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TITLE 1
CRIMES AGAINST NATIONAL SECURITY
Treason
Conspiracy and proposal to commit treason
Misprision of treason
Espionage

CRIMES AGAINST THE LAW OF NATIONS

Inciting to war or giving motives for reprisals
Violation of neutrality
Correspondence with hostile country
Flight to enemy’s country
Piracy in general and mutiny on the high seas or in Philippine waters

ART 114. Treason

ELEMENTS:
1. That the offender is a Filipino citizen or an alien residing in the Philippines
2. That there is a war in which the Philippines is involved
3. That the offender either:
a. Levies war against the Government, or
b. Adheres to the enemies, giving them aid or comfort

ART 115. Conspiracy and proposal to commit treason

o How is the crime of 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.
o How is proposal to commit treason committed?
- When in time of war, A person who 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.

ART 116. Misprision of treason

ELEMENTS:
1. That the offender:
a) Must be owing allegiance to the Government, and
b) Not a foreigner
2. That he has knowledge of any conspiracy to commit treason against the Government
3. That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of
the province or the mayor or fiscal of the city in which he resides

ART 117. Espionage

The penalty of prision correccional shall be inflicted upon any person who:
1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain
any information, plans, photographs, or other data of a confidential nature relative to the defense of the
Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in
the preceding paragraph, discloses their contents to a representative of a foreign nation.

The penalty next higher in degree shall be imposed if the offender be a public officer or employee.

ELEMENTS: (First method of committing espionage )

1. That the offender enters any of the places mentioned therein (warship, Fort, or Naval, or Military establishment
or Reservation)
2. That he has no authority therefor
3. That his purpose is to obtain information, plans, photographs, or other data of a confidential nature relative to
the defense of the Philippines

ELEMENTS: (Second method of committing espionage)

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1. That the offender is a public officer

2. That he has in his possession the articles, data or information referred to in par. 1 of Article 117, by reason of
the public office he holds
3. That he discloses their contents to a representative of a foreign nation

ART 118. Inciting to war or giving motives for reprisals

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

ART 119. Violation of neutrality

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

ART 120. Correspondence with hostile country

ELEMENTS:
1. That it is in the time of war in which the Philippines is involved
2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops
3. That the correspondence is either:
a) Prohibited by the government, or
b) Carried on in ciphers or conventional signs, or
c) Containing notice or information which might be useful to the enemy

ART 121. Flight to enemy’s country

ELEMENTS:
1. That there is a war in which the Philippines is involved
2. That the offender must be owing allegiance to the Government
3. That the offender attempts to flee or go to enemy country
4. That going to enemy country is prohibited by competent authority

ART 122. Piracy in general and mutiny on the high seas or in Philippine waters
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:
1. That a vessel is on the high seas or in 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 that vessel, or
b) Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its
complement or passengers

ART 123. Qualified Piracy

Circumstances qualify piracy or mutiny
1. When 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
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TITLE 2
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Arbitrary detention
Delay in the delivery of detained persons to the proper judicial authorities
Delaying release
Expulsion
Violation of domicile
Search warrants maliciously obtained and abuse in the service of those legally obtained
Searching domicile without witnesses
Prohibition, interruption, and dissolution of peaceful meetings
Interruption of religious worship
Offending the religious feelings
o The classes of arbitrary detention
1. Arbitrary detention by detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release

ART 124. Arbitrary detention

ELEMENTS:
1. That the offender is a public officer or employee
2. That he detains a person
3. That the detention is without legal grounds

ART 125. Delay in the delivery of detained persons to the proper judicial authorities
ELEMENTS:
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:
a) 12 hours – for crimes or offenses punishable by light penalties, or their equivalent
b) 18 hours – for crimes or offenses punishable by correctional penalties, or their equivalent
c) 36 hours – for crimes or offenses punishable by afflictive or capital penalties, or their equivalent

ART 126. Delaying release

PUNISHABLE ACTS
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 officer 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:
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
c) Proceedings upon a petition for the release of such person

ART. 127. Expulsion

PUNISHABLE ACTS
1. Expelling a person from the Philippines
2. 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
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ART 128. Violation of domicile

CRIMES KNOWN AS VIOLATION OF DOMICILE
1. Violation of domicile by entering a dwelling against the will of the owner thereof or making search without
previous consent of the owner
2. Search warrants maliciously obtained and abuse in the service of those legally obtained
3. Searching domicile without witnesses

PUNISHABLE ACTS:
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

ELEMENTS (COMMON TO 3 ACTS):

1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers
or other effects

ART 129. Search warrants maliciously obtained and abuse in the service of those legally obtained
PUNISHABLE ACTS:
1. By procuring a search warrant without just cause
2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured

ELEMENTS:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause

ART 130. Searching domicile without witnesses

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

ART 131. Prohibition, interruption, and dissolution of peaceful meetings

PUNISHABLE ACTS:
1. By prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting, or by dissolving the
same
2. By hindering any person from joining any lawful association or from attending any of its meetings
3. By prohibiting or hindering any person from addressing, either alone or together with others, any petition to the
authorities for the correction of abuses or redress of grievances

ELEMENTS (COMMON TO 3 ACTS):

1. That the offender is a public officer or employee
2. That he performs any of the acts mentioned

REQUISITES (1ST PARAGRAPH):

1. meeting must be peaceful
2. There is no legal ground for prohibiting, interrupting, or dissolving that meeting

ART 132. Interruption of religious worship

ELEMENTS:
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
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ART 133. Offending the religious feelings

ELEMENTS:
1. That the acts complained of were performed:
a) In a place devoted to 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

TITLE 3
CRIMES AGAINST PUBLIC ORDER

REBELLION, COUP D’ETAT, SEDITION, and DISLOYALTY

Rebellion or insurrection
Coup d’etat
Conspiracy and proposal to commit coup d’etat, rebellion or insurrection
Disloyalty of public officers or employees
Inciting to rebellion
Sedition
Conspiracy to commit sedition
Inciting to sedition

CRIMES AGAINST POPULAR REPRESENTATION

Acts tending to prevent the meeting of Congress and similar bodies
Disturbance of proceedings of Congress or similar bodies
Violation of parliamentary immunity

ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Illegal assemblies
Illegal associations

ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS
Direct assaults
Indirect assaults
Disobedience to summons issued by Congress, its committees, etc., by the constitutional commissions, its committees,
etc.
Resistance and disobedience to a person in authority or the agents of such person

PUBLIC DISORDER
Tumults and other disturbances of public order
Unlawful use of means of publication and unlawful utterances
Alarms and scandals
Delivery prisoners from jails

EVASION OF SERVICE OF SENTENCE

Evasion of service of sentence
Evasion on occasion of disorders
Violation of conditional pardon

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
Commission of another crime during service of penalty imposed for another previous offense

ART 134. Rebellion or insurrection

ELEMENTS:
1. That there be a:
1. Public uprising, and
2. Taking arms against the government
2. That the purpose of the uprising or movement is either –
a. To remove from the allegiance to said Government or its laws:
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i. The territory of the Philippines or any part thereof, or

ii. Any body of land, naval, or other armed forces
b. To deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives

ART 134-A. Coup d’etat

ELEMENTS:
1. That the offender is a person or persons belonging to the 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, 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

NOTE: It may be committed with or without civilian participation.

ART 135. Penalty for rebellion, insurrection, or coup d’etat.

LIABLE FOR COUP D’ETAT, REBELLION OR INSURRECTION
1. The leaders –
1. Any person who
i. Promotes
ii. Maintains, or
iii. Heads a rebellion or insurrection
2. Any person who
i. Leads
ii. Directs
iii. Commands others to undertake a coup d’etat
2. The participants –
1. Any person who
i. Participates, or
ii. Executes the commands of others in rebellion, or insurrection
2. Any person in the government service who
i. Participates, or
ii. Executes directions or commands of others in undertaking a coup d’etat
3. Any person not in the government service who
i. Participates
ii. Supports
iii. Finances
iv. Abets, or
v. Aids in undertaking in coup d’etat

NOTE: The public officer must take active part to be liable. Mere silence or omission is not punishable in rebellion.
However reproachful the silence of the defendant may be, it does not in itself constitute the crime of insurrection. The
silence is not an act, it is an omission.

ART 136. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection
TWO CRIMES PENALIZED IN THIS ARTICLE:
1. Conspiracy to commit rebellion
2. Proposal to commit rebellion

When is there conspiracy to commit rebellion?

When 2 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.

When is there proposal to commit rebellion?

When the person who has decided To rise publicly and take against the Government For any of the purposes of
rebellion
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Proposes its execution To some other person or persons.

ART 137. Disloyalty of public officers or employees

PUNISHABLE ACTS:
1. By failing to resist a rebellion by all the means in their power
2. By continuing to discharge the duties of their offices under the control of the rebels
3. By accepting appointment to office under them

ART 138. Inciting to rebellion or insurrection

ELEMENTS:
1. That the offender does not take 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:
a) Speeches
b) Proclamations
c) Writings
d) Emblems
e) Banners, or
f) Other representations tending to the same end

ART 139. Sedition

ELEMENTS:
1. That the offenders rise:
a) Publicly, and
b) Tumultuously
2. That they employ:
a) Force
b) Intimidation, or
c) 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 National Government, or any provincial or municipal government, or any public officer
thereof 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, and
e) To despoil, for any political or social end, any person, municipality, or province, or the National
Government of all its property or any part thereof

ART 140. Penalty for sedition.

PERSONS LIABLE FOR SEDITION:
a. Leader of the sedition
b. Other persons participating in the sedition

ART 141. Conspiracy to commit sedition

NOTES:
1. There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects
of sedition.
2. An agreement and a decision to attain an object of sedition without any agreement to rise publicly and
tumultuously is not conspiracy to commit sedition. Such an agreement and decision may constitute a
conspiracy to commit direct assault of the first form (not a felony)
3. There is NO proposal to commit sedition.

ART 142. Inciting to sedition

DIFFERENT ACTS OF INCITING SEDITION:
1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches,
proclamations, writings, emblems, etc.
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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 the duly constituted
authorities thereof, which tend to disturb the public peace.

First mode:
Inciting to sedition to accomplish any of its objects
ELEMENTS:
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
NOTE: It is NOT inciting to sedition when it is NOT proved that the defendant incited the people to rise publicly and
tumultuously in order to attain any of the ends mentioned in Art. 139.

Second mode:
Uttering seditious words or speeches
Third mode:
Writing, publishing or circulating scurrilous libels against the Government or any of the duly constituted authorities
thereof.

WHEN ARE THESE 3 MODES PUNISHABLE:

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
4. They lead or tend to stir up the people against the lawful authorities or to disturb the peace of the
community

ART 143. Acts tending to prevent the meeting of Congress and similar bodies
ELEMENTS:
1. That there be a projected or actual meeting of the National Assembly or any of its committees or
subcommittees, constitutional 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

ART 144. Disturbance of proceedings of Congress or similar bodies

ELEMENTS:
1. That there be a 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 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

ART 145. Violation of parliamentary immunity

First punishable act
By using force, intimidation, threats or frauds to prevent any member of the National Assembly from (1) attending
the meetings of the Assembly or any of its committees or subcommittees, constitutional commissions or committees
or divisions thereof, or from (2) expressing his opinions, or (3) casting his vote

ELEMENTS:
1. That the offender uses:
a) Force
b) Intimidation
c) Threats, or
d) Fraud
2. That the purpose of the offender is to prevent any member of the National Assembly from
a) Attending the meetings of the Assembly or any of its committees or constitutional commissions, etc.;
or
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b) Expressing his opinions, or

c) Casting his vote

Note: The offender is any person.

Second punishable act
By arresting or searching any member thereof while the National Assembly is in a regular or special session, except in
case such member has committed a crime punishable under the Code by a penalty higher than prision mayor.

ELEMENTS:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of the National Assembly
3. That the assembly, at the time of arrest or search, is in regular or special session
4. That the member arrested or searched has not committed a crime punishable by a penalty higher than prision
mayor

ART 146. Illegal assemblies

ILLEGAL ASSEMBLIES:
1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this
Code
a) That there is a meeting, a 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 or his agents. (M-I)
a) That there is a meeting, a gathering or group of persons, whether 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 associations

ILLEGAL ASSOCIATIONS:
1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the
Code
2. Associations totally or partially organized for some purpose contrary to public morals

PERSONS LIABLE:
1. Founders, directors, and president of the association
2. Mere members of the association

ART 148. Direct assaults

o Crimes against public order triable by RTC (without intent to kill or physical injuries)

First form
Without public uprising, By employing force or intimidation For the attainment of Any of the purposes enumerated In
defining the crimes of Rebellion and sedition

ELEMENTS:
1. That the offender employs force or intimidation
2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects in
the crime of sedition
3. That there is no public uprising

Second form
Without public uprising, By attacking, By employing force, or By seriously intimidating or Seriously resisting Any person
in authority or Any of his agents, While engaged in the performance of official duties, or On the occasion of such
performance

ELEMENTS:
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1. That the offender:

a) Makes an attack
b) Employs force
c) Makes a serious intimidation, or
d) Makes a serious resistance
2. That the person assaulted is a person in authority or his agent
3. That at the time of the assault the person in authority or his agent:
a) Is engaged in the actual performance of official duties, or that he is assaulted
b) By reason of the past performance of official duties
4. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his
duties
5. That there is no public uprising

ART 149. Indirect assaults

ELEMENTS:
1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in Art.
148.
2. That a person comes to the aid of such authority or his agent
3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority
or his agent.

ART 150. Disobedience to summons issued by Congress, its committees, etc., by the constitutional commissions, its
committees, etc.
PUNISHABLE ACTS:
1. By refusing, without legal excuse, to obey summons of the National Assembly, its special or standing
committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or
divisions, or before any commission or committee chairman or member authorized to summon witnesses
2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body
or official
3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession,
when required by them to do so in the exercise of their functions
4. By restraining another from attending as a witness in such legislative or constitutional body
5. By inducing disobedience to a summons or refusal to be sworn by any such body or official.

NOTE: National Assembly: Congress of the Philippines

ART 151.Resistance and disobedience to a person in authority or the agents of such person
ELEMENTS:
1. That a person in authority or his agent is (E-L)
a) engaged in the performance of official duty, or
b) 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 Articles 148, 149, and 150

Elements of the 2nd par.? (simple disobedience)

1. That an agent of a person in authority is
a) Engaged in the performance of official duty, or
b) Gives a lawful order to the offender
2. That the offender disobeys such agent of a person in authority
3. That such disobedience is not of a serious nature

ART 152. Persons in Authority and Agents of Persons in Authority – Who shall be deemed as such.
PERSONS IN AUTHORTY
1. Municipal mayor
2. Division superintendent of schools
3. Public and private school teachers
4. Teacher-nurse
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5. President of sanitary division

6. Provincial fiscal
7. Justice of the Peace
8. Municipal councilor
9. Barrio captain and barangay chairman

To be an agent of a person in authority:

One must be charged with:
(1) The maintenance of public order
(2) The protection and security of life and property

Examples:
1. A policeman
2. Constabulary solider
3. Municipal treasurer
4. Any person who comes to the aid of persons in authority is an agent of a person in authority

ART 153. Tumults and other disturbances of public order

Tumults and other disturbances of public order
1. Causing any serious disturbance in a public place, office or establishment
2. Interrupting or disturbing performances, functions, or gatherings, or peaceful meetings, if the act is not
included in Articles 131 and 132
3. Making any 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

ART 154. Unlawful use of means of publication and unlawful utterances

PUNISHABLE ACTS:
1. By publishing or causing to be published, by means of
a) printing,
b) lithography or
c) any other means of publication, as news any false news any false news which may endanger the public
order, or cause damage to the interest or credit of the State
2. By 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. By maliciously publishing or causing to be published any official resolution or document without proper
authority, or before they have been published officially
4. By 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

ART 155. Alarms and scandals

PUNISHABLE ACTS:
1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to
cause (which produces) alarm or danger.
2. Instigating or takin 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.

ART 156. Delivery prisoners from jails

ELEMENTS:
1. That there is a person confined in a jail or penal establishment
2. That the offender removes therefrom such person, or Helps the escape of such person.

ART 157. Evasion of service of sentence

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the 3 kinds of evasion of the service of the sentence

1. Evasion of service of sentence by escaping during the term of his sentence
2. Evasion of service of sentence on the occasion of disorders
3. Other cases of evasion of service of sentence, by violating the conditions of conditional pardon

ELEMENTS:
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

ART 158. Evasion of service of sentence on the occasion of disorders, conflagrations, earthquakes, or other
calamities.
ELEMENTS:
1. That the offender is a convict by final judgment, who is confined in a penal institution
2. That there is disorder, resulting from:
a) Conflagration
b) Earthquake
c) Explosion
d) Similar catastrophe, or
e) Mutiny in which he has not participated
3. That the offender evades the service of his sentence by leaving 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 hours following the issuance of a
proclamation by the Chief Execution announcing the passing away of such calamity

ART 159. Violation of conditional pardon

The President may grant, after conviction by final judgment:
o Reprieves
o Commutations
o Pardons
o Remit fines and forfeitures
o Grant amnesty with the concurrence of a majority of all the members of Congress

nature of conditional pardon

o A contract between the Chief Executive, who grants the pardon, and the convict, who accepts it
o Since it is a contract, the pardoned convict is bound to fulfill its conditions and accept all its consequences,
not as he chooses, but according to its strict terms

What are the elements of violation of 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

2 Penalties
1. Prision correccional in its minimum period – if the penalty remitted DOES NOT exceed 6 years
2. The unexpired portion of his original

ART 160. Commission of another crime during service of penalty imposed for another previous offense
QUASI-RECIDIVISM
A special aggravating circumstance where a person, after having been convicted by final judgment, shall commit a new
felony before beginning to serve such sentence, or while serving the same. He shall be punished by the maximum period
of the penalty prescribed by law for the new felony.

ELEMENTS:
1. That the offender was already convicted by final judgment of one offense
2. That he committed a new felony before beginning to serve such sentence or while serving the same
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TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST

FORGERIES
Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief
Executive.
Using forged signature or counterfeit seal or stamp.
Making and importing and uttering false coins
Mutilation of coins – Importation and utterance of mutilated coins.
Selling of false or mutilated coin, without connivance
Forging treasury or bank notes or other documents payable to bearer; importing; and uttering such false or forged notes
and documents.
Counterfeiting, importing, and uttering instruments not payable to bearer.
Illegal possession and use of false treasury or bank notes and other instruments of credit
How forgery is committed.
Falsification of legislative documents.
Falsification by public officer, employee or notary or ecclesiastical minister.
Falsification by private individuals and use of falsified documents.
Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified message.
False medical certificates, false certificates of merits or service, etc.
Using false certificates
Manufacturing and possession of instruments or implements for falsification

OTHER FALSITIES
Usurpation of authority or official functions.
Using fictitious name and concealing true name.
Illegal use of uniforms or insignia.
False testimony against a defendant
False testimony favorable to the defendant
False testimony in civil cases
False testimony in other cases and perjury in solemn affirmation.
Offering false testimony in evidence

FRAUDS
Machinations in public auctions.
Monopolies and combinations in restraint of trade
Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or
their alloys.

ART 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp
of the Chief Executive.
PUNISHABLE ACTS:
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

ART 162. Using forged signature or counterfeit seal or stamp.

ELEMENTS:
1. That the Great 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

SECTION TWO: Counterfeiting coins.

1. Making and importing and uttering false coins
 14

2. Mutilation of coins
3. Selling of false or mutilated coin, without connivance

ART 163. Making and importing and uttering false coins.

ELEMENTS:
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

ART. 164. Mutilation of coins – Importation and utterance of mutilated coins

PUNISHABLE ACTS:
1. Mutilating coins of the legal currency, with the further requirement that there be 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

Art. 165. Selling of false or mutilated coin, without connivance.

PUNISHABLE ACTS:
1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it
is false or mutilated
Elements:
a. Possession
b. With intent to utter
c. Knowledge
2. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated
Elements:
a. Actually uttering
b. Knowledge

ART 166. Forging treasury or bank notes or other documents payable to bearer; importing; and uttering such false
or forged notes and documents.
PUNISHABLE ACTS:
1. Forging or falsification of treasury or bank notes or other documents payable to bearer
2. Importation of such false or forged obligations or notes
3. Uttering of such false or forged obligations or notes in connivance with the forgers or importers

ART 167. Counterfeiting, importing, and uttering instruments not payable to bearer.
ELEMENTS:
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 forger or importer

ART. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit.
ELEMENTS:
1. That any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument
payable to order or other document of credit NOT payable to bearer is forged or falsified by another person
2. That the offender knows that any of those instruments is forged or falsified
3. That he performs any of these acts
a. Using any of such forged or falsified documents
b. Possessing with intent to use any of such forged or falsified documents

ART 169. How forgery is committed.

NOTE: Forgery includes falsification and counterfeiting

First mode
By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance
of a true and genuine document
 15

Second mode
By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein

ART. 170. Falsification of legislative documents.

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

ART. 171. Falsification by public officer, employee or notary or ecclesiastical minister.

ELEMENTS:
1. That the offender is a:
a. Public officer
b. Employee, or
c. Notary public
2. That he takes advantage of his official position
3. That he falsifies a document by committing any of the following acts:
a. Counterfeiting or imitating any:
i. Handwriting
ii. Signature, or
iii. Rubric
b. Causing it to appear that persons have participated in any act or proceeding when they did NOT in fact
so participate
c. Attributing to persons who have participated in an act or proceeding statements other than those in fact
made by them
d. Making untruthful statements in a narration of facts
e. Altering true dates
f. Making any alteration or intercalation in a genuine document which changes its meaning
g. Issuing in authenticated form a document purporting to be a copy of an original document when no such
original exists, or including in such copy a statement contrary to, or different from, that of the genuine
original
h. Intercalating any instrument or note relative to the issuance thereof in a:
i. Protocol
ii. Registry, or
iii. Official book
4. In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record
or document of such character that its falsification may affect the civil status of persons

Paragraph 1
Counterfeiting, or imitating (feigning) any
Handwriting,
Signature, or
Rubric

2 ways of committing falsification under par. 1

1. Counterfeiting – Imitating any handwriting, signature, or rubric
2. Feigning – Simulating a signature, handwriting, or rubric out of one which does NOT in fact exist

REQUISITES:
1. There be an intent to imitate, or an attempt to imitate
▪ May be shown by a comparison of the handwriting or signature on the document alleged to have been
falsified with the genuine handwriting or signature supposed to have counterfeited
▪ If there is sufficient resemblance between the genuine and the forged signatures, it can be concluded
that the accused had the intention to imitate such signature
2. That the 2 signatures or handwritings, the genuine and the forged, bear some resemblance to each other
 16

▪ The resemblance must be such that it is likely to deceive an ordinary person receiving or dealing with
the document
▪ The fact of imitating a person’s signature on a check in such a way that the same, when presented for
collection “might have passed in the rush of business,” although the handwriting is a little bit different,
constitutes falsification

Paragraph 2
Causing it to appear that persons have participated in an act or proceeding

REQUISITES:
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 person or persons DID NOT in fact so participate in the act or proceeding

Paragraph 3
Attributing to persons who have participated in any act or proceeding statements other than those in fact made by
them

REQUISITES
1. That a person or persons participated in an act or a 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 or persons statements other than those in
fact made by such person or persons

Paragraph 4
Making untruthful statements in a narration of facts

REQUISITES
1. That the offender makes in a document statements in a narration of facts
2. That he has a legal obligation to disclose the truth of the facts narrated by him
3. That the facts narrated by the offender are absolutely false, and
4. That the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person

Paragraph 5
Altering true dates

Paragraph 6
Making alteration or intercalation in a genuine document which changes its meaning

REQUISITES:
1. That there be an alteration (change) or intercalation (insertion) in a document
2. That it was made on a genuine document
3. That the alteration or intercalation has changed the meaning of the document
4. That the change made the document speak something false

Paragraph 7
Issuing in an authenticated form
A document purporting to be
A copy of an original document
When no such original exists, or
Including in such a copy a statement
Contrary to,
Or different from,
That of the genuine original

Art. 172. Falsification by private individuals and use of falsified documents.

PUNISHABLE ACTS:
1. Falsification of public, official, or commercial document by a private individual
2. Falsification of private document by any person
 17

3. Use of falsified document

Paragraph 1
Falsification of public,
Official, or
Commercial document
By a private individual

ELEMENTS:
1. That the offender is a private individual or a public officer or employee who DID NOT take advantage of his
official position
2. That he committed any of the acts of falsification enumerated in Art. 171.
3. That the falsification was committed in a public or official or commercial document

Paragraph 2
Falsification of private document
By any person

ELEMENTS:
1. That the offender committed any of the acts of falsification, except those in paragraph 7, enumerated in
Art. 171.
2. That the falsification was committed in any private document
3. That the falsification caused damage to a third party or at least the falsification was committed with intent
to cause such damage

Paragraph 3
Use of falsified document

TWO KINDS:
1. Introducing in a judicial proceeding
2. Use in any other transaction

Elements of introducing in a judicial proceeding

1. That the offender knew that a document was falsified by another person
2. That the false document is embraced in Art. 171 or in any subdivisions 1 or 2 of Art. 172
3. That he introduced said document in evidence in any judicial proceeding

Elements of use in any other transaction

1. That the offender knew that a document was falsified by another person
2. That the false document is embraced in Art. 171 or in any of subdivision 1 or 2 of Art. 172
3. That he used such document (not in judicial proceedings)
4. That the use of the false document caused damage to another or at least it was used with intent to cause
such damage

ART 173. Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified message
PUNISHABLE ACTS:
1. Uttering fictitious wireless, telegraph, or telephone message
2. Falsifying wireless, telegraph, or telephone message
3. Using such falsified message

Paragraph 1
Uttering fictitious message or falsifying the same

ELEMENTS:
1. That the offender is an officer or employee of the Government or an officer or employee of a private corporation
engaged in the service of sending or receiving wireless, cable, or telephone message
2. That the offender commits any of the following acts:
a) Uttering fictitious wireless, cable, telegraph, or telephone message, or
 18

b) Falsifying wireless, cable, telegraph, or telephone message

Paragraph 2
Use of said falsified messages

ELEMENTS:
1. That the accused knew that wireless, cable, telegraph, or telephone was falsified by any of the persons specified
in the first paragraph of Art. 173
2. That the accused used such falsified dispatch
3. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with
intent to cause such prejudice

ART 174. False medical certificates, false certificates of merits or service, etc.
PERSONS LIABLE:
1. False Medical Certificate by a physician - Physician or surgeon who, in connection with the practice of his
profession, issued a false certificate. It must refer to the illness or injury of a person.
2. False Certificate of Merit or Service by a public officer – Public officer who issued a false certificate of merit
or service, good conduct or similar circumstances.
3. False Medical Certificate or Certificate of Merit or Service by a private individual – private individual who
falsified a certificate falling in the classes under 1 and 2.

ART 175. Using false certificates.

ELEMENTS:
1. That a physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate
of merit or service, good conduct, or similar circumstances, or a private person had failed any of said certificates
2. That the offender knew that the certificate was false
3. That he used the same

ART 176. Manufacturing and possession of instruments or implements for falsification

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

ART 177. Usurpation of authority or official functions.

2 OFFENSE CONTEMPLATED:
1. Usurpation of authority
2. Usurpation of official functions

2 WAYS TO COMMIT THE CRIME

1. By knowingly and falsely representing oneself to be an officer, agent, or representative of any department or
agency of the Philippine Government or any foreign government
NOTE: The mere act of knowingly and falsely representing oneself to be an officer, etc. is sufficient. It is
NOT necessary that he performs an act pertaining to a public officer.

2. By performing any act pertaining to any person in authority or public officer of the Philippine Government or of
a foreign government or any agency thereof under pretense of official position and without being lawfully entitled
to do so
NOTE: It is essential that the offender should have performed an act pertaining to a person in authority or
public officer, in addition to other requirements

ART 178. Using fictitious name and concealing true name

ELEMENTS:
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
 19

b. To evade the execution of a judgment, or

c. To cause damage to public interest

ART 179. Illegal use of uniforms or insignia.

ELEMENTS:
1. The offender makes use of insignia, uniforms or dress
2. That the insignia, uniforms or dress pertaining to an office not held by such person or to a class of persons of
which he is not a member
3. That said insignia, uniforms or dress is used publicly and improperly

ART. 180. False testimony against a defendant.

3 FORMS OF FALSE TESTIMONY:
1. False Testimony in criminal cases
2. False Testimony in civil cases
3. False Testimony in other cases

ELEMENTS:
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

ART. 181. False testimony favorable to the defend

o While false testimony in favor of an accused may be less obnoxious than false testimony against him, both forms
of false testimony are equally repugnant to the orderly administration of justice, and deserve to be rigorously
repressed.
o False testimony is punished not because of its effect it actually produces, but because of its tendency to favor
or to prejudice the defendant.
o A witness who falsely testified that he neither saw nor was present at the killing of the deceased, is guilty of
false testimony because by not testifying for the prosecution, he favored the accused

ART. 182. False testimony in civil cases

ELEMENTS:
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 the same to be false.
5. That the testimony must be malicious and given with an intent to affect the issues presented in said case.

ART. 183. False testimony in other cases and perjury in solemn affirmation.
2 WAYS OF COMMITTING PERJURY:
1. By falsely testifying under oath (should NOT be in a judicial proceeding)
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, authorize to receive and administer oath
3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood, and
4. That the sworn statement or affidavit containing the falsity is required by law

ART 184. Offering false testimony in evidence.

ELEMENTS:
1. That the offender offered in evidence a false witness or false testimony
2. That he knew the witness or the testimony was false
3. That the offer was made in a judicial or official proceeding
 20

ART 185. Machinations in public auctions.

PUNISHABLE ACTS:
1. By soliciting any gift or promise as a consideration for refraining from taking part in any public auction
2. By attempting to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice

First punishable act

By soliciting any gift or promise
As a consideration
For refraining from taking part in any public auction

ELEMENTS:
1. That there be a public auction
2. That the accused solicited any gift or a promise from any of the bidders
3. That such gift or promise was the consideration for his refraining from taking part in that public auction
4. That the accused had the intent to cause the reduction of the price of the thing auctioned

Second punishable act

By attempting to cause bidders
To stay away from an auction
By threats,
Gifts,
Promises, or
Any other artifice

ELEMENTS:
1. That there be a public auction
2. That the accused attempted to cause the bidders to stay away from that public auction
3. That it was done by threats, gifts, promises, or any other artifice
4. That the accused had the intent to cause the reduction of the price of the thing auctioned

ART 186. Monopolies and combinations in restraint of trade

PUNISHABLE ACTS:
1. Combination to prevent free competition in the market
2. Monopoly to restrain free competition in the market
3. Manufacturer, producer, or processor or importing combining, conspiring, or agreeing with any person to make
transactions prejudicial to lawful commerce or to increase the market price of merchandise

ART 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other
precious metals or their alloys
ARTICLES OR MERCHANDISE INVOLVED:
Those made of –
1. Gold
2. Silver
3. Other precious metals, or
4. Their alloys

ELEMENTS:
1. That the offender imports, sells, or disposes of any of these articles or merchandise
2. That the stamps, brands, or marks of those articles of merchandise fail to indicate the actual fineness or
quality of said metals or alloys
3. That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or quality of the
metals or alloys
 21

TTILE 6
CRIMES AGAINST PUBLIC MORALS

Gambling
Importation, sale, and possession of lottery tickets or advertisements
Betting in sport contests
Illegal betting on horse races
Illegal cockfighting

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Grave scandal
Immoral doctrines, obscene publications, and exhibitions
Vagrancy and prostitution
o Provisions of Articles 195-199, as amended, as well as those PD 483 ( betting, game fixing or point shaving and
machinations in sports contests and PD 449 (Cockfighting Law), which are inconsistent with PD 1602 are repealed.

ART 195. Gambling

GAMBLING
o Any game or scheme, whether upon chance or skill, wherein wagers consisting of money, articles or value or
representative of value are at stake or made.
BETTING
o Betting money or Any object or Article of value or Representative of value Upon the result of any game, Races
and Other sports contests.

GAMBLING IS PROHIBITED AND PUNISHED:

o To repress an evil that undermines the social, moral, and economic growth of the nation
o It has the effect of causing poverty, dishonesty, fraud, and deceit.
o When the law names the games, punishing any person who take part therein, its purpose is to prohibit absolutely
those games

KNOWINGLY PERMITTING GAMBLING TO BE CARRIED ON IN A PLACE OWNED OR CONTROLLED BY THE OFFENDER

ELEMENTS:
1. That a gambling place was carried on in an inhabited or uninhabited place or in any building, vessel, or
other means of transportation
2. That the place, building, vessel, or other means of transportation is owned or controlled by the offender
3. That the offender permitted the carrying on of such game, knowing that it is a gambling game

ART 196. Importation, sale, and possession of lottery tickets or advertisements

LOTTERY
A scheme for the Distribution of prizes by chance among persons who had paid, or agreed to pay, a valuable consideration
for the chance to obtain a prize.

ELEMENTS:
1. Consideration
2. Chance
3. Prize, or some advantage or inequality in amount or value which is in the nature of a prize

ACTS PUNISHED RELATIVE TO LOTTERY TICKETS OR ADVERTISEMENTS

1. Importing into the Philippines from any foreign place or port any lottery ticket or advertisement
2. Selling or distributing the name in connivance with the importer
3. Possessing, knowingly and with intent to use, lottery tickets or advertisements
4. Selling or distributing the same without connivance with the importer

ART 197. Betting in sport contests

Game Fixing
o Any arrangement, Combination, Scheme, or Agreement By which the result of Any game, Races, or Sports contests
Shall be predicted and/or Knows other than on the Basis of the honest playing skill or Ability of the Players or
participants
 22

ART 198. Illegal betting on horse races

PUNISHABLE ACTS:
1. Betting on horse races during the periods not allowed by law
2. Maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom,
during the periods not allowed by law
3.
Horse races not allowed by law
1. July 4th of each year
2. December 30th of each year
3. Any registration or voting days
4. Holy Thursday and Good Friday

ART 199. Illegal cockfighting

PUNISHABLE ACTS:
1. Directly or indirectly participating in cockfights by:
a. Betting money or other valuable things, or
b. Organizes cockfights at which bets are made
On a day other than those permitted by law
2. Directly or indirectly participating in cockfights by:
a. Betting money or other valuable things, or
b. Organizes cockfights at which bets are made
At a place other than a licensed cockpit.

PERSONS LIABLE:
1. Bet Taker or Promoter
2. Gaffer
3. Referee
4. Bettor
5. Owner, manager, or lessee of the cockpit who shall permit gambling of any kind on the premises of the cockpit
or place of cockfight during cockfights

NOTE: Spectators are not liable. He must participate as bettor to be liable.

Cockfighting allowed by law

1. Sundays
2. Legal holidays
3. Local fiestas for not more than 3 days
4. During provincial, city, or municipal agriculture, commercial or industrial fair, carnival or exposition for a
similar period of 3 days upon resolution of the province, city or municipality where such fair is to be held

Cockfighting not allowed by law

1. December 30
2. June 12
3. November 30
4. Holy Thursday and Good Friday
5. Election or Referendum Day
6. Registration days for such election or referendum

Cockfighting for Entertainment of Tourists or for Charitable Purposes Authorized.

ELEMENTS:
1. For only one time
2. For a period not exceeding 3 days
3. Within a year to a province, city, or municipality

ART 200. Grave scandal

ELEMENTS:
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
 23

3. That the highly scandalous conduct is not expressly falling within any other 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 201. Immoral doctrines, obscene publications and exhibitions, and indecent shows
PUNISHABLE ACTS:
1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
2.
A. The authors of obscene literature, published with their knowledge in any form, the editors publishing
such literature, and The owners/operators of the establishment selling the same;
B. Those who
In theaters, fairs, cinematographs, or any other place, exhibit indecent or immoral plays, scenes,
acts, or shows, it being understood that the obscene literature or indecent or immoral plays, scenes,
acts, or shows, whether live or in film, which are proscribed by virtue hereof, shall include those
which:
1. Glorify criminals or condone crimes;
2. Serve no other purpose but to satisfy the market for violence, lust, or pornography;
3. Offend any race, or religion;
4. Tend to abet traffic in and use of prohibited drugs; and are
5. Contrary to law, public order, morals, good customs, established policies, lawful orders,
decrees, and edicts; and

3. Those who shall Sell, give away, or Exhibit films, prints, engravings, sculptures, or literature Which are
offensive to morals.

Essential element: Publicity

ART 202. Vagrants and prostitutes

The following are vagrants:
1. Any person having no apparent means of subsistence, who has the physical ability to work and Who neglects to
apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public buildings or places, or Tramping or Wandering about the
country or the streets Without visible means of support;
3. Any idle or dissolute person who Lodges in houses of ill-fame; Ruffians or pimps and Those who habitually
associate with prostitutes;
4. 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;

5. Prostitutes.
For the purposes of this article, Women who, For money or profit, Habitually indulge in sexual intercourse of
lascivious conduct, Are deemed to be prostitutes.

Any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or a
fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision
correccional in its minimum period or a fine ranging from 200 to 2,000 pesos,, or both, in the discretion of the
court.

PROSTITUTE
Women who:
1. Habitually indulges in:
a. Sexual intercourse, or
b. Lascivious conduct
2. For money or profit
 24

TITLE 7
CRIMES COMMITTED BY PUBLIC OFFICERS
Who are public officers
Knowingly rendering unjust judgment
Judgment rendered through negligence
Unjust interlocutory order
Malicious delay in the administration of justice
Prosecution of offenses; negligence and tolerance
Betrayal of trust by an attorney or solicitor – Revelation of secrets
Direct bribery
Indirect bribery
Qualified bribery
Corruption of public officials
Frauds against the public treasury and similar offenses.
Other frauds.
Prohibited transactions
Possession of prohibited interest by a public officer

ART 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 law, or
b. By popular election, or
c. By appointment by competent authority

o Misfeasance - improper performance of some act which might lawfully be done

o Malfeasance - performance of some act which ought not to be done
o Nonfeasance - omission of some act which out to be performed

ART 204. Knowingly rendering unjust judgment

ELEMENTS:
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

ART 205. Judgment rendered through negligence

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

ART 206. Unjust interlocutory order

ELEMENTS:
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

ART 207. Malicious delay in the administration of justice

ELEMENTS:
1. That the offender is a judge
2. That there is a proceeding in his court
 25

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

NOTE: Mere delay without malice is NOT a felony under this article

ART 208. Prosecution of offenses; negligence and tolerance

PUNISHABLE ACTS:
1. By maliciously refraining from instituting prosecution against violators of the law
2. By maliciously tolerating the commission of offenses

ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:

1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to
prosecute, offenses
2. That there is dereliction of the duties to his office; that is, 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 it
commission
3. That the offender acts with malice and deliberate intent to favor the violator of the law

ART 209. Betrayal of trust by an attorney or solicitor – Revelation of secrets.

PUNISHABLE ACTS:
By causing damage to his client, either
a) By any malicious breach of professional duty, or
b) By inexcusable negligence or ignorance
c) by revealing any of the secrets of his client learned by him in his professional duty
d) by undertaking the defense of the opposing party in the same case, without the consent of his first client,
after having undertaken the defense of said first client, or after having received confidential information
from said client

ART 210. Direct bribery

PUNISHABLE ACTS:
1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift, or present – an act
constituting a crime, in connection with the performance of his official duties
2. By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection
with the performance of his official duty
3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in
consideration of gift or promise

ELEMENTS:
1. That the offender be a public officer within the scope of Art. 203
2. That the offender accepts an offer or a promise or receives a gift or present by himself or through another
3. That such offer or promise be accepted, or gift or present received by the public officer –
a) With a view to committing some crime, or
b) In consideration of the execution of an act which does not constitute a crime, but the act must be unjust,
or
c) To refrain from doing something which it is his official duty to do
4. That the act which the offender agrees to perform or which he executes be connected with the performance of
his official duties

ART 211. Indirect bribery

ELEMENTS:
1. That the offender is a public officer
2. That he accepts gifts
3. That he said gifts are offered to him by reason of his office

ART 212. Qualified bribery

ELEMENTS:
1. That the offender is a public officer entrusted with law enforcement
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2. That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by
reclusion perpetua and/or death
3. That the offender refrains from arresting or prosecuting the offender in consideration of any promise, gift or
present

ART 212. Corruption of public officials

ELEMENTS:
1. That the offender makes offers or promises or gives gifts or presents to a public officer
2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances
that will make the public officer liable for direct bribery or indirect bribery

ART 213. Frauds against the public treasury and similar offenses
PUNISHABLE ACTS:
1. By entering into an agreement with any interested party or speculator or making use of any other scheme, to
defraud the Government, in dealing with any person with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts relating to public property or funds
2. By demanding, directly or indirectly, the payment of sums different from or larger than those authorized by
law, in the collection of taxes, licenses, fees, and other imposts
3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in
the collection of taxes, licenses, fees, and other imposts
4. By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature
different from that provided by law, in the collection of taxes, licenses, fees, and other imposts

ELEMENTS:
1. That the offender be a public officer
2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official
capacity
3. That he entered into an agreement with any interested party or speculator or made use of any other scheme
with regard to
a) Furnishing supplies
b) The making of contracts, or
c) The adjustment of settlement of accounts relating to public property or funds
4. That the accused had the intent to defraud the Government

ART 214. Other frauds

ELEMENTS:
1. That the offender is a public officer
2. That he takes advantage of his official position
3. That he commits any of the frauds or deceits enumerated in Art. 315 to 318

ART 215. Prohibited transactions

ELEMENTS:
1. That the offender is an appointive public officer
2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation
3. That the transaction takes place within the territory subject to his jurisdiction
4. That he becomes interested in the transaction during his incumbency

ART 216. Possession of prohibited interest by a public officer

LIABLE:
1. Public Officers
2. Experts, arbitrators, private accountants
3. Guardians and executors