Elements RPC Book 2
Elements RPC Book 2
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
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
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.