Criminal Law II

Criminal Law II Criminal Law branch of public law which defines crimes, treats of their nature and provides for their punishment. Crime is the commission or omission by a person having capacity, of any act, which is either prohibited or compelled by law and the commission and omission of which is punishable by a proceeding brought in the name of the government whose law has been violated. Book II Group by titles itle I Crimes !gainst "ational #ecurity $ Laws of the "ations. itle II Crimes !gainst the %undamental Laws of the #tate. itle III Crimes !gainst &ublic 'rder itle I()Crimes !gainst &ublic Interest itle () Crimes *elative o 'pium and 'ther &rohibited +rugs ,under #pecial lawsitle (I Crimes !gainst &ublic .orals itle (II Crimes Committed by &ublic 'fficers itle (III Crimes !gainst &ersons itle I/ Crimes !gainst &ersonal Liberty and #ecurity itle /) Crimes !gainst &roperty itle /I Crimes !gainst Chastity itle /II Crimes !gainst he Civil #tatus of &ersons itle /III Crimes !gainst 0onor itle /I( 1uasi 'ffenses itle /() %inal &rovisions Article 114 TREASON is a breach of allegiance, which is the obligation of fidelity and obedience one owes to the government or sovereign under which he lives, in return for the protection he receives ,Laurel vs. .isa 22 &hil. 345&ersons liable6 7- %ilipino citi8ens owe permanent allegiance. 9- *esident aliens owe temporary allegiance. .odes of committing reason6 7- Levying war) means an actual assemblage of persons for purposes of e:ecuting a treasonable act. ! formal declaration of war is not necessary. !ctual hostilities determine the date of the commencement of war ,;# vs. Lagnason < &hil. =>4-. 9- !dhering to the enemy giving them aid or comfort. !dherence to the enemies ! citi8en intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country?s policy or interest ,Cramer vs. ;# 54 #upreme Court >73-. !dherence alone without aid and comfort does not constitute treason, although it may be inferred from the overt acts of treason committed ,&p. vs. Icaro) 3> &hil 79@ &p. vs. Bernardino) >< &hil 5=A-. B !id and comfortC ) means an act which strengthens or tends to strengthen the enemy of the government in the conduct of war against the govt. or an act which weakens or tends to weaken the power of the govt. or the country to resist or attack the enemies of the govt. or of the country. !n act of giving aid and comfort partakes of a deed of physical activity as opposed to mental operation and must be intentional. he amount or degree of said act or comfort given to the enemy as well as the gravity of the separate and distinct acts of treason committed rather than the circumstances, aggravating or mitigating, attending its commission, determine the degree of the penalty to be imposed ,pp. vs. Cana) 32 &hil 422-. .ere e:pression of opinion does not constitute treason. Dvidence reEuired for the conviction in reason6 a- testimony of at least two witnesses of the same overt act@ and b- confession of guilt in open court. !s to adherence to enemy does not need at least two witnesses. #uch may be proved by the testimony of one witness or from the nature of the act itself, or from the circumstances surrounding the act. 'vert acts of giving aid and comfort must be proved by the testimony of at least two witnesses ,&p. vs. !driano == '.G. =<AA-. !s to confession it must be done in open court. his e:cludes e:tra) Fudicial admission. ,;.#. vs. .agtibay 9 &hil. 2A4-. %urnishing women to the enemy does not constitute treason because such does not directly and materially tend to improve the war efforts of the enemy ,&p. vs. &ere8 5= '.G =335- . But Foining the Gapanese soldiers in arresting and torturing suspected guerrillas ,pp. vs. #antos) 32 &hil. 2<7-@ being an informer ,&p. vs. %ernando 2> &hil 27>-@ or service in the Gapanese !rmy ,&p. vs. .uno8 et al.) 2> &hil 7A9- constitute the crime of reason. here is no such defense as suspended allegiance. Is there a comple: crime of reason with .urder "o, because such is the overt act of aid and comfort and is therefore inseparable from treason itself, nor can it be considered a separate crime ,&p. vs. 0ernande8 49 '.G. 44A5-. Is reason a continuous crimeH Ies it may be committed by e:ecuting either singly or several intentional overt acts. !ll overt acts he had done or might have been done for that purpose constitute a single offense ,Guinto vs. (elu8 ) == '.G. >A>-. reason is a war crime . It cannot be committed in time of peace. reasonable acts may actually be committed during peace time, but there are no traitors until war has started , Laurel vs. .isa) supra-. reason may be committed in the &hilippines or elsewhere. &enalty %ilipino offenders *eclusion &erpetua to +eath or a fine not to e:ceed &7AA,AAA pesos. ) *esident !liens *eclusion emporal to +eath and a fine not to e:ceed &7AA,AAA pesos. ,!s amended by *! 254>-. Article 115- CONSPIRACY & PROPOSAL TO COMMIT TREASON !rticle 3 Conspiracy to commit felony when two or more persons come to an agreement concerning the commission of a felony and decided to commit it. &roposal to commit a felony when the person who has decided to commit a felony proposes its e:ecution to some other persons. Conspiracy to commit a crime is not a crime e:ceptions6 7- Conspiracy to commit reason@ bConspiracy to commit *ebellion, insu., or coup d?etat and c- Conspiracy to commit #edition. &roposal to commit a felony is not also a crime e:cept6 7- &roposal to commit reason 9- &roposal to commit *ebellion, Coup d?etat or insu. Conspiracy must be proved by clear and convincing evidence.

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&enalty6 Conspiracy to commit treason &rision .ayor and a fine not e:ceeding &7A,AAA@ &roposal to commit reason &rision Correccional and a fine not e:ceeding &4,AAA. Article 116 MISPRISION OF TREASON ) It is the failure of the citi8en to report as soon as possible a conspiracy, which comes to his knowledge, against the govt. But there must be a war in which the &hil. Govt. is a party. &ossible offender is a %ilipino , not a foreigner-. Dlements6 7- 'ffender owes allegiance to the &hil. Govt.@ 9- %ilipino <- 0as knowledge of a conspiracy to commit treason against said govt.@ $ =- Conceals or fails to disclose the same to the authorities in which he resides. he offender is a principal of the crime of .isprision of reason, but he is punished as an !ccessory to the crime of reason. ;nder !rt. 9A relatives who are accessories are e:empt from criminal liability. ;nder this article, this e:emption does not apply because of three , < - reasons6 7- this !rticle is of special application, while !rt.9A is of a gen. application. 9- security of the state is more paramount than mere relationship@ and <- the offender commits the distinct crime of .isprision of reason wJc is a separate and distinct crime. Article 117 ESPIONAGE ) his crime is not conditioned by the citi8enship of the offender and is an 'ffense against national security , #antos vs. .isa 2A &hil. =74-. Dlements of act no.76 7- he offender without any authority enters a warship, fort, naval or military establishment or reservation@ and 9- 0e obtains information, plans, photographs, or other data of a confidential nature relative to the defense of the &hilippines. Dlements of act no. 96 7- he offender is a public officer @ 9- 0e has in his possession article, data, or information which are confidential relative to the defense of the &hil. Govt.@ <- 0e discloses their contents to a representative of a foreign nation. In the first act, it is not necessary that the offender succeeds in obtaining the data. his provision is amended under C! 575 , seven acts -. +istinguish reason from Dspionage6 7- reason is a war crime@ Dspionage can be committed in time of peace or war@ 9- reason is committed by person who owes allegiance to a country@ while Dspionage can be committed by a foreigner or filipino. <- Kays of committing the crime are distinct. &enalty %irst act &rision Correccional #econd act higher by ne:t degree bec. the offender is a pub. 'fficer. Article 118 INCITING TO AR OR GI!ING MOTI!ES FOR REPRISALS Dlements6 7- he offender commits unlawful or unathori8ed acts@ and 9- #aid acts provoke or give occasion for a war involving or liable to involve the &hils. or e:pose %ilipinos to reprisals on their persons or property. his is committed in time of peace. &enalty &rision .ayor if the offender is a private individual@ *eclusion emporal, if the offender is a public officer. Article 11" !IOLATION OF NE#TRALITY his is committed in time of war. Dlements6 7- here is a war in which the &hilippines is not involved@ 9- Competent authorities have issued regulations to enforce neutrality@ and <- he offender violates any of said regulations. &enalty &rision Correccional Article 1$% CORRESPON&ENCE IT' 'OSTILE CO#NTRY

Dlements6 7- hat there is a war in which the &hilippines is involved@ 9- hat the offender shall have correspondence with an enemy country or territory occupies by enemy troops@ and <- hat said correspondence is6 a- prohibited by the govt. , &rision Correccional-@ b- carried on ciphers or conventional signs ,&rision .ayor-@ and c- notice or information be given thereby which might be useful to the enemy ,*eclusion emporal- or intended by the offender to aid the enemy ,*eclusion emporal to +eath-. If the act is intended to aid the enemy, this is treasonable in nature, hence the penalty is severe as in reason, but in proving it, the two)witness rule does not apply. Article 1$1 FLIG'T TO ENEMY(S CO#NTRY Dlements 7- D:istence of war in which the &hilippines is involved@ 9- 'ffender owes allegiance to the &hils.@ <- 0e attempts to flee to enemy country which is prohibited. .ere attempt to flee is punishable. his can be committed by a foreigner who owes temporary allegiance to the government. &enalty !rresto .ayor Article 1$$ PIRACY & M#TINY &iracy is robbery or forcible depredation in the high seas, without lawful authority and done animo furandi and in the spirit $ intention of universal hostility , &eople vs. Lol)lo) =< &hil. 7>-. Kith the amendatory provision of *! 254> &iracy $ .utiny now can be committed in &hilippine waters. 'ffenders6 !ny person who is not a passenger or crew of the vessel. he offenders are strangers to the vessel. he attack against the vessel comes from the outside but the sei8ure of the cargo takes place inside the vessel. #ei8ure may be committed by persons who smuggled themselves into the vessel for that purpose. #ince they are not members of the crew nor

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passengers, they are therefor Bstrangers .B &irates are in law hostis humani generis. &iracy is a crime not against any particular state but against all mankind. &iracy knows no territorial limits, hence the offender can be tried in the place where he may be found or into which he may be carried. ,&p. vs. Lol)lo supra-. .odesJmanner of committing &iracy 7- By attacking or sei8ing a vessel on the high seas or &hilippine waters@ and 9- By sei8ing the whole or part of the cargo or eEuipment of the vessel while on the high seas or &hilippine waters or the personal belongings of its complement or passengers. 0igh seas waters on the sea coast which are without low water mark, beyond the 79 nautical miles ,!rchipelagic +octrine on the Laws of the Conference of the #ea-. .eaning of vessels #ec. 9 ,b- of &+ 4<9) any watercraft, such as banca or raft or fishing boats. In &+ 4<9) piracy can be committed by a passenger or member of the complement of said vessel in &hil. Katers. 0owever, under the amendatory provision of *! 254>, it is specifically provided that the offender is aC person who is not a member of its complement nor a passenger of said vesselC Being the latest amendment the latter should prevail. &iracy is committed whether the vessel is anchored or moving as long as it is committed aboard the vessel, because it can now be committed in &hilippine waters. .; I"I is an unlawful resistance to a superior officer as the raising of commotions and disturbance on board a ship against the authority of its commander. +istinction between &iracy $ .utiny6 7- &) attack from the vessel comes from the outside@ .) attack are from the inside@ 9- &) there is intent to gain@ . intent to gain is immaterial #imilarity both are crimes under the Laws of the "ations. Article 1$)- *#ALIFIE& PIRACY .odes of committing it6 7- Khenever the offenders have sei8ed a vessel by boarding or firing upon the same@ 9- Khenever the pirates have abandoned their victims without means of saving themselves@ or <- Khenever the crime is accompanied by murder, homicide, physical inFuries or rape. Is there a 1ualified .utinyH !rt. 79< provides B any of the crimes referred to in the preceding article. 0ence, it embraces not only piracy but also mutiny. #o, there is such crime as 1ualified .utiny. 0owever, as far as 1ualified .utiny is concerned, only pars. 9 $ < will apply, because the offenders in par. 7 are outsiders. he .urder, 0omicide, &hysical InFuries or *ape are special aggravating $ as these accompanied the crime of 1ualified &iracyJ.utiny) hence such cannot make the crime comple:. Article 1$4- AR+ITRARY &ETENTION It is the deprivation by a public officer of the liberty of a person without any legal ground. 'ffender6 &ublic 'fficer or employee. 0e must be vested with the authority to detain or order the detention of persons accused of a crime. D:s. &olicemen $ other agents of the law, Fudges or mayors ,if committed by a private individual Illegal +etention-. But if a private individual conspired with public officers then they can be held liable for !rbitrary +etention. ,&p.vs.Camerino-. !cts6 7- 0e detains a person 9- Kithout legal grounds. Legal grounds to detain a person6 7- commission of a crime 9- violent insanity or other ailment reEuiring confinement at the hospital. In !rbitrary +etention, the detention at the very inception is unlawful because there is no warrant of arrest and there is no lawful cause as provided under the *ules of Court. *ule 77<, #ec. 46 (alid Karrantless !rrest6 7- Khen in his presence, the person has committed, is actually committing, or is attempting to commit an offense@ 9- when an offense has Fust been committed that he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it@ and <- when the person to be arrested is a prisoner who has escaped from penal establishment. Karrant of !rrest is an order in writing issued in the name of the &eople of the &hils., signed by a Fudge and directed to a peace officer, commanding him to take into custody a person who may be bound to answer for the commission of a crime. Dither6 7- actual restraint 9- by his submission "o violence or unnecessary force shall be used. +etention means deprivation or restraint of his liberty. ARTICLE 1$5, &ELAY IN T'E &ELI!ERY OF &ETAINE& PERSONS TO T'E PROPER -#&ICIAL A#T'ORITIES) the detention is legal but the public officer failed to deliver the detained persons to the proper Fudicial authorities within the prescribed no. of hours6 79 hours for crimes punishable with light penalties@ 73 hours for crimes punishable with correctional penalties and <5 hours for crimes punishable with afflictive or capital penalties ,D:ecutive 'rder 929-. his is a felony by omission. If a private individual conspire with the public official, then he can be held liable under this law. ,applying the Camerino doctrine by analogy-. Gudicial !uthority6 ) means the courts of Fustice, or Fudges of the courts vested with Fudicial power to order the temporary detention or confinement of a person charged with having committed an offense. +elivery of a detained person consists in making a charge or filing a complaint against the prisoner with the proper court. It does not mean the physical delivery of the prisoner. ! detained person upon arrest should be informed of his rights under the .iranda +octrine , *! 2=<3-. &rocedure6 #ec. 26 *ule 779) *ules of Court6 Khen a person is lawfully arrested without a warrant

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involving an offense which reEuires a preliminary investigation the complaint or information may be filed by a prosecutor without need of such investigation provided an inEuest has been conducted in accordance with e:isting rules. / : : : Before the complaint or information is filed, the person arrested may ask for a preliminary investigation, but he must sign a waiver of the provisions of !rt. 794 of the *&C, as amended, in the presence of his counsel. "otwithstanding the waiver, he may apply for bail and the investigation must be terminated within 74 days from its inception. If the filing of the complaint or information is done without preliminary investigation, the accused may, within 4 days from the time he learns of the filing of the information or complaint, may ask for a preliminary investigation with the same right to adduce evidence in his defense. &reliminary Investigation) is an inEuiry or proceeding to determine whether there is sufficient ground to engender a well)founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held liable for trial. &urposes6 7- to determine if a crime has been committed6 9- to protect the accused from the inconvenience, e:pense and burden of defending himself@ <- to secure the innocent against a hasty, malicious and oppressive prosecution@ =- to protect the state from having to conduct useless and e:pensive trials. *! 2=<3) custodial investigation involves Euestioning initiated by law enforcement after a person is taken into custody or otherwise deprived of his freedom of action. Khen the suspect is taken into custody and the police carries out a process of interrogations that tends to elicit incriminating statements, the rule begins to operate , &p. vs. an >7 #C!+-. #anche8 vs. +emetrious =5 #C!+ en banc application of actual force, manual touching of the body, physical restraint or formal declaration of arrest is not reEuired. It is enough that there is intent. Custodial investigation includes BinvitationC. *ationale of !rticle 794) is intended to prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail. %urthermore, it penali8es a public officer who shall detain a person for some legal grounds and shall fail to deliver the said person to the proper court within the period prescribed by law. In !rt. 794, the detention becomes arbitrary only when the time reEuired for the delivery of prisoner to the Fudicial authority lapses. he 79)73)7< hours do not run when the courts are not open to receive the complaint or information being filed. ARTICLE 1$6- &ELAYING RELEASE his article contemplates petitions for the release of a detained person, e.g. habeas corpus proceeding. he same penalties provided for in !rticle 79= shall be imposed upon any public officer or employee who delays for the period of time specified therein6 7- he performance of any Fudicial or e:ecutive order for the release of a prisoner or detention prisoner@ 9- ;nduly delays the service of the notice of such order to said prisoner@ or <- +elays the proceedings upon the petition for the liberation of such person. 'ffenders6 Karden, process server or Fudge. ARTICLE 1$7- E.P#LSION 7- 'ffenders &ublic officerJemployee not authori8ed by law@ 9- !ct6 a- e:pel any person from the &hil. Island@ or b- compel such person to change his address. his is a crime against constitutional rights of abode and changing the same under the Bill of *ights ,(illavicencio vs. Lukban) <> &hil-. <- &enalty &rision Correccional 'nly the &resident of the &hilippines in the e:ercise of his power of deportation and the courts after final Fudgment sentencing the accused to destierro or as a condition in his probation are authori8ed by law to e:pel or compel persons to change their abode. ! %ilipino citi8en is not subFect to e:pulsion. ARTICLE 1$8 !IOLATION OF &OMICILE, 'ffenders6 &ublic officer Dmployee) who are not authori8ed by any Fudicial order. 9- !cts6 a- enters any dwelling against the will of the owner@ b- having entered the dwelling not against the will of the owner, searched papers or other effects found therein without the previous consent of the owner. c- having surreptitiously entered the dwelling and being reEuired to leave, refused to do so. Gudicial 'rder #earch Karrant is an order in writing issued in the name of the &eople of the &hilippines, signed by a Fudge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. !gainst the will presupposes opposition or prohibition, by the owner, whether e:press or implied, when the door is locked-. If the entry is committed by a private person 1ualified respass o +welling. #pecial aggravating circumstances6 a- nighttime @ and b- if any papers or effects not constituting a crime be not returned immediately after the search. Khen a person who admitted the public officer is one with sufficient discretion, the right to privacy is waived, hence, prohibition thereafter made can no longer constitute violation of domicile. &ermission once given cannot be recalled anymore. Khen he is admitted and he starts to search, the owner must stop him, otherwise permission is given. *eason behind the law6 #ection 9, !rt. III) Constitution he right of the people to be secure against unreasonable searches and sei8ures of whatever nature for any purpose shall be inviolable L. ARTICLE 1$" SEARC' ARRANT MALICIO#SLY O+TAINE& AN& A+#SE IN T'E SER!ICE OF T'OSE LEGALLY O+TAINE& 'ffenders6 a- &ublic officer b- Dmployee 9- !cts6 a- procuring a search warrant without Fust cause@ and

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b- e:ceeding the authority or using unnecessary severity in e:ecuting a search warrant legally obtained. *eEuisites for a (alid #K6 7- !pplication under oath@ 9- &robable cause which must be determined by the Gudge himself, by conducting searching Euestions and answers, in writing and under oath@ <- the probable cause must be in connection with one specific offense@ =- must particularly described the place to be searched and the persons and things to be sei8ed@ 4- the sworn statements and affidavits of the witnesses must be attached t the records ,&rudente vs. +ayrit) l>3>he commission of any of these acts is independent of the liability for the commission of any other offenses6 7- !buse in the service of #K@ 9- #erious &hysical InFuries ,not comple: crime) 9 crimes 9 sep. penalties&enalty !. ma: to &C min. M a fine not e:ceeding &7,AAA !pplication will be filed 6 7- any court within whose territorial Furisdiction a crime is committed@ 9- for compelling reasons, any court within the Fudicial region where the crime was committed if the place of the commission of the crime is known, or any court within the Fudicial region where the warrant shall be enforced@ ,But if a criminal action has already been filed, then the application shall be filed only in the court where the criminal action is pending-.) #ec. 9 *ule 795 *evised *ules on Criminal &rocedure as amended under !dm. Circular no. 7<, 'ct. 7, l>34 and !dm. Circular no. 7>, !ugust =, l>32. #ec. 4) Ibid) he Fudge must personally e:amine the applicant in the form of searching Euestions and answer, in writing and under oath. ;nder oath can be liable of &erFury. &robable cause ) such reasons supported by facts and circs. wJc will warrant a cautious man to believe that his actions and the means used are Fust and proper,.analili vs. C!) 93A #C*!&ersonal property to be sei8ed6 7- subFect of the offense 9- stolen or embe88led and other proceeds or fruits of the offense@ <- used or intended to be used in the commission of the crime. #pecific place no discretion for the searching officers, to avoid unreasonable search and sei8ure he true test of sufficiency of an affidavit to warrant issuance of a search warrant is whether it has been drawn in such manner that perFury could be charged thereon and affiant be held for damages ,!lvare8 vs. C! 5= &hil. <<-. !n e:ception to the necessity of a search warrant Karrantless search and sei8ure6 7- #earch incident to a lawful arrest@ 9- search of a moving vehicle ,Bagista )97= #C*! 5<<- consented search ,&p. vs.Nagui .alasugui) 5< &hil. 997=- search of evidence in plain view ,.anipon,Gr. vs. #andiganbayan 7=< #C*! 952-) come upon the obF. inadvertently $ open to the eye@ 4- (iol. of ariff and Customs Code, e:cept in dwelling place , &p. vs. Lacerna) 35 #C!+ 5A35- #earch based on probable cause under e:traordinaryJe:igent circumstances) D:igent circumstance) added by Gustice &uno) catch all category)(almonte vs. (illa 723 #C*! 977@.almsted case@ angliben +istinction bt. Karrant of !rrest and #earch Karrant6 7- K! a case is already filed #K not necessarily 9- K! served anytime of the day or night #K only during daytime ,if served during nighttime) there must be a supporting affidavit of urgency@ <- K! persons #K usually for thingsJitems =- K! no lifetime ,e:c. when already served#K valid only for 7A days ARTICLE 1)1 PRO'I+ITION/ INTERR#PTION & &ISSOL#TION OF PEACEF#L MEETINGS 0PI&1 7- 'ffenders6 a- &ublic officers b- employees 9- !cts6 a- without legal grounds, shall prohibit or interrupt the holding of a peaceful meeting or dissolve the same@ Dlements6 7- meeting is peaceful) if not) official is duty bound to dissolve the same@ 9- for legal purpose otherwise !rt. 7=5 is committed) ,Illegal !ssembly<- officer is not a member thereof ,stranger- &p. vs. Calera) =4 '.G. 942<) If not stranger !rt. 932) ;nFust (e:ation . If the meeting is legislative ) !rt. 7==) &p. vs. !lipit == &hil. >7A =- disturbs the same. he right of the govt. to reEuire permit for regulatory purposes has been upheld by the #upreme Court. he regulatory purpose covers the time and place where the assembly is to be held to safeguard the right of the public $ protect them from inconvenience) *eyes vs. Bagatsing 794 #C*! $ anada vs. Bagatsing !ug. 7>3=. .eetings held by religious sect not religious ceremonies if dissolved !rt. 7<7 is violated and not !rt. 7<9) &p. vs. *eyes Guly 9, l>44 $ &p. vs. .andoriao) 47 'G =57>. he reEuiring of a permit shall only be regulatory not to prevent peaceful assemblies. he .ayors possess reasonable discretion to determine public place "avarro vs. (illegas <7 #earch in check point) between the inherent rt. of the #tate to protect its e:istence $ promote pub. welfare $ on indiv?s. rt. agst. warrantless search former shall prevail. 2- #top and frisk &osadas vs. C!) l33 #C*! 933 $ (almonte vs. (illa )723 #C*! 977) flagrante delicto. ARTICLE 1)%- SEARC'ING &OMICILE IT'O#T ITNESSES

7- 'ffender 6 &ublic officerJemployee armed with search warrant 9- !ct6 #earch a domicile in the absence of 6 a- person to be searched b- member of his family c- in their default, in the presence of two witnesses residing in the same locality ,sufficient age and discretion-) #ec. 3, *ule 795 *ev. *ules on Crim. &roc.

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#C*! <27. 'rtega does not agree to the opinion that if the mayor dictates the place it is a violation of the law. If in the beginning the assembly is peaceful, then later the participants became unruly commit the crimes) Inciting to #edition meeting now can be dissolved . &ermit is not a license to commit a crime. wo criteria6 7- +angerous endency *ule applicable during time of national unrest) e.g. prevent coups@ 9- Clear $ &resent +anger *ule applicable in time of peace@ stricter rule. b- #hall hinder any person from Foining any lawful association or from attending any of its meetings@ c- #hall prohibit or hinder any person from addressing any petition to the authorities for correction of abuses or redress of grievance. ,no subservion law *! 22<5 repealed *! 72AA l>>9ARTICLE 1)$ INTERR#PTION OF RELIGIO#S ORS'IP 7- 'ffenders6 a- &ublic officers b- employees 9- !cts6 a- &revent religious ceremonies b- +isturbing the ceremonies or manifestation of any religion <- &enalty &C) min period ) wJ threats Jviolence &C ma:. &p. vs. .oFica +ec. 9>, l>44 &riest was prevented from saying the mass Included in the religious services activities in the house wJ 9A to <A people ,prayer meetings Couples for Christ-. his refers to e:ercise of religious manifestation not Euasi) religious ceremonies) house blessings. ARTICLE 1))- OFFEN&ING RELIGIO#S FEELING 7- 'ffenders6 a- &ublic officerJemployee@ b- private individuals this is the only crime against the %undamental Laws of the #tate that can be committed by a private individual. 9- !cts6 a- "otoriously offensive to feelings of the faithful) &p. vs. Baes 53 &hil. 9A<) ,ridicule rel. dogmab- performed in a place devoted to religious worship or during the celebration of a religious ceremony. Baes cs. causing a funeral held in accordance with the rites of a rel. sect to pass through the catholic church. &p. vs. .igallos !ug. 4, l>44) stoning a minister while in the act of preaching. Khether the act is offensive notoriously is to be Fudged by the feelings of the followers and not by the offenders. 'ther acts may only consist6 ;nFust (e:ation &p. vs. amarra Guly 7, l>5<) accused played dance music when the Catholics were about to pray the rosary. &p.vs. "anoy) 5> 'G. 3A=< drunk person entered wJ uplifted hands while the congregation of the !ssembly of God was having its afternoon session and then grabbed the song leader) ;nFust (e:ation. ARTICLE 1)4- RE+ELLION OR INS#RRECTION 7- 'ffenders6 !ny person6 a- Leader who promotes, maintains or leads the rebellion. If unknown, spokesman, signatories of docs.) can be punished as leaders. ,&en. *&b- followers) ,&en.) *eclusion emporal9- !cts6 a- *emove from the allegiance of the government or its laws, or &hil. erritory or any part thereof@ b- +eprive the chief e:ecutive or legislative, wholly or partially of any of their powers. <- Dlements6 a- public uprising ,rising publiclyb- taking up arms &urpose6 to overthrow the duly constituted authority in order to establish another form of government. ) Crime of the massesJ multitude ) vast movement of men and a comple: net of intrigue and plots his is a crime against &ublic 'rder &p. vs. !suncion !pril l>>9. If the acts of killing are not shown to be with political end or political order) not *ebellion6) 'ff. 'f the &rov. &ros. vs. C!) +ec. 9AAA@ &p. vs. 'mpad) 9<< #C*! l>>= Baylosis vs. Chave8) 9A9 #C*! l>>) pub. &rosecutor has the choiceJ discretion to choose what crime to file. "o comple: crime of *ebellion with .urder, !rson, *obbery or other serious Crimes, committed as a means to or a furtherance of the rebellion Dnrile vs. #ala8ar) 735 #C*! l>>A. ARTICLE 1)4-A- CO#P &(TAT7- Dlements6 a- swift attack accompanied wJ violence, intimidation, threat, strategy or stealth@ b- directed against military campJinstallations, communications, public utilitiesJ facilities@ 9- 'ffenders6 !ny person or persons belonging to the military, police or public officer wJ or wJo civilian support. <- &urpose sei8e or diminish state powers. +istinction between * $ C6 7- Dssence of the crime *) rising publicly $ taking up arms against the govt. C) swift attack against govt.J mil. institutions, communication facilities, pub. ;tilities essential in the e:ercise of govt. powers@ 9- "o. of offenders6 *) involves multitude of people C) committed singly or collectively

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<- 'ffenders6 *) perpetrated by any person ,doesn?t reEuire to be mil., police !%& or public officer@ C) principal offenders are members of !%&, &"& or public officers wJ or wJo civilian support@ =- &urpose6 *) overthrow the govt. C) destabili8ing or immobili8ing or paraly8e the e:isting govt. $ taking over some facilities which are needed for the e:ercise of govt. powers@ 4- 0ow committed6 *) through force $ violence C) not only through force or violence but also threats, intimidation, #trategy or stealth@ ;tility workers cannot commit coup d?tat. ARTICLE 1)5- PENALTY FOR RE+ELLION/ INS2 3r CO#P &(TATARTICLE 1)6, CONSPIRACY AN& PROPOSAL TO COMMIT CO#P &(TAT/ RE+ELLION OR INS#RRECTION ARTICLE 1)7, &ISLOYALTY OF P#+LIC OFFICERS OR EMPLOYEES ,By failing to resist a rebellion or continuing to discharge the functions of their officeARTICLE 1)7,INCITING TO RE+ELLION OR INS#RRECTION7-'ffender6 !ny person 9-Dlements6 a- 'ffender must not take up arms or is not in open hostility against the govt.@ b- Incite other to commit rebellion or insurrection@ c- means employed are speeches, writings, emblems, or any similar means. he purpose of the meeting is always illegal as it is held to incite persons to commit rebellion. ARTICLE 1)8, SE&ITION, 'ffender6 a-!ny person b- &ublic 'fficers ,&p.vs. Cabrera) =< &hil. 5=-. In this crime, there is public and tumultuous uprising in order to attain by force, intimidation, or any other means outside of legal methods, the following obFectives6 7- o prevent the promulgation or e:ecution of any law or the holding of any popular election@ 9- o prevent the "ational Govt., or any provincial or municipal govt., or any public officer thereof from freely e:ercising its or his functions, or prevent the e:ecution of any administrative order@ <- o inflict any act of hate or revenge upon the person or property of any public officer or employee@ =- o commit, for any political or social end, any act of hate or revenge against private persons or any social class@ 4- o despoil, for any political or social end, any person, municipality or province, or the "ational Government of all its property or any part thereof. #D+I I'") involves disturbance of public order resulting from a tumultuous uprising. he ultimate obFect of sedition is a violation of the public peace or at least such a course of a measure as evidently engenders it ,&p. vs. &ere8 =4 &hil. 4>>-. #edition is a crime of dissent or protest by means outside of legal methods. It is done in e:cess of the legal means authori8ed under the freedom of e:pression and of assembly under the Constitution. .urder is not an obFect of #edition. #o, if the accused fired upon a truck killing several persons, including two policemen, it not being shown that the purpose was to prevent the policemen from performing their functions or to inflict an act of hate or revenge upon their persons, #edition is not committed, but .ultiple .urder ,&p. vs. .endo8a L)7927).ay 4, l>4A-. Khen disorderly conduct occurs during a rally, will it bring about the crime of #editionH #uch instances of disorderly conduct by individual members of the crowd should not be sei8ed as an e:cuse to characteri8e the assembly as a seditious and tumultuous uprising against the authorities and render illusory the right to peaceably assembly. It is rather to be e:pected that more or less disorder will mark the public assembly of the people to protest against grievances whether real or imaginary, because on such occasion, feeling is always wrought to a high pitch of e:citement, and the greater the grievance and the more intense the feeling, the less perfect, as a rule, will the disciplinary control of the leaders over the irresponsible followers. But if the prosecution be permitted to sei8e upon every instance of disorderly conduct by individual members of a crowd as an e:cuse to characteri8e the assembly as a seditious and tumultuous uprising , then the right to assembly and to petition for redress of grievances would become a delusion and snare the attempt to e:ercise it on the most righteous occasion and in the most peaceful manner would e:pose all those who took part therein to the severest and most unmerited punishment, if the purposes which they have sought to attain did not happen to be pleasing to the prosecuting authorities ,+issenting 'pinion of Gustice eehankee, citing ;.#. vs. !purado in *eyes vs. Bagatsing, "ov. l>3<-. here is no comple: crime of #edition wJ .urder nor is .urder absorbed in #edition. #edition $ .urder are two separate crimes ,&p. vs. Namlon) > #C*! 949-. +istinctions between *ebellion $ #edition6 7- &urpose6 *) overthrow the duly constituted govt.@ #) maybe political or social for carrying out protest or disobedience from a govt. action and not for the purpose of overthrowing the govt. 9- *)use of firearm is essential. It is an ingredient.@ #) ;se of firearm is not an essential ingredient. ,0owever in *! 39>=, #edition is included among the crimes which absorb the use of unlicensed firearm as an element thereof-@ <- he offender cannot be prosecuted for Illegal &ossession of %irearms because this is absorbed in the crime of *ebellion@ #) "ow offenders can no longer be prosecuted for Illegal &ossession of %irearms bec. of *! 39>=. D:s. 7- #houting that the head of the governor be cut off ,&p. vs. &ere8)supra9- Inciting the constabulary to use their weapons against their commanders ,&p vs. %eleo 4> &hil. =47+angerous endency *ule rather than the clear and present danger rule is being adopted here. ART214)- ACTS TEN&ING TO PRE!ENT T'E MEETING OF T'E ASSEM+LY AN& SIMILAR +O&IES2 Dlements6 7- #cheduled meeting of the "at. !ssembly, or any of its committees or subcommittees, constitutional commissions, or committees or divisions thereof, or of any provincial board, city council or municipal council of board sim. bodies@ 9- the offenders prevent such meeting by force or fraud@ &enalty) &rision correccional or a fine ranging from 9AA to 9,AAA pesos or both@ ARTICLE 144 - &IST#R+ANCE OF PROCEE&INGS Dlements6 7- !n actual meeting of the "ational !ssembly or congress of the &hils., or any of its committees, or sub)committees, etcL,provincial board, city or municipal council $ sim. bodies@ 9- the offender commits any of the following acts6

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a- disturbing said meeting@ b- behaving in the presence of said board in such a manner as to disrupt its proceedings or to impair the respect due it. he accused may also be punished for contempt ,Lope8 vs. +e Los *eyes)44 &hil. 72A-. ARTICLE 145, !IOLATION OF PARLIAMENTARY IMM#NITY6 !cts punished6 7- ;sing force, intimidation, threats or fraud to prevent any member of Congress from6 a- attending any of its committees@ b- e:pressing his opinions@ or c- casting his votes@ 9- !rresting or searching any member thereof while Congress is in regular or special session e:cept in case such member has committed a crime punishable under this Code by a penalty higher than &rision .ayor. 'ffender6 !ny person or public officer. &arliamentary immunity does not mean e:emption from criminal liability e:cept from a crime that may arise from any speech that the member of congress may deliver on the floor during a regular or special session. ARTICLE 146- ILLEGAL ASSEM+LIES) .eeting) a gathering or group, whether in a fi:ed place or moving. Ninds of Illegal !ssemblies6 7- ! meeting attended by armed person for the purpose of committing any of the crimes punishable under this Code@ 9- ! meeting in which the audience is incited to the commission of the crimes of reason, *ebellion or Insurrection, #edition or !ssault upon a person in authority or his agent. &ersons liable6 7- 'rgani8ers or leaders@ and 9- hose merely attending. &enalties6 'rgani8ers or Leaders &C in its ma:. per. to &. in its med. per. hose merely attending) !rresto .ayor, e:cept if they are armed ) &C Khen a person carries unlicensed firearm in said meeting, it shall be presumed that6 leader@ b- purpose is to commit acts punishable under this Code. a- he is the Dlems. of the first kind of +!6 a- hat there be no public uprising@ b- %orce or intimidation is employed@ $ c- o attain any of the purposes of *ebellion or #edition ,&p. vs. Gingco) +ec. <7, l>54-. his kind of +! is in reality *ebellion or #edition short of public uprising, and is therefore, very rare. Dlems. of the 9nd kind of +!6 a- "o public uprising@ b- 'ffender attacks or employs force or seriously intimidates or seriously resists another@ c- 'ffended party is a person in authority or his agents@ d- 'ffended party was assaulted while in the performance of official duties or on the occasion of such performance@ and e- 'ffender knows that the person assaulted is a person in authority or his agent. he second kind of +! is committed in four ways6 a- by attacking@ b- by employing force@ c- by seriously intimidating@ or d- by seriously resisting a person in authority or his agent. he felony becomes Eualified if the offender6 a- uses a weapon@ b- is a public officer or employee@ and c- he lays hand upon the person in authority. B!ttackC is any offensive or antagonistic movement or action of any kind. D:. +rawing of a pistol from the holster at the hip and the aiming of that pistol at a person ,&p. vs. Ladena) G.*. "o. 5AA3) *-. BIntimidateC to frighten or instill fear. B*esistC to e:ert force in opposition, or manifest intention to defy. &erson in !uthority) , !rt. 749)par. 7)*&C- any person directly vested with Furisdiction, which means the power or authority to govern and e:ecute the laws-. D:. he authority vested upon the Fudges to administer Fustice and render Fudgment. ,&p. vs..endo8a) 44> &hil. 75<-. !gent of person in authority) ,!rt. 749)par. 9- any person who by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order. D:. &olice 'fficers 'ther e:s. of persons in authority6 Barangay Captains, Lupon .embers $ Brgy. Councilors ,Local Govt. Code-),&p. vs. #ion) !ugust l>>2-@ eachers ,.agna Carta for eachers-. BIn the performance of official dutiesC refers to the legitimate e:ercise of the functions of the person in authority. he duties must be performed according to law. B'n the occasion of such performanceC means the impelling motive of the attack is the performance of official duty. he words Bon occasionC signify BbecauseC or Bby reason ofC the past performance of official duties even if at the very time of the assault no official duty was being discharged ,Gusto vs. C!-. B o lay hands upon a person in authorityC is to inflict upon him physical inFury. D:. #trike him with the hands@ choke or suffocate him. enumerated in the crimes of *ebellion or #edition@ and 9- By attacking, employing force, 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 said performance.

ARTICLE 147- ILLEGAL ASSOCIATIONS6 Ninds of Illegal !ssociations6 7- hose totally or partially organi8ed for the purpose of committing any crimes punishable under the Code@ 9- hose totally or partially organi8ed for some purpose contrary to public morals. &ersons liable6 a- %ounders, +irectors or &resident@ b- .embers. B&ublic .oralsC refer to acts that affect the interest of society and public convenience. It is not confined to limited concept of Bgood customsC and covers a system of Fudicial precepts founded on human nature that regulate public convenience. It refers to acts that are in accordance with natural and positive laws. he gravamen of the offense is the forming of an asso. for the purpose of criminal activities prohibited by the Code or special laws against public morals or any act preFudicial to public welfare. ARTICLE 148, &IRECT ASSA#LT) here are two kinds of +!6 7- Kithout public uprising, by employing force or intimidation to attain any of the purposes

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&en. &C in its min. $ med. periods $ a fine not e:ceeding &4AA. +! is a crime brought about by the spirit of lawlessness displayed in the commission of the act. It will arise when the act committed is indicative that the offender is utterly lawless or against the rule of law. Khen an attack is made to a person in authority while in the performance of his duty, the crime is +!, whatever his reason may be for attacking . If made when the officer is off)duty, the offender?s reason for the attack should be e:amined. If the attack is related to the past performance of duty, then there is +!@ otherwise, none. 0ence, motive becomes material in the proper determination of the offense committed. Generally, the offender must be aware that the offended party is possessed of authority. 0ence, if he does not know that the offended party is a public officer, +! is not committed. his is subFect, however, to the rule of Bignorance of the law e:cuses no oneC 6 whether the public officer is a person in authority ,&!- or an agent of a person in authority ,!&!-, within the meaning of !rt. 749 is a Euestion of law, ignorance of which is not e:cused. hat means, that the offender does not have to know that he is included in !rt. 749 as long as he knows that he is a public officer. By virtue of !rt. 749, any person ,civilian- who comes to the aid of a &! becomes an !&!. If the victim of the +! is a &! and a civilian aids him, the latter becomes an !&!. &p. vs. #alvador Gingco) G.*. "o. A4927)C*) *icardo Gon8alodo, public school teacher in the .atabang Dlementary #chool of alisay, "egros 'ccidental, sustained inFuries in the hands of Gingco and his wife in the afternoon of 'ct. <7, l>5<, Fust outside the classroom where Gon8alodo was holding his class as a result of the attempt of the appellant and his wife to collect the debt of Gon8alodo. he #C ruled that there was no +!. Gon8alodo came out of the classroom voluntarily@ he went where, as a teacher during class hour, he had no business to be, although he was within the school premises, and so he was not in the performance of his duty. hus Gingco cannot be convicted of the crime of +! upon a &! under !rt. 7=3. %orce must be employed to defy the authorities. he force must be serious and must be of such a character as to show contempt for authority. Casual force which usually accompanies resistance or disobedience to authorities is not sufficient. It has reference to something more dangerous to civil society. +! may be comple:ed with common crimes. #o there can be +! wJ .urder, +! wJ %rustrated .urder, +! wJ !tt. .urder, +! wJ #erious &hysical InFuries, +! wJ Less #erious &hysical InFuries. But if the inFury is only slight, then this is absorbed in the crime of +!. &enalty6 &C in its minimum period $ a fine not e:ceeding &4AA ordinary +!. If Eualified6 &C in its medium $ ma:. periods and a fine not e:ceeding &7,AAA. ARTICLE 14"- IN&IRECT ASSA#LTS) Dlems6 7- +! is committed against an agent of a person in authority@ 9- the offended party comes to the aid of said agent of a person in authority@ and <- offender uses force or intimidation upon said offended party. ;nder *! 7>23, a private person who comes to the aid of a person in authority becomes an agent of a person in authority. If such private person is himself assaulted, while coming to the aid of a person in authority, +! is committed. 0owever, if a private person who comes to the aid of an agent of a person in authority on the occasion of a direct assault being committed against the latter, is assaulted, Indirect !ssault is committed. #triking a policeman in the breast who was arresting the offender constitutes simple resistance , ;.#. vs. abiana) <2 &hil. 474-. +istinction bt. +! $ *esistance6 7- +!) offended party is assaulted while in the performance of his duties or by reason thereof@ * or +) the officer must be in the discharge of his duties@ 9- +!) resistance must be serious@ * or + resistance is not serious, i.e. wJo manifest intention to defy authority of the law. ARTICLE 15$ PA & APA ARTICLE 15)- T#M#LTS & OT'ER &IST#R+ANCES OF P#+LIC OR&ERS, Ninds6 7- Causing serious disturbance in a public place, office or establishment@ 9- interrupting or disturbing public performances, functions, gatherings or peaceful meetings, ARTICLE 15% &ISO+E&IENCE TO S#MMONS ISS#E& +Y T'E NATIONAL ASSEM+LY/ ITS COMMITTEES OR S#+COMMITTEES/ +Y T'E CONSTIT#TIONAL COMMISSION/ ITS COMMITTEES/ S#+COMMITTEES OR &I!ISIONS7-!cts punished6 a- +isobedience wJo legal e:cuse to summons issued by the "ational !ssembly ,now Congress- or any of its committees or subcommittees@ b- refusal of any person present before a legislative or constitutional or official to6 i- be sworn or placed under affirmation@ ii- to answer any legal inEuiry@ iii- to produce any books, papers, documents, or records in his possession when reEuired to do so by said bodies in the e:ercise of their functions. 9- &ersons liable6 a- !ny person who commits any of the above acts@ b- any person who6 i- restrains another from attending as a witness@ ii- induces him to disobey a summon@ iii- who induces him to refuse to be sworn in by such body. !ny of these acts may also constitute contempt of Congress and could be punished as such independent of the criminal prosecution ,Lope8 vs. de Los *eyes) 44 &hil. 72A-. #uch power must be considered implied or incidental to the e:ercise of legislative power or necessary to effectuate said power , !rnault vs. Balagtas <7 '.G. =A72-. ARTICLE 151- RESISTANCE AN& &ISO+E&IENCE TO A PERSON IN A#T'ORITY OR AGENTS OF S#C' PERSONDlements6 7- here is no direct assault, indirect assault, or disobedience to summons issued by Congress@ 9- the offender resists or seriously disobeys a person in authority or his agent@ and <- at the time of said resistance or disobedience, the person in authority or his agent is in the performance of his duties. #imple disobedience) if the resistance to the person in authority or agent is not of a serious nature. D:. Khere the accused during a strike laid down on the road as human roadblocks and thereafter disobeyed and resisted an order of an agent of a person in authority to clear the road, this crime is committed , &p. vs. .acapuno) 43 '.G. =>34-.

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provided the act is not included in !rts. 7<7 $ 7<9@ <- making any outcry tending to incite rebellion or sedition in any meeting, association or place@ =- displaying placards or emblems which provoke a disturbance of public order@ 4- burying wJ pomp the body of a person who has been legally e:ecuted. 1ualifying circumstance in nos. 7 $ 9 when committed by more then < armed persons ,at least = or provided wJ means of violence such as stones, sticks, etc. in which case, the crime is denominated tumultuous disturbance. &ublic +isturbance) is a serious disturbance in a place where performance of public function is being held, if the disturbance is not covered by !rts. 7<7 $ 7<9 ,if the disturbance is not serious) !larms and #candals under !rt. 744-. !rt. 74< is distinguished from Inciting to *ebellion or #edition in the former, the outburst which by nature may tend to incite rebellion or sedition are spontaneous and the meeting at the outset was legal and became a public disorder only because of such outcry@ while in the latter, the meeting from the beginning was unlawful and what was uttered was deliberately calculated with malice aforethought to incite others to rebellion or sedition. &en) &ars. 7 $ 9) !.a in its med per. o &C in its min. per. $ a fine not e:ceeding &7,AAA@ &ars. < $ = !.a &ar. 4) !.a $ fine not e:ceeding &9AA. ARTICLE 154 - #NLA F#L #SE OF P#+LICATION AN& #NLA F#L #TTERANCES7- &ublishing or causing to be published by means of writing, litography, or any other means of publication as news, any false news which may endanger the public order, or cause damage to the interest of credit of the state@ 9- encouraging disobedience to the law or the duly constituted authorities, or by praising, Fustifying, or e:tolling any act punished by law, by the same means or by words, utterances or speeches@ <- maliciously publishing or causing to be published any official resolution or documents wJo proper authority, or before they have been published officially@ or =- printing, publishing or distributing books, pamphlets, periodicals, wJc do not bear the real printer?s nameJ anonymous. ARTICLE 155- ALARMS & SCAN&ALS !cts penali8ed as !larms $ #candals6 7- +ischarge of firearms, firecrackers, and other e:plosives in public places@ 9- Charivari@ <- Dngaging in nocturnal amusement disturbing the public place@ or =- !ny disturbance or scandal in public places not amounting to tumults. 'ther crimes which can arise from discharge of firearms6 7- !larms $ #candals) offender discharges a firearm in a public place but the firearm is not pointed to a particular person when discharged@ 9- Illegal +ischarge of %irearm) if the firearm was directed to a particular person who was not hit if intent to kill is not proved. <-. !ttempted .urder or 0omicide) if the person was hit, automatically, and there was intent to kill. =- &hysical InFuries) if the person was hit and inFured but there was no intent to kill. 4- hreat) if the weapon is not discharged but merely pointed to another. 5-. Grave Coercion if the threat was direct, immediate and serious and the person is compelled or prevented to do something against his will. Charivari) is a mock serenade where the offender actually disturbs the peace by using cans, pans, utensil, etc. ,breach of peaceJtranEuility-. !larms $ #candals) disturbance or noise is done in a public place@ ;nFust (e:ation) if the noise is directed to a particular person or family to cause annoyance. &en.) !.e or a fine not e:ceeding &9AA ARTICLE 156-&ELI!ERY OF PRISONER FROM -AILDlements6 7- 'ffender is a private individual@ 9- 0e removes a person confined in Fail or a penal institution or helps in the escape of such person@ and <- he means employed are violence, intimidation, bribery or any other means. 'ffender) is an outsider to the Fail, because if he is a public officer or a private person who has the custody of the prisoner and who helps a prisoner under his custody to escape, !rts. 99< $ 994 will apply, respectively. &risoner detention prisoner or one sentenced by virtue of a final Fudgment. If the person who escapes is serving sentence by virtue of final Fudgment, he commits Dvasion of #ervice of #entence ,!rt. 742-. ! detention prisoner is not liable for evasion. If the said prisoner cooperates in his removal or escapes by acts without which the removal or escape would not be reali8ed, he is liable as a co)principal under !rt. 745. ! prisoner confined in the hospital this crime is committed, if he escapes because the hospital may be considered as an e:tension of the Fail. *emoving a prisoner) to take away a person from his place of confinement wJ or wJo the active participation of the person released. o help) is to furnish him wJ material means such as ladder, rope, etc. wJc facilitates his escape. hat the accused received bribe is not an element. Khat constitutes the Eualifying circumstance is the offender?s act of employing bribery as a means of removing or delivering the prisoner from Fail. his can be committed through negligence or imprudence. &en) !.a in its ma:. per. to &C in its min, per. !.a) if other means are used. If the escape is done by taking the guards by surprise) !.a) min. per. hree ,<- kinds of Dvasion of #ervice of #entence6 !rts. 742, 743 and 74>. ARTICLE 157- E!ASION OF SER!ICE OF SENTENCE) aka BGail)breakingC Dlements6 7- 'ffender is a prisoner serving sentence involving deprivation of liberty by reason of final Fudgment@ 9- 0e evades the service of his sentence during his term of imprisonment. &en) &C in its med. $ ma:. periods. he felony is Eualified6 when the evasion takes place by6

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a- breaking doors, windows, gates, floors, walls or roofs@ b- using picklocks, false keys, disguise, deceit, violence, intimidation, or c- connivance with other convicts or employees of the penal institution. Imprisonment includes destierro) so if the prisoner enters the prohibited place, he commits evasion ,&p. vs. !bilong) 39 &hil. 729-. Dvasion of #ervice of #entence) is a continuing offense which may be prosecuted in any place where the offender may be found ,&arulan vs. +irector of &risons) L) 9347>-. If an alien is deported after having been found guilty of committing an offense and who returns to the &hils. in violation of the term of sentence, evasion of sentence is not committed because in deportation one is not sentenced to an imprisonment term and breaks Fail ,&p. vs. Lo 0ee)<5 &hil 352-. ARTICLE 158E!ASION OF SER!ICE OF SENTENCE ON T'E OCCASION OF &ISOR&ERS/ CONFLAGRATIONS/ EART'*#A4ES/ OR OT'ER CALAMITIES2 Dlements6 7- 'ffender is a prisoner serving sentence and is confined in a penal institution@ 9- 0e evades his sentence by leaving the penal institution@ <- 0e escapes on the occasion of a disorder due to conflagration, earthEuake, e:plosion, or similar catastrophe or mutiny of which he has not participated@ =- 0e fails to give himself up to the authorities wJn =3 hours following the issuance of a proclamation by the chief D:ecutive regarding the passing away of the calamity. ;nder the principle of BeFusdem generisC only circumstance of similar nature will apply. .utinyJriots are not included. Dvasion lies in the failure to return, not in leaving the penal establishment because leaving the penal institution is encouraged in cases of disorders. his is shown by the fact that there is premium for those who leave and thereafter return after the disorder ceases. hus6 7- Leaving without returning within the time period prescribed 7J4 addition to the remaining sentence which should not be more than 5 mos., that is6 7J4 of the balance of the sentence or 5 mos. whichever is lesser@ 9- not leaving) no deduction@ pen. as is. <- leaving and thereafter returning within the time period prescribed) 7J4 deduction from his sentence as provided under !rt. >3. ,original sentence favorable to the accused-. ARTICLE 15"- OT'ER CASES OF E!ASION OF SER!ICE OF SENTENCE- he penalty of &C in its min. per. shall be imposed upon the convict who, having been granted conditional pardon by the Chief D:ecutive, shall violate any of the conditions of such pardon. 0owever, if the penalty remitted by the granting of such pardon be higher than 5 yrs., the convict shall then suffer the une:pired portion of his original sentence. *emedies of the state if conditions of pardon are violated6 7- Gudicial remedy by prosecution of offender under !rt. 74>@ 9- !dministrative remedy by ordering arrest and reincarceration of the offender under 5=,i- of the *evised !dministrative Code. (iolation of conditional pardon is an evasion of service of sentence because when the prisoner accepted the condition, no matter how onerous, he must respect the condition. 'therwise, he is deemed to have accepted the conditional pardon only to get out of prison or otherwise be relieved of the penalty. Conditional pardon is a contract between the Chief D:ecutive and the convict. It is not perfected unless accepted. (iolation of conditional pardon is not a public offense in the strict sense of the word, for it does not cause harm or inFury to the right of other persons nor it disturb the public order. Khile evasion of service of sentence is a public offense ,!lvare8 vs. +ir. of &risons) 3A &hil. =<-. !rt. 74> defines a distinct and substantive felony. he convict who is regarded as having violated the provision thereof must be charged, prosecuted and convicted by final Fudgment before he can be made to suffer the penalty prescribed in said article , orres vs. Gon8ales) Guly 9<, l>32-. ARTICLE 16%- *#ASI-RECI&I!ISM ) Commission of another crime during service of penalty imposed for another offense. Dlements.6 7- 'ffender is convicted by final Fudgment of a felony or an offense@ and 9- 0e commits another felony before beginning to serve such sentence or while serving the sentence. !rt. 75A applies although the ne:t offense is different in character from the first offense for which the defendant is serving sentence ,&p. vs. Iabut)43 &hil. =>>-, and it makes no difference whether the crime for which an accused is serving the sentence at the time of the commission of the offense charged falls under the *&C or under #&L. he second offense, however, must be a felony punished under the *&C. he severe penalty imposed on Euasi)recidivism is Fustified because of his perversity and incorrigibility ,&p. vs. &eralta, et al.)'ct. 9>, l>53-. If a person is convicted of a crime committed while serving sentence of a previous crime, he shall be sentenced to the ma:imum of the penalty prescribed b law without regard to the presence or absence of mitigating or aggravating circumstances or the complete absence thereof ,&p. vs. Bautista) Guly 94, l>25-. Khen the Euasi)recidivist reaches the age of 2A, he may be pardoned unless he is a habitual delinEuent. 1uasi)recidivism) is a special aggravating circumstance and cannot be offset by any mitigating circumstance ,&p. vs. !ling) >5 #C*! =29 $ &p. vs. ampas) >5 #C*! 59=-. CRIMES AGAINST P#+LIC INTEREST, !rticle 757) Counterfeiting the great seal of the Govt. of the &I, forging the signature of the Chief D:ecutive ,not %alsification-. !rticle 759) ;sing forged signature or counterfeit seal or stamps. !rticle 75<) .aking and Importing and uttering false coins ,pen. depends upon whether the coin is gold or silver or ten)centavo denomination, or of minor coinage or that of the foreign country-. !rt. 75< does not reEuire that the coins counterfeited be of legal tender or even if the coins are withdrawn from circulation. *eason6 It is not alone the harm caused to the public by the fact that it may go into circulation but the danger that the counterfeiter produces by his act or if foreigner, by his stay in our country, and the possibility that he may counterfeit coins of legal tender. Counterfeiting) to imitate a coin that is genuine. he criterion is that the imitation must be such as to deceive an ordinary person in believing it to be genuine. If the imitation is so imperfect that no one may be deceived, the felony cannot be consummated. Importing) to bring into the port even before the coins are entered in the Customs 'ffice.

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;ttering of coins) to circulate, to pass on. ARTICLE 164- M#TILATION OF COINS is to diminish by ingenious means the metal in the coins. he coins in this case must be of legal tender. he offender takes advantage of the metal he abstracted. ARTICLE 165- SELLING OF FALSE OR M#TILATE& COINS/ penali8es possession of false coins wJ intent to utter. IT'O#T CONNI!ANCE- his +ocument) any written instrument by which a right is established or an obligation is e:tinguished ,&p. vs. .oreno <3 '.G. 77>-, or every deed or instrument e:ecuted by a person by which some disposition or agreement is proved, evidenced or set forth ,&p. vs. "illosEuin) =3 '.G. ==4<-. he writing must be complete, otherwise, there is no falsification , &p. vs. +ava)#ept. l>>7-. NI"+# '% +'C;.D" # 7- &ublic document any instrument notari8ed by a notary public or competent public official with the solemnities reEuired by law ,Cancio vs. Baens) 4 &hil. 2=9-@ or one that has become part of public record. i.e.6 +eed of #ale@ +eed of .ortgage@ 'fficial *eceipt, Cash book, *esidence Certificates, *esolutions and +ecisions of +'G, 'mbudsman $ Gudges. 9- 'fficial document any instrument issued by the government or its agents or its officers having the authority to do so and the offices, which in accordance with their creation, they are authori8ed to issue. he officers must issue the document in the performance of their duties. i.e.6 *esolutions, decisions of +'G, 'mb. !nd Gudges, *egister of !ttys. <- &rivate document every deed or instrument e:ecuted by a private person without the intervention of a notary public or of any other person legally authori8ed, by which document some disposition or agreement is proved, evidenced or set forth. i.e6 &romissory notes. =- Commercial document) any instrument e:ecuted in accordance with the Code of Commerce or any mercantile law containing disposition of commercial rights or obligations. i.e.6 Bill of D:change, Letters of Credit, Checks, 1uedans, !irway Bills. Kritings which do not constitute documents6 7- +raft of a municipal payroll, which is not yet approved &p. vs. Camacho)== &hil. 333 9- .ere blank forms of official documents ,&p. vs. #antiago) =3 '.G. =4443A-. <- &amphlets or books ,&p. vs. !gnis)=2 &hil. >=4-. =- Invoices or cash disbursement vouchers. Khen may a private document become a public or official doc.H Khen it becomes a part of the public or official records, it partakes of the nature of a public or official document. #o, if the falsification is committed on such document, that is, when it is already part of the public record, the crime is %alsification of &ublic of 'fficial +ocument. But if the falsification is committed before such document became part of the public or official record, the crime is %alsification of a &rivate +ocument ,;.#. vs. "ieto) 5 &hil. 439-.0owever, if such private document is intended to become a part of the public record, even though falsified prior thereto, %alsification of a &ublic +ocument is committed. D:. he civil service e:amination paper before it becomes a part of the files of the Civil #ervice is a private document. If falsified then, the crime is %alsification of a &ublic +ocument. Is falsification committed if the document is simulatedH Ies, falsification may be committed even if the public document is simulated or is not in the official form. %alsification by 'mission he accused, a bookkeeper at an army post e:change, who deliberately falsified the ledger by not recording in his own personal account the chits for articles Bought by him from the store of &ost D:change commits falsification by omission ,&p. vs. +i8on) =2 &hil. <4A-. %!L#I%IC! I'" 0*';G0 *DCNLD## I.&*;+D"CD) he failure of the accused, a notary public, to ascertain the identities of the supposed applicants, in relation to the applications presented to him for ratification, and to verify whether they were really owners of the *esidence Certificates e:hibited to him, and relying completely upon the assurances of his co)accused, constitute reckless imprudence, pure and simple ,&p. vs. Compra) G.*. "o. L)9A53<-. But there can be no falsification

*! =92) which punishes possession of silver or nickel coins in e:cess of &4A.AA ,.ala &rohibita-. It is a measure of national policy to protect the people in general and particularly the poorer class, from the conspiracy of those hoarding silver or nickel coins and to preserve and maintain stability. ARTICLE 166- FORGING TREAS#RY OR +AN4 NOTES/ O+LIGATIONS AN& SEC#RITIES, IMPORTING & #TTERING FALSE OR FORGE& NOTES/ O+LIGATIONS AN& SEC#ITIES52 !cts punished) forging treasury notes, bank notes and certificates or other obligations and securities , certificates of deposits, bills, checks, sweepstakes ticket and lotto-. %orging bank check now %alsification of Commercial +ocument. ARTICLE 167- CO#NTERFEITING/ IMPORTING/ & #TTERING INSTR#MENTS PAYA+LE TO +EARER2 ARTICLE 168- ILLEGAL POSSESSION AN& #SE OF FALSE TREAS#RY OR +AN4 NOTES AN& OT'ER INSTR#MENTS OF CRE&IT- &ossession of false treasury or bank notes alone without intent to use it is not a criminal offense. Inebriation) circ. which may indicate lack of awareness of the false character of a bill or note, for he is hardly to be e:pected to have the presence of mind to scrutini8e every bill that is passed to him. ARTICLE 16"- 'O FORGERY IS COMMITTE&7- By giving a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document. 9- By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or signs contained therein. he subFect of the forgery should be treasury or bank notes. If the subFect of a forgery were a document other than these, the crime would be falsification. ARTICLE 17%- FALSIFICATION OF LEGISLATI!E &OC#MENTS- committed by any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either 0ouse of the Legislature or any provincial board or municipal council. 'ffender any person. .ust not be a public official entrusted with the custody of the documents, otherwise !rt. 727 will apply. he alteration must have the effect of changing the meaning of the document. &+ 9=2) punishes any person who willfully defaces, mutilates, tears, burns or destroys, in any manner whatsoever, currency notes or coins. &enalty) %ine of not more than &9A $Jor imprisonment of not more than 4 years. %!L#I%IC! I'" '% +'C;.D" #

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of a private document through reckless imprudence as that will be inconsistent with the element of intent to cause damage in said crime. Khat is penali8ed in %alsification of &ublic +ocumentH violation of the faith and trust of the public and the destruction of the truth as therein solemnly proclaimed. he revocation of a falsified document is immaterial to the guilt of the one charged with %alsification. 9- Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate@ <- !ttributing to persons who have participated in an act or proceeding statements other than those in fact made by them@ =- .aking untruthful statements in a narration of facts@ Dlements6 7- 'ffender is a public official, employee, notary public or ecclesiastical minister@ 9- 0e takes advantage of his official position@ and <- 0e falsifies document by any of the 3 ways enumerated in !rticle 727. &ublic 'fficer ,!rticle 9A<) *&C-) is any public servant from the highest to the lowest who is performing service to the government or any of its branches or instrumentality. 0e is holding his public office by virtue of the provision of law, by election or by appointment by a competent authority and performs public duties as a subordinate official, employee or agent of any rank or class. Dight acts6 7- C';" D*%DI I"G '* I.I ! I"G 0!"+K*I I"G, #IG"! ;*D '* *;B*IC) imitation of the original handwriting or signature. It is not necessary that the imitation be perfect. It is enough that there be an attempt to imitate, and that the two signatures, the genuine and the forged, bear some resemblance to each other. he document need not be an authentic official paper ,Castillo vs. #andiganbayan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amples6 7- &ayroll of a Clean and Green).ayor .aamo cs. "ames !mt. #ignature Guan Cru8 7,AAA ,sgd&edro Buta 7,AAA ,sgd#ignatures appearing therein are not that of Guan and &edro as both are already dead. !cts) CounterfeitingJfeigning the signatures $ causing it appear that these persons participated in an act, when in fact they did not. Intent to gain or damage is immaterial in %alsification of &ublic +ocument ,!lcantara vs. #andiganbayan) Guly <, l>>9-. &p. vs. .anansala) ,7A4 &hil. 794<-) It is an established rule that when a person has in his Crimes committed) 7- If the money was already with the mayor and the act of falsification was used to hide the misappropriation of the public funds two crimes6 .alversation of &ublic of &ublic %unds and %alsification of &ublicJ'fficial +ocument. 9- If the falsification of the payroll was a means to be able to get the money, then this is a comple: crime of .alversation &ublic %unds hru %alsification of &ublicJ'fficial +ocument. 9- Land Bank of the &hils. Check ,LB&-)GacEueline Lim cs.6 'riginal entries of the check is for & 9,AAA, then changed this to & 99,AAA. <,AAA, to & <<,AAA otal loss &5.. !cts)no. <,= $ 5 Crime6 .alversation of &ublic %unds hru %alsification of a Commercial +ocument. <- +ecision in a #pecial &roceeding) &rosecutor made alterations, by changing the number of the case, title and names of parties and date, and counterfeited the signature of the Fudge ,!ntiEue cs.-. !cts) nos. 7,<,=,4 $ 5. Crime) %alsification of &ublic +ocument. =- %alsification of the duplicate and triplicate copies of an '* ,Cebu City 0all cs.-6 !cts) nos.<,=,5 Crimes) if the falsification was used to hide the act of malversation two crimes of .alversation of &ublic %unds $ %alsification of &ublic +ocument. If used as a means to obtain the money) comple: crime of .alv. 'f &ublic %unds hru %alsification of &ublicJ'fficial +oc. =- %alsification of &romissory "ote) %alsification of a &rivate +ocument. 4- Local Civil *egistrar) issued a certified true copy of a birth certificate, marriage certificate or death certificate !ct) no. 2. 5- Changing the date of arrest by the police officers to avoid possible viol. of !rt. 794 *&C. !ct no. 4 2- Dmployee of the LG; was teaching in a Catholic school. 0is schedule was from 26<A to >6AA am. ,shown in his school + *-. !t the same time, his + * at the LG; showed that he was at his office at 36AA to >6AA am. In the afternoon, his + * showed that he was at his office at the LG; up to 46AApm. But his school + * showed he was at the school at =6<A to 56AApm ,!ntiEue cs-6 !ct6 "o. 7. 3- Govt. employee placed in his l>>> #!L)" that he had only &<A,AAA cash on handJbank. < banks issued Certifications that he had &4.3 .illion time deposit. !ct no. =. Crime) %alsification of a &ublic +ocument. >- #pecial &ower of !ttorney) B,I* employee case-. he *es. Certificates were not issued by the Cebu City 0all. he notary public was not among those listed at the #C records as a duly commissioned "otary &ublic. he affiants disowned their signatures. !cts6 7, 9 and =. Crime6 %alsification of a &ublic +ocument.

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possession a falsified document and makes use of it, the presumption or inference is that such person falsified it ,&p. vs. Caubang) Gune l>>9-. %alsification by omission) where it appears that the accused in filing an application for patrolman?s e:am. stated under oath that he was never convicted for any violation of the law, which was false ,&p. vs. Cru8) .ay 94, l>5A-. !ny alteration done to correct a wrong entry is not falsification) changing the age from 9= to <=. &un8alan vs. C'.DLDC) 93> #C*!, !pril l>>3) handwriting e:pert not binding upon the cts. Khile handwriting e:perts are usually helpful in the e:amination of forged documents because of the technical procedure, resort to them is not mandatory nor indispensable ,0eirs of #evera &.Gregorio vs. C!) <AA #C*!, +ec. l>>3-. he Gudge must conduct its own independent e:amination to determine its authenticity. %alsificationJforgery cannot be presumed. It must be proven by clear, positive and convincing evidence. he burden of proof lies in the party alleging forgery ,Goven vs. Carungin) Gune 9AA9-. here is such thing as Dstafa thru %alsification of &ublic +ocument if the money involved is privately owned ,but no such crime if the document is private-. Because there is no comple: crime of Dstafa hru %alsification of a &rivate +ocument, because these two crimes , %alsification and Dstafa- have an element in common, which is intent to cause damage or the damage itself. here is no Dstafa, through deceit or fiduciary position abused, unless another has been damaged or there has been an intent to damage one. #imilarly, there is no %alsification of a &rivate +ocument in the in the &enal Code sense, unless in addition to the forgery, there is damage or intent to cause damage to another through forgery. Gust as deceit by itself is not Dstafa, so %alsification of a &rivate +ocument by itself, is not the crime of %alsification of a &rivate +ocument, without damage ,&p. vs. &aguitalan) <3 '.G. =7A-. In this situation, it must be duly considered whether the offender can misappropriate the private funds without tampering with the private document. If he can, then the crime is pure and simple Dstafa, but if he cannot misappropriate the fund without tampering with the private document, then the crime is %alsification of a &rivate +ocument ,!rt. 729-. Is good faith a defense in the crime of %alsificationH Ies. here is no falsification if the acts of the accused are consistent with good faith. D:. .isstatements or erroneous assertions in a public document. Layug vs. #andiganbayan) l<9 #C!+ !ugust 9AAA) !cc. filled up his + * despite the fact that he has no work because he was detailed in another office of which he is contesting. ART2 17$-F6l5i7ic6ti38 9: Pri;6te I8<i;i<=6l & #5e 37 F6l5i7ie< &3c2 !cts punished6 7- %alsification of any public or official or commercial document by a private individual@ 9- %alsification of a private document@ and <- ;se of such falsified document. !- %alsification of a public or official or commercial document by a private individual. *efers only to !cts 7 to 5. %alsification of a +eed of #ale by a private individual, by inserting in the genuine deed two other parcels of land. Khat was sold was only one parcel, but the vendee inserted the two other parcels ,*iveral case-. !rticle 729) !cts no. <,= and 5. Crime) %alsif. of a &ublic +oc. by a &rivate Individual. A lawyer made it appear that the judge issued a Decision, when it is not true. Acts- no. 1, 2, 4 Crime- Falsification of an fficial Document !y a "ri#ate $ndi#idual. Alta %ista case- &eader of the group of s'uatters made it appear that the mem!ers of his group recei#ed the money paid to them !y Alta %ista !y signing the pri#ate payroll, when in fact this is not true. Acts( no. 1, 2, 4 Crime -Falsification of a "ri#ate Document !y a "ri#ate $ndi#idual ) !ecause the leader falsified the payroll !y ma*ing it appear that the mem!ers affi+ed their signatures therein and then presented this to Alta %ista as his !asis to claim the money. ,se of falsified document ) -he crime punished in the last par. of Art. 1.2 /introducing in e#idence in any judicial proceedings or to the damage of another who uses such fa*e documents /is not necessarily included in the crime of falsification of a pu!lic document !y a pu!lic officer or employee or !y a pri#ate person /"p. #s. 0endo1a2. +istinction between %alsification of &ublic +ocument and %alsification of &rivate +ocument6 7- In %alsification of &ublic +ocument) mere falsification is enough@ whereas in %alsification of a &rivate +ocument, aside from falsification, preFudice to a third person or intent to cause damage is essential@ 9- %alsification of a &ublic +ocument) committed in 3 ways@ whereas in %alsification of a &rivate +ocument)cannot be committed in any of the ways specified in pars. 2 $ 3. ,!cts are only from 7 to 5-. ;se of %alsified +ocument) if used in any other proceeding, damage or intent to cause damage is material, but if it is a Fudicial proceedings, then damage is not an element. &enalty &rision Correccional) med $ ma:. per. $ a %ine not e:ceeding &4,AAA. Article 17)-F6l5i7ic6ti38 37 >irele55 c69le tele?r6@A/ & tele@A38e Be556?e5/ & =5e 37 56i< 76l5i7ie< Be556?e5 'ffenders6 !ny officer or employee of the govt. or of any private corp. Dlement6 engaged in the service of sending or receiving wireless cable, telephone messages@ utters fictitious wireless, telegraph or telephone message of any system. !ny person who shall use such falsified dispatch to the preFudice of a third party or with intent to cause such preFudice. &enalty) &rision Correccional in its medium and ma:imum period. ARTICLE 174- FALSIFICATION OF ME&ICAL CERTIFICATES/ CERTIFICATES OF MERIT OR SER!ICE 7- %irst group6 'ffenders6 &hysiciansJsurgeons in connection with the practice of his profession !cts6 Issue false medical certificate 9- #econd group6 'ffenders6 &ublic 'fficers !cts6 issue false Certificates of #ervice, good conduct or similar circumstances ,intent of gain is immaterial-. &enalty for nos. 7 $ 9) !rresto .ayor ma:. to &rision Correccional in its minimum period and a %ine not to e:ceed &7,AAA.

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<- hird group6 'ffenders6 private persons !cts6 issue false certificates. &enalty !rresto .ayor Article 175-#5i8? F6l5e Certi7ic6te5 7- 'ffender is any person 9- !cts6 a- ;ses the medical certificates, cert. of service, etc. b- knowing it to be false. &enalty !rresto .enor %alse certificates must not be confused with falsified documents under !rts. 727 and 729. here are distinctions, to wit6 7- ;se of false documents under !rts. 727 $ 729) will make the offender liable under par. < of !rt. 729@ 9- ;se of false certificates in !rt. 72=, whether in a Fudicial or any proceeding with knowledge of their falsity, will subFect the offender for prosecution under !rt. 724. Art2 176-M68=76ct=ri8?CP355e55i8? 37 I85tr=Be8t5 73r F6l5i7ic6ti382 7- 'ffender6 a- .akerJ introducer in our country stamps, dies, marks, or other instruments or impl. intended to be used in the commission of the offenses of counterfeiting or falsif. ,!rts. 727 to 72=-@ b- &ossessor wJ intention to use. 9- &en) &rision Correccional in its min $ med periods. . Article 177- #5=r@6ti38 37 A=tA3rit: 3r O77ici6l F=8cti385 7- 'ffender6 !ny person a- public officer , e:. &p. vs. 0ilvano) 49 '.G. 4=>7 a .un. Councilor continued e:ercising the functionsJduties of a .ayor despite the opinion given by the D:ec. #ec. $ &rovl. &ros. that the (ice) .ayor has the right to e:ercise said duties-. !nother e:. ! +! official who signed the +eed of +onation of a parcel of land for the use by the +ept. of !griculture and later on also signed the +eed of *evocation, is also liable under this prov. Because only the #ecretary of !griculture has the authority to do so or the *egional +irector, if given such authority by the #ec. b- private person ,person who pretended to be a BI* D:aminer-. 9- !cts6 a- Nnowingly $ falsely representing himself to be an officer, agent or rep. of any dept. or agency of the &hil. Govt. or any foreign govt.@ b- &erforming any act pertaining to any person in authority or public officer of the &hil. Govt. or foreign govt. under pretense of official position and without being lawfully entitled to do so. here must be false pretense as without it there is no such offense Gargantoni vs. &p) Gune 75, l>33) motorist who directed the traffic to unwind the same. <- &enalty &rision Correccional in its minimum to medium periods. If the functions usurped is that of a diplomatic, consular or other official of a foreign govt. *epublic !ct 24, which carries a penalty of imprisonment of not more than 4 years or a fine not e:ceeding &4,AAA. *epublic !ct no. 7A punishes any person, who with or without pretense of official position, shall perform any act pertaining to the govt. or any person in authority or public officer, without being lawfully entitled to do so. his carries the penalty of imprisonment of not less than 9 years nor more than 7A years. his law however, refers only to seditious organi8ation. Article 178- #5i8? Fictiti3=5 N6Be5 & C38ce6li8? Tr=e N6Be5 here are two acts punished in this article6 !- ;#I"G %IC I I';# "!.D#6 7- 'ffender6 any person 9- !cts6 a- using a name other than his real name@ b- fictitious name was used publicly@ c- the purpose is to6 i- conceal a crime ii- evade Fudgment iii- cause damage to public interest. D:s. Gen. umulak cs. &p. vs. 0o ee &iu) signing fictitious name in his passport. rue name one which appears in the Birth Certificate. &en) !.ayor $ a fine not e:ceeding &4AA B- C'"CD!LI"G *;D "!.D) Dlements6 i- offender conceals his true name $ other personal circumstances@ and ii- the purpose is to conceal his identity. In our Furisdiction, concealment is not only for his true name but also the other personal circumstances. &en) !.enor or a fine not e:ceeding &9AA Commonwealth !ct "o. 7=9) *egulate the use of !liases6 e:cept as pseudonym for literary, cinema, television, radio or other entertainment purposes and in athletic events where the use of a pseudonym is a normally accepted practice, no person shall use any name different from the one which was registered in the office of the local civil registrar. *ivera vs. Intermediate !ppellate Court) 7<9 #C*! =23) a common)law wife does not incur criminal liability under C! 7=9 if she uses the family name of the man she has been living with for almost 9A years, introduced by him to the public as his wife and she assumed that role and his name without any sinister motive or personal material gain in mind. #he applied for the benefits upon his death not for herself but for their son of tender age who was under her guardianship. &en) Imprisonment from 7 to 4 yrs. $ a fine from &4,AAA to &7A,AAA Article 17"- Ille?6l #5e 37 #8i73rB5 3r I85i?8i6 7- 'ffender) any person 9- Dlements6

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i- offender publicly makes use of insignia, uniform or dress@ and ii- the insignia, uniform or dress pertains to an office not held by the offender or pertains to a class of persons of which the offender is not a member. D:act imitation is not necessary. Colorable resemblance is enough) calculated to deceive, especially those who are not familiar. ;se publicly or improperly) has no right to use it. Insignia) badge. %!L#D D# I.'"I ) is a declaration under oath of a witness in a Fudicial proceeding which is contrary to what is true, or to deny the same, or to alter essentially the truth. %alse estimony reEuires a criminal intent and cannot be committed through negligence. #o, if it is due to error or good faith, it is not felonious. It could not be frustrated or attempted. *easons why false testimony is punished) %alsehood is ever reprehensible@ but it is particularly odious when committed in a Fudicial proceeding, as it constitutes an imposition upon the court and seriously e:poses it to miscarriage of Fustice. %orms of %alse estimony6 7- %alse estimony in criminal cases ,!rts. 73A 737-@ 9- %alse estimony in civil cases ,!rticle 739-@ and <- %alse estimony in other cases ,!rticle 73<-. %!L#D D# I.'"I !G!I"# 0D +D%D"+!" I" C*I.I"!L C!#D#6 !ny person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section. &en) !rresto .ayor in its ma:. period to &rision Correccional in its min. period. &erFury &erFury is the willful and corrupt assertion of falsehood under oath or affirmation administered by an authority of law on a material matter. Dlements6 7- #tatement or affidavit upon material matter made under oath@ 9- Before a competent officer authori8ed to receive and administer such oath@ <- Killful and deliberate assertion of falsehood by the offender@ =- he sworn statement containing the falsity is reEuired by law ,&p. vs. Bautista) =A '.G. 9=>7-. .aterial matter) means the main fact which is the subFect of the inEuiry, or any circumstance which tends to prove the fact, or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subFect of the inEuiry, or which legitimately affects the credit of any witness who testified ,;.#. vs. Dstrana) 75 &hil. 49A-. he word BmaterialC is not limited to testimony bearing directly on the issue but includes collateral matter. BCollateralC testimony which although not direct proof upon the issues, yet has substantial bearing on the testimony relating to the issues. he test is not whether the evidence was properly to be admitted but whether if admitted it could properly influence the result of the trial. he penalty provided under this article is less than that which is provided under !rt. 73A because there is no danger to the life or liberty of the defendant. Independent evidence of falsity is not reEuired for conviction. &enalty) !rresto .ayor in its ma:imum period to &rision Correccional in its minimum period and a %ine not to e:ceed &7,AAA if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of !rresto .ayor in any other case. Article 18$- F6l5e Te5tiB38: i8 Ci;il C65e5 Dlements6 7- the testimony must be given in a civil case@ 9- the testimony must relate to the issues presented in said case@ <- the testimony must be false@ =- the false testimony must be given by the defendant knowing the same to be false@ 4- such testimony must be malicious and given with an intent to affect the issues presented in said case. &en) depends upon the amount involved. Article 18)- F6l5e Te5tiB38: i8 OtAer C65e5 & PerD=r: =8<er S3leB8 A77irB6ti38 his is committed by any person who, knowingly makes untruthful statements and not being included in the preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authori8ed to administer an oath in cases in which the law so reEuires.

ARTICLE 18%- FALSE TESTIMONY AGAINST A &EFEN&ANT - B!gainst the defendantC) means a false testimony that tends to establish or aggravate the guilt of the accused and not the result that the testimony may result. ;nder this article, false testimony may still be committed even if the same is not considered or is not given any weight or even if the accused is acEuitted. he penalty depends upon the sentence imposed upon the accused in the criminal case where the false testimony was given e:cept in he case of a Fudgment of acEuittal. &enalties6 7- *eclusion emporal if the defendant in said case shall have been sentenced to +eath@ 9- &rision .ayor ) if the defendant shall have been sentenced to *eclusion emporal or *eclusion &erpetua@ <- &rision Correccional plus a fine not e:ceeding &7,AAA ) if the defendant shall have been sentenced to any other afflictive pen. =- !rresto .ayor plus a %ine not e:ceeding &7,AAA ) if the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acEuitted. !rt. 73A does not prescribe a penalty where the defendant in a criminal case is sentenced to a light penalty. %alse estimony in this instance cannot be punished considering that a penal law is to be strictly construed. Article 181- F6l5e Te5tiB38: F6;3r69le T3 TAe &e7e8<68t Intent to favor the accused is essential in this kind of false testimony. It is not also necessary that the false testimony given should directly influence the decision of acEuittal.

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&p. vs. Ban8il) %eb. 79, l>5A in an administrative proceeding for immorality wherein the accused testified that he was single although he was married, the falsity is not material because whether he is married or not, has nothing to do with the charge of immorality. , his is no longer applicable today. !s under the civil service rules, if the parties are both single) there could be no immorality. B Khen the law so reEuiresC does not mean that the sworn statement or affidavit must be reEuired by law. he word BreEuiresC is merely permissive, not mandatory. *easonably interpreted, it means B in cases in which the law so authori8esC. ,&p. vs. !ngangco) G.*. "o. =25><-. In a verified answer to a complaint filed in an ordinary civil case if false is not &erFury as the verification of the answer is not reEuired by law. .oreover, any statement in an appropriate pleading filed in court relevant to the issues in the case is absolutely privileged and may not be made the subFect of a criminal prosecution. Khere the defendant e:ecuted an affidavit stating that he lost his driver?s license by virtue of which he was able to secure a new one, when in truth and in fact his driver?s license was confiscated by the authorities, it was held that &erFury was committed ,&p. vs. Bautista) supra-. ;nFustified statements in the &ersonal +ata #heet ,&+#-, a reEuirement under Civil #ervice *ules and *egulations in connection with employment in the government constitutes &erFury , Inting vs. #andiganbayan L) 49=755-. wo contradictory sworn statements are not sufficient to convict for &erFury because the prosecution must prove which of the two statements is false, and must show that statement to be false by other evidence other than the contradictory statement ,;.#. vs. Capistrano) =A &hil. >A9-. +istinction between %alse estimony and &erFury6 7- %alse estimony is given in the course of a Fudicial proceeding@ whereas &erFury is any willful and corrupt assertion of falsehood on a material matter under oath and not given in Fudicial proceeding@ 9- %alse estimony contemplates an actual trial where Fudgment of conviction or acEuittal is rendered and not merely a preliminary investigation@ whereas &erFury may be committed even during a preliminary investigation as well as in the making of a false affidavit under oath on a material matter when reEuired by law. +istinction between &erFury and %alsification of +ocuments6 7- %alsification) the documents may or may not be under oath@ whereas in &erFury, the document must be under oath and reEuired by law to be under oath@ 9- %alsification the contents of the document may be true but the signature is false@ in &erFury, the contents of the document in its material aspect must be deliberately false. Article 184- O77eri8? F6l5e Te5tiB38: i8 E;i<e8ce 7- 'ffender6 any person 9- !cts6 a- 'ffer in evidence of a false witness or testimony@ b- 'ffender knows such falsity@ and c- 'ffer was made in a Fudicial or official proceeding. he felony is consummated the moment a false witness is offered in any Fudicial or official proceeding. he penalty shall be that of %alse estimony if the offer was made in a Fudicial proceeding@ and that of &erFury, if made in an official proceeding. Is #ubornation of &erFury punished in the CodeH #ubornation of &erFury no longer e:ists in out *evised &enal Code but the act is punished as plain &erFury under !rticle 73< in relation to !rt. 72. he inducer becomes a &rincipal by Inducement and the one induced, is &rincipal by +irect &articipation ,&p. vs. &adol) 55 &hil. <54-. Article 185 M6cAi86ti385/ B383@3lie5 & c3B9i86ti38 0@=9lic 6=cti38 & re5tr6i8t 37 tr6<e12 Art52 1"%-1"4- &r=?5- RA "165 0SPL1 Art52 1"5-1""- G6B9li8? & +etti8? 0 Re@e6le< 68< B3<i7ie< =8<er P& 44"/ 48)/ 16%$ & LOI 8161- 0SPL1 ARTICLE $%%- GRA!E SCAN&AL) is any highly scandalous act offensive to morals and good customs and committed publicly or within the knowledge and view of the public ,;.#. vs. #amaniego) 75 &hil.-. he act is deemed committed in public view because of the possibility of being witnessed by a third persons. In conduct involving lasciviousness, it is grave scandal only when there is mutual consent. Because if done without her consent, then this is !cts of Lasciviousness. he act should not be punishable under any other provisions of the *evised &enal Code. Dlems6 7- act is highly scandalous. 9- publicly committed or wJn public view $ knowledge of the public <- offends good decency $ good customs =- not e:pressly falling under any other article. &en) !rresto .ayor $ &ublic Censure !rticle 9A7) Immoral +octrine, 'bscene &ub.$ D:h. $ Indecent #hows ) amended by &+ >5A $ >5> 7- !cts6 publicly e:pound or proclaim doctrine openly contrary to public moral. 9- 'ffenders6 a- authors of obscene literature, editors publishing the same@ b- those who in theatres, fairs, stage play e:hibit indecent or immoral plays or shows@ i- glorify criminals or condone crimes@ ii- serve no other purpose but to satisfy the market of violence@ iii- offend race or religion@ iv- prohibited drugs@ v- contrary to law, public order, good customs. <- hose who shall sell, give away or e:hibit films, prints, engravings, sculptures, literature which are offensive to morals. +isposition of the prohibited articles forfeited in favor of the government to be destroyed, after conviction. If acEuitted, still to be forfeited in favor of the govt., to be destroyed after forfeiture proceedings will be conducted. &en) &. or a fine ranging from &5,AAA to &79,AAA or both. If the offender is a govt. official penalty shall be imposed in the ma:imum and in addition corresponding accessory penalties shall be imposed. Comparison bt. *! <A5A and !rt. 9A7)

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*! <A5A) provides that it shall be unlawful for any person or entity to e:hibit or cause to be e:hibited in an motion picture theatre or public place, any picture not duly passed by the . *CB. It is evident that the elements of the two offenses are different. he gravamen of the offense defined in *! <A5A is the public e:hibition of any motion picture which has not been previously passed by the Board of Censors for .otion &ictures. he motion picture may not be indecent or immoral, but if its showing is not previously approved by the Board, then this constitutes a criminal offense. 'n the other hand, the offense punished in !rt. 9A7 of the *&C is the public showing of indecent or immoral plays, scenes, acts or shows. *! <A5A .alum &rohibitum, while !rt. 9A7 is .alum in #e #eptember, l>32-. ,&p. vs. City Court of .anila) =- .alversation of &ublic %undsJ&roperty) ,!rticles 972 )9994- Infidelity In the Custody of &risoners),!rticles 99<)9945- Infidelity In the Custody of &ublic +ocuments ,!rticles 995)9932- *evelation of #ecrets ,!rticles 99>)9<A3- 'ther offenses or Irregularities ,!rticles 9<7)9=4ARTICLE $%)) &ublic 'fficers) !ny person, who by direct provision of law, popular election or appointment by competent authority shall take part of the performance of public functions in the Government of the &hilippine Islands, or shall perform in the Govt., or any of its branches public duties as employee, agent, or subordinate official of any rank or class. #aid article obliterates the standard distinction in the law of public officers between BofficerC $ BemployeeC. 'fficers) from highest to the lowest rank ,.aniego vs. &eople) !pril 9A, l>47-. &p. vs. Cru8) Dmployees of ;&) from Fanitors to the .embers of the Board of *egents) &ublic 'fficers. .alfeasance) performance of some act which ought not to be done. (agrants are persons, having no apparent means of subsistence, who has the physical ability to work, neglects to apply himself or herself to some lawful calling. &rostitutes) women, who for money or profit, habitually indulge in se:ual intercourse or lascivious conduct. &enalty) !.e or a fine not e:ceeding &9AA *ecidivist) !.a in its medium period to &C in its min. per. or a fine ranging from &9AA to &9,AAA or both, at the discretion of the court. #ome sectors believe that bold actresses who, for money or profit, appear in the movie habitually playing the role of one who engages in se:ual acts satisfy all the elements of the said provision. Korse, they do it in public view and in public places, whereas prostitutes do it in a private place. he male partner cannot be liable as a prostitute under this law. &res. +ecree no. 745<) .endicancy Law6 .endicant) any person who has no visible and legal means of support or lawful employment $ who is physically able to work but neglects to apply himself to some lawful calling and instead are begging as a means of living. 0abitual mendicants can be convicted two or more times. D:ploited infantJminor) child 3 years habitual beggar. $ below who is used in begging or who accompanies a .isfeasance) improper performance of some act which might lawfully be done. "on)feasance) omission of some act which ought to be performed. !- +ereliction of +uty) Gudges) ARTICLE $%4- 4NO INGLY REN&ERING #N-#ST -#&GMENTDlements6 7- 'ffender is a Fudge@ 9- *enders a Fudgment in a case submitted to him for decision@ <- #aid Fudgment is unFust@ $ =- Nnows that said Fudgment is unFust , Louis (uitton #.!. vs. Gudge (illanueva) "ov. l>>9-. ;nFust Fudgment) contrary to law or not supported with evidence, or contrary to the standards of conduct prescribed by law. ! Fudge cannot be subFected to liability) civil, criminal or administrative) for any of his official acts, no matter how erroneous, as long as he acts in good faith. It is a general principle of the highest importance to the proper administration of Fustice that a Fudicial officer, in e:ercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal conseEuence to himself. his concept of Fudicial immunity rests upon consideration of public policy. It purpose being to preserve the integrity and independence of the Fudiciary ,+ela Cru8 vs. Concepcion) 4= #C!+-. In .endo8a vs. (illalu8) 7A5 #C*!) the court has held that it is a fundamental rule of long standing that a Fudicial officer when reEuired to e:ercise his Fudgment or discretion is not criminally liable for any error he commits, provided he acts in good faith. hat in the absence of malice or wrongful conduct, the Gudge cannot be held administratively responsible for no one called upon to try the facts of interpret the law in the process of administering Fustice can be infallible in his Fudgment. o hold a Fudge administratively accountable for every erroneous ruling or decision he renders assuming that he has erred, would be nothing short of harassment or would make his position unbearable.

Article $%$- !6?r68t5 & Pr35tit=te5 !- (agrants 7- KJo any apparent means of subsistence, who has physical ability to work but neglects to apply himself to some lawful calling. 9- Loiter in public or semi)public bldg.) wandering without visible means of support. <- Idle or dissolute persons, ill)repute or pimps. =- Loiter in inhab. or uninhab. places wJo Fustifiable purpose.

&en) not e:c. &4AA or impris. not e:c. 9 yrs. or both. &erson who gives alms) fine not e:c. &9A.AA itle 2) Crimes committed by &ublic 'fficers) 7- .alfeasance $ "on)feasance in 'ffice) ,!rticles 9A=)9A>9- Bribery ,!rticles 97A)979<- %rauds $ Illegal D:actions $ rans. ,!rticles 97< 975-

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In re6 GoaEuin Borromeo) 9=7 #C*! =A4) he court has repeatedly and uniformly held that a Fudge may not be held administratively accountable for every erroneous order or decision he renders. he administrative or criminal remedies are neither alternative or cumulative to Fudicial review where such review is available, and must wait on the result thereof. *endering knowingly unFust Fudgment refers to an individual Fudge who does so in any case submitted to him for decision and even then, it is not for the prosecutor to pass Fudgment on the unFustness of the decision but the proper appellate court, who has the authority to review the same. ;ntil and unless there is such a final authoritative Fudicial declaration that the decision or order in Euestion is BunFustC no, civil, criminal or administrative action against a Fudge concerned is legally possible or should be entertained for want of indispensable reEuisites. Bonifacio #ans .aceda cs. the 'mbudsman cannot act first on a criminal case filed against a Fudge in relation to his function, without first referring the case to the #upreme Court. Art2 $%5- -=<?Be8t Re8<ere< TAr3( Ne?li?e8ce Dlements6 7- 'ffender is a Fudge@ 9- 0e renders a Fudgment in a case submitted to him for decision@ <- #aid Fudgment is manifestly unFust@ $ =- It was committed through ine:cusable negligence. .anifestly ;nFust Gudgment) is a Fudgment which cannot be e:plained with a reasonable interpretation or is a clear incontrovertible and notorious violation of a legal precept. It must be patently contrary to law if rendered due to ignorance or ine:cusable negligence. &enalty !rresto .ayor $ emporary #pecial +isEualification. Art2 $%5-#8D=5t I8terl3c=t3r: Or<er) he offense may be committed by a Fudge in two ways6 7- By knowingly rendering an unFust interlocutory order) &enalty !rresto .ayor in its min. per. and suspension. 9- By rendering a manifestly unFust interlocutory order by ine:cusable negligence or ignorance)&en) #uspension. Article $%6- M6lici3=5 &el6: i8 tAe A<Bi8i5tr6ti38 37 -=5tice) he Fudge to be guilty of this article maliciously delays the administration of Fustice. he act must be committed maliciously with deliberate intent to preFudice a party in the case , .agdamo vs. &ahimulin) 2< #C*! 77A-. &en.) &C in its minimum period. Art2 $%8- Pr35ec=ti38 37 377e85e5E Ne?li?e8ce & T3ler68ce 7- 'ffenders6 a- !ny public officer@ or b- 'fficer of the Law. 'fficers referred to here) those whose function relate to instituting prosecution of offenders) &olice officers, &rosecutors $ Brgy. Captains. 9- !cts punished6 a- .aliciously refraining from institution of prosecution for the punishment of violators of the law@ and b- olerating the commission of offenses. .alice is an integral part. Lack of 8eal or any delay in the performance of duties does not constitute the crime. here must be bad faith or criminal intent to favor the offender. &p. vs. .alabanan) 59 &hil. 235) .alice connotes that the action complained of must be the result of a deliberate intent and does not cover a mere voluntary act. Art2 $%"- +etr6:6l 37 Tr=5t 9: 68 Att:2E Re;el6ti38 37 Secret5!- !cts punished6 7- .alicious breach of professional duty@ 9- Ine:cusable negligence or ignorance@ <- *evelation of secrets learned in his professional capacity@ =- ;ndertaking the defense of the opposite party in a case without the consent of the first client whose defense has already been undertaken. In acts 7 $ 9) preFudice to the client is essential. It is not essential in the case of revelation of secrets or in the representation of conflicting interests. o preFudice is eEuivalent to causing material or moral damage to the client. *evelation of secrets signifies a communication of the same to another. he secrets which should not be revealed are not limited to those learned by the lawyer in connection with a case in which he is intervening but includes all other secrets learned from a client in the course of professional relationship. !re all informations received by the counsel from client classified as privilegedH) "o, a distinction must be made between confidential communications relating to past crimes already committed, and future crimes intended to be committed, by the client. Corrollarily, it is admitted that the announced intention of a client to commit a crime is not included within the confidences which his attorney is bound to respect ,&p. vs. #andiganbayan) Guly 7>>2) 3= #C!+-. %or the application of the attorney)client privilege, however, the period to be considered is the date when the privileged communication was made by the client to the atty. in relation to either a crime committed in the past or wJ respect to a crime intended to be committed. In other words, if the client seek his lawyer?s advice with respect to a crime that the former has therefore committed, he is given the protection, of a virtual confessional seal, which is the attorney) client privilege declares cannot be broken by the attorney without the client?s consent. he same privileged confidentiality does not attach with regard to a crime which a client intends to commit thereafter or in the future, and for purposes of which he seeks the lawyer?s advice. In order that a communication between a lawyer and his client may be privileged, it must be for a lawful purpose or in furtherance of lawful end. Dvery communication made to an atty. by a client for criminal purpose is a conspiracy or attempt at a conspiracy which is not unlawful to divulge, but wJc the atty. under certain circumstances may be bound to disclose in the interest of Fustice. B*IBD*I ) is the crime of the public officer who receives gift, present, offer or promise by reason or in connection with the performance of his official duties. It is the crime of the receiver. he crime of the giver is Corruption of &ublic 'fficers. Bribery reEuires concurrence of the will of the two parties, otherwise the crime cannot be consummated. Ninds of Bribery6 !- +irect Bribery6 i- 'ffenders public officers, ,assessors, arbitrators, appraisal $ claim commissioners,

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e:perts, or any other persons performing public duties. ii- !cts6 a- !greeing to perform or performing an act pertaining to the duties of the office which constitutes a crime@ b- !ccepting a gift in consideration of the e:ecution of an act which does not constitute a crime@ c- !bstaining from the performance of official duties. Dlements6 7- 'ffender is a public officer ,!rt. 9A<-@ 9- 0e receives personally or through another, gifts, or presents or accepted offers or promises@ <- %or the purpose of committing any of the acts mentioned in par. <@ =- #uch act relates to the e:ercise of official duties. D:. of act no. 7- #tenographic *eporter agreed to tamper the #" in consideration of the amount of &<A,AAA given to her. Crimes) +irect Bribery $ %alsification. In this e:. It could also be that she already tampered the #" ,agreeing or performing-. he act need not be actually committed. .ere agreement to e:ecute the act is sufficient. his is so, as the act to be performed constitutes a crime. D:. of act no. 9- In the placement of the vendors in a newly constructed market, has to be done through raffle. But for those who gave &7A,AAA to the one in)charge of the raffling, they were immediately given the good placement. he act of placing those who paid at the front portions of the market, is not a crime, but definitely it is unFust. In this instance, the money must be accepted already because the act does not constitute a crime. .ere agreement will not suffice. D:. of no. <)employee of 'B' bec. of the amt. given didn?t conduct ocular insp. of the bldg.$ issued Bldg. &ermit. Is there !ttempted or %rustrated BriberyH 7- ;.#. vs. an Gee )2 &hil. 2<3) 'ffer of a Chinaman to allow his companion to land without investigation was refused) !tt. Bribery. 9- &p. vs. +iego 1uinn) G.*. "o. =954<) the money handed by the offeror was returned by the public official %rustrated Bribery. It will be noted that in these cases, the accused were both private individuals ,so this would have been Corruption of &ublic 'fficial-. <- &p. vs. Dlago C!) Bupon a careful review of our Furisprudence we are unable to find a single case of frustrated bribery, taking into consideration the nature of the offense. Ke are bound to deduce that this crime is not subFect to frustration. &enalty) no. 7 act) &. in its min and med pers. and a fine of not less than <: the value of the gift@ no. 9 act) &C) in its medium period $ a fine of not less than twice the value of such gift. no. < act) &C in its ma:. per. to &. in its min. per. $ a fine not less than <: the value of the gift. In addition to such imprisonment term) #pecial emporary +isEualification. Article $11- I8<irect +ri9er:) is committed upon acceptance by the public officer of gifts offered to him by reason of his office. It is not necessary that the public officer should do any particular act or even promise to do an act as it is enough that he accepts the gifts offered to him by reason of his office ,(ictoriano vs. !lvior) .arch l>23-. he gift is made to anticipate a favor from the public officer in connection wJ his official duties. +istinction between +B $ IB) 7- +B) the public officer must do something in consideration of the gift@ IB) there is no such reEuirement@ 9- +B) .ere agreement consummates the crime of +B if the act agreed upon amounts to a crime@ IB) the public officer must accept the gift to consummate the crime. Article $11-A-*=6li7ie< +ri9er: 7- 'ffender public officers entrusted with law enforcement. 9- !cts6 a- public officer refrains from arresting or prosecuting an offender who has committed a crime punishable by *& $Jor +eath in consideration of any offer, gift or present@ b- the public officer asks or demands such gifts or present. <- &en) a- the pub. officer shall suffer the pen. of the offense which was not prosecuted@ b- +eath. Article $1$- C3rr=@ti38 37 P=9lic O77ici6l5- the person giving the gift or making the offer or promise in direct or indirect bribery commits this felony. &en) same as that of the public officer corrupted. &+ 2=> Granting Immunity o Givers of Bribes. ) voluntarily gives information about any corrupt transactions of an officer in violation of the *&C or the !nti) Graft Law and testifies in the case subseEuently filed. Dlements6 7- info.,or testimony- refers to the consummated violation@ 9- info. is necessary for conviction@ <- info. is not yet in the possession of the &rosecutorJ #tate@ =- info. can be corroborated in other material points@ and 4- informant has not been convicted of crimes involving moral turpitude. he immunity shall refer only to the transaction the I ,info. $ testimony- relates. If he lies liable for &erFury. %rauds $ Illegal D:actions $ ransactions Article $1)- FRA#&S AGAINST T'E P#+LIC TREAS#RY AN& SIMILAR OFFENSESI-%*!;+#6 !cts6 a- &ublic 'fficers entering into a contract or agreement with any interested party and defrauded the govt. ,dealing with supplies) #upply 'fficers, signatories of contracts 0eads of 'ffice, !dministrative 'fficer, *egional +irector, Cashier or reasurer@ entrusted wJ adFustment or settlement of accounts) !ccountants-. II- ILLDG!L D/!C I'"# ) can only be committed by a collecting officer or a public officer whose official duty is to collect payments due to the government. he crime is not in respect to misappropriation of funds ,malversation- but the violation of the rules of collection. 7- 'ffenders6 ) public officers in charge of the collection of ta:es, licenses, fees and other imposts. 9- !cts6 a- +emanding an amount different or larger than due. his crime is committed even if the debtor refuses to give.

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Khat is the status of the e:cess amount private or public fundsH ;.#. vs. Lope8) .unicipal reasurer collected greater fees for the branding of cattle, by means of deceit and misappropriates the difference between the legal amount and the e:cess) Dstafa, because the fund is private. &p. vs. &olicher) 5A &hil. 227) If the e:cessive fees which were accounted for were misappropriated, the public officer is liable for Illegal D:action for demanding and collecting e:cessive fees and for .alversation, for the e:cess. he difference between the fees collected and the legal fees forms a part already of the public funds as those accounted for, hence, it cannot be Dstafa. he whole amount becomes public fund because issuing receipt is the operative act making the whole fund public fund. his provision is not applicable in the case of the BI* and B'C 'fficials because they are guided by other laws. %or the BI* officials, they are guided by the "ational Internal *evenue Code ,"I*C-, while the B'C officials, they are guided by the ariff and Customs Code. ;nder these laws, these public officials are allowed to collect amounts different from the fi:ed rates since interests and surcharges are imposed. .oreover, they are authori8ed to compromise penalties. %rauds) the crime committed is the mere agreement as long as the purpose is to defraud. Illegal D:action) no. 7) committed by mere demand, even if he did not receive the amount demanded. But if the sum was received without demanding, the felony is not committed, but if given as a sort of a gift because of his office, he can be held liable for Indirect Bribery. &en) &C in its med. per. to &.)min. per. or a fine ranging from &9AA to &7A,AAA. !rticles 97=, 974, 975) read , !nti)Graft and Corrupt &ractices !ct-. ARTICLE $14- MAL!ERSATION OF P#+LIC F#N&S OR PROPERTYDlements6 7- 'ffender is a public officer@ 9- 0e has custody or control of the funds or property by reason of the duties of his office@ <- he funds or property involved are public funds or property for which he is accountable@ and =- 0e has appropriated, taken or misappropriated, or has consented to, or through abandonment or negligence, permitted the taking by another person of such funds or property ,(illanueva vs. #andiganbayan) G.*. "o. >4592) !ug. 75, l>>7 $ 1uinon vs. #andiganbayan) !pril l>>2) 39 #C!+-. !cts punished6 7- !ppropriate public funds or property) ,uses it for herJhis own personal purpose-@ 9- .isappropriate public funds or property , use it for a purpose other than for which it is intended-@ or take the public funds or property , get it without the consent of the govt.- his is Intentional .alversation. <- Consenting, or through abandonment or negligence, permitting any person to take the same. his is Culpable .alversation. !- 'ffenders) public officers, who by virtue of their positionJduties are accountable for the public funds or property6 D:s.of public officers accountable by reason of their positions6 Cashiers, reasurer, Collection 'fficers. By reason of duties6 0eads of 'ffices) *+, !*+, !dministrative 'fficers. !n accountable officer under !rticle 972 is a public officer, who, in the discharge of his office, receives money or property of the government which he is bound to later account for. It is the nature of, not the nomenclature used for, or the relative significance of the title, the position which controls the determination , anggote vs. #andiganbayan) 44 #C!+-. he nature of the duties of the public officer and not the importance of his position is the controlling factor. 0e may be a clerk but if he receives money or property belonging to the government for which he is bound to account, then he is an accountable officer . Can private persons be held liable for .alversation6 Ies) in two instances6 7- !rticle 999) If such private person in any capacity whatever is in charge of insular, provincial or municipal funds, revenues or property e:. Khere a private person is constituted a custodian of the fund or property subFect of sei8ure or attachment, as such sei8ure or attachment brings about the property in custodia legis. .alversation is committed when the property attached to secure a debt is placed in the possession of the defendant to which it belongs with the consent of the plaintiff and who sells the same without delivering the proceeds to the plaintiff since the property is not the subFect of a mere private bailment but of a Fudicial deposit. his gives the depository a character eEuivalent to that of a public official and breach of his obligation is similar to violation of the obligations imposed upon public officers ,;.#. vs. *astrono) 7 &hil. 99-. 9- If such private person takes a direct participation in the commission of the crime of .alversation by a public officer or cooperates in the commission of the same ,conspiracy-. <- If such private person acts as accomplice or accessory. 9- &ublic funds money &ublic properties vehicles, firearms, tables, chairs, computers, checks, letters of credit, negotiable notes, or any personal property whether fungible or non)fungible. &rivate funds or property may also be the subFect of .alversation) !rticle 999 provides that malversation may be committed upon property placed in the custody of public officers by reason of their office even if such property belongs to a private individual. Dven if the funds belong to a private individual they are impressed with the characteristics of public funds or partakes of the characteristics of public funds when they are entrusted to an accountable public officer for his official custody) e:s. %unds of *ed Cross, !nti B, Girl #cout and Boy #cout. ,&p.vs. (elasEue8) 29 &hil. >3-. !lso private funds sent to the addressee through the telecom office ,&p. vs. Castro) 57 &hil. 357&p. vs. Carpio) Gan. <7, l>5<) where a municipal treasurer cashed a private check with public funds and the check was dishonored, .alversation was committed. .alversation through negligence) not all abandonment or negligence constitutes malversation, but only such that appro:imates intent and malice. hus, a defendant who, as .unicipal reasurer, had a large stock of rice under his charge, and who, in good faith, sold them on credit as he needed swift disposal, cannot be held liable for .alversation through "egligence. o render such element a basis for conviction, the negligence must be positively and clearly shown to be ine:cusable, appro:imating malice of fraud ,&p. vs. Bernas $ &p. vs. &ili-. DnriEue8 vs. &p. <<7 #C*!) Dvidence of shortage is necessary before there could be any taking, appropriation, conversion, or loss of public funds that would amount to .alversation.

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In cases of .alversation of &ublic %unds, the mere failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authori8ed officer, is prima facie evidence that he has put such funds to personal use. o Fustify conviction for .alversation, the prosecution has only to prove that the accused received public funds or property and that he could not account for them or did not have them in his possession and could not give a reasonable e:cuse for the disappearance of the same. +umagat vs. #andiganbayan) Guly, l>>9) en banc) !n accountable officer may be convicted of .alversation even if there is no direct evidence of misappropriation and the only is that there is a shortage in his accounts which he has not been able to e:plain. %elicilda vs. Grospe) Guly, 7>>9) In .alversation, payment or indemnification or reimbursement of, or compromise as to, the amounts or funds malversed, affects only the civil liability of the offender but does not e:tinguish his criminal liability. Is demand an element of .alversationH "o, demand merely raises a prima facie presumption that missing funds have been put to personal use. he demand itself is not an element of, and not indispensable to constitute, .alversation. Dven without a demand, .alversation can still be committed when enough facts are e:tant to prove it. &p. vs. &epito) %eb. l>>2) 23 #C!+) Dven on the putative assumption that the evidence against petitioner yielded a case of malversation by negligence but the information was for intentional malversation, under the circumstances of this case his conviction under the first mode of misappropriation would still be in order. .alversation is committed either intentionally or by negligence. he dolo or culpa present in the offense is only a modality in the perpetration of the felony ,Cabello vs. #andiganbayan) .ay 7=, l>>7-. he defense of good faith is a valid defense in a prosecution for .alversation for it would negate criminal intent on the part of the accused. o constitute a crime, there must be criminal intent ,&p. vs. &epito) %eb. l>>2) 23 #C!+-. &enalty6 7- &C in its med. $ ma:. per. if the amount involved does not e:ceed &9AA@ 9- &. in its min. $ med. &eriods) if the amount involved is more than &9AA but does not e:ceed &5, AAA@ <- &. in its ma:. per. o * in its min. per. if the amount involved is more than &5, AAA but is less than &79, AAA@ =- * in its med. $ ma:. per. if the amount involved is more than &79, AAA but is less than &99, AAA@ 4- * in its ma:. per. o *& if the amount e:ceeds &99, AAA 5- &erpetual #pecial +isEualification $ a fine eEual to the amount of the funds malversed or eEual to the total value of the property embe88led. Article $18- F6il=re 37 Acc3=8t69le O77icer T3 Re8<er Acc3=8t5 Dlements6 7- 'ffender is a public officer whether in the service or separated therefrom@ 9- 0e is accountable for public funds or property@ <- 0e is reEuired by law or regulation to render account to the !uditor@ and =- 0e failed to do it for a period of two months after demand is rendered. his is a felony by omission and misappropriation is not necessary. he reason for this is that the law does not so much contemplate the possibility of malversation as the need of enforcing by a penal sanction the performance of the duty incumbent upon every public employee who handles govt. funds. he design of the law is to impart stability to the good order and discipline which should prevail in the organi8ation and workings of the public service by punishing the employee who should disobey a law or regulation, lawfully made by a competent officer for the rendition of accounts , ;.#. vs. #aberon 7> &hil. <>7-. &en) &C in its min. period or a fine ranging from &9AA to &5,AAA or both. #aid act can be a basis for filing of a criminal case for %ailure o LiEuidate under &+ 7==4. Article $1" F6il=re 37 6 P=9lic O77icer T3 Re8<er Acct52 +e73re Le6;i8? tAe C3=8tr: Dlements6 7- 'ffender is a public officer, whether in active service or not@ 9- 0e is accountable for public funds and property@ <- 0e leaves or attempts to leave the country wJo reEuisite clearance from the !uditor that his accounts have been settled. Article $$%- Ille?6l #5e 37 P=9lic F=8<5 3r Pr3@ert: Dlements6 7- 'ffender is an accountable public officer@ 9- 0e applies public funds or property under his administration to some public use@ and <- he public use for which the public funds or property were applied is different from the purpose for which they were originally appropriated. his felony is known as B echnical .alversationC and is a penal sanction to the constitutional provision that Bno money shall be paid out of the treasury e:cept in pursuance to an appropriation made by law ,!rt. (III, #ec. 73, &ar. 7, 7>32 Constitution-. +amage is not an essential element and the offender derives no benefit. 0owever, if no damage or embarrassment to the public service resulted, the penalty is a fine only from 4 up to 4AO of the sum misapplied. #imilarity wJ .alversation under !rt. 9726 In both felonies, the offenders are accountable public officers. +istinction6 7- In !rt. 972) the offender derives personal benefit from the proceeds of the crime@ whereas in !rt 99A) the offender derives no personal gain or benefit from the commission of the act@ 9- In !rt. 972) the conversion of the public funds or property is for the personal interest of the offender@ whereas in !rt. 99A) the obFect to which the fund or property is applied is also public but only different from that provided by the law. o constitute this crime, there must be a law or ordinance appropriating public funds or property for a specific purpose which the accused has violated ,&p. vs. .ontemayor, et al.) L)72==>) !ugust <A, l>59&alma Gil vs. &p. l22 #C*! In this case, it is shown that the C*BI fund is a general fund, and the utili8ation of this fund specifically for the concreting of the Barangay Galung *d. was merely an internal arrangement between the +&K0 and the Barangay Captain and was not particularly provided for by law or ordinance. here is no dispute that the money was spent for a public purpose) payment of the wages of laborers working on various proFects in the in the municipality. It is pertinent to note the high priority which laborers? wages enFoy as claims against the employers? funds and resources. In the absence of a law or ordinance appropriating the C*BI fund for the concreting of the Barangay Galung *oad, the petitioner cannot be declared guilty of the crime of Illegal ;se of &ublic %unds , &arungao vs. #andiganbayan) .ay l>>7-.

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Article $$1- F6il=re t3 M6Fe &eli;er: 37 P=9lic F=8<5 3r Pr3@ert: 7- 'ffender6 &ublic 'fficers under obligation to make payments. 9- !cts punished6 a- %ailed to make payments despite his obligation@ b- +espite being ordered to do so. If the failure is caused by his using the public funds .alversation. If due to his using the funds for another purpose) echnical .alversation. *ationale) gives rise to the presumption of illegal use of public fundsJproperty. I"%I+DLI I '% &;BLIC '%%ICD*# Ninds of Infidelity6 7- Infidelity in the custody of prisoner 9- Infidelity in the custody of documents <- *evelation of secrets. !- I"%I+DLI I I" 0D C;# '+I '% &*I#'"D*#6 ,!rticle 99<- or Culpa ,!rticle 99=-. !- Infidelity in the custody of prisoners6 +ocuments have the same meaning as in !rticle 727. ARTICLE $$)- CONNI!ING IT' OR CONSENTING TO E!ASION7- 'ffender &ublic 'fficer who has the custody of the prisoner. 9- !cts6 connivesJconsents to the escape of the prisoner i- detention &C min. $ #+ ii- by final Fudgment) &C med to ma:. $ #+ to &#+ ARTICLE $$4- E!ASION T'RO#G' NEGLIGENCE 7- 'ffender &ublic officer charged with the custody of the prisoner. 9- !ct) hrough negligence, the prisoner escaped &p. vs. 1uisel guard allowed the prisoners to run after the carabao which escaped deliberate) non)performance. .ere leniencyJ la:ity) not infidelity) adm. Liability. La:ity non)performance) criminal offense. Khen the offender allowed a prisoner to go to the bathroom to relieve himself it was deemed as mere la:ity in the handling of prisoners which did not give rise to infidelity through negligence. "egligence is one which appro:imates malice or deliberate non)performance of duty. 0e may be charged administratively but not criminally ,&p. vs. "ava) <5 '.G. <75*odillas vs. #andiganbayan .ay l>33) !s a police officer who was charged with the duty to return the prisoner directly to Fail, the deviation from his duty was clearly a violation of the regulations. In the first place. It was improper for the petitioner to take lunch with the prisoner and her family when he was supposed to bring him to Fail. 0e even allowed the prisoner and her husband to talk to each other at the reEuest of a co)officer. It is the duty of any police officer having custody of a prisoner to take necessary precautions to assure the absence of any means of escape. ! failure to undertake these precautions will make his act one of definite la:ity or negligence amounting to deliberate non) performance of duty. B- Infidelity in the custody of documents. ARTICLE $$6- REMO!AL/ CONCEALMENT OR &ESTR#CTION OF &OC#MENTSIt is not necessary that the act of removal be coupled with proof of intention to conceal. he felony is committed in three ways namely6 removal, concealment or destruction. he word BorC is disFunctive signifying disassociation and independence of one thing from each other. &enalty 6 a- If there is serious damage &. $ %ine not e:ceeding &7,AAA. b- If the damage is not serious &C)min)med period $ a %ine not e:ceeding &7k ARTICLE $$7- OFFICER +REA4ING SEAL 7- 'ffender) &ublic officer, who has custody of papers or property, which are sealed by proper authorities. 9- !cts) 0e breaks the seals or permits them to be broken without any authority. +amage is not an element. he crime may be committed through negligence. ARTICLE $$8- OPENING CLOSE& &OC#MENTS 7- 'ffender) &ublic 'fficer, who is entrusted with the custody of closed papers, documents or obFects. 9- !cts) 0e opens or permits the same to be opened without proper authority. If the closed document is sealed) and in opening it the seal is broken, then the act is punished under !rt. 992. he closed document must be entrusted to the public officer because if not, then he could not be held liable under this article , &p. vs. Lineses-. ARTICLE $$"- RE!ELATION OF SECRETS +Y AN OFFICER 7- 'ffender &ublic officer, who knows the secret by reason of his office or he has in his charge papers or copies of papers which should not be published. 9- !cts) 0e reveals said secret without authority or wrongfully delivers said papers. he secrets referred to in this article are those which have an official or public character, the revelations of which may preFudice public interest. hey refer to secrets relative to the administration of government. his does not include military secrets or those which may affect the security of the his crime may be committed through +olo ! private person who conspires with a public official is liable for this crime but if he acts by himself, this is Dstafa. 7- 'ffenders6 a- &ublic officer b- custodyJin) charge of the recordsJ documents c- by reason of his office. 9- !cts6 i- !bstracts ,remove-) appropriation of document for illicit purpose@ ii- +estroys) to make the document uselessJobliteration ,e:. Clerk of Court spent the marked money used as evidence) not misappropriation. Dven if he restitutes the amount he is still liable bec. the document itself cannot be restituted-@ iii- Conceals not forwarding to its destination ,not necessary that it be secreted-. he damage or preFudice is not limited to pecuniary damage. Khen thee is delay in rendering public service because the document is not located, there is damage. here is also the loss of trust in government service. Nataniag cs. even if the officer is still in the building, but already out of his office) removal is consummated.

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#tate, as this constitutes Dspionage. +amage is not an essential element, altho a higher penalty is imposed where the act has caused serious damage to public interest. ARTICLE $)%- RE!EALING SECRETS OF PRI!ATE PERSONS 7- 'ffender &ublic office, who by reason of his office, came to know of the secrets of private persons. 9- !cts) he reveals such secrets without authority or wrongfully delivers said papers. ARTICLE $)1- OPEN &ISO+E&IENCE 7- 'ffenders Gudicial or e:ecutive officers 9- !cts) refuses openly to e:ecute Fudgment, decision or order of superior authority. <- &enalty !.a med. per. to &C min. per.$ #+ $ a %ine not e:ceeding &7,AAA ARTICLE $)$ &ISO+E&IENCE TO OR&ER OF S#PERIOR OFFICER 'EN SAI& R&ER AS S#SPEN&E& 7- 'ffender any public officer 9- Dlements6 a- 'rder from a superior officer@ b- he orders the suspension of the e:ecution of the order of his superior officer c- superior disapproved the suspension d- disobeys the suspension $ refuses to e:ecute the order. <- &enalty) &C) min to med per. $ &#+ ARTICLE $))- REF#SAL OF ASSISTANCE 7- 'ffender &ublic 'fficer 9- !cts) he refuses to lend cooperation towards the administration of Fustice or other public service, despite demands. +amage is not an essential element, but serious damage will cause the imposition of higher penalty. If there is serious damage) !.a)min to &C min. per. $ &#+ $ %ine not e:ceeding &7,AAA@ If no serious damage) !.a)med to ma:. per. $ %ine of &4AA. D:. Investigator of the "BI refuses to testify in court resulting to the dismissal of the case@ or a .edico)Legal 'fficer who also failed to testify in court purposely. Article $)4- Re7=56l t3 &i5cA6r?e Electi;e O77ice ARTICLE $)5-MALTREATMENT OF PRISONERS 7- 'ffenders &ublic officersJemployees, in)charge of the prisoners. 9- !cts6 a- 'verdo the correction and handling of a prisoner, by the imposition of a punishment not enshrined by law@ b- inflict such punishment in a cruel $ humiliating manner. &en.. &C)med to &. min. If the purpose of the maltreatment is to e:tort confession or obtain information &.)min. $ !+ $ %ine of &5,AAA plus another liability for &hysical InFuries ,B hird +egreeC-. hese will constitute two crimes, not comple:. &risoner a- convict by final Fudgment b- detention prisoner. ARTICLE $41- #S#RPATION OF -#&ICIAL F#NCTIONS2 7- 'ffender 'fficers of the e:ecutive branch. 9- !cts a- assumes Fudicial powersJ functions b- obstructs the e:ecution of orders or decisions. ARTICLE $)"- #S#RPATION OF LEGISLATI!E PO ERS7- 'ffender &ublic officer 9- !cts a- Dncroaches the powers of the legislative branch@ b- makes rules or regulations beyond the scope of his authority or by repealing a law <- &en) &C min. per. #+ $ a %ine not e:ceeding &7,AAA. ARTICLE $4%- #S#RPATION OF E.EC#TI!E F#NCTIONS 7- 'ffender) Gudge 9- !cts a- assumes the powers pertaining to the e:ecutive branch@ b- obstructs the latter in the e:ercise of his functions. <- &en) !.a med. o &C min. per. +istinction between +ereliction ,!rt. 9A3- and !rt. 9<36) !rt. 9A3) official does not abandon his office@ he merely fails to prosecute@ while in !rt. 9<3) he abandons his office so as not to perform his duties. .altreatment refers to physical, moral, psychological and other kinds ,cruel $ inhuman-. &risoners here are eEuated to chattels) note) that they are in the section of Infidelity in the custody of documents $ not in crimes against persons. *ationale) we are government of laws and not of men. (iolation of civil liberties necessarily undermines confidence in the government and resort to torture indicates lack of mental alertness and activity on the part of the investigators ,&p. vs. #aluday-. If the person is not a convict or a detention prisoner crime could either be Coercion of &hysical InFuries. ARTICLE $)6-ANTICIPATION OF P#+LIC &#TIES 7- 'ffender &ublic official by appointment of election, who is entitled to hold office. 9- !ct) !ssumed office without oath or bond. <- &en %ine &9AA to &4AA. ARTICLE $)7- PROLONGING PERFORMANCE OF P#+LIC OFFICE 7- 'ffender &ublic officer 9- !ct) Continues to hold office beyond the period allowed of him by law. ARTICLE $)8- A+AN&ONMENT OF OFFICECPOSITION 7- 'ffender &ublic 'fficer 9- !ct ) endered his resignation ) not yet accepted ) leftJabandons his office ) detriment of public service. Crime becomes Eualified if the public official abandoned the office to evade the discharge of his duties of preventing or prosecuting or punishing crimes.

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Criminal Law II
+ifference between these < arts and that of !rt. 722 ,;surpation of 'fficial %unctionsJ!uthority-) !rt. 722) usurpation of official functions by any public officer@ while in here) this refers to interference among the three branches of government ,D:ecutive, Legislative $ Gudiciary-. ARTICLE $4$- &ISO+EYING RE*#EST FOR &IS*#ALIFICATION 7- 'ffender public officer, there is a proceeding before him ) he is reEuested to refrain from taking cogni8ance ) he continues such proceeding. 9- &en) !.a $ %ine &4AA ARTICLE $4)- OR&ERS OR RE*#EST +Y E.EC2 OFFICER TO ANY -#&L OFF2 7- 'ffender D:ecutive 'fficer 9- !cts) address or orders or suggests to any Fudicial authority relative to a case or business coming within the e:clusive Furisdiction of the court. <- &en) !.a) and a %ine not e:ceeding &4AA. ARTICLE $44- #NLA F#L APPOINTMENTS) committed by a public officer who knowingly nominates or appoints a person wJ lacking legal Eualification. &en !.a $ %ine of &4AA ARTICLE $45- A+#SES AGAINST C'ASTITY Dlems. of par. 7) 'ffender is a public officer here is a matter pending before him in which a woman is interested, or wJ respect thereto, he is reEuired to submit a report or consult with the superior. 0e solicits or makes an indecent or immoral advances upon said woman. &ar. 9) 'ffender warden or any public officer in charge with the custody of a prisoner or persons under arrest@ !cts) 0e solicits or makes immoral or indecent advances to a woman under his custody. If the person solicited is the wife, daughter or sister in law or relatives within the same degree by affinity, the act punished under par. 9 becomes Eualified. he mother is not included. Crime is committed by mere solicitation.

Once a Bully, Always a Bully >:)

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