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Elements RPC Book 2

This document outlines various crimes against national security and the fundamental laws of the state under Philippine law. It defines the elements of crimes such as treason, espionage, correspondence with an enemy country during wartime, piracy, arbitrary detention, violation of domicile, and prohibition of peaceful meetings. The document provides the specific actions that constitute each crime and the parties that must be involved, such as the offender being a public officer and the victim owing allegiance to the government.

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0% found this document useful (0 votes)
433 views12 pages

Elements RPC Book 2

This document outlines various crimes against national security and the fundamental laws of the state under Philippine law. It defines the elements of crimes such as treason, espionage, correspondence with an enemy country during wartime, piracy, arbitrary detention, violation of domicile, and prohibition of peaceful meetings. The document provides the specific actions that constitute each crime and the parties that must be involved, such as the offender being a public officer and the victim owing allegiance to the government.

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SJ Star
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TITLE 1: CRIMES AGAINST NATIONAL SECURITY 1.

That there is a was a war in which the


Philippines is not involved;
SECTION ONE: TREASON AND ESPIONAGE
2. That there is a regulation issued by
ART. 114. TREASON competent authority for the purpose of
enforcing neutrality;
1. That the offender is a Filipino citizen or an 3. That the offender violates such regulation.
alien residing in the Philippines;
2. That there is a war in which the Philippines is ART. 120. CORRESPONDENCE WITH HOSTILE
involved; COUNTRY
3. That the offender either –
1. That it is in time of war in which the
a. levies war against the government
Philippines is involved;
b. adheres to the enemies, giving them aid or
2. That the offender makes correspondence
comfort.
with an enemy country or the territory
ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT occupied by enemy troops;
TREASON 3. That the correspondence either –
a. Prohibited by the Government, or
ART.116. ESPIONAGE b. Carried on in ciphers or conventional
signs, or
(A.)
c. Containing notice or information which
1. That the offender enters any of the places might be useful to the enemy
mentioned therein; (warship, fort, or naval
ART. 121. FLIGHT TO ENEMY’S COUNTRY
or military establishment or reservation
2. That he has no authority therefor; 1. That there is a war in which the Philippines is
3. That his purpose is to obtain information, involved;
plans or photographs or other data of 2. That the offender must be owing allegiance
confidential nature relative to the defense of to the Government;
the Philippines. 3. That the offender attempts to flee or go to
the enemy country;
(B)
4. That going to the enemy country is
1. That the offender is a public officer; prohibited by competent authority.
2. That he has in his possession the articles,
ART. 122. PIRACY
data or information referred to in paragraph
No. 1 of Article 117, by reason of the public 1. That the vessel is on the high seas or in the
office he holds; Philippine waters;
3. That he discloses their contents to a 2. That the offenders are not members of its
representative of a foreign nation. compliment or passengers of the vessel;
3. That the offenders
ART. 118. INCITING TO WAR OR GIVING MOTIVES
a. Attack or seize that vessel, or
FOR REPRISALS
b. Seize the whole or part of the cargo of
1. That the offender performs unlawful or said vessel, its equipment or personal
unauthorized acts; belongings of its compliments or
2. That such acts provoke or give occasion for a passengers.
war involving or liable to involve the
ART. 123. QUALIFIED PIRACY
Philippines or expose Filipino citizens on
their persons or property. TITLE 2: CRIMES AGAINST THE FUNDAMENTAL LAWS
OF THE STATE
ART. 119. VIOLATION OF NEUTRALITY
SECTION 1: ARBITRARY DETENTION AND EXPULSION
ART. 124. ARBITRARY DETENTION 3. That the offender is not authorized to do so
by law.
1. That the offender is a public officer of
employee. ART. 128 VIOLATION OF DOMICILE
2. That he detains a person.
1. That the offender is a public officer of
3. That the detention is without legal grounds.
employee;
ART. 125. DELAY IN THE DELIVERY OF DETAINED 2. That he is not authorized by judicial order to
PERSONS TO THE PROPER JUDICIAL AUTHORITIES enter the dwelling and/or to make a search
therein for papers or other effects.
1. That the offender is a public officer of
2. employee; ART 129. SEARCH WARRANT MALICIOUSLY
3. That he has detained a person for some legal OBTAINED, AND ABUSE IN THE SERVICE OF THOSE
ground; LEGALLY OBTAINED
4. That he fails to deliver such person to the
1. That the offender is a public officer of
proper judicial authorities within:
employee;
a. Twelve hours, for crimes or offenses
2. That he procures a search warrant;
punishable by light penalties, or their
3. That there is no jus cause.
equivalent; or
b. Eighteen hours, for crimes or offenses ART. 130. SEARCHING WITHOUT WITNESSES
punishable by correctional penalties, or
their equivalent; or 1. That the offender is a public officer of
c. Thirty-six hours, for crimes or offenses employee;
punishable by light penalties, or their 2. That he is armed with search warrant legally
equivalent. procured;
3. Or that he searched the domicile papers or
ART. 126. DELAYING RELEASE. other belongings of any person.
4. That the owner, or any member of his family,
1. That the offender is a public officer of
or two witnesses residing in the same locality
employee;
are not present.
2. That there is a judicial or executive order for
the release of a prisoner or detention ART. 131. PROHIBITION, INTERRUPTION, AND
prisoner, or that there is a proceeding upon DISSOLUTION OF PEACEFUL MEETINGS
a petition for the liberation such person;
3. That the offender without good reason ACTS PUNISHABLE:
delays:
a. By prohibiting or by interrupting, without
a. The service of the notice of such order
legal ground, the holding of a peaceful
to the prisoner; or
meeting, or by dissolving the same.
b. The performance of such judicial or
b. By hindering any person from joining any
executive order for the release of the
lawful association or from attending any of
prisoner; or
its meetings.
c. The proceedings upon a petition for the
c. By prohibiting or hindering any person from
release of such person.
addressing, either alone or together with
ART. 127 EXPULSION others, any petition to the authorities for the
correction of abuses or redress of
1. That the offender is a public officer of grievances.
employee; 1. That the offender is a public officer of
2. That he expels any person from the employee;
Philippines, or compels a person to change 2. That he performs any of the acts mentioned
his residence. above.
ART. 132. INTERRUPTION OF RELIGIOUS WORSHIP the exercise and continued possession of
power;
1. That the offender is a public officer of
4. That the purpose of the attack is to seize or
employee;
diminish state power.
2. That religious ceremonies or manifestations
of any religion are about to take place or are ART. 135. PENALTY FOR REBELLION
going on.
3. That the offender prevents or disturbs the ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT
same. COUP D’ÉTAT, REBELLION OR INSURRECTION

ART. 133. OFFENDING RELIGIOUS FEELINGS ART. 137 DISLOYALTY OF PUBLIC OFFICERS OR
EMPLOYEES.
1. That the acts complained or were performed
a. In a place devoted to religious worship, ACTS PUNISHABLE
b. During the celebration of any religious 1. By failing to resist rebellion by all means in
ceremony. their power; or
2. That the acts must be notoriously offensive 2. By continuing to discharge the duties of their
to the feelings of the faithful. offices under the control of the rebels; or
TITLE 3: CRIMES AGAINST PUBLIC ORDER 3. By accepting appointment to the office
under them.
ART. 134. REBELLION OR INSURRECTION
ART. 138 INCITING TO REBELLION OR INSURRECTION
1. That there be
a. Public uprising, and 1. That the offender does not take arms or is not in
open hostility against the Government;
b. Taking arms against the Government.
2. That he incite others to the execution of any of
2. That the purpose of the uprising or
the acts of rebellion;
movement is either – 3. That the inciting is done by means of speeches,
a. To remove from the allegiance to said proclamations, writings, emblems, banners or
government or its laws: other representation tending to the same end.
(1) The territory of the Philippines or
any part thereof; or ART. 139. SEDITION
(2) Any body of land, naval or other 1. That the offenders rise (1) publicly, and (2)
armed forces; or tumultuously;
b. To deprive the Chief Executive or 2. That they employ force, intimidation, or other
Congress, wholly or partially, of any of means outside of legal methods;
their powers or prerogatives. 3. That the offenders employ any of those means to
attain any of the following objects:
ART. 134-A COUP D’ÉTAT a. To prevent the promulgation or execution of
any law or the holding of any popular
1. That the offender is a person or persons
election;
belonging to the military or police holding b. To prevent the National Government, r any
any public office or employment; provincial or municipal government, or any
2. That it is committed by means of a swift public officer thereof from freely exercising
attack accompanied by violence, its or his functions, ore prevent the execution
intimidation, threat, strategy or stealth; of any administrative order;
3. That the attack is directed against duly c. To inflict any act of hate or revenge upon the
constituted authorities of the Republic of the person or property of public officer or
employee;
Philippines, or any military camp or
d. To commit, for any political or social end, any
installation, communication networks,
act of hate or revenge against private
public utilities or other facilities needed for persons or any social class; and
e. To despoil, for any political or social end, any SECTION 2: VIOLATION OF PARLIAMENTARY
person, municipality or province, or the IMMUNITY
National Government of all its property or
any part thereof. ART. 145. VIOLATION OF PARLIAMENTARY
IMMUNITY
ART. 140 .PENALTY FOR SEDITION
(A)
ART. 141. CONSPIRACY TO COMMIT SEDITION 1. That the offender uses force ,intimidation, threats
or fraud;
ART. 142. INCITING TO SEDITION
2. That the purpose of the offender is to prevent any
1. That the offender does not take direct part in the member of the National Assembly from –
crime of sedition. a. Attending the meetings of the Assembly of
2. That he incites others to the accomplishment of any of its committees or constitutional
any acts which constitute sedition. commissions, etc.; or
3. That the inciting is done by means of speeches, b. Expressing his opinions; or
proclamations, writings, emblems, cartoons, c. Casting his vote.
banners, or other representations tending to the Note: the offender is ANY PERSON.
same end. (B)
1. That the offender is public officer or employee;
CHAPTER 2: CRIMES AGAINST POPULAR REPRESENTATION 2. That he arrests or searches any member of the
National Assembly;
SECTION 1: CRIMES AGAINST LEGISLATIVE BODIES 3. That the Assembly at the time of the arrest or
AND SIMILAR BODIES search, is in regular or special session;
4. That the member arrested or searched has not
ART. 143. ACTS TENDING TO PREVENT THE MEETING OF committed a crime punishable under the Code by
THE ASSEMBLY AND SIMILAR BODIES a penalty higher than prision mayor.
1. That there be a project or actual meeting of the CHAPTER 3: ILLEGAL ASSEMBLIES AND ASSOCIATIONS
National Assembly or any of its committees or
subcommittees, constitutional committees or ART. 146. ILLEGAL ASSEMBLIES
division thereof, or of any provincial board or city
or municipal council or board. WHAT:
2. That the offender who may be any person
1. Any meeting attended by armed persons for the
prevents such meeting by force or fraud.
purpose of committing any of the crimes
ART. 144. DISTURBANCE OF PROCEEDINGS punishable under the Code.
a. That there is a meeting, a gathering or group
1. That there be a meeting of the National Assembly of persons, whether in a fixed place or
or any of its committees or subcommittees, moving;
constitutional commissions or committees or b. That the meeting is attended by armed
divisions thereof, or of any provincial board or city persons;
or municipal council or board. c. That the purpose of the meeting is to commit
2. That the offender does any of the following acts: any of the crimes punishable under the
a. He disturbs any of such meetings. Code.
b. He behaves while in the presence of any such 2. Any meeting in which the audience, whether
bodies in such a manner as to interrupt its armed or not, is incited to the commission of the
proceedings or to impair the respect due it. crime of treason, rebellion or insurrection,
sedition, or assault upon a person in authority or
his agents.
a. That there is a meeting, a gathering or group
of persons, in a fixed place or moving;
b. That the audience, whether armed or not, is
incited to the commission of the crime of
treason, rebellion or insurrection, sedition or
direct Assault.
ART. 147. ILLEGAL ASSOCIATION subcommittees, the Constitutional
commissions and its committees,
WHAT:
subcommittees or divisions, or by any
1. Associations totally or partially organized for the commission or committee chairman or
purpose of committing any of the crimes member authorized to summon witnesses.
punishable under the Code; 2. By refusing to be sworn or placed under
2. Associations totally or partially organized for affirmation while being before such
some purpose contrary to public morals. legislative or constitutional body or official.
3. By refusing to answer legal inquiry or
CHAPTER 4: ASSAULT UPON, AND RESISTANCE AND
DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR produce any books, papers, documents, or
AGENTS record in his possession, when required by
them to do so in the exercise of their
ART. 148. DIRECT ASSAULTS functions.
4. By restraining another from attending as a
1. That the offender employs force or
witness in such legislative and constitutional
intimidation;
body.
2. That the aim of the offender is to attain of
5. By inducing disobedience to a summons or
the purposes of the crime of rebellion or any
refusal to be sworn by any such body or
of the objects in the crime of sedition;
official.
3. That there is no public uprising.
Note: THE NATIONAL ASSEMBLY IS NOW THE
QUALIFIED WHEN: CONGRESS OF THE PHILIPPINES, CONSISTING
OF THE SENATE AND HOUSE OF
1. When the assault is committed with a
REPRESENTATIVES.
weapon; or
2. When the offender is a public officer or ART. 151. RESISTANCE AND DISOBEDIENCE TO
employee; or PERSON IN AUTHORITY OR THE AGENTS OF SUCH
3. When the offender lays hands upon a person PERSON.
in authority.
1. That a person in authority or his agent is
ART. 149. INDIRECT ASSAULTS engaged in the performance of official duty
or gives a lawful order to the offender.
1. That a person in authority or his agent is the
2. That the offender resists or seriously
victim of any of the forms of direct assault
disobeys such person in authority or his
defined in Article 148.
agent.
2. That a person comes to the aid of such
3. That the act of the offender is not included
authority or his agent.
in the provisions of Articles 148, 149, and
3. That the offender makes use of force or
150.
intimidation upon such person coming to the
aid of the authority or his agent. ART. PERSONS IN AUTHORITY AND AGENTS OF
PERSONS IN AUTHORITY.
ART. 150. DISOBEDIENCE TO SUMMONS ISSUED BY
THE NATIONAL ASSEMBLY, ITS COMMITTEES OR 1. The municipal mayor.
SUBCOMMITTEES, BY THE CONSTITUTIONAL 2. Division superintendent of schools.
COMMISSION, ITS COMMITTEES, SUBCOMMITTEES 3. Public and private school teachers.
OR DIVISIONS. 4. Teacher-nurse.
5. President of sanitary division.
ACTS PUNISHABLE:
6. Provincial fiscal.
1. By refusing, without legal excuse, to obey 7. Justice of peace.
summons of the National Assembly, it’s 8. Municipal councilor.
special or standing committees and 9. Barrio captain and barangay Chairman.
CHAPTER 5: PUBLIC DISORDERS ART. 155. ALARMS AND SCANDALS

ART. 153. TUMULTS AND OTHER DISTURBANCES OF ACTS PUNISHED:


– TUMULTUOUS DISTURBANCE OR INTERRUPTION
1. Discharging any firearm, rocket, firecracker,
LIABLE TO CAUSE DISTURBANCE
or other explosive within any town or public
WHAT: place, calculated to cause (which produces)
alarm or danger.
1. Causing any serious disturbance in a public
2. Instigating or taking an active part in any
place, office or establishment;
charivari or other disorderly meeting
2. Interrupting or disturbing performances,
offensive to another or prejudicial to public
functions or gatherings, or peaceful
tranquility.
meetings, if the act is not included in Articles
3. Disturbing the public peace while wandering
131 and 132;
about at night or while engaged in any other
3. Making any outcry tending to incite rebellion
nocturnal amusements.
or sedition in any meeting, association or
4. Causing any disturbance or scandal in public
public place;
places while intoxicated or otherwise,
4. Displaying placards or emblems which
provided Article 153 is not applicable.
provoke a disturbance of public order in such
place; ART. 156. DELIVERING PRISONERS FROM JAIL
5. Burying with pomp the body of a person who
1. That there is a person confined in a jail ore
has been legally executed.
penal establishment,
ART. 154. UNLAWFUL USE OF MEANS OF 2. That the offender removes therefrom such
PUBLICATION AND UNLAWFUL UTTERANCES person, or helps the escape of such person.

ACTS PUNISHED: CHAPTER 6: EVASION OF SERVICE OF SENTENCE

1. By publishing or causing to be published, by ART. 157. EVASION OF SERVICE OF SENTENCE


means of printing, lithography or any other
1. That the offender is a convict by final
means of publication, as news any false news
judgment.
which may endanger the public order, or
2. That he is serving his sentence which
cause damage to the interest or credit of the
consists in deprivation of liberty.
State.
3. That he evades the service of his sentence by
2. By encouraging disobedience to the law or to
escaping during the term of his sentence.
the constituted authorities or by praising,
justifying or extolling any act punished by CIRCUMSTANCES QUALIFYING THE OFFENSE:
law, by the same means or by words,
utterances or speeches. 1. By means of unlawful entry ( this should be
3. By maliciously publishing or causing to be “by scaling”);
published any official resolution or 2. By breaking doors, windows, gates, walls,
document without proper authority, or roofs or floors;
before they have been published officially. 3. By using picklocks, false keys, disguise,
4. By printing, publishing or distributing (or deceit, violence or intimidation; or
causing the same) books, pamphlets, 4. Through connivance with other convicts or
periodicals, or leaflets which do not bear the employees of the penal institution.
real printer’s name, or which are classified as
ART. 158. EVASION OF SERVICE O SENTENCE ON THE
anonymous.
OCCASION OF DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES.
1. That the offender is a convict by final ART. 162. USING FORGED SIGNATURE OR
judgment, who is confined in a penal COUNTERFEIT SEAL OR STAMP
institution.
1. That the Great Seal of the Republic was
2. That there is disorder, resulting from –
counterfeited or signature or stamp of the
a. Conflagration,
Chief Executive was forged by another
b. Earthquake,
person.
c. Explosion,
2. That the offender knew of the counterfeiting
d. Similar catastrophe, or
or forgery.
e. Mutiny in which he has not participated.
3. That he used the counterfeit seal or forged
ART. 159. OTHER CASES OF EVASION SERVICE signature or tamp.
SENTENCE.
SECTION 2: COUNTERFEITING COINS
1. That the offender was a convict;
ART. 163. MAKING AND IMPORTING AND UTTERING
2. That he was granted a conditional pardon by
FALSE COINS
the Chief Executive;
3. That he violated any of the conditions of 1. That there be false or counterfeited coins.
such pardon. 2. That the offender ether made, imported or
uttered such coins.
CHAPTER 7: COMMISSION OF ANOTHER CRIME
3. That in case of uttering such false or
DURING SERVICE OF PENALTY IMPOSED FOR
counterfeited coins, he connived with the
ANOTHER PREVIOUS OFFENSE
counterfeiters or importers.
ART. 160. COMMISSION OF ANOTHER CRIME
ART. 163. MUTILATION OF COINS
DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE ACTS PUNISHED:
1. That the offender was already convicted by 1. Mutilating coins of the legal currency, with
final judgment of one offense. the further requirement that there be intent
2. That he committed a new felony before to damage or to defraud another.
beginning to serve such sentence or while 2. Importing or uttering such mutilated coins,
serving the same. with the further requirement that there
must be connivance with the mutilator or
TITLE 4: CRIMES AGAINST PUBLIC INTEREST
importer in case of uttering.
CHAPTER 1: FORGERIES
ART. 165. SELLING OF FALSE OR MUTILATED COIN,
SECTION 1: FORGING THE SEAL OF THE WITHOUT THE CONNIVANCE
GOVERNMENT OF THE PHILIPPINES ISLANDS, THE
ACTS PUNISHED:
SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE
1. Possession of coin, counterfeited or
ART. 161. COUNTERFEITING THE GREAT SEAL OF THE
mutilated by another person, with intent to
GOVERNMENT OF THE PHILIPPINES ISLANDS,
utter the same, knowing that it is false or
FORGING THE SIGNATURE OR STAMP OF THE CHIEF
mutilated.
EXECUTIVE.
a. Possession
ACTS PUNISHED: b. With intent to utter, and
c. Knowledge.
1. Forging the Great Seal of the Government of
2. Actually uttering such false or mutilated
the Philippines.
coin, knowing the same to be false or
2. Forging the signature of the President.
mutilated.
3. Forging the stamp of the President.
a. Actually uttering, and
b. Knowledge.
ART. 166. FORGING TREASURY BANK NOTES OR 1. That there be a bill, resolution or ordinance
OTHER DOCUMENTS PAYABLE TO BEARER; enacted or approved or pending approval by
IMPORTING, AND UTTERING SUCH FALSE OR either House of Legislature or any provincial
FORGED NOTES AND DOCUMENTS. board or municipal council.
2. That the offender alters the same.
ACTS PUNISHED:
3. That he has no proper authority therefor.
1. Forging or falsification of treasury or bank 4. That the alteration has changed the meaning
notes or other documents payable to bearer. of the document.
2. Importation of such false or forged
ART. 171. FALSIFICATION BY PUBLIC OFFICER,
obligations or notes.
EMPLOYEE, OR NOTARY OR ECCLESIASTICAL
3. Uttering of such false or forged obligations
MINISTER
or notes in connivance with the forgers or
importers. 1. That the offender is a public officer,
employee, or notary public.
ART. 167. COUNTERFEITING, IMPORTING, AND
2. That he takes advantage of his official
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER
position.
1. That there be an instrument payable to order 3. That he falsifies a document by committing
or other document of credit not payable to any of the following acts:
bearer. a. Counterfeiting or imitating any
2. That the offender either forged, imported or handwriting, signature or rubric.
uttered such instrument. b. Causing it to appear that persons have
3. That in case of uttering, he connived with the participated in any act or proceeding
forger or importer. when they did not in fact so participate.
c. Attributing to persons who have
ART. 168. ILLEGAL POSSESSION AND USE OF FALSE participated in an act or proceeding
TREASURY OR BANK NOTES AND OTHER statements other than those in fact
INSTRUMENTS OF CREDIT. made by them.
d. Making untruthful statements in a
1. That any treasury or bank note or certificate
narration of facts.
or other obligation and security payable to
e. Altering true dates.
bearer, or any instrument payable to order
f. Making any alteration or intercalation in
or other document of credit not payable to
a genuine document which changes its
bearer is forged or falsified by another
meaning.
person.
g. Issuing in authenticated form a
2. That the offender knows that any of those
document purporting to be a copy of an
instruments is forged or falsified.
original document when no such
3. That he performs any of these acts –
original exists, or including in such copy
a. Using any of such forged or falsified
a statement contrary to, or different
instruments; or
from, that of the genuine original.
b. Possessing with intent to use any of such
h. Intercalating any instrument or note
forged or falsified instruments.
relative to the issuance thereof in a
ART. 169. HOW FORGERY IS COMMITTED protocol, registry or official book.
4. In case the offender is an ecclesiastical
SECTION 4: FALSIFICATION OF LEGISLATIVE, PUBLIC, minister, the act of falsification is committed
COMMERCIAL, AND PRIVATE DOCUMENTS, AND with respect to any record or document of
WIRELESS, TELEGRAPH, AND TELEPHONE MESSAGES such character that its falsification may
ART. 170. FALSIFICATION OF LEGISLATIVE affect the civil status of persons.
DOCUMENTS
ART. 172. FALSIFICATION BY PRIVATE INDIVIDUALS PARAGRAPH 1.
AND USE OF FALSIFIED DOCUMENTS.
1. That the offender is an officer or employee of
PARAGRAPH 1. the Government or an officer or employee of
a private corporation, engaged in the service
1. That the offender is a private individual or a
of sending or receiving wireless, cable or
public officer of employee who did not take
telephone message.
advantage of is official position.
2. That the offender commits any of the
2. That he committed any of the acts of
following acts:
falsification enumerated in Article 171.
a. Uttering fictitious wireless, cable,
3. That the falsification was committed in a
telegraph or telephone message; or
public or official or commercial document.
b. Falsifying wireless, cable, telegraph, or
PARAGRAPH 2. telephone message.

1. That the offender committed any of these PARAGRAPH 2.


acts of falsification, except those in
1. That the accused knew that wireless, cable,
paragraph 7, enumerated in Article 171.
telegraph, or telephone message was
2. That the falsification was committed in any
falsified by any of the persons specified in
private document.
the first paragraph of Article 173.
3. That the falsification caused damage to a
2. That the accused used such falsified
third party or at least the falsification was
dispatch.
committed with intent to cause such
3. That the use of the falsified dispatch resulted
damage.
in the prejudice of a third party, or that the
LAST use thereof was with intent to cause such
prejudice.
INTRODUCING IN JUDICIAL PROCEEDING –
SECTION 5: FALSIFICATION OF MEDICAL
1. That the offender knew that a document was CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE,
falsified by another person. AND THE LIKE
2. That the false document is embraced in
Article 171 or in any subdivisions No. 1 or 2 ART. 174. FALSE MEDICAL CERTIFICATES, FALSE
of Article 172. CERTIFICATES OF MERIT OR SERVICE, ETC.
3. That he introduced said document in
PERSONS LIABLE:
evidence in any judicial proceeding.
1. Physician or surgeon who, in connection
USE IN ANY OTHER TRANSACTION –
with the practice of his profession, issued a
1. That the offender knew that a document was false certificate.
falsified by another person. 2. Public officer who issued a false certificate of
2. That the false document is embraced in merit or service, good conduct or similar
Article 171 or in any of subdivisions No. 1 or circumstances.
2 of Article 172. 3. Private individual who falsifies a certificate
3. That he used such document (not judicial falling in the classes mentioned in Nos. 1 and
proceedings).
ART. 175. USING FALSE CERTIFICATES
4. That the use of the false document caused
damage to another or at least it was used 1. That a physician or surgeon had issued a
with intent to cause such damage. false medical certificate, or a public officer
had issued a false certificate of merit or
ART. 173. FALSIFICATION OF WIRELESS, CABLE,
service, good conduct, or similar
TELEGRAPH, AND TELEPHONE MESSAGES, AND USE
OF SAID FALSIFIED DOCUMENTS
circumstances, or a private person had Note that in usurpation of official functions,
falsified any of said certificates. it is essential that the offender should have
2. That the offender knew that the certificate performed an act pertaining to a person in
was false. authority or public officer, in addition to
3. That he used the same. other requirements.

SECTION 6: MANUFACTURING, IMPORTING, AND ART. 178. USING FICTITIOUS NAME AND
POSSESSION OF INSTRUMENTS OR IMPLEMENTS CONCEALING TRUE NAME.
INTENDED FOR THE COMMISSION OF FALSIFICATION

ART. 176. MANUFACTURING AND POSSESSION OF USING FICTITIOUS NAME:


INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION 1. That the offender uses a name other
than his real name.
ACTS PUNISHED:
2. That he uses that fictitious name
1. Making or introducing into the Philippines publicly.
any stamps, dies, marks or other instruments 3. That the purpose of the offender is –
or implements for counterfeiting or a. To conceal a crime;
falsification. b. To evade the execution of a
2. Possessing with intent to use the judgment; or
instruments or implements for c. To cause damage to public interest.
counterfeiting or falsification.
CONCEALING TRUE NAME:
CHAPTER 2: OTHER FALSITIES
1. That the offender conceals –
SECTION 1: USURPATION OF AUTHORITY, RANK, a. His true name; and
TITLE, AND IMPROPER USE OF NAMES, UNIFORMS b. All other personal circumstances
AND INSIGNIA 2. That the purpose is only to conceal his
identity.
ART. 177. USURPATION OF AUTHORITY OF OFFICIAL
FUNCTIONS ART. 179. ILLEGAL USE OF UNIFORM OR INSIGNIA

2 WAYS OF COMMITTING THE CRIME: 1. That the offender makes use of insignia,
uniform or dress.
1. By knowing and falsely representing oneself 2. That the insignia, uniform or dress pertains
to be an officer, agent or representative of to an office not held by the offender or to a
any department or agency of the Philippine class of persons of which he is not a member.
Government or any foreign government. 3. That said insignia, uniform or dress is used
publicly and improperly.
Note that in usurpation of authority, the
mere act of knowingly and falsely SECTION 2: FALSE TESTIMONY
representing oneself to be an officer, etc. is
ART. 180. FALSE TESTIMONY AGAINST A DEFENDANT
sufficient. It is not necessary that he
performs an act pertaining to a public officer. 1. That there be a criminal proceeding;
2. That the offender testifies under oath
2. By performing any act pertaining to any against the defendant therein;
person in authority or public officer of the 3. That the offender who gives false testimony
Philippine Government or a foreign knows that it is false.
government or any agency thereof, under 4. That the defendant against whom the false
pretense of official position, and without testimony is given either acquitted or
being lawfully entitled to do so. convicted in a final judgment.
ART. 181. FALSE TESTIMONY FAVORABLE TO THE 3. That such gift or promise was the
DEFENDANT consideration for his refraining from taking
part in the public auction.
ART. 182. FALSE TESTIMONY IN CIVIL CASE
4. That the accused had the intent to cause the
1. That the testimony must be given in a civil reduction of the price of the thing auctioned.
case.
ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:
2. That the testimony must relate to the issues
presented in said case. 1. That there be a public auction.
3. That the testimony must be false. 2. That the accused attempted to cause the
4. That the false testimony must be given by bidders to stay away from that public
the defendant knowing the same to be false. auction.
5. That the testimony must be malicious and 3. That it was done by threats, gifts, promises
given with an intent to affect the issues or any other artifice.
presented in said case. 4. That the accused had the intent to cause the
reduction of the price of the thing auctioned.
ART. 183. FALSE TESTIMONY IN OTHER CASES AND
PERJURY IN SOLEMN AFFIRMATION ART. 186. MONOPOLIES AND COMBINATION IN
RESTRAINT OF TRADE
1. That the accused made a statement under
oath or executed an affidavit upon a NOTE: REPEALED BY R.A NO. 10667.
material matter;
SECTION 2: FRAUDS IN COMMERCE AND
2. That the statement or affidavit was made
INDUSTRY
before a competent officer, authorized to
receive and administer oath; ART. 187. IMPORTATION AND DISPOSITION OF
3. That in that statement or affidavit, the FALSELY MARKED ARTICLES OR MERCHANDISE
accused made a willful and deliberate MADE OF GOLD, SILVER, OR OTHER PRECIOUS
assertion of falsehood; and METALS OR THEIR ALLOYS.
4. That the sworn statement or affidavit
containing the falsity is required by law. 1. That the offender imports, sells or disposes
of any of those articles or merchandise.
ART. 184. OFFERING FALSE TESTIMONY IN EVIDENCE 2. That the stamps, bands, or, marks of those
articles of merchandise fail to indicate the
1. That the offender offered in evidence a false
actual fineness or quality of said metals or
witness or false testimony;
alloys.
2. That he knew the witness or the testimony
3. That the offender knows that the stamps,
was false;
brands, or marks fail to indicate the actual
3. That the offer was made in a judicial or
fineness or quality of the metals or alloys.
official proceeding.
ART. 188. SUBSTITUTING AND ALTERING
CHAPTER 3: FRAUDS
TRADEMARKS, TRADE-NAMES, OR SERVICE MARKS
SECTION ONE: MACHINATIONS, MONOPOLIES, AND
1. By (1) substituting the tradename or
COMBINATIONS
trademark of some other manufacturer or
ART. 185. MACHINATIONS IN PUBLIC AUCTIONS dealer, or a colorable imitation thereof, for
the trade name of trademark of the real
SOLICITING GIFT OR PROMISE:
manufacturer or dealer upon any article of
1. That there be a public auction. commerce, and (2) selling the same.
2. That the accused solicited any gift or a 2. By selling or by offering for sale such articles
promise from any of the bidders. of commence, knowing that the tradename
or trademark has been fraudulently used.
3. By using or substituting the service mark of
some other person, or a colorable imitation
of such mark, in the sale or advertising of his
services.
4. By printing, lithographing or reproducing
tradename, trademark, or service mark of
one person, or a colorable imitation thereof,
to enable another person to fraudulently use
the same, knowing the fraudulent purpose
for which is to be used.

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