crim 2 elements

REPUBLIC ACT NO. 6235 ANTIHIJACKING LAW

"aircraft is in flight" - from the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation. Acts Punished 1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight; or compelling the pilots thereof to change its course or destination; Note: When the aircraft is not in flight, the usurpation or seizure of the aircraft may amount to coercion or threat. When death results, the crime is homicide or murder, as the case may be. 2. Usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, or 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 flammable, corrosive, substances, explosive or poisonous 4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, or poisonous substance if not done in accordance with the rules and regulations of the Air Transportation Office.

ART 117. ESPIONAGE

1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Philippines 2. By disclosing to the representative of a foreign nation the contents of the articles, data or informationreferred to in the preceding paragraph, which he had in his possession by reason of the public office he holds

ARTICLE 169. HOW FORGERY IS COMMMITTED

1. By giving to treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; 2. Counterfeiting Altering Substituting Erasing any figures, letters, words or signs contained therein

ARTICLE 136. CONSPIRACY & PROPOSAL TO COMMIT REBELLION, INSURRECTION OR COUP D' ETAT

1. Conspiracy to commit rebellion - when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion and decide to commit it 2. Proposal to commit rebellion - when the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons

ART 115. CONSPIRACY & PROPOSAL TO COMMIT TREASON

1. Conspiracy to commit treason - committed when in time of war, two or more persons come to an agreement to levy war against the Government or to adhere to the enemies and to give them aid or comfort, and decide to commit it (Arts. 8 and 114) 2. Proposal to commit treason - committed when in time of war a person has decided to levy war against the Government or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person or persons (Arts. 8 and 114)

ARTICLE 149 INDIRECT ASSAULT

1. That a PA or an APA is the victim of any of the forms of direct assault defined in Art. 148; 2. That a person comes to the aid of the APA; 3. That the offender makes use of force or intimidation upon such person coming to the aid of the APA.

ARTICLE 175. USING FALSE CERTIFICATES

1. That a false certificate mentioned in the preceding article was issued; 2. That the offender knew that the certificate was false; 3. That he used the same.

ART 120. CORRESPONDENCE WITH HOSTILE COUNTRY

1. That it is made in time of war in which the Philippines is involved; 2. That the offender makes correspondence with the: a. Enemy country or b. Territory occupied by the enemy troops; 3. That the correspondence is either: a. Prohibited by the Government; or b. Carried on in ciphers or conventional signs; or c. If notice or information be given enemy. The following must concur to qualify the offense: 1. That the notice or information might be useful to the enemy; 2. That the offender intended to aid the enemy.

ARTICLE 133. OFFENDING RELIGIOUS FEELINGS

1. That the acts complained of were performed: a. In a place devoted to religious worship (not necessary that there is a religious worship); or b. During the celebration of any religious ceremony; 2. That the acts must be notoriously offensive to the feelings of the faithful.

Elements of act no. 1:

1. That the offender does not take direct part in the crime of sedition; 2. That he incites others to the accomplishment of any of the acts which constitute sedition; 3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end. Acts nos. 2 & 3 punishable when: 1. They tend to disturb or obstruct any lawful officer in executing the functions of his office; 2. They tend to instigate others to cabal and meet together for unlawful purposes; 3. They suggest or incite rebellious conspiracies or riots or 4. They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order

ARTICLE 138. INCITING TO REBELLION/ INSURRECTION

1. That the offender does not take up arms or is not in open hostility against the Government; 2. That he incites others to the execution of any of the acts of rebellion; 3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations (SPWEBO) tending to the same end

ART 116. MISPRISION OF TREASON

1. That the offender is a citizen of the Philippines; 2. That he has knowledge of any conspiracy against the Government; 3. That the conspiracy is one to commit treason; 4. That he conceals or does not disclose and make known the same as soon as possible to the proper authority

ARTICLE 158 EVASION OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES

1. That the offender is a convict by final judgment, and is confined in a penal institution; 2. That there is disorder, resulting from: a. Conflagration, b. Earthquake, c. Explosion, d. Similar catastrophe, e. Mutiny in which he has not participated; 3. That the offender leaves the penal institution where he is confined, on the occasion of such disorder or during the mutiny; 4. That the offender fails to give himself up to the authorities within 48 hrs. following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity

ARTICLE 157 EVASION OF SERVICE OF SENTENCE

1. That the offender is a convict by final judgment; 2. That he is serving his sentence, which consists in deprivation of liberty; 3. That he evades the service of his sentence by escaping during the term of his sentence. Circumstances qualifying the offense: 1. By means of unlawful entry ("by scaling"); 2. By breaking doors, windows, gates, walls, roofs or floors; 3. By using picklocks, false keys, disguise, deceit, violence, or intimidation; 4. Through connivance with other convicts or employees of the penal institution.

ARTICLE 206 UNJUST INTERLOCUTORY ORDER

1. That the offender is a judge; 2. That he performs any of the following acts: a. Knowingly renders unjust interlocutory order or decree, or b. Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance

ARTICLE 207 MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE

1. That the offender is a judge; 2. That there is a proceeding in court. 3. That he delays the administration of justice; 4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. Who Can Be Offenders in Art. 208? 1. Public officer Officers of the prosecution department, whose duty is to institute criminal proceedings upon being informed 2. Officer of the law By reason of position held by them are duty-bound to cause prosecution and punishment of offenders.

ARTICLE 205. JUDGMENT RENDERED THROUGH NEGLIGENCE

1. That the offender is a judge; 2. That he renders a judgment in a case submitted to him for decision; 3. That the judgment is manifestly unjust; 4. That it is due to his inexcusable negligence or ignorance.

ARTICLE 204 KNOWINGLY RENDERING UNJUST JUDGMENT

1. That the offender is a judge; 2. That he renders a judgment in a case submitted to him for decision; 3. That the judgment is unjust; 4. That the judge knows that his judgment is unjust.

ARTICLE 134-A. COUP D'ETAT

1. That the offender is a person or persons belonging to military or police or holding any public office or employment; 2. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth; 3. That the attack is directed against duly constituted authorities of the Republic of the Philippines or any military camp, or installation, or communication networks, public utilities or other facilities needed for the exercise and continued possession of power; 4. That the purpose of the attack is to seize or diminish state power.

ARTICLE 124. ARBITRARY DETENTION

1. That the offender is a public officer or employee; 2. That he detains a person; 3. That the detention is without legal ground. Legal grounds for the detention of persons: 1. The commission of a crime; or 2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Note on R.A. 6235: Aggravating circ. to nos. 1 and 2 1. When the offender has fired upon the pilot, member of the crew, or passenger of the aircraft; 2. When the offender has exploded or attempted to explode any bomb or explosive to destroy the aircraft; 3. Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape;

ARTICLE 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES

1. That the offender is a public officer or employee; 2. That he has detained a person for some legal ground 3. That he fails to deliver such person to the proper judicial authorities within: 12 hrs. for light penalties or their equivalent. 18 hrs. for correctional penalties or their equivalent. 36 hrs. for afflictive penalties or their equivalent

ARTICLE 130 SEARCHING DOMICILE WITHOUT WITNESSES

1. That the offender is a public officer or employee; 2. That he searches the domicile, papers or other belongings of any person; 3. That he is armed with a warrant; 4. That the owner or any member of his family or two witnesses residing in the same locality are not present.

ARTICLE 132. INTERRUP-TION OF RELIGIOUS WORSHIP

1. That the offender is a public officer or employee; 2. That religious ceremonies or manifestations of any religion are about to take place or are going on; 3. That the offender prevents or disturbs the same - Qualified by violence or threats

ARTICLE 183 PERJURY

Two ways of committing perjury: 1. By falsely testifying under oath; 2. By making a false affidavit. Elements: 1. That the accused made a statement under oath or executed an affidavit upon a material matter; 2. That the statement or affidavit was made before a competent officer authorized to receive and administer oath; 3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood; 4. That the sworn statement or affidavit containing the falsity is required by law Relevant - when it tends in any reasonable degree to establish the probability or improbability of a fact in issue. Pertinent - when it concerns collateral matters which make more or less probable the proposition at issue. Oath - any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully. Affidavit - a sworn statement in writing; a declaration in writing, made upon oath before an authorized magistrate or officer. Competent person - a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction Subornation of perjury - is committed by a person who knowingly and willfully procures another to swear falsely and he witness suborned does testify under the circumstances rendering him guilty of perjury

ARTICLE 153 TUMULTS & OTHER DISTURBANCES OF PUBLIC ORDER

Acts punished: 1. Causing any serious disturbance in a public place, office or establishment; 2. Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings, if the act is not included in Arts. 131- 132; 3. Making an outcry tending to incite rebellion or sedition in any meeting, association or public place; 4. Displaying placards or emblems which provoke a disturbance of public order in such place; 5. Burying with pomp the body of a person who has been legally executed.

ARTICLE 155 ALARMS & SCANDALS

Acts punished: 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, which produces alarm or danger 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 intoxicated or otherwise, provided Art. 153 is not applicable

ARTICLE 172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS

Acts punished: 1. Falsification of public, official or commercial document by a private individual Elements: a. The offender is a private individual or a public officer or employee who did not take advantage of his official position; b. That he committed any of the acts of falsification enumerated in Art.171 (Pars.1- 6); c. That the falsification was committed in a public or official or commercial document. 2. Falsification of private document by any person; Elements: a. That the offender committed any of the acts of falsification except those in par. 7, enumerated in Art.171; b. That the falsification was committed in a private document; c. That the falsification caused damage to a third party or at least the falsification was committed with the intent to cause damage. 3. Use of falsified documents. Elements: a. Introducing in a judicial proceeding: i. That the offender knew that the document was falsified by another person; ii. That the false document was embraced in Art. 171 or in any subdivision No.1 or 2 of Art. 172; iii. That he introduced said document in evidence in any judicial proceeding. · No damage is required. B. Use in any other transaction i. That the offender knew that the document was falsified by another person; ii. That the false document was embraced in Art. 171 or in any of subdivision No. 1 or 2 of Art. 172; iii. That he used such document (not in judicial proceeding); iv. That the use of the false document caused damage to another or at least it was used with in 3. Using such falsified messages. · With respect to No. 3, the offender need not be connected to the government or to such corporation. Elements: a. That the accused knew that wireless, cable, telegraph or telephone message was falsified by any person specified in 1st paragraph of Art.173;

ARTICLE 176 MANUFACTURING AND POSSESSION OF INSTRUMENTS AND IMPLEMENTS FOR FALSIFICATION

Acts punished: 1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments or implements for counterfeiting; 2. Possession with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person.

ARTICLE 154 UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES

Acts punished: 1. Publishing or causing to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State; 2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished 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 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.

ARTICLE 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE NAT'L ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSION, ITS COMMITTEES, SUBCOMMITTEE OR DIVISIONS

Acts punished: 1. Refusing, without legal excuse, to obey summons of Congress, or any commission or committee chairman or member authorized to summon witnesses; 2. Refusing to be sworn or placed under affirmation while before such legislative or constitutional body or official; 3. 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. Restraining another from attending as a witness in such legislative or constitutional body; 5. Inducing disobedience to summons or refusal to be sworn by any such body or official

ARTICLE 173. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND TELEPHONE MESSAGES AND USE OF SAID FALSIFIED MESSAGES

Acts punished: 1. Uttering fictitious wireless, telegraph, or telephone messages; 2. Falsifying wireless, telegraph or telephone messages. Elements: a. That the offender is an officer or employee of the government or an officer or an employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message; b. That he commits any of the above acts.

REPUBLIC ACT NO. 9165 Comprehensive Dangerous Drugs Act of 2002 (Repealing RA No. 6425, otherwise known as the Dangerous Drugs Act of 1972)

Articles or merchandise involved: 1. Gold, 2. Silver, 3. Other precious metals, or 4. Their alloys. Elements: 1. That the offender imports, sells or disposes any of those articles; 2. That the stamps, brands or marks of those articles or merchandise fail to indicate the actual fineness or quality of said metal or alloy; 3. That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or quality of said metal or alloy.

REPUBLIC ACT NO. 9165 Comprehensive Dangerous Drugs Act of 2002 (Repealing RA No. 6425, otherwise known as the Dangerous Drugs Act of 1972)

Controlled precursors and essential chemicals (CP/EC) - include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Dangerous Drugs (DD) - include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances Notwithstanding the provisions of the law to the contrary, a positive finding for the use of dangerous drugs shall be a QUALIFYING AGGRAVATING CIRCUMSTANCE in the commission of a crime by an offender, and the applicable penalty provided for in the RPC shall be applicable. (Sec. 25)

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

Elements of resistance & serious disobedience: 1. That a PA or his APA is engaged in the performance of official duty or gives a lawful order to the offender; 2. That the offender resists or seriously disobeys such person in authority or his agent; 3. That the act of the offender is not included in the provisions of Arts. 148-150. Elements of simple disobedience: 1. That an APA is engaged in the performance of official duty or gives a lawful order to the offender; 2. That the offender disobeys such APA; 3. That such disobedience is not of a serious nature.

ARTICLE 178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME

Elements: (using fictitious name) 1. That the offender uses a name other than his real name; 2. That he uses that fictitious name publicly; 3. That the purpose of the offender is— a. To conceal a crime; b. To evade the execution of a judgment; Or c. To cause damage to public interest. Elements: (Concealing true name) 1. That the offender conceals: a. his true name, b. all other personal circumstances; 2. That the purpose is only to conceal his identity.

ARTICLE 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS

Two ways or modes of committing piracy: 1. By attacking or seizing a vessel on the high seas or in Philippine waters; 2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers. Elements of piracy: 1. That a vessel is on the high seas or on Philippine waters; 2. That the offenders are NOT members of its complement or passengers of the vessel; 3. That the offenders: a. Attack or seize the vessel; or b. Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers. Piracy under PD 532: Punishes piracy committed in Philippine waters only. Offenders: any person (passenger, crew or stranger)

ARTICLE 146 ILLEGAL ASSEMBLIES

Forms of Illegal Assemblies: 1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code Requisites: a. That there is a meeting, gathering or group of persons, whether in a fixed place or moving; b. That the meeting is attended by armed persons; c. That the purpose of the meeting is to commit any of the crimes punishable under the Code. 2. 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 Requisites: a. That there is a meeting, a gathering or group of persons, whether in a fixed place or moving; b. That the audiences, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. Presumptions: If any person carries an unlicensed firearm, it is presumed that: 1. The purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC, and 2. He is considered a leader or organizer of the meeting

NO. 142, as amended by REPUBLIC ACT NO. 6085 An Act Regulating the Use of Aliases

General rule: No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or with which he was registered in the Bureau of Immigration upon entry, or such substitute name as may have been authorized by a competent court. Exception: As pseudonym solely for literary, cinema, television, radio or other entertainment purposes and in athletic events where the use of pseudonym is a normally accepted practice.

ARTICLE 141. CONSPIRACY TO COMMIT SEDITION

Only Conspiracy to commit sedition is punishable and not proposal to commit sedition. There must be an agreement both to attain an object of sedition and to rise publicly and tumultuously.

ARTICLE 201. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS, AND INDECENT SHOWS

Persons Liable: 1. Those who shall publicly expound or proclaim doctrines openly and contrary to public morals. 2. The authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners, operating the establishment or selling the same. 3. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral shows which are proscribed or are contrary to morals, good customs, established policies, lawful orders, decrees and edicts 4. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals The Test of Obscenity The test is whether the tendency of the matter charged as obscene, is to corrupt those whose minds are open to such immoral influences, and into whose hands such a publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as an indecency.

ARTICLE 202 VAGRANTS AND PROSTITUTES

Persons Liable: 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself to some lawful calling; (Mendicant) 2. Any person found loitering about public or semipublic buildings or places or tramping or wondering about the country or the streets without visible means of support; 3. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. 4. Prostitutes Prostitutes - women who, for money or profit habitually indulge in sexual intercourse or lascivious conduct. Dissolutes - lax, unrestrained, immoral Ruffians- violent or lawless individuals Persons Liable under PD 1563 or the Mendicancy Law: · Mendicant himself · Any person who abets mendicancy by giving alms directly to mendicants, exploited infants, and minors on public roads, sidewalks, parks and bridges.

ARTICLE 135. PENALTY FOR REBELLION OR INSURRECTION OR COUP D'ETAT

Persons liable for rebellion, insurrection and/or coup d'etat: The leaders - Any person who a. Promotes; b. Maintains; or c. Heads a rebellion or insurrection; or Any person who - a. Leads; b. Directs; or c. Commands others to undertake a coup d'etat; The participants - Any person who 1. Participates; or 2. Executes the commands of others in rebellion, or insurrection; Any person in the government service who 1. Participates; or 2. Executes directions or commands of others in undertaking a coup d'etat; Any person not in the government service who 1. Participates; 2. Supports; 3. Finances; 4. Abets; or 5. Aids in undertaking a coup d'etat.

ARTICLE 174. FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATE OF MERIT OR SERVICE

Persons liable: 1. Physician or surgeon who, in connection with the practice of profession issued a false certificate; 2. Public officer who issued a false certificate of merit or service, good conduct or similar circumstances; 3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and 2. 1. Physician or surgeon who, in connection with the practice of profession issued a false certificate; 2. Public officer who issued a false certificate of merit or service, good conduct or similar circumstances; 3. Private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and 2.

ARTICLE 140. PENALTY FOR SEDITION

Persons liable: 1. The leader of the sedition; 2. Other persons participating in the sedition.

ARTICLE 147 ILLEGAL ASSOCIATIONS

Prohibited associations: Association totally or partially organized for: 1. The purpose of committing any of the crimes punishable under the Code, or 2. Some purpose contrary to public morals.

ARTICLE 152. PERSONS IN AUTHORITY & AGENTS OF PERSONS IN AUTHORITY

Public Officer (PO) Any person who takes part in the performance of public functions in the government. Person in Authority (PA) Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board commission. Agent of a Person in Authority (APA) 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 and security of life a

ARTICLE 123 QUALIFIED PIRACY

Qualifying Circumstances: 1. Whenever the offenders have seized the vessel by boarding or firing upon the same; 2. Whenever the pirates have abandoned their victims without means of saving themselves; 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. Qualified Mutiny: When the second or the third circumstance accompanies the crime of mutiny mentioned under Art. 122, mutiny is then qualified. First circumstance may not qualify the crime of mutiny.

ARTICLE 203. WHO ARE PUBLIC OFFICERS

Requisites: To be a public officer one must be - 1. Taking part in the performance of public functions in the government, or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and 2. That his authority to take part in the performance of public functions or to perform public duties must be - a. By direct provision of the law, or b. By popular election, or c. By appointment by competent authority Misfeasance - improper performance of some act which might lawfully be done Malfeasance - the performance of some act which ought not to be done Nonfeasance - omission of some act which ought to be performed

ARTICLE 126. DELAYING RELEASE

Three acts punished: 1. By delaying the performance of a judicial or executive order for the release of a prisoner; 2. By unduly delaying the service of the notice of such order to said prisoner; 3. By unduly delaying the proceedings upon any petition for the liberation of such person. Elements: 1. That the offender is a public officer or employee; 2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person; 3. That the offender without good reason delays either: a. The service of the notice of such order to the prisoner; b. The performance of such judicial or executive order for the release of the prisoner; or c. The proceedings upon a petition for the release of such person.

ARTICLE 127. EXPULSION

Two acts punished: 1. By expelling a person from the Philippines; 2. By compelling a person to change his residence. Elements: 1. That the offender is a public officer or employee; 2. That he expels any person from the Philippines, or compels a person to change his residence; 3. That the offender is not authorized to do so by law. Exception: (no expulsion) in cases of ejectment, expropriation or when the penalty of destierro is imposed.

ARTICLE 177. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS

Two offenses contemplated in Art. 177: 1. Usurpation of authority 2. Usurpation of official functions How committed: 1. By knowingly misrepresenting oneself to be an officer, agent or representative of the government, whether local, national or foreign; 2. By performing any act pertaining to a person in authority or public officer of the government under the pretense of official position and without authority. The acts performed must pertain to: 1. The Government 2. To any person in authority 3. To any public officer

ARTICLE 161 COUNTERFEITING SEAL OF GOVERNMENT, SIGNATURE AND STAMP OF PRESIDENT

Acts Punished 1. Forging the Great Seal of the Government of the Philippines; 2. Forging the signature of the President; 3. Forging the stamp of the President.

ARTICLE 165. SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE

Acts Punished 1. Possession of coin, counterfeited or mutilated by another with intent to utter the same knowing that it is false or mutilated; 2. Actually uttering false or mutilated coin, knowing it to be false or mutilated.

ARTICLE 145 VIOLATION OF PARLIAMENTARY IMMUNITY

Acts Punished 1. Using force, intimidation, threats, or frauds to prevent any member from: a. Attending the meetings of Congress or any of its subcommittees, commissions or divisions thereof, or from committees or constitutional committees or b. Expressing his opinions or c. Casting his vote 2. Arresting or searching any member while Congress is in session, except in cases where such member has committed a crime punishable under the Code by a penalty higher than prision mayor.

ARTICLE 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED

Acts Punished: 1. Procuring a search warrant without just cause Elements: a. That the offender is a public officer or employee; b. That he procures a search warrant; c. That there is no just cause. 2. Exceeding his authority or by using unnecessary severity in executing a searchwarrant legally procured Elements: a. That the offender is a public officer or employee; b. That he has legally procured a search warrant; c. That he exceeds his authority or uses unnecessary severity in executing the same.

ARTICLE 131 PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS

Acts Punished: 1. Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting; 2. Hindering any person from joining any lawful association or from attending any of its meetings; 3. 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. Common elements: 1. That the offender is a public officer; 2. That he performs any of the acts mentioned above

ARTICLE 142. INCITING TO SEDITION

Acts Punished: 1. Inciting others to commit sedition by means of speeches, proclamations, writings, emblems cartoons, banners, or other representations tending to the same end; 2. Uttering seditious words or speeches which tend to disturb the public peace; 3. Writing, publishing, or circulating scurrilous libels against the Government or any of its duly constituted authorities. 4. Knowingly concealing such evil practices.

ARTICLE 166 FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER AND UTTERING THE SAME

Acts penalized: 1. Forging or falsification of treasury or bank notes or other documents payable to bearer; 2. Importation of the same 3. Uttering the same in connivance with forgers or importers; What may be forged or falsified under Article 166: 1. Treasury or bank notes; 2. Certificates; 3. Other obligations and securities, payable to bearer.

ARTICLE 187. IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER OR OTHER PRECIOUS METALS OR THEIR ALLOYS

Acts punishable: 1. Combination or conspiracy to prevent free competition in market. By entering into any contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market. 2. Monopoly to restrain free competition in market. By monopolizing any merchandise or object of trade or commerce, or by combining with any other person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market. 3. Making transactions prejudicial to lawful commerce or to increase the market price of merchandise. The person liable is the: a. Manufacturer, b. Producer, c. Processor, or d. Importer of any merchandise or object of commerce. The crime is committed by: (1) combining, (2) conspiring, or (3) agreeing with any person. The purpose is: (1) to make transactions prejudicial to lawful commerce, or (2) to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Philippines.

ARTICLE 185. MACHI-NATIONS IN PUBLIC AUCTIONS

Acts punishable: 1. Soliciting any gift or promise as a consideration for refraining from taking part in the public auction; a. That there be a public auction; b. That the accused solicited any gift or a promise from any of the bidders; c. That such gift or promise was the consideration for his refraining from taking part in that public auction. d. That the accused had the intent to cause the reduction of the price of the thing auctioned. 2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises or any artifice. a. That there be a public auction; b. That the accused attempted to cause the buyers to stay away from that public auction; c. That it was done by threats, gifts, promises or any other artifice. d. That the accused had the intent to cause the reduction of the price of the thing.

REPUBLIC ACT NO. 455 Law on Smuggling

Acts punishable: 1. That the merchandise must have been fraudulently or knowingly imported contrary to law; 2. That the defendant if he is not the importer himself, must have received, concealed, bought, sold or in any manner facilitated the transportation, concealment, or sale of the merchandise and that he must be shown to have knowledge that the merchandise had been illegally imported.

ARTICLE 164 MUTILATION OF COINSIMPORTATION AND UTTERANCE OF MUTILATED COINS

Acts punished 1. Mutilating coins of the legal currency, with the intent to damage or to defraud another; 2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering.

ARTICLE 208. PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE

Acts punished: 1. By maliciously refraining from instituting prosecution against violators of the law; 2. By maliciously tolerating the commission of a crime. Elements: 1. That the offender is a public officer who has a duty to cause the prosecution of, or to prosecute offenses; 2. That knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed he tolerates its commission; and 3. That the offender acts with malice and deliberate intent to favor the violator of the law.

ARTICLE 128 VIOLATION OF DOMICILE

Acts Punished 1. By entering any dwelling against the will of the owner thereof; 2. By searching papers or other effects found therein without the previous consent of such owner; 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same. Common elements: 1. That the offender is public officer or employee; 2. That he is not authorized by judicial order to enter the dwelling and/ or to make a search for papers and for other effects. Qualifying circumstances: 1. If committed at nighttime; 2. If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is made by the offender.

ARTICLE 170 FALSIFICATION OF LEGISLATIVE DOCUMENT

1. That there be a bill, resolution or ordinance enacted by or approved or pending approval by either House of the Legislative or any provincial board or municipal council; 2. The offender alters the same; 3. That he has no proper authority therefor; 4. That alteration changed the mean

ARTICLE 137 DISLOYALTY OF PUBLIC OFFICERS/ EMPLOYEES

Acts Punished 1. Failing to resist a rebellion by all means in their power; 2. Continuing to discharge the duties of their office under the control of the rebels; 3. Accepting appointment to office under the rebels.

ARTICLE 180. FALSE TESTIMONY AGAINST A DEFENDANT

1. That there be a criminal proceeding; 2. That the offender testifies falsely under oath against the defendant therein; 3. That the offender who gives false testimony knows that it is false; 4. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. False testimony - is committed by any person who, being under oath, and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it. Three forms of false testimony 1. False Testimony in Criminal Cases (Art. 180-181) 2. False Testimony in Civil Cases (Art. 182) 3. False Testimony in other cases (Art. 183)

ARTICLE 144.DISTURBANCE OF PROCEEDINGS

1. That there be a meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or any provincial board or city or municipal council or board; 2. That the offender does any of the following acts: a. He disturbs any of such meetings; b. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it.

ARTICLE 143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES

1. That there be a projected or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board; 2. That the offender, who may be any person, prevents such meeting by force or fraud.

ARTICLE 167. COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENT NOT PAYABLE TO BEARER

1. That there be an instrument payable to order or other document of credit NOT payable to bearer; 2. That the offender either forged, imported or uttered such instrument; 3. That in case of uttering he connived with the importer or forger.

ARTICLE 163 MAKING AND IMPORTING AND UTTERING FALSE COINS

1. That there be false or counterfeited coins; 2. That the offender either made, imported or uttered such coins; 3. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers.

ARTICLE 134. REBELLION/ INSURRECTION

1. That there be: a. Public uprising; and b. Taking up of arms against the government. 2. For the purpose of: a. Removing from the allegiance to said Government or its laws: i. The territory of the Philippines, or any part thereof; or ii. Any body of land, naval or other armed forces; or b. Depriving the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.

ARTICLE 156 DELIVERY OF PRISONERS FROM JAIL

1. That there is a person confined in a jail or penal establishment; 2. That the offender removes such person, or helps the escape of such person. Committed in two ways: 1. By removing a prisoner confined in jail or penal institution - to take away a person from confinement with or without the active participation of the person released 2. By helping said person to escape - furnish material means to facilitate escape

ART 121. FLIGHT TO ENEMY'S COUNTRY

1. That there is a war in which the Philippines is involved; 2. Offender owes allegiance to the Government; 3. Offender attempts to flee or go to the enemy country; 4. That going to the enemy country is prohibited by the competent authority.

ART. 119 VIOLATION OF NEUTRALITY

1. That there is a war in which the Philippines is not involved; 2. A regulation issued by a competent authority for the purpose of enforcing neutrality; 3. That the offender violates such regulation

ARTICLE 171 FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER

1. That the offender is a public officer, employee or notary public or ecclesiastical minister; 2. That he takes advantage of his official position when: a. He has the duty to make or prepare or otherwise to intervene in the preparation of the document; OR b. He has the official custody of the document which he falsifies 3. The offender falsifies a document. Different Modes of Falsifying a Document: A. Counterfeiting or imitating any handwriting, signature or rubric. 1. That there be an intent to imitate or an attempt to imitate; 2. The two signatures or handwriting, the genuine and the forged bear some resemblance to each other B. Causing it to appear that persons have participated in an act or proceeding when they did not in fact so participate. 1. That the offender caused it to appear in a document that a person or persons participated in an act or proceeding; 2. That such persons did not in fact so participate in the act or proceeding. C. Attributing to persons who have participated in any act or proceeding statements other than those in fact made by them. 1. That persons participated in an act or proceeding; 2. That such person or persons made statements in that act or proceeding; 3. That the offender in making a document, attributed to such person, statements other than those in fact made by such person. D. Making untruthful statements in a narration of facts. 1. That the offender makes in a document statements in a narration of facts; 2. That he has the legal obligation to disclose the truth of the facts narrated by him; 3. That the facts narrated by the offender are absolutely false; 4. That the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person. E. Altering true dates. F. Making alteration or intercalation

ARTICLE 179. ILLEGAL USE OF UNIFORM OR INSIGNIA

1. That the offender makes use of insignia, uniform or dress; 2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of person of which he is not a member; and 3. That said insignia, uniform or dress is used publicly and improperly.

ARTICLE 184. OFFERING FALSE TESTIMONY IN EVIDENCE

1. That the offender offered in evidence a false witness or testimony; 2. That he knew the witness or testimony was false; 3. That the offer was made in a judicial or official proceeding.

ART. 114 TREAS ON

1. That the offender owes allegiance to the Government of the Philippines; (a Filipino citizen or Resident alien) 2. There is a war in which the Philippines is involved 3. The offender either (modes of committing): a. Levies war against the government b. Adheres to the enemies, giving them aid or comfort.

ARTICLE 200 GRAVE SCANDAL

1. That the offender performs an act or acts. 2. That such act or acts be highly scandalous as offending against decency or good customs. 3. That the highly scandalous conduct is not expressly falling within any article of this Code. 4. That the act or acts complained of be committed in a public place or within the public knowledge or view.

ART. 118 INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

1. That the offender performs unlawful or unauthorized acts; 2. That such acts provoke or give occasion for: a. A war involving or liable to involve the Philippines; or b. Expose Filipino citizens to reprisals on their persons and property.

ARTICLE 159 OTHER CASES OF EVASION OF SENTENCE (CONDITIONAL PARDON)

1. That the offender was a convict; 2. That he was granted a conditional pardon by the Chief Executive; 3. That he violated any of the conditions of such pardon. FORMS OF EVASION OF SERVICE OF SENTENCE 1. By simply leaving or escaping from the penal establishment under Art. 157 2. Failure to return within 48 hours after having left the penal establishment because of a calamity, conflagration or mutiny and such calamity, conflagration or mutiny has been announced as already passed under Art. 158. 3. Violating the condition of conditional pardon under Article 159.

OF ANOTHER CRIME DURING THE SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (QUASI-RECIDIVISM)

1. That the offender was already convicted by final judgment; 2. That he committed a new felony before beginning to serve such sentence or while serving the same. Who can be pardoned A quasi-recidivist can be pardoned: 1. At the age of 70, if he shall have already served out his original sentence (and not a habitual criminal); or 2. When he shall have completed it after reaching the said age, unless by reason of his conduct or other circumstances, he shall not be worthy of such clemency.

ARTICLE 139. SEDITION

1. That the offenders rise: a. Publicly; and b. Tumultuously; 2. That they employ force, intimidation, or other means outside of legal methods; 3. That the offenders employ any of those means to attain any of the following objects: a. To prevent the promulgation or execution of any law or the holding of any popular election; b. To prevent the government or any public officer from freely exercising its or his functions, or 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 or the government of all its property or any part thereof.

ARTICLE 162 USE OF FORGED SIGNATURE, COUNTERFEIT SEAL OR STAMP

1. That the seal of the Republic was counterfeited, or the signature or stamp of the Chief Executive was forged by another person; 2. That the offender knew of the counterfeiting or forgery; 3. That he used the counterfeit seal or forged signature or stamp.

ARTICLE 182. FALSE TESTIMONY IN CIVIL CASES

1. That the testimony must be given in a civil case; 2. That the testimony must relate to the issues presented in said case; 3. That the testimony must be false; 4. That the false testimony must be given by the defendant knowing it to be false; 5. That the testimony must be malicious and given with an intent to affect the issues presented in said case.

ARTICLE 168. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT

1. That the treasury or bank note or certificate or other obligation and securities payable to bearer or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another; 2. The offender knows that any of these instruments is forged or falsified; 3. That he performs any of these acts: a. Using any of such forged or falsified instruments; or b. Possession with intent to use, any of the forged or falsified documents.

ARTICLE 148 DIRECT ASSAULT

Two ways to commit: 1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of sedition & rebellion Elements: a. That the offender employs force or intimidation; b. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition; c. That there is no public uprising. 2. Without public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any PA or APA, while engaged in the performance of official duties, or on the occasion of such performance Elements: a. That the offender: i. Makes an attack (equivalent to aggression), ii. Employs force iii. Makes a serious intimidation (unlawful coercion, duress, putting someone in fear, exertion of an influence in the mind which must be both immediate and serious), or iv. Makes a serious resistance (if not serious, crime committed may be that under resistance and disobedience); b. That the person assaulted is a person in authority or his agent; c. That at the time of the assault the person in authority or his agent: i. Is engaged in the actual performance of official duties, or ii. That he is assaulted by reason of the past performance of his official duties; d. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties; e. That there is no public uprising

ARTICLE 181. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT

· The false testimony in favor of the defendant need not directly influence the decision of the acquittal and it need not benefit the defendant. · Conviction or acquittal of defendant in principal case is not necessary. A defendant who falsely testifies in his own behalf in a criminal case can only be guilty of Art. 181 when he voluntarily goes upon the witness stand and falsely imputes to some other person the commission of a grave offense. If he merely denies the commission of the crime or his participation therein, he should not be prosecuted for false testimony. · Testimony must be complete.