By seizing in the vessel while on Philippine waters, the whole or part of its cargo, its equipment or personal belongings of its crews or passengers.
Two ways of committing Art. 122-Piracy
is defined as robbery or forcible depravation on the high seas, without lawful authority and done with animus furandi and in the spirit of universal hostility.
Piracy
Attackers are strangers to the vessel. Intent to gain is required
Piracy
Offenders are passengers or members of the crew. Intent to gain is not essential
Mutiny
This amends the Piracy Law and defines seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things or other unlawful means committed on Philippine Highway is Brigandage (Robbery on highway).
P.D. NO. 532-Anti-Piracy and Anti-Highway Robbery Law of 1974:
is a robbery on the highway committed by any person.
Brigandage
Crime and penalty
a) Whenever they have seized a vessel by boarding or firing upon the same;
b) Whenever the pirates have abandoned their victims without means of saving themselves; or
c) Whenever the crime is accompanied by murder, homicide, physical injuries or rape.
Art. 123-Qualified Piracy:
The penalty of Reclusion Perpetua to death shall be imposed
CRIMES AGAINST THE FUNDANIENTAL LAWS OF THE STATE
Art. 124-Arbitrary Detention and Expulsion
Art. 125-Delay in the Delivery of a Detained Person to the proper judicial Authority
Art. 128-Violation of Domicile
Art. 129-Search Warrants Maliciously Obtained, and Abuse in the Service of those Legally Obtained
Art. 130-Searching Domicile Without Witnesses
Art. 131-Prohibition, Interruption and Dissolution of Peaceful Meetings
Art. 132-Interruption of Religious Worship
Art. 133-Offending the Religious Feelings
Elements:
- That the offender is a public officer or employee;
- That he detains a person; and
- That the detention is without legal grounds.
Art. 124-Arbitrary Detention and Expulsion:
Elements:
- That the offender is a public officer or employee;
- That he has detained a person;
- That he fails to deliver said person to the proper judicial authorities within:
a. 12 hours for crimes punishable with light penalties.
b. 18 hours for crimes punishable with correctional penalties.
c. 36 hours for crimes punishable with afflictive or capital penalties.
Art. 125-Delay in the Delivery of a Detained Person to the proper judicial Authority:
In Art. 125-Delay in the Delivery of a Detained Person to the proper judicial Authority, If the offender is a private person, the crime is ____
illegal detention
In _____, the detention was without legal ground as the detained person was not legally arrested; while,
in _____, the detention was with legal ground as when the arrested while doing the crime or was about to commit the crime or the crime has just been committed, BUT the filing of the case against the subject is beyond the period allowed or prescribed by law or no case has been filed against the said person.
Art. 124
Art. 125
Acts Punishable:
1. By entering any dwelling against the will of the owner;
2. By searching papers or other effects found therein without the previous consent of such owner; or
3. By refusing to leave the premises, after having surreptitiously entered said dwelling and having been required to leave the same.
Elements Common to the Three Parts:
a) That the offender is a public officer or employee
b) That he is not authorized by judicial order to enter the dwelling and/or to make search therein for paper or other effects.
Notes: Not being authorized by law means the public officer or employee has no search warrant to conduct search.
Art. 128-Violation of Domicile
when the owner opposes or prohibits somebody to enter his home. If the owner consented the search, the crime is not committed by the public officer or employee.
Against the will of the owner
A policeman without the search warrant cannot lawfully enter the dwelling of another even if he is keeping inside kilos of shabu. If he forcibly did, the evidence obtained by such unlawful entry is ____
not admissible in evidence.
Acts Punishable:
- By procuring search warrant without just cause;
- By exceeding his authority or by using unnecessary severity in executing search warrant legally obtained.
Elements of Procuring Search Warrant Without just Cause:
a) That the offender is a Public Officer or employee
b) That he procures search warrant
c) That there is no just cause
Art. 129-Search Warrants Maliciously Obtained, and Abuse in the Service of those Legally Obtained
A policeman wanted to verify a report that some corpse were unlawfully buried in a private place and not in cemetery. Instead of stating that fact, he alleged his affidavit attached to the application for search warrant, that opium and shabu were hidden in the premises. If no opium or shabu is found, the policeman is guilty under ____
Art. 129-Search Warrants Maliciously Obtained, and Abuse in the Service of those Legally Obtained
a) That the offender is a public officer or I employee
b) That he legally procured a search warrant
c) That he exceeds his authority or uses unnecessary severity in executing the same.
Example:
1) In executing a search Warrant for shabu, he seized books, personal letters, and other property having no connection or very remote to shabu.
2) In searching for opium, furnitures and fixtures are destroyed.
Elements of Exceeding Authority or Using Unnecessary Severity in Executing Search Warrant Legally Procured:
Elements:
1) That the offender is a public officer or employee.
2) That he is armed with search warrant legally procured
3) That he searches the domicile for papers or other belongings of any person.
4) That the owner, or any member of his family, or two witnesses residing in the same locality are not present.
Art. 130-Searching Domicile Without Witnesses
Elements:
- That the offender is a public officer or employee.
- That he performs any of the following:
a) by hindering any person from joining any lawful association or from attending any of its meetings.
b) By prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.
Art. 131-Prohibition, Interruption and Dissolution of Peaceful Meetings
This offense is committed by public officer or employee who prevents or disturbs a religious ceremony that is to take place or is actually taking place.
Art. 132-Interruption of Religious Worship
That the Public Officer or employee performs an act notoriously offensive to the feelings of the members of a particular religion like, mocking or scoffing at or attempting to damage an object of religious veneration.
Art. 133-Offending the Religious Feelings
CRIMES AGAINST PUBLIC ORDER
Art. 134-Rebellion or Insurrection
Art. 134 A-Coup d’ Etat
Art. 136-Conspiracy and Proposal to Commit Coup d’ Etat, Rebellion or Insurrection
Art. 137-Disloyalty of Public Officers or Employees
Art. 137-Disloyalty of Public Officers or Employees
Art. 139-Sedition
Art. 141-Conspiracy to Commit Sedition
Art. 142-Inciting to Sedition
Art. 143-Acts to prevent the Meeting of the Assembly and Similar Bodies
Art. 146-Illegal Assemblies
Art. 147-Illegal Association
Art. 148-Direct Assaults
Art. 149-Indirect Assaults
Art. 151-Resistance and Disobedience to a Person in Authority or Agent of a Person in Authority:
Art. 150-Disobedience to Summons Issued by the National Assembly, its Committees or Subcommittees, by the Constitutional Commissions, its Committees or Subcommittees or its division.
Art. 153-Tumults and Other Disturbance of Public Order-Tumultuous Disturbance or Interruption Liable to Cause Disturbance
Art. 154-Unlawful use of Means of Publication and Unlawful Utterances
Art. 155-Alarms and Scandals
Art. 153-Tumults and other disturbances of public order, etc.
Art. 156-Delivering prisoners from jails: helping a prisoner to escape.
Art. 157-Evasion of service of sentence: The convict by final judgment escapes from prison during his term of imprisonment.
Elements:
- That there be
a) public uprising, and
b) taking up arms against the government. - That the purpose of the uprising or movement is either-
a) to remove from the allegiance to said government or its laws
(a. 1) the territory of the Philippines or any part thereof, or
(a. 2) any body of land, naval or other armed forces.
b) To deprive the Chief Executive or President or the congress, wholly or partially, of any of their powers or prerogatives.
Art. 134-Rebellion or Insurrection
are not synonymous.
Rebellion and insurrection
crime of rebellion and crime of subversion
This term is more frequently used where the object of the movement is completely to overthrow the government;
It connotes not merely a challenge to the constituted authorities but also a civil war on a bigger or lesser scale.
rebellion
This term is more commonly employed in reference to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of government authority with respect to particular matters or subjects.
insurrection
is committed by rising publicly and taking up arms against the government for any of the purposes mentioned in Art. 134.
Rebellion
Is a crime committed by a mere affiliation or membership in a subservive organization. It is a crime against public security, while rebellion is a crime against public order. No more crime of subversion as per the Anti-Subversion Law (RA. 1700)
Subversion
Elements: 1. The offender is any person/s belonging to the military or police or holding any public office or employment with or without civilian support or participation;
- That there is a swift attack accompanied by violence, intimidation, threat, strategy or stealth;
- The attack is directed against the duly constituted authorities of the Philippines, or any military camp or installation, communications networks, public utilities or facilities needed for the exercise and continued possession of power;
- The purpose is to seize or diminish state power.
Art. 134 A-Coup d’ Etat
added a new provision to the Revised Penal Code creating the new offense of a coup d’etat which can be committed anywhere in the Philippines.
RA. No. 6968 dated October 24, 1990
is punishable by law but in either case, obviously there is no need of a public uprising.
Conspiracy and proposal to commit rebellion
Art. 136-Conspiracy and Proposal to Commit Coup d’ Etat, Rebellion or Insurrection
Acts of Disloyalty:
1. By failing to resist a rebellion by all means in their power;
2. By continuing to discharge the duties of their offices under the control of the rebels;
3 By accepting appointment to office under them.
Art. 137-Disloyalty of Public Officers or Employees
- There is no taking up arms or hostility
against the government; - Inciting others to commit acts of rebellion by means of speeches, proclamation, etc.;
- The offender is not a rebel.
Art 138-Inciting to Rebellion or Insurrection
Elements:
- Rising publicly and tumultuously
- The purpose is to attain by force, intimidation, or other illegal methods any of the following objects:
a) Prevent promulgation or execution of any law or the holding of any election
b) To prevent the government, or any provincial, city or municipal government, or any public officer thereof from freely exercising its or his functions, or to prevent the execution of any administrative order;
c) To inflict any act of hate or revenge upon the person or property of any public officer or employee;
d) To commit, for any political or social end, any act of hate or revenge against private persons or any social class;
e) To despoil, for any political or social end, any person, city, municipality or province, or the national government of all its property or any part thereof.
Art. 139-Sedition
commotion by three or more armed persons
Tumultuous
The purpose of sedition may be ______;
rebellion always ______.
political or social
political
No public uprising
No object of sedition
No sedition
Note: There is ________ when two or more persons come into an agreement to commit any of the objects of sedition and decide to commit it.
Art. 141-Conspiracy to Commit Sedition
There is no crime of proposal to commit _____ .
sedition
- Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end;
- Uttering seditious words or speeches which tend to disturb the public peace; and
- Writing, publishing or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace.
Art. 142-Inciting to Sedition:
Elements:
- That the offender does not take part directly in the crime of sedition;
- That he incites others to the accomplishment of any of the acts which constitute sedition; and
- That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners or other representations tending to the same end.
Art. 142-Inciting to Sedition:
means low, vulgar, mean or foul
Scurrilous
Two Rules Relative or Applicable in Seditious Words:
a) The clear and present danger rule
b) The dangerous tendency rule
The words must be of such nature that by uttering them there is a danger of a
public uprising and that such danger should be both clear and imminent.
a) The clear and present danger rule-
there is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the government and obedient to the laws. Or if the words used tend to create a danger of public uprising.
b) The dangerous tendency rule
There is meeting or session going on in Congress or any of its Committees, the provincial, city, municipal or barangay council (Sanggunian), and the offender disturbs the said meeting or proceedings.
Art. 143-Acts to prevent the Meeting of the Assembly and Similar Bodies:
- Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Revised Penal Code.
Elements: - That there be a meeting, a gathering of group of persons, whether in fixed place or moving;
- That the meeting is attended by armed persons; and
- That the purpose of the meeting is to commit any of the crimes punishable under the Revised Penal Code.
- Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agent.
Elements: 1. That there is a meeting, a gathering of group of persons, whether in a fixed place or moving; - That the audience, whether armed or not, is incited to the commission of the crime of rebellion or insurrection, treason, sedition or direct assault.
Art. 146-Illegal Assemblies
Persons Liable for Illegal Assemblies:
- The organizers or leaders of the meeting
2. Persons merely present at the meeting
- Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Revised Penal Code.
- Associations totally or partially organized for some purpose contrary to public morals.
Art. 147-Illegal Association
Persons Liable for Illegal Association
- Founders, directors and President of the Association
2. Mere members of the association
- actual meeting is required
- persons may be armed
- for the purpose of committing acts punishable by the Revised Penal Code
Illegal Assembly
- there is no need of actual meeting
- persons need not be armed
- Includes acts punishable by special laws
Illegal Association
- Without any public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition.
First way of committing Art 148. Direct Assault
- Without any public uprising, by attacking, by employing force or by seriously intimidating or by serious resistance upon a person in authority or any of his agents, while engaged in the performance or official duties, or on the occasion of such performance.
Second way of committing Art 148. Direct Assault
- That the offender employs force or intimidation;
- That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of sedition;
- That there is no public uprising
Elements
(First way of committing direct assault):
- That the offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance;
- That the person assaulted is a person in authority or his agent;
- That at the time of the assault the person in authority or his agent is engaged in actual performance of official duties, or that he is assaulted by reason of the past performance of official duties;
- That the offender knows that the one he is assaulting is person in authority or his agent in the exercise of his duties; and
- That there is no public uprising.
Elements of the Second way of Committing Direct Assault:
Notes: If the offended party is only an agent of a person in authority, the resistance of force employed must be in ______. If a person in authority, the force or resistance employed need not be serious.
serious character
Example: Pushing a policeman and giving him fist blows without hitting him, is not direct assault. If the policeman is hit by the blow, that will become serious and therefore ____
direct assault.
Any person directly vested with jurisdiction, whenever as an individual or as a member of some court or government corporation, board or commission, like: the governor, mayor, barangay captain, division superintendent of school, public and private schools, provincial and city fiscals (prosecutors), judges of the courts, municipal, city and provincial kagawads, professors and instructors of public and private colleges and universities.
Person in Authority
Any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection of life and property, such as: policemen, military men, barangay kagawads, barangay leaders, and any person who comes to the aid of a person in authority, shall be deemed an agent of person in authority.
agent of a Person in Authority
Those who come to the aid of the Authorities or their agent while an assault is being committed upon the latter shall enjoy the status of a person in authority or their agent, hence, the provision of ____.
indirect assault
Elements:
- That a person in authority or his agent is the victim of direct assault;
- That a person comes to the aid of such authority or his agent; and
- That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent.
Art. 149-Indirect Assault:
The mayor who was trying to separate two persons boxing each other, was also attacked. B comes to aid the Mayor but was also attacked by one of the two persons. The person who attacked the person who tried to aid the Mayor is therefore guilty of _____
Indirect Assault.
Elements:
- That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender;
- That the offender resists or seriously disobeys such person in authority or his agent; and
- That the act of the offender is not included in the provisions of Arts. 148, 149 and 150.
Art. 151-Resistance and Disobedience to a Person in Authority or Agent of a Person in Authority:
The accused must have knowledge that the person arresting him is a peace officer.
Example: Where the accused struck the policeman on the breast with a fist when the latter was arresting the said accused, is resistance and serious disobedience.
Art. 150-Disobedience to Summons Issued by the National Assembly, its Committees or Subcommittees, by the Constitutional Commissions, its Committees or Subcommittees or its division.
- That an agent of a person in authority is engaged in the performance of official duty or gives lawful order to the offender;
- That the offender disobeys such agent of a person in authority; and .
- That such disobedience is not of serious nature.
Elements of Simple Disobedience
The act of lying on the road and refusing to leave despite the order of the Chief of Police, is an example of _____
simple disobedience.
- Force used is of greater magnitude except if there is laying hands upon a person in authority.
- Act is either during the offended party’s performance of duties or by reason thereof
Direct Assault
- Force used is of lesser magnitude
2. Act must be done during actual performance of duties of the offended party.
Serious Disobedience
- Causing serious disturbance in public place, office or establishment.
- Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings as long as the act is not punishable under Articles 131 and 132;
- Making any outcry tending to incite rebellion or sedition in any meeting, association or public place;
- Displaying placards or emblems in any meeting, association or public place, which provoke a disturbance of public order;
- Burying with pomp the body of the person who has been legally executed in violation of Article 85.
Notes:
Art. 131-Prohibition, interruption, and dissolution of peaceful meetings.
Art. 132-Interruption of religious worship
Art. 85-Provisions relative to the corpse of the person executed and its burial.
Art. 153-Tumults and Other Disturbance of Public Order
-Tumultuous Disturbance or Interruption Liable to Cause Disturbance
Merely standing in a large crowd near the door of the house as to attract the attention of those attending a political meeting of an opponent by 100 persons or more would not be a disturbance punishable under this article
Art. 153-Tumults and Other Disturbance of Public Order
In public disorder, what is punishable is a mere outcry or outburst tending to incite rebellion or sedition while in inciting to rebellion, there is an actual intention to instigate others to commit rebellion.
Art. 153-Tumults and Other Disturbance of Public Order
Notes: While it is a true that we have freedom of the press as well as freedom of thought, there are limitations designed to serve the greater interest of the nation and our people.
The news published or printed is false and there is showing that it might endanger the public order or cause damage to the interest or credit of the State.
The above article likewise upholds the rule of the law and punishes any act that extols a crime. Refusing to accept a final verdict of the Highest Court and continuously attacking the members thereof in general, without prejudice to responsibility for libel.
Maliciously publishing or causing to be published any official resolution or documents without proper authority or before they have been published officially.
Printing, publishing or distributing books, pamphlets, periodical, or leaflets which do not bear the real printer’s name, or which are classified as anonymous.
Art. 154-Unlawful use of Means of Publication and Unlawful Utterances
- Discharging any firearm, rocket, firecracker, or other explosive within the town or public place, calculated to cause alarm or danger;
- Instigating or taking an active part in any Charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;
- Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements;
- Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable.
Art. 155-Alarms and Scandals
are also public disorders of lesser degree.
Alarms and Scandals
means a mock serenade of discordant voices or sounds designed to deride or insult.
Charivari
helping a prisoner to escape.
Art. 156-Delivering prisoners from jails:
The convict by final judgment escapes from prison during his term of imprisonment.
Art. 157-Evasion of service of sentence:
CRIMES AGAINST PUBLIC INTEREST
Art. 161 Counterfeiting the great seal of the government of the Philippine Islands, forging the signature or stamp of the Chief Executive.
Art. 162 Using forged signature or counterfeit seal or stamp (of the President)
Art. 163 Making and importing and uttering false coins.
Art. 164 Mutilation of coins
Art. 165 Selling of false or mutilated coin, without connivance.
Art. 166 Forging treasury or bank notes, obligations and securities.
Art. 169 Forgery
Art. 171 Falsification by public officer, employee or notary or ecclesiastical minister.
Art. 172. Falsification by private individuals and use of falsified documents.
Art. 174. False medical certificates, false certificates of merit or service, etc.
Art. 175. Using False Certificates
Art. 173. Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified messages.
Art. 177. Usurpation of authority of official functions
Art. 178. Using fictitious name and concealing true name
Art. 179. Illegal use of uniform or insignia.
Art. 183. False Testimony in other cases in Perjury
means to pass counterfeited coins. The act of giving away
Uttering
Importation and utterances of mutilated coins
Art. 164 Mutilation of coins
means to take off part of the metal neither by filing it or substituting it for another means the metal in the coin.
Mutilation
Means coin of other country not included.
The coin must be legal tender.
Possession of coin, counterfeited or mutilated by other person, with intent to utter the same, knowing that is false or mutilated.
Possession of or uttering false coin does not require that the counterfeited coin is legal tender.
Art. 165 Selling of false or mutilated coin, without connivance.
Importing and uttering false or forged notes, obligations and securities. Forging and falsification committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; and falsification is committed by erasing, substituting, counterfeiting or altering by any means the figures, letters, Words or signs contained therein.
Art. 166 Forging treasury or bank notes, obligations and securities.
Obligation or security of the Philippines
a) Bonds
b) certificate of indebtedness
c) national bank notes
d) coupons
e) treasury notes
f) fractional notes
g) certificates of deposits
h) bills
i) Checks
j) drafts for money
k) and other representatives of value issued under Act of Congress
- By giving to a treasury note or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document.
- By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs contained therein.
Art. 169 Forgery
Elements:
1. That the offender is a public officer, employee, or notary.
2. That he falsifies a document by committing any of the following acts:
a) Counterfeiting or imitating any handwriting, signature or rubric.
b) Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate.
c) Attributing to a person who have participated in an act or proceeding statements other than those in fact made by them/him.
d) Making untruthful statements in a narration of facts.
e) Altering true dates
f) Making any alteration or intercalation in a genuine document which changes its meaning
g) Issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such a Copy a statement contrary to or different from, that of the genuine original.
h) Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book.
In case the offender is an ecclesiastical minister, the act or falsification is committed with respect to any record or document of such character that the falsification may effect the civil status of persons.
Art. 171 Falsification by public officer, employee or notary or ecclesiastical minister.
Penalty
Art. 171 Falsification by public officer, employee or notary or ecclesiastical minister.
Notes: The penalty of “prision mayor” and a fine not exceeding P5,000.00
It is any written statement by which a right is established or an obligation extinguished. It is a writing or instrument by which a fact may be proven or affirmed.
Document
Thus, if a _____ is merely a draft, because it has not been approved by the proper authority, it can prove nothing and affirm nothing.
payroll
Three (3) acts punishable under this article:
- Falsification of public, official or commercial documents by a private individual.
- Falsification of private document by any person
- Use of falsified document.
Art. 172. Falsification by private individuals and use of falsified documents.
Penalty of Art. 172. Falsification by private individuals and use of falsified documents.
Notes: The penalty is “prision correccional” in its medium and maximum periods and a fine of note more than P5,000.00.
In Article ____, the offender is either public officer or employee, or notary public or ecclesiastical minister; in Article ____, the offender is private individual.
171
172
Kinds of documents
a) Public document
b) Official Document
c) Private document
d) Commercial document
e) Note
a document created, executed or issued by public official in response to the exigencies of the public service, or in the execution of which a public official intervened.
Public document
a document which is issued by a public official in the exercise of the functions of his office.
It is also a public document. It falls under the larger class called public documents.
Official Document
a deed or instrument executed by a private person without the intervention of a notary public or other persons legally authorized, by which document some disposition or agreement is proved.
Private document
any document defined and regulated by the Code of Commerce or any other commercial law.
Commercial document
____that a deed acknowledged before a notary public is a public document.
Note
Any physician or surgeon who, in connection with the practice of his profession, shall issue a false certificate.
Penalty
Art. 174. False medical certificates, false certificates of merit or service, etc.
“Arresto mayor” in its maximum period to “prision correccional” in its minimum period and a fine not exceeding P1,000.00.
Any private person who shall falsify a certificate falling with the classes mentioned in the last two paragraphs.
Penalty
The crimes are: False Medical Certificate by private individual or False Certificate of Merit by private individual. Penalty, “Arresto Mayor”
Offenders, physician or surgeon in case of false medical certificate, public officer, certificate of merit, etc. private person in case of any of said certificate, AND knew that the certificate is false.
Penalty
Art. 175. Using False Certificates
Penalty, “Arresto menor”
- By knowing and falsely representing oneself to be an officer, agent or representative of any department or agency of the government or any foreign government
First way of committing Art. 177. Usurpation of authority of official functions.
By performing any act pertaining to any person in authority or public officer of the government or of a foreign government or any agency thereof, under pretense of official position, and without being lawfully entitled to do so.
*Note: there must be positive, express and explicit representation
Second way of committing Art. 177. Usurpation of authority of official functions.
Penalty of Art. 177. Usurpation of authority of official functions.
Penalty: “Prision correccional” in its minimum and medium period.
Elements:
a) That the offender uses a name other than his real name.
b) That he uses the fictitious name publicly.
c) That the purpose of the offender is to conceal a crime
- –to evade the execution of sentence
- –to cause damage to public interest.
Penalty
Art. 178. Using fictitious name and concealing true name
Penalty: “Arresto mayor” and fine not to exceed P500.00
is any other name which a person publicly applies himself without authority of law.
Fictitious name
the purpose is only to conceal his identity. No publicity is required and the purpose of concealing the name is immaterial.
CONCEALING TRUE NAME
Note: The use of uniform or insignia is publicly and improperly, and uniform or insignia pertains to an office not belonging to or held by the offender.
Wearing uniform of an imaginary office, not punishable.
Such illegal use of uniform or insignia may be preparatory to the commission of the crime of usurpation of authority, hence punishable.
Penalty
Art. 179. Illegal use of uniform or insignia. Penalty: “Arresto Mayor”
Elements:
a) By falsely testifying under oath (must be in Judicial proceeding)
b) By making a false affidavit.
Penalty
Art. 183. False Testimony in other cases in Perjury
Penalty: “Arresto mayor” in its maximum period to “prision correccional”
The offender made statement under oath upon a material matter that is making an affidavit before a competent officer authorized to receive and administer oath.
And that statement or affidavit is willful and deliberate assertion of falsehood, and that said affidavit is required by law.
PERJURY
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS (RA. 6425)
Republic Act No. 6425 has been amended by RA9165, Comprehensive Dangerous Drugs Act of 2002, which likewise created the PDEA.
- Importation of prohibited drug
—Life imprisonment to death
- Sale, administration, delivery, distribution and transportation of prohibited drugs
—Life imprisonment to death
- Maintenance of a den, dive or resort for prohibited drugs users
—Imprisonment from 12 years 1 day to 20 years
- Employees and visitors of prohibited drug den
—2 years 1 day to 6 years
- Manufacture of Prohibited drugs
—Life imprisonment to death
- Possession or use of prohibited drugs
—6 years 1 day to 12 years
Indian hemp
Indian hemp-marijuana
—6 months 1 day to 6 years
- Cultivation of plants which are sources of prohibited drugs
—14 years 1 day to life imprisonment
- Records of prescription, sales, purchases acquisitions and/or delivery of prohibited drugs
—-1 year 1 day to 6 years
- Unlawful prescription of prohibited drugs
—-8 years 1 day to 12 years
- Possession of opium pipe and other paraphernalia prescription of prohibited drugs
—4 years 1 day to 12 years
- Importation of regulated drugs
—Life imprisonment to death
- Manufacture of regulated drugs
—Life imprisonment to death
- Sale, administration, to death dispensation, deliveries, transportation and distribution of regulated drugs
—Life imprisonment
- Possession or use of regulated drugs
—6 months 1 day to 4 years
- Records of prescriptions, sales, purchases and/or deliveries of regulated drugs
—6 months 1 day to 4 years
- Unlawful prescription of regulated drugs
—4 years 1 day to years
- Unnecessary prescription of regulated drugs
— 6 months 1 day four years.
Under RA. 9165, the act of possession punishable by life imprisonment to death are the following:
- 10 grams of opium
- 10 grams of cocaine
- 10 grams of morphine
- 10 grams of heroin
- 10 grams of marijuana resin
- 50 grams of shabu
- 500 grams of marijuana
Refers to the act of introducing a dangerous drug into the body.
Administer
Dangerous drugs refers to:
1) Prohibited drugs
2) Regulated drugs
This includes opium and its active components and derivatives, such as heroin and morphine; coca leaf and its derivatives, principally cocaine alpha; and beta eucaine; hallucinogenic drugs, such as mescaline, lysergic acid diethylamide (LSD) and other substances producing similar effects; Indian hemp and its derivatives; all preparations made from any of the foregoing; and other drugs Whether natural or synthetic, with the physiological effects of a narcotic drug.
1) Prohibited drugs
