2.

Usurpation of official functions

Elements Of Perjury
1. That the accused made a statement under
oath or executed an affidavit upon a material
matter;
2. That the statement or affidavit was made
before a competent officer authorized to
receive and administer oath;
3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood;
4. That the sworn statement or affidavit
containing the falsity is required by law.

ARTICLE 124
ARBITRARY DETENTION
Elements:
1. That the offender is a public officer
or employee;
2. That he detains a person;
3. That the detention is without legal
ground.
ARTICLE 157
EVASION OF SERVICE OF SENTENCE
Elements:
1. That the offender is a convict by final
judgment;
2. That he is serving his sentence, which
consists in deprivation of liberty;
3. That he evades the service of his sentence
by escaping during the term of his sentence.
Proposal to Commit Rebellion

How committed:
1. By knowingly misrepresenting oneself to be
an officer, agent or representative of the
government, whether local, national or foreign;
2. By performing any act pertaining to a
person in authority or public officer of the
government under the pretense of official
position and without authority.
It may be violated by a public officer.
It does not apply to occupant under color of
title.
Republic Act No. 75 provides penalty for
usurping authority of diplomatic, consular or
other official of a foreign government in
addition to the penalty imposed by the Revised
Penal Code
There must be a positive, express, and
explicit representation on the part of the
offender
The acts performed must pertain to:
1. The Government
2. To any person in authority
3. To any public officer

Elements of quasi-recidivism:
1. That the offender was already convicted by
final judgment;
2. That he committed a new felony before
beginning to serve such sentence or while
serving the
Inciting to Rebellion
same.

The following
In both crimes, the offender induces another to commit rebellion.
cannot commit
evasion of
The person who proposes has
It is not required that the
decided to commit rebellion.
offender has decided to commit
service of
ARTICLE 138
rebellion.
sentence:
INCITING TO
a. Accused who
REBELLION/
The person who proposes the
The act of inciting is done
escapes during
INSURRECTION
execution of the crime uses
publicly.
appeal or a
Elements:
secret means.
detention
1. That the
prisoner
offender does
Note: In both, the crime of rebellion should not be actually
not take up arms
b. Minor
committed by the persons to whom it is proposed or who are
incited. If they commit rebellion because of the proposal or inciting,
or is not in open
delinquents
the proponent or the one inciting may become a principal by
hostility against
c. Deportees
inducement in the crime of rebellion.
the Government;
d. Persons
2.
That
he
incites
others
to
the
execution of
convicted under this Article are disqualified
any of the acts of rebellion;
from the benefits of the Indeterminate
3. That the inciting is done by means of
Sentence Law.
speeches, proclamations, writings, emblems,
banners or other representations (SPWEBO)
tending to the same end.
ARTICLE 177
USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS
Two offenses contemplated in Art. 177:
1. Usurpation of authority