Professional Documents
Culture Documents
ESPIONAGE (spy)
Two ways of committing:
A. Entering
Elements:
1. Offender enters a Warship, Fort,
Naval or Military establishment or
reservation
2. He has no authority to do so
3. Purpose to obtain Information,
Plans, Photographs or other data of
a confidential nature relative to the
defense of the Philippines
B. Disclosing
1. Offender public officer
2. He has in his possession the said
articles, data or information by
reason of the public office he holds
3. He discloses their contents to a
representative of a foreign nation.
124. ARBITRARY DETENTION
Elements:
1. Offender public officer or
employee
2. Offender detains a person
3. Detention without legal grounds
** Public officers liable must be vested with
authority to detain or order the detention of
persons accused of a crime; i.e. policemen,
judges, mayor.
(1)
the territory of the
Philippines or any part
thereof; or
(2)
any body of land,
naval or armed forces; or
b. to deprive the Chief Executive
or Congress, wholly or partially
of any of their powers or
prerogatives.
Rebellion its object is completely to overthrow
and supersede the existing government.
Insurrection a movement which seeks merely to
effect some change of minor importance, or to
prevent the exercise of governmental authority
with respect to a particular matter or subject.
** Purpose of the uprising must be shown.
** It is not necessary that the purpose of the
rebellion be accomplished if they are
successful, they get to hold the government; they
will not sue their own selves.
Treason
Levying of war against the
government, performed to aid
the enemy;
Rebellion
Levying of war against the
government for reasons:
remove from allegiance to
150. DISOBEDIENCE TO
SUMMONS ISSUED BY THE
NATL ASSEMBLY, ITS
COMMITTEES OR
SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSION,
ITS COMMITTEES,
SUBCOMMITTEE OR DIVISIONS
Acts punished:
Refusing, without legal excuse, to
obey summons of Congress, or any
commission or committee chairman
or member authorized to summon
witnesses;
Refusing to be sworn or placed
under affirmation while before such
legislative or constitutional body or
official;
Refusing to answer any legal
inquiry or to produce any books,
papers, documents, or records in
his possession, when required by
them to do so in the exercise of
their functions;
Restraining another from attending
as a witness in such legislative or
constitutional body;
Inducing disobedience to summons
or refusal to be sworn by any such
body or official.
**The testimony of a person
summoned must be upon matters
into which the legislature has
jurisdiction to inquire.
** Any of the acts punished herein
may also constitute contempt.
152.
Recidivism
Generic aggravating
circumstance
May be offset by a mitigating
circumstance
2 offenses embraced in the
same title/code
Committed after serving the
sentence
ARTICLE 166FORGING
TREASURY OR BANK NOTES
OR OTHER DOCUMENTS
PAYABLE TO BEARER AND
UTTERING THE SAME
Acts penalized:
6.
7.
ARTICLE 167
COUNTERFEITING, IMPORTING
AND UTTERING INSTRUMENT
NOT PAYABLE TO BEARER
Elements:
1.That there be an instrument
payable to order or other
document of credit NOT payable
to bearer;
2.That the offender either forged,
imported or uttered such
instrument;
3. That in case of uttering he
connived with the importer or
forger.Counterfeiting under Art.
167 must involve an instrument
payable to order or other
document of credit not payable to
bearer.
COUNTERFEITING
1. Intent to imitate, or attempt to imitate
2. The genuine and the forged bear some
resemblance to each other
Elements:
1. Offender knowledge that the
document was falsified by another
person;
2. False document is embraced in article
171 or 172 (par. 1-2);
3. He introduces such document as
EVIDENCE in any JUDICIAL
PROCEEDING.
USE IN ANY OTHER TRANSACTION
Elements:
1. Offender knowledge that the
document was falsified by another
person;
2. False document is embraces in article
172 and 172 (par. 1-2)
3. He used such document NOT IN
JUDICIAL PROCEEDING;
4. Such use of document caused damage
to another or at least was used with
intent to cause such damage.
180. FALSE TESTIMONY AGAINST A
DEFENDANT
Elements:
1. Criminal proceeding
2. Offender testifies falsely under oath
against the defendant
3. Offender knows the falsity of such
testimony
4. Defendant must be convicted or
acquitted in a final judgment.
** Defendant must be sentenced to a correctional
penalty, fine, or must be acquitted.
Art. 187. Importation and
disposition of falsely marked
articles or merchandise made
of gold, silver, or other
precious metals or their alloys.
The penalty of prision
correccional or a fine ranging from
200 to 1,000 pesos, or both, shall
be imposed on any person who
shall knowingly import or sell or
dispose of any article or
merchandise made of gold, silver,
or other precious metals, or their
alloys, with stamps, brands, or
marks which fail to indicate the
actual fineness or quality of said
metals or alloys.
Any stamp, brand, label, or
mark shall be deemed to fail to
indicate the actual fineness of
the article on which it is
engraved, printed, stamped,
labeled or attached, when the
rest of the article shows that
the quality or fineness thereof
is less by more than one-half
karat, if made of gold, and less
by more than four onethousandth, if made of silver,
than what is shown by said
stamp, brand, label or mark.
But in case of watch cases and
flatware made of gold, the
actual fineness of such gold
shall not be less by more than
three one-thousandth than the
fineness indicated by said
stamp, brand, label, or mark.
Articles or merchandise
involved are those made of: 1.
Gold2. Silver3. Other precious
metals; or
4. Their alloys
ELEMENTS:1. That the offender
imports, sells, or disposes any of
those articles or merchandise2.
That the stamps, brands, or marks
of those articles or merchandise fail
to indicate the actual fineness or
quality of said metal or alloy; and3.
That the offender knows that the
stamps, brands, or marks fail to
indicate the actual fineness or
quality of said metal or alloy
Notes:
Art. 187 does not apply to the
manufacturer of misbranded
articles. The manufacturer is liable
for estafa
Arts.188and189havebeenrepea
ledbytheIntellectualPropertyCo
de
8.
An
unjust judgment is
rendered knowingly
when it is made
deliberately and
maliciously
The
judge must render
ELEMENTS:
1. That the offender is a public
officer entrusted with law
enforcement;
2. That the offender refrains from
arresting or prosecuting an
offender who has committed a
crime punishable by reclusion
perpetua and/or death; and
211>Indirectbribery
Direct Bribery
Indirect Bribery
As to consideration
There is agreement
between the public
No such agreement
Same with Art. 208, the
officer and the giver of exists
guilt of the offender is a
gift or present.
prejudicial question to