Crim Law2 Prelims Reviewer

CRIMES AGAINST NATIONAL SECURITY ART114.TREASON ART115.Conspiracy and proposal to commit treason

ART116.Misprision of treason ART117.ESPIONAGE

ART118.Inciting to war or giving motives for reprisal ART119.Violation of neutrality ART120.Correspondence with hostile country ART121.Flight to enemy’s country

ART122.PIRACY and MUTINY ART123.Qualified piracy CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

ART124.Arbitrary detention ART125.Delay in the delivery of detained persons ART126.Delaying release ART127.Expulsion ART128.Violation of domicile ART129.Search warrants maliciously obtained ART130.Searching domicile without witnesses ART131.Prohibition, interruption, and dissolution of peaceful meetings ART132.Interruption of religious worship ART133.Offending the religious feelings CRIMES AGAINST PUBLIC ORDER ART134.REBELLION or INSURRECTION ART134A COUP D’ETAT ART135.Penalty: rebellion, insurrection or coup d’etat ART136.Conspiracy & proposal to commit R.I.C. ART137.Disloyalty of public officers or employees ART138.Inciting to rebellion or insurrection ART139.SEDITION ART140.Penalty for sedition ART141.Conspiracy to commit sedition ART142.Inciting sedition ART143.Acts tending to prevent the meeting of the Assembly ART144.Disturbance of proceedings ART145.Violation of preliminary immunity ART146.Illegal assemblies ART147.Illegal associations ART148.Direct assault ART149.Indirect assault ART150.Disobedience to summons ART151.Resistance and disobedience to a person in authority ART152.Persons in authority and against – defined ART153.Tumults and other disturbances ART154.Unlawful use of means of publication ART155.ALARM and SCANDALS ART156.Delivering prisoners from jail ART157.Evasion of service of sentence ART158.Evasion of SS: disorders, conflagrations, etc ART159.Other cases of evasion of SS ART160.Commission of another crime during service

CRIMES AGAINST PUBLIC INTEREST ART161.COUNTERFEITING ART162.Using forged signatures ART163.Making, importing and uttering FALSE COINS ART164.MUTILATION OF COINS ART165.Selling of false or mutilated coin ART166.FORGING TREASURY or bank notes ART167.C.I.U. instruments no payable to bearer ART168.Illegal possession & use of false treasury notes ART169.How FORGERY is committed ART170.FALSIFICATION of legislative documents ART171.Falsification by public officer/employee/notary

ART172.Falsification by private ind & use of docs ART173.Falsification of wireless… & use of it ART174.False medical certificates, certificates ART175.Using false certificates

ART176.Manufacturing & possession of instruments ART177.Usurpation of authority and official functions

ART178.Using fictitious name & concealing true name ART179.Illegal use of uniform or insignia ART180.False testimony against a defendant ART181.False testimony favorable to the defendant ART182.False testimony in civil cases ART183.PERJURY ART184.Offering false testimony in evidence ART185.Machinations in public auctions ART186.MONOPOLIES and combo in restraint of trade ART187.Importation and disposition of falsely marked merchandise made of gold, silver, etc ART188.Substituting and altering trademarks ART189.Unfair competition [ART190-194: RA9165 Comp. Dangerous Drugs Act] [ART195-199: Crimes against public morals-REPEALED] ART200.Grave scandal ART201.Immoral doctrines, obscene publications ART202.Vagrants and prostitutes ART203.Who are PUBLIC OFFICERS CRIMES COMMITTED BY PUBLIC OFFICER Malfeasance and Misfeasance ART204.Knowingly rendering unjust judgment ART205.Judgment rendered through negligence ART206.Unjust interlocutory order ART207.Malicious delay in the admin of justice ART208.Prosecution of offenses, neglig. & tolerance ART209.Betrayal of trust by an attorney ART210.Direct bribery ART211.Indirect bribery ART211-A. Qualified bribery ART212.Corruption of public officials ART213.FRAUDS against the public treasury ART214.Other frauds ART215.Prohibited transactions ART216.Possession of prohibited interest by a P.O. ART217.Malversation of public funds or property ART218.Failure of accountable officer to render accnts CRIMLAW 2 Prelims reviewer | © J. Tarroza UST | 1 | P a g e

ART219.Failure of responsible P.O. to render accnts ART220.Illegal use of public fund or property ART221.Failure to make delivery of funds or property ART222.OFFICERS included in the preceding article ART223.CONNIVING with or CONSENTING to evasion ART224.Evasion through negligence ART225.Escape of prisoner under the custody an ind.

Inciting to rebellion (138) Not required that the offender has decided to commit rebellion; The act of inciting is done PUBLICLY;

ART226.Removal, concealment or destruction of docs ART227.Officer breaking seal ART228.Opening of closed docs ART229.Revelation of secrets by an officer ART230.P.O. revealing secrets of private ind.

Illegal Assembly (146) Actual meeting or assembly is necessary; Meeting and attendance at such meeting are punished;

ART231.Open disobedience ART232.Disobedience to order of superior officer ART233.Refusal of assistance ART234.Refusal to discharge elective office ART235.Maltreatment of prisoners

LIABLE: Organizers, leaders, persons present at the meeting

ART236.Anticipation of duties of a P.O. ART237.Prolonging of performance of duties & powers ART238.Abandonment of office or position ART239.Usurpation of legislative powers ART240.Usurpation of executive powers ART241.Usurpation of judicial powers ART242.Disobeying request for disqualification ART243.Orders or request by exec ofc to judicial auth. ART244.Unlawful appointment ART245.Abuses against chastity

ART 131 (PID of meetings) Public place Public meeting Offender: public officer

ART 132 (PID of rel. worship) No specific place of worship Disturbance of religious worship Offender: public officer

ART 131 (PID of meetings) The PO is not a participant Offender: public officer

ART 153 (public disturbance) The PO is a participant Offender: may be PO/Priv.Ind.

ART 131-132 Meeting held by private individuals

ART 143-144 Meeting held by public officers

Crimes against popular representation ART 143 ART 144 ART 145 Prevents the Disturbs the Prevents members meeting meeting to attend meeting Evasion of service of sentence ART 157 ART 158 ART 159 Convict Convict Convict Simply escapes There is disorder Violates pardon TREASON (114) Violation by a subject of his allegiance to his country

Committed in times of war Crime against national security

ESPIONAGE (117) the gathering, transmitting, information with intent to use it injury his country With or without war Crime against national security

REBELLION (134) Purpose is to substitute the government with rebels’ own government

SEDITION (139) Raising or commotions or disturbance in a state

Conflict internal Crime against public disorder

Conflict internal Crime against public disorder

Recidivism Generic aggravating circumstance May be offset by a mitigating circumstance 2 offenses embraced in the same title/code Committed after serving the sentence

Proposal to commit rebellion (136) The person who proposes has decided to commit rebellion; The person who proposes the execution of the crime uses SECRET MEANS. Illegal Association (147) Actual meeting is NOT necessary; The act of forming or organizing and membership in the association that are punished; LIABLE: Founders, directors, president, and members Quasi-Recidivism Special aggravating circumstance Cannot be offset by a mitigating circumstance 1st offense may be other violation; 2nd offense should be a felony Committed before beginning to serve or while serving the sentence

Direct assault (148) Person in authority or his agent must be engaged in the performance of official duties

Indirect assault (149) Person comes to the aid of such authority or his agent who is the victim of d.assault

Forgery (166) Committed by giving a treasury or bank note or any payable instrument to appear true and genuine

Falsification (170) Committed by erasing, substituting, counterfeiting, or altering any detail of a document

Falsification of public docs Mere falsification is enough

Falsification of private docs Aside from falsification, prejudice to a third person is essential No complex crime of estafa through falsification of docs

Can be complexed with other crimes if the act was the means to commit crimes False testimony (180-182) Given in the course of a judicial proceeding Contemplates actual trial where judgment of conviction or acquittal is rendered Alarms & scandals (155) Scandal refers to disturbances of the public tranquility

Grave scandal (200) Act is mutually consented Scandal refers to morals, offensive to the public,

Vagrancy (202) Can be committed by either man or woman Man-whore = vagrant Direct bribery (210)

Perjury (183) Not given in judicial proceeding There is perjury even during the preliminary investigation Acts of Lasciviousness Committed against the will of a woman

Prostitution (202) Can only be committed by a woman Whore = prostitute

Indirect bribery (211)

Qualified bribery (211-A)

CRIMLAW 2 Prelims reviewer | © J. Tarroza UST | 2 | P a g e

PO is called upon to perform/refrain from performing an official act in exchange of gifts

PO simply accepts a gift given to him by reason of his position; not required to act

PO is in law enforcement, who REFRAINS from arresting/prosecuting an offender

Malversation (217) Technical malversation(220) OFFENDERS: accountable public officers Generally, the offender Offender derives no personal derives personal benefit gain or profit Conversion is for the personal Public fund or property is interest of the offender or of diverted to another public use another person other than that intended. DEFINTIONS Treason – breach of allegiance to the government committed by a person who owes allegiance to it. Allegiance – the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive. Espionage – the gathering, transmitting, or losing information respecting the national defense with intent to use such information to injury the country for the advantage of another nation Piracy – robbery or forcible depredation on the high seas without lawful authority and done with intent to steal. Mutiny – usually committed by the other members of the complement and may be committed by the passengers of the vessel. It is the unlawful resistance to a superior officer or the raising of commotions and disturbances on board a ship against the authority of its commander. Arbitrary detention – the deprivation by a public officer of the liberty of a person without any legal ground. Rebellion – its object is completely to overthrow and supersede the existing government. Insurrection – a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to a particular matter or subject. Person in authority – one directly vested with jurisdiction, that is, the power and authority to govern and execute the laws. Tumultuous – if caused by more than three persons who are armed or provided with the means of violence. Charivari – mock serenade of discordant noises made by cans, pans, etc, designed to annoy and assault. Unjust vexation – if the noise is directed to a particular person. 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. Conditional pardon – a contact between the chief executive, who grants the pardon, and the convict, accepts it.

Forgery – committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; to make false instrument intended to be passed for a genuine one. Falsification – committed by erasing, substituting, counterfeiting or altering by any means the figures, letters, words, or signs contained therein. Can only be committed in respect of documents. Mutilation – means diminishing or taking off by ingenuous means part of the metal in the coin either by filing or substituting it for another metal of inferior quality. Public document – any instrument notarized by a notary public or competent public official with the solemnities required by law. Official document – any instrument issued by the government or its agents or officers having the authority to do so and the offices, which in accordance with their creation, they are authorized to issue. Private document – every deed or instrument executed by a private person without the intervention of the notary public. Commercial document – any instrument executed in accordance with the Code of Commerce or any mercantile law containing disposition of commercial rights. Classes of falsification: 1. Falsification of legislative documents 2. Falsification of any document by a public officer 3. Falsification of any document by a private individual 4. Falsification of wireless, telegraph and telephone msgs Oath – any form of attestation by which a person signifies that he is bound in conscience to perform an act truthfully. False testimony – a declaration under oath or a witness in a judicial proceeding which is contrary to what is true Perjury – the willful and corrupt assertion of falsehood under oath or affirmation administered by authority of law on a material matter Material matter – means the main fact which is the subject of inquiry. Vagrants – those who loiter around public or private places without any visible means of support but who are physically able to work Malfeasance – when a public officer performs in his public office an act prohibited by law. Misfeasance – when a public officer performs official acts in the manner not in accordance with what the law prescribes. Nonfeasance – when a public officer willfully refrains or refuses to perform an official duty which his office required him to. Prevaricacion – any dereliction of duty whereby the public officer involved violates his oath of office. Dereliction of duty – neglect of duty, pertains to prosecuting officers

Counterfeiting – means to imitate a coin that is genuine, refers to money or currency. CRIMLAW 2 Prelims reviewer | © J. Tarroza UST | 3 | P a g e