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Criminal Law II TSN

Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

(August 11, 2015) the place of comission, the crime being a


continuing offense, having been commenced in
CRIMES AGAINST NATIONAL SECURITY AND THE
the Philippines or having been committed in
LAW OF NATIONS
another country, if the suspects or accused is a
Under the crimes against national security we have 4 Filipino citizen, or a permanent resident in the
crimes: Philippines or the crime is commited against any
citizen of the Philippines”
1. Treason (114)
So there are 7 exceptions (1 st 5 exceptions found in Art. 2,
2. Conspiracy and proposal to commit treason (115)
RPC) to the application of territoriality principle:
3. Misprision of treason (116)
1. should commit an offense while on a Philippine ship or
4. Espionage (117) airship;
We also include here under RA 9372: 2.should forge or counterfeit any coin or currency note of
the Philippine Islands or obligation and securities issued by
5. Terrorism
the Government of the Philippine Islands;
6. Conspiracy to commit terrorism
3. should be liable for acts connected with the introduction
Under the crimes against the law of nations, we have: into these islands of the obligations and securities
mentioned in the preceding number;
1. Inciting to war or giving motives for reprisals
(118) 4. while being public officers or employees, should commit
an offense in the exercise of their functions;
2. Violation of neutrality (119)
5. should commit any of the crimes against national
3. Correspondence with hostile country (120)
security and the law of nations, defined in Title One of
4. Flight to enemy’s country (121) Book Two of the RPC;
5. Piracy in general and mutiny on the high seas or 6. Under HUMAN SECURITY ACT “should commit any
in Philippine waters (122) offense inside the consulate or embassy or diplomatic
premises belonging to or occupied by the Republic of the
REMEMBER: Crimes against national security and the law
Philippines in its official capacity”
of nations have extra- teritorial application. Even if the
criminal act is committed outside of the Philippine 7. ANTI- HUMAN TRAFFICKING ACT as amended by RA
territorial jurisdiction, the offender can still be charged and 10364.
prosecuted in due course. Remember article 2 of RPC.
Again, Crimes against National Security has extra-
Take note of the characteristics of criminal law which are:
territoriality principle that is even if it is committed outside
1. Principle of generality, 2. Principle of prospectivity and
of Philippine jurisdiction, the offender can still be charged
principle of territoriality.
and prosecuted by our laws.
What is included in the principle of territoriality?
What if you committed a crime under the Human Security
- article 2 is provides that our criminal law can only Act inside the embassy of the Philippines in Korea. Can
be enforced within our territorial jursdiction. It you be prosecuted under Philippine laws? OF COURSE!
cannot enforce it outside our territorial jurisdiction Remember the application of extra- territoriality principle.
because if we do, we will be violating the But what if, you committed a crime in Korea and you were
territoriality principle. arrested in the Philippines, can you be prosecuted in the
- However, there are EXCEPTIONS in the application Philippines? YES because of the application of RA 9372.
of territoriality principle under article 2 of the RPC in case of crimes against law of nations, the offender can
which enumerates the extra- territorial application be prosecuted wherever he is found because the crimes
of our laws. It enumerates of 5 exceptions under commited is regarded as commited against humanit in
RPC. general.
- The sixth exception of the application of These crimes are regarded as crimes against humanity or
territoriality principle is under the HUMAN crimes against mankind. Almost all of these crimes
SECURITY ACT. committed are crimes against national security, and are
- Before the enactment of RA 9372 or the Human mostly committed in times of war, except of the following
Security Act, we cannot try crimes which are which can be committed in times of peace:
commited inside Philippine embassies or its 1. espionage
diplomatic premises in other countries.
2. inciting to war or giving motives for reprisals
- The seventh exception is under RA 9208 or the
Anti- Human Trafficking Act. If you commit human 3. violation of neutrality
trafficking abroad, walay jurisdiction ang Philipinas Crimes against national security, specifically treason under
pero pagka- amend niya under RA 10364. The Article 114, these crimes are considered crimes that can
impact of this amendment is that under Sec. 26- A be committed when our country is at war. When our
of this RA 10364, it says, “ Should a commit a country is at war with another country, these crimes
crime even if commited outside the Philippines and specifically these crimes under 114, 115, 116, 117, is
whether or not such acts constitute an offense at
1
“When your resources are down to nothing, believe that God is up to something =)”
Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

already operational because the country is at war with making- ger2x xa sa lain, it’s a treasoneous act! It’s a
another, an enemy country. But when our country is not at betrayal of trust. There is premeditation in that sense.
war with any other country, these particular crimes under
There is also infidelity with reference to our relationship
crimes against national security are considered dormant.
with our country. If you breach that allegiance and you
They become active only when the Philippines is at war.
commit infidelity, that infidelity is called treason <layman’s
Until our country will be at war with any other country like
term for treason, traitor, traydor>. That’s why during the
China, these crimes enumerated as crimes against national
Japanese time, if you are traitor, there is a stigma to your
security shall remain dormant.
name including your children. It is carried over by the
So in one specific period in our history, when did we have family name. <JRAA story about Laurel as traitor during
these crimes? When were these crimes active? During Japanese time, changes of time and Japanese
World War II, when the Japanese invaded our country. descendants> Treason, therefore is a breach of allegiance
<JRAA jokes about when will we be invaded by another committed by a person against the government.
country>
Originally, treason is committed only by a Filipino citizen.
Almost all of these crimes are committed during times of The original concept is to the effect that only Filipino
war, except the following which can be committed during citizens owe their country allegiance. But in the course of
times of peace: time, history has taught mankind, in particular the
Filipinos, that such theory is impractical and has not
 Espionage
pragmatic value. So as of May of 1945, E.O. 14 was
 Inciting to war or giving motives for reprisals promulgated introducing an amendment to Article 114
declaring that resident aliens shall henceforth be liable for
 Violation of neutrality
the crime of treason. Because of the amendment,
These particular crimes can be committed even during allegiance has earned a secondary meaning. It used to be
peace time. that there is only permanent allegiance, now allegiance
can be temporary. While permanent allegiance is
Article 114. Treason. – Any Filipino citizen who levies
demanded from Filipino citizens such temporary allegiance
war against the Philippines or adheres to her enemies,
is required from resident aliens for staying in the
giving them aid or comfort within the Philippines or
Philippines as they owe permament allegiance to their
elsewhere, shall be punished by reclusion perpetua to
mother country. Temporary allegiance is required from
death and shall pay a fine not to exceed 100,000 pesos.
resident aliens for the protection extended by the
No person shall be convicted of treason unless on the
Philippine government to them.
testimony of two witnesses at least to the same overt act
or on confession of the accused in open court. Permanent Temporary Allegiance
Likewise, an alien, residing in the Philippines, who Allegiance
commits acts of treason as defined in paragraph 1 of this
It is demanded But resident aliens are required to
article shall be punished by reclusion temporal to death
from us as citizens owe temporary allegiance for as
and shall pay a fine not to exceed 100,000 pesos. (As
that we owe long as:
amended by Sec 2, R.A. No. 7659)
permanent
Elements of treason:  they are here in the Philippines,
allegiance to the
1. Offender owes allegiance to the Republic of the government.  receiving the same benefits as
Philippines that of an ordinary Filipino
citizen,
2. The Philippines is at war with another country
then, therefore, they owe temporary
3. The offender does any of the following overt acts:
allegiance to the Philippines.
a. Levies war against the duly constituted
By its very nature, Treason cannot be committed in times
authorities or against the forces of the
of peace. It is not an all-time offense. It is seasonal as it
government
can be committed only during war time where the
b. Adheres to the enemy country, giving said Philippines must necessarily be involved, just like the
enemy country aid or comfort Japanese times. As treason is basically a war crime, it is
made punishable by the state as a measure of self-
When one lives in the Philippines either as a citizen or a
defense and self-preservation. Meaning the theory of
resident alien, said individual owes allegiance to the
self-defense is not only available to an individual who is
Republic of the Philippines. Either as a citizen or a resident
being attacked, can also be applicable even to states.
alien, said individual is presumed to owe allegiance to the
government of the Philippines. The individual is under Q: is there a need for formal declaration of war by the
obligation to remain faithful and loyal to the government. Philippine government before treason can be committed?
When that individual fights the forces of the government
A: NO! there is no need for a formal declaration of war
of the Republic of the Philippines, by levying war or
before treason can be committed.
adheres to the enemy by giving the enemy aid or comfort,
the effect is, he has breached his allegiance to the It is essential to note that as it can be committed only
Republic of Philippines and such infidelity is called during war time where the Philippines must be necessarily
treason. involved. As treason is basically considered a war crime, it
is made punishable by the state as a measure of self-
Infidelity does not only refer to your spouse, husband or
defense and self-preservation. In the old case of Laurel
wife. Or kung mangita ug lain inyong girlfriend/ boyfriend,
2
“When your resources are down to nothing, believe that God is up to something =)”
Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

vs. Misa (77 P 865), the SC declared that “the law on by himself, even rebellion, always committed by multitude
treason is an emergency measure. It remains dormant of men.
until the emergency arises, but as soon as the war starts it
The second mode is the most common. Most of the
is relentlessly put into effect. While in a state of
cases of treason are committed by way of the second
hibernation during peace time, it asserts its authority as a
mode. If the first mode is committed by multitude of men,
self-preserving measure when actual hostilities begin.”
the second type or mode can be committed by an
This is the reason why all our decided cases in the SC
individual.
involve acts committed by the accused during WWII
between 1941-1945, acts committed during this period, The second mode is by adhering to the enemies of the
mao ni atong tutukan ug basa. Philippines, giving them aid or comfort. Now, the two must
go together:
Take note, the first element says the offender owes
allegiance to the Republic of the Philippines. As I have said 1. by adherence
earlier, allegiance may either be permanent or temporary.
2. giving aid and comfort to the enemy.
Where does permanent allegiance require? Who is
required? Filipino Citizens. What about temporary This is where the bulk of cases of treason lie. Most of the
allegiance? Resident Aliens. So if you are an American cases of treason deals on the second type, so this is the
residing here in the Philippines and you owe permanent most common of the 2 type.
allegiance to your country, since you are residing here in
First Type Second Type
the Philippines, then you owe temporary allegiance.
Committed by multitude of Can be committed only by
Why is it that treason is punishable? It is made
men an individual
punishable by the state as a measure of self-defense and
self-preservation.
The ways of committing the crime of treason: Adherence must be understood to mean that there is
1. By levying war against the duly constituted intent to betray. If I have the intention to betray this
authorities or against the forces of the country, but I did nothing, am I criminally liable? No.
government Bisag pag sige kag huna2x nga imung supportahan ang
China pero wa kay gibuhat, you cannot be liable for
2. By adhering to the enemies of the Philippines, treason. Even if there is intnet to betray but there is no
giving them aid or comfort physical act to commit it, there is no liability for treason.
Let’s go first to the first way of committing treason. That’s basic, we have learned in book 1, if there is only an
intent but no physical act of giving aid or comfort, it does
The term “levies war” means overt acts which translate not make one a criminal. Unless you put this into action,
into action emotional or intellectual sympathies of the you are not criminally liable. Definitely, adherence is a
offender towards the enemy country. It is manifested by preparatory act- it is therefore, not punishable by itself.
the actual assembly of men who will engage the forces of
the government. The war effort here must be to overthrow Furthermore, under article 8, mere preparatory acts are
the government. It matters not how they carry out the not punishable. Adherence is a preparatory act, happening
attempt maybe. Success is not important. What matters is in the mind and not necessarily happening in the realm of
the actual asembly of men with treasonable desire triable criminal law. Remember, preparatory acts are not
by the court. Murag rebellion ba. Meaning multitude of punishbale except if provided by law like possession of
men will rise up, they will rise against the forces of the picklocks. But when this adherence or these sympathies
government just like rebellion. are converted into aid and comfort, only then do they take
the material form. This material form is only what is made
The levying of war by the offenders must be to overthrow punishable under the law.
the government. It matters not how vain or futile the
attempt may be, success is not important here. What It is usually manifested by the offender:
matter is: 1. giving information
1. the actual assembly of men and 2. commandeering the people
2. the execution of reasonable design by force. 3. giving food stocks
That is on the first type of committing the crime of 4. serving as a spy
treason, by levying war against the government.
5. supplying the enemy with war materials
What is the end-purpose of levying war/ multitude of men
assembling themselves in order to replace the government These are examples of giving aid or comfort.
and overthrow the existing government? The end-purpose Q: China and the Philippines are at war. China invaded the
is to deliver the country in whole or in part to the foreign Philippines and subjugated resistance in Palawan. Chinese
country. armed forces occupied Palawan. B, a Filipino citizen,
In levying war, the example here is Filipinos would take up publicly declared that he is supporting the regime of
arms against the Philippine government for the purpose of China. He gave financial support to China and its armed
helping the enemy country. This first type of committing forces instead of giving information. Is B liable?
treason cannot be performed by one person only, it is A: Yes, B is liable because he adhered to the aid of the
committed by multitude of men. There is no levying war enemy by giving financial support to the Chinese forces.
3
“When your resources are down to nothing, believe that God is up to something =)”
Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

Q: China invaded the Phils. A is a Filipino citizen and he the crime of treason. These are
got so sick and tired of the government of the Philippines. considered indispensible elements of
He publicly announced that he is in favor of the military committing the crime- by levying war, by
operation of China and he is supporting it. Is he liable for giving aid or comfort.
treason?
So, therefore, these ordinary crimes cannot be separated
A: No, A is not liable for treason. Mere adherence to the from the crime of treason. So meaning, in the commission
enemy without giving aid or comfort does not amount to of the crime of treason, you committed the crime of
treason. Remember, adherence and giving aid and comfort murder, robbery, rape, arson, these crimes cannot be
must come together in the second mode. Adherence separated from that of treason. So there can be no
without giving aid or comfort, there is no criminal liability complex crime of treason with ordinary crimes.
of treason.
 Is treason a continuing offense? Just like
It is different if the situation is like this: rebellion? Yes. So if Commander Parago is walking
around in Ateneo, can we arrest him? Yes. Even if
Q: China invaded Philippines. Chinese forces went to the
Parago is in his house, can we arrest him? Yes
house of A. They compelled A to give them food otherwise
because rebellion is a continuing offense.
they will kill him. He is constrained to give them food. Is A
laible for treason? o Treason also is a continuing offense. It
can be committed by a single act, or a
A: No. Although A gave aid and comfort to the enemy by
series of acts. It can be committed in one
giving food, he did not adhere to them. Compulsion under
single time, or different times. And only
irrestible force is a justifying circumstance.
one crime is committed because the
Now, is treason a continuing offense? Just like the crime of offender only has one criminal intent.
rebellion, is it a continuing offense? YES!
It is important to note, however, that in construing the
Because of the nature of the crime of treason, it is a provision relating to the commission of several acts, the
continuing offense. It can be committed in a single act or same must be done in pursuance or furtherance of the act
by series of acts. It can be committed in one single time or of treason. So if the killing or robbery is committed by the
different times but one crime is committed. It is because offender in order to avenge a purely personal grudge
there is only one or same criminal intent. It is important which has no connection whatsoever with the crime of
that in construing the provisions pertaining to the treason, such killing or robbery shall be treated as a
commission different acts the same must be done in separate and distinct offense. That is the rule.
pursuance of furtherance of the act of treason.
Supposing, in one case decided by the SC under
So if robbery and killing are committed personally not in adherence involving the Makapili, (which is an organization
persuance to the act of treason or any connection to it, consisting of Filipino allies to the Japanese imperial forces)
the crime of robbery and killing must be treated as when you join the Makapili, this organization is considered
separate and distinct offenses. Even if the offender as allies (mao ni ang espiya sa mga Japanese during the
commits several acts of treason, he can only be charged time) this is a manifestation of your adherence to the
with one count of treason. enemy country. So when one is prosecuted for treason
Just like rebellion, wherever you go and you are a rebel, because of his membership with the organization during
you are the commander of Front 69 of Davao Region unya WWII:
ning-adto kag Bacolod without bringing arms, can you be  Can you be liable for the crime of treason? When
arrested? OF COURSE! Even if your rebellion is committed you are only a member of an organization? Is your
in Davao City because rebellion is a continuing crime If membership in that organization considered
you are a rebel, be sure na ikaw lang gyud nakabalo. adherence to the Japanese imperial army, making
SO remember, because of the nature of the crime of you liable for the crime of treason?
treason which is to fight the forces of government in order o SC said YES. The fact of joining into that
to bring its downfall, necessarily the offender must commit organization, your membership is already
some common crimes- common crimes against persons, an act of giving aid or comfort. So it will
property and public interest. So in the act of levying war, now be already under the second type of
or giving aid or comfort to the enemy, and murder, committing the crime of treason. So your
robbery, homicide are committed: mere joining of an organization which is
 Can these common crimes be treated separately considered as an ally of the Japanese is
from that of treason? already a manifestation of your adherence
of giving aid or comfort.
o No. We have already learned the
Hernandez doctrine (under Art 48).  Why?

 Can the crime of rebellion be complexed with o It helps boost the morale of the enemy.
ordinary crimes? Aah, naa diay tay ally na nadungagan, naa
man diay mi ally. That’s the point; there is
o No. In the crime of treason, common an impact on the part of the invading
crimes cannot be complexed with the country.
crime of treason because these common
crimes are inherent in the commission of  Supposing during the time, I supplied the
Japanese soldiers prostitutes for their recreation to
4
“When your resources are down to nothing, believe that God is up to something =)”
Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

satisfy their lust. Is my act of giving comfort Therefore, the principle we must not forget in treason: “
women to these soldiers already considered as No person shall be convicted with the crime of treason
giving aid or comfort? unless with the testimony of 2 witnesses at least over the
same overt act or with the confession of the accused in
o NO. The act contemplated by law is that
open court.”
which tends to strengthen the capability of
the military [of the enemy country], or The two-witness rule must be observed for each and every
that which tends to weaken the military external act performed by the offender. This was
capability of the country invaded to resist emphasized by the SC when it ruled the case of People
the invaders. (People vs. Perez, 83 P vs. Agpangan (79 P 334). In this case, the overt act
314) The SC held that it doesn’t consisted of doing guard duty in a Japanese garrison
strengthen their military prowess. during the time when the Philippines was occupied by the
Whatever advantage that it gave to the Japanese imperial forces. The SC ruled that the 2
enemy country was trivial, imperceptible witnesses must be presented to prove that on the specific
and unintentional. <JRAA jokes, so it date, the accused was seen doing guard duty in the
might have strengthen some other aspect Japanese garrison. In other words, the testimony must
noh? *laughs*> refer to the same act placed at a moment in time. Simply
stated, treason cannot be proved by circumstantial
In the case of People vs. Manayao (78 P 721), the
evidence. The two-witness rule is very restrictive. Our
accused joined the Japanese imperial forces. He was
law on treason was borrowed from the American
charged with treason. His contention is he is not liable for
Constitution. The law theoretically assumes that treason is
the crime of treason because he has already lost his
committed during abnormal times. In order to avoid
Filipino citizenship when he joined the imperial forces.
miscarriage of justice, the two-witness rule was adapted.
Because he is no longer a Filipino citizen, he doesn’t owe
allegiance to the Philippines, and since he does not owe Why is it severely restrictive?
allegiance, he cannot be held liable for treason. Upon
 the law theoretically assumes that the crime of
joining the forces, he lost his citizenship, and upon losing
treason is committed during amoral times and in
his Filipino citizenship, he does not anymore owe
order to avoid miscourage of justice, the two
allegiance to the Philippines, and therefore, he is not liable
witness rule must be adopted.
for treason. Held: SC said the accused cannot divest
himself of his Philippine citizenship by the simple, What is the purpose [of the two-witness rule]?
expedience of accepting a commission in the military,
o The purpose is to prevent mortal enemies
naval, or air service of such country. IF the contention of
from resorting to unscrupulous means to
the accused will be sustained, your own crime becomes
get even with enemies taking advantage
your own defense. Here in treason, you are prosecuted
of an extremely brawl times. That was the
precisely because you joined the enemy. Your joining the
language of SC used in the case of
enemy cannot be used as a valid defense.
People vs. Escleto (84 P 121).
How do we find a person guilty for treason? What are the
 Why do we have this rule? Why is the two-witness
requirements in proving treason?
rule very restrictive?
The principle under [2nd par.] of Art. 114 is that no person
o This is a crime very serious in nature. The
shall be convicted of treason unless:
stigma of you being a traitor to the
1. on the testimony of 2 witnesses (two-witness rule country will be laid down from one
) at least to the same overt act or generation to another. So that’s why we
2. on confession of the accused in open court. have that very restrictive rule on the two-
witness rule.
In order to prove or in order to secure conviction, the
But before that, what do you mean by SEVERELY testimony of 2 witnesses at least on the same overt act
RESTRICTIVE RULE? that is being presented by the prosecution.
- it is the other term for TWO- WITNESS RULE An overt act means a physical activity which translates into
action the intellectual or emotional sympathies of the
mura lang nag terms sa 2 kinds of rape. Sa una ang kinds
accused towards the enemy. Another term given by the
are: 1. Rape by sexual intercourse and 2. Rape by sexual
law to this is “ giving aid or comfort”. So that is the
assault. But the terminologies evolve. Now, ang justices,
principle we must not forget when we prosecute a person
ang ilang gamit: 1. If rape by sexual assault, they call it
for the crime of treason- the two-witness rule.
gender- free rape. In the case of sexual intercourse, they
call it organ rape. Supposing, when 1st witness of the prosecution testified
that accused committed this particular act on November 9,
1. Two-witness rule:
2nd witness testified that accused did a particular act on
Treason is not an ordinary crime. In order to prove the November 10. Based on the testimony of the 2 witnesses,
same or secure a conviction, the testimony of 2 witnesses can we convict the accused of the crime of treason?
at least to the same overt act must be presented and
o NO. Because the rule says these two
proven by the prosecution. 2 witnesses must be able to
identify the act of treason committed by the accused and witnesses must testify on the same overt
the 2 witnesses must testify separately. act. There can be no same overt act there
5
“When your resources are down to nothing, believe that God is up to something =)”
Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

because one witness testified on the act testified that he saw X together with the same Japanese
committed on November 9, the 2 ndtestified soldiers who executed the Filipinos. If you were the
on the act committed by the accused on judge, what is your ruling?
November 10. The two witnesses must
Q: I will acquit X. There were two acts of treason
testify on the same overt act.
committed which are on June 1 1944 and on July 4 1944.
Q: Supposing China invaded the Philippines. A is a Filipino The prosecution only presented one witness in each
citizen. A publicly declared that he admires the cause of separate act of treason.
China and is supporting it. A gave financial support to the
2. Confession in open court:
Chinese. After the war, A was prosecuted for treason. One
witness is presented to prove his act of adherence to the It refers to that stage in the hearing of the criminal case
enemies, 2 witnesses were presented to prove his giving when the accused in brought to court for arraignment.
aid and comfort to the enemies. If you were the judge During arraignment, the court interpreter would say the
trying the case, will you convict or not? charge and ask the accused, “What do you say about the
charge, are you guilty or not guilty?”; and the accused
NB by JRAA: I WILL NOT GIVE OUT THE ANSWER
says he’s guilty.
OF THIS BECAUSE I WANT YOU TO ANSWER THIS
DURING YOUR EXAM. SAYON LANG NI BONUS NA During the review of the information and the accused is
HA. IN BONUS QUESTIONS, IF CRIMINAL LAW, IN informed of the nature and the cause of the accusation
CASE OF DOUBT, RULE IN FAVOR OF THE ACCUSED. against him, he is asked to enter into a plea- guilty or not
IF TAXATION, IF THE GOVERNMENT IS GIVING guilty. So if he enters into a plea of guilty, that is
OUT AN EXEMPTION, IT IS TO BE APPLIED considered as an open court admission. And by that alone,
RESTRICTIVELY. SO, IN BONUS QUESTIONS, IT we can prove your criminal liability for the crime of
WILL BE READ AND CORRECTED STRICTLY. BONUS treason.
EH. BANTAY HA…
Review:
ANOTHER QUESTION:
The crime of treason is a war crime.
King kong is a Chinese citizen residing in Sta. Mesa, Rizal
Elements of treason.
for 30 years. When China declared a war against the
Philippines, Kingkong and many of his Chinese friends Ways of committing treason like levying war against the
have attacked a military detachment run by the Philippine government and by adhering to the enemies by giving
Army and killed 15 soldiers. Did kingkong commit treason them aid and comfort.
and why?
Two ways of proving treason:
A: Yes, Kingkong committed treason because he is a
1. Testimony of two witnesses to the same overt act
resident in the Philippines even if he is an alien. Being a
- must be on the same overt act.
resident alien, he owes temporary allegiance to the
government of the Philippines. Considering that the Why? Because this is a crime that is very serious
Philippines is in war with China, his act of attacking the in nature. The stigma will affect one generation
military detachment of the Philippine Army, he breached from another that’s why we have a restrictive two-
such temporary allegiance he owes. witness rule.
Now, Kingkong argues that he is not liable for treason 2. Confession of the accused in an open court.
since he is a Chinese citizen, he became an enemy of the
Common crimes committed while treason is being
Philippines. Is your answer still the same?
committed. How do we treat them? The commission of
A: Yes. Even if he is an enemy, he did not lose his common crimes like robbery, murder etc. are they
temporary allegiance to the government of the Philippines complexed in accordance with Article 48? The SC in the
being a resident in the Philippines. The fact remains that case of People V Prieto under Article 48 of complex crime
all the elements of treason are committed. it appear that the commission of the aforesaid common
crimes would be necessary to commit treason. If such is
ANOTHER:
the case it is proper for the crimes treason, murder and
Can treason be committed through negligence? other ordinary crimes and that the common crimes
committed while treason was being committed are
A: No. Treason is always committed by means of dolo. It
deemed absorb because they are inherent in the
must be intentional. There must be intent to betray. It
commission of such crime of treason. In other words, if
cannot be culpa. It is just like rebellion.
the common crime is an element of the crime charged it
Can treason be complexed with ordinary crimes? should not be treated as a separate offense. There is
therefore no complex crime of treason with murder and
A: No. Ordinary crimes are inherent in the commission of
other common crimes.
treason. PROVIDED, it can be proven that it is connected
to the crime of treason. This is just like in the cases of Pp Can the crime of treason be committed by means of
v Geronimo and Pp v Hernandez. culpa? Or treason can be committed by mere negligence?
Example I am not a spy but I handed materials which
ANOTHER:
contain information vital to the defense of the enemy and
After the war, X was charged for treason. A testified that because what I did in effect I help the enemy country so
on June 1 1945, X executed 20 Filipino soldiers. On July 4, there is the element of lack of foresight or lack of skill. Can
1944 the Japanese soldiers executed 44 Filipino soldiers. A there be treason thru negligence? SC said NO. Treason is
6
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always committed by means of dolo. It is an intentional Yes. It may be committed by executing a single act or a
felony. The intent is to betray. It cannot be committed by series of acts. A person who performs several acts in
means of culpa. The government cannot the claim that the committing a crime of treason is not criminally responsible
person lack the foresight or that he lack skill when he for its separate act but should be liable from one single
committed the act and that he should be liable through offense of treason. It is a continuing offense like rebellion.
culpa or negligence.
Distinguish treason from rebellion.
If you are accuse to the crime of treason, what would be
Treason Rebellion
the possible defenses? The accused may invoke duress,
uncontrollable fear of immediate death, lawful obedience Manner to Levying war The purpose is to
to a de facto government, change of sovereignty, which against the forces substitute the
suspended allegiance, loss of citizenship. crime is of government the government to their
committed purpose is to own form of
How did the SC rule on theses defenses? Are these
deliver the government. Sample
tenable or not?
government to the NPA’s mission is to
On change of sovereignty – for example I was accused by enemy country or substitute our
the crime of treason and I claimed that I should not be in foreign power. democratic form of
held liable because there was already a change of government to
sovereignty and that I should not be held liable so where communism. No
the sovereignty is loss, I no longer owe allegiance to the foreign power is
government. Is this valid? In the case of Laurel V Misa (77 involved.
Phil 856), a citizen owes not a qualified and temporary
allegiance because we owe permanent and absolute Distinguish treason from sedition.
allegiance which consists an obligation of fidelity and Treason Sedition
obedience to his government or sovereign. This duty of
absolute and permanent allegiance to the government Manner to By means of force The offender
concurred by the enemy state is not a abrogated by a which and intimidation. disagrees with
simple expedient occupation of the enemy country. Why? crime is He does not certain policies of
Because the sovereignty of the government is not committed recognize the the State and seek
transferred by the occupier. It is just there. Hence, if not supreme authority to destroy public
transferred to the enemy occupant it must be necessarily of the State. He peace by raising a
vested in the government. violates his commotion or public
allegiance by uprising.
Loss of citizenship – fighting the forces
People V Manayao (78 Phil 721). of the duly
constituted
Manayao was charged with treason because he joined the authorities.
Japanese army because the Makapili group joined forces
with the Japanese. By that, he killed so many people. The Crime against the Against public order
accused said he cannot be charged for treason because national security like rebellion
when he joined the Japanese forces he already loss his Remember:
citizenship and when he loss his citizenship he is no longer
liable for treason because he owes no more allegiance. SC 1. Treason is only committed in times of war.
said that it is a queer defense. 2. No matter how many acts of treason are
He would shut the conscience of any enlightened citizenry committed by the offender he will only be liable
to say that this appellant by the very fact of committing for one crime of treason. The series of acts
the treasonous acts charged against him the doing of performed by offender are considered as
which under the circumstances of record does not deny indispensable element of the crime hence,
that it divested himself with Philippine citizenship and absorbed in the crime of treason.
thereby claims himself beyond the arm of our treason law. 3. No complex crime of treason with murder and
For it were so, his cry would become a shield that will ordinary crimes because these are inherent in the
protect him from punishment. crime of treason.
Duress – force find in Article 12 (exempting 4. In the imposition of penalty in the crime of
circumstance). The irresistible force. treason, the court may disregard the presence of
If you invoke uncontrollable fear of immediate death, SC mitigating and aggravating circumstances. It may
said in People V Villanueva. consider only the number, nature and gravity of
the act as established during trial and the
He joined the Makapili because he was threatened by the imposition of penalties rest largely on the exercise
Japanese and that if he will not follow the Japanese will of judicial discretion.
take him away to them. SC said that the claim of
irresistible cannot be sustained. The vague fear which he 5. Treachery, evident premeditation and abuse of
claims has no basis. This is not the fear required by the superior strength are absorbed in the crime of
law. What is required by law? Fear of death. treason.

Is treason a continuing offense? Article 115. Conspiracy and proposal to commit


treason; Penalty. - The conspiracy or proposal
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to commit the crime of treason shall be At this conjuncture, it must be remembered that while
punished respectively, by prision mayor and a treason must be established by two witness rule, the same
fine not exceeding P10,000 pesos, and prision is not observed if the crime committed is conspiracy to
correccional and a fine not exceeding P5,000 commit treason and proposal to commit treason. Two
pesos. witness rule is not applicable in Art. 115. It is only
applicale in Art. 114.
There are 2 crimes that can be found under this Article: Case: US V Bautista et al (6 Phil 581)
1. Elements of the crime of proposal to commit A number of Filipinos in Hong Kong entered to junta for
treason: the purpose of overthrowing the government established
by the US here in the Philippines. One Primo Ruiz was
a. There is a war in which the Philippines is involved.
elected as the head of the junta and Artemio Ricarte as
b. At least one person decided war against the the chief military arm to be organized in the Philippines.
government or to adhere to the enemies and to General Ricarte returned to Phil from HK and held several
give them aid or comfort. meetings with other people sympathetically cause one
Francisco Bautista actively participated to perfect the
c. He proposes its execution to some other person/s
conspiracy. In one particular meeting he assured Ricarte
2. Elements of the crime of conspiracy to commit that all necessary preparations had been made and that
treason: held the people in readiness. Bautista together with the
other conspirators where apprehended and tried to the
a. There is a war in which the Philippines is involved.
crime of conspiracy to commit treason with only one
b. Persons come to an agreement to levy war against witness. After trial, the trial court convicted them. On
the government or to adhere to the enemies and appeal, the conviction was affirmed. They said that they
to give them aid or comfort. should not be convicted because there are only 1 witness.
It is worthy to know that treason as a crime should be
c. They decide to commit it.
established by the two-witness rule the same is not
Remember in Art8, proposal and conspiracy to commit observed when the crime committed is conspiracy to
felony is not punishable that’s the general rule unless commit treason. So therefore, two-witness rule will only be
there’s a law that specifically provides for a penalty liable when one is charge with treason. Thus, not
therefor. Remember Art8 in proposal and conspiracy to applicable when you are only charge for proposal or
commit felony or a special law is not a crime. But under conspiracy to commit treason.
A115 the mere conspiracy and proposal to commit treason
Note, if the conspiracy is already carried out, meaning the
is already punishable therefore, it is one of the exceptions
overt acts are already performed, translating into action,
laid down in Art8. The mere proposal/conspiracy to
the crime committed is not anymore conspiracy or
commit treason is also a felony. Art. 115 is the exception
proposal to commit treason but already treason.
to the general rule that conspiracy by itself is not a crime.
But why, to think these are just mere preparatory acts? Remember in your crim 1 pertaining to art. 8, distinguish
Remember proposal to commit a felony (eg murder) is not conspiracy incurring criminal liability and conspiracy as a
yet a crime unless or until the specific task is performed crime? Art. 115 is a concrete example of conspiracy as a
that lead to murder. But in treason, mere proposal liable crime itself. But always remember that when the acts of
ka na. treason is already carried out, conspiracy becomes a
means to commit treason and thus, it is absorb as a crime
Why? Because it is justified under the police power of the
of treason.
State for reasons of public policy because it is the very
existence of the State is endangered that’s why mere So when asked in the exam, what is conspiracy as a crime,
proposal or conspiracy is already punishable. art. 115 should come into mind because the law says so
that it is a crime itself.
Supposed, I decided to commit a felony and proposes it to
X, what crime did I commit? Nothing. But when you say conspiracy as a means incurring criminal
liability, once conspiracy is used to carry out into action,
Supposed, I decided to commit treason and proposes it to
we do not say, “ah you are liable of two crimes which are:
X, what crime did I commit? Proposal to commit treason
article 114 and art 115” but rather, you will be charged of
under A115.
treason.
Supposed, A and B decided to commit treason, what crime
What about conspiracy? Remember, it was a vehicle that
is committed? Conspiracy to commit treason.
was being used to carry out and commit treason.
Supposed, A propose to B that they commit treason, B
Parehas anang murder, malagot ko anang information na
agreed, A and B committed acts of treason. What would
usa lang ang accused pero ang ingon, “conspiring,
be the liability of A and B? They are liable for treason.
conflagrating xxx” unsa pwede ba diay ka magconspire
What happened to the proposal and conspiracy? They are
with your own self? There must be something wrong with
absorbed. Since they already performed the acts of
you kung ingana man. Conspiracy gani there must be 2 or
treason they are then liable. The proposal and conspiracy
more persons involved. You cannot conspire with your
are absorbed in the crime of treason. There is only 1 crime
own self just like I proposal also. In proposal you propose
here. The proposal and conspiracy are no longer treated
to other person. Alangan nman you propose it to your own
as a felony but it becomes a manner in incurring criminal
self. Nabuang naka kung ingana!
liability of treason.
8
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Example: there are 5 persons who committed murder. 1 is you are liablie of a felony by ommission. This is a culpable
punished as principal by inducement, the other is by direct felony. The offender is liable due to his failure to do an
participation, ang uban kay mga look out. They still part of act.
conspiracy. What about if magplano ta na patayon nato si
The scenario is that the offender has knowledge to commit
Fr. Tabora after our class tonight. Pwede ba ta dakpon or
treason against the Phil govt and he fails to report such
kasuhan? Of course not kay wala man tay gibuhat. Wala
knowledge to the authorities as mentioned on A116. What
pa man xa namatay! As long as our conspiracy remains as
is required is for the conspiracy is to be reported to the
conspiracy, we do not commit the crime since there is no
authority. Otherwise you will be held liable. The offender
crime as conspiracy to commit murder. But if we carry out
must not wait or allow time to pass as conspiracy might
our plan na patyon si Fr. Tabora, then we commit murder.
ripen to an act of treason. It is made obligatory to all the
How do we incur murder? By involving ourselves in a
citizens to report to the govt any conspiracy to commit
conspiracy. That is what we mean as conspiracy as means
treason so that the govt may take action to prevent its
by incurring criminal liability.
occurrence. But the obligation to report does not include
What are punishable conspiracies by law? (pang- foreigners even if they are residents in the Philippines.
top na ni sa bar!) Misprision of treason is only applicable to the Filipino
citizens.
1. conspiracy to commit treason (art.115)
Misprision is only committed by the citizens of the phil.
2. conspiracy to commit coup d’ etat (art.136)
Because of the language of the law “without being a
3. conspiracy to commit rebellion (art. 1360 foreigner”. Criminal liability arises even if it is still in the
conspiratorial stage. Because if treason already erupted
4. conspiracy to commit insurrection
into an overt act, the implication is that the govt has
5. conspiracy to commit sedition already have known of it. There’s no need to report the
same because committed na siya. This is a felony by
6. conspiracy to commit arson
omission.
7. conspiracy to commit terrorism
The enumeration provided under A116 is not limited on
8. conspiracy to violate RA 9165 (sec. 26 of the governor, fiscal, mayor any person in authority having
Dangerous Drugs Law) jurisdiction like regional trial court, pnp. What makes one
liable under A116 because the offender having knowledge
of the existence of the felony fails to report to the proper
Article 116. Misprision of treason. - Every person authorities note, you must not be in conspiracy with the
owing allegiance to (the United States) the other otherwise you will be liable under A115. You must
Government of the Philippine Islands, without not be in conspiracy with the other. There are
being a foreigner, and having knowledge of any conspirators, you are a stranger. You are not part of them
conspiracy against them, conceals or does not but you have learnt of it.
disclose and make known the same, as soon as
Supposed, I have knowledge that A giving aid and comfort
possible to the governor or fiscal of the
to the enemy but I didn’t report the matter to the
province, or the mayor or fiscal of the city in
authorities. Am I liable to misprision of treason? No. the
which he resides, as the case may be, shall be
rule is that I only have knowledge of the conspiracy. What
punished as an accessory to the crime of
is only required is that you have knowledge of the
treason.
conspiracy and you failed to report it. When there is
already treason the act of giving aid or comfort is already
Elements: an act of treason therefore you are not liable. Why?
Because I failed to report it. The act of A is already giving
1. That the offender owes allegiance to the
aid and comfort which is already a conspiracy that is
Government and is not a foreigner.
already an act of treason. Since the act is already
2. He has knowledge of nay conspiracy (to commit committed you are no longer liable for misprision of
treason) against the Government. treason.
3. He conceals or does not disclose and make known If you are a parent of a co-conspirator to commit treason
the same as soon as possible to the governor or and you parent overheard it that they are in conspiracy to
fiscal of the province etc. commit treason. Are you liable? (Ma’am: This will be asked
during the exam)
Misprision of treason is a felony by omission (culpable
felony). This is an exception of the general rule that mere Another example: A and B are husband and wife. B, came
silence of one knowing the commission of the felony does to know of the conspiracy to commit treason by her
not commit a crime under RPC. husband, A. Fearing that her husband goes to jail, she
decided not to disclose it to the authorities. Does she incur
Example, you witness murder and you do not want say
the liability of concealment of the conspiracy or misprison
something nagpakahilom ka lang you do not commit a
of treason?
crime? No. the government cannot force you to speak.
Q: B is not an accessory under Art. 19 of the RPC but a
BUT this is an exception here you are liable. In the crime
principal to the crime of misprion of treason. B cannot
of misprison of treason, once you have knowledge of an
even claim under Art. 20 of the RPC which exempts
existence of a conspiracy to commit treason, you are
relatives as accessories from criminal liability. This is
obligated to report the matter to the government. If not,
9
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Original TSN from 2012- 2013 Uno Manresa lectures

because in Art. 117 or misprison of treason, you are He obtained plans, maps, photographs and other data of
charged as a principal and not as an accessory. So the fact confidential nature relative to the defense of the
that you are the wife, the husband or children will not Philippines. Did he commit the crime of espionage?
exempt you from the criminal liability of misprison of
A: Yes. It is not necessary that he have obtained any
treason. You cannot invoke Art. 20 in relation to Art. 19
information, plans, etc., mentioned in Par. 1, Art. 117. It is
because you are not charged as an accessory but as a
sufficient that he has the purpose obtain any of them
principal to the crime of misprison of treason.
when he entered the security facility.
(August 14, 2015)
Under the 2nd mode, by disclosing, the offender who has in
Article 117. Espionage. - The penalty of prision his possession the articles, data, or information by reason
correccional shall be inflicted upon any person of the office he holds taking advantage of his official
position that reveals or discloses any information
who: confidential and relevant to the defense of the Phils.
1. Without authority therefor, enters a warship,
fort, or naval or military establishment or ELEMENTS (according to Reyes)
reservation to obtain any information, plans, 1. that the offender is a public officer;
photographs, or other data of a confidential nature
relative to the defense of the Philippine 2. that he has in his possession the articles, data or
Archipelago; or information referred to im Par. 1, Art. 117, by
2. Being in possession, by reason of the public reason of the public office he holds;
office he holds, of the articles, data, or information 3. that he discloses their contents to a representative
referred to in the preceding paragraph, discloses of a foreign nation.
their contents to a representative of a foreign
nation.
The penalty next higher in degree shall be imposed Generally, if the public officer is not the custodian of the
if the offender be a public officer or employee. said information, he is not liable for espionage but for
violation of CA 616. This was enacted to reinforce
NB: there espionage punishable under the special law and espionage under the RPC.
there is espionage punishable under the Revised Penal In relation to Espionage we also have CA 616 (An Act to
Code. Punish Espionage and Other Offenses against National
There are 2 ways of committing espionage under Art 117: Security) and BP 39.

1. By entering, without any therefore, a warship, Acts punish under CA 616


fort, or naval or military establishment or 1. Unlawful obtaining of information affecting the defense
reservation to obtain any information, plans, of the Philippines.
photographs or other data of a confidential nature
relative to the defense of the phils 2. The unlawful disclosure of such information in a foreign
country whether in times of peace or in time of war.
2. By disclosing to the representative of a foreign
nation the contents of the articles, data or 3. Disloyal acts or words in times of peace which causes
information referred to in par 1 of A117, which he insubordination, mutiny of the armed forces of the
had in his possession by reason of the public office Philippines.
he holds. 4. Disloyal acts or words in times of war like conveying
Note, espionage is not conditioned by the citizenship of false report with intent to interfere with the operation of
the offender. Therefore, this is committed in times of war the AFP.
and time so peace. Sa treason in times of war, here in 5. Conspiracy to commit any of the said acts.
espionage war and peace.
6. Harboring or concealing violators of the law
Under the 1st mode, the offender must have the intention
to obtain information relative to the defense of the Phils. It 7. Photographing vital military information
is not necessary that the offender have obtained the
information it is sufficient that he entered the prohibited
premises. The offender here is any private individual NB: There is only few cases involving espionage.
whether an alien or a citizen of the phils or public officer.
ELEMENTS (according to Reyes) Distinction between Treason and Espionage
1. that the offender enters any of the places mentione Treason Espionage
therein;
Offender is a Filipino Can be committed by a Filipino
2. that he has no authority therefor; citizen or a resident citizen or an alien because
3. that his purpose is to obtain information, palns, alien. committing the crime is not
photographs or other data of a confidential nature conditioned by the citizenship of
relative to the defense of the Philippines the offender.

Example: Mario surreptiously entered the security room of


Fort Bonifacio without the knowledge of the officer in duty.
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Committed during Committed during war time or The scenario here is that there is a war on-going between
war time peace time nations but the Philippines is not a party to the war. To
maintain its neutrality the government issues proclamation
There are 2 ways in There are several ways under Art.
and rules to protect its interests but the offender violates
committing the act 117 and CA 616
any of the rules promulgated. The violation can be done
Mala in se Can be mala in se or mala prohibita by means of dolo or culpa. So violation here can also be
committed by reckless imprudence.
EX: Japan and China are at war. China invaded Japan.
Section Two. - Provoking war and disloyalty in case of The Philippine Government doesn’t want to involve itself in
war war. The President of the Philippines upon due
Article 118. Inciting to war or giving motives for consultation with the Houses, adopted a policy to maintain
reprisals. - The penalty of reclusion temporal shall neutrality and disemiated the information for its
be imposed upon any public officer or employee, enforcement. A, a Filipino businessman, violated the policy
and that of prision mayor upon any private of neutrality by giving financial and material aid to China.
individual, who, by unlawful or unauthorized acts Thus, A is liable for violation of neutrality.
provokes or gives occasion for a war involving or
Article 120. Correspondence with hostile
liable to involve the Philippine Islands or exposes
Filipino citizens to reprisals on their persons or country. - Any person who in time of war, shall
property. have correspondence with an enemy country
or territory occupied by enemy troops shall be
Elements: punished:
1. The offender performs unlawful or unauthorized 1. By prision correccional, if the correspondence
acts. has been prohibited by the Government;
2. By prision mayor, if such correspondence be
2. Such acts provoke or give occasion for a war carried on in ciphers or conventional signs; and
involving or liable to involve the Philippines or 3. By reclusion temporal, if notice or information be
expose Filipino to reprisals o their perosnds or given thereby which might be useful to the enemy.
property. If the offender intended to aid the enemy by giving
Take note of the penalty, if it is a public officer it is such notice or information, he shall suffer the
reclusion temporal. If it is a private individual prision penalty of reclusion temporal to death.
mayor.
This is committed in times of peace. What is important ELEMENTS:
here is the effect of what you did. 1. that it is in time of war in which the Philippines is
Why prohibited? Because it distorts the prime relation that involved;
our country have with the other country. This is committed 2. that the offender makes correspondence with
by public officer or private individual. enemy country or territory occupied by enemy
Examples of inciting to war or giving motives for reprisals? troops;
The Flor Contemplacion story, Duterte burned the flag of 3. that the correspondence is either—
Singapore in a public place. The burning was protested by
the government of Singapore. The act is an example a. prohibited by the government;
inciting to war or giving motives for reprisals. b. carried on in ciphers or conventional signs;
Another example is the recruitment or mobility of troops in c. containing notice or information which might
the Philippines to foreign country to fight another. Kanang be useful to the enemy.
mangrecruit ka na mag- join sa ISIS. The mere recruiting
will make you criinally liable under this article. Is this applicable nowadays with the advent of emails?
Diba our emails are monitered by the CIA or KGB!
Article 119. Violation of neutrality. - The penalty of
prision correccional shall be inflicted upon anyone Correspondence is communication by means of letters bet
who, on the occasion of a war in which the people. The letter must be sent without any intention on
Government is not involved, violates any regulation the part of the writer to give information to the enemy. If
issued by competent authority for the purpose of the correspondence has the intention to aid the enemy the
enforcing neutrality. crime is tantamount to treason and the penalty of such will
be imposed upon the offender. In par 1 in A120 there
must be a prohibition. It doesn’t matter what is the
Elements: content of the letter as long as there is prohibition.
Remember, imitation games na movie? 
1. There is a war in which the Phils is not involved.
The correspondence is either:
2. There is a regulation issued by competent
authority for the purpose of enforcing neutrality. 1. Prohibited by the government.
3. The offender violates such regulation. 2. Carried on in ciphers or conventional signs.

11
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

3. Containing notice or information which might be seize the whole or part of the cargo of said vessel,
useful to the enemy. its equipment, or personal belongings of its
complement or passengers.
What if we have a war against China and you have a ka-
The same penalty shall be inflicted in case of
penpal there and the Phil govt imposed na bawal
mutiny on the high seas or in Philippine waters.
magsulat-sulat and nagsulat ka sa imong ka-penpal tapos
ang letter contained “bayot si Justin Bieber or satanic si
lady gaga”. Did I commit a crime? Yes. Because you How do you distinguish piracy from mutiny?
violated the prohibition. This is for you to prevent giving
A: Piracy is considered a crime to the whole world. It is a
information because you might share something to the
crime against the mankind. Along this line, pirates can be
enemy country.
prosecuted wherever they go and wherever they are
Article 121. Flight to enemy country. - The penalty arrested. The pirates violate not the law of a country but
of arresto mayor shall be inflicted upon any person the law of nations.
who, owing allegiance to the Government,
3 kinds of piracy:
attempts to flee or go to an enemy country when
prohibited by competent authority. 1. piracy in high seas or open seas;
2. piracy in Philippine waters;
JRAA: this crime is committed by mere attempt. There is
3. Air piracy under RA 6235
no attempted flight to enemy country or frustrated flight
to enemy country. Two ways of committing piracy in high seas or open seas:
Elements: 1. By attacking or seizing a vessel on the high seas
or in open seas;
1. There is a war in which the Phils is involved.
2. By seizing in the vessel while on the high seas
2. The offender must be owing allegiance to the
waters the whole or part of its cargo, its
govt.
equipment or personal belongings of its
3. The offender attempts to flee or go to enemy complement or passengers.
country.
Elements of these 2 acts:
4. That going to enemy country is prohibited by
1. The vessel is on the high seas or in Phil waters.
competent authority.
2. The offenders are not members of its complement
EX: China declared war against the Philippines. War rage
or passengers of the vessel.
on. X, a Filipino citizen, boarded the plane bound to China
but before the plane could take off, X was arrested by the 3. The offenders (a) attack or seize that vessel, or
authorities. Is X liable under Art. 121? (b) seize the whole part of the cargo of said
vessel.
A: Yes, X is liable under Art. 121 because he attempted to
fly to enemy country. This crime is consummated by the 4. There is intent to gain (animus lucrandi)
mere attempt.
Before piracy and mutiny can only be committed while in
(discussion in 2013 TSN) When the crime of treason is high seas ie., outside the Phil territorial waters before the
discussed it was said that it can be committed by a amendment. But in august 1974, PD 532 or the Anti-Piracy
resident alien. He can be held liable because of his and Anti-highway robbery law was issued punishing piracy
temporary allegiance to the phil govt. a Filipino citizen (but not mutiny) in Phil territorial waters. Thus came 2
owes permanent allegiance to the Phils. Allegiance types of piracy. That punished under the RPC (if
therefor is a principal element of the crime whether committed in the high seas) and under PD 532 (if
temporary or permanent that is in treason. Flight to the committed under Phil territorial waters).
enemy’s country as a felony can be committed not only by
Amending Art122, RA 7659 (the heinous crime law)
a fil citizen but also by a resident alien. However, the law
included piracy in Phil territorial waters. Thus, superseding
is explicit that the going or the flight in an enemy country
PD 532. As amended, the article now punishes piracy as
must be prohibited by the govt. the govt must implement
well as mutiny whether committed in the high seas or in
the provision by promulgating rules and regulation to such
Phil territorial waters. The penalty has been increased to
effect. Otherwise without such proscription no crime is
reclusion perpetua (before temporal).
committed. Take note in this article mere attempt already
constitute a crime. Mere attempt already consummate a When we say high seas, it refers to the body of water
crime to flight to one’s enemy’s country. Attempted stage which are outside of our territorial waters. When we say
pa lang consummnated na. COMPLEMENT, it means the whole number of officers and
members of the crew needed to alight the ship.
Section Three. - Piracy and mutiny on the high seas or
in Philippine waters WHO CAN COMMIT PIRACY IN HIGH SEAS OR OPEN
SEAS?
Article 122. Piracy in general and mutiny on the
high seas. - The penalty of reclusion temporal shall As a rule, it is only the outsiders. It cannot be committed
be inflicted upon any person who, on the high seas, by the passengers or members of the crew or complement
shall attack or seize a vessel or, not being a of the vessel. Remember, pirates in the high seas or open
member of its complement nor a passenger, shall seas are outsiders of the vessel. They should not be

12
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

members of the crew or complement or passengers of the piracy can now be committed by a passenger of the
vessel. They should not be insiders. Example ani the vessel, a member of the crew or complement of the
movie, “Capt. Philips”. Under PD 532 piracy can only be vessel.
committed by a person who is not a passenger nor a
Take note, in the earlier example, the crime committed
member of the complement of the vessel. So before a
was theft because there was no threat or intimidation.
person committing robbery in the high seas the crime is
When outsiders attack the passengers or crew of a vessel,
robbery not piracy (before the amendment).
the crime committed is piracy. Before the amendment, if
2008 Bar Q: If the passenger is lawfully admitted to the the passenger attacks another passenger with threat or
vessel other than the crew or complement of the vessel, intimidation, the crime committed is robbery. But now
then he is to be considered as passenger. So if he given the amendment, even if passenger basta nay threat
(passenger) gets the property of other passenger or or intimidation, the crime is piracy gihapon.
complement of the vessel in the high or open seas by
If M/V Pamana, a Panamanian vessel, was forced to take
means of force or intimidation, what is his crime?
refuge near the island of Taiwan to avoid the wrath of the
A: the crime is robbery because the person who deprived thunderstorm. While it was in the territorial waters of
others of their properties is a passenger. He cannot be Taiwan, a fast motor boat, manned by A, B and C,
charged of piracy. attacked the Panamanian vessel by firing at it. What crime
is committed?
Under PD 532 as superseded by RA 7659, piracy in Phil
territorial waters (internal waters) can be committed by A: The crime committed by A, B and C is piracy in high or
any person including the passenger or member of the open seas. This is because it was committed outside the
complement of the vessel. territorial waters of the Philippines.
So with the amendment who can commit the crime of Now on ABETTING PIRACY:
piracy?
3 ACTS CONSTITUTE AS ABETTING PIRACY:
1. Outsiders
1. By giving pirates of information about the
2. Insiders, whether passenger or members of the movement of the police or other authorities of the
complement or crew of the vessel. govt.
Originally, piracy and mutiny can only be committed in 2. By acquiring or receiving properties taken by the
high seas or outside the Philippine waters. But with the pirates or derives benefit from it
amendments, piracy can now be committed in high seas
3. By any person who directly or indirectly abets the
(RPC) and in internal waters or Philippine waters (PD532).
commission of piracy
As I said, PD 532 was been superseded by RA 7659. This
pro tanto superseded PD 532. Piracy as well as mutiny,
whether committed in high seas or in Philippine territorial PD 532, Section 4. Aiding pirates or highway
waters, the penalty was increased from reclusion temporal robbers/brigands or abetting piracy or highway
to reclusion perpetua. Thus, right now, piracy can be robbery/brigandage. Any person who knowingly and in
committed in high seas or even in internal waters any manner aids or protects pirates or highway
(Philippine waters). Also, mutiny can be committed in the robbers/brigands, such as giving them information
high seas or in Philippine waters. about the movement of police or other peace officers of
the government, or acquires or receives property taken
EX: M/V Princess is an inter-island vessel. On its way to by such pirates or brigands or in any manner derives
Gensan, A, a passenger of the vessel, took the wallet of B, any benefit therefrom; or any person who directly or
another passenger, without his knowledge and consent. indirectly abets the commission of piracy or highway
What crime did A commit? robbery or brigandage, shall be considered as an
A: the crime committed is Theft under Art. 308, since it accomplice of the principal offenders and be punished in
was taken without the use of force and intimidation. It accordance with the Rules prescribed by the Revised
cannot be piracy because the essence of piracy is robbery. Penal Code.

Another example: While X is on board in the Agno River, Y


It shall be presumed that any person who does
attacked him with the use of a gun and seized his personal
belongings. What crime did Y commit? any of the acts provided in this Section has
performed knowingly, unless the contrary is
A: Under PD 532 as superseded by RA 7659, the crime
committed is piracy. Piracy under the amendment can now proven.
be committed in internal waters by outsider of the vessel
or outsiders or those not passengers of the vessel. Pirates EX: X,a friend of Pirate Capt John Long. The pirate has
are considered outsider of the vessel. been sought by the Philippine Coast Guard and there has
Another example: X and Y are passengers of an interisland been information that capt. Long and his men sought
vessel. While the vessel is in the waters of Cebu, X took refuge in Roblon. X adviced Capt. Long to leave the
the watch of Y by means of threats and intimidation. What Philippines before the Coast Guard can apprehend him.
crime did X commit? What crime did X commit?

A: with the amendment under RA 7659, X committed the A: X committed the crime of abetting piracy for giving
crime of piracy. Under PD 532 as superseded by RA 7659, information to Capt. Long about the plan of the Coast
13
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
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Guard. He alerted the captain to afford him time to What are the elements of mutiny?
escape.
1. the vessel is on the high seas or in the Philippine waters
(from 2013 TSN) Also in the same section provided that
2. the offender are either members of the complement or
the offender is also considered as an accomplice of the
passengers of the vessel and
principal offenders and punish in accordance with the RPC.
This provision of PD 532 with respect to piracy in the Phil 3. the offenders either attack or seize the vessel or simply
water has not been incorporated in the RPC. It is hold the part of the cargo or personal belongings of the
considered not repealed in the RA 7659 since there is crew or the passengers.
nothing in the amendatory law which is said to be
2 kinds of mutiny:
inconsistent with the amendatory law. Apparently, there is
still a crime of abetting piracy in Phil waters under PD 532. 1. Mutiny in the high seas or open seas
Consider the essence of piracy as one of a robbery, any
2. Mutiny within the Philippine waters
taking in the vessel with force or violence against the
person employed will always be piracy. It cannot consist in Example of mutiny in high seas:
the crime of robbery. Robbery therefor cannot be
- M/V Panama, is registered under the laws of
committed on board a vessel. But if the taking of personal
Panama. The vessel is in the Pacific ocean and the
property is without violence, intimidation the crime of
crews rebelled against the internal management of
piracy cannot be committed. That is theft. The law says
the vessel. They defied the captain and controlled
that piracy is committed in high seas or phil waters so
the vessel. The members of the crew is liable for
what is high seas? That refers to international waters. It is
mutiny in high or open seas.
not within the phil territory. For example if the vessel is
attacked in the middle of the Pacific Ocean we do not have Example of mutiny inside Philippine waters:
jurisdiction on that because it is not within our territory.
- M/V Princess Stars is registered merchant ship in
But supposing these pirates went to our shores can we
Poland, anchored into Manila Bay. The members
prosecute them for piracy? Yes. Because it is a crime of
of the crew and the passengers attacked the
against the law of nations and humanity. Wherever you
captain of the ship to seize control of the vessel.
will go, come etc. any country who would first get in touch
the crime committed was mutiny inside the
with these people maski na-commit pa na sa Pacific Ocean
Philippine waters.
pa na and ni-dunggo sila diri sa Pilipinas we can prosecute
them even if the crime is not committed within our How do we distinguish the crime of piracy from the crime
jurisdiction because that is the exception to the general of mutiny?
rule that is the principle of extra-territorial application.
1. as the offender was concerned, mutiny is
We have defined piracy last time based on the case of PP. committed by members of complement or
V. Lolo and tan that we have said it is the forcible passengers of the vessel. Piracy can be committed
depredation on the high seas without lawful authority and by persons who are not members of the
done with animu furandi in the spirit and intention of complement or passengers of the vessel.
universal hostility. We have said that under Article 122,
2. as to criminal intent, in mutiny there is no
there are two acts that are punishable here:
criminal intent to gain because their purpose is to
1. the act of attacking or seizing a vessel on the high seas seize control of the ship however in piracy there is
or in the Philippine waters criminal intent to gain.
2. by seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its ARTICLE 123. Qualified Piracy. — The penalty of
equipment or personal belongings of its complement or reclusión temporal to death shall be imposed upon
passengers. those who commit any of the crimes referred to in
Alright now, the essence of Piracy as what we the preceding article, under any of the following
have said before is robbery, thus a taking of vessel with circumstances:
force upon things so with violence or intimidation in his
person is employed will always be considered as piracy. 1. Whenever they have seized a vessel by boarding
However take note that piracy as a crime cannot co –exist or firing upon the same;
with the crime of robbery. Robbery therefore, cannot be
committed on board a vessel but if taking is without 2. Whenever the pirates have abandoned their
violence or intimidation on person or force upon things, victims without means of saving themselves; or
the crime of piracy cannot be committed but instead the
crime of theft. Alright, take note the law says piracy is 3. Whenever the crime is accompanied by murder,
committed on high seas or in Philippine waters. What is homicide, physical injuries, or rape.
high seas? We call it the international waters, res
communes.
What are the elements of qualified Piracy? Again just like
Now how about mutiny? in piracy in article 122
Mutiny is the unlawful resistance to a superior officer, or 1. the vessel is on the high seas or in Philippine waters
the raising of commotions and disturbance on board a ship
against the authority of the commander. 2. the offenders may or may not be members of its
complement or passengers of the vessel
14
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Criminal Law II TSN
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Original TSN from 2012- 2013 Uno Manresa lectures

3. the acts complained of are attacking, seizing the vessel, 2. when the mutiny is accompanied with rape,
in part or as a whole the cargo, etc. murder, homicide or physical injuries.
4. that piracy is committed boarding or firing upon the Ex: when a merchant vessel registered in Alaska was in
ship or whenever the pirates have abandoned the victims the Arabian Seas, the crews rebelled against the ship
without means of saving themselves. captain by defying orders, etc. they threw the captain into
the turbulent waters and they did not heed to his plea to
5. whenever the crime is accompanied by murder,
take him on board. What crime did the crew commit?
homicide physical injuries or rape.
A: they committed qualified mutiny because the captain
has no means of saving himself.
Take note that RA 9346 obliterated the distinction
Another example: a group of passengers violently took
between simple and qualified piracy and mutiny. These
over the ship. They have tied the captain and the
crimes are now the same.
complement of the ship. They raped 5 female passengers
EX: a passenger of an inter-island vessel robbed and killed inside the ship. What crime did they commit?
another passenger by stabbing him at the back several
A: The crime committed was qualified mutiny since they
times. The prosecutor’s office filed a complex crime of
commited raoe during the course of mutiny. Rape cannot
piracy with murder. Is the charge correct?
be complexed with the crime of mutiny. Art. 48 of the RPC
A: the charge is not correct. Murder, rape, homicide or is not applicable. Just like in piracy, there is no such thing
physical injuries are mere circumstances in a qualified as complex crime of mutiny with rape, mutiny with murder
piracy. Any of these crimes cannot be complexed with and etc.
piracy. A special law cannot be complexed with any other
JRRA: this is like carnapping. If during the course of
felonies under the RPC. Only felonies can be complexed
carnapping, there was killed, there is no complex crime of
with one another.
carnapping with murder or homicide. It should be qualified
Why? Remember, in the elements of the crime, when the carnapping. Only one crime with is carnapping but
crime is accompanied by murder, homicide, rape or because of the circumstance of murder of homicide, it
physical injuries, these are circumstances which will qualify becomes qualified carnapping.
piracy and cannot be punished as separate crimes nor can
(FROM 2013 TSN) Now what is the penalty by the way
be complexed with piracy.
under article 123? Reclusion Perpetua to death, take note.
Another point, when any of the said crimes such ad It is timely to discuss the meaning of Article 63 when we
murder, homicide, physical injuries, rape etc, there is no talk about Art. 63 concerning the imposition of the
complex crime instead there is only one crime committed penalty. The article provides that in all cases in which the
which is qualified piracy. law prescribes a single indivisible penalty, it shall be
applied by the force regardless the mitigating or
Q: what if the prosecutor’s office files two separate crimes
aggravating circumstances that may have attended the
which is piracy and the other is murder. Is it still qualified
commission of the offense. So in piracy where murder,
piracy?
homicide is committed, the mandatory penalty of death is
A: Yes, the crime committed is still qualified piracy. Any imposable. However, if there is the crime of qualified
act of homicide, murder, physcial injuries or rape are piracy, you cannot impose the penalty of death because of
circumstances which qualify piracy. The RULE IS there is the prohibition. Take note whenever a particular crime
no such thing as complex crime of piracy with murder or exists and you have to impose a death penalty… If the
homicide, etc. accused enters a plea of guilty, the penalty of death will
still be imposed because here death is a single and
Pp v Timon Nov. 12, 1997, remember the rule? THERE IS
indivisible penalty, that’s the ruling of the Supreme Court
NO COMPLEX CRIME OF PIRACY WITH MURDER.
in the case of PP. VS. Rodriguez and again PP. V Siyop.
Facts: M/V Cali, a fishing boat, left Navotas to Palawan,
Now there is another kind of piracy in the Philippines
with its owner Modesto on board. Before leaving Navotas,
which have defined under RA 6235, AN ACT PROHIBITING
8 armed men boarded M/V Cali. They killed Modesto and
CERTAIN ACTS INIMICAL TO CIVIL AVIATION.
robbed the money to be used to buy fish.
This is what we call air piracy but popularly known as
Held: the case was piracy with homicide.
hijacking.
JRAA: This is a stray decision because most of the
There are four situations covered by anti hijacking law:
decisions would really say qualified piracy. So, if ask in the
bar, stick with the rule that there is no complex crime of 1. the act of usurping or seizing control of an aircraft of
piracy with murder, piracy with homicide, piracy with Philippine Registry within the Philippine territory while it is
robbery etc. in flight compel the pilot thereof to change the course or
destination of the aircraft.
What about qualified mutiny?
2. usurping or seizing control of an aircraft of foreign
Art. 123, it only talks about qualified piracy but now there
registry within the Philippine territory compelling the pilots
is a crime of qualified mutiny.
thereof to land in any part of Philippine territory
Mutiny is qualified under these circumstances:
3. the carrying or loading on board a aircraft operating as
1. when the offenders abandon the victims without a public utility within the Philippines any flammable,
means of saving themselves; corrosive, explosive or poisonous substance.
15
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

4. The loading, shipping or transporting on board a cargo already in flight even if it’s engine has not yet been the
of the aircraft operating as a public utility in the Philippines moment closing the doors ready for embarkation, that’s
inflammable, corrosive, explosive or poisonous substance. the reckoning point is considered to be whether the
If this was done not in accordance with the rules and aircraft is in flight or not.
regulations and promulgated by the Air Transportation
There was one bar question that goes like this, the Pilots
Office.
of the PAN AM aircrafts were accosted by some armed
Now these particular four acts are qualified when: men and were told to proceed to the aircraft to fly to a
foreign destination. The armed men walked with the pilot
1. whenever transpired upon by the pilot, members of the
and went on board the aircraft but before they could do
crew of passenger of the aircraft.
anything to the aircraft, the alert marshalls arrested them.
2. whenever he has exploded or attempted to explode any Question, what crime was committed by the armed men?
bomb, explosive to destroy the aircraft. The criminal intent definitely is to take control of the
aircraft which is hijacking. It is a question now whether
3. whenever the crime is accompanied by murder,
the anti-hijacking law shall govern. The anti hijacking law
homicide, serious physical injuries or rape.
is applicable in this case. Even if the aircraft is not yet
Now, between numbers 1 and 2, the point of distinction is about to flight, the requirement that it be in flight does not
whether the aircraft is a Philippine registry or foreign hold true when it comes an aircraft of foreign registry.
registry. Since the aircraft of foreign registry, under the law, simply
usurping or seizing control is enough as long as the
The common bar question on this law RA6235 is more on
aircraft is within the Philippine territory without the
number 1, usurping or seizing control any aircraft of
requirement that it be in flight.
Philippine Registry while it is in flight compelling the pilots
thereof to change the course of the destination of the Now, can hijacking can be committed in an attempted
aircraft. Now the important thing is that before the Anti- stage? There is no attempted stage or frustrated in the
hijacking law can apply, the aircraft must be in flight. If anti hijacking law. Remember that this is a special law,
not in flight, whatever crimes committed shall be governed except when the law specially provides for its attempted or
by the RPC. The law makes a distinction between an frustrated stge. We cannot apply the stages of execution
aircraft of Philippine registry and an aircraft of foreign under article 6 in this Anti-hijacking law. Is there any
registry. If an aircraft is subject of hijacking is a Philippine special law that defines that mere attempt is already a
registry, it should be in flight at the time of the hijacking crime? There is one under RA9165, attempt to sell illegal
take note. Otherwise, the anti hijacking law will not apply drugs pwede because the law defines it. The law provides
and the crime would only be punishable by the RPC. So a penalty in an attempted stage but in the anti-hijacking
here there maybe grave threats or grave coercion. If law, the law does not provide for any attempt or
somebody is killed, the aircraft is not yet in flight and the frustration. So its either consummated or nothing.
crime committee is homicide or murder, as the case
Now another problem that was also asked in the bar
maybe, we will only apply the provisions of the RPC. Now
exam, a Philippine airlines aircraft is boud for Davao while
if there are some explosives that are being carried on and
the pilot and the co-pilot are taking their snacks at the
the aircraft is not yet in flight and the hijacking is done,
airport lounge. Some of the armed men were also there,
then the crime would be one of arson. Destruction of
the pilots were followed by the men on their way to the
property with the use of pyrotechnics is destructive arson.
aircraft as soon as the pilots entered into the cockpit, and
Explosives or use of destructive pyrotechnics is destructive
they pulled their firearms and gave instructions where to
arson, thus the special law on arson applies. Now, if there
fly the aircraft. Does the anti hijacking law apply?
is illegally possessed of a firearm ofcourse the other
special laws will apply, the law on illegal possession of A: No. the passengers have yet to board the aircraft, take
firearms. note the problem, its only the pilots who boarded the
aircraft. If at the time the offended are boarded, the law
On the other hand, is of foreign registry, the law does
cannot apply because the aircraft is not yet in flight. Note
not require that the aircraft be in flight before the anti-
the example here is that the aircraft is of Philippine
hijacking law can apply. So even if it is not in flight, we
registry, a requirement is that it should be in flight. The
can already use R.A. 6235. This is because aircrafts of
provisions of the Revised Penal Code applies.
foreign registry are considered in transit while they are in
foreign countries. Although they may have been in foreign Another, while the stewardess of a Philippine Airlines Plane
country technically, they are still in flight because they bound for Cebu while waiting the passengers manifest,
have to move out of that foreign country. So even if any of two of its passengers seated near the pilot, susceptitiuosly
the acts mentioned were committed while the exterior entered the pilot cockpit. With that at gunpoint they
doors of foreign aircrafts were still open, the anti hijacking directed the pilot to fly the aircraft towards the middle
law will already govern the act. Take note of that. east, the offenders were subdued and the aircraft landed.
What crime was committed?
Now, when do we say that the aircraft is in flight? An
aircraft is considered in flight from the moment all the A:Considering the stewardess as still waiting for passenger
exterior doors are closed following the embarkation until manifest, the doors were still open. The plane is still not in
such time when the same doors are already open for flight. Hence, the Anti hijacking law is not applicable
disembarkation. This means that there are passengers that instead that would be grave coercion or grave threat
already boarded the aircraft. So if the doors are closed to under the RPC depending upon WON a serious offense or
bring the aircraft to the hanger, the aircraft is not violence was inflicted upon against the pilot. However, if
considered as in flight. The aircraft shall be deemed to be that aircraft was of foreign registry, the act would already
16
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

be subjected to anti hijacking law because there is no - Remember, any act to cause death or bodily harm
requirement for a foreign aircraft to be in flight before R.A. to civilians or non- combatants with the purpose
6235 COULD APPLY. The reason for the distinction is that of intimidating the population with serious bodily
as long as such aircraft has not returned to its home based harm, compelling the government or international
technically, it’s still considered in transit or in flight. organization to do or abstain doing any act.
Another example: in the course of the flight, a passenger What is terrorism under RA 9372?
was shot and killed. What was the crime committed?
SEC. 3. Terrorism.- Any person who commits an act
A: the crime committed was the violation of the Anti- punishable under any of the following provisions of
Hijacking Act but the penalty must be higher since there the Revised Penal Code:
was a passenger killed in the course of hijacking. Thus, it a. Article 122 (Piracy in General and Mutiny in the
is considered QUALIFIED HIJACKING. We do not say that High Seas or in the Philippine Waters);
the crime committed is high jacking with murder. It’s only b. Article 134 (Rebellion or Insurrection);
a pure and simple hijacking qualified by the presence of c. Article 134-a (Coup d' Etat), including acts
this murder or homicide. committed by private persons;
d. Article 248 (Murder);
Another. During the random inspection before take off, Mr.
e. Article 267 (Kidnapping and Serious Illegal
X was found to be in possession of explosives and
Detention);
flammable substance. He was arrested. What crime did he
f. Article 324 (Crimes Involving Destruction), or
commit and why?
under
A: Mr. X is punished under the anti- hijacking act which 1. Presidential Decree No. 1613 (The Law on
provides that the carrying or loading on board any Arson);
prohibited, flammable, corrosive or explosive or poisonous 2. Republic Act No. 6969 (Toxic Substances and
substance in a public utility aircraft. Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy
(FROM 2013 TSN) Now, the carrying of any prohibited,
Regulatory and Liability Act of 1968);
flammable, corrosive or explosive substance is a crime
4. Republic Act No. 6235 (Anti-Hijacking Law);
under RA 6235. A distinction should be made whether the
5. Presidential Decree No. 532 (Anti-Piracy and
aircraft isa passenger aircraft or a cargo aircraft. In both
Anti-Highway Robbery Law of 1974); and,
cases however the law applies only to public utility aircraft
6. Presidential Decree No. 1866, as amended
in the Philippines, like PAL. Private aircrafts are not subject
(Decree Codifying the Laws on Illegal and Unlawful
to anti hijacking law insofar as transporting prohibited
Possession, Manufacture, Dealing in, Acquisition or
explosive substance is concerned. Now, if the aircraft is a
Disposition of Firearms, Ammunitions or
passenger aircraft, you know the prohibition is absolute.
Explosives)
Carrying any prohibited, flammable, corrosive or explosive
thereby sowing and creating a condition of
substance is a crime under RA 6235. But if the aircraft is
widespread and extraordinary fear and panic
only a cargo aircraft, the law is violated only when the
among the populace, in order to coerce the
transporting of the prohibited substance was not done in
government to give in to an unlawful demand shall
accordance with the rules and regulations prescribed by
be guilty of the crime of terrorism and shall suffer
the ATO.
the penalty of forty (40) years of imprisonment,
Another example: the hijackers tend to detonate a bomb without the benefit of parole as provided for under
in the course of hijacking. What crime or crimes are Act No. 4103, otherwise known as the
committed? Indeterminate Sentence Law, as amended.
A: Violation of Anti- Hijacking Act qualified by grave
threats. It shall serve to increase the penalty. There is no
separate crime of grave threat. PROVIDED, the following requisites are met:

Lets now go to RA 9372 or the Human Security Act. Asked 1. the acts committed sow and create a condition of
during the 2013 Bar Exam. widespread and extraordinaryfear and panic
among the populace,
What is TERRORISM?
2. in order to coerce the government to give in to
- acts intended or calculated to provoke a state of unlawful demand
terror in the general public. A group of persons or
particular persons for political purposes are in any what is the motive of terrorism?
circumstance acts unjustifiable whatever are the - it is to coerce the government to give in to
reasons- political, philosophical, ideological, racial, unlawful demand.
ethnic, indigenous,religious or etc., cannot be
invoke to justify them. Penalty for Terrorism: 40 years of imprisonment without
the benefit of Parole or ISL.
- calculated use of unlawful violence or threat of Q: are the acts mentioned in Sec. 3 deemed repealed?
unlawful violence to inculcate fear; intended to
A: NO. A careful scrutiny of the provisions of RA 9372 and
coerce or to intimidate governments or societies in
the acts enumerated therein, it only becomes an act of
the pursuit of goals that are generally political,
terrorism has reached the condition to sow or create
religious, or ideological.
widespread and extraordinary fear and panic to the public
17
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Criminal Law II TSN
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with the purpose of coercing the government to give in to MERE CONSPIRACY TO COMMIT TERRORISM IS
unlawful demands. Terrorism is a crime of result. PUNISHABLE. This was asked in the mcq bar exam.
Q: X killed Y with evident premeditation. Thus, it is Who are liable to commit terrorism?
murder. Can it be terrorism?
1. Principal (sec3)
A: No. Although it is one of the crimes enumerated under
Sec. 3 of RA 9372, it did not sow or create widespred and
extraordinay fear and panic among the public. Bisag pag 2. Accomplice
daghan xag gipatay as long as it did not sow and create
SEC. 5. Accomplice. - Any person who, not
widespread panic to coerce the government to give in to
being a principal under Article 17 of the
unlawful demand, there is no terrorism.
Revised Penal Code or a conspirator as
Q: what if X is a serial rapist. Because of fear, wala nay defined in Section 4 hereof, cooperates in
mga babae na maglakaw2x sa dalan. Is X liable for the execution of either the crime of
terrorism? terrorism or conspiracy to commit terrorism
by previous or simultaneous acts shall suffer
A: NO. Even if the series of rape created and sowed
the penalty of from seventeen (17) years,
widespread panic among the public, rape, is not among
four months one day to twenty (20) years of
the acts covered under terrorism.
imprisonment.
Q: A,B, C and D, organized themselves to commit a big
time robbery. They rob banks and mercilessly kill people.
3. Accessory
The crimes committed by them have reached garguant
proportion and created a widespread fear and panic SEC. 6. Accessory. - Any person who, having
among the populace. They became a notorious gang. Are knowledge of the commission of the crime
they laible for terrorism? of terrorism or conspiracy to commit
A: NO. Even if the crimes they committed are covered terrorism, and without having participated
under RA 9372, terrorism is committed only if the acts therein, either as principal or accomplice
committed is to coerce the government to give in to under Articles 17 and 18 of the Revised
unlawful demand. This element is absent in the case at Penal Code, takes part subsequent to its
bar. commission in any of the following manner:
Q: A, B, C and D hijacked a plane. On board is the VP of (a) by profiting himself or assisting the
the Philippines, 15 high ranking officials and 250 other offender to profit by the effects of the
passengers. They threatened that they will blow off the crime; (b) by concealing or destroying the
plane unless they release from captivity Al- Saud. It body of the crime, or the effects, or
created widespread fear. Are they liable for terrorism? instruments thereof, in order to prevent its
discovery; (c) by harboring, concealing, or
A: Yes. Hijacking is included in the definition of terrorism. assisting in the escape of the principal or
The act of hijacking sought and created widespread fear conspirator of the crime, shall suffer the
and panic to coerce the government to give in to their penalty of ten (10) years and one day to
demand. It is immaterial if the terrorist obtained their twelve (12) years of imprisonment.
demand or not.
Q: How about the Maguindanao Massacre, is it considered Notwithstanding the above paragraph, the
terrorism? penalties prescribed for accessories shall
not be imposed upon those who are such
A: NO. Even if it created widespread panic and fear, there with respect to their spouses, ascendants,
is no showing that it was committed to coerce the descendants, legitimate, natural, and
government to give in to any demands. adopted brothers and sisters, or relatives by
SO what do you understand with unlawful demands? This affinity within the same degrees, with the
element is important because without this, there is no single exception of accessories falling within
crime of terrorism. the provisions of subparagraph (a).

Can crime of conspiracy to commit terrorism be


committed? Ex: A is a member of a terrorist group kidnapping well
YES. Sec.4 provides: to do scions. He amassed millions because of their
activities. A gave his bestfriend, B, 500,000php and he
SEC. 4. Conspiracy to Commit Terrorism. - Persons accepted it despite the knowledge that the money
who conspire to commit the crime of terrorism shall came from terrorist activities. Is B liable? Yes! He is
suffer the penalty of forty (40) years of laible as an accessory.
imprisonment.
Is he also liable for Anti- Fencing Law?
There is conspiracy when two or more persons A: No. He cannot be liable for the crime of fencing is
come to an agreement concerning the commission only applicable for the crimes of theft and robbery.
of the crime of terrorism as defined in Section 3
hereof and decide to commit the same. RULE: TERRORISM IS A CRIME OF RESULT
What do you mean by that?
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

If kunwari naay murder dira, daghan tao nangamatay pero abridgement of freedom of speech or press to make a
it did not create a widespread panic, it will never fall under course of conduct illegal merely because the conduct was,
terrorism. in part, initiated, evidenced, or carried out by means of
language, either spoken, written, or printed . Such an
CASE: Southern Hemisphere Engagment Network, Inc v
expansive interpretation of the constitutional guaranties of
ATC, Oct 5, 2010
speech and press would make it practically impossible ever
There is no merit in the claim that RA 9732 to enforce laws against agreements in restraint of trade as
regulates speech so as to permit facial analysis of well as many other agreements and conspiracies deemed
its validity injurious to society. (italics and underscoring supplied)

From the definition of the crime of terrorism in the earlier Certain kinds of speech have been treated as unprotected
cited Section 3 of RA 9372, the following elements may be conduct, because they merely evidence a prohibited
culled: (1) the offender commits an act punishable under conduct. Since speech is not involved here, the Court
any of the cited provisions of the Revised Penal Code, or cannot heed the call for a facial analysis.
under any of the enumerated special penal laws; (2) the
commission of the predicate crime sows and creates a IN FINE, Estrada and the other cited authoritiesengaged in
condition of widespread and extraordinary fear and panic a vagueness analysis of the therein subject penal statute
among the populace; and (3) the offender is actuated by as appliedto the therein petitioners inasmuch as they were
the desire to coerce the government to give in to an actually charged with the pertinent crimes challenged
unlawful demand. on vagueness grounds. The Court in said cases, however,
found no basis to review the assailed penal statute on its
In insisting on a facial challenge on the invocation that the face and in its entirety.
law penalizes speech, petitioners contend that the element
of unlawful demand in the definition of terrorism must In Holder, on the other hand, the US Supreme
necessarily be transmitted through some form of Courtallowedthe pre-enforcement review of a criminal
expression protected by the free speech clause. statute, challenged on vagueness grounds, since the
therein plaintiffs faced a credible threat of prosecution
The argument does not persuade. What the law seeks to and should not be required to await and undergo a
penalize is conduct, not speech. criminal prosecution as the sole means of seeking relief.

Before a charge for terrorism may be filed under RA 9372, As earlier reflected, petitioners have established
there must first be a predicate crime actually committed to neitheran actual charge nor a credible threat of
trigger the operation of the key qualifying phrases in the prosecution under RA 9372. Even a limited vagueness
other elements of the crime, including the coercion of the analysis of the assailed definition of terrorism is thus
government to accede to an unlawful demand. Given the legally impermissible. The Court reminds litigants that
presence of the first element, any attempt at singling out judicial power neither contemplates speculative counseling
or highlighting the communicative component of the on a statutes future effect on hypothetical scenarios nor
prohibition cannot recategorize the unprotected conduct allows the courts to be used as an extension of a failed
into a protected speech. legislative lobbying in Congress.

Petitioners notion on the transmission of message is WHEREFORE, the petitions are DISMISSED.
entirely inaccurate, as it unduly focuses on just one
particle of an element of the crime. Almost every
commission of a crime entails some mincing of words on August 18, 2015
the part of the offender like in declaring to launch overt
criminal acts against a victim, in haggling on the amount What are the specific acts that are being authorized
of ransom or conditions, or in negotiating a deceitful in RA 9372?
transaction. An analogy in one U.S. caseillustrated that the
fact that the prohibition on discrimination in hiring on the
1. Tracking down, tapping, listening to,
basis of race will require an employer to take down a sign
reading White Applicants Only hardly means that the law interception and recording of messages,
should be analyzed as one regulating speech rather than communications, conversations, discussions,
conduct. spoken or written words of any person(s)
suspected of the crime of terrorism or the
Utterances not elemental but inevitably incidental to the
doing of the criminal conduct alter neither the intent of the crime of conspiracy to commit terrorism.
law to punish socially harmful conduct nor the essence of 2. The other is the apprehension and detention
the whole act as conduct and not speech. This holds true without a warrant of a person suspected of
a fortiori in the present case where the expression figures the crime of terrorism or the crime of
only as an inevitable incident of making the element of
coercion perceptible. conspiracy to commit terrorism.
3. Judicial authorization to examine bank
[I]t is true that the agreements and course of conduct deposits, accounts and records.
here were as in most instances brought about through
speaking or writing. But it has neverbeen deemed an
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

May an organization, association or group of persons As we have said that there are at least 10 crimes
be declared as a terrorist and outlawed organization, against the fundamental law on the sate. Now crimes
association or group of persons organized actually by the way under this title are those which violate
the bill of rights accorded to the citizens under the
uses the acts to terrorize, to sow and to create a
1987 constitution. Under this title the offenders here
condition of widespread and extraordinary fear are public officers except as to the last crime,
among the populace in order to coerce the offending the religious feelings which refer to a
government to give in an unlawful demand? YES. person, the crime is committed by any person. The
This has been answered in the case of Southern public officers who may have liable are only those
Hemisphere Engagement Network, Inc. v. acting under the suppose exercise of their official
Anti-Terrorism Council, October 5, 2010. functions.
We have a counterpart of this Title 2 which is found
SEC. 17. Proscription of Terrorist under title 9, against personal liberty and security,
Organizations, Association, or Group of the offenders are private person. However, in title 2
Persons. - Any organization, association, or group of the offenders are public officers but private persons
persons organized for the purpose of engaging in may also be liable under this title when the said
terrorism, or which, although not organized for that private person conspires with the public officers.
What is required is that the principal offender must
purpose, actually uses the acts to terrorize
be a public officer thus, if a private person conspires
mentioned in this Act or to sow and create a with a public officer or becomes an accessory or
condition of widespread and extraordinary fear and accomplice that private person also becomes liable
panic among the populace in order to coerce the for the crime BUT a private person acting alone
government to give in to an unlawful demand shall, cannot commit a crime against Art. 124 – Art. 133.
upon application of the Department of Justice before Basically, the private offenders here are public
a competent Regional Trial Court, with due notice officers. So its not absolute to say that only public
officers because private individuals are also liable
and opportunity to be heard given to the
when when they are found to be in conspiracy with
organization, association, or group of persons public officers because private individuals are also
concerned, be declared as a terrorist and outlawed liable when they are found to be in conspiracy with
organization, association, or group of persons by the public officers in committing with these crimes.
said Regional Trial Court.
Article 124. Arbitrary detention. - Any public officer
We will proceed in Crimes against the Fundamental or employee who, without legal grounds, detains a
Law of the State. They are: person, shall suffer;

 Arbitrary Detention 1. The penalty of arresto mayor in its


 Delay in the delivery of detained persons to maximum period to prision correccional in its
the proper judicial authorities minimum period, if the detention has not
 Delaying release exceeded three days;
 Expulsion
 Violation of domicile 2. The penalty of prision correccional in its
 Search warrants maliciously obtained and medium and maximum periods, if the
abuse in the service of those legally obtained detention has continued more than three but
 Searching domicile without witnesses not more than fifteen days;
 Prohibition, interruption, and dissolution of
peaceful meetings 3. The penalty of prision mayor, if the
 Interruption of religious worship detention has continued for more than fifteen
days but not more than six months; and
 Offending the religious feelings

Now let’s all go to title 2, crimes against fundamental 4. That of reclusion temporal, if the detention
laws of the state. shall have exceeded six months.

The title 2 by the way there are so many crimes The commission of a crime, or violent insanity or any
against fundamental laws on the state, there are at other ailment requiring the compulsory confinement
least ten. of the patient in a hospital, shall be considered legal
The most common crime violated is Art. 124, the grounds for the detention of any person.
crime of arbitrary detention.
What are the elements?
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Criminal Law II TSN
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1. the offender is a public officer or employee Who are the officers who are likely to commit the
particular crime? They are those who are vested with
2. he detains a person
the authority to detain or order the detention of
3. the detention is without legal ground person like the policemen, mayors and judges.
“Without legal grounds.” Take note that in the crime of arbitrary detention,
(1) When he has not committed any crime or, at although the offender is a public officer, not any
least, there is no reasonable ground for public officers can commit this crime. Only those
suspicion that he has committed a crime, or public officers whose official duties imbued or carry
with it the authority to order the detention can
(2) When he is not suffering from violent insanity commit this crime. So it is not automatic that you are
or any other ailment requiring compulsory a public officer you can commit this crime, only
confinement in a hospital. policemen, mayors, and judges who have the powers
The following are the legal grounds for the detention to detain a person or to order the arrest or detain a
of any person: person. So if the offender does not possess the
authority, the crime committed by him is Illegal
a) The commission of a crime; Detention - ART.267. If you are a municipal
b) Violent insanity or any other ailment requiring treasurer, and you detained somebody, do not
the compulsory confinement of the patient in expect that you will be charged under Article 124.
a hospital. Now a public officer who is acting outside his official
duty is no better than a private citizen.
Now the usual cause of arbitrary detention is when a
public officer arrests and detained somebody without Under Rule 113 of the rules of criminal procedure,
a warrant. A person is considered detained when he the ff. are considered as legal grounds for a
is placed in confinement or when there is restraint on warrantless arrest and for detaining a person without
his person. His detention is without legal ground if he violating the law on arbitrary detention alright. These
has not committed any crime or there is no rules enumerate those instances that a person may
reasonable ground of suspicion that he has be detained even if without a warrant.
committed a crime or when he is not suffering from 1. When a person to be arrested has committed, is
any violent insanity or any other ailment requiring his already committing or is attempting to commit an
compulsory confinement. If there is a warrant, you offense in the presence of a public officer like a
do not commit Art. 124. When a person has not policeman.
committed a crime and you detain him, you become
liable under Art. 124. 2. when the offense has in fact commit, committed
or he has personal knowledge to the fact that the
What is the meaning of absence of legal grounds? No person to be arrested has committed it or the person
crime was committed by a person and you detained to be arrested is an escaped prisoner.
him. The usual cause of arbitrary detention is when
the public officer arrests or detains somebody. Under RULE 113, Sec. 5
the guise of invitation, the police invites you. Last
year I acquitted someone, the alleged crime Section 5. Arrest without warrant; when lawful. — A
committed was robbery with homicide. He was peace officer or a private person may, without a
arrested by the policeman. How was he arrested? warrant, arrest a person:
The policemen narrated that he merely invited him. I
asked what the reason for bringing him in the prison (a) When, in his presence, the person to be
is. He said for invitation. There is a violation there for arrested has committed, is actually
the rights of the accused. He is not supposed to be committing, or is attempting to commit an
detained and arrested. offense;
Again the usual cause of arbitrary detention is that
(b) When an offense has just been
public officer arresting or detaining somebody
committed, and he has probable cause to
without a warrant. A person is considered detaining
believe based on personal knowledge of facts
when he is placed in a confinement or where there is
or circumstances that the person to be
restraint in his person. His detention is without legal
arrested has committed it; and
ground if he has not committed any crime or there is
no reasonable ground or suspicion in committing the
(c) When the person to be arrested is a
crime, or he has suffered from violent insanity.
prisoner who has escaped from a penal
Now, if there is warrant, ofcourse there is no crime establishment or place where he is serving
of arbitrary detention. When a person has not final judgment or is temporarily confined
committed a crime and you detained him, you are while his case is pending, or has escaped
liable.
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

while being transferred from one confinement Alright, now you know the crime of arbitrary
to another. detention can be committed through reckless
imprudence. Just like what happened in PP v. Misa as
In cases falling under paragraph (a) and (b) above, cited in your book. Alright now, there was one bar
the person arrested without a warrant shall be question again, the janitor of Quezon City Municipal
forthwith delivered to the nearest police station or Hall was assigned in cleaning the men’s room. One
jail and shall be proceeded against in accordance day he caught his fellow urinating recklessly, the
with section 7 of Rule 112. janitor resented this. He stepped out the men’s room
and locked the same. The fellow was able to come
out only after several hours when the people from
the outside forcibly open the door. Is the janitor
Can arbitrary detention be committed by simple
liable for the crime of arbitrary detention? NO. Even
imprudence or simple negligence?
if he is public officer or employee whatever, he is not
A. PP v. Misa – The chief of police rearrested a permitted by his official function to arrest or detain a
woman who had been released by means of a verbal person. What is his official function? To clean the
order of the justice of peace. The accused acted restroom, not to detain a person. Therefore, the
without malice, but he should have verified the order person here is guilty of illegal detention not of
of release before proceeding to make the re-arrest. arbitrary detention. While the offender here is a
The crime committed by the chief of police is pub;ic officer or employee, his duty does not include
arbitrary detention through simple imprudence the authority to arrest. The crime was committed is
provided for and punished under Art 365, par 2 of only illegal detention.
the RPC, in consonance with Art 124, par 1 of the
Another, a municipal treasurer has been courting
same Code.
G his secretary, however, the secretary always
Example. You committed a crime in presence
turned him down. The municipal treasurer has a face
(policeman). Question, Do I have the right to arrest
only the mother can love. So one afternoon the
you or detain you? Yes, I have the right, in fact it is
treasurer locked the secretary inside her office and
my duty to arrest you.
started crying. The treasurer opened the door and
A good example of the application of Rule 113, is the allowed her to go home. Is the municipal treasurer
use of a distressed wife who calls the police by liable under art. 124 of arbitrary detention? No, the
phone and she tells the policeman, she has locked crime committed is only illegal detention. This is
herself inside the master’s bedroom, together with because the municipal treasurer has no authority to
her paramour because her husband caught them in detain a person although he is a public officer.
cohabitation. His husband is trying to open the
Alright let us try to make a distinction between
locked door holding a .45 caliber. He told the
arbitrary detention and illegal detention. Arbitrary
policeman, help us because her husband is outside
detention, the offender must be a public officer.
the room………the wife gives her name, Heart
Civilian cannot commit the crime of arbitrary
Escudero alright. Now what’s the name of your
detention except when they conspire the public
husband? Chiz Escudero. The policeman immediately
officers in the commission of the crime or an
responded, upon arrival of the house, he met by a
accomplice or an accessory to the public officer or
man who introduced himself as Chiz Escudero. Chiz
employee. The offender is a public officer who has a
Escudero had said that Mr. policeman, let’s go to the
duty which carries with it the authority to detain a
room, now when they arrived at the master’s
person under arbitrary detention. In illegal detention,
bedroom, the policeman found the lifeless body of
the principal offender here is a private person but a
heart and Jericho. The two victims found out to have
public officer can commit the crime of illegal
sustained gun shot wounds in different parts of the
detention when he is acting in a private capacity
bodies. The door appears to have been forcibly
being in the scope of his official duty or becomes an
destroyed and the piston was found on top of the
accomplice or accessory to the crime committed by a
bed. When asked if he has knowledge to what had
private person. Now the offender even if he is a
happened, Chiz replied that both victims committed
public officer does not include as his function the
suicide with the use of .45 caliber pistol. Under the
power to arrest or detain a person unless he
facts given, can the policeman place Chiz under
conspires with the public officer in committing the
arrest and detain him? Under RULE 113 yes.
crime of arbitrary detention.
Ofcourse. The policeman is justified in placing the
Chiz under arrest because while he was not present Whether the crime of arbitrary detention or illegal
in the commission of the crime, he has the personal detention, it is necessary that there must be an
knowledge to the facts indicating to the person to be actual restraint of liberty of the offended party. If
arrested has committed the crime. there’s no actual restraint, as the offended party may
still go to the place where he wants to go. The crime
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

of arbitrary detention or illegal detention has not without legal grounds.


been committed. It is either grave or light threat.
Now what about if the victim is under guard in his
Article 125. Delay in the delivery of detained
moment, such that there is still restraint of liberty.
persons to the proper judicial authorities. - The
Can arbitrary detention be committed? Yes, if the
penalties provided in the next preceding article shall
restraint is present then arbitrary detention is
be imposed upon the public officer or employee who
committed.
shall detain any person for some legal ground and
ARBITRARY ILLEGAL DETENTION shall fail to deliver such person to the proper judicial
DETENTION authorities within the period of; twelve (12) hours,
The principal The offender is a private for crimes or offenses punishable by light penalties,
offender must be a person or a public officer or their equivalent; eighteen (18) hours, for crimes
public officer. whose function does not or offenses punishable by correctional penalties, or
include the power to arrest their equivalent and thirty-six (36) hours, for crimes,
and detain a person. or offenses punishable by afflictive or capital
The public officer The private person or even if penalties, or their equivalent. In every case, the
has the duty to he is a public officer does not person detained shall be informed of the cause of his
arrest and detain a have the power to arrest and detention and shall be allowed upon his request, to
person. detain a person. communicate and confer at any time with his
Whether the crime is arbitrary detention or illegal attorney or counsel. (As amended by E.O. Nos. 59
detention, it is necessary that there must be an and 272, Nov. 7, 1986 and July 25, 1987,
actual restraint of liberty of the offended party. respectively).
Elements:
Now, let us try to distinguish arbitrary detention and 1) That the offender is a public officer or employee;
unlawful arrest. In so far as the offender is
concerned, I arbitrary detention the offender is a 2) That he has detained a person for some legal
public officer who carries with a duty to arrest. In ground;
unlawful arrest the offender may still detain a 3) That he fails to deliver such person to the proper
person. The distinction as far as criminal intent is judicial authorities within:
concerned. In arbitrary detention, the main reason
for detaining the offended party is to deny him of his a) 12 hours, for crimes or offenses
liberty while in an unlawful arrest, the purpose is to punishable by light penalties, or their
accuse the offended party of the crime he did not equivalent; or
commit to deliver the person in the proper authority b) 18 hours, for crimes or offenses
and to file the necessary charges in the way trying punishable by correctional penalties, or
to incriminate her. When a person is unlawfully their equivalent; or
arrested the subsequent detention is also unlawful.
When the arrest is unlawful anything, any evidence c) 36 hours, for crimes or offenses
or things consficated becomes in admissible in punishable by afflictive or capital
evidence, that is the doctrine of poisonous tree take penalties, or their equivalent.
note of that. Remember that Art 125 is a felony by omission.
Under this article, the detention of the offended party
ARBITRARY UNLAWFUL ARREST
is with legal grounds unlike in Art 124. In art 125 the
DETENTION
detention is with legal ground but only there is delay
The offender is a The offender may be any
in the delivery of the detained person to the proper
public officer who person.
judicial authority. The initial detention of the person
has the authority to
is lawful unlike in 124 as discussed earlier. It covers
make arrest and
a situation wherein a person detained and has been
detain.
arrested without a warrant but his warrantless arrest
The main reason The purpose is to accuse the
is lawful. It is a felony committed by omission
for detaining the offended party with a crime he
because of the failure of the offender to deliver the
offended party is to did not commit, to deliver the
detained person to the proper judicial authority
deny him of his person to the proper authority
within 12, 18 or 36 hours. Remember the figure –
liberty. and to file the necessary
12,18,36!
charges in a way trying to
incriminate him. Under this article, the detention of the offended party
Remember the rule that when is with legal ground. What about Art. 124? The
a person is unlawfully arrested, detention is without a legal ground. In this offense
his subsequent detention is under Art. 125, the initial detention of a person is
23
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

lawful unlike in the situation contemplated in ART. Have you heard an inquest proceeding? This is done
124 wherein the detention of a person is unlawful by the prosecutor or fiscal. So meaning, mag-aresto
from the very beginning. The only reason by the ning tawhana sa pakibato…supposing you are a
offender under ART. 125 focuses situation wherein policeman there, and you witness the commission of
the person detained has been arrested without a the crime of murder, syempre you are going o arrest
warrant but his arrest again is lawful. that person whom you personally saw the
commission of the crime. Alright, the problem is that
Probably, he was arrested because the policeman
the place is very far. Let us say, it would take 5 days
who arrested him personally sees him committing the
to travel by foot. Supposing, wala pay existing nga
crime or he is personally attempting to commit the
trak or mobile car. Crime happened there, it would
crime. Again, under Article 125 his arrest or
take 5 days for the policeman to reach. By the time
detention is lawful or the public officer failed to
he arrives the prosecution office…… humana ang 36
deliver the detained person or arrested person to the
hours under art. 125. Alright, question, can the
proper judicial authorities within the prescribe period
policeman be liable? He can be charged under art.
of time.
125 but what would be his defense? An exempting
Alright now, this is a felony committed by omission circumstance. What ground specifically? He was
because of the failure of the offender to deliver the prevented by an insuperable cause. That is an
detained person to the proper judicial authorities. insuperable cause. The fact that the farthest
When the person is detained, it is charged by the barangay would make 5 days to arrive at the
crime punishable by the light penalty. It should be prosecution office to file the complaint. While it is
referred to the proper judicial authorities. true he may be charged under article 125, but he can
Now what do we mean by judicial authorities? invoke as defense the exempting circumstance that
Judicial authority refers to the judges or justices. he was prevented by an insuperable cause.
What do we mean by the delivery of a detained When the person is detained for a commission of the
person? It means failure to deliver or delay in the crime, his arrest having been effected without a
delivery of a detained person. Like, the policeman warrant and his care is within the jurisdiction of the
arrested somebody and that arrest is legal. He RTC, under the rule of criminal procedure, he may
detained him under Art. 124, he is supposed to ask for a preliminary investigation. But he must sign
deliver the detained person to the proper judicial a waiver of the provisions of article 125 as amended.
authorities within the period prescribed by law.
Art. 125 always comes in especially, if there is an
(actual delivery ha)
inquest proceeding. What will happen? The
Delivery of a detained person consists in making a policeman will bring the accused to the prosecutor’s
charge of filing a complaint against the prisoner to office. It is the prosecutor who will determine to that
the proper judicial authorities. It simply means particular crime did the accused commit and after
putting the arrested person under the jurisdiction of that he will file a case in court. Now, within what
the court. It does not involve the physical delivery of period should a police officer arrest a person under a
the detained person or prisoner before the judge. warrant? By the way, Article 125 deals on the
This is done by the filing of the necessary complaint situation where there is no warrant and yet the
or information against the person to be arrested. The arrest is lawful, take note ha. No warrant. Under art.
purpose of this is to report or determine whether the 125, the policeman is obliged to deliver him in the
offense is bailable or not. proper judicial authorities within a specified period of
What is required of him to avail of right to have a time as provided by law. What about if the arrest is
preliminary investigation? He will waive. He will be with warrant? The policeman arrested him and by
signing a waiver assisted by counsel as a waiver on the time of his arrest, he was armed with a warrant
his part so that the policemen will not be liable for of arrest. I s he obliged to comply art. 125. The
violation of Art 125 including the fiscal who is answer is no. There is no obligation for him because
resolving it. The preliminary investigation must be art. 125 comprises only when the arrest is lawful but
terminated within a period of 15 days from its without a warrant. If the policeman has a warrant of
inception. This is a requirement under Rule 112 of arrest at the time he arrested the peron, he is under
the Revised Rules on CrimPro. no obligation to follow the mandate of art. 125.
There is no time limit except the policeman there is
BQ – Within what period should a police officer who obliged to return a reasonable time. The period fixed
has arrested a person under a warrant of arrest turn by law under article 125 does not apply if there
over the arrested person to a judicial authority? exists a warrant of arrest. Now when the person is
There is no time limit specified. Except that the arrested without a warrant. It means there is no case
return must be made within a reasonable time. The filed in court yet. So if the arresting officer will hold
period under Art 125 does not apply because the the arrested person, he is actually depriving the
arrest was done by virtue of a warrant of arrest. person his right to bail. For ex. You saw him
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

committed theft. You are supposed to deliver him to the arrest is made without a warrant, this constitutes
the proper judicial authorities within a period of 18 an unlawful arrest. Art. 269 not art. 125 will apply. If
years. Now supposing, the person said sir kanus a ko the arrest is not based on legal ground, the arrest is
nimo dalahon sa piskal sir? The police said paghulat still and simple arbitrary detention. Art. 125
diha. Hangtod niabot and 5 days, the police did not contemplates a situation where the arrest is made
do anything. Did the policeman commit crime? Yes without a warrant base on legal ground. By the way,
even if the arrest is lawful, even if the detention is is the arrest of a person who committed a crime
lawful but you are only given a period of time limited only to a policeman? No, even if he is not a
otherwise you should become liable. There are policeman, he was only a private individual and he
instances that even if the case is undergoing a personally witnesses the commission of the crime.
preliminary investigation or inquest proceeding. Do Can he make arrest? Yes it is called the citizen’s
you have the right to bail? You know if you are arrest.
reading your books, if the case is not filed in court
What if the law violated is a special law? What is the
meaning it still in the prosecution office, it means it
allowable period that the said person be detained in
discusses that you have no right to file or post a bail
by the policemen? In case the law violated is a
because the case has not yet been filed in court. But
special law, check the penalty imposable by the
right now, under the amended rules of crim pro,
special law and determine if it is grave, less grave or
even if the case has not yet reach the court, meaning
light felony. That is the basis for determining the
the case is still in the prosecution office, undergoing
period of time during which an arresting officer that
preliminary investigation, you can file now or post a
legally called on the person arrested with legal
bail. So that is the significant amendment. Take note
ground and without a warrant of arrest.
ha.
What should be done by the arresting officer? Having
Under the RPC, when the person is arrested for a
the person arrested charge in court within the proper
crime, he has the right to demand for a preliminary
period – 12,18 or 36.
investigation. So let us say you are arrested for a
crime of murder and brought to a fiscal’s office for Example:
inquest proceeding. Can you say piskal kadali lang, I A police officer arrested a person without a warrant
want to file my counter affidavit. I want to exercise of arrest with legal ground in a far flung place for a
my right for preliminary investigation. Under the crime of attempted homicide. Let us suppose the
rules, can you do that? Yes, provided you sign a crime happened in Paradise Imba (bayntsingko
waiver of art. 125. By the time you will become centavos na lang kulang sa pamasahe para
lawyers, you will be asked by the prosecutors, makaadto nakag langit ) In bringing the person
panero na paman day ka diha, pwedi mi muhangyo arrested in the municipality, you have to cross 7 hills
kay can you assist this person who undergoes and 7 seas. Murag si Ali Baba noh? Under the law,
preliminary investigation, meaning while there is a attempted homicide is punishable with prision
preliminary investigation you will not hold the piskal correccional. Since the penalty is correctional the
or policeman liable for detention under rt. 125 arresting officer should file the case within 18 hours
because of your waiver. from the time he arrested the person.
The arrest of the suspect, one bar question was done What if the arresting officer fails to file a case within
in baguio city on the way to Manila when the crime the time provided by law? Was there a violation of
was committed there was a typhoon. So the suspect Art 125? Yes, there is violation of Art 125 and the
could not be brought to Manila until 3 days later. The arresting officer may be criminally liable.
question is was there a violation of art. 125? That in
the exempting circumstance, he will be exempted If you are the counsel for the arresting officer, what
from criminal liability because of the insuperable would be your defense? INSUPERABLE CAUSE under
cause. Art 12, par 7 of the RPC.
A. Of course, there was. The crime committed was By the way, before I will leave Art. 125, I want you
arbitrary detention in the form of delay in the to take hold of a Copy of RA 9372. Did you discuss
delivery of an arrested person to the proper judicial this? 9372 or human security act of 2007. What is
authority. The typhoon or flood is a matter of that law? The law on anti terrorism. By the way
defense to be proved by the accused or the arresting under that law what is terrorism. Terrorism under
officer as whether or not he is liable. In this situation, sec. 3 of that law defines any person who commits
he may be exempted under Art. 12, par 7 – an act punishable under any ff. the provisions of the
insuperable cause. rpc. In fact art. 122 is even included. What particular
act must be due to constitute terrorism?
Before art. 125 may be applied. It is necessary that
initially the detention of the arrested person must be 1. sowing and creating a condition of widespread and
lawful because the arrest is based on legal ground. If extraordinary fear and panic among the populace in
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

order to coerce the government to give in to an


unlawful demand shall be guilty of the rime of
The provision of Art 125 of the RPC, any police or
terrorism and shall suffer the penalty of 40 years of
law enforcement personnel who having been duly
imprisonment without the benefit of parole as
authorized by the anti – terrorism council as taking
provided under the indeterminate sentence law. Now
custody of person charged with or the suspected
why I am dealing on that? It is because under sec.
crime of terrorism for the crime of conspiracy to
18 of that law, the period of detention without
commit terrorism shall without incurring the criminal
judicial warrant of arrest.
liability for delay in the delivery of the detained
persons to the proper judicial authorities. Deliver said
SEC. 18. Period of Detention Without Judicial charge of suspected person, the proper judicial
Warrant of Arrest. - The provisions of Article 125 of the authorities with the period of 3 days counted from
Revised Penal Code to the contrary notwithstanding, any the moment the said charge or suspected person has
police or law enforcement personnel, who, having been been apprehended or arrested, detained custody to
duly authorized in writing by the Anti-Terrorism Council the police or law enforcement personnel. Under that
has taken custody of a person charged with or suspected
law, you are charged of terrorism.
of the crime of terrorism or the crime of conspiracy to
commit terrorism shall, without incurring any criminal Now you know that law, once the policeman have
liability for delay in the delivery of detained persons to the arrested the person suspected as terrorist, there is
proper judicial authorities, deliver said charged or requirement on his part to deliver (actual) of that
suspected person to the proper judicial authority within a person suspected of terrorism to the judge. There
period of three days counted from the moment the said
must be physical delivery. You know sec. 3 of that
charged or suspected person has been apprehended or
arrested, detained, and taken into custody by the said
law, there are so many acts that are being defined
police, or law enforcement personnel: Provided, That the specific special laws that are covered under the
arrest of those suspected of the crime of terrorism or terrorism law. Example, under the RA 6969, the toxic
conspiracy to commit terrorism must result from the substance….act,that is included in the anti terrorism
surveillance under Section 7 and examination of bank act. Somehow ga overlap naba. Also, ra 6235 the
deposits under Section 27 of this Act. anti hijacking law, that is included in the definition of
terrorism. But you know, I did not, well rebellion and
The police or law enforcement personnel concerned shall, insurrection also are already included as part of this
before detaining the person suspected of the crime of law on terrorism. That’s why the military called the
terrorism, present him or her before any judge at the NPA’s as CT or communist terrorist, including the
latter's residence or office nearest the place where the CPP. Under this Sec. 18, there is corresponding
arrest took place at any time of the day or night. It shall
penalty for the police who fails to notify the judge as
be the duty of the judge, among other things, to ascertain
the identity of the police or law enforcement personnel providing in the preceding paragraph, because there
and the person or persons they have arrested and is a requirement under this law. If the police fails to
presented before him or her, to inquire of them the do that, he shall suffer the penalty of 10 years and 1
reasons why they have arrested the person and determine day to 12 years of imprisonment. Now, under sec. 20
by questioning and personal observation whether or not of that law penalty for failure to deliver suspect to
the suspect has been subjected to any physical, moral or the proper authority, the penalty of 10 years and 1
psychological torture by whom and why. The judge shall day to 12 years of imprisonment shall be imposed
then submit a written report of what he/she had observed upon ay police who was apprehended, arrested or
when the subject was brought before him to the proper detained of a person charged with or suspect of a
court that has jurisdiction over the case of the person thus
crime of terrorism or conspiracy to commit terrorism
arrested. The judge shall forthwith submit his/her report
within three calendar days from the time the suspect was and fails to deliver such charged or suspected person
brought to his/her residence or office. to the proper judicial authority within the period of 3
days.
Immediately after taking custody of a person charged with What is the period of detention in the event of an
or suspected of the crime of terrorism or conspiracy to actual or imminent terrorist attack?
commit terrorism, the police or law enforcement personnel
shall notify in writing the judge of the court nearest the SEC. 19. Period of Detention in the Event of an
place of apprehension or arrest: Provided ,That where the Actual or Imminent Terrorist Attack. - In the event of
arrest is made during Saturdays, Sundays, holidays or an actual or imminent terrorist attack, suspects may not
after office hours, the written notice shall be served at the be detained for more than three days without the written
residence of the judge nearest the place where the approval of a municipal, city, provincial or regional official
accused was arrested. of a Human Rights Commission or judge of the municipal,
regional trial court, the Sandiganbayan or a justice of the
The penalty of ten (10) years and one day to twelve (12) Court of Appeals nearest the place of the arrest. If the
years of imprisonment shall be imposed upon the police or arrest is made during Saturdays, Sundays, holidays or
law enforcement personnel who fails to notify and judge after office hours, the arresting police or law enforcement
as Provided in the preceding paragraph. personnel shall bring the person thus arrested to the
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

residence of any of the officials mentioned above that is employee who, not being thereunto authorized by law,
nearest the place where the accused was arrested. The shall expel any person from the Philippine Islands or shall
approval in writing of any of the said officials shall be compel such person to change his residence.
secured by the police or law enforcement personnel
concerned within five days after the date of the detention
of the persons concerned: Provided, however, That within Elements:
three days after the detention the suspects, whose 1) That the offender is a public officer or employee;
connection with the terror attack or threat is not
established, shall be released immediately. 2) That he expels any person from the Philippines,
SEC. 20. Penalty for Failure to Deliver Suspect to or compels a person to change his residence;
the Proper Judicial Authority within Three Days . -
The penalty of ten (10) years and one day to twelve (12) 3) That the offender is not authorized to do so by
years of imprisonment shall be imposed upon any police or law.
law enforcement personnel who has apprehended or Now these crimes should be correlated with the
arrested, detained and taken custody of a person charged Section 6, Art 3 of the 1987 Constitution. What is
with or suspected of the crime of terrorism or conspiracy
violated here? Your liberty of abode. Now only the
to commit terrorism and fails to deliver such charged or
suspected person to the proper judicial authority within president of the Philippines can expel a person under
the period of three days. the power of deportation through the Commission of
the Immigration. This is specifically applied to
overstaying aliens.
What are the liabilities of public officers under the
Human Security Act? Failure to turn over the
detainee within 3 days to judicial authorities, The power of the president to deport aliens is an act
Infidelity in the custody of detainees, and Furnishing of the state where the courts had no power to
false evidence, forged documents or spurious interfere with or to control the action of the
evidence. president.
Article 126. Delaying release. - The penalties Why? The discretionary power to deport undesirable
provided for in Article 124 shall be imposed upon any aliens whose continued presence of the country is a
public officer or employee who delays for the period menace to the peace and safety of the community
of time specified therein the performance of any which is considered as an act of the state cannot be
judicial or executive order for the release of a subject by review of the SC.
prisoner or detention prisoner, or unduly delays the
service of the notice of such order to said prisoner or 2 examples of valid expulsion.
the proceedings upon any petition for the liberation 1. the power of immigration
of such person.
2. the ejectment case
What are the acts that are being punished under Art
Another, when the penalty impose is destierro, or
126? They are:
your not allowed to enter a specific place. So that’s
1) By delaying the performance of a judicial or one of the instances to banish to some other place.
executive order for the release of a prisoner;
ESSENCE OF THE CRIME:
2) By unduly delaying the service of the notice of
You know the essence of the crime is coercion. Now
such order to said prisoner;
the specific crime is what we call expulsion because
3) By unduly delaying the proceedings upon any when committed by public officer.
petition for the liberation of such person.
IF COMMITTED BY A PRIVATE PERSON:
Ex. The judge ordered the dismissal of the criminal
Now, if this is committed by the private person, the
case and ordered the release of the prisoner but the
crime is not expulsion, the crime committed is simply
warden refused the order to release the accused. Is
grave coercion. The question is a Filipino citizen was
he criminally liable for detaining release. The public
sent outside the country, what crime is committed
officers most likely to commit this offense are the
which you deported a Filipino to other country? If
wardens, jailors and peace officers formally charge of
you are deported to another country without your
prisoner as detained persons. When I acquit a
consent, expulsion will not apply, grave coercion may
person, I see to it that there is a sentence in the
be.
dispositive portion which states that the jail wardens
is hereby ordered to release the accused unless he is Remember the case of Villavicencio v. Lukban.
detained for some other lawful causes. Most criminal law books cited it.

Article 127. Expulsion. - The penalty of prision Villavicencio vs Lukban


correccional shall be imposed upon any public officer or
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“When your resources are down to nothing, believe that God is up to something =)”
Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

In ejectment cases, forcible entry cases, unlawful


Facts: detainer cases and also in the imposition of the
penalty of destierro. So we can restrict your right to
Justo Lukban as Manila City's Mayor together with Anton come or leave a particular place.
Hohmann, the city's Chief of Police, took custody of about
170 women at the night of October 25 beyond the latters
consent and knowledge and thereafter were shipped to
Mindanao specifically in Davao where they were signed as SECTION TWO. — VIOLATION OF DOMICILE
laborers. Said women are inmates of the houses of
prostitution situated in Gardenia Street, in the district of
Sampaloc. Article 128. Violation of domicile. - The penalty of prision
correccional in its minimum period shall be imposed upon
any public officer or employee who, not being authorized
Held: by judicial order, shall enter any dwelling against the will
of the owner thereof, search papers or other effects found
The court concluded the case by granting the parties therein without the previous consent of such owner, or
aggrieved the sum of 400 pesos each, plus 100 pesos for having surreptitiously entered said dwelling, and being
nominal damage due to contempt of court. Reasoning further required to leave the premises, shall refuse to do so.
that if the chief executive of any municipality in the Philippines
could forcibly and illegally take a private citizen and place him
If the offense be committed in the night-time, or if any
beyond the boundaries of the municipality, and then, when
called upon to defend his official action, could calmly fold his papers or effects not constituting evidence of a crime be
hands and claim that the person was under no restraint and not returned immediately after the search made by the
that he, the official, had no jurisdiction over this other offender, the penalty shall be prision correccional in its
municipality. medium and maximum periods.

We believe the true principle should be that, if the respondent


is within the jurisdiction of the court and has it in his power to
obey the order of the court and thus to undo the wrong that
he has inflicted, he should be compelled to do so. Even if the Elements:
party to whom the writ is addressed has illegally parted with
the custody of a person before the application for the writ is 1) That the offender is a public officer or employee.
no reason why the writ should not issue. If the mayor and the
chief of police, acting under no authority of law, could deport
2) That he is not authorized by judicial order to
these women from the city of Manila to Davao, the same enter the dwelling and/or to make a search
officials must necessarily have the same means to return therein for papers or other effects.
them from Davao to Manila. The respondents, within the
reach of process, may not be permitted to restrain a fellow Circumstances qualifying the offense
citizen of her liberty by forcing her to change her domicile and
to avow the act with impunity in the courts, while the person
1. If it is committed at night time; or
who has lost her birthright of liberty has no effective recourse. 2. If any papers or effects not constituting evidence
The great writ of liberty may not thus be easily evaded.
of a crime are not returned immediately after the
search made by offender.
Remember the rule that only the President of the In order to commit this crime, the entry must be
Philippines can expel a person by virtue of his power against the will of the owner. The one who could be
of deportation through the Commission of liable for violation of domicile, the entry must be
Immigration. This applies to overstaying aliens. If against the will of the owner.
you are a Filipino citizen and the President forced you
to go to Iraq! You go to Iraq! There is an executive Now, if the entry is only without the consent of the
order that you go to Iraq. Can the President do that? owner against the will is different from w/o the
Of course not. consent; if the entry is only without the consent of
the owner, take note, the crime of violation of
What is covered with the power of deportation is only domicile is not committed.
with the overstaying aliens or undesirable aliens.
The power of the President to deport aliens is an act
of the State where the Supreme Court has no power EXPRESS
to interfere with or to control the action of the The prohibition not to enter may be express or
President. The discretionary power to deport implied, prohibition may be express when the signs
undesirable aliens whose continued presence in the do not enter or strangers keep out are posted in
country is a menace to the peace and safety of the front of the house or dwelling of the offended party,
community is an act of the State. that is what we call express prohibition.
But what about the courts? Do we have the power? IMPLIED
YES. Of course.
There could also be implied prohibition, if the door is
lock or even it is open there are barriers to indicate
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

manifest intention of the owner to bar the strangers Example: A policeman is chasing a person whom he
from entering so we can say that is implied. has seen committing a crime, by chasing the person,
that person enters a house (a house of a friend), he
RATIONALE OF THE LAW
was already wounded and was hit by the policeman,
Now, what is the primary objective of the law why the friend let him in and thereafter locked himself
we have this, the primary object of the law is to there. So the chasing policeman was not able to
preserve the privacy of the abode of the offended enter. The owner of the house refused to let him
party, if the privacy is already lost, as when the enter.
offender has been allowed by owner to enter the
dwelling together with other persons any subsequent
change attitude will not restore the privacy which Q: So question, can policeman open the door?
already lost.
A: Yes, the policeman can do that without violating
You invited them to your dwelling/ to your premises, Article 128, why? Because it is allowed under Rule
and so happen, during your conversation, some 113.
things happened and you wanted them to leave.
Q: are they liable those who entered your premises;
There are three recognized instances when search
are they liable for violation of domicile?
without a warrant is considered valid and therefore
A: No. You already lost your privacy. You already the seizure of any evidence done is also valid.
caused them to be entered, caused their entry in Outside of this, search would be invalid and the
your credit. We can say therefore that in such a objects would not be admissible in evidence. What is
circumstance, your privacy of abode is already that? That is a fruit of a poisonous tree. We
waived. So therefore, violation of domicile can no commonly call the Exclusionary Rule in Evidence.
longer be committed, so offenders cannot be held
Nobody is allowed to enter your residence, or nobody
liable.
is allowed to conduct any search inside your
Rule: In order to commit this crime, the entry must premises without a valid search warrant. Search
be against the will of the owner. If the entry is only warrant is a document issued by a judge, brought by
without the consent of the owner, the crime of the policemen in raiding/conducting a raid in
violation of domicile is not committed. particular house. Search warrant is a very powerful
document because that will allow the policemen to
make entry even if it is against your will and yet they
Take note article 128 is limited to public officers. The are not liable for violation of domicile or because
public officers who may be liable for violation of their entry, intrusion to your abode, to your privacy is
domicile are those who are possessed of the allowed under our Constitution and under our rules.
authority to execute search warrants and warrants of
There are three recognized instances when search
arrests, like policemen, NBI, law enforcement
without a warrant is considered valid, as a general
person/personnel from law enforcement agencies.
rule, if premises/house cannot be searched without a
search warrant, except:
Take note: No one is allowed to enter your (1) Search made incidental to a valid
premises, or conduct any search inside your arrest;
premises, that is the general rule. No one is allowed
(2) Where the search was made on a
entry unless you have given your consent—express
moving vehicle or vessel such that the
or implied.
exigency of the situation prevents the
There are instances when the policemen may enter searching officer from securing a search
your premises w/o violating article 128, what are warrant;
those instances?
(3) When the article seized is within plain
Under Rule 113 of the Revised Rules of Court, under view of the officer making the seizure without
the rule on criminal procedure when a person to be making a search therefore.
arrested enters a premise and closes it thereafter,
Rule: Valid arrest thereafter search and not, search
the policeman, after giving notice of an arrest, can
thereafter arrest.
break into the premise.
 Search made incidental to a valid arrest;
Q: Can he be liable of violation of domicile and
search, the answer is No. He cannot be held liable
because his entry therefore is allowed under Rule
113.

29
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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

No one can search you. Policemen cannot make a Question: can the policemen seize the gun
search of your person, that is the general rule.. when the search warrant issued to them is only for
However, there are instances; there are exceptions the seizure of drugs. Can they seize it?
to the rule. For example, search is made incidental to
Answer: Yes, because under the plain view
a valid.
doctrine. That is allowed.
For example a person is arrested because he killed
Alright, under the article 128, by the way, there are
another one and the police man personally saw it
three ways of committing violation under
and the policeman arrest that man. Of course, that is
article 128:
allowed, he can arrest that man; and during the
conduct of the arrest, in effecting the arrest, can the (1) By simply entering the dwelling of another if
policeman search him, the answer is yes, he can such entering is done against the will of the
search. occupant. In the plain view doctrine, public
officer should be legally entitled to be in the
When you commit a crime, then the policeman who
place where the effects were found. If he
arrested you, has the right to search you? Yes, He
entered the place illegally and he saw the
has the right to search you. For example, if you are
effects, doctrine inapplicable
driving a motorcycle and you did not wear your
helmet or even you wore your helmet, but then you (2) Public officer who enters with consent
violated some traffic rules. searches for paper and effects without the
consent of the owner. Even if he is welcome
Question: Do you commit a crime just because
in the dwelling, it does not mean he has
there is violation of some traffic rules?
permission to search.
Answer: Yes, violation of municipal/city
(3) Refusing to leave premises after surreptitious
ordinance because of a traffic violation is already a
entry and being told to leave the same. The
crime that would entitle/ that would allow the
act punished is not the entry but the refusal
policeman make a search of your person.
to leave. If the offender upon being directed
 Where the search was made on a moving to eave, followed and left, there is no crime
vehicle or vessel such that the exigency of of violation of domicile. Entry must be done
the situation prevents the searching surreptitiously; without this, crime may be
officer from securing a search warrant; unjust vexation. But if entering was done
against the will of the occupant of the house,
In a search of a moving vehicle, that is allowed, the
meaning there was express or implied
moment, these policemen would learn or received
prohibition from entering the same, even if
information that this incoming vehicle is carrying with
the occupant does not direct him to leave,
it with some prohibited articles. As you would learn it
the crime of is already committed because it
later, in the case of Malstead v. CA, that’s what
would fall in number 1.
happened. When a Caucasian Malstead was arrested
somewhere there in Baguio City because the Example of way # 1 of committing violation
policemen received information that said Caucasian under Article 128:
who transport marijuana from Baguio City going to
You are policeman, you passed by a house,
Manila. That’s the reason why the policemen make
when you peep through a hole, there is a
checkpoint and cut down the vehicle that was
shabu in the table, I will enter the house so
boarded with this person. Pwede, pwede kaayo. ^_^
that I will confiscate the shabu and I will
Search on a moving vehicle, when the policemen
arrest the owner.
have no more time to secure a search warrant that is
allowed. Question: Can this shabu confiscated from
the house by this policeman who does not
What is required only in checkpoints is visual search.
armed any search warrant be admissible, can
 When the article seized is within plain we used it against the occupant, just because
view of the officer making the seizure these are illegal drugs or prohibited drugs?
without making a search therefore. The answer is No. Policeman even commits a
crime under article 128. By what power, by
Another, when the articles seized is within the plain
what authority, do you have to enter the
view of the officer making the seizure w/o making a
house of the occupant without the search
search therefore. Given example, you are, under the
warrant? See, you can see the point? You
policemen are ought to have a search warrant in
know, our laws are more favourable to the
order to search a particular house accordingly there
accused; our laws, criminal laws.
are dangerous drugs there. When the policemen
entered the house, they saw for themselves a gun Example of way # 2 of committing violation
placed on the top of the table. under Article 128:
30
“When your resources are down to nothing, believe that God is up to something =)”
Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

The only thing that could allow the policemen EXAMPLE:


to gain entry of the premises or the house of
It was raining heavily and a policeman took shelter in
the occupant is through a search warrant,
one person’s house. The owner obliged and has his
and what is search warrant?
daughter serve some coffee to the policeman. The
Search Warrant: itis an order in writing policeman makes a pass to the daughter and then,
issued in the name of the people of the the owner of the house asked him to leave.
Philippines, signed by a judge and directed to
Q: Does this fall under Art 128?
a peace officer commanding him to search for
a personal property and to bring it to court. A. No. It was the owner of the house who let the
policeman in. The entering is not considered
In order for a search warrant may be issued,
surreptitious.
it must be based on a probable cause in
connection with one offense to be determined
by a judge after examination under oath of A person surreptitiously enters the dwelling of
the complaint and the witnesses came another, what crime or crimes were possibly
introduced and particularly describing the committed?
place to be searched and the persons and
things to desist. The crimes committed are:
Take Note: You cannot be searched, without you a) Qualified trespass to dwelling under Art 280.
being first arrested. If there was an express or implied prohibition
in entering, this is tantamount to be against
Assuming that, nothing, you are not entering the will of the owner; and
a mall, you are not entering public utility
transport terminal; just plainly, policeman b) Violation of Domicile in the 3 rd form if he
saw you and make a search on you. Can the refuses to leave after being told.
police search you? NO. What if the policeman
searched you and after searching you, he
found something illegal in your possession? Is Article 129. Search warrants maliciously obtained and
abuse in the service of those legally obtained. - In addition
that a valid search? The answer is NO. It is
to the liability attaching to the offender for the commission
not a valid search. You can only be searched, of any other offense, the penalty of arresto mayor in its
if you have been arrested. It is irreversible; it maximum period to prision correccional in its minimum
cannot be reversed. You cannot be searched period and a fine not exceeding P1,000 pesos shall be
first, then, you are arrested. What is the imposed upon any public officer or employee who shall
purpose then of the search when you are procure a search warrant without just cause, or, having
already arrested? The purpose there is to look legally procured the same, shall exceed his authority or
for concealed weapon, probably during the use unnecessary severity in executing the same.
arrest; you will resist, will danger or prejudice
the arresting officer. There are two acts that are made punishable under
The Standard operating procedure is if you have Article 129:
committed the crime, the policeman will arrest you 1. Procuring a search warrant without just
then after search you. It is wrong when a policeman cause;
search you thereafter arrest you, it is WRONG! All
evidence confiscated will become inadmissible on the Elements
ground it is a fruit of the poisonous tree. a. Offender is a public officer or
EXAMPLE: employee;
PO2 Tan surreptitiously entered the house of Mario. b. He procures a search warrant;
When Mario arrived he saw PO2 Tan sitting in c. There is no just cause.
comfort in his kitchen, Mario directed PO2 Tan to
leave his home. PO2 Tan followed the order and left. 2. Exceeding his authority or by using
unnecessary severity in executing a search
Q: Is PO2 Tan liable for violation of domicile? warrant legally procured.
A. No, PO2 Tan is not liable for violation of domicile Elements
because he left the house when Mario upon being
directed to do so. In this instance, the act punishable a. Offender is a public officer or
is not the entry but the refusal to leave upon being employee;
required by the owner of the house. b. He has legally procured a search
warrant;

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c. He exceeds his authority or uses policemen are armed with a search warrant for the
unnecessary severity in executing the purpose of seizing unlicensed firearm of the occupant
same. and yet the policemen included in their seizure dvds,
flat screen tvs, clothes and etc. Sobra na pud na! If
What is a search warrant?
the search is for the illegal possession of firearms,
A search warrant is an order in writing issued in the the policemen are required or mandated to
name of the People of the Philippines, signed by a seize/confiscate items related to it, you have no right
judge and directed to a peace office, commanding to bring in the clothes of the occupant, kaldero.
him to search for personal property described therein
and bring it before the court. (Sec 1, Rule 126,
Revised Rules of Criminal Procedure) EXAMPLE:
Remember that in order for a search warrant may be SPO2 Martinez led a team of policemen that
issued, it must be based on probable cause in implemented a search warrant in the house of Mary
connection with one offense to be determined by the Ann. While they were conducting the search, SPO2
judge after an examination under oath of an Martinez destroyed the dividing wall and employed
applicant/ complainant and the witnesses he may violence upon Mary Ann and the members of the
produce. household have giving physical injuries upon them.
What is the validity or lifetime of a search warrant? Q: What crime or crimes can SPO2 Martinez be
Walang forever po. The lifetime of a search warrant charged with?
is 10 days. After 10 days, it is rendered functus
A. SPO2 Martinez can be charged with violation of
officio.
Art 129 and separate crimes of physical injuries.
What about a warrant of arrest? It has no lifetime. There is no complex crime because the 2 felonies
Until the accused is arrested, the warrant of arrest have different penalties anyway.
continues to exist.
In the first act, you have procured a search warrant
In the conduct of a search the public officer destroys
but you do not have just cause.
furniture without legal justification, he is guilty of
What is the true test on whether or not the having used unnecessary severity in executing the
search warrant obtain has just cause? search warrant. That comes within Art 129.
The true test is whether the affidavit filed in
support of the application for search warrant has
(Story about policemen bringing military tanks
been done in such a manner that perjury could
to execute a warrant)
be charged and affiant can be held for making
such statement. The oath required must refer to Article 130. Searching domicile without witnesses. - The
the truth of the facts within the personal penalty of arresto mayor in its medium and maximum
knowledge of the applicant for search warrant or periods shall be imposed upon a public officer or employee
who, in cases where a search is proper, shall search the
his witnesses.
domicile, papers or other belongings of any person, in the
So, meaning the applicant of search warrant or absence of the latter, any member of his family, or in their
any of his witnesses that he was able to produce default, without the presence of two witnesses residing in
has falsified or made false statement in their the same locality.
respective affidavit which supports the issuance
of the search warrant. (That is under the The offender in this case is armed with a valid search
paragraph 1, under the first act of committing the warrant. Who must be present here when the valid
crime) search is conducted in the domicile?
May a search and seizure be conducted without a  The house owner.
search warrant?
 In his absence, any member of his family of
The rules of court provides that when a person sufficient discretion. So, you cannot have a
charged with an offense may be searched for valid search if you have an 8 year old
dangerous weapons or anything which may be used girl.
as proof of the commission of an offense, without a
search warrant. (Sec 12, Rule 126 of the Revised  In the absence of the two, at least 2
Rules on Criminal Procedure) witnesses residing in the same community.

Second is, in the conduct of the search, the public EXAMPLE:


officer destroys furniture without legal justification, You have a searchwarrant for A. You went to the
then he is guilty of having used unnecessary severity house of A and you found D. So, you arrested D.
in executing the search warrant or when the
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Q: Is the arrest of D valid? "Torture" refers to an act by which severe pain or


suffering, whether physical or mental, is intentionally
A: No. inflicted on a person for such purposes as obtaining from
him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has
The obvious reason behind requirement is to avoid committed or is suspected of having committed; or
incriminatory machinations or planting of evidence. intimidating or coercing him/her or a third person; or for
any reason based on discrimination of any kind, when
This time, the offender is legally armed with a search
such pain or suffering is inflicted by or at the instigation of
warrant, but in the conduct of the search, in the or with the consent or acquiescence of a person in
absence of the owner or any member of the family or authority or agent of a person in authority. It does not
two witnesses residing in the same locality. include pain or Buffering arising only from, inherent in or
incidental to lawful sanctions. (Sec.3)
The policemen do not have to wait for the owner of
the house to arrive, if any member of his family is
present, then, they can proceed in the search or in What does cruel, inhuman and degrading treatment
default of the members of the family, any two or punishment means?
witnesses from the neighbourhood, who usually Section 5.Other Cruel, Inhuman and Degrading
barangay kagawad or barangay officials (pwede) Treatment or Punishment. - Other cruel, inhuman or
They can proceed to the search. degrading treatment or punishment refers to a deliberate
and aggravated treatment or punishment not enumerated
Is it necessary to wait for the owner? (Chief wala pa
under Section 4 of this Act, inflicted by a person in
man ang tag-iya – Of course di jud na muabot. Dili authority or agent of a person in authority against another
na magpakita diha) person in custody, which attains a level of severity
No. It is not necessary. Proceed with the search sufficient to cause suffering, gross humiliation or
debasement to the latter. The assessment of the level of
even without the owner of the house being around
severity shall depend on all the circumstances of the case,
provided you follow the provision that in his absence,
including the duration of the treatment or punishment, its
any member of his family and in their default, at physical and mental effects and, in some cases, the sex,
least 2 witnesses residing in the community. religion, age and state of health of the victim.
Rule 121, Section 7 of the Rules of Criminal
Procedure states that: (sa book na Reyes: Rule
Who are victims here?
126, Section 8 of the Revised Rules of Criminal
Procedure) (c) "Victim" refers to the person subjected to torture or
other cruel, inhuman and degrading treatment or
“No search of a house, room or any punishment as defined above and any individual who has
other premises shall be made except in suffered harm as a result of any act(s) of torture, or other
the presence of the lawful occupant cruel, inhuman and degrading treatment or punishment.
thereof or any member of his family or (Sec. 3, RA 9745)
in the absence of the latter, two
witnesses of sufficient age and What does order of battle means?
discretion residing in the same
locality.” “Order of Battle” refers to any document or determination
made by the military, police or any law enforcement
Now, the papers and effect mentioned in Article 130 agency of the gov’t, listing the names of persons and
must be found inside the dwelling or house of the organizations that it perceives to tbe enemies of the State
offended party. Article 130 has no application to and that it considers as legitimate targets as combatants
search and seizure made on moving vehicles because that it could deal with, through the use of means allowed
the application of this law is limited to dwelling and by domestic and international law. (sec. 3, RA 9745)
personal properties, such as papers and effects found
therein.
What are the dfifferent acts of torture?
Read: RA 9745, take a look about Order of Battle, Section 4.Acts of Torture. - For purposes of this Act,
Non refoulement rule torture shall include, but not be limited to, the following:
Let us now look into RA 9745 or the Anti- Torture Act of
2009 (a) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in
- passed into law on Nov. 10, 2009 authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one or
more parts of the body, such as:
ANTI TORTURE ACT RA 9745
(1) Systematic beating, headbanging, punching, kicking,
WHAT IS TORTURE? striking with truncheon or rifle butt or other similar
objects, and jumping on the stomach;
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(2) Food deprivation or forcible feeding with spoiled food, under Section 4 of this Act, inflicted by a person in
animal or human excreta and other stuff or substances not authority or agent of a person in authority against another
normally eaten; person in custody, which attains a level of severity
(3) Electric shock; sufficient to cause suffering, gross humiliation or
(4) Cigarette burning; burning by electrically heated rods, debasement to the latter. The assessment of the level of
hot oil, acid; by the rubbing of pepper or other chemical severity shall depend on all the circumstances of the case,
substances on mucous membranes, or acids or spices including the duration of the treatment or punishment, its
directly on the wound(s); physical and mental effects and, in some cases, the sex,
(5) The submersion of the head in water or water polluted religion, age and state of health of the victim.
with excrement, urine, vomit and/or blood until the brink
of suffocation;
(6) Being tied or forced to assume fixed and stressful Does it cover illegal detention?
bodily position;
Section 7.Prohibited Detention. - Secret detention places,
(7) Rape and sexual abuse, including the insertion of
solitary confinement, incommunicado or other similar
foreign objects into the sex organ or rectum, or electrical
forms of detention, where torture may be carried out with
torture of the genitals;
impunity. Are hereby prohibited.
(8) Mutilation or amputation of the essential parts of the
body such as the genitalia, ear, tongue, etc.;
In which case, the Philippine National Police (PNP), the
(9) Dental torture or the forced extraction of the teeth;
Armed Forces of the Philippines (AFP) and other law
(10) Pulling out of fingernails;
enforcement. agencies concerned shall make an updated
(11) Harmful exposure to the elements such as sunlight
list of all detention centers and facilities under their
and extreme cold;
respective jurisdictions with the corresponding data on the
(12) The use of plastic bag and other materials placed
prisoners or detainees incarcerated or detained therein
over the head to the point of asphyxiation;
such as, among others, names, date of arrest and
(13) The use of psychoactive drugs to change the
incarceration, and the crime or offense committed. This
perception, memory. alertness or will of a person, such as:
list shall be made available to the public at all times, with
(i) The administration or drugs to induce confession
a copy of the complete list available at the respective
and/or reduce mental competency; or
national headquarters of the PNP and AFP.
(ii) The use of drugs to induce extreme pain or certain
symptoms of a disease; and A copy of the complete list shall likewise be submitted by
(14) Other analogous acts of physical torture; and the PNP, AFP and all other law enforcement agencies to
the Commission on Human Rights (CHR), such list to be
periodically updated, by the same agencies, within the first
(b) "Mental/Psychological Torture" refers to acts five (5) days of every month at the minimum. Every
committed by a person in authority or agent of a person in regional office of the PNP, AFP and other law enforcement
authority which are calculated to affect or confuse the agencies shall also maintain a similar list far all detainees
mind and/or undermine a person's dignity and morale, and detention facilities within their respective areas, and
such as: shall make the same available to the public at all times at
their respective regional headquarters, and submit a copy.
(1) Blindfolding; updated in the same manner provided above, to the
(2) Threatening a person(s) or his/fher relative(s) with respective regional offices of the CHR.
bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display
or public humiliation of a detainee or prisoner; Does the exclusionary rule apply in cases of
(6) Causing unscheduled transfer of a person deprived of torture?
liberty from one place to another, creating the belief that ANS: Yes. Sec. 8, RA 9745
he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family; Section 8.Applicability of the Exclusionary Rule;
(8) Causing the torture sessions to be witnessed by the Exception. - Any confession, admission or statement
person's family, relatives or any third party; obtained as a result of torture shall be inadmissible in
(9) Denial of sleep/rest; evidence in any proceedings, except if the same is used as
(10) Shame infliction such as stripping the person naked, evidence against a person or persons accused of
parading him/her in public places, shaving the victim's committing torture.
head or putting marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to communicate So, take note:
with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture. GR: any information obtained through torture cannot be
used as evidence. It is not admissible as evidence in any
proceeding.
Section 5.Other Cruel, Inhuman and Degrading
Treatment or Punishment. - Other cruel, inhuman or EXCPTN: it is admissible if used against the persons
degrading treatment or punishment refers to a deliberate committing torture.
and aggravated treatment or punishment not enumerated
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such act, whether deliberately or due to


negligence
Who are liable as principals?
So here, even if you did not directly take part in the
Section 13.Who are Criminally Liable. - Any person
execution of torture and other cruel and humane acts, you
who actually participated Or induced another in the
can still be liable as principal because of COMMAND and
commission of torture or other cruel, inhuman and
RESPONSIBILITY RULE. Take note of the requisites for
degrading treatment or punishment or who
you to be held as principal.
cooperated in the execution of the act of torture or
other cruel, inhuman and degrading treatment or Do you remember the ARIAS DOCTRINE? When we
punishment by previous or simultaneous acts shall be reach to crimes committed by public officers, we have the
liable as principal. concept “conspiracy by silence”. Conspiracy by silence
applies to public officers who are corrupt. He knows that
Any superior military, police or law enforcement his subordinates are corrupt and does nothing but because
officer or senior government official who issued an of their silence that corruption never cease because his
order to any lower ranking personnel to commit silence makes him a conspirator to the corrupt acts.
torture for whatever purpose shall be held equally liable
When we reach public officers, we will make a comparison
as principals.
between the Arias Doctrine and Doctrine of Conspiracy.
The immediate commanding officer of the unit
(COMMAND RESPONSIBILITY) concerned of the
2011 Bar Q: X, a police training officer, tortures W, a
AFP or the immediate senior public official of the
suspected drug pusher. Y and Z, the police trainees,
PNP and other law enforcement agencies shall be
watched X as he extracts information from W by torture.
held liable as a principal to the crime of torture or other
What is the criminal laibility of X?
cruel or inhuman and degrading treatment or punishment
for any act or omission, or negligence committed by ANS: Principal under the Anti- Torture Law, since all the
him/her that shall have led, assisted, abetted or allowed, elements to be held liable as principal under are present.
whether directly or indirectly, the commission thereof by
his/her subordinates. If he/she has knowledge of or,
owing to the circumstances at the time, should have Who are liable as acomplice?
known that acts of torture or other cruel, inhuman and
Sec. 27, RA 9745 IRR provides:
degrading treatment or punishment shall be committed, is
being committed, or has been committed by his/her Accomplice is any person who, not being included in Sec.
subordinates or by others within his/her area of 26 (who are liable as pincipals) hereof, cooperate in the
responsibility and, despite such knowledge, did not take execution of torture or other cruel, inhuman or degrading
preventive or corrective action either before, during or treatment or punishment by previous or simultaneous
immediately after its commission, when he/she has the acts.
authority to prevent or investigate allegations of torture or
other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate allegations Who are liable as accessory? Cf: Sec. 28, IRR
of such act, whether deliberately or due to negligence
Any public officer or employee shall be liable as an
shall also be liable as principals.
accessory if he/she has knowledge that torture or other
cruel, inhuman and degrading treatment or punishment is
Requisites for the immediate commanding officer being committed and without having participated therein,
or immediate public officer to be held principal: either as principal or accomplice, takes part subsequent to
its commission in any of the following manner:
1. for any act or omission, or negligence committed
(a) By themselves profiting from or assisting the offender
by him/her that shall have led, assisted, abetted
to profit from the effects of the act of torture or other
or allowed, whether directly or indirectly, the
cruel, inhuman and degrading treatment or punishment;
commission thereof by his/her subordinates.
(b) By concealing the act of torture or other cruel,
2. If he/she has knowledge of or, owing to the inhuman and degrading treatment or punishment and/or
circumstances at the time, should have known destroying the effects or instruments thereof in order to
that acts of torture or other cruel, inhuman and prevent its discovery; or(c) By harboring, concealing or
degrading treatment or punishment shall be assisting m the escape of the principal/s in the act of
committed, is being committed, or has been torture or other cruel, inhuman and degrading treatment
committed by his/her subordinates or by others or punishment: Provided, That the accessory acts are
within his/her area of responsibility and, done with the abuse of the official's public functions.
(sec13,RA9745)
3. despite such knowledge, did not take preventive
or corrective action either before, during or
immediately after its commission,
Under the IRR, (sec28) “ if in the event a child is involved
4. when he/she has the authority to prevent or in the act of inflicting torture, the handling and treatment
investigate allegations of torture or other cruel, of said child shall be in accordance with RA 7610, RA 9344
inhuman and degrading treatment or punishment (Juvenile Justice and Welfare Act) and other related laws.
but failed to prevent or investigate allegations of In case of doubt, the interpretation of any of thr provisions
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of these rules and regulations shall be construed liberally maximum period.


in favor of the child involved in the torture acts, i.e., It is a qualifying circumstance then?
consistent with the best interest of the child, the declared
state policy, the rights of the child and principles of
restorative justice. Can a person guilty of committing torture, benefit
from general amnesty? NO!
Is torture a separate crime? Yes. Torture cannot
absorb or be absorbed. Section 16.Exclusion from the Coverage of Special
Section 15.Torture as a Separate and Independent
Amnesty Law. - In order not to depreciate the crime of
torture, persons who have committed any act of torture
Crime. - Torture as a crime shall not absorb or shall not be
shall not benefit from any special amnesty law or similar
absorbed by any other crime or felony committed as a
measures that will have the effect of exempting them from
consequence, or as a means in the conduct or commission
any criminal proceedings and sanctions.
thereof. In which case, torture shall be treated as a
separate and independent criminal act whose penalties
shall be imposable without prejudice to any other criminal Can a person be extradited even if it is in danger of
liability provided for by domestic and international laws. torture here in the Philippines?
For example you are a Chinese citizen, Chinese
Q: If the crime of serious illegal detention and kidnaaping government is requesting for your extradition, you know
was resorted to after bringing the victim into a safe house very well that when you arrive there, your life would be in
and then because of torture he suffered physical injuries. danger because you are a subversive individual there.
How many crimes shall be filed against the accused?
Section 17.Applicability of Refouler. - No person shall be
ANS. He will be liable fo the crime of torture and aside expelled, returned or extradited to another State where
from that he can be liable for serious ilegal detention. So, there are substantial grounds to believe that such person
separate crimes, no absorption. shall be in danger of being subjected to torture. For the
Is the freedom from torture and other cruel and purposes of determining whether such grounds exist, the
inhumane acts an absolute right? Secretary of the Department of Foreign Affairs (DFA) and
the Secretary of the DOJ, in coordination with the
ANS: Yes. Chairperson of the CHR, shall take into account all relevant
considerations including, where applicable and not limited
Section 6.Freedom from Torture and Other Cruel,
to, the existence in the requesting State of a consistent
Inhuman and Degrading Treatment or Punishment, An
pattern of gross, flagrant or mass violations of human
Absolute Right. - Torture and other cruel, inhuman and
rights.
degrading treatment or punishment as criminal acts shall
apply to all circumstances.
This is what you call the non- refoulment rule
A state of war or a threat of war, internal political
instability, or any other public emergency, or a document
or any determination comprising an "order of battle" shall Is the victim entitled to compensation?
not and can never be invoked as a justification for torture
and other cruel, inhuman and degrading treatment or Section 18.Compensation to Victims of Torture. - Any
punishment. person who has suffered torture shall have the right to
claim for compensation as provided for under Republic Act
No. 7309: Provided, That in no case shall compensation be
Q: Can the State justify the use of torture because of any lower than Ten thousand pesos (P10,000.00). Victims
terrorism or other reasons? of torture shall also have the right to claim for
ANS: No. Torture and other cruel, inhuman and degrading compensation from such other financial relief programs
treatment or punishment as criminal acts shall apply to all that may be made available to him/her under existing law
circumstances. A state of war or a threat of war, internal and rules and regulations.
political instability, or any other public emergency, or a
document or any determination comprising an "order of What is the prescriptive period of the offense?
battle" shall not and can never be invoked as a
justification for torture and other cruel, inhuman and - The offense of torture has no prescriptive period. It does
degrading treatment or punishment. not prescribe. The Statute of Limitations shall not apply.

Section 22.Applicability of the Revised Penal Code. - The What is the penalty?
provisions of the Revised Penal Code insofar as they are Section 14.Penalties. - (a) The penalty of reclusion
applicable shall be suppletory to this Act. Moreover, if the perpetua shall be imposed upon the perpetrators of the
commission of any crime punishable under Title Eight following acts:
(Crimes Against Persons) and Title Nine (Crimes Against (1) Torture resulting in the death of any person;
Personal Liberty and Security) of the Revised Penal Code is (2) Torture resulting in mutilation;
attended by any of the acts constituting torture and other (3) Torture with rape;
cruel, inhuman and degrading treatment or punishment as (4) Torture with other forms of sexual abuse and, in
defined herein, the penalty to be imposed shall be in its consequence of torture, the victim shall have become
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insane, imbecile, impotent, blind or maimed for life; and faithful.


(5) Torture committed against children.
(b) The penalty of reclusion temporal shall be imposed on
those who commit any act of mental/psychological torture
Elements
resulting in insanity, complete or partial amnesia, fear of
becoming insane or suicidal tendencies of the victim due 1. Acts complained of were performed in a place
to guilt, worthlessness or shame. devoted to religious worship, or during the
(c) The penalty of prision correccional shall be imposed on celebration of any religious ceremony;
those who commit any act of torture resulting in
2. The acts must be notoriously offensive to the
psychological, mental and emotional harm other than
feelings of the faithful.
those described 1n paragraph (b) of this section. '
(d) The penalty of prision mayor in its medium and *notoriously offensive means there must be a
maximum periods shall be imposed if, in consequence of deliberate intent to hurt the feelings of the faithful
torture, the victim shall have lost the power of speech or
Take note, the private individual can be liable here
the power to hear or to smell; or shall have lost an eye, a
because the law says “anyone” unlike under article 132.
hand, a foot, an arm or a leg; or shall have lost the use of
Take note also that the acts must be notoriously offensive
any such member; Or shall have become permanently
to the feelings of the faithful and performing to a place
incapacitated for labor.
devoted to religious worship and during the celebration of
(e) The penalty of prision mayor in its minimum and
the religious ceremony.
medium periods shall be imposed if, in consequence of
torture, the victim shall have become deformed or shall Now, in the case of People v. Baes, 68 Phil 203, cited
have lost any part of his/her body other than those in your book:
aforecited, or shall have lost the use thereof, or shall have
An act be notoriously offensive to religious feelings must
been ill or incapacitated for labor for a period of more than
be directed against a religious practice or dogma; an act
ninety (90) days.
intended to ridicule or mock another religion, mocks or
(f) The penalty of prision correccional in its maximum
scoffs at anything devoted to religious ceremonies; raze or
period to prision mayor in its minimum period shall be
destroy any object of veneration by the faithful that
imposed if, in consequence of torture, the victim shall
constitutes notoriously offensive.
have been ill or incapacitated for labor for mare than thirty
(30) days but not more than ninety (90) days. In the threatening whether or not is offensive to the
(g) The penalty of prision correccional in its minimum and feelings of the faithful the same must be view or judge
medium period shall be imposed if, in consequence of from the standpoint of the offended religion and not from
torture, the victim shall have been ill or incapacitated for the point of view of the offender.
labor for thirty (30) days or less.
(h) The penalty of arresto mayor shall be imposed for acts
constituting cruel, inhuman or degrading treatment or SECTION THREE—PROHIBITION,
punishment as defined in Section 5 of this Act. INTERRUPTION, AND DISSOLUTION OF
(i) The penalty of prision correccional shall be imposed PEACEFUL MEETINGS
upon those who establish, operate and maintain secret
detention places and/or effect or cause to effect solitary
confinement, incommunicado or other similar forms of Article 131. Prohibition, interruption and dissolution
prohibited detention as provided in Section 7 of this Act of peaceful meetings. - The penalty of prision
where torture may be carried out with impunity. correccional in its minimum period shall be imposed
(j) The penalty of arresto mayor shall be imposed upon upon any public officer or employee who, without
the responsible officers or personnel of the AFP, the PNP legal ground, shall prohibit or interrupt the holding of
and other law enforcement agencies for failure to perform a peaceful meeting, or shall dissolve the same.
his/her duty to maintain, submit or make available to the
public an updated list of detention centers and facilities The same penalty shall be imposed upon a public
with the corresponding data on the prisoners or detainees
officer or employee who shall hinder any person from
incarcerated or detained therein, pursuant to Section 7 of
this Act. joining any lawful association or from attending any
of its meetings.

There is no conviction yet under this law according to the The same penalty shall be imposed upon any public
study of Amnesty International. officer or employee who shall prohibit or hinder any
person from addressing, either alone or together with
others, any petition to the authorities for the
P.S (not discussed by Judge, she went straight to Art. 134) correction of abuses or redress of grievances.
Article 133. Offending the religious feelings—The penalty
of arresto mayor in its maximum period to prision There are three acts made punishable under Article
correccional in its minimum period shall be imposed upon 131, they are:
anyone who, in a place devoted to religious worship or
during the celebration of any religious ceremony shall
perform acts notoriously offensive to the feelings of the
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a. By prohibiting or by interrupting, without eventually dissolved. He should be a stranger


legal ground, the holding of a peaceful not a participant.
meeting, or by dissolving the same;
The important point is that the offender here under
b. By hindering any person from joining any article 131, the offender here who is a public officer
lawful association, or attending any of must be a stranger not a participant in the meeting
its meetings; that was so dissolved.
c. By prohibiting or hindering any person A meeting may be interrupted on legal ground, any
from addressing, either alone or together meeting for the purpose, like the meeting is no
with others, any petition to the authorities longer peaceful, the policemen can make intrusion
for the correction of abuses or redress of and yet they will not be liable because they have the
grievances. right to do it because the meeting is no longer
peaceful; there’s already violence. (ex. brawl) Can it
This right provided in the 131 is not absolute, it may
be stop? YES, it can be stopped and the one who
be regulated in order that it may not cause injury to
stop it cannot be liable under article 131.
its equal enjoyment by others having equal rights,
that covered regulate is justified under the police Ok, let’s take the case of Evangelista v.
power of the State. Now, as a matter of rule under Earnshaw, 57 Phil. 255, it is cited on your book.
Article 131, private individual cannot commit this
Evangelista is a member of Communist Party of
crime, only public officer can commit the crime of
the Philippines (CPP); he applied for a permit to the
prohibition.
Mayor of Manila. In the past, where they held rallies,
The second paragraph of the Article 131 deals on there is always violence, there is riot here riot there,
freedom to join or form association, while the third and so the Mayor did not issue the permit for them
paragraph of Article 131 deals on the freedom of to hold a rally. The Mayor then was sued and one of
assembly. Section 4 of Article 3 of 1987 the issue there was raised is on whether or not the
Constitution states: denial of the permit by the Mayor to hold a rally is a
violation of Article 131.
“No law shall be passed
abridging the freedom of speech, SC said NO. The denial of the permit was
of expression, or the press, or the based on a pattern. It was not peaceful in the
right of the people peaceably to past, it is not peaceful in the previous rallies
assemble and petition the and so therefore there is a basis to deny the
government for redress of issuance of the permit taking on the pattern.
grievances.”
Let us take the case of Primicias v. Fugoso, 80
Under article 131, policemen/public Phil. 71 (cited in the book, page 77 Reyes book)
officer/employees do not have the right to prevent a
The Nationalista party applied for a permit to hold
peaceful meeting. If they are going to prevent it,
an indignation rally at Plaza Miranda. And again the
they are liable under Article 131.
Mayor denied the permit to indignation rally at Plaza
Now, example, the municipal Mayor is presiding a Miranda.
meeting attended by vice mayor, sangguniang bayan
The SC said the fact “that there is a reasonable
members, punong barangays and the chief of police.
ground to believe, basing upon previous
When the councilor is speaking, the chief of police
utterances and upon the fact that passions
stood up and said: “the councillor should not proceed
remain bitter and high, that similar speeches
with his speech.” Thereafter, heated argument
will be delivered tending to undermine the
ensued. After the heated argument, then there is
faith and confidence of the people in their
disorder. The meeting was dissolved. Subsequently,
government and in the duly constituted
the chief of police was prosecuted under Article 131
authorities, which might threaten breaches of
first paragraph. The prosecution said that although
the peace and disruption of public order,” is
the accused did not prevent to hold the meeting in
not a legal ground for refusing the permit to
question but he interrupted the holding of the
hold a public meeting for the purpose of
meeting which within the meaning of Article 131.
petitioning the government for redress of
How the SC ruled in that matter? grievances by holding an “indignation rally.”
To justify suppression of free speech, there
The SC said NO, the chief of police did not violate
must be reasonable ground to believe that the
Article 131. In order therefore the make said
danger apprehended is imminent and that the
provision applicable, it is necessary that the
evil to be prevented is a serious one.
accused be a stranger not a participant of the
meeting that has been interrupted and Yes, in this case, there is a violation of article 131.

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The holding a rally needs a permit, the government Article 132. Interruption of religious worship. - The
may deny it; the government has the right forcedly penalty of prision correccional in its minimum period
to require a permit before gathering or holding of a shall be imposed upon any public officer or employee
rally can be made. Any meeting without a permit is who shall prevent or disturb the ceremonies or
for ceding? a violation of the law. That is being true; manifestations of any religion.
a meeting may prohibited, interrupted and dissolved
without violating article 131 of the Revised Penal If the crime shall have been committed with violence
Code. or threats, the penalty shall be prision correccional in
But the requirement of a permit shall be exercised its medium and maximum periods.
only by the government’s regulatory powers and not
really prevent peaceful assemblies as the public may There are two acts punishable under Article 132,
decide. these are:

If the permit is denied arbitrarily, that’s the 1. To prevent the holding of the ceremonies of
time they can say that there is a violation of any religion.
Article 131, if the permit is denied. The denial
should not be based on the whims and caprices of 2. To disturb ceremonies or manifestations.
the issuing authority; it should be base on justified Elements:
legal ground.
1. That the offender is a public officer or
In the cases mentioned above, the State exercised employee
the power to regulate a conduct of an assembly but
remember there are 2 criteria wherein Art 131 may 2. That religious ceremonies or manifestations
be violated. of any religion are about to take place or are
going on.
Now, in the beginning, let’s say, you were issued the
permit that you conduct a rally, in the beginning the 3. That the offender prevents or disturbs the
meeting or assembly was peaceful, in the long run, same.
the participants did illegal acts (nagtapon ng bato sa Now take note under this article, the offender is a
isa’t-isa) public officer or employee to prevent or disturb the
Question: Can it be stopped by policemen without ceremonies going on. If the ceremony is prevented
violating Article 131? or disturbed with the use of violence or threat, it will
qualify the crime, the penalty correspondingly raised,
Answer: YES. They can be stopped. The police this is a qualifying aggravating circumstance. Now,
officer or any enforcer can stop or dissolve the there is no provision of the law which requires
meeting because even if you have the permit--that religious services to be conducted in necessary form
permit is not a license for you to commit a crime (for or style.
another crime).
As I have said, person who meet for the purpose of
There are two criteria to determine whether religious worship by any method, by all means which
Article 131 would be violated: is not indecent or unlawful have the right to do so
(1) Dangerous tendency rule – applicable in without being molested. That’s the rule, any religious
times of national unrest such as to prevent method without being indecent or unlawful.
coup d’etat. In relation to this article, can you read the case of
(2) Clear and present danger rule – applied in Herman v. Barangan 135 SCRA 514
times of peace. Stricter rule.
Title Three
We have a third rule, the Balancing interest rule.
CRIMES AGAINST PUBLIC ORDER
These are matter should thoroughly discuss in your
Constitutional Law 2. Chapter One

By the way, in relation to Article 131, kindly read the REBELLION, SEDITION AND DISLOYALTY
following cases:
 Ruiz v. Gordon 126 SCRA 233 (en banc) Art. 134. Rebellion or insurrection; How
committed. — The crime of rebellion or insurrection
 Reyes v. Bagatsing 125 SCRA 123 (en banc)
is committed by rising publicly and taking arms
This is all about anti-bases coalition. against the Government for the purpose of
removing from the allegiance to said Government
SECTION FOUR.—CRIMES AGAINST or its laws, the territory of the Philippine Islands or
RELIGIOUS WORSHIP any part thereof, of any body of land, naval or
other armed forces, depriving the Chief Executive
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or the Legislature, wholly or partially, of any of and wants to declare COMVAL separate from the Republic
their powers or prerogatives. (As amended by R.A. of the Philippines. What is their crime?
6968)
ANS: They committed the crime of rebellion. They took
arms to uprise against the government and wanted to
Elements: declare their own territory. They were around 100 men
and thus, it met the for the crime of rebellion.
1. There is a public uprising and taking arms against
the government;
2. The purpose of the uprising or movement is – Ex: Thousands of armed men attacked the city hall of
Tagbilaran, Bohol. They occupied the city hall and
declared the Republic of Bohol. What crime did they
a. to remove from the allegiance to the commit?
government or its laws Philippine territory or ANS: They committed the crime of rebellion. They took
any part thereof, or any body of land, naval, arms and rose against the government when they
or other armed forces; declared independence from the Philippines.
or
b. to deprive the Chief Executive or Congress, EX: Capt. Hue led around 45 soldiers of the Philippine
wholly or partially, of any of their powers or Army occupied a hotel in Makati. Against the will and with
prerogatives. the force and intimidation to the food and beverage
The crime of rebellion is a crime of multitude; the crime of section, they occupied the maharlika room and foreced
rebellion cannot be committed by a single individual. It is them to serve them food and drinks. They faced to the
committed by several or multitude of persons for the media and aired out their sentiments against the
purpose of overthrowing the government. government and the administration of the Armed Forces.
They were arrested and charged of rebellion.
ANS: The charge was not correct. They only have 45
The nature of rebellion, according to the SC in People vs
men. They did not declare independence from the
Hernandez, evokes not merely a challenge to the
government or separate territory or deprived the president
constitutional authorities but also a civil war on a bigger or
to exercise his duty. The case should be grave coercion
lesser scale. The crime of rebellion can be committed
since they forced the manager of the beverage section to
through force and violence as enunciated in article 134.
derve them with food and drinks.
Remember that REBELLION IS A MASS MOVEMENT. It
This crime of rebellion is essentially a political crime where
must be committed by a multitude and it cannot be
the leaders have the intention to substitute themselves in
committed by an individual alone.
place of those who are in power. They take up arms to
GR: In the crime of rebellion, it does not require the overthrow the government. The method of placing
participation of the military. It can be committed even themselves is through force, violence and duress, this is
without a single shot being fired. No arm confrontation or what we call rebellion.
challenges are necessary. Armed public uprising is already
Now, take a look of the law the phrase “to remove
enough.
allegiance from the government” is used to emphasize that
Who are liable in the crime of rebellion? the object of the uprising could be limited to certain areas,
like isolating a barangay, or municipality, or a province in
1. any person who leads or heads the act of rebellion or
his loyalty to the duly constituted government of the
insurrection;
national government.
2. any person who participates in or induces others to
Ex: paying of revolutionary tax to the NPA and tax to the
participate in rebellion or insurrection.
government in some areas which are held by the reds, like
REBELLION Vs INSURRECTION in comval area. * story2x about JRAA experience*
Rebellion and Insurrection are not synonymous. Rebellion So in essence, there is lost of territory since the
is frequently used where the object is to completely government has no effective control of the area or
overthrow and supercede the existing government. baranggay.
While insurrection is more commonly employed in In a strict sense, the crime committed if the violence is in
reference to a movement which seeks merely to effect good in order to capture, like for example, violence is used
some change of minor importance or to prevent the to capture a military camp (usual doings of the NPAs) that
exercise of governmental authority with respect to constitutes also a form of violence, duress or force that is
particular matters or subjects. *story2x* IBUTANG SA always being employed by the New Peoples Army.
LUGAR ANG IMUNG PASSION KNOWING THAT YOU
Take note, the law of rebellion does not speak only
ARE A PUBLIC OFFICIAL ONCE YOU BECOME
“allegiance” or “lost of territory,” it also includes the war
LAWYERS
efforts of the rebel to deprive the president of the
Philippines of the exercise of his power to enforce the law,
to exact obedience of laws and regulations duly enacted
Ex: a group of hundred armend men attacked the
and promulgated by the duly constituted authorities.
provincial of COMVAL. They discharged the security guards
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Now, one aspect of the crime of rebellion which every Law rebellion knowing that this firearm was used by you in the
student must know is the peculiar characteristic of the furtherance of your act of rebellion?
crime of rebellion which is to absorb bigger, graver or
The SC in the case of Enrile v. Salazar said NO, it
more serious offenses in the manner of its execution; the
cannot; illegal possession of firearm is considered
manner by which it absorbs graver and more serious
as absorbed in the crime of rebellion.
crimes. This is the Principle of Absorption.
So if the question asked, what are the crime rebellion can
When you commit the crime of rebellion necessarily you
be complex with common crime or can it be complex with
commit common crimes like arson, robbery, like murder.
special laws, The SC had already ruled that there is no
Now, to place a municipality under the control of the
such crime. This was again reiterated when the SC rule in
rebels, they have to fight the forces of the government
the case of Enrile v. Amin,189 SCRA 573. It is
and in the encounter there can be a killing of police
absorbed in the crime of rebellion.
officers and civilians. In the force of execution of this
particular act to seize power necessarily common crimes By the way, what happen in the case of People v.
are committed by the rebels. Ordinarily, the crimes that Hernandez? Let’s have a revisit of what Hernandez
are enumerated are common crimes and punished as a Doctrine is all about.
separate offense, they are defined under Revised Penal
Amado Hernandez together with 14 other men
Code. Killings attended by the qualifying circumstances are
were indicted for the crime of rebellion with multiple
general classified, like murder, or a case of taking of
murder, arsons and robberies. The information against
personal property or personal things, that’s robbery under
them alleged that the accused being then officers and
article 294. However, the crimes herein enumerated were
members of the Congress and labour organizations
committed by the offenders in pursuant to the commission
cooperated with the religious activities of the Hukbong
of the crime of rebellion; the rule is they are considered as
Magpalaya ng Bayan and that necessary means to commit
absorbed in the crime of rebellion.
a crime of rebellion in connection therewith and
That comes to us the discussion of the case of People v. furtherance thereof, have committed acts of murder,
Hernandez, the Hernandez doctrine. Common rooting, plunder, arson, destruction of public and private
crimes are absorbed in the crime of rebellion. It property to create or spread hate, chaos, disorder, terror
cannot be considered as complex crime; there is no and fear; to facilitate the aforesaid purpose. On June of
complex crime of rebellion, rebellion complex with 1954, Hernandez filed with the SC of petition for bail which
robbery, rebellion complex with murder, or rebellion the prosecution opposed on the convention that
complex with arson, NO. Because what we have learned Hernandez is charged with and have been convicted of
under article 48, special complex crime will not apply rebellion complex with murder, arson, etc. for which the
because these common crimes are considered ingredient capital punishment may be imposed although they were
or element of the crime of rebellion; ingredients in the sentencing him to life imprisonment.
commission of the crime of rebellion.
The defense here is rebellion cannot be
Now, in People v. Hernandez, cited in your book, complexed with murder, arson or robbery. The ruling of
reported in 99 Phil. 515, the SC is that under the allegation to the amended
information against the appellant Hernandez, murders,
The SC said common crimes committed in
arsons, robberies described therein are mere ingredients
furtherance ofpolitical offense are considered acts of
of the crime of rebellion allegedly committed by the
rebellion. This ruling in effect prohibits the complexing of
defendants as mere necessary for perpetration of said
rebellion with any other offense committed on the
offense of rebellion. Therefore, the crime charged in the
occasion thereof either as a means necessary to its
information should be simple crime of rebellion not
commission or as an intended effect of the activity that
complex crime of rebellion with multiple murder, arsons
constitutes rebellion. And take note the ruling of
and robberies. In other words, common crimes
Hernandez was reiterated by the SC when they ruled the
perpetrated in furtherance of political offense are divested
case of Enrile v. Salazar, 186 SCRA 21.
of their carga? as a common offense and assumes political
The theory of absorption does not only refer to contention of the main crime of which they are mere
felonies/crimes punished under the Revised Penal Code; it ingredients and consequently cannot be punished
embraces the crimes/offenses punished under special law. separately from the principal offense or complex with the
So if the commission of the common crime, which was same. TAKE NOTE of that!
earlier discussed, to be an element of rebellion, special law
Let’s go to Enrile v. Salazar, what happened in the case
is likewise violated, like illegal possession of firearms under
of Enrile v. Salazar:
PD No. 1866 as amended by PD No. 8294, such offense is
also absorbed in the crime of rebellion. For example, you On February 27, 1990, Senate Juan Ponce Enrile, the
are a rebel (Commander Parago?), you are in the Senate Minority Floor Leader, was arrested on the strength
downtown area, and then the policemen saw you and of the warrant issued by Judge Jaime Salazar in a criminal
arrested you, of course, in the crime of rebellion. In the case. In the information of the criminal case charged
course of the arrest and you were searched, you are found Enrile together with Spouses Paniolilo? and Gregorio
in the possession of an unlicensed firearm. Honasan with murder and multiple frustrated murder
allegedly committed during the period of co-attempt from
Question: Can the prosecution charge you of the crime of
November 29 to December 10, 1990. Enrile was detained
rebellion complex with illegal possession of firearms. (The
without bail, hence, he filed a petition for Habeas Corpus
theory in the cases of Enrile v. Salazar) Can there be a
alleging the commanders that he had been deprived of his
complexing of illegal possession of firearms with that
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constitutional rights for being held to answer for a criminal considered as heinous crimes, and RA 7659, kidnapping
offense which does not exist in a statute hoops? This for ransom and rape with homicide are punished by death
Solicitor general defended the position of Enrile however in, you already know that, RA 9246, it prohibits
contending that Hernandez doctrine being invokes by the imposition the penalty of death, instead the penalty
Enrile will not apply in the case (opposed the contention of only of reclusion perpetua shall be imposed without the
Enrile); the facts are different, yours is different to that of eligibility of parole in lieu of the death penalty.
Hernandez. So, according to Solicitor General, we cannot
In RA 9372, there is such a thing a conspiracy to commit
invoke the Hernandez case because the information in the
terrorism in relation to rebellion; persons who conspire to
Hernandez case charged murders to have the common
commit the crime of terrorism shall be suffered the penalty
crimes committed as a necessary means for the
of 40 years of imprisonment. When do we say there is
commission of rebellion whereas the information against
conspiracy? There is conspiracy when two or more persons
Enrile charged murder and frustrated murder committed
come to an agreement concerning the commission of the
on the occasion but not in furtherance of rebellion. In
crime of terrorism, as defined in Section 3 thereof and
other words, he makes a distinction between a complex
decide to commit the crime, Section 4 of RA 9372.
crime arising from an offense being a necessary means for
committing another which the subject of Hernandez ruling Conspiracy to commit terrorism as a crime, there such
and a compound crime, delito compuesto, arising from the a thing now, conspiracy to commit terrorism, there is
civil acts constituting two or more grave or less grave already a crime as conspiracy to commit terrorism.
offenses would which the Hernandez ruling was not
concern of.
Is rebellion and insurrection the same?
So, how the SC ruled on the matter?
To answer the question to whether or not they are the
The SC said Hernandez ruling remains a binding
same, the answer is NO. They are not the same, they are
doctrine overrating to prohibit the complexing of rebellion
not synonymous. Now, is it necessary that the purpose of
with any other offense committed on the occasion thereof
rebellion be accomplished for it to be liable for the crime
illegal? as a means necessary to its commission or
of rebellion? The answer is NO. Because the crime is
unintended effect of activity that constitute rebellion. So
committed of a moment of group of men rise publicly and
that’s why the case of Enrile was dismissed. The Court
take up arms against the government. You know the
further rule that the information filed against Enrile does,
language of the phrases used in the law of rebellion, more
in fact, charged an offense disregarding the objectionable
or less, similar to phrases we have already done in the
phrasing that would complex rebellion with murder and
crime of treason.
multiple frustrated murders.
These are the case I want you to read, in relation to the
Doctrine of Absorption: Let’s now try to distinguish treason from rebellion.
1. Bailosis v. Chavez, 202 SCRA 405 In treason, it is a crime committed against the
security of the State; while in the crime of rebellion, it is
2. Office of Provincial Solicitor Of Zamboanga v. CA
crime committed against public order.
(December 2, 2000)
In treason, there is levying of war against the
3. Drilon v. CA (April 20, 2001)
government during wartime, in rebellion, there is levying
4. Trillanes v. Abaya (August 10, 2006) of war during peace time.
5. Ladlad v. Senior State Prosecutor (June 1, 2007) Treason can be committed by individual by
consolidated case adhering to the enemy by giving aid or comfort but
rebellion can only be committed by multitude of men.
6. Red Capunan v. CA (March 13, 2009)
In treason, the purpose is to deliver the
7. Fr. Robert Reyes v. CA (December 3, 2009)
government to enemy or pay it the way of the coming of
the enemy, but in rebellion; the purpose is to substitute
the existing government with another.
Rebellion or insurrection, there is new twist now
because of the passage of Republic Act No. 9372,
otherwise known Human Security Act of 2007 (approved:
Article 134-A. Coup d'etat; How committed. — The
March 6, 2007). You know, if person who commits an act
crime of coup d'etat is a swift attack accompanied by
punishable as rebellion or insurrection thereby showing
violence, intimidation, threat, strategy or stealth, directed
and creating condition of widespread and extraordinary
against duly constituted authorities of the Republic of the
fear and panic among the populace in order to coerce the
Philippines, or any military camp or installation,
government to give in to an unlawful demand shall be
communications network, public utilities or other facilities
guilty of the crime of terrorism, defined in Section 3 of RA
needed for the exercise and continued possession of
No. 9372.
power, singly or simultaneously carried out anywhere in
That is why they refer the NPA as communist- terrorist. the Philippines by any person or persons, belonging to the
military or police or holding any public office of
Terrorism is more severely punished than heinous crimes
employment with or without civilian support or
under RA 7659 now. Terrorism is punished by the penalty
participation for the purpose of seizing or diminishing state
of 40 years of imprisonment without the benefit of parole
power. (As amended by R.A. 6968)
as provided in Section 3 of RA No. 9372. Some offenses
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serious violence, exacting contributions or diverting public


funds for the lawful purpose purposely have been act
Means of committing coup d’etat:
incorporated. Hence, overt acts which used to be punished
by violence, intimidation, threat, strategy or stealth, as components of the crime of rebellion have been
directed against the government severed it from thereby 6968. Other authors would say
that because of the amendment, there is now no legal
Who commits coup d’etat:
impediment of applying article 48 in the crime of rebellion.
- only the military or police or public officer But to tell you honestly, even you will review the cases of
SC from the time it hold of Hernandez, there has been no
- those who advocates or give aid and finances to
ruling yet adopting the principles espouse by some authors
the commission of the crime of coup d’ etat.
that rebellion now can be complexed with common crimes.
Elements There has been no ruling yet, no ruling yet deal with the
matter.
1. Offender is a person or persons belonging to the
military or police or holding any public office or To reiterate, before article 135 was amended, 134 then
employment; 135, higher penalty is imposed when the offender engages
in war against the government. War connotes anything
2. It is committed by means of a swift attack
which be carried out in pursuant to be war; this implies
accompanied by violence, intimidation, threat,
that all acts of war or hostilities, like serious violence and
strategy or stealth;
destruction of property committed on occasion and in part
3. The attack is directed against the duly constituted of pursuance of rebellion are component crimes of
authorities of the Republic of the Philippines, or rebellion which is what article 48, complex crime, is not
any military camp or installation, communication applicable. In the amendment, some authors in criminal
networks, public utilities or other facilities needed law would say that because the amendment of article 135,
for the exercise and continued possession of because of the presence of article 134-A, and the
power; subsequent amendment of 135, the act is used to be
component crimes of rebellion like serious acts of violence
4. The purpose of the attack is to seize or diminish
have been deleted. That’s the idea espoused by some
state power.
authors; according to them, common crimes can now be
Now, when the SC ruled the case Enrile v. Salazar and complexed with the crime of rebellion, thereby overturning
Enrile v. Amin, during the time, there was yet no law of the doctrine laid down in Enrile v. Salazar and in the
coup d’etat. Meaning, Article 134 has not been amended People v. Hernandez. That’s their opinion. But I have
by RA 6968. When the SC ruled the case of Enrile v. said, there’s no ruling yet by the SC dealing in the matter.
Salazar and Enrile v. Amin, no yet on coup d’ etat,
How can we distinguish between Coup d’ etat and
meaning Article 134 was not yet amended that time. But,
Rebellion?
you have already read these cases; in the case of Enrile
v. Amin, the SC made a challenge to the Congress, and  Rebellion is committed by any person whether a
this is what SC said: private individual or a public officer, while Coup d’
etat the offender here is a member of military or
There is an apparent need to
police force or holding a public office or
restructure the law on rebellion either to
employment.
raise the penalty therefor or to clearly
define and delimit the other offenses to  In rebellion, the object is to alienate the
be considered absorb thereby so that it allegiance of the people in a territory, whether
cannot be conveniently utilized as the wholly or partially; while in Coup d’ etat the
umbrella for every sort of illegal activity object is to concede or diminish state power.
undertaken its name. The court has no
 In both instances, the offenders intend to
powerful effect such change for it can
substitutes themselves in place of those who are
only interpret the law as it stands at any
in power.
given time and what is needed lies to be
an interpretation. Hopefully, hopefully, Characteristics of Coup d’etat:
Congress will perceive the need for
1. it is a swift attack upon the facilities of the
prompt in seizing the initiative in this
government
matter with this purely cockiness
profits. 2. it maybe committed singlely or it may be committed
collectively
Because after the challenge, that’s the reason why the
Congress passed the law on Coup d’ etat because of the 3. the objective may not be to overthrow the
challenge given by the SC when it ruled the case of Enrile government but to distablize or paralyze the
v. Amin. Now, Congress took notice of this government or through seizure of government
pronouncement, thus, enacted the RA 6968, it did not only installation and facilities
provide for the crime coup d’ etat under RPC but moreover
4. the principal offenders in coup d’ etat are members of
deleted from the provision of article 135 that portion
the Armed Forces of the Philippines or of the
referring to those “who are holding any public office or
Philippine National Police
employment takes part therein engaging the war against
constituted government, destroying property or committed
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5. it maybe carried out without violence but by But not limited


intimidation, threat, strategy and stealth. to PNP or
members of the
EX: at the break of dawn, two platoons of the marines
Army
attacked ABS- CBN and forcible took over its management.
They controlled the broadcast media and aired their Seize or Alienate allegiance
grievance against the military and the government. What diminish state of the people within
crime did they commit? power; the territory
Objective whether wholly or
ANS: they committed the crime of coupd’etat. It is
partially from duly
because they swiftly attacked a communication center
constituted
which caused to distablize the existing government.
government;
Now, let us try to make a distinction between
rebellion and subversion. The law on Subversion is
made punishable under RA 1700, but RA 1700 has already Intends to substitute themselves in
been repealed when Cory Aquino came into power. Before, place of those who are in power
when you are a member of a group like CPP automatically
you are subversive and you are criminally liable, or you are
a member of NDF, you are already criminally liable Republic Act 6968
because of RA 1700 but because of the repeal, your
membership of the NDF, or your membership now with - enacted: October 1990
the CPP does not make you criminal offender for the - prior to enactment of this law we don’t have any
purpose. law regarding coup de etat
Now, let us try to make a distinction between the two. - bloodiest coup: 1989, no law yet about it
 The crime of rebellion is committed by rising - not just a special law; it is incorporated in the RPC
publicly and taking up arms against the thus we have 134-A; it is considered a felony,
government for any of the purposes under article not just an offense or crime
134 of the RPC. Subversion punishes affiliation
or membership in a subversive organization (your - do not forget: crimes are those punished in special
membership alone will make you liable as a laws while felonies (and crimes) are those
subversive) punished under the RPC

 Subversion, like treason, is a crime against - now mala in se


national security, where rebellion is a crime Distictions Rebellion Subversion (RA
against public order. 1700 already
 Rising publicly and taking arms against been repealed by
government is the very element of the crime of 7636)
rebellion; whereas in subversion, under RA Rising publicly Punishes
1700, this was enacted to outlaw the Communist and taking up membership or
Party of the Philippines, other assailed allegations Acts
arms against affiliation to
and their successors (because their existence of punished
the government subversive
activities constitute a clear crescent and grave for any of those organization
danger to national security) purposes defined in the same
 Rebellion makes use of force and violence; numerated law e.g. CPP
whereas subversive acts do not constitute force under Art. 134 (Communist Party
and violence but may partake other forms as well. of Philippines)
However, take note because of the passage of RA 7636, Nature Crime against Crime against
the law on Subversion has been repealed, meaning it has National Public Order
become decriminalized. Security just
like Treason
Article 134-A. Coup De Etat
Rising publicly Enacted to outlaw
Distictition Coup (RA Rebellion
and taking up the communist
s 6968) Purpose
arms against party and other
Only public Any person, private the government similar institutions
officers or individual or public in the very and its successors
employee of the officer element of this
government crime
with or without
Offender Other Makes use of Not just force and
civilian help;
distinction force and violence
Member of s violence (subversive acts)
military or police but may partake
force; other forms as well

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places and acts but the offender is liable only of one crime
of rebellion.
Article 135.Penalty for rebellion, insurrection or coup
d'etat. - Any person who promotes, maintains, or heads Assuming that a municipal treasurer supports rebellion by
rebellion or insurrection shall suffer the penalty of using municipal funds to finance rebellion and he did this
reclusion perpetua. on several occassions. In such a case, he will only be liable
of the crime of rebellion.
Any person merely participating or executing the
Rebellion is a continuing crime (akin to single larsiny
commands of others in a rebellion shall suffer the penalty
doctrine)
of reclusion temporal.
Continuing crime – offender performs series of acts and
Any person who leads or in any manner directs or same will be done in separate time, dates, places and yet
commands others to undertake a coup d'etat shall suffer the offender will only be liable for 1 crime
the penalty of reclusion perpetua.
Assuming you are a municipal treasurer and for several
Any person in the government service who participates, or
occasions you took money from government and gave it to
executes directions or commands of others in undertaking
rebels because you are a supporter, for 5 times you
a coup d'etat shall suffer the penalty of prision mayor in its
delivered money from the government which you hold in
maximum period.
trust as municipal treasurer, QUESTION: How many crimes
of rebellion have you committed as treasurer? ANSWER:
Any person not in the government service who
Only one. WHY: because there is only 1 criminal intent, it
participates, or in any manner supports, finances, abets or
is a continuing offense. You cannot divide the criminal
aids in undertaking a coup d'etat shall suffer the penalty of
intent on the 1st delivery, 2nd delivery, etc.
reclusion temporal in its maximum period.
When the rebellion, insurrection, or coup d'etat shall be Take note that in the above situation, it must be
under the command of unknown leaders, any person who established that your motive of delivering these funds to
in fact directed the others, spoke for them, signed receipts the rebels is for the purpose of, in furtherance of, in the
and other documents issued in their name, as performed occasion of rebellion, or you adhere to them because you
similar acts, on behalf or the rebels shall be deemed a support them. But assuming that you do not have such
leader of such a rebellion, insurrection, or coup d'etat. (As purpose, and you merely divested those public funds 5
amended by R.A. 6968, approved on October 24, 1990). times… Assuming that it’s not proved that the money was
delivered for political purposes, then the crime committed
is Malversation of Public Funds. How many counts? As
Liability is higher if you are the leader – Reclusion many times as you diverted the money.
Perpetua
CASES:
If only soldiers or pawns – Reclusion Temporal only
In order to make out a case of rebellion, what
Who are liable for rebellion, insurrection and/ or coup motivation for the killing of the victim must be
d’etat? shown?
A. the leaders- Principle laid down in Pp. v. Umpad: Merely because it is
i. any person who (a) promotes, (b) maintains, (c) alleged in the affidavit that private respondents were
heads a rebellion or insurrection; members of the CBP-NPA who engaged government
troops in a firefight resulting in the death of the
ii. any person who (a) leads, (b) directs or (c) government trooper and wounding 4 others does not
comands others to undertake a coup d’etat. necessarily mean that the killing and wounding of the
B. The participants- victims were made in furtherance of rebellion. Even it was
shown that the accused was an NPA commander, he was
1. any person who:
nonetheless convicted of murder for the killing of a
(a) participates, or government informer.
(b) executes the commands of others in rebellion Rebellion is seldom made out in court by prosecution.
or insurrection; Rebellion penalty as participant, one of the men, is RT
only. They file murder instead, or robbery with homicide.
2. any person in the government service who:
The court can’t direct the prosecutor to file rebellion.
(a) participates, *story about cases *
(b) supports, Remember, it is the prosecutor who has the option what
crime to file.
(c) finances,
Same was reiterated in Office of the Provincial
(d) abets or
Prosecutor of Zamboanga v. CA, Dec 2000.
(e) aids in undertaking a coup d’etat Prosecution filed illegal possession of high-powered
firearms as the penalty there is higher. Respondents
contend: You should file rebellion because we are rebels!
It is also important to take note in the discussion of SC: It is up to you in trial to prove that you possessed
rebellion is that it is a continuing offense. Here the those firearms in furtherance, in consonance, in pursuance
offender performs series of acts even on separate days, of rebellion. But as of now, it is clear you have violated

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that law on illegal firearms. What case to file against you ISSUE: WON RTC acted with grave abuse of discretion.
is in the province of the prosecutor or fiscal. YES
When a criminal act has elements common to more than 1
HELD: SC said there is no merit in petitioners’ argument.
offence, who has the option to choose on what case to
The RTC in making such declaration practically amended
file? Discretion of the PUBLIC PROSECUTION, on the basis
the law.
of the evidences at hand. This is in Baynosis v. Chavez.
They must charge the lesser offense. Those cases filed in the court martial shall not be
considered as absorbed in the crime o coup d’ etat.
Enrile case: Obstruction of Justice and Rebellion can’t be
complexed.
Let’s take the case of: Article 136.Conspiracy and proposal to commit coup
d'etat, rebellion or insurrection. - The conspiracy and
proposal to commit coup d'etat shall be punished by
Trillanes et al vs Abaya prision mayor in minimum period and a fine which shall
Facts: On July 26, 2003, PGMA received reports that not exceed eight thousand pesos (P8,000.00).
some members of the AFP with high powered weapons The conspiracy and proposal to commit rebellion or
have abandoned their designated places of assignment. insurrection shall be punished respectively, by prision
Their aim was to destabilize the gov’t. The president then, correccional in its maximum period and a fine which shall
ordered the AFP to try to arrest them. On July, 27, 2003, not exceed five thousand pesos (P5,000.00) and by prision
at around 1 am, more than 300 heavily armed junior correccional in its medium period and a fine not exceeding
officers and enlisted men of the AFP, mostly from the elite two thousand pesos (P2,000.00). (As amended by R.A.
units of scout rangers and special warfare group entered 6968, approved October 24, 1990).
the premises of Oakwood Premiere Apartments at Makati.
They disarmed the security guards and planted explosive
devices around it. Article 137.Disloyalty of public officers or employees. -
Led by Lt. Trillanes, the troops with red emblem of the The penalty of prision correccional in its minimum period
Magdalo Katipuann Group, through broadcast media shall be imposed upon public officers or employees who
announced their grievances against the Gov’t Arroyo such have failed to resist a rebellion by all the means in their
as the graft and corruption in the military, the illegals sale power, or shall continue to discharge the duties of their
of arms and ammunitions to enemies of the state and the offices under the control of the rebels or shall accept
bombings in Davao City intended to acquire assistance appointment to office under them. (Reinstated by E.O. No.
from the US Gov’t. They declared their withdrawal of 187).
support from the commander in chief and demanded that
she resign from her post. They also demanded the Offender is a public officer or employee who:
resignation of her cabinet members.
- fails to resist rebellion by all means and power
At around noontime on the same day, Pres. Arroyo - continue to discharge their duty and offices under
declared a state of rebellion. Directed the AFP and PNP to the control of the rebels
take all measures to suppress the rebellion taking place in
Makati City. She ordered the soldiers to surrender their - accept appointments under them
weapons. She sent negotiators. The aim was to persuade The law speaks only of Rebellion but I BELIEVE that coup
them to peacefully return to their posts. After several de etat should also be included in this provision.
hours of negotiation, the government panel convinced
them to surrender. Eventually, they returned to their In defining disloyalty as a crime, it limits only to public
barrack. A total of 321 soldiers surrendered. officers and employees who, during such rebellion failed to
The NBI was tasked to investigate the matter. The NBI prevent it, when the same has the power or within their
recommended the filing of the crime of coup d’ etat. The means to prevent it.
DOJ was directed to the filing of information against them. This law was amended not to refine rebellion but to
Meanwhile, a case was filed against them in the court include another form of overthrowing the government
martial pursuant to Article 70 of the articles of war. which is coup d’etat.

Respondent Abaya, then AFP chief of staff ordered the The primary distinction between rebellion and coup d’etat
arrest and detention of the soldiers involved in the is that the latter is committed by persons belonging to the
Oakwood Mutiny. Now, in the succeeding days, the DOJ military or police establishment or public officers with or
filed in the TC of Makati a case for coup d’ etat. So, there without civilian support, for the purpose of seizing or
are now two charges pending in the RTC of Makati. diminishing state power. This is the reason why we have
Art. 134- A which provides the modalities on how coup
What the lawyers of Trillanes did was to ask the court to d’etat is committed.
declare the charges filed against them filed before the Disloyality as a crime is not limited to rebellion alone but
court martial are the necessary included in the coup d’ etat should not include the crime of coup d’ etat. Rebellion is
charge. What the RTC judge did was to consider that the essentially commmitted by any people but coup d’etat is
case filed before the martial was not services connected committed by publc officers just like malversation etc.
and therefore absorbe in the crime of coup d’ etat.

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In defining disloyalty as a crime, it limits to public officers tumultuously in order to attain by force, intimidation, or by
or employees who during rebellion which includes coup other means outside of legal methods, any of the following
d’etat fail to prevent crimes which should be within their objects:
means or power to prevent or who continue to perform 1. To prevent the promulgation or execution of any law or
their duties in office under the authority of the rebels. the holding of any popular election;
2. To prevent the National Government, or any provincial
It should be stressed that if the public officer commit acts
or municipal government or any public officer thereof from
which are being disloyal, does or commits acts constituting
freely exercising its or his functions, or prevent the
the acts of rebellion or coup d’etat, he shall not be
execution of any administrative order;
prosecuted by simple disloyalty but should be charged of
3. To inflict any act of hate or revenge upon the person or
the graver offense of rebellion or coup d’etat.
property of any public officer or employee;
Article 138.Inciting a rebellion or insurrection. - The 4. To commit, for any political or social end, any act of
penalty of prision mayor in its minimum period shall be hate or revenge against private persons or any social
imposed upon any person who, without taking arms or class; and
being in open hostility against the Government, shall incite 5. To despoil, for any political or social end, any person,
others to the execution of any of the acts specified in municipality or province, or the National Government (or
article 134 of this Code, by means of speeches, the Government of the United States), of all its property or
proclamations, writings, emblems, banners or other any part thereof.
representations tending to the same end. (Reinstated by
Elements:
E.O. No. 187).
1. that the offenders rise (1) publicly and (2)
tumultuously
Elements:
2. that they employ force, intimidation, or other
1. that the offender does not take up arms or is not
means outside of legal methods;
in open hostility against the government;
3. thath te offender employ any of those means to
2. that he incites others to the execution of any of
attain any of the following objectives:
the acts of rebellion.
a. to prevent the promulgation or execution of
Here, the offender DOES NOT take arms
any lae or the holfing of any popular election;
- Incites others to rebellion through speeches,
b. to prevent the National Government or any
emblems, writings, etc
provincial or municipal government, or any
The intellectual or emotional sympathies harboured by public officer tjereof from freely exercising its
offender in favor of rebels are not a crime per se. Unless! or his functions, or prevent the execution of
You do specific acts which now will be in the realm of any administrative order;
criminal law.
c. to inflict any act of hate or revenge upon the
Adherence to the enemies of the state, their beliefs and person or property of any public officer or
idealism, principles and objectives – freedom of thought is employee;
not punishable. It is outside the realm of crim law. BUT for
d. to commit, for any political or social end, any
crimes like rebellion, because of public safety, justified by
acts of hate or revenge against private
police power, when you advocate the commission of
persons or any social class, and
rebellion by inciting others to rise publicly and to take up
arms against government, SUCH ACTUATION is e. to despoil, for any political or social end, any
considered a crime. person, municipality or province, or the
National Government or all its property or any
Overt acts made punishable here is the inciting of others
part thereof.
to overthrow the government. If you maintain and lead
rebels and at the SAME TIME incites others to rebellion,
you are not guilty here, but guilty of rebellion itself.
- Lesser crime of rebellion
Inciting will be absorbed. These two crimes therefore
cannot coexist because one is absorbed. - Committed by rising publicly and tumultuous
(should be both!)
Inciting to rebelllion Proposal to commit
rebellion - Art. 251 defines “tumultuous”- Disturbance
becomes tumultuous when more than 3 armed
Offender induces another to commit rebellion
malefactors participate in creating disturbance and
Not required that the Person who proposes provides violence; Armed does not mean arms,
offender has decided to decides to commit the but as long as violent
commit rebellion rebellion
- Demos and rallies to protest is ok, but if it
Done publicly; radios and Secret becomes violent and tumutltuous, that’s the time
mics when sedition comes in
- Object of sedition may also be political
Article 139.Sedition; How committed. - The crime of - it is a limit of freedom of expression
sedition is committed by persons who rise publicly and
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Sedition Rebellion
Directed against the Uprising is directed Conspiracy must be to prevent the promulgation or
execution of a law, against the government; execution of any law, executive order or holding of any
admin order or a to withdraw allegiance popular election; or may be to prevent local or national
performance of a govt from govt, etc; public officials from freely exercising their duties said
official of his function or functions.
Invariably a political
holding of an election
crime Article 142.Inciting to sedition. - The penalty of prision
correccional in its maximum period and a fine not
Necessarily tumultuous
exceeding 2,000 pesos shall be imposed upon any person
Common crimes may Principle of absorption who, without taking any direct part in the crime of
apply together with it; applies sedition, should incite others to the accomplishment of any
There may be other of the acts which constitute sedition, by means of
charges vis a vis sedition speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same
end, or upon any person or persons who shall utter
COMMON CRIMES are not absorbed in sedition. seditious words or speeches, write, publish, or circulate
scurrilous libels against the (Government of the United
States or the Government of the Commonwealth of the
Article 140.Penalty for sedition. - The leader of a sedition Philippines) or any of the duly constituted authorities
shall suffer the penalty of prision mayor in its minimum thereof, or which tend to disturb or obstruct any lawful
period and a fine not exceeding 10,000 pesos. officer in executing the functions of his office, or which
Other persons participating therein shall suffer the penalty tend to instigate others to cabal and meet together for
of prision correccional in its maximum period and a fine unlawful purposes, or which suggest or incite rebellious
not exceeding 5,000 pesos. (Reinstated by E.O. No. 187). conspiracies or riots, or which lead or tend to stir up the
people against the lawful authorities or to disturb the
peace of the community, the safety and order of the
CASES: Government, or who shall knowingly conceal such evil
Pp. v Umali – Umali was incumbent congressman who practices. (Reinstated by E.O. No. 187).
ran for reelection with Marshall Punzalan as lone
opponent. Sensing he will lose, he asked a political leader Elements
Pasumbal to contact a revolutionary leader Abeng. Eve of
election Abengagrred to kill Marshall Punzalan.50 of - offender does not take part; not a participant to
Abeng’s men with high-powered firearms, committed any public uprising.
common crimes like murder, arson and physical injuries - incite others
while looking for Punzalan.
- done by means of speeches, etc
The objective was only to inflict damage to the person or
property of a public official and the same was done by This is more or less co-related to bill of rights. This is
force or intimidation. It is only sedition because it only basically to curtail our freedom of expression. (We can
against 1 particular public officer! Public uprising was not connect this to libel, which we will discuss later.) More
against the govt for the purpose of removing allegiance or often collides with constitutional right of people to freely
removing chief executive. express their views in matters of public concerns. Imagine
during the Spanish regime, Rizal was charged with
Pp v. Tahil – Constabulary solders retreated in arrest of INCITING TO SEDITION. This was the crime he allegedly
DatuTahil and failed because his men surrounded them; committed. This provision should be dealt with dangerous
Resisted by means of force thus it is sedition tendency rule and the clear and present danger rule which
Pp v. Cabrera – inflict act of hate and revenge upon you will discuss more in Consti II.
public officers; Phil. Constrabulary (PC) vs. Police force, PC The person liable of inciting to sedition must not be a
member was arrested by policemen (outrage). After that, participant to any public uprising. The reason is simple. If
PC took revenge because of the death of their comrade. he is a participant so he is already committing sedition.
Many has died thus it is seditious Remember that if the offender has one criminal intent he
Pp v. Lacos – commit for any political hate or revenge must be charged of that same crime.
against any private person or political class; farm laborers
vs. loan sharks; laonsharks require children of farm
laborers to work for them as payment; seditious because What are the ways of committing inciting to sedition?
they committed acts for hate or revenge tending for
-speeches, proclamations, writings, emblems,
political ends
cartoons, banners, or other representations tending
Purpose of sedition must be known. to the same end,
Article 141.Conspiracy to commit sedition. - Persons
conspiring to commit the crime of sedition shall be Chapter TwoCRIMES AGAINST POPULAR
punished by prision correccional in its medium period and REPRESENTATION
a fine not exceeding 2,000 pesos. (Reinstated by E.O. No.
187) Section One. - Crimes against legislative bodies and
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similar bodies or divisions thereof, from expressing his opinions or


casting his vote; and the penalty of prision correccional
shall be imposed upon any public officer or employee who
Article 143.Act tending to prevent the meeting of the
shall, while the Assembly (Congress) is in regular or
Assembly and similar bodies. - The penalty of prision
special session, arrest or search any member thereof,
correccional or a fine ranging from 200 to 2,000 pesos, or
except in case such member has committed a crime
both, shall be imposed upon any person who, by force or
punishable under this Code by a penalty higher than
fraud, prevents the meeting of the National Assembly
prision mayor.
(Congress of the Philippines) or of any of its committees or
subcommittees, constitutional commissions or committees
or divisions thereof, or of any provincial board or city or Elements:
municipal council or board. (Reinstated by E.O. No. 187).

FIRST WAY:
Elements
- there is a projected or actual congress meeting or
- any person who shall use force, intimidation,
any of its committees; or of any provincial board threats, or fraud
of city or municipal council board - to prevent any member of the National
- offender who may be any person prevents such by Assembly (Congress of the Philippines)
force or fraud
o from attending the meetings of the
Crime is against popular representation because it is Assembly (Congress) or of any of its
directed to officers whose primary function is to meet and committees or subcommittees,
enact laws. constitutional commissions or
Legislative bodies: committees or divisions thereof, from
expressing his opinions or casting his
 National – congress
vote; Offender is any person.
 Provincial level – Provincial board
SECOND WAY:
 Towns or municipalities – Municipal council/ City
councils - any public officer or employee who shall,
 Brgy level – Brgy council - while the Assembly (Congress) is in regular or
special session,
When these are prevented from meeting and performing
their duties, the system of government is therefore - arrest or search any member thereof,
disturbed. Significantly, what is emphasized is the LEGIS
branch for in theory it holds the force of government.
If example: Executive department will do the preventing, Except in case such member has committed a
then this provision is violated. Manifests the 3 branches of crime punishable under this Code
the check and balance of our government. Exec cannot If the congressman has NOT committed any crime but was
encroach legislative power from enacting specific laws etc. prevented from attending meetings of the assembly so
Article 144.Disturbance of proceedings. - The penalty of that he cannot 1) express his opinion or 2) cast his vote…
arresto mayor or a fine from 200 to 1,000 pesos shall be the use of intimidation or threat for such purposes is held
imposed upon any person who disturbs the meetings of liable for violation of Parliamentary Immunity.
the National Assembly (Congress of the Philippines) or of Offender- any person
any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or of any Offended party- congressman
provincial board or city or municipal council or board, or in If a congressman commits a crime:
the presence of any such bodies should behave in such
manner as to interrupt its proceedings or to impair the Penalty is PC - cannot implement warrant of arrest
respect due it. (Reinstated by E.O. No. 187). while Congress is in session
Penalty is above or beyond PC (eg. plunder which
When you go to Congress to attend and listen, be sure is RP) – arrest is ok
you behave well. You must not display acts tending to If you arrest a congressman but penalty of the crime is PC
disrespect the Congress. and below, then you violate this provision, violation of
Section Two. - Violation of parliamentary immunity Parliamentary Immunity (Section 11, Art. VI, Constitution).
Article 145.Violation of parliamentary immunity. - The CASES:
penalty of prision mayor shall be imposed upon any
person who shall use force, intimidation, threats, or fraud Manuel Martinez v. Jesus Morfe, 1972 – please read.
to prevent any member of the National Assembly Chapter ThreeILLEGAL ASSEMBLIES AND
(Congress of the Philippines) from attending the meetings ASSOCIATIONS
of the Assembly (Congress) or of any of its committees or
subcommittees, constitutional commissions or committees Article 146.Illegal assemblies. - The penalty of prision
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correccional in its maximum period to prision mayor in its associations shall suffer the penalty of arresto mayor.
medium period shall be imposed upon the organizers or (Reinstated by E.O. No. 187).
leaders of any meeting attended by armed persons for the
purpose of committing any of the crimes punishable under
this Code, or of any meeting in which the audience is SEC registration is not needed.
incited to the commission of the crime of treason, rebellion
or insurrection, sedition or assault upon a person in What are illegal associations?
authority or his agents. Persons merely present at such
meeting shall suffer the penalty of arresto mayor, unless 1. Associations totally or partially organized for the
they are armed, in which case the penalty shall be prision purpose of committing any of the crimes punishable
correccional. under the Code.
2. Associations totally or partially organized for some
If any person present at the meeting carries an unlicensed purpose contrary to public morals. (ex. Pedophiles
firearm, it shall be presumed that the purpose of said
Association)
meeting, insofar as he is concerned, is to commit acts
punishable under this Code, and he shall be considered a
PERSONS LIABLE:
leader or organizer of the meeting within the purview of
the preceding paragraph.
1. founders, directors and presidents of the associations
As used in this article, the word "meeting" shall be
2. mere members of the association
understood to include a gathering or group, whether in a
fixed place or moving. (Reinstated by E.O. No. 187).
Illegal assembly Illegal association
Necessary that there is Not necessary that there be
actual meeting ot assembly an actual meeting
2 kinds:
of armed persons for the
a. meeting attended by armed persons for the purpose of committing any
purpose of committing any crime punishable under of the crimes punishable
RPC under the Code, or of
individuals who, although
b. meeting in which audience is incited to commit
not armed, are incited to
crimes of treason, rebellion, sedition or
the commission of treason,
insurrection or assault of persons in authority or
rebellion, sedition or assault
his agents
upon a person in authority
Persons liable are: or his agent
Meeting and the attendance It is the act if forming or
1. Organizers or leaders
at such meeting that are organizing and membership
2. Persons merely attending but with common intent punished in the association that are
to commit illegal assembly punished
Now if you carry a firearm and you are there, law makes The persons liable: 1. The persons liable: 1. The
presumption that you are a LEADER Organizers or leaders of the founders, directors and
meeting; president
If you carry an unlicensed firearms there is a presumption 2. persons present at 2. members
is to commit crimes under RPC and at the same time you meeting
are presumed as a LEADER or organizer Of course, SEC will not register it! Because your purpose is
Gravamen of the offence: Merely assembly of or not valid and legal.
gathering of people punishable under RPC so if it covered
by special law then it is not punishable here. Without Article 148. Direct assaults. - Any person or persons
gathering, there is no illegal assembly. who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purpose
So if ang magtapok kay mga drug pushers para enumerated in defining the crimes of rebellion and
magdistribute ug drugs, they cannot be charged of illegal sedition, or shall attack, employ force, or seriously
assembly because the purpose is not for the offense intimidate or resist any person in authority or any of his
punishable under the RPC but the Dangerous Drugs Act. agents, while engaged in the performance of official
If magtapok mo tapos you plan to incite sedition, then you duties, or on occasion of such performance, shall suffer
can be charged of illegal assemblies. the penalty of prision correccional in its medium and
maximum periods and a fine not exceeding P1,000 pesos,
when the assault is committed with a weapon or when the
Article 147.Illegal associations. - The penalty of prision offender is a public officer or employee, or when the
correccional in its minimum and medium periods and a offender lays hands upon a person in authority. If none of
fine not exceeding 1,000 pesos shall be imposed upon the these circumstances be present, the penalty of prision
founders, directors, and presidents of associations totally correccional in its minimum period and a fine not
or partially organized for the purpose of committing any of exceeding P500 pesos shall be imposed.
the crimes punishable under this Code or for some
purpose contrary to public morals. Mere members of said
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4) That the offender knows that the one he is assaulting


is a person in authority or his agent in the exercise of
This crime is very familiar to you. This was what happened his duties;
to the traffic enforcer who was being attacked in the
5) That there is no public uprising.
performance of his functions and duties (This was some
kind of a news and I can't seem to get the name of that Remember that the person who assaulted knows that the
traffic enforcer despite raping the replay button. Sorry.) person assaulted is a person in authority or his agent. This
is only logical since the assault is committed in 4 ways.
How is direct assault committed?
How? By attacking, by employing force, by seriously
There are 2 ways to commit the crime of direct intimidating, or by seriously resisting a person in authority
assault. (PA) or an agent of a person in authority (APA).
Apparently, the crime of direct assault can only be
1) By employing violence or force for purpose of attaining
committed by means of dolo. It cannot be committed by
any of the purposes of rebellion or sedition except that the
means of culpa or negligence.
offenders are not numerous enough to constitute public
uprising. Hence, it is called rebellion by a handful of Actual performances proceed to actual performance of the
people. The offended party here may not be a public duty by a person in authority. So while engaged in the
officer but may be a certain social class. performance of a duty, a person in authority or his agent
is being attacked.
2) By attacking or laying hands upon a person in authority
or an agent of a person in authority.
Elements of the 1st form of direct assault: Q: Mayor Batistis was conducting a meeting with barangay
officials regarding the dissemination and implementation
1) That the offender employs force and intimidation;
of the law that prohibits the selling of liquor to minors. X,
2) That the aim of the offender is to attain any of the a store owner and defiant of the law stabbed the Mayor as
purposes of the crime of rebellion or any of the a result. What crime did X commit?
objects in the crime of sedition; and
A. He committed a complex crime of Homicide with
3) That there is no public uprising. Direct Assault upon a person in authority. He
committed homicide by stabbing the mayor to death. He
Example(s):
also committed direct assault upon a person in authority
X is a sugarcane planter in Hacienda Luisita, he nurtured a because he attacked the mayor while he was engaged in
grudge and ill-feeling against Don Simeon, the owner of the performance of his duty. Considering, however, that
the hacienda, because the latter have not been giving his the two crimes were committed by the performance of a
workers their due share and benefits. X attacked Don single act that of stabbing the mayor a complex crime
Simeon with fist blows and kick blows. What crime did X under the _ of Art. 48 is brought about. A single act
commit? resulted to one grave felony – Homicide and another less
grave felony – Direct Assault, two crimes cannot be
A. The crime committed is DIRECT ASSAULT under the
separately filed.
first form. Without a public uprising, he attacked and
employed force against a private person for a social end
this is the object of sedition. Had there been no public
Q: BA is the Secretary of Budget and Management. He
uprising the crime committed is direct assault.
was invited to speak in a forum hosted by the UP – School
We will not deal so much on the first manner. We will deal of Economics regarding proposed budget. When he was
more on the second type. That is, by attacking or laying about to leave after the forum, one student was able to
hands upon a person in authority or an agent of a person pull his collar and the others pounded on his vehicle. What
in authority. In relation to this, kindly read the case of is the criminal liability of the students?
People vs Abalos (January 08, 1996).
A. The student who pulled the collar is liable for direct
Take note that the 2nd mode of committing the crime of assault if there is any intent to defy his authority. He aims
direct assault is aggravated when there is a weapon the person in authority being the Secretary of DBM. He
employed in the attack or the offender himself is a public was attacked on the fact of performance of his duties.
officer or the offender lays hands upon a public authority.
Elements of the 2nd form of direct assault:
1) That the offender (a) makes an attack, (b) employs
Q: SPO Tolines was pacified a protagonist A and B instead
force, (c) makes a serious intimidation, or (d) makes a
of being pacified, A vented his ire upon the policeman and
serious resistance;
attacks the latter. What crime did A commit?
2) That the person assaulted is a person in authority or
A. A committed Direct Assault upon an agent of a person
his agent;
in authority. He attacked the policeman while the latter
3) That at the time of the assault the person in authority was engaged in the performance of his duties.
or his agent (a) is engaged in the actual performance
“By reason of past performance of duty”
of official duties, or that he is assaulted, (b) by reason
of the past performance of official duties;

51
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Q: Eg. Judge Lamar found X guilty of the crime of Robbery agents of persons in authority only. However, because we
and sentenced him to suffer imprisonment. After serving now have Section 388 of the LGC which provides:
the sentence imposed, X was released from prison. One
"For purposes of the RPC, the pinong barangay,
day, he met Judge Lamar, X remembered that the judge
sangguniang barangay members, and members of
convicted him and sent him to prison. X attacked the
the Lupong Tagapamayapa in each barangay shall
judge by boxing him on different parts of his body. What
be deemed as persons in authority in their
crime or crimes did X commit?
jurisdiction."
A. X committed Direct Assault upon a person in authority.
He attacked the judge by reason of his past performance.
That was the ruling of the SC in the case of Pp vs Sion
(August 1997). Take note that the offended party in
direct assault must not be the aggressor. If there is an
Q: How about if Judge Lamar has already retired at the
unlawful aggression employed by the public officer, any
time that he was attacked?
form of resistance which may be in the nature of force
A. If Judge Lamar was attacked by reason of his past against him may be considered as an act of legitimate
performance at the time that he was no longer connected offense.
with the Judiciary having retired already, X committed
here physical injuries not direct assault upon a person in
authority because the victim was no longer a judge at the Q: Now supposing the offended party who is a person in
time assault. Once he retires, he is no longer considered a authority or an agent of a person in authority is challenged
person in authority. to a fight in the performance of his duties and the public
officer accepts it, what happens? What is the rule in self-
defense in Art. 11?
Q: Who is a PA and who is an APA?
A: When one accepts the challenge by the other, no one
This has already been discussed when we were discussing can claim self-defense. Both of them are agressors to one
about voluntary surrender and aggravating circumstance another. That's the rule in self-defense.
of assault in our Criminal Law 1.
What about here? If you are a public officer in the
PA: Any public officer vested with jurisdiction recognized performance of your duties, you were challenged and you
in law and clothed with authority in law whether accepted the challenge, and in the course of which, you
individually or as a member of a board or corporate body. sustained injuries, did that person who attacked the public
officer, who accepted the challenge, liable under Art. 148?
Isn't it that the public officer is no longer a person in
Q: What about the barangay captain? Is he considered a authority because he went down to the level of an
person in authority? ordinary person upon acceptance of the challenge?
A: In accordance with RA 7610, the Local Government This is actually ruled in the old case of Justo vs CA. The
Code, a barangay captain/chairman is considered a person SC held that yes, direct assault is still committed. The
in authority. character of the person in authority or his agent is not laid
off at will or removed at the pleasure of the public officer
but the same is attached to him for so long as he remains
Q: What about the barangay kagawads? in the public office.
A: Yes, in the cases of Pp vs Magallanes and Pp vs Sion,
they are considered as PA.
Q: May there be assault even if the public officer at the
time of the assault, he is not actually performing an official
Q: What about the member of Lupong Tagapamayapa? duty?

A: Yes, they are considered PA. Remember the Sion case. A: Yes. This time we will ask what is the motive of the
attack. As a rule, if you are a public officer and you're
engaged in the performance of your function and by
Q: Now, what about teachers, lawyers, and heads of reason thereof, you were attacked, then direct assault is
schools? committed. It is already immaterial of what the motive is.
But the moment that the public officer is not in the
A: Teachers, lawyers, and heads of schools recognized in performance of his official function and he is attacked, we
government are persons in authority only for purposes of are now going to ask what the motive of the attack was.
Art. 152 in relation with Arts. 148 and 151 and when they
are attacked in connection with their duties. This is the 4th year review answer: Yes, the phraseology on the
case of Gelig vs People. In other cases of course, they are occasion of such performance found in Art. 148 gives or
not considered as persons in authority. offers an affirmative answer as it means because or by
reason of the past performance of official duty the evident
What about an agent of a person in authority? Who are purpose of the law is to allow public officials and their
they? agents to discharge their official acts without fear of being
Section 388 of the Local Government Code of 1991 haunted for such performance .
actually expands the definition of who persons in authority
are because barangay councilors/councilmen used to be
52
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Ex.: PA was attacked because yesterday, he denied the Under RA 1978, a private person who comes to the aid of
issuance of firearms license because that person was a person in authority is, by fiction of law, deemed or
found to be mentally ill and due to such denial, the latter considered as an agent of a person in authority.
got mad. Here, the motive becomes material for the
Q: Now, if direct assault is committed by use of force and
proper determination of the offense committed.
resulted to slight physical injuries, how many offenses did
the offender commit? Is the offender liable for the
complex crime of slight physical injuries with direct
Take note: When an attack is made to a person in
assault?
authority or his agent in the performance of his duty,
automatically, the crime is direct assault whatever the A: Only one because there is no such a thing as complex
reason may be for attacking the said public officer. If it is crime with light felonies. Slight physical injuries, which is a
made when the officer is off-duty, (insert the shut up light felony, is deemed absorbed in the crime of direct
there, shut up incident. Lol) the offender's reason for the assault because in the latter, necessarily, you need to
attack should be determined. If the reason of the attack is attack. You cannot just stare with each other and commit
related to the performance of his past duties, then the such. You need to physically attack the other party.
crime committed, of course, is direct assault. If it is not, Remember the principle in Art. 48. Light felonies cannot
then it will only be physical injuries or attempted homicide, be complexed with any other crime. Complex crimes would
as the case may be. Please remember this concept. This only come in if it is grave or less grave felony.
was already asked in the 1995 Bar Exam. Again, motive
Q: Can direct assault be committed during rebellion (first
becomes material for the proper determination of the
manner of committing rebellion) or sedition?
offense committed.
A: In the case of Abalos, the SC said NO, this cannot be
Remember the rule, this was asked in the 1995 Bar Exam,
committed in times of rebellion or sedition because direct
when an attack is made on a person in authority while in
assault requires that there is no public uprising.
the performance of his duties, the crime is direct assault
whatever his reason may be for attacking. So while he is In relation to that I want you to read the cases of
engaged in the performance of his duty and he is being
- ENRIQUE RIVERA v. PP, June 30, 2005 –
attack whatever the reason is, there is direct assault.
different example of the application of direct
If it is made when the officer is off-duty, the offender’s assault upon an agent of person in authority
reason for the attack should be examined. If the reason of
the attack is related to a past performance of his duties Enrique vs People
then, the crime committed is direct assault. Otherwise,
there is no direct assault and it is some other case FACTS:
probably physical injuries. Here, the motive becomes
material in the proper determination of the offense Assailed and sought to be set aside in this petition for
committed. review on certiorari are decisions convicting herein
petitioner Enrique "Totoy" Rivera of the crime of direct
assault, and denied petitioner’s motion for reconsideration.
In the 2nd form of direct assault, we have to distinguish a
situation when a person in authority or his agent was The accused did employ force and seriously resist one Lt.
attacked while performing official functions from a EDWARD M. LEYGO, knowing him to be a policeman, by
situation when he is not performing such functions. then and there challenging the latter to a fistfight and
grappling and hitting the said policeman on his face, thus
Q: Supposing the offender and the offended party are injuring him in the process while the latter was actually
both public officers, can direct assault still be committed? engaged in the performance of his official duties.
A: Yes, in the case of US vs Vallejo (I'm not sure if I heard
it right) that has already been settled. SC held that assault ISSUE:
can still be committed. In fact, the offender is even
subjected to a greater penalty or this is even in the Whether or not petitioner is guilty of direct assault.
aggravated form. Meaning, when a public officer attacks
another public officer while in the performance of his HELD:
functions or due to past performances, then it is already in Yes. Direct assault, a crime against public order, may be
the aggravated form and higher penalty may be imposed. committed in two ways: first, by any person or persons
who, without a public uprising, shall employ force or
Q: May a person be convicted of a complex crime of intimidation for the attainment of any of the purposes
homicide with direct assault? enumerated in defining the crimes of rebellion and
A: In the case of Pp vs Regala, et. al, the SC said yes, sedition; and second, by any person or persons who,
provided that the information alleges both offenses. without a public uprising, shall attack, employ force, or
seriously intimidate or resist any person in authority or any
Q: May direct assault be committed upon a private of his agents, while engaged in the performance of official
individual? duties, or on occasion of such performance.
A: As a general rule, the attack should be made against a Petitioner's case falls under the second mode, which is the
public officer. However, when a private individual comes more common form of assault and is aggravated when:
to the aid of a person in authority and in the process (a) the assault is committed with a weapon; or (b) when
likewise sustained injuries, Art. 148 is still applicable. the offender is a public officer or employee; or (c) when
53
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the offender lays hand upon a person in authority.


Q: X, a motorist, got mad at police officer Y for accosting
- PP v. ASILAN, April 11, 2012 him when he parked at a no parking sign. Y demanded
that X gives him his driver’s license instead of complying
- GELIG v. PP, July 28, 2010 with the lawful order X kicked the police officer then Y
runaway but he was pursued by X and Renz went to the
aid of the policeman by pacifying X but X threw him to the
Gelig v Pp ground and kicked him. What crime or crimes did X
Facts: Lydia and private complainant Gemma B. Micarsos commit? (Renz was only helping an agent of a person in
(Gemma), were public school teachers at the Nailon authority so what would be the effect? What would the
Elementary School, in Nailon, Bogo, Cebu. Lydia’s son, crime committed against him?)
Roseller, was a student of Gemma.
On July 17, 1981, at around 10:00 o’clock in the morning, A. For attacking the policeman while he was engaged in
Lydia confronted Gemma after learning from Roseller that the performance of his duties, X commits direct assault
Gemma called him a “sissy” while in class. Lydia slapped upon an agent of a person in authority. For attacking
Gemma in the cheek and pushed her, thereby causing her Renz, X committed the crime of INDIRECT ASSAULT.
to fall and hit a wall divider. As a result of Lydia’s violent
assault, Gemma suffered a contusion in her “maxillary
area”. However, Gemma continued to experience Q: During a rainy season, Jose was waiting for a taxicab.
abdominal pains and started bleeding two days after the He was finally able to flag down a taxi before he could
incident. On August 28, 1981, she was admitted in the enter the taxi though a person opened the right back door
Southern Islands Hospital and was diagnosed, to her and immediately took his seat. Infuriated, Jose entered
surprise, to have suffered incomplete abortion. the taxicab and forcibly pushed the man out of the taxi.
RTC: Convicted Lydia of the complex crime of direct The man suffered injuries and it turned out that the
assault with unintentional abortion. person is a judge. Is Jose liable for direct assault upon a
CA: Vacated the trial court’s judgment. It ruled that Lydia person in authority? (Merese kang huwesa ka )
cannot be held liable for direct assault since Gemma A. No, he is not liable for direct assault. Jose did not
descended from being a person in authority to a private know that the person is a judge under the law the
individual when, instead of pacifying Lydia or informing offender must know that the person assaulted was
the principal of the matter, she engaged in a fight with a person in authority or an agent of a person in
Lydia. Likewise, Lydia’s purpose was not to defy the authority as the case may be decides the judge
authorities but to confront Gemma on the alleged name- was not in the performance of his duties when he
calling of her son. The appellate court also ruled that Lydia was assaulted by reason of such performance.
cannot be held liable for unintentional abortion since there (Nagasalig man)
was no evidence that she was aware of Gemma’s
pregnancy at the time of the incident. However, it
declared that Lydia can be held guilty of slight physical When is there QUALIFIED DIRECT ASSAULT?
injuries.
SC: Rendered a decision finding Lydia Gelig guilty beyond Direct assault is qualified –
reasonable doubt of the crime of direct assault since (1) When the assault is committed with a weapon; or
Gemma is a person in authority in the performance of her
duty during the attack. (2) When the offender is a public officer or employee; or
So the fact that Gemma accepted the fight did not strip (3) When the offender lays hands upon a person in
her of being a person in authority making Lydia liable for authority.
direct assault.
These are the only circumstances that would make direct
assault qualified.
Q: X attacked the Vice Mayor while the latter was in the
process of making consultations with a group of people
regarding the enactment of the ordinances. X attacked the Q: Rolando hates the Mayor for being strict in the
VM by slapping him, George was in the meeting and went implementation of city ordinance while the Mayor was at
to help the VM by pacifying X instead of being pacified X the city market etc etc etc (very simple, very simple).
punched George. (Kay joiners ka man ) What crime or
A: Rolando here is liable for qualified direct assault. Why?
crimes did X commit?
He attacked the Mayor by using a weapon or lays hands
ANS: upon a person in authority.
A. With respect to the VM, X committed direct
assault upon a person in authority. He attacked
BAR QUESTION
the VM while he was engaging in the
performance of his duties. Q: Justin, a law student, was flunked in Criminal Law by
his professor Atty. Buena. Angered by this, Justin waited
B. With respect to George, X committed direct
for and hit him with a bottle of SMB. Atty. B suffered
assault upon an agent of a person in authority
injuries and was medically attended for 3 days. Justin was
because the rule is the private person who comes
charged with Direct Assault with Slight Physical Injuries. Is
to the aid of a person in authority automatically
becomes an agent of a person in authority.
54
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the charge proper? Why? If not, what crime? Would your


answer be the same if Atty. B was confined for 12 days? Authority who shall be deemed as such. In applying the
provisions of the preceding and other articles of this
Code, any person directly vested with jurisdiction,
A. The charge of Direct Assault with Slight Physical whether as an individual or as a member of some court
Injuries is not correct. In the crime of direct assault, or governmental corporation, board or commission,
physical injuries is absorbed besides under Art. 48 – a shall be deemed a person in authority. A barrio
grave or less grave felony cannot be complexed with a lieutenant shall also be deemed a person in authority.
light felony such as slight physical injuries. Justin
committed qualified direct assault upon a person in "Any person who by direct provision of law or by
authority. He laid hands upon a person in authority by election or by appointment by competent authority, is
reason of the performance of his duties. charged with the maintenance of public order and the
However, the answer would be different if atty. B was protection and security of life and property, such as a
medically attended for 12 days because such injury is no barrio vice-lieutenant, barrio councilman and barrio
longer considered to be slight but less serious physical policeman, and any person who comes to the aid of
injuries under Art. 265. In which case the crime of less persons in authority, shall be deemed an agent of a
physical injuries is not absorbed but can be complexed person in authority.
with direct assault.
"In applying the provisions of Articles one hundred forty-
eight and one hundred fifty-one of this Code, teachers,
Article 149. Indirect assaults. - The penalty of prision professors and persons charged with the supervision of
correccional in its minimum and medium periods and a public or duly recognized private schools, colleges and
fine not exceeding P500 pesos shall be imposed upon any universities, shall be deemed persons in authority."
person who shall make use of force or intimidation upon
any person coming to the aid of the authorities or their Section 2. This Act shall take effect upon its approval.
agents on occasion of the commission of any of the crimes
defined in the next preceding article.
Remember that the direct assault must be committed
against the APA for indirect assault to be committed
The situation contemplated in Art. 149 is one wherein against the person who aided him.
direct assault is committed against an agent of a person in
authority. In short, for indirect assault to be committed, there must
be a direct assault first.
Ex: Policemen, law enforcers
When the offended party is a civilian who aids a person in
Again, the situation contemplated in this article is when an authority or an agent of a person in authority, what crime
agent of a person in authority is being attacked. The or crimes are committed?
private individual comes to the aid of a person in authority
and in giving aid, the former is equally or likewise When the officer being aided is a person in authority, the
assaulted. In this case, there are two offended parties, crime cannot be indirect assault because he himself
namely: agent of a person in authority and the private becomes an agent of a person in authority. So therefore if
individual who comes to his aid. I am attacked in the presence of helping a person in
authority, that offender will also be liable for direct assault
It must be borne in mind that the assistance rendered against me.
must be to an agent of a person in authority for Art. 149
to come into play. The situation is entirely different when But if I am a private individual who come to the aid of an
the aid or assistance rendered is to a person in authority. agent of a person in authority, I do not become an agent
The private individual in such occasion becomes an agent of a person in authority because I am already helping an
of a person in authority and any force or intimidation he agent of a person in authority. The offender will be liable
received while coming to the aid of such person in for indirect assault against me.
authority is, for all intents and purposes, considered as RULE:There is no indirect assault when there is no direct
direct assault. assault.
This is the spirit under RA 1978 as enacted and Example: A police was attacked, I, a civilian, thinking that
promulgated. I am also a hero, came to his aid. What are the liabilities
of the offender?
ACT TO AMEND ARTICLE ONE HUNDRED FIFTY- Direct assault against the police (APA) & indirect assault
TWO OF THE REVISED PENAL CODE, AS against me who came to the aid of an agent of a person in
AMENDED. authority.
The private individual could be a civilian or a public officer,
Section 1. Article one hundred fifty-two of the Revised who is of course, not a person in authority (?!).
Penal Code, as amended by Commonwealth Act
Numbered Five hundred seventy-eight, is further
amended to read as follows: Q: You are the aggressor. I am standing beside the police.
You did not attack the police but attacked me instead. Are
"Art. 152. Persons in Authority and Agents of Persons in you liable for indirect assault against me?
55
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Criminal Law II TSN
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A: No. Again, there can be no indirect assault under Art. It may also refer to a refusal of a witness to answer a
149 without first the commission of direct assault. Indirect legal inquiry or to produce books, papers and/or other
assault is committed against a person who comes to the documents.
aid of an APA.
It can also be in the form of preventing or restraining
Take note that under Art. 152, as amended, a person who another from attending as witness or inducing a witness to
comes to an aid of a person in authority, he is no longer disobey summons or to be placed under oath. Remember
considered a civilian but an agent of the person in that the law punishes acts against Congress and
authority. Constitutional Commissions and does not include Local
Legislative bodies like the City Council, Provincial Board,
Municipal Council.
Article 150. Disobedience to summons issued by the
Q: If you do not appear in a hearing with the Local
National Assembly, its committees or subcommittees, by
Legislative bodies, is Art. 150 violated?
the Constitutional Commissions, its committees,
subcommittees or divisions. - The penalty of arresto A: We do not know but there is a ruling by the SC in the
mayor or a fine ranging from two hundred to one case of Negros Oriental Electric Cooperative vs
thousand pesos, or both such fine and imprisonment shall Sangguniang Panglungsod ng Dumaguete, et.al
be imposed upon any person who, having been duly (155 S 421) *read this case daw
summoned to attend as a witness before the National
SC ruled that the power to punish contempt is not
Assembly, (Congress), its special or standing committees
extended to local legislative bodies. The reason given is
and subcommittees, the Constitutional Commissions and
that local legislative bodies are but a creation of law and
its committees, subcommittees, or divisions, or before any
therefore for them to exercise the power of contempt
commission or committee chairman or member authorized
there must be an express grant of the same. The LGC
to summon witnesses, refuses, without legal excuse, to
prevailing at that time did not grant local legislative bodies
obey such summons, or being present before any such
the power to issue subpoena to compel attendance of
legislative or constitutional body or official, refuses to be
witnesses and even given the power to punish contempt.
sworn or placed under affirmation or to answer any legal
inquiry or to produce any books, papers, documents, or But...
records in his possession, when required by them to do so
RA 7160, specifically Chapter 2 says on the general
in the exercise of their functions. The same penalty shall
powers and attributes of local government units, the same
be imposed upon any person who shall restrain another
it does not provide for the power of Sanguniang Bayan or
from attending as a witness, or who shall induce
City Council to punish for contempt.
disobedience to a summon or refusal to be sworn by any
such body or official. The reason is obvious. The power to issue compulsory
processes such as summons and subpoenas under pain of
contempt is by its very nature judicial in consent.
There are 5 specific acts punishable under this article. The
act punished is refusal without legal excuse to obey The issue is when you are being summoned by any local
summons issued by the House of Representatives or legislative body and you refused appearance to testify, are
Senate. But now it's already different. When the Senate you liable for violation under Art. 150?
would summon a particular Department Secretary to In the earlier case of Arnault v Balagtas (97 Phl 398),
appear before a legislative inquiry, they will not appear, SC held that the principle that Congress or any of its
they will just invoke executive privilege. In the US, it is bodies has the power to punish recalcitrant witnesses is
different. They are actually so afraid whenever there is a founded upon reason and policy. Said power must be
senate inquiry but here in the Phil, it is but a media circus. considered implied or incidental to the exercise of
Not so important. Probably important but we know how legislative power, or necessary to effectuate said power.
the senators work. How could a legislative body obtain the knowledge and
Q: Now what about if it's a Constitutional Commission, information on which to base intended legislation if it
does the law also apply? cannot require and compel the disclosure of such
knowledge and information, if it is impotent to punish a
A: Yes. Even if you are only from a constitutional body defiance of its power and authority? When the framers of
and you summoned someone to appear before an the Constitution adopted the principle of separation of
inquiry,then the refusal of such person without any legal powers, making each branch supreme within the realm of
excuse constitutes a violation if Art. 150. its respective authority, it must have intended each
Also made punishable under this article is the refusal of a department's authority to be full and complete,
subject after appearing before a body to take an oath or independently of the other's authority and power. And
affirmation before he testifies. In every inquiry, before the how could the authority and power become complete if for
question and answer starts, the witness has to be placed every act of refusal, every act of defiance, every act of
under oath. Refusal of which is not allowed because we contumacy against it, the legislative body must resort to
cannot bind you on whatever things you are saying in such the judicial department for the appropriate remedy,
investigation because you are not under oath. But the because it is impotent by itself to punish or deal therewith,
moment your testimonies are under oath and you start with the affronts committed against its authority or
telling lies, you can be charged with the crime of perjury. dignity.
So, even in the absence of an express constitutional
provision, the SC sustained the power of Congress to
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punish persons for contempt. Hence, the gray area of


jurisprudence has been opened. It is clear that exercise of duties.
the legislature of its contempt power is a matter of self- When the disobedience to an agent of a person in
preservation independent of the judiciary. The contempt authority is not of a serious nature, the penalty of arresto
power of the judiciary is inherent. Sui generis.
menor or a fine ranging from 10 to P100 pesos shall be
Now, in the case of Negros Oriental Electric Cooperative vs imposed upon the offender.
Sangguniang Panglungsod ng Dumaguete, et.al, the SC
held that the power to punish contempt is not extended to
local legislative bodies. Take note of this because in the
case of Arnault vs Balagtas, the constitutionality of Art.
150 was placed into issue on whether Congress has the
power to punish contempt and the SC said YES because it Elements of resistance and serious
is inherent and without it, it cannot further its function as disobedience under the 1st par.:
the legislative branch of the government.
1) A person in authority or his agent is engaged in
Q: Is it duplicated as far as the local legislative bodies are the performance of official duty or gives a lawful
concerned? order to the offender;
A: No, as settled in the case of Negros vs Dumaguete. The 2) The offender resists or seriously disobeys such
reason given is that these local bodies are but creation of person in authority or his agent;
law and therefore, for them to have the contempt power,
there must be an express grant of the same. The creation
3) That the act of the offender is not included in the
provisions of Articles 148, 149, and 150.
of these LGUs only came from a law, not the Constitution.
The LGC prevailing at this time when this Negros case was Elements of simple disobedience under the
decided was BP 337, the predecessor of RA 7160 (the new 2nd par.:
LGC of 1991). Under BP 337, it did not grant local 1) An agent of a person in authority is engaged in
legislative bodies to issue subpoena to compel attendance the performance of official duty or gives a lawful
of witnessess neither to punish them for contempt. order to the offender;
Meanwhile, RA 7160 is silent on this matter. Chapter 2 of
the said law on the General Powers and Attributes of LGUs
2) The offender disobeys such agent of a person in
authority;
do not provide for the same. In fact, Section 48 on Local
Legislation and Section 50 on the IRR merely enumerate 3) Such disobedience is not of a serious nature.
what the rules or procedures shall provide but nowhere in The offended party in this case is a public officer - a
the said law was it mentioned or suggested that the local PA or an APA. The public officer must be in the
legislative bodies have the power to issue summons or actual performance of his duties at the time the
subpoenas to compel the attendance of witnesses under resistance or disobedience is made by the offender.
pain of punishment. The reason, according to the SC, is The resistance must be serious in order to constitute
obvious, the power to issue compulsory processes such as the 1st type. If it is not, then it falls on the 2nd type.
summons and subpoenas under the pain of contempt is,
What is contemplated by the law is the failure to
by its very nature, judicial in concept. This shall not be
comply to the verbal orders issued by the public
implied in the grant of legislative power. Neither can it
officer who is in the actual performance of his duties.
exist as an incident to the exercise of legislative function.
To give in to such would grant powers to local legislative In the old case of US vs Ramayrat, the SC held that
units which run afoul with the doctrine of separation of the violation does not refer to resistance or
powers. And although Sec. 5 of the LGC provides for disobedience to the the legal provisions of the law
liberal interpretation in favor of the LGUs, the grant of nor judicial decisions defining or restricting their
such power of contempt should be made an exception rights.
because the power to punish operates to diminish Examples of Art. 151
individual rights. Such power in the democratic and
1) A police officer prohibits people from entering a
republican state belongs only to the judiciary.
house where a crime has been committed. SOCO is
there conducting an investigation. The police already
put up a yellow tape or cord which says "Do not
cross. Police line." You already know the purpose of
Article 151. Resistance and disobedience to a person in such prohibition and that is to preserve the crime
authority or the agents of such person. - The penalty scene but you went there and touched some things,
ofarresto mayor and a fine not exceeding 500 pesos shall took pictures of the place for you to upload on your
be imposed upon any person who not being included in FB. (Judge A. was not able to finish this. Nag
the provisions of the preceding articles shall resist or sidetrack sya about her experience in the private
seriously disobey any person in authority, or the agents of practice before. :p)
such person, while engaged in the performance of official
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2) There was a labor strike and the strikers went to aid of persons in authority, shall be deemed an agent
the road preventing the free flow of traffic. They of a person in authority.
were ordered by the policemen to pave the road way
but they disobeyed and resisted the order. The SC In applying the provisions of Articles 148 and 151 of
held that they were guilty of the crime of resistance this Code, teachers, professors and persons charged
and disobedience to a person in authority. with the supervision of public or duly recognized
Distinctions between resistance and disobedience private schools, colleges and universities, and
from direct assault: lawyers in the actual performance of their
professional duties or on the occasion of such
1) In resistance, the public officer (PA or APA) performance, shall be deemed persons in authority.
must be in the actual performance of his (As amended by PD No. 299, Sept. 19, 1973 and
duty; in direct assault, the PA or APA must be Batas Pambansa Blg. 873, June 12, 1985).
engaged in the performance of his official
duty or that he is assaulted by reason Examples of persons in authority:
thereof.
Barangay Chairman, Mayor, Barangay Captain
2) In resistance, this is only committed in
resisting or seriously disobeying a PA or an MTC, RTC Judges
APA; in direct assault (the 2nd type and the Teachers, Heads of schools
most common) is committed in 4 ways: by
The legal significance of knowing the difference
attacking, by employing force, by seriously
between a PA and an APA comes into play when they
intimidating, and by resisting a PA or his
are assaulted in the performance of their duties.
agent.
When the offender lays hands upon a person in
3) In both resistance of a PA or his agent and
authority, the penalty is higher because it is a
direct assault by resisting a PA or his agent,
qualifying aggravating circumstance. This is not so
there is force employed but the use of force
when the offended party is merely an APA. This is so
in resistance is not so serious as there is no
since the APA is only enjoying a delegated power.
manifest intention to defy the law and the
What is delegated cannot further be delegated.
officers enforcing it.
Any assault committed against such person is direct
Q: Upon serving a warrant of arrest, the person to be
assault and not indirect assault but if the person
arrested resisted by clinging to a coconut tree saying
assaulted is an agent of a person in authority and a
that he will not go with the authorities not until they
private individual comes into his rescue and in the
uproot the coconut tree. Can this be considered
process he is also assaulted while giving resistance
resistance under Art. 151?
(Aaaaaahhhhh!) the crime committed would be
Judge A: I do not have the answer too. I cannot find indirect assault.
any jurisprudence that will support any answer. I'll
Judge A: This is discriminatory. In the first place,
leave it to your imagination. Let's see how you'll
they are all public officers. But this is what the law
defend your stand during the examination. So that by
says, there's nothing we can do.
the time I read your notebooks, I will have an
answer to this question too. Castillo v. PP, January 30, 2012
Pursuant to a confidential information that petitioner
Article 152. Persons in authority and agents of was engaged in selling shabu, police officers headed
persons in authority; Who shall be deemed as such. - by SPO3 Bienvenido Masnayon, after conducting
In applying the provisions of the preceding and other surveillance and test-buy operation at the house of
articles of this Code, any person directly vested with petitioner, secured a search warrant from the RTC
jurisdiction, whether as an individual or as a member and around 3 o'clock in the afternoon of September
of some court or governmental corporation, board, or 13, 1997, the same police operatives went to Gil
commission, shall be deemed a person in authority. A Tudtud St., Mabolo, Cebu City to serve the search
barrio captain and a barangay chairman shall also be warrant to petitioner.
deemed a person in authority.
They all went back to the residence of the petitioner
A person who, by direct provision of law or by and closely guarded the place where the subject ran
election or by appointment by competent authority, for cover. SPO3 Masnayon requested his men to get
is charged with the maintenance of public order and a barangay tanod and a few minutes thereafter, his
the protection and security of life and property, such men returned with two barangay tanods.
as a barrio councilman, barrio policeman and
barangay leader and any person who comes to the
In the presence of the barangay tanod, Nelson
Gonzalado, and the elder sister of petitioner named
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Dolly del Castillo, searched the house of petitioner and balanced environment, and any barangay
including the nipa hut where the petitioner allegedly member who comes to the aid of persons in
ran for cover. His men who searched the residence of authority, shall be deemed agents of persons
the petitioner found nothing, but one of in authority.
the barangay tanods was able to confiscate from the
nipa hut several articles, including four (4) plastic By virtue of the above provisions, the police officers,
packs containing white crystalline substance. as well as the barangay tanods were acting as agents
Consequently, the articles that were confiscated were of a person in authority during the conduct of the
sent to the PNP Crime Laboratory for examination. search. Thus, the search conducted was
The contents of the four (4) heat- sealed transparent unreasonable and the confiscated items are
plastic packs were subjected to laboratory inadmissible in evidence. Assuming ex gratia
examination, the result of which proved positive for argumenti that the barangay tanod who found the
the presence of methamphetamine confiscated items is considered a private individual,
hydrochloride, or shabu. thus, making the same items admissible in evidence,
petitioner's third argument that the prosecution failed
Issue: What is the category of a Brgy. Tanod? Are to establish constructive possession of the regulated
they persons in authority or agents of a person in drugs seized, would still be meritorious.
authority?
Article 153. Tumults and other disturbance of
SC: Having been established that the assistance of public orders; Tumultuous disturbance or
the barangay tanods was sought by the police interruption liable to cause disturbance. - The penalty
authorities who effected the searched warrant, the of arresto mayor in its medium period to prision
same barangay tanods therefore acted as agents of correccional in its minimum period and a fine not
persons in authority. Article 152 of the Revised Penal exceeding 1,000 pesos shall be imposed upon any
Code defines persons in authority and agents of person who shall cause any serious disturbance in a
persons in authority as: public place, office, or establishment, or shall
interrupt or disturb public performances, functions or
x x x any person directly vested with jurisdiction, gatherings, or peaceful meetings, if the act is not
whether as an individual or as a member of some included in the provisions of Articles 131 and 132.
court or governmental corporation, board or
commission, shall be deemed a person in authority. A The penalty next higher in degree shall be imposed
barangay captain and a barangay chairman shall also upon persons causing any disturbance or interruption
be deemed a person in authority. of a tumultuous character.

A person who, by direct provision of law or by The disturbance or interruption shall be deemed to
election or by appointment by competent authority, be tumultuous if caused by more than three persons
is charged with the maintenance of public who are armed or provided with means of violence.
order and the protection and security of life
and property, such as barrio councilman, The penalty of arresto mayor shall be imposed upon
barrio policeman and barangay leader, and any any person who in any meeting, association, or
person who comes to the aid of persons in public place, shall make any outcry tending to incite
authority, shall be deemed an agent of a rebellion or sedition or in such place shall display
person in authority. placards or emblems which provoke a disturbance of
the public order.
The Local Government Code also contains a provision
which describes the function of a barangay tanod as The penalty of arresto menor and a fine not to
an agent of persons in authority. Section 388 of the exceed P200 pesos shall be imposed upon these
Local Government Code reads: persons who in violation of the provisions contained
in the last clause of Article 85, shall bury with pomp
SEC. 388. Persons in Authority. - For purposes of the the body of a person who has been legally executed.
Revised Penal Code, the punong barangay,
sangguniang barangay members, and members of There are 5 specific acts that are punishable here.
the lupong tagapamayapa in each barangay shall be
They are:
deemed as persons in authority in their jurisdictions,
while other barangay officials and members 1) Causing any serious disturbance in a public place,
who may be designated by law or ordinance office or establishment;
and charged with the maintenance of public
order, protection and security of life and
property, or the maintenance of a desirable
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2) Interrupting or disturbing performances, published as news any false news which may
functions or gatherings, or peaceful meetings, if endanger the public order, or cause damage
the act is not included in Arts. 131 and 132; to the interest or credit of the State;
3) Making an outcry tending to incite rebellion or
sedition in any meeting, association or public 2. Any person who by the same means, or by
place; words, utterances or speeches shall
encourage disobedience to the law or to the
4) Displaying placards or emblems which provoke a constituted authorities or praise, justify, or
disturbance of public order in such place; extol any act punished by law;
5) Burying with pomp the body of a person who has
been legally executed. 3. Any person who shall maliciously publish or
cause to be published any official resolution
Q: When does a disturbance become tumultuous? or document without proper authority, or
A: It becomes tumultuous when the disturbance is before they have been published officially; or
caused by more than three persons who are armed
or a band which is considered as an aggravating 4. Any person who shall print, publish, or
circumstance under Art. 14 or when the disturbance distribute or cause to be printed, published,
is caused by means of violence. The essence is or distributed books, pamphlets, periodicals,
creating public disorder. The crime is brought about or leaflets which do not bear the real printer's
by creating series of disturbance in public places, name, or which are classified as anonymous.
buildings or even in private places where public
functions or performances are being held. It must There are 4 specific acts made punishable under this
not fall under Art. 131 (Prohibition, interruption, and article:
dissolution of peaceful meetings) and Art. 132 1) Publishing or causing to publish, etc.
(Interruption of religious worship). In the act of
making an outcry during speech intending to incite 2) By discouraging disobedience to the law
rebellion or sedition, this situation must be 3) By maliciously publishing or causing to publish
distinguished from inciting to rebellion or sedition. If
the speaker even before he delivered his speech 4) By printing and causing to publish publications
already had the criminal intent to incite the listeners anonymously
to rise to sedition or rebellion then the crime would The purpose of the law is to punish those who are
be inciting to sedition or rebellion. However, if the spreading false information which tends to cause
offender had no such criminal intent but in the panic, confusion, distrust, and divide people in their
course of his speech he got emotional, temper went loyalty to the duly constituted authorities. To protect
high and ended up inciting the audience to rise in public interest, any person who publishes false
sedition against the government, then, the crime information and does not use his real name taking
would be disturbance of public order. Disturbance of refuge under the use of a fictitious name will be held
public order is tumultuous and penalty is increased if criminally laible under Art. 154. The reason is that,
it is brought about by armed men or provided with more often, when an author uses a fictitious name,
means of violence. Take note that the term 'armed' such publication is to slander another person or such
does not only pertain to firearms but also to weapons news is false with only one purpose and that is, to
which can cause great injuries. It is also a public mislead the public. This also covers those who
disturbance if a convict, legally executed and put to knowingly publishes official acts or documents which
death, shall be buried with pomp. Example, if after are not officially promulgated.
the death of Leo Echegaray gi-prusisyon iyang
picture in the streets bringing balloons as if he is a Example: Somebody has already published a
martyr or a hero even if he is a rapist at that, such declaration of martial law prior to September 21,
act will constitute a violation of this article. 1972. This is a clear violation of Art. 154.

Article 155. Alarms and scandals. - The penalty


of arresto menor or a fine not exceeding P200 pesos
Article 154. Unlawful use of means of publication shall be imposed upon:
and unlawful utterances. - The penalty of arresto
mayor and a fine ranging from P200 to P1,000 pesos 1. Any person who within any town or public
shall be imposed upon: place, shall discharge any firearm, rocket,
firecracker, or other explosives calculated to
1. Any person who by means of printing, cause alarm or danger;
lithography, or any other means of
publication shall publish or cause to be
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2. Any person who shall instigate or take an disturbance of public order where the circumstance
active part in any charivari or other disorderly at that time render the act as offensive to the
meeting offensive to another or prejudicial to prevailing tranquility.
public tranquility;
Now, what is charivari?
3. Any person who, while wandering about at Charivari takes place when the offender actually
night or while engaged in any other nocturnal disturbs the peace by cans, tins, etc. This brings
amusements, shall disturb the public peace; about alarms and scandals. Except of course during
or Christmas or New Year when everybody's doing such.
Example: A person does charivari by banging kettles
4. Any person who, while intoxicated or and tins in the street at 11 in the evening.
otherwise, shall cause any disturbance or
scandal in public places, provided that the Q: What if that person does the same specifically in
circumstances of the case shall not make the your house, at your window, is alarms and scandals
provisions of Article 153 applicable. committed?
A: No. What he committed is unjust vexation.
There are 4 specific acts specified.
Creating noise and annoyance may bring about this
1) Discharging any firearm, rocket, firecracker, or offense. However, just like what I said earlier, it
other explosives within any town or public place, could also be unjust vexation.
calculated to cause (which produces) alarm or
(Mangluwa iyahang silingan story)
danger;
2) Instigating or taking an active part in any Article 156. Delivery of prisoners from jails. - The
charivari or other disorderly meeting offensive to penalty of arresto mayor in its maximum period of
another or prejudicial to public tranquillity; prision correccional in its minimum period shall be
3) Disturbing the public peace while wandering imposed upon any person who shall remove from
about at night or while engaged in any other any jail or penal establishment any person confined
nocturnal amusements; therein or shall help the escape of such person, by
means of violence, intimidation, or bribery. If other
4) Causing any disturbance or scandal in public means are used, the penalty of arresto mayor shall
places while intoxicated or otherwise, provided be imposed.
Art. 153 is not applicable.
The term used by law is "discharge". That is, If the escape of the prisoner shall take place outside
discharge of firearm in a public place. When a person of said establishments by taking the guards by
discharges a firearm, we do not immediately say that surprise, the same penalties shall be imposed in their
he is liable under Art. 155. We have to consider the minimum period.
circumstance. There are other provisions in the law
that we have to consider. If the firearm is discharged Elements:
and it was not pointed to any particular person, yes, 1) That there is a person confined in a jail or penal
alarms and scandals is committed. But if a firearm establishment;
was discharged and was pointed to a particular
person but the offender had no intention whatsoever 2) That the offender removes therefrom such
to kill the person, the crime committed is illegal person, or helps the escape of such person.
discharge of firearm under Art. 254. However, if the As what we have learned in Crim Law 1, there are 2
firearm was discharged, was pointed to a particular kinds of prisoners (right?):
person and the offender had in mind the intention to
kill the offended party, the crime committed can be 1) Detention Prisoner (Art. 29)
classified as attempted or frustrated homicide as the 2) Convicted Prisoner
case may be.
Who may commit a crime under Art. 156?
In the case of Araneta vs CA, it was held that if a
person is shut and is wounded, the crime is A private person may commit this crime or a jail
automatically attempted or frustrated homicide as guard or the warden.
the case may be. Intent to kill is inherent in the use What is the crime committed if a person removes a
of a deadly weapon. person from jail? You have to qualify it. If the
The crime alarms and scandals is only one crime. offender is the jail guard or jail warden who has the
Scandal here does not refer to moral scandal (this custody of the person, he commits infidelity in the
type of scandal is grave scandal under Art. 200). The custody of prisoners. If the person who removed the
essence of the crime under this article is the
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person confined in jail is not a custodian, he commits means are used, the penalty of arresto mayor shall
the crime of delivery of prisoner’s from jail. be imposed.
Example: If the escape of the prisoner shall take place outside
Rodrigo is confined in jail. Patricio a friend of Rodrigo of said establishments by taking the guards by
approached Mauricio, the jail guard, and offered him surprise, the same penalties shall be imposed in their
Php 20,000 in exchange for the freedom of Rodrigo. minimum period.
Mauricio left the cell of Rodrigo closed but unlocked. …………only convicted as a light felony. Like for
In the middle of the night, Rodrigo noticed that the example, if the convicted is to suffer light penalty, let
cell was not locked. Rodrigo took advantage and us say grave oral defamation, the MTC imposed a
escaped. What will be the criminal liability of Patricio, penalty of 6 months of arresto mayor, asa man na
of Mauricio and of Rodrigo? nimo ibutang? Asa man na? Ah didto ko sa munti.
A. Patricio is liable for corruption of public officer Hilom. Didto lang ka sa municipal jail. In the case of
under Art. 212 because he bribed the jail guard, municipality, you will only be there in the
Mauricio, for allowing the escape of Rodrigo. He municipality jail. Or if it is a city case, then it is in the
is also liable for delivery of prisoner from jail city jail. In fact, the rule is if you are tried in the RTC
because he caused or helped in the escape of and the penalty imposed does not exceed 2 years
Rodrigo. you are going to have a “vacation” only in the city
jail. So the rule is if it exceeds 2 years, dira na ka sa
penal colony.
Mauricio is liable for direct bribery under Art. 210 Now, take note, the removal of the prisoner from
because he received something in consideration confinement as mentioned in article 156 may be
of a performance of an act amounting to a crime. done without disposal or with disposal. Now if the
He is also liable for infidelity in the custody of prisoner who was removed from jail is a detention
prisoners under Art. 223 because he consented in prisoner, supposing A is a jail warden and A entered
the escape of the prisoner under his charge. into an agreement with B for the payment of let us
say P5,000 for person C to be released. Without C’s
knowledge, B enetered into agreement with the jail
Rodrigo’s liability depends on the following:
warden that upon payment of 5k, A would unlock the
If he is a convict serving sentence, then he is gate so that C can escape.
liable for evasion of service of sentence under
Question: what are the liabilities here of A, B or C?
Art. 157.
It has to be distinguished whether C here is a
But if he is only a detention prisoner, the answer
detention or convicted prisoner.
is it depends. If he knew of the plan, then he is
liable for delivery of prisoner from jail as principal Supposing C is a detention prisoner, A has a criminal
by indispensable cooperation. If he is not aware liability for infidelity in the custody of prisoner, he is
of the plan, he is not liable because there is no also liable for bribery. B is liable for crime under
law punishing that act. article 156, at the same time, he may also be liable
under article 212. What is article 212? Corruption of
Read: Tanega vs Masakayan (Feb 28, 1967)
public officers.
It is an old case but it is always included by the SC in
If C here is a convicted prisoner, he commits
its decision in cases involving Art. 156.
evasion of service under article 157. If C is
This doctrine was reiterated by the SC in the case of merely a detention prisoner, he commits no
Pangan vs Gatbalite (January 21, 2005). It reiterated crime. So take a look at 156, “shall be imposed
the ruling in the Tanega case. The Tanega ruling is at any person who shall remove from any jail
still controlling right now. or penal establishment any person confined
herewith or shall help the escape of such
Remember:
person”. Remember that.
"You have the right to exert your right!"- Judge A.
Art. 157. Evasion of service of sentence. — The
Art. 156. Delivery of prisoners from jails. — The penalty of prision correccional in its medium and
penalty of arresto mayor in its maximum period of maximum periods shall be imposed upon any convict
prision correccional in its minimum period shall be who shall evade service of his sentence by escaping
imposed upon any person who shall remove from during the term of his imprisonment by reason of
any jail or penal establishment any person confined final judgment. However, if such evasion or escape
therein or shall help the escape of such person, by shall have taken place by means of unlawful entry,
means of violence, intimidation, or bribery. If other by breaking doors, windows, gates, walls, roofs, or
floors, or by using picklocks, false keys, deceit,
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violence or intimidation, or through connivance with the costs. She was unsatisfied with the decision of
other convicts or employees of the penal institution, RTC and what she did is that she went to the CA.
the penalty shall be prision correccional in its The CA declined to review on certiorari and the CA
maximum period. threw the case back to the RTC.

Let us go to Article 157: Back to the Court of First Instance of Quezon City,
said court, on January 11, 1965, directed that
What are the elements of article 157? execution of the sentence be set for January 27,
1) That the offender is a convict by final 1965. On petitioner's motion, execution was deferred
judgment to February 12, 1965, at 8:30 a.m. At the appointed
day and hour, petitioner failed to show up. This
2) That he is serving his sentence which consists
prompted the respondent judge, on February 15,
in deprivation of liberty
1965, to issue a warrant for her arrest, and on March
3) That he evades the service of his sentence by 23, 1965 an alias warrant of arrest. Petitioner was
escaping during the term of his sentence. never arrested.
What are the factors that would qualify the Then, on December 10, 1966, petitioner, by counsel,
imposition of a higher crime? moved to quash the warrants of arrest of February
15, 1965 and March 23, 1965. Petitioner's ground:
1. If it is by means of an unlawful entry
Penalty has prescribed.
2. By breaking doors, windows, gates, walls,
On December 19, 1966, the respondent judge ruled
roofs or floors
that "the penalty imposed upon the accused has to
3. By using picklocks, false keys, disguise, be served", rejected the plea of prescription of
deceit, violence or intimidation or penalty and, instead, directed the issuance of
4. Through connivance with other convicts or another alias warrant of arrest. Hence, the present
employees of the penal institution petition.

Now evasion of service of sentence, by the way, is What have you learned in Criminal Law 1? What is
consist of 3 forms the classification of arresto menor?

1. By simply leaving escaping from the penal It is a light penalty. Remember the rule under article
establishment that is being defined under 92, light penalties prescribe in one year. Sabi ni
article 157 accuse, wala na, prescribe na.

2. The failure to return of the convicted prisoner Article 93 provides that, “The period of prescription
within 48 hours after having left the penal of penalties shall commence to run from the date
establishment because of a calamity, when the culprit should evade the service of his
conflagration, etcetera sentence, and it shall be interrupted if the defendant
should give himself up, be captured, should go to
3. Violation of the condition of the conditional some foreign country with which this Government
pardon which is defined and penalized under has no extradition treaty, or should commit another
article 159 crime before the expiration of the period of
When you say evasion of service of sentence, is it prescription.”
necessary that he should be confined at the penal Now what then is the concept of evasion of service of
establishment? sentence under article 157
When you say evasion of service, the offender here Now this is what the SC held.
is a prisoner. And what kind of a prisoner is he? He is
a convicted prisoner. A detention prisoner does not Reason dictates that one can escape only after he
commit evasion under 157. has started service of sentence. Even under the old
law, Viada emphasizes, where the penalty consists of
Now let us state the case of Tanega vs Masakayan imprisonment, prescription shall only begin to run
decided on Feb 28, 1967 and also reiterated in the when he escapes from confinement.
case of Pangan vs Gatbalite.
So remember here, the accused here never served
The accused here was convicted of slander in the her sentence.
City Court of Quezon City. Now after the conviction,
she appealed to the RTC, the old name of which is We, therefore, rule that for prescription of penalty of
Court of First Instance. She appealed her conviction imprisonment imposed by final sentence to
to the RTC and she was sentenced to 20 days of commence to run, the culprit should escape during
arresto menor, to indemnify the offended party, Pilar the term of such imprisonment.
B. Julio, in the sum of P100.00, with the
corresponding subsidiary imprisonment, and to pay
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Adverting to the facts, we have here the case of a greater than destierro. in a way, what the SC is
convict who — sentenced to imprisonment by final saying is that the spring can never rise above its
judgment — was thereafter never placed in source. That is the ruling in People vs De leon(?)
confinement. Prescription of penalty, then, does not which iscited in your book.
run in her favor.
Art. 158. Evasion of service of sentence on the
The prevailing nature of the crime, it cannot be occasion of disorder, conflagrations, earthquakes, or
committed if the prisoner involved is a detention other calamities. — A convict who shall evade the
prisoner. By the very nature of the crime, dili sya ma- service of his sentence, by leaving the penal
involve sa detention prisoner. Going back to the case institution where he shall have been confined, on the
of Tanega, the ruling of the court if very clear, for occasion of disorder resulting from a conflagration,
one to invoke prescription of penal case, the evasion earthquake, explosion, or similar catastrophe, or
of service of sentence under article 157 presupposes during a mutiny in which he has not participated,
that you have been in confinement and while in shall suffer an increase of one-fifth of the time still
confinement, you have evaded your sentence. That remaining to be served under the original sentence,
same principle was reiterated in the case of Pangan which in no case shall exceed six months, if he shall
vs Gatbalite. fail to give himself up to the authorities within forty-
Now what about if the convicted person was never eight hours following the issuance of a proclamation
placed in prison because the penalty imposed is only by the Chief Executive announcing the passing away
destierro? of such calamity.

As you have learned in your Crim 1, destierro consist Convicts who, under the circumstances mentioned in
of deprivation of your liberty to enter into a particular the preceding paragraph, shall give themselves up to
radius. In what crimes does the court authorized to the authorities within the above mentioned period of
impose destierro? ADULTERY. Also article 247 48 hours, shall be entitled to the deduction provided
in Article 98.
Art. 247. Death or physical injuries inflicted under
exceptional circumstances. — Any legally married Alright, so this is no longer new to you, no? We have
person who having surprised his spouse in the act of discussed this partly under article 98. Now, what are
committing sexual intercourse with another person, the elements for the crime?
shall kill any of them or both of them in the act or 1. The offender is a convict by final judgment,
immediately thereafter, or shall inflict upon them any who is confined in a penal institution.
serious physical injury, shall suffer the penalty of
destierro. 2. That there is disorder, resulting from a)
conflagration b) earthquake c) explosion d)
Actually the penalty of destierro is meant to protect similar catastrophe or e) mutiny in which he
you. Now if it is imposed to you, then you are not has not participated.
allowed to enter into a specific area. Once you
entered that area, then that is evasion of sentence. 3. That the offender evades the service of his
Now if you violated the evasion of service of sentence by leaving the penal institution
sentence, what then would be your sentence? So you where he is confined, on the occasion of such
entered the place which you are prohibited to enter, disorder or during mutiny.
what then would be your penalty? 4. That the offender fails to give himself up to
DESTIERRO also. Dili pwede na imong original the authorities within 48 hours following the
sentence destierro, unya ni-violate ka tapos ang issuance of a proclamation by the Chief
penalty i-impose sa imo kay imprisonment. It cannot Executive announcing the passing away of
be done. If it applies to persons convicted by final such calamity.
judgment, the penalty is destierro. the SC declared Take Note: For such an event to be considered as
that under article 157, evasion of service of sentence calamity there must be a declaration first by the
is silent as to the matter, nonetheless, it should be President that such is a calamity. It must issue a
understood that if one is convicted for evading proclamation to the effect that the calamity is over.
service of sentence and the information alleges Without this, hindi pwede. Now, if the events
transgression of the penalty of destierro, which does mentioned can be considered calamity, then there is
not actually involve deprivation of liberty but involves a need for the President to make such
restraint of liberty and the accused is found guilty of announcement. Absent such announcement, even if
such transgression. The penalty to be imposed the prisoner will return in the penal institution where
against the offender should not be deprivation of he was confined, the same is of no moment. As in
liberty but only restraint of liberty. Meaning, destierro the meantime, he is in violation of article 157
also. The reason advanced by the SC is that already.
imprisonment, no matter how minimal, would be
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Now, take note that under article 158, the event is a referred to in said article. A deduction of two-
recognized calamity. As I said, there must be a fifths of the period of his sentence shall be
declaration. Now, in such event of calamity, the granted in case said prisoner chose to stay in
prisoner is required to return within 48 hours from the place of his confinement notwithstanding
the time the President declares that the state of the existence of a calamity or catastrophe
calamity is over. So tapos na, balik na ako. Failure to enumerated in Article 158 of this Code.
surrender, article 158 will come into place.
Now, if the convicted prisoner returns, there is a "This Article shall apply to any prisoner
reward. The reward is that he is entitled for whether undergoing preventive imprisonment
allowance of good behaviour based on the original or serving sentence."
penalty upon him or a reduced penalty of 1/5.
Special time allowance under Art. 98 of the RPC. Now, suppose the offender does not escape during a
calamity or conflagration. So he remains to be loyal.
Now what if he returns only after 48 hours? Can he He tied himself to a post because he did not want to
also be entitled to the reduction of 1/5? offend the government. Would you be entitled to
No. if he returns only after 48 hours, instead of allowance of good behavior? NO. In the old case of
reducing the penalty by 1/5, the prisoner’s sentence Lozadas vs Senas (?) cited in your book, 78 Phil 226,
shall be increased by 1/5 but the basis will not be the “the SC held that such prisoner is not entitled to the
original sentence but only for the remaining benefit provided by the law simply because he did
sentence. But in no case shall it exceed 6 months. not escape.”

Example: The law is absurd. The point of the SC there is you


missed the thrill of escaping (LOL).
Typhoon Ondoy lashed its fury in Northern Luzon. X,
a prisoner at the Baguio City Jail, escaped and he Art. 159. Other cases of evasion of service of
was arrested after a few days. There was no sentence. — The penalty of prision correccional in its
proclamation at the passing of the calamity. He was minimum period shall be imposed upon the convict
charged with evasion of service of sentence in the who, having been granted conditional pardon by the
occasion of a calamity. Is the charge correct? Chief Executive, shall violate any of the conditions of
such pardon. However, if the penalty remitted by the
A. No, he was arrested and did not return. Besides, granting of such pardon be higher than six years, the
there is no announcement of the passing of the convict shall then suffer the unexpired portion of his
calamity. He is liable for evasion of service of original sentence.
sentence under Art. 157 and not under Art. 158.
These are what we call violation of the conditional
The crime of evasion of service may be committed
pardon.
even if the service of sentence is only Destierro and
this is committed when the convict sentenced with Now, what are the elements?
destierro enter the prohibited places or come within
1) That the offender was a convict
the prohibited radius.
2) That he was granted a conditional pardon by
Now if the sentence violated is destierro, the penalty
the Chief Executive
upon the convict is to be said by way of destierro
also not imprisonment. This is because the penalty of 3) That he violated any of the conditions of such
evasion cannot be more severe than the penalty pardon
evaded. Remember that violation of conditional pardon
RA 10592, amending Art. 98 what does it provide? constitutes evasion of service of sentence.
Conditional pardon is a covenant wherein the
Section 4. Article 98 of the same Act is hereby convicted prisoner enters it with the government. It
further amended to read as follows: is a silent contract between the convict and the Chief
Executive. It is in writing and to be effective it must
"ART. 98. Special time allowance for loyalty. – be accepted in writing by the convict. If he does not
A deduction of one fifth of the period of his accept then, there is no contract. If he is released
sentence shall be granted to any prisoner without his conformity to the conditional pardon, the
who, having evaded his preventive pardonee shall not be liable for evasion of sentence.
imprisonment or the service of his sentence So remember, in the study of criminal law, there are
under the circumstances mentioned in Article several kinds of pardon. These are absolute pardon
158 of this Code, gives himself up to the under article 89 and conditional pardon with or
authorities within 48 hours following the without consent of the party. Are there any instances
issuance of a proclamation announcing the that the pardonee was granted conditional pardon
passing away of the calamity or catastrophe even if he did not accept it? YES. Although it’s a
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strong discussion that once a pardonee conceived, once it has been filed the penalty would be prision
accede (?) that he be released from the penal correccional minimum. That becomes a substantive
institution where he is confined, there is an implied offense.
acceptance of the conditions of the pardon.
Now what if tapos na ang remaining portion but you
However, I have read a ruling of the SC saying that just violated the condition of the pardon, what will
conditions in a pardon making an obligation on the happen? Under the second sentence of article 159,
part of the pardonee should be expressly accepted you are going to serve the remaining portion. So will
by the party for it to be valid. That is the rule. you still be liable under article 159? Criminally, no
more but administratively, yes. Because of your
Now, in the violation of conditional pardon, as a rule,
violation of the conditions of your pardon, you are
the violation will amount this crime only if the
going to suffer administratively. And that is by
condition is violated during the remaining period of
serving the unexpired portion. Whereas, if you
the sentence. As a rule, if the condition of the pardon
violated the conditions within the bail period, not
is violated and the remaining unserved portion of the
only will you be serving the remaining portion but
sentence has already lapsed, there will be no more
also, you will be criminally liable of prision
criminal liability for the violation. However, the
correccional. Dili ka pwede na prision correccional na
convict may be required to serve the unserved
lang.
portion of the sentence and he is to continue serving
the original penalty. Now, the administrative liability The second sentence of this article provides that
of the convict under the conditional pardon is once you have committed the violation of the
different and has nothing to do with the criminal conditional pardon AFTER when the violation of the
liability under article 159 in the event that the condition constitutes the evasion of service of
condition of the pardon has been violated. sentence,even though committed beyond the
remaining period of the sentence. That is the rule.
The issue here is w/n the violation of conditional
(Cha: Transcribed this in toto. Mao jud na giingon ni
pardon a substantive offense?
maam. )
Well, we have to make a qualification. There are two
This is when the conditional pardon expressly
situations contemplated under article 159, by the
provides the intention to make the condition
way.
perpetual even beyond the unserved portion of the
1) There is a penalty of prision correccional for sentence. In such a case, the convict may be
the violation of the conditional pardon. required to serve the unserved portion of the
2) There is no new penalty imposed for the sentence even though the violation has taken place
violation of the conditional pardon, instead, when the sentence has already lapsed. That is the
the convict will be required to serve the distinction of the two sentences under article 159.
unserved portion of the sentence. Now, in order that the conditions of the pardon may
Now if the remitted portion of the sentence is less be violated, it is a condition that the pardonee
than 6 years or up to 6 years, there is an imposition receive the conditional pardon. Now if he is released
of prision correccional as cited in the first paragraph, without conformity to the conditional pardon, so
first sentence of this provision. Hence, we can say there is no express acceptance of the pardon, will he
that if that circumstance will arise, then the violation be liable under article 159? NO. For one to be liable
of the conditional pardon becomes a substantive for any of the conditions of the pardon, it must be so
offense. Why? Because once you violated a that the pardonee expressly accepted the pardon
conditional pardon, your penalty will be prision because these conditions in the pardon are
correccional. But if the remitted portion of the obligations upon him.
sentence exceeds 6 years, the violation of the Now article 159 is a distinct felony. It is a substantive
conditional pardon is not substantive because no new crime. For one to be liable or suffer the consequence
penalty is imposed. In other words, you have to of the violation under art 159 the prisoner must be
make a qualification ha. formally charged in court, he may be entitled to a
So, let us say, you are an offender and you accepted court hearing (due process). Only after final
the conditional pardon. The remaining portion when judgment has been rendered can he suffer the
you were pardoned conditionally is 5 years. So out penalty prescribed under art 159. Kindly read the
na ka but somehow, somewhere, you violated the case of Gonzales vs Torres et al 152 SCRA 292.
conditions of the pardon. What will happen to you? Art. 160. Commission of another crime during service
Of course, you will be criminally charged. Dili of penalty imposed for another offense; Penalty. —
automatic na balik ka ha. Tapos file-an taka under Besides the provisions of Rule 5 of Article 62, any
article 159. NO. It should be a formal information person who shall commit a felony after having been
charging you for the violation of article 159. And convicted by final judgment, before beginning to
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serve such sentence, or while serving the same, shall problem is that during the presentation of evidence
be punished by the maximum period of the penalty for the prosecution, the prosecution did not present
prescribed by law for the new felony. any documentary proof that he indeed is a quasi-
recidivist. Meaning, the prosecutor did not get copies
Any convict of the class referred to in this article,
of the decision in Negros Occidental.
who is not a habitual criminal, shall be pardoned at
the age of seventy years if he shall have already The two Informations alleged that both instances of
served out his original sentence, or when he shall rape were attended by the aggravating circumstance
complete it after reaching the said age, unless by of quasi-recidivism. The trial court made no express
reason of his conduct or other circumstances he shall ruling that appellant was a quasi-recidivist, and
not be worthy of such clemency. rightly so. During the trial, the prosecution
manifested that appellant had been convicted by the
We are now in Quasi-Recidivism. Regional Trial Court of Kabangkalan, Negros
Elements: Occidental in Crim. Case No. 013 on March 29, 1988
and was serving sentence for the crime of
1) That the offender was already convicted by final homicide. However, the prosecution failed or
judgment of one offense. neglected to present in evidence the record of
2) That he committed a new felony before appellants previous conviction. Quasi-recidivism, like
beginning to serve such sentence or while serving recidivism and reiteracion, necessitates the
the same. presentation of a certified copy of the sentence
convicting an accused. The fact that appellant was
This article should be taken with what you have
an inmate of DAPECOL does not prove that final
learned in criminal 1 under article 14 on the different
judgment had been rendered against him.
types of criminal repetition. These are recidivism,
habituality, habitual delinquency and quasi- Example:
recidivism. X was convicted of theft and the judgment became
As a review, when one is convicted of a crime and final. Before he could serve his sentence, X
recidivism was presented as a generic aggravating committed attempted homicide. Is X a quasi-
circumstance, his notoriety is announced by calling recidivist? Yes. X is a quasi-recidivist because even
him a recidivist. If it is under habitual delinquency, before he served his sentence he committed
we call him a habitual criminal. If the offender is attempted homicide which is a felony.
convicted a third time or oftener for the crimes of While serving his sentence, he committed another
falsification, estafa, robbery, serious physical injuries, felony? He is still a quasi-recidivist.
we call him a habitual delinquent. In quasi-
recidivism, the offender is a convicted prisoner by
final judgment of a felony or offense, and commits X was convicted of Homicide. While serving his
another felony before beginning to serve the sentence, he committed robbery. Is he a quasi-
sentence or while serving his sentence. If found recidivist? Yes. He is a quasi-recidivist.
guilty, and quasi-recidivism is appreciated, we call
him a quasi-recidivist under art 160.
Is Art. 160 a crime in itself? X was convicted of Falsification. While serving his
sentence, X committed violation of RA 9165. Is he a
No, it is not a crime. Quasi-recidivism is a special quasi-recidivist? No, he is not. While serving his
aggravating circumstance which directs the court to sentence, he committed a crime which is a violation
impose the maximum period of the penalty of drugs law. What the law provides before serving
prescribed by law for the new felony. The court will sentence or serving sentence, the convict must
do away or will ignore mitigating (and aggravating?) commit a felony. A violation of RA 9165 is not felony
in considering the penalty to be imposed. but it is a crime.
PP v. Gaorana, April 27, 1998
- a case that happened in Panabo City. X was convicted of Illegal Recruitment. Before
The accused was convicted of a crime in Kabankalan, serving sentence he committed Murder. Is he a
Negros Occidental. The crime he committed there is quasi-recidivist? Yes.
Homicide. So he was sent to serve his sentence in
DAPECOL. (ngano man niabot didto na taga-negros
man na!) X was convicted of Illegal Possession of Firearm.
Before serving sentence he committed a violation
He raped a young girl inside the DAPECOL. The against BP 22 which is a special law. Is he a quasi-
allegation of the prosecution is that he is a quasi-
recidivist and it was stated in the information but the
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recidivist? No, he is not. Before or while serving his committed another crime. The crime of rape. He was
sentence he committed a crime and not a felony. convicted for rape and prosecution wanted to prove
that he is a quasi-recidivist. However, the
RA 10591 - Read
prosecution did not present the evidence of
Now what is the scenario of the application under art conviction in the trial and the SC refused to consider
160. Now let us say Mr Astillo is found guilty of the that he is a quasi-recidivist. See, kung tan-awon
crime of homicide, the penalty there is pricion nimo grabe jud ka-strikto. Precisely he was there
temporal medium. While on his fifth year of serving serving his sentence, of course you cannot be in a
the sentence, Mr Astillo committed another crime of penal institution if you do not have a final sentence.
homicide. Question, who are you? This time, you are But the SC is very strict. There is a need for the
a quasi-recidivist. prosecution to present that there is a conviction.
Now what about if Mr Astillo was serving the September 4, 2015
sentence for the crime of homicide and while serving
it was found in possession of an unlicensed firearm? September 4, 2015 FIRST HOUR by Ynaaaa
Is he a quasi-recidivst? NO, because the requirement
is that you must have committed another felony
while serving your sentence and illegal possession of SEC. 28. Unlawful Acquisition, or Possession of Firearms
firearms is under a special law. It is not a felony.
and Ammunition. – The unlawful acquisition, possession of
Now, is quasi-recidivism a crime in itself? No,it is a firearms and ammunition shall be penalized as follows:
special aggravating circumstance which directs the
court to impose the maximum period imposed by law
for the felony. The court will do away with any
mitigating circumstances in considering the penalty (a) The penalty of prision mayor in its medium period
shall be imposed upon any person who shall
to be imposed. There will be no authority for the
unlawfully acquire or possess a small arm;
court to impose the mimimun, medium in imposing
the penalty of the felony. The mandate is absolute In the old law, RA 8294, the jurisdiction belonged
and justified by the finding that the accused is to the MTC because the penalty there was only
suffering from moral perversity if not total prisioncorreccional. But now, jurisdiction is no
incognizability (?).
longer with the MTC but with the RTC. And in the
Now what is the requirement for it to be a special new law, they have also categorized the kinds of
aggravating circumstance? It must be properly firearms. I don’t know what the kinds of firearms
alleged in the information. are. I am not Pro-Gun.
What about if it is not alleged in the information but
it was proven by the prosecution that the convict is a
quasi-recidivist? Shall we apply article 160? The new (b) The penalty of reclusion temporal to reclusion
rule under the amended rules of criminal procedure perpetua shall be imposed if three (3) or more small arms
is that for aggravating circumstance to be or Class-A light weapons are unlawfully acquired or
appreciated, it should be properly alleged n the possessed by any person;
information and proven in the trial. If it is not
alleged, it cannot be given any appreciation at all. All
qualifying or generic aggravating circumstance, if it is
not alleged in the information, can be taken out in (c) The penalty of prision mayor in its maximum period
the appreciation of the penalty. shall be imposed upon any person who shall unlawfully
How are you going to prove that he is a quasi- acquire or possess a Class-A light weapon;
recidivist? It cannot just be mere testimony. What
about the fact that he is precisely there in the penal
colony because he is serving a sentence? But the rule (d) The penalty of reclusion perpetua shall be imposed
on the matter is very strict. You know that rules on upon any person who shall, unlawfully acquire or possess
criminal procedure are interpreted strictly in favor of a Class-B light weapon;
the accused. So the rule is, for it to be appreciated,
there is a need for the prosecution to establish the
fact that the accused has been convicted of a felony
and is now in a jail or penal institution serving the (e) The penalty of one (1) degree higher than that
same. You present evidence to prove it. provided in paragraphs (a) to (c) in this section shall be
imposed upon any person who shall unlawfully possess
There was one case, the accused was convicted for
any firearm under any or combination of the following
the crime of murder. While serving his sentence, he
conditions:
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(1) Loaded with ammunition or inserted with a loaded (k) The penalty of prision mayor in its maximum period
magazine; shall be imposed upon any person who shall unlawfully
acquire or possess ammunition for a Class-B light weapon.
If the violation of this paragraph is committed by the
same person charged with the unlawful acquisition or
(2) Fitted or mounted with laser or any gadget used to
possession of a Class-B light weapon, the former violation
guide the shooter to hit the target such as thermal
shall be absorbed by the latter.
weapon sight (TWS) and the like;

SEC. 29.Use of Loose Firearm in the Commission of a


(3) Fitted or mounted with sniper scopes, firearm muffler
Crime. – The use of a loose firearm, when inherent in the
or firearm silencer;
commission of a crime punishable under the Revised Penal
Code or other special laws, shall be considered as an
aggravating circumstance (You can also find that in the old
(4) Accompanied with an extra barrel; and law): Provided, That if the crime committed with the use
of a loose firearm is penalized by the law with a maximum
penalty which is lower than that prescribed in the
(5) Converted to be capable of firing full automatic bursts. preceding section for illegal possession of firearm, the
penalty for illegal possession of firearm shall be imposed
in lieu of the penalty for the crime charged: (This is new!)
Provided, further, That if the crime committed with the
(f) The penalty of prision mayor in its minimum period use of a loose firearm is penalized by the law with a
shall be imposed upon any person who shall unlawfully maximum penalty which is equal to that imposed under
acquire or possess a major part of a small arm; the preceding section for illegal possession of firearms, the
penalty of prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime
(g) The penalty of prision mayor in its minimum period punishable under the Revised Penal Code or other special
shall be imposed upon any person who shall unlawfully laws of which he/she is found guilty. (This is what we call
acquire or possess ammunition for a small arm or Class-A the two-tiered penalty)
light weapon. If the violation of this paragraph is
committed by the same person charged with the unlawful
acquisition or possession of a small arm, the former If the violation of this Act is in furtherance of, or incident
violation shall be absorbed by the latter; to, or in connection with the crime of rebellion of
insurrection, or attempted coup d’ etat, such violation shall
be absorbed as an element of the crime of rebellion or
(h) The penalty of prision mayor in its medium period shall insurrection, or attempted coup d’ etat.
be imposed upon any person who shall unlawfully acquire
or possess a major part of a Class-A light weapon;
If the crime is committed by the person without using the
loose firearm, the violation of this Act shall be considered
(i) The penalty of prision mayor in its medium period shall as a distinct and separate offense.
be imposed upon any person who shall unlawfully acquire
or possess ammunition for a Class-A light weapon. If the
violation of this paragraph is committed by the same Now, let’s summarize Sec. 29. Go back to the question.
person charged with the unlawful acquisition or What was the question? When an unlicensed firearm is
possession of a Class-A light weapon, the former violation used in the commission of a crime. Summarize Sec. 29.
shall be absorbed by the latter; The use of a loose firearm or an unlicensed firearm, when
inherent in the commission of a crime, is an aggravating
circumstance. If it is not inherent in the crime, the
(j) The penalty of prision mayor in its maximum period following rules must be observed:
shall be imposed upon any person who shall unlawfully
1) If the penalty for the crime committed is higher
acquire or possess a major part of a Class-B light weapon;
than the penalty prescribed for illegal possession,
and
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illegal possession shall be considered as a generic one country to another. So if people from Tawi-tawi will
aggravating circumstance purchase loose firearms from Indonesia, then you can say,
2) If the penalty for the crime committed is lower ahhhhh that constitutes arms smuggling.
than the penalty prescribed for illegal possession,
the penalty for illegal possession shall be imposed
3) If the penalty for the crime committed and the
penalty prescribed for illegal possession are equal, Now, will a barangay captain carrying an unlicensed
the penalty of prision mayorin its minimum period firearm while walking around his barangay, be prosecuted
shall be imposed in addition to the penalty for the
under the new Firearms Law? The question should be: Can
crime committed
the barangay captain... Kasi, the fact that you are
unlicensed is absolute eh. Even if you are the barangay
So these are the rules that we are going to follow under captain but you have no license to possess firearms, there
the new law now. In the crimes of rebellion, sedition or is a violation there. No one is exempted. But what if the
coup d’etat, these are inherent. Based on the case of barangay captain is licensed to possess a firearm but does
Enrile v Amin and Enrile v Salazar, if a special law is not have a PTCFOR? The question should be phrased like
violated in furtherance of the crime of rebellion, the rule is this: May a barangay captain carrying a licensed firearm,
that the violation of the special law (Illegal Possession of but without any PTCFOR, be prosecuted under the new
Firearms) will be considered as absorbed in the Firearms Law? This is wrongly phrased noh.
commission of the crime of rebellion. And this is also true
in the new law now. So remember the rule ha.

SEC. 31.Absence of Permit to Carry Outside of Residence. Now, go to the case of Artillero v Casimero. The SC said
– The penalty of prisioncorreccional and a fine of Ten that the authority of the barangay captain to carry his
thousand pesos (P10,000.00) shall be imposed upon any firearm outside his residence was rooted in the authority
person who is licensed to own a firearm but who shall given to him by the LGC. Section 389 of the LGC provides
carry the registered firearm outside his/her residence that “In the performance of his peace and order functions,
without any legal authority therefor. the punong barangay shall be entitled to possess and
carry the necessary firearm within his territorial
jurisdiction, subject to appropriate rules and regulations.”
As long as the punong barangay is within his barangay, he
This is the only instance where the MTC will acquire cannot be separated from his duty to maintain peace and
jurisdiction because the penalty is only prisioncorreccional. order. But my critique to this kind of argument raised by
Right now, under the new law, we need to have a PTCFOR the SC is that there is no provision in the old law and even
(Permit to Carry Firearm Outside of Residence). So, it’s not in the law that would exempt the barangay captain from
enough that you are in possession or that you are legally getting a PTCFOR. The only issue is whether or not he has
allowed to possess a firearm. It is also a must that should to get a PTCFOR. The SC agreed with the contention that
you carry your firearm outside your residence, you need to he did not have a PTCFOR but it does not mean that just
have a PTCFOR. Who gives you the PTCFOR? Camp because he need not have a PTCFOR, that that would
Crame. It’s the Camp Crame. So it’s not easy to apply for a exempt him from getting a permit. There’s something
PTCFOR. Even judges are not exempted. We are not even wrong with the decision. Read it for yourself.
exempted. Yesterday, a judge was killed somewhere there
in _____. He was a new judge. Patay.

If you will be confronted with that kind of problem in the


Bar examination, on the authority of the barangay captain,
Now, what is arms smuggling? Of course you cannot find can he be prosecuted under the new Firearms Law?
that in the old law. Sec. 3(d) Arms smuggling refers to the Without a license to possess and without a PTCFOR? I
import, export, acquisition, sale, delivery, movement or would like to encourage you to qualify your answer. There
transfer of firearms, their parts and components and is no exemption for anyone to acquire or possess a firearm
ammunition, from or across the territory of one noh? He must have a license to possess. But in the case of
country to that of another country which has not a barangay captain, he need not have a PTCFOR by
been authorized in accordance with domestic law in either reason of Sec. 389 of the LGC and the case of Artillero v
or both country/countries. Casimero. Please be careful if you will be confronted with
that kind of problem.

So if people in Tawi-tawi will purchase loose or unlicensed


firearms from Vigan, does that constitute arms smuggling? What is the effect of carrying an unlicensed firearm? This
No, it does not. Based on the definition, it should be from is not new anymore. Sec. 1(4) of RA 8294 provides "If the
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violation of this Sec. is in furtherance of or incident to, or upon any person who shall knowingly make use of the
in connection with the crime of rebellion or insurrection, counterfeit seal or forged signature or stamp mentioned in
sedition, or attempted coup d'etat, such violation shall be the preceding article.
absorbed as an element of the crime of rebellion, or
insurrection, sedition, or attempted coup d'etat.”

Now, under Article 162, take a look at the elements of the


crime. The offender in this article should not be the forger.
Let’s proceed to Title IV - Crimes against Public Interest.
Crimes under this Title are perpetrated against the public
in general, for which reason they are called crimes against
Art. 163. Making and importing and uttering false coins. —
public interest.
Any person who makes, imports, or utters, false coins, in
connivance with counterfeiters, or importers, shall suffer:

Art. 161. Counterfeiting the great seal of the Government 1. Prision mayor in its minimum and medium periods and
of the Philippine Islands, forging the signature or stamp of a fine not to exceed P10,000 pesos, if the counterfeited
the Chief Executive. — The penalty of reclusion temporal coin be silver coin of the Philippines or coin of the Central
shall be imposed upon any person who shall forge the Bank of the Philippines of ten centavo denomination or
Great Seal of the Government of the Philippine Islands or above.
the signature or stamp of the Chief Executive.
2. Prisioncorreccional in its minimum and medium periods
and a fine of not to exceed P2,000 pesos, if the
counterfeited coins be any of the minor coinage of the
What are the acts that are being punished here? Philippines or of the Central Bank of the Philippines below
ten-centavo denomination.
1. Forging the Great Seal of the Government of the
Philippines 3. Prisioncorreccional in its minimum period and a fine not
2. Forging the signature of the President to exceed P1,000 pesos, if the counterfeited coin be
3. Forging the stamp of the President
currency of a foreign country. (As amended by R.A. No.
4202, approved June 19, 1965).
Now, there is deceit employed in the commission of the
crime under Article 161, just like in Estafa or Swindling.
However, in Estafa, the deceit is employed against a There are 3 kinds of coins in our country, the
particular person or a group of persons. But in the crime counterfeiting of which is punished:
of forgeries contemplated under Article 161 and 162, the
deceit is against the public in general. Now, what is 1. Silver coins of the Philippines or coins of the BSP
contemplated under Article 161 is a situation where the 2. Coins of the minor coinage of the Philippines or
offender counterfeits the Great Seal of the government. the BSP
3. Coins of the currency of a foreign country
And after forging the Great Seal, the signature of the
President or the stamp of the President, he is found in
possession of the same. So the fact of forging is what is Is mere possession of counterfeit money a crime? For
punished under the law, under Article 161 and 162. If the example, you have a 500-peso counterfeit bill there and
forged signature of the President is used to defraud a you always put that in your wallet. Does your act of
particular person or individual, and the deceit employed possessing it already constitute a crime? The answer is no.
violates the provisions of Article 315 (Estafa), the crime Mere possession of counterfeit money is not a crime. To
committed will not be forgery or falsification under Article constitute a crime, the possession must be coupled with
161 but pure and simple, Estafa under Article 315. It must intent to use any of such counterfeit money.
be so because damage is caused to a particular person,
and not the interest of public. In the same manner, if the
forged signature is used to pardon a convict, then the
You know, I convicted someone before for counterfeiting
crime would be forging the signature of the Chief
under Article 163. You know what he did? By virtue of a
Executive under 161 because obviously, it is a crime
search warrant issued by me, because it was raffled to my
committed against the public in general.
court, I convicted him. He counterfeited a 100-dollar bill.
So ako, kay ignorante man ko. Kung akomakadawatsa bill,
definitely I cannot distinguish if it’s real or not. Pero
Art. 162. Using forged signature or counterfeit seal or sigurokamo, mgadatomo, maka-distinguish mokung
stamp. — The penalty of prision mayor shall be imposed counterfeit. So several $100 bills were confiscated from his
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residence. Aside from that, P500 and P1000 were also Piolo, in connivance with a politician, distributed
confiscated along with several paraphernalia used in the counterfeit money to voters, knowing fully well that the
making of the $100, P500 and P1000 bills. money is counterfeit. Question: Is Piolo liable? The answer
is yes. It having been established that Piolo acted in
connivance with the counterfeiting, it is not necessary
anymore to prove that he knew the money he gave was
He posted a bail bond, because that’s a bailable offense
counterfeited. The connivance actually shows that he has
eh. When he posted the bail bond, it wasn’t a cash bond
knowledge thereof and he actually used it.
but a surety bond. When he posted the surety bond, it
was then that I found out… Kasi he jumped bail eh, so I
had to confiscate the surety bond posted. Eh the surety
bond he posted is also a counterfeit! Nasukoko kay ______ why PDEA ceases to produce and reproduce
naungusankosaungas. It was only at that time that we counterfeit money. They produce counterfeit money for
found out na falsified man diayang surety bond. Okay. So use during buy-bust operations. For example, if I am a
there was a trial in absentia, and I convicted him. And one poseur buyer and I want to purchase 100,0000pesos
of the witnesses presented was a manager from the shabu, I will only utilize one genuine bill and the others
Central Bank. And when she testified inside the courtroom, will be counterfeit na para pudsiya’gnagmukhang 1000.
ahhhhh, daghan kayo siya’g explanation noh. Jam-packed Kay halos pare-parehagihaponsiya’g colors, only that the
akongkorte! So many people listening to her _______ serial numbers are all the same. ______, and then what
testimony. I halted her testimony and declared “you would be the assurance of the public that the one who is
continue your testimony inside my chamber.”Ngano man? preparing that counterfeit money will not go public [with
I do not want many people to hear her testimony, because the counterfeit bills he produced]? ‘Di ba?Kahadloknoh?
they will perfect the crime. Kay angilahang 1000-peso bill muranapud 1000. Kung
akoanggipagunitanato, mailadpudko. So they stopped that
na, and they devised another way to interject the buy-bust
by not producing or reproducing counterfeit bills. It is very
So eventually, I convicted the accused. Kinsa man
difficult. Kay kungakotaga-PDEA at in-charge sapag-
angakongprisuhon? Eh at large man. So I issued an order
reproduce, magkuhadiayko’g lima dihataga-adlaw.
for his arrest. Two years after I convicted him, he was
arrested there in Digos. What happened? He ate in a
carenderia and he paid a 500-peso counterfeit bill.
Nadakpandidto.Pag-check kosa CIDG, naa’y outstanding Now, remember that when we talk about coins,
warrant of arrest from me. See? When he was brought to counterfeiting of coins includes whether it is legal tender
my court for the issuance of the commitment order, or not.Legal tender or not,if it is a coin that is involved,
wanako’ytingogtingog. I just looked at him and made my pwede.Counterfeiting of coins yan. Take note that in the
big smile. But inside my chamber… YES! YES! YES! crime of counterfeiting, the object of the law is not the
fraud to be perpetrated on the public. Even if the coin is
no longer a legal tender, the act of imitating or
manufacturing the coin of the government is illegal and is
Now, X went to SM grocery and purchased food stuff for
penalized. The law prohibits people from trying to imitate
the celebration of the birthday of MM. He paid the
the manufacture of money. Hence, it is not necessary that
groceries with three P1000 bills. When the cashier looked
the coin counterfeited is still of legal tender.
at the bills, she had doubts if they were genuine. She
compared them with genuine money and she discovered
that the bills are counterfeit. Question: Is X liable for the
possession of counterfeit money? The answer is no. Two If the coin is old, antique or vintage already, the crime of
elements must be present: counterfeiting is still committed. The motivating rationale
is that if people would be allowed to imitate money just
a) Intent to use the counterfeit money; and because it is no longer of legal tender, then they will be
emboldened to counterfeit coins of legal tender. This will
b) Knowledge that the money in his possession is
result to confusion to the public and to the government as
counterfeit money.
well. The act of counterfeiting coins must be nipped from
These two elements are not attendant in the present case. the very bud, and counterfeiting should be penalized from
It’s a matter of case-to-case basis to determine whether the very start whether the coin is of legal tender or not.
he has the intent by his actions.

Art. 164. Mutilation of coins; Importation and utterance of


mutilated coins. — The penalty of prisioncorreccional in its
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minimum period and a fine not to exceed P2,000 pesos would accept it. So nobody can be defrauded. But if the
shall be imposed upon any person who shall mutilate coins coin is of legal tender and the offender minimizes or
of the legal currency of the United States or of the decreases the precious metal dust found in the coin, then
Philippine Islands or import or utter mutilated current the crime of mutilation is committed.
coins, or in connivance with mutilators or importers.

We have a special law dealing to that effect. We have PD


There are two acts being punished here: 247, the law on DEFACEMENT, MUTILATION, TEARING,
BURNING OR DESTRUCTION OF CENTRAL BANK NOTES
1. Mutilating coins of the legal currency AND COINS. It is provided there that it shall be unlawful
for any person to willfully deface, mutilate, tear, burn or
2. Importing or uttering such mutilated coins
destroy, in any manner whatsoever, currency notes and
coins issued by the Central Bank of the Philippines.

The first act of falsification or falsity are ______.


Counterfeiting refers to money or currency. Forgery refers
Now, when the image of Jose Rizal… Kinsangaangnaasa
to instruments of credit and obligations and securities. And
20-peso bill? So the image of Manuel Quezon is
falsification, which can only be committed in describing
transformed into that of the face of Sam Milby… Now, the
particular documents. Remember the term. Be careful
question is, is there a violation of PD 247? Yes. Actually
when using the term. When you talk about money or
noh, even before, kasi I came from a province.
currency, the term to be used is “counterfeiting”. So if the
Usonasaunasaamoang time angmagsulatsa 5-peso bill.
money is fake and you are the one who made it fake, the
Gwapo ‘to kay green ang color.Isulat man namo among
crime that you committed is counterfeiting. Bale, ‘paggi-
ngalantaposangamoang theory is, ________. So
falsify nimoang money, that’s counterfeiting. But if the act
ibutangang among address. So if you’re going to send a
of falsifying refers to the instruments of credit and
letter to us, you will be our soulmate. That was a crime,
obligations and securities, like a lotto ticket, that is an
actually. That’s defacement. Nalokona. Do not do that
obligation on the part of government to pay whoever is
anymore ha. That’s a thing of the past. Wala narinnamang
the holder of the winning ticket. That act is called forgery.
5-peso bill. 5-peso coin na.
But what about if the one being falsified is a document,
altered or whatever? We call that falsification. Insofar as
coins in circulation are concerned, there are two crimes
that may be committed: Sometime before Martial Law was imposed, the people lost
confidence in banks that they preferred hoarding their
1. Counterfeiting of coins - crime of remaking or money than depositing them in the banks. But I had a
manufacturing without any authority to do so client before noh, he doesn’t believe in the wisdom of
banking. He had so many… kana bang boat, daghankayo
2. Mutilation of coins - refers to the deliberate act of
siyangbangkaparangmangingisda. So, daily
diminishing the proper metal contents of the coin either by
angkwarta.Saka, saka, saka. And he’s the kind of guy that
scraping, scratching or filling the edges of the coin and the
doesn’t believe naangkwartaibutangsabangko. Kay
offender gathers the metal dust that has been scraped
nagtuosiyanangano man anglaingtao__________. So what
from the coin
he did is, he placed all his money… ‘Di bakanang door, ‘di
banaa’ytungatungaana. In the middle of it, naa’y hollow.
That’s where he placed all his money bills. The wife
What are the requisites of mutilation under the RPC? dismantled it and gave it to some other people.
Maayonalangiyahang _______. The truck where the door
1. The coin mutilated is of legal tender
was loaded was on its way padulongTagum.
2. The offender gains from the precious metal dust
abstracted from the coin Sakaynasiyasaiyang motor, _________. Asa man
siyapadulong??Something somethingsukua door
walagyudsiya’y trust sabangko. But can you force him?
It has to be a coin. Mutilation of coins is a crime only Can you force him to do that?
when the coin mutilated is legal tender. If the coin whose
metal content has been depreciated through scraping,
scratching, or filling the void where the offender collected
*Sorry, perohindikotalaga kaya i-transcribe ‘yung tips ni
the precious metal dust…Even if you would use the coin
Judge kung saandapatitagoangpera. UbosnaBisaya words
after its intrinsic value has been reduced, nobody would
kohuhuhu*
accept this thing. If it is not legal tender anymore, nobody

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President Marcos declared upon the imposition of Martial Art. 166. Forging treasury or bank notes on other
Law, that all bills without the BagongLipunan sign on them documents payable to bearer; importing, and uttering
will no longer be recognized. Because of this, the people such false or forged notes and documents. — The forging
had no choice but to surrender their money and have or falsification of treasury or bank notes or certificates or
them exchanged for those with the BagongLipunan sign. other obligations and securities payable to bearer and the
However, people who came up with a lot of money were importation and uttering in connivance with forgers or
also being charged for hoarding. For this reason, certain importers of such false or forged obligations or notes,
printing presses did a stamping of the BagongLipunan sign shall be punished as follows:
to avoid prosecution. So, was there a violation of PD 247?
Yes. The act of the printing press violated PD 247. 1. By reclusion temporal in its minimum period and a fine
TatakkadihaogBagongLipunan without any authority from not to exceed P10,000 pesos, if the document which has
the Central Bank. That is a violation. been falsified, counterfeited, or altered, is an obligations
or security of the United States or of the Philippines
Islands.

An old woman who was a cigarette vendor refused to The word "obligation or security of the United States or of
accept a 1-centavo coin as payment of the vendee for the the Philippine Islands" shall be held to mean all bonds,
cigarettes. Then came the police who advised her that she certificates of indebtedness, national bank notes,
has no right to refuse since the 1-centavo is legal tender. fractional notes, certificates of deposit, bills, checks, or
On this, the old woman accepted the 1-centavo in her drafts for money, drawn by or upon authorized officers of
hands and then threw it on the face of the vendee and the the United States or of the Philippine Islands, and other
police. Is the old woman guilty of violating PD 247? Yes, representatives of value, of whatever denomination, which
she is guilty because if no one ever picks up the coin, her have been or may be issued under any act of the
act will result to the diminution of the coins in circulation. Congress of the United States or of the Philippine
Legislature.

2. By prision mayor in its maximum period and a fine not


A certain customer in a restaurant wanted to show off and to exceed P5,000 pesos, if the falsified or altered
used a 20-peso bill to light a cigarette. Is he guilty of document is a circulating note issued by any banking
violating PD 247? Yes, he is guilty because anyone who is association duly authorized by law to issue the same.
in possession of defaced money is the one who is the
violator of PD 247. The intention of PD 247 is not to 3. By prision mayor in its medium period and a fine not to
punish the act of defrauding the public but to punish the exceed P5,000 pesos, if the falsified or counterfeited
act of destruction of money issued by the Central Bank of document was issued by a foreign government.
the Philippines. Take note that persons making bracelets
out of some coins violate PD 247. That is why, one time 4. By prision mayor in its minimum period and a fine not
nagkasalko outside the court, angginawang cord tag-25 to exceed P2,000 pesos, when the forged or altered
centavos. Gitusok-tusokang cord, lisodmgasabapud. document is a circulating note or bill issued by a foreign
bank duly authorized therefor.

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


connivance. — The person who knowingly, although There are three acts being punished here:
without the connivance mentioned in the preceding
1. Forging or falsification of treasury or bank notes or
articles, shall possess false or mutilated coin with intent to other documents payable to bearer
utter the same, or shall actually utter such coin, shall 2. Importation of such false or forged obligations or
suffer a penalty lower by one degree than that prescribed notes
in said articles. 3. Uttering of such dales or forged obligations or
notes in connivance with the forgers or importers

There are only two acts being punished here: Forgery – the act of erasing, substituting, counterfeiting or
altering by any means the figures, letters, words, signs
1. Possession of coin, counterfeited or mutilated by contained in a genuine document. It can also be done by
another person, with intent to utter the same, giving a commercial bank note the appearance of a true
knowing that it is false or mutilated (distribute)
and genuine document
2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated
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2. By erasing, substituting, counterfeiting or altering by


any means the figures, letters, words or signs contained
This article punishes forgery of securities, which may therein.
consist of bonds or certificates of indebtedness. That is
why it is error on the part of lawyers to use “forgery”
when what is falsified is a deed of sale. What is the proper
term? The crime is called falsification. You will only use The situation contemplated under paragraph 1 refers to a
“forgery” when what are falsified are those bonds, person who commits forgery with respect to an instrument
obligations and securities issued by the Government of the that is not genuine, but which is made to appear as
Philippines. genuine or authentic. Forgery is committed for as long as
the document involved is a treasury or bank note or any
instrument payable to bearer or order.

Be careful when using the words “forgery” and


“falsification”. Article 166 uses the word “forgery” to
describe the crime committed, thus giving the impression But in paragraph 2, the instrument here is genuine but the
that forgery and falsification are one and the same. But for alteration is introduced to change its meaning. It would
Article 166 to apply, the document that must be falsified appear that even if the change does not materially affect
should be a treasury or bank note or certificate or any the integrity of the document, forgery is still committed.
obligations and securities payable to bearer. If the What is being protected by the law is not the interest of a
falsification is done on a document that is classified as a particular individual but public interest in general.
government security, the crime is punishable under Article
166. Otherwise, it would be a violation of either Article 171
or Article 172. The essence of forgery is giving a document the
appearance of a true and genuine document. Not any
alteration of a letter, number, figure or design would
Art. 167. Counterfeiting, importing and uttering amount to forgery. At most, it will only be frustrated
instruments not payable to bearer. — Any person who forgery. Take note ha, when what is being counterfeited
shall forge, import or utter, in connivance with the forgers are obligations or securities issued by the government,
or importers, any instrument payable to order or other which under the RPC is given the status of money or legal
document of credit not payable to bearer, shall suffer the tender, the crime committed is counterfeiting. If it is
penalties of prisioncorreccional in its medium and securities and obligations, we call it forgery. And if it is an
maximum periods and a fine not exceeding P6,000 pesos. ordinary document, we call it falsification.

Alright, let’s not dwell on that. Here’s a problem: X replaced the amount of $10 to $100.
The alteration is so imperfect that it is very visible that it is
not genuine. Is X liable for counterfeiting? If not, what
crime is committed? The answer is NO, X is not liable for
Art. 168. Illegal possession and use of false treasury or counterfeiting. Under the law, the currency note must be
bank notes and other instruments of credit. — Unless the counterfeited to give it the appearance of a genuine
act be one of those coming under the provisions of any of currency. In this case, nobody would be deceived because
the preceding articles, any person who shall knowingly use one could easily notice that it is a counterfeit. At most, he
or have in his possession, with intent to use any of the will only be liable for frustrated counterfeiting.
false or falsified instruments referred to in this section,
shall suffer the penalty next lower in degree than that
prescribed in said articles.
What are the five classes of falsification?

1. Falsification of legislative documents (Art. 170)


Art. 169. How forgery is committed. — The forgery
referred to in this section may be committed by any of the 2. Falsification of a document by a public officer, employee
following means: or notary public (Art. 171)

1. By giving to a treasury or bank note or any instrument, 3. Falsification of a public or official, or commercial
payable to bearer or order mentioned therein, the document by a private individual (Art. 172, par. 1)
appearance of a true and genuine document.

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4. Falsification of private document by any person (Art. no application because it is limited only to the House of
172, par. 2) Legislature, municipal council or provincial board.

5. Falsification of wireless, telegraph and telephone


messages (Art. 173)
Art. 171. Falsification by public officer, employee or notary
or ecclesiastic minister. — The penalty of prision mayor
and a fine not to exceed P5,000 pesos shall be imposed
What are the different kinds of documents? upon any public officer, employee, or notary who, taking
advantage of his official position, shall falsify a document
1. Public document – any instrument authorized by a
notary public or a competent public official or by committing any of the following acts:
placed under oath by public officers, with the
solemnities required by law; a document created, 1. Counterfeiting or imitating any handwriting, signature
executed or issued by a public official in response or rubric;
to the exigencies of the public service, or in the
execution of which a public official intervened 2. Causing it to appear that persons have participated in
2. Official document – any instrument issued by the any act or proceeding when they did not in fact so
government or its agents or its officers having the participate;
authority to do so; a document issued by a public
official in the exercise of the functions of his 3. Attributing to persons who have participated in an act
office; it is also a public document or proceeding statements other than those in fact made
3. Commercial document – any document defined by them;
and regulated by the Code of Commerce or any
other commercial law; documents or instruments 4. Making untruthful statements in a narration of facts;
used by merchants or businessmen to promote or
facilitate trade; ex. checks issued for payment 5. Altering true dates;
4. Private document – any instrument or deed
executed by a private person or between private 6. Making any alteration or intercalation in a genuine
persons without the intervention of a notary public document which changes its meaning;
or other person legally authorized, by which
document some disposition or agreement is 7. Issuing in an authenticated form a document purporting
proved, evidenced or set forth; it is executed by
to be a copy of an original document when no such
and between two private individuals; ex.
promissory note without any intervention of notary original exists, or including in such a copy a statement
public contrary to, or different from, that of the genuine original;
Art. 170. Falsification of legislative documents. — The or
penalty of prisioncorreccional in its maximum period and a
fine not exceeding P6,000 pesos shall be imposed upon 8. Intercalating any instrument or note relative to the
any person who, without proper authority therefor alters issuance thereof in a protocol, registry, or official book.
any bill, resolution, or ordinance enacted or approved or
The same penalty shall be imposed upon any ecclesiastical
pending approval by either House of the Legislature or
minister who shall commit any of the offenses enumerated
any provincial board or municipal council.
in the preceding paragraphs of this article, with respect to
any record or document of such character that its
falsification may affect the civil status of persons.
Elements:

1. That there be a bill, resolution or ordinance


enacted or approved or pending approval by either Document:
House of the Legislature or any provincial board or
municipal council 1. any written instrument which establishes a right or
2. That the offender alters the same by which an obligation is extinguished
3. That he has no proper authority therefor 2. a deed or agreement executed by a person setting
4. That the alteration has changed the meaning of forth any disposition or condition wherein rights
the document and obligations may arise
3. a writing or instrument by which a fact may be
proven and affirmed
The legislative documents referred to are the bills,
resolutions or ordinances that have been enacted, When I was a private practitioner, may mag-asawang nag-
approved or pending approval by Congress or its local away.Magbulagnamo! Then, they executed an agreement
counterparts. When what is falsified is a resolution or and they wanted me to notarize it. They stated there that
ordinance enacted by a barangay council, Article 170 has one of the stipulations is that they can live separately with

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their own chosen partner, without the other party. Kasi 2. Causing it to appear that persons have
severed naang relationship eh. So they wanted me to participated in any act or proceeding when they
notarize it. And I remembered my Legal Ethics. Di man did not in fact so participate
For example, in a meeting of the City Council of Quezon
napwedeuy. It’s against public policy. Never notarize those
City, Councilor X was absent. In order to reflect in the
kinds of documents.
records that there was a quorum, the councilors present
*kwento about Guardians* made it appear that Councilor X was present and that he
participated therein. The ones who caused the falsification
Under this article, only public officers, employees or are liable under Article 171(2).
notaries public or ecclesiastic ministers can be offenders.
The offender takes advantage of his official position by Another example: A check is made payable to Mr. ABC.
falsifying any of the documents mentioned in Article 171. The offender endorsed the check by writing the name of
Either he has the duty to intervene in the preparation of ABC. He did not counterfeit, imitate or falsify the signature
the document or the public officer has official custody over of the payee. In so doing, while there is no imitation, he is
the document. So even if the offender is a public officer, if still liable for falsification for making it appear that the
he causes the falsification of the document which is not in payee participated in any act or proceeding when he did
his official custody or if the falsification committed by him not in fact so participate
is not related to the performance of his duties, he will still
be liable for falsification under Article 172.
3. Attributing to persons who have participated in an
act or proceeding statements other than those in
A clerk of court who maliciously and deliberately changes
fact made by them
the return of the summons issued in a civil case, such that For example, A and B are the owners of a parcel of land.
instead of the statement “Not Duly Served”, he falsifies the In a civil suit they filed against C, A and B requested a
same by placing the words “Duly Served” and for which a friend D to represent them in the suit since they were
judgment by default was rendered by the court against the illiterate. When D went to the notary public to prepare the
defaulting defendant, then the clerk of court is liable for special power of attorney, in conspiracy with the notary
falsification under Article 171. public, a deed of sale for the land belonging to A and B
was executed in favor of D. Since A and B are illiterate,
Now, supposing the falsification was done by a municipal
they signed the document. They never appeared before
mayor. So he falsified the summons, so that instead of
the notary public. In this case, D was held liable for
“Not Duly Served”, he falsifies the same by placing the
falsification for attributing to A and B who have
words “Duly Served”. Is he liable under Article 171? The
participated in an act or proceeding statements other than
answer is no because although he is a public officer, he
those in fact made by them
did not take advantage of his official position in causing
the falsification. He is however liable for falsification under
Article 172.
4. Making untruthful statements in a narration of
facts
1. Counterfeiting or imitating any handwriting, Elements:
signature, or rubric
For example, a court employee imitated the signature of a 1. That the offender makes in a document statements in a
judge in the order of release of a detention prisoner. The narration of facts
document is, of course, genuine. The kind of falsification is
committed by imitating the genuine signature of the 2. That he has a legal obligation to disclose the truth of
judge. the facts narrated by him

3. That the facts narrated by the offender are absolutely


false
Another example: The Sandiganbayan has 5 divisions.
Each division has 3 justices, where one of them acts as a 4. That the perversion of truth in the narration of facts
Chairman. The unanimous vote of all the justices is was made with the wrongful intent of injuring a third
required to render a decision. If the decision is signed by person
only 2 justices, and the signature of the third justice was
imitated by the Chairman in order to make it appear that
there was unanimity in rendering the decision, the For example, Y is a Bar candidate. He filled up the
Chairman is guilty of falsification under the Article 171(1). application form to take the Bar exam. In the form, there
is a question “Have you ever been charged or convicted of
any crime involving moral turpitude?” and Y answered no,

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even if he was previously convicted of robbery. Y is liable Wrongful intent to injure knowledge of the absolute falsity
for falsification because he had a legal obligation to of the facts narrated by him.
disclose the truth of the facts narrated by himand he made Example:
untruthful statements in a narration of facts.
A municipal treasurer issues a certificate to the effect that
funds are available for reconstruction of municipal bridge.
On the basis of such certification, the municipal mayor
Another example: M is an employee of SSS. He filed an entered into a contract with a private contractor for the
implementation of the project after a public bidding. If it
application to take the CS Examination. He filled up the
turns out that there are no available funds for such project
form and lied about his college degree because in truth, and the certification was issued by treasurer with full
he did not graduate from any college. He passed the CS knowledge that there are actually no funds to construct a
Examination. He was charged for falsification. The charge bridge then, the municipal treasurer is liable for
was correct because he had a legal obligation to disclose falsification under the 4th paragraph.
the truth of the facts narrated by him, and yet, he did not
do so. He therefore made an untruthful statement.
“Altering true dates”
For falsification to take place under this paragraph, the
date of the document must be material to the crime
In the same problem, before filling up the form, what if M created or to the obligation that is extinguished. So if in a
asked an employee of the CSC if he is considered a college promissory note the indebtedness is due 30 days from
graduate because he has completed all the academic execution and the offender debtor alters the date of
requirements in the course and he only lacks 1.5 units of execution such that instead of January 1, 1999, it was
made January 1, 2000. There is what we call falsification
Military Science. Thereafter, the employee advises M that
because the date is essential to the agreement between
he is considered a college graduate because Military the parties.
Science is not considered an academic requirement of the
course. If you were the lawyer of M, what would be your
defense? MISTAKE OF FACT. Remember that falsification On March 21, 2010, SPO1 Bautista arrested and detained
is an intentional offense. M had no wrongful intent when Bilbo without a warrant because the latter inflicted
he filled up the form. He inquired with a CSC employee physical injuries on Budol in his presence. Under Art 125
of the RPC, SPO1 Bautista should have the case in court
about his status, and he was advised that he is considered
within 12 hours from the time of the warrantless arrest. So
a college graduate. he put in the blotter the date March 21, 2010 as the date
of arrest. For a reason or another, SPO1 Bautista failed to
file a case within the reglementary period provided for. It
Martin is an employee of the SSS. He filed an application was only in March 24, 2010 that he realized that he
to take the Civil Service 1st grade Examination. He filled up detained Bilbo beyond the time allowed by law. To avert
the application form and filled up college graduate in the criminal prosecution for arbitrary detention, SPO1 Bautista
space provided for but the truth is he did not graduate altered the date. He changed the date March 21 to March
because he lacked 1.5 units in Military Science. He passed 23. SPO1 Bautista is liable for falsification.
the examination but it was found out though that he did An honest alteration in order to make a document speak
not graduate college because of his deficiencies then, he for the truth is not falsification because the essence of
was charged for falsification. Is the charge correct? falsification is to make a document speak of a falsity.
A. Yes, the charge is correct. He had the legal obligation Thus, if an alteration is made to rectify a document to
to disclose the truth of the facts narrated by him but he speak the truth then, the falsification is not committed.
did not do so.
In the same situation, what if before Martin filled up the “Making any alteration or intercalation in a genuine
application form he asked an employee of the Civil Service document which changes its meaning”
that he be considered a college graduate because he had
finished all the academic requirements of the course and Example:
he lacks only 1.5 units of Military Science and the The police blotter is an official document of record. For a
employee advised him that he be considered a college crime committed in September 6, 1930, Mr. Juan was
graduate because of the fact that Military Science is not an arrested and his detention was entered into a police
academic requirement, if you were the lawyer for Martin blotter. He was able to post bail on the same day. The
what will be your defense? order of release was likewise entered into the police
A. US v. Ah Chong. You can use that as a defense. Mistake blotter however; notwithstanding the order of release the
of fact. I will invoke honest mistake of fact as a defense. police continue to detain Juan in jail. The chief of police
Remember that falsification is an intentional felony, he had was charged with arbitrary detention to escape criminal
no wrongful intent when he made the entries in the liability he altered the entries in the police blotter by
application form. making it appear that the accused Juan was arrested and
released on September 13. So that constitutes violation of
par 6.
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(You read that! Kung ako examiner kuhaon nako ni na


question. I will ask.)
“Issuing in an authenticated form a document purporting
to be a copy of an original document when no such
original exists, or including in such a copy a statement ISSUE: Whether Sevilla can be convicted of the felony of
contrary to, or different from, that of the genuine original” falsification of public document through reckless
imprudence notwithstanding that the charge against him
Elements: in the Information was for the intentional felony of
1) That there is a genuine document; falsification of public document under Article 171(4) of the
RPC.
2) An alteration, intercalation or substitution was
made therein; SC: At the outset, it bears stressing that the
3) The change made in the documents speaks of Sandiganbayan’s designation of the felony supposedly
something false. committed by Sevilla is inaccurate. The Sandiganbayan
convicted Sevilla of reckless imprudence, punished under
Alteration is an act of making a change or change in a Article 365 of the RPC, which resulted into the falsification
document making the document speak for something the of a public document. However, the Sandiganbayan
parties did not intend to speak. designated the felony committed as "falsification of public
Important points to remember in falsification: document through reckless imprudence." The foregoing
designation implies that reckless imprudence is not a crime
 Alteration or changes to make the document in itself but simply a modality of committing it. Quasi-
speak the truth do not constitute falsification. offenses under Article 365 of the RPC are distinct and
 There is no complex crime of estafa through separate crimes and not a mere modality in the
falsification of private document. They share the commission of a crime.
same elements of the crime. Damage!
Thus, the proper designation of the felony should be
 In the falsification, the possession and use of a
reckless imprudence resulting to falsification of public
falsified document give rise to the presumption
documents and not falsification of public documents
that the possessor was the one who falsified the
through reckless imprudence.
document.
 Falsification of a private document is Article 172. Falsification by private individual and use of
consummated when such document is actually falsified documents. - The penalty of prision correccional in
falsified with the intent to prejudice a 3rd person its medium and maximum periods and a fine of not more
whether such falsified document is or is not than P5,000 pesos shall be imposed upon:
thereafter put to illegal use for which it is
intended. 1. Any private individual who shall commit any of
 Falsification is not a continuing offense. So public the falsifications enumerated in the next preceding
documents inside the ballot box are falsified in one article in any public or official document or letter
municipality, the fact that said ballot box was of exchange or any other kind of commercial
carried to another municipality did not confer document; and
jurisdiction upon the municipal court of the latter
to try the case of falsification of said document. 2. Any person who, to the damage of a third
party, or with the intent to cause such damage,
Can falsification be committed by omission?
shall in any private document commit any of the
In the old case of People v. Dizon, 47 Phil. 350, the SC acts of falsification enumerated in the next
said YES. One can be found guilty of falsification by preceding article.
omission.
Any person who shall knowingly introduce in evidence in
any judicial proceeding or to the damage of another or
What is the liability of a private individual in a falsification who, with the intent to cause such damage, shall use any
by a public officer when there is conspiracy? of the false documents embraced in the next preceding
When there is conspiracy, of course the act of one article, or in any of the foregoing subdivisions of this
becomes the act of all under Art 8 of the RPC. But what article, shall be punished by the penalty next lower in
would be the proper charge against each of them? If a degree.
public officer took advantage of his position and he
committed any of the act mentioned under Art 171 of the Three acts are punished under Art 172. They are:
RPC and he was in conspiracy with one private individual
then, the private individual may also be liable under Art 1) Falsification of public, official or commercial
171. document by a private individual (Par 1);

2) Falsification of private document by any person


Complex Crime of Falsification of Public Document (Par 2);
through Reckless Imprudence
Venancio Sevilla v PP, Augsut 13, 2014 3) Use of falsified document. (Last par)
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Under the 1st par, the offender may be a public officer 3) Mere falsification in a public, official or commercial
employee who committed the falsification without taking document constitutes a crime. Damage or intent
advantage of his official position. While he is also liable for to cause damage is not necessary.
falsification, his indictment will be under Art 172 which
imposes a lesser penalty than Art 171. It deals with the 4) Mere falsification of a private document is not a
falsification committed by private individuals. It is primarily crime. Damage or at least intent to cause damage
intended to punish private persons who commit is an essential element of the crime.
falsification in the manner provided and described under
Art 171. What are the rules to be observed the use of falsified
documents?
Remember that when the document is a public, official or
commercial document, the falsification may be complexed 1) It is a crime when knowingly introduced in a
with the crime of Estafa under Art 315. It may also be judicial proceeding even if there is no intent to
complexed with other crimes like Malversation of Public cause damage to another. Knowingly introducing a
Funds. falsified document in a judicial proceeding is
sufficient to consummate a crime. The mere
When the document that is falsified is a private document, introduction of a forged document is a crime itself.
the falsification cannot be complexed with Estafa. The rule But when the falsified document is knowingly
is when an element of a crime is common to more than 1 introduced in an administrative proceeding, the
crime; you can only use that to make up one crime. The use alone is not a crime because there must be
same element cannot be used more than once. intent to cause damage or damage is actually
inflicted.
Under the 2nd par, damage or at least intent to cause
damage is an essential element of falsification of private 2) Falsification of document is a separate and distinct
document. offense from that of the use of a falsified
document. So if the falsification of document was
Example: done or performed because it was necessary to
the use of the same and in the commission of the
A is indebted to B in the amount of Php 100,000. One day, crime then, we have a complex crime defined
A prepared a written receipt purportedly signed by B under Art 48 of the RPC.
making it appear that A had paid in full from B. Is A liable
for falsification of private document? 3) Good faith is a defense in falsification of public
document.
A. No. A is not liable for the crime of falsification of private
document. Mere falsification of a private document is not a 4) There is no falsification through reckless
crime. There must be damage or at least intent to cause imprudence if the document is a private
damage on the part of the offender. In this case, B the document.
creditor did not sustain damage. There is also no intent to
cause damage that can be inferred from the mere act of 5) Never mind that rule. Aww! 
falsification.
6) The user of the falsified document is deemed the
In the same problem, suppose after the falsification B falsifier or author of the falsification if the use was
went to A and tried to collect from A. In the process, A so closely connected in time with the falsification
claimed that he already paid his indebtedness in full and and the user has the capacity of falsifying the
show the receipt that he falsified. Is liable for falsification document.
of private document? YES. He is liable for falsification of
private document because his act of claiming to be that he Elements (Use in any other transaction) –
had paid in full his indebtedness and showing the receipt
that he falsified more than indicate intent to cause
1) That the offender knew that a document was
damage on his part.
falsified by another person;

An agreement that we have made this is a private


2) That the false document is embraced in Art 171 or
document. The moment the private agreement is
in any of subdivision No. 1 or 2 of Art 172;
notarized, it will now become a public document. What is
the reason why it is important to know whether the
document falsified is a public or a private one in the study 3) That he used such document (not in judicial
of falsification? The reasons are: proceedings);

1) To determine whether the crime of falsification is 4) That the use of the false document caused
committed or not; damage to another or at least it was used with
intent to cause such damage.
2) To determine whether the falsification may be
complexed with other crimes; Article 173. Falsification of wireless, cable, telegraph and
telephone messages, and use of said falsified messages. -
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Criminal Law II TSN
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Original TSN from 2012- 2013 Uno Manresa lectures

The penalty of prision correccional in its medium and requested David to issue a certificate that he had worked
maximum periods shall be imposed upon officer or as waiter in the said hotel for the last 7 years. David
employee of the Government or of any private corporation issued the said certificate. David is liable for false
or concern engaged in the service of sending or receiving certificate of service.
wireless, cable or telephone message who utters a
fictitious wireless, telegraph or telephone message of any Article 175. Using false certificates. - The penalty
system or falsifies the same. of arresto menor shall be imposed upon any one who shall
knowingly use any of the false certificates mentioned in
Any person who shall use such falsified dispatch to the the next preceding article.
prejudice of a third party or with the intent of cause such
prejudice, shall suffer the penalty next lower in degree. When any of the false certificates mentioned in Art 174 is
used in the judicial proceeding, Art 172 does not apply,
(Never mind that noh?) because the use of false document in judicial proceeding
under Art 172 is limited to those false documents
Article 174. False medical certificates, false certificates of embraced in Arts 171 and 172.
merits or service, etc. - The penalties of arresto mayorin
its maximum period to prision correccional in its minimum Article 176. Manufacturing and possession of
period and a fine not to exceed P1,000 pesos shall be instruments or implements for falsification. - The penalty
imposed upon: of prison correctional in its medium and maximum periods
and a fine not to exceed P10,000 pesos shall be imposed
1. Any physician or surgeon who, in connection, upon any person who shall make or introduce into the
with the practice of his profession, shall issue a Philippine Islands any stamps, dies, marks, or other
false certificate; and instruments or implements intended to be used in the
commission of the offenses of counterfeiting or falsification
2. Any public officer who shall issue a false mentioned in the preceding sections of this Chapter. Any
certificate of merit of service, good conduct or person who, with the intention of using them, shall have in
similar circumstances. his possession any of the instruments or implements
mentioned in the preceding paragraphs, shall suffer the
penalty next lower in degree than that provided therein.
The penalty of arresto mayor shall be imposed upon any
private person who shall falsify a certificate falling within
the classes mentioned in the two preceding subdivisions. 2 acts being punished:

Persons liable for falsification of certificates: 1) Making or introducing into the Philippines any
stamps, dies, marks, or other instruments or
implements for counterfeiting or falsification;
1) Physician or surgeon who, in connection with the
practice of his profession, issued a false
certificate; 2) Possessing with intent to use the instruments or
implements for counterfeiting or falsification made
in or introduced into the Philippines by another
Note: The crime is False Medical Certificate by a
person.
physician.

Article 177. Usurpation of authority or official functions. -


2) Public officer who issued a false certificate of merit
Any person who shall knowingly and falsely represent
or service, good conduct or similar circumstances;
himself to be an officer, agent or representative of any
department or agency of the Philippine Government or of
3) Private individual who falsified a certificate falling any foreign government, or who, under pretense of official
in the classes mentioned in Nos. 1 and 2. position, shall perform any act pertaining to any person in
authority or public officer of the Philippine Government or
Example: any foreign government, or any agency thereof, without
being lawfully entitled to do so, shall suffer the penalty of
X is an employee of ABC Company and he got sick on the prision correccional in its minimum and medium periods.
course of his employment. He applied for disability
benefits. He went to Dr. Luzon his good friend and 2 ways of committing the crime:
convinced the latter to issue a medical certificate that his
illness is work connected and permanent. Dr. Luzon issued 1) By knowingly and falsely representing oneself to
the said medical certificate and in truth of the matter that be an officer, agent or representative of any
X illness is not work related and was caused by his chronic department or agency of the Philippine
smoking habits. The doctor is liable for false medical Government or any foreign government;
certificate by a physician.
2) By performing any act pertaining to any person in
Renan applied for work as a waiter in Manila Hotel and as authority or public officer of the Philippine
much as the hotel wanted to hire preferably waiters with 5 Government or of a foreign government or any
year working experience. He sought the help of David the
hotel manager of Diamond Hotel in Roxas Blvd. He
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agency thereof, under pretense of official position, The name of a person is what appears in his birth
and without being lawfully entitled to do so. certificate. The name of the person refers to his first
name, surname and maternal surname. Any other name
Article 177- Usurpation of authority or official which a person publicly applies to himself without
functions. We have said that the elements of false authority of law is a fictitious name. With this time we
pretense are necessary to commit the crime of usurpation have to consider R.A 6085 AN ACT AMENDING
of authority or usurpation of official function. So, take note COMMONWEALTH ACT NUMBERED ONE HUNDRED
that there are two acts that are made punishable under FORTY-TWO (C.A. 142) REGULATING THE USE OF
this law: ALIASES. Now, Section 1 of R.A. 6085 states:

1. Usurpation of authority, and Sec. 1. Except as a pseudonym solely for literary, cinema,
television, radio or other entertainment purposes and in
2. Usurpation of official function. athletic events where the use of pseudonym is a normally
So, take note as what I have said the element of false accepted practice, no person shall use any name different
pretense is necessary without false pretense the crime from the one with which he was registered at birth in the
cannot be committed. office of the local civil registry, or with which he was
baptized for the first time, or, in case of an alien, with
Let it be emphasized that if the offender commits the act which he was registered in the bureau of immigration
of usurpation as contemplated under this article and he upon entry; or such substitute name as may have been
does it because he is a rebel pursuant to the crime of authorized by a competent court: Provided, That persons,
rebellion or insurrection or sedition, he will not be liable whose births have not been registered in any local civil
under this crime because what is attributed against him as registry and who have not been baptized, have one year
a crime of usurpation is in fact one of the elements of from the approval of this act within which to register their
committing rebellion. He will be liable therefore for the names in the civil registry of their residence
greater crime of rebellion or sedition as the case may be. Sec. 2. Any person desiring to use an alias shall apply for
authority therefore in proceedings like those legally
Article 178. Using fictitious name and concealing true provided to obtain judicial authority for a change of name,
name. - The penalty of arresto mayor and a fine not to and no person shall be allowed to secure such judicial
exceed 500 pesos shall be imposed upon any person who authority for more than one alias. The petition for an alias
shall publicly use a fictitious name for the purpose of shall set forth the person's baptismal and family name and
concealing a crime, evading the execution of a judgment the name recorded in the civil registry, if different, his
or causing damage. immigrant's name, if an alien, and his pseudonym, if he
has such names other than his original or real name,
Any person who conceals his true name and other specifying the reason or reasons for the use of the desired
personal circumstances shall be punished by arresto alias. The judicial authority for the use of alias the
menor or a fine not to exceed 200 pesos. Christian name and the alien immigrant's name shall be
recorded in the proper local civil registry, and no person
Elements (using fictitious name): shall use any name or names other, than his original or
real name unless the same is or are duly recorded in the
proper local civil registry.
1) That the offender uses a name other than his real
name; Sec. 3. No person having been baptized with a name
different from that with which he was registered at birth in
2) That he uses that fictitious name publicly; the local civil registry, or in case of an alien, registered in
the bureau of immigration upon entry, or any person who
3) That the purpose of the offender is – obtained judicial authority to use an alias, or who uses a
pseudonym, shall represent himself in any public or private
transaction or shall sign or execute any public or private
a) To conceal a crime
document without stating or affixing his real or original
name and all names or aliases or pseudonym he is or may
b) To evade the execution of a judgment; or
have been authorized to use.

c) To cause damage to public interest. So, what is the penalty: Imprisonment form 1 year to 5
years and a fine from 5,000 to 10,000 pesos. So what is
Elements (concealing true name): the rationale for enacting C.A. 142 as amended by R.A.
6085: the enactment of C.A 142 as amended by R.A.
6085 was for the practice among the Chinese of adopting
1) That the offender conceals –
different aliases which created tremendous confusion in
the field of trade: Earlier in our discussion there are two
a) His true name; and types of committing the crime: one is having a different
name from your birth certificate registered in the local civil
b) All other personal circumstances. registry or a different name from that registered in the
bureau of immigration.
2) That the purpose is only to conceal his identity.
Can it happen? YES. For those people who are called
naturalized citizen. In one instance there was a petition

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filed in my court, involving a Chinese businessman, who the complaint as a matter of right and the office of the
has been living in the country for more than 20 years Ombudsman could not refuse him because the complaint
already, you know, the process of naturalization, meaning was part of public record. Hence open to inspection and
his Chinese name is now using a diff name other from the examination of anyone. So in other words, in the case of
one registered in the bureau of immigration, now he is Ursua vs. CA, if it is only isolated or occasional use of that
asking for the change of his citizenship, he is also asking particular name then C.A. 142 will not be applicable, it will
for change of his name, so that two actions consolidated not constitute a violation of the law. So what happened
in one petition. That kind of petition is one in a million not here, how the court disposed the case? The decision here
all courts can have a case such as that. So, fortunately for is that Ursua was acquitted of the crime charged. Take
me I have one. (So Judge continues with the story about note ha, if it is only isolated transaction or occasional use
the Chinese businessman)… of the particular name, then we cannot say that C.A. 142
was violated.
(Judge tells a story about Chinese businessman in DCLA
not giving receipts but will offer to give merchandise for a So, let us go to the case of Joseph Estrada, En Banc
lesser price)… decided on April 2, 2009. The case for plunder was filed
against Estada, separate information was also filed for
Now, such practice by Chinese men, in using different
illegal use of aliases and forgery. A case for plunder was
names, also bordered in the crime of using fictitious name,
filed, a case for illegal use of alias was filed and also
which without arbitration, such will be successful for the
forgery. These three cases, plunder, illegal use of alias and
Chinese men more likely or can claim or possess a
forgery were consolidated into one. The evidence here of
thousand and one names, several names, that is why, C.A.
the people consists mainly on the testimony of Atty.
142 penalizes the act of using an alias, unless such use
Curato and Clarissa Ocampo from PCI bank, now BDO.
of alias was duly authorized by judicial proceedings and
They testified that Estrada opened a numbered account
registered in the civil registrar, alright, Take note noh!! So
and signed as Jose Velarde. This is how the information
two acts are punishable under Art. 178: 1. Using fictitious
was filed : “ That on or about 04 February 2000, or
name, and 2. Concealing true name. An example of the
sometime prior or subsequent thereto, in the City of
second type is: (Judge, tells a story of his siblings and
Manila, Philippines and within the jurisdiction of this
cousins who are all male who were imprisoned because
Honorable Court, the above-named accused, being then
nag-maoy and then dili mao ang name na gisulat sa
President of the Republic of the Philippines, without having
listahan sa prisohan, her brother used Keneth Duremdes
been duly authorized, judicially or administratively, taking
and her cousin used Winston Pascual, kanawung daw ni
advantage of his position and committing the offense in
Piolo Pascual.) Actually, this is an example of concealing
relation to office, i.e., in order to CONCEAL THE ill-gotten
true name, Judge tells another story of a person he
wealth HE ACQUIRED during his tenure and his true
convicted, inside the jail, and he revealed a different
identity as THE President of the Republic of the
name…
Philippines, did then and there, willfully, unlawfully and
In the Case of Ursua vs. CA decided on April10, 1996 – criminally REPRESENT HIMSELF AS ‘JOSE VELARDE’ IN
this case talks about this particular crime under the RPC, SEVERAL TRANSACTIONS AND use and employ the SAID
as well as the application of CA 142, the use of a fictitious alias “Jose Velarde” which IS neither his registered name
a name or a different name belonging to another person in at birth nor his baptismal name, in signing documents with
a single instance, without any sign or in any case that the Equitable PCI Bank and/or other corporate entities.”
user wants to be known in this name, in addition to his
His demurrer to evidence for Crim. Case No.
real name from that day forth does not fall on
26565 (illegal use of alias) was anchored on the following
the provisions contained in C.A. 142 as amended, so take
ground:
note ha, the use of a fictitious a name or a different name
belonging to another person in a single instance will not 1. Of the thirty-five (35) witnesses presented by the
amount to the violation of C.A. 142, single instance = no prosecution, only two (2) witnesses, Ms. Clarissa Ocampo
violation. Probably because what the justices at the time and Atty. Manuel Curato, testified that on one occasion (4
think nga occasional lang man, so no violation, single February 2000), they saw movant use the name “Jose
instance ra man. Alright now, this is what happened in the Velarde”;
case, So in the case of Ursua vs. CA, the accused went to
2. The use of numbered accounts and the like was
the office of the Ombudsman and asked for copies of the
legal and was prohibited only in late 2001 as can be
complaint. In the office of the Ombudsman, he introduced
gleaned from Bangko Sentral Circular No. 302, series of
himself as Oscar Perez, does Oscar Perez exists? YES. But
2001, dated 11 October 2001;
that Oscar Perez is one of the staff of the lawyers,
accordingly he did so while merely serving the requests of 3. There is no proof of public and habitual use of alias
his lawyers to obtain a copy of the complaint, in which the as the documents offered by the prosecution are banking
petitioner was the respondent. There is no question there documents which, by their nature, are confidential and
that Oscar Perez is not an alias name of petitioner, there is cannot be revealed without following proper procedures;
no evidence showing that he had used or was intending to and (He is referring to the Bank Secrecy Law)
use that name as his second name in addition to his real
4. The use of alias is absorbed in plunder.
name. The use of the name Oscar Perez was used by
petitioner in an isolated transaction wherein he was not The People opposed the demurrers through a Consolidated
even legally required to expose his real identity or even if Opposition that presented the following arguments:
he had identified himself properly in the office of the
1. That the use of fictitious names in bank transaction
Ombudsman, petitioner would still be able to get a copy of
was not expressly prohibited until BSP No. 302 is of no
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moment considering that as early as Commonwealth Act Now, there was 1 bar question in 2006, and this calls for
No. 142, the use of alias was already prohibited. Movant the application of RA 6085. So if I were you, I would read
is being prosecuted for violation of C.A. No. 142 and not RA 6085. Again I will repeat the rule, leave no stones
BSP Circular No. 302;
unturned.
2. Movant’s reliance on Ursua vs. Court of Appeals
(256 SCRA 147 [1996]) is misplaced; ACT No. 6085
AN ACT AMENDING COMMONWEALTH ACT
3. Assuming arguendo that C.A. No. 142, as
NUMBERED ONE HUNDRED FORTY-TWO
amended, requires publication of the alias and the habitual
REGULATING THE USE OF ALIASES.
use thereof, the prosecution has presented more than
sufficient evidence in this regard to convict movant for
Section 1. Section one of Commonwealth Act Numbered
illegal use of alias; and
One hundred forty-two is hereby amended to read as
follows:
4. Contrary to the submission of movant, the instant
"Sec. 1. Except as a pseudonym solely for literary,
case of illegal use of alias is not absorbed in plunder.
cinema, television, radio or other entertainment
The Sandiganbayan, the Court that has purposes and in athletic events where the use of
jurisdiction over the case said that alias in front of Ocampo pseudonym is a normally accepted practice, no person
and Curato is one such privileged communication under shall use any name different from the one with which he
R.A. No. 1405, as amended. The Sandiganbayan said: was registered at birth in the office of the local civil
registry, or with which he was baptized for the first time,
Movant’s act of signing “Jose Velarde” in bank
or, in case of an alien, with which he was registered in
documents being absolutely confidential, the witnessing
the bureau of immigration upon entry; or such
thereof by bank officers who were likewise sworn to
substitute name as may have been authorized by a
secrecy by the same law cannot be considered as ‘public’
competent court: Provided, That persons, whose births
as to fall within the ambit of CA 142 as amended. On
have not been registered in any local civil registry and
account of the absolute confidentiality of the transaction, it
who have not been baptized, have one year from the
cannot be said that movant intended to be known by this
approval of this act within which to register their names
name in addition to his real name. Confidentiality and
in the civil registry of their residence. The name shall
secrecy negate publicity. Ursua instructs:
comprise the patronymic name and one or two
Hence, the use of a fictitious name or a different surnames."
name belonging to another person in a single instance
without any sign or indication that the user intends to be Section 2. Section Two of Commonwealth Act Numbered
known by this name in addition to his real name from One hundred forty-two is hereby amended to read as
that day forth does not fall within the prohibition in C.A. follows:
No. 142 as amended.
"Sec. 2. Any person desiring to use an alias shall apply
The Sandiganbayan further found that the
for authority therefor in proceedings like those legally
intention not to be publicly known by the name “Jose
provided to obtain judicial authority for a change of
Velarde” is shown by the nature of a numbered account –
name, and no person shall be allowed to secure such
a perfectly valid banking transaction at the time Trust
judicial authority for more than one alias. The petition
Account C-163 was opened. The opening, too, of a
for an alias shall set forth the person's baptismal and
numbered trust account, the Sandiganbayan further ruled,
family name and the name recorded in the civil registry,
did not impose on Estrada the obligation to disclose his
if different, his immigrant's name, if an alien, and his
real identity – the obligation R.A. No. 6713 imposes is to
pseudonym, if he has such names other than his original
file under oath a statement of assets and liabilities.
or real name, specifying the reason or reasons for the
use of the desired alias. The judicial authority for the
use of alias the Christian name and the alien immigrant's
Alright now, how did the Supreme Court rule in the
name shall be recorded in the proper local civil registry,
matter.. I will hold you responsible on the ruling…
and no person shall use any name or names other, than
his original or real name unless the same is or are duly
recorded in the proper local civil registry."
September 11, 2015
Section 3. Section three of Commonwealth Act
1st hour Numbered One hundred forty-two, is hereby amended
to read as Follows:
Review: CA 142 was amended later by RA 6085. I also
gave you the case of Ursua v. CA decided April 10, 1996. I "Sec. 3. No person having been baptized with a name
believe you already discussed this in your criminal law 2. different from that with which he was registered at birth
Alright, now I cited to you also the case of People v. in the local civil registry, or in case of an alien,
registered in the bureau of immigration upon entry, or
Joseph Estrada decided on April 2, 2009. Likewise, I cited
any person who obtained judicial authority to use an
to you questions from the Bar dealing on CA 142. alias, or who uses a pseudonym, shall represent himself
in any public or private transaction or shall sign or

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execute any public or private document without stating


or affixing his real or original name and all names or So if you would wear that kind of uniform and naay
aliases or pseudonym he is or may have been authorized nakatatak pa na he is the supreme commander, then he
to use." incurs no liability under 179. The uniform contemplated
under law is that which pertains to a pseudo or fictitious
Section 4. Commonwealth Act Numbered One hundred
organization.
forty-two is hereby amended by the insertion of the
following new section to be designated Section four to
A good example of this is a person who wears the black
read as follows:
robe of a catholic priest and makes himself available at
"Sec. 4. Six months from the approval of this act and funeral homes to celebrate mass for the dead and share in
subject to the provisions of section 1 hereof, all persons the mass collections. This is a good example of 179.
who have used any name and/or names and alias or
aliases different from those authorized in section one of Now, the wearing of insignia, the wearing of a robe of a
this act and duly recorded in the local civil registry, shall catholic priest and you are not a priest, you violated 179.
be prohibited to use such other name or names and/or Or you are a member of the Philippine Army and you are
alias or aliases." wearing the uniform of the military but you are not [a
member]. But supposing you will wear the uniform of the
Section 5. Section four of Commonwealth Act Numbered
One hundred forty-two is hereby amended to read as Davao Metroaide? Do I incur a crime, because I am
Section five, as follows: wearing the uniform of an organization to which I do not
belong and then I pretended to be a member?
"Sec. 5. Any violation of this Act shall be punished with
imprisonment of from one year to five years and a fine  I don’t think so. No person will mind me anyway.
of P5,000 to P10,000." Because I am only wearing that uniform of a
davao metroaide. That’s how cruel society is.

I also gave you the case of Roberta Mingson? v. Gonzales Take note wearing of insignia badge or emblem of the
decided Mar. 31 2014. members of the AFP or PNP is punished by RA 493.

Article 179. Illegal use of uniforms or insignia. - The REPUBLIC ACT NO. 493
penalty of arresto mayor shall be imposed upon any AN ACT TO PROHIBIT THE USE OR CONFERRING
person who shall publicly and improperly make use of OF MILITARY OR NAVAL GRADES OR TITLES BY
insignia, uniforms or dress pertaining to an office not OR UPON PERSONS NOT IN THE SERVICE OF THE
held by such person or to a class of persons of which he ARMED FORCES OF THE PHILIPPINES OR THE
is not a member. PHILIPPINE CONSTABULARY, TO REGULATE THE
WEARING, USE, MANUFACTURE AND SALE OF
INSIGNIAS, DECORATIONS AND MEDALS,
Elements: BADGES, PATCHES AND IDENTIFICATION CARDS
PRESCRIBED FOR THE SAID ARMED FORCES OR
1. The offender makes use of an insignia uniform or CONSTABULARY, AND FOR OTHER PURPOSES
dress
2. The insignia uniform or dress pertains to an office Section 1. Hereafter it shall be unlawful for any person
not held by such person or to a class of persons of or association or persons not in the service of the Armed
which he is not a member Forces of the Philippines of the Philippine Constabulary
3. The insignia uniform or dress is used publicly and to use, or confer upon himself or another who is not in
improperly the service of the said Armed Forces or Constabulary,
any military or naval grade or title which is, or may
The uniform contemplated by law, under 179, carries hereafter be, prescribed by laws and regulations for the
authority which the public too respects. The uniform use of the Armed Forces or Constabulary: Provided, That
symbolizes authority, the example would be a member of the foregoing shall not be construed as prohibiting the
use of such military or naval grades or title by personnel
the Philippine army, marines, or air force. They have to
or persons now authorized by law and by the following
wear their uniform and it symbolizes their office, it persons:
commands respect and so any person has no right
whatsoever to use the uniform or insignia. (a) All veterans of any war when recognized by the
Philippine or United States Government and only for the
What if you wear the uniform of an imaginary office? I will ranks for which they are recognized;
not mention the name but you now him. He’s wearing a
uniform but he doesn’t know what office. *story* (b) Commissioned officers and personnel, retired or in
active duty, of the Bureau of Coast and Geodetic Survey,
 The rule is that of he wears that kind of uniform, of the quarantine service, and of the customs service;
179 is not violated. The rule is wearing of a
uniform of an imaginary office is not punishable (c) Commissioned and enlisted reservists including
under 179. *story* recognized guerrilla officers on inactive status when
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using their authorized grades for a purely military So the rule is that if you wear the uniform of the PNP and
purposes; you are not a member of the PNP, the emblem or insignia
of this office, you violates article 179.
(d) Trainees in the Armed Forces while undergoing
any period of trainee instruction pursuant to law. Please remember there is also an executive order against
the illegal manufacture of PNP insignias, etc. *story*
Sec. 2. Hereafter it shall be unlawful for any person
not in the service of the Armed Forces of the Philippines EXECUTIVE ORDER NO. 297
or the Philippine Constabulary, except those excluded REGULATING THE MANUFACTURE, SALE,
from the prohibition in section one of this Act, to use or DISTRIBUTION AND USE OF PNP UNIFORMS,
wear the duly prescribed insignia, badge or emblem or INSIGNIAS AND OTHER ACCOUTREMENTS
rank of the members of the Armed Forces of the
Philippines or the Philippine Constabulary, or any WHEREAS, the PNP uniforms, insignias and other
colorable imitation thereof: Provided, That the foregoing accoutrements are symbolic of a discipline and an image
shall not be construed as prohibiting any person from which portray the character and being of every
using or wearing any military or naval insignia, badge or policeman, most representative of a professional
emblem of rank in any play-house or theater or in Philippine National Police;
moving-picture films while actually engaged in
representing therein a military or naval character not WHEREAS, the use or wearing of PNP uniforms,
tending to bring discredit or reproach upon the Armed insignias and other accoutrements projects at the very
Forces of the Philippines, the Philippine Constabulary or first instance an identity that establishes a distinctive
the Bureau of Coast and Geodetic Survey: Provided, recognition exclusive to every policeman and the
further, That the use or wearing of any military or naval Philippine National Police;
insignia, badge or emblem of rank while engaged in
representing a military or naval character as WHEREAS, the PNP uniforms, insignias and other
hereinabove described, shall be subject to supervision accoutrements are easily available and/or procured from
and regulation by the Secretary of National Defense. any manufacturer, seller, distributor, or supplier by any
The phrase "duly prescribed insignia, badge or emblem person, including unscrupulous and lawless individuals
of rank" shall, for the purpose of this Act, mean any who make a mockery of their use for personal gain,
insignia, badge or emblem of rank which is, or may unlawful purposes and/or other designs to degrade the
hereafter be, prescribed by Congress, the Secretary of policeman and the Philippine National Police;
National Defense or the Chief of Constabulary.
WHEREAS, while Article 179, “Illegal use of uniforms or
Sec. 3. Hereafter the use, wearing, manufacture and insignia” of Republic Act 3815, otherwise known as the
sale of any medal or decoration, badge, insignia, patch, Revised Penal Code of the Philippines penalizes any
or identification card which has been, or may hereafter person who shall publicly and improperly make use of
be, authorized by Congress or prescribed or awarded by insignia, uniforms or dress pertaining to an office not
the President of the Philippines or the Secretary of held by such person or to a class of persons of which he
National Defense for the members of the Armed Forces is not a member; it does not include the illegal
of the Philippines, or any colorable imitation thereof, is manufacture, sale and distribution of the same;
prohibited, except when authorized under such
regulations as the Secretary of National Defense shall WHEREAS, while Republic Act No. 493 was also enacted
prescribe. prohibiting, among others, the wearing, use,
manufacture and sale of insignias, decorations and
Sec. 4. Any person who confers upon himself or medals, badges, patches and identification cards
another any military or naval grade or title in violation of prescribed for the “Armed Forces” or “Constabulary”, it
section one of this Act shall, upon conviction, be does not apply to the Philippine National Police;
punished by a fine of not less than two thousand pesos
and not exceeding five thousand pesos or by WHEREAS, there is no law that governs and regulates
imprisonment for not less than two years and not the manufacture, sale, distribution and use of uniforms,
exceeding five years, or both. Any person who insignias and other accoutrements of the Philippine
violates any other provision of this Act shall, upon National Police;
conviction, be punished by a fine of not less than
one hundred pesos and not exceeding two WHEREAS, to ensure that PNP uniforms, insignias and
thousand pesos, or by imprisonment for not less other accoutrements are manufactured, sold, distributed
than one month and not exceeding two years, or or supplied only by authorized manufacturer, distributor,
both. In case the violation is committed by a supplier and/or seller and used exclusively by uniformed
corporation, the manager and all the members of personnel of the PNP, there is a need for regulation;
the board of directors or governing body thereof,
shall be liable individually in accordance with this NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA,
section. President of the Republic of the Philippines, by virtue of
the powers vested in me by law, do hereby order:

SECTION 1. The unauthorized manufacture, sale and

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distribution of PNP uniforms, insignias and other


accoutrements is hereby prohibited. Any violation of this What are the forms?
rule shall, after due notice and hearing, result in the
immediate closure of the establishment, plant and/or 1. False testimony in criminal cases
office where the uniforms and other items are 2. In civil cases
manufactured, stored, sold and/or distributed, the 3. In other cases
cancellation of its business license or permit, the
condemnation, seizure and forfeiture of all paraphernalia Article 180. False testimony against a defendant. - Any
used or intended to be used in the manufacture, sale person who shall give false testimony against the
and/or distribution and the imposition of reasonable defendant in any criminal case shall suffer:
administrative fines, without prejudice to the filing of
administrative, civil and/or criminal actions. 1. The penalty of reclusion temporal, if the defendant in
said case shall have been sentenced to death;
SEC 2. The use of PNP uniforms, insignias and other
accoutrements by any person who is not a member of 2. The penalty of prision mayor, if the defendant shall
the uniformed Philippine National Police personnel is also have been sentenced to reclusion temporal or reclusion
prohibited. Any violation of this rule shall, after due perpetua;
notice and hearing, be penalized by public censure
which shall be published at least once in a newspaper of 3. The penalty of prision correccional, if the defendant
general circulation without prejudice to the filing of shall have been sentenced to any other afflictive
administrative, civil and/or criminal actions. penalty; and

SEC 3. The Philippine National Police shall adopt its own 4. The penalty of arresto mayor, if the defendant shall
uniforms, insignias and other accoutrements for the have been sentenced to a correctional penalty or a fine,
exclusive use of its uniformed personnel. The uniforms or shall have been acquitted.
and other items shall be subject to inspection and
acceptance procedures of the Philippine National Police In cases provided in subdivisions 3 and 4 of this article
with each design and specification approved by the PNP the offender shall further suffer a fine not to exceed
Uniform and Equipment Standardization Board (UESB). 1,000 pesos.
As such, only those accredited by the PNP and the
National Historical Institute are authorized to
manufacture, sell or distribute the same. Elements:
Section Two. - False testimony
1. There must be a criminal proceeding
What is false testimony? 2. The offender takes the witness stand and testifies
falsely under oath against the accused
 It is the declaration under oath of a witness in a 3. The offender gives testimony in court with full
judicial proceeding which is contrary to what is knowledge that the same is false.
true or to deny the same or alter essentially the
truth.
Any person who gives false testimony against the
defendant. Sanctity of the oath during testimony has been
Nature of the crime – these are the things that you violated so many times *story*
must remember:
Example: A policeman in a buy bust operation based on
1. Cannot be committed thru reckless imprudence the records, he was the pusher-buyer, but in truth he was
because false testimony requires criminal intent or
not part of the operation. He was only made to sign the
intent to violate the law which is an essential
affidavit because the superiors say so. That is his
element of the crime
2. If the false testimony is due to honest mistake, testimony, what actually happened. But in his affidavit and
error or there was good faith, then no crime is when he will be presented for direct examination, he will
committed. testify based on what his affidavit says. And when the
court learned that he is testifying falsely, the court will
Why is it made a crime? notice during cross examination and when it conducts
clarificatory questions. That’s the time he will know
 The rationale is it is falsehood so reprehensible
but it is particularly odious if it is completed in a because when a person testifies falsely, when he will be
judicial proceeding as it constitutes an imposition grilled during cross and questions in court, the truth will
upon the court, and seriously exposes it to set him free. Unfortunately, there are so many policemen
miscarriage of justice. While false testimony if who have harnessed the skill (hawd na daw). So the cross
favor of the accused may be less obnoxious that examiner will have difficulty in determining.
false testimony against him, both forms are
equally repugnant to the order of the Example: The prosecutor presented to the witness stand,
administration of justice and deserves to be based on the affidavit a pusher-buyer. Now, during
rigorously suppressed.
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clarificatory question, it turns out that he wasn’t there, he the intention of the false witness. But the probative value
wasn’t in the operation. He only signed the document the of the testimonial evidence is subject to the rules of
affidavit because the superiors said so. He revealed this evidence. It may not be considered by the judge but
open court. I immediately dismissed the case. Sadly, their whether the testimony is credible or not, or whether
administration filed an administrative case against him. appreciated or not in the context that the false witness
*story* wanted it to be, the crime of false testimony is still
committed since it is punished not because of the effects it
4. That the defendant against whom the false produces but because of its tendency to favor the
testimony is given is either acquitted or convicted
accused.
5. That the decision or conviction is final and
executory
Article 182. False testimony in civil cases. - Any person
Now to avoid confusion, it is emphasized that the situation
found guilty of false testimony in a civil case shall suffer
under 180 is the pendency of the criminal case. A false the penalty of prision correccional in its minimum period
testimony is presented by the prosecution against the and a fine not to exceed 6,000 pesos, if the amount in
accused. [sorry, nagabell sa background, I transcribed this controversy shall exceed 5,000 pesos, and the penalty of
to the best that I can] And after trial, the court renders a arresto mayor in its maximum period to prision
decision or conviction. The decision becomes final, correccional in its minimum period and a fine not to
thereafter the investigation is conducted or it is exceed 1,000 pesos, if the amount in controversy shall
not exceed said amount or cannot be estimated.
immediately disclosed that during trial he was falsely
presented. Assuming the false witness is formally charged
of violating 180 and is found guilty, the penalty imposed Elements:
on him will depend on the penalty imposed against the
accused who testified falsely. [see codal sa penalties] 1. The testimony must be given in a civil case
2. Testimony must be related or relevant to the
To illustrate: the accused is charged with robbery with issues or facts under consideration
homicide. Mr. A testified against him falsely. After trial, the 3. Testimony must be absolutely false
4. Testimony was maliciously presented to materially
accused was sentenced to death. *story* In imposing the
affect the decision of the court
penalty against Mr. A, the basis will be the sentence
imposed against the accused where Mr. A testified falsely. Take note that if the false witness is found guilty, the basis
Accordingly, Mr. A should be sentenced to reclusion of the penalty is made to depend upon the amount in the
temporal. civil action. The civil action contemplated under this article
refers to ordinary civil actions, like sum of money or
On the same set of facts, if the offender is sentenced to
specific performance.
suffer the penalty of RT or RP, the false witness should be
sentenced to suffer the penalty prision mayor (one degree What if the false testimony is offered in a special
lower). If the accused is sentenced to suffer the penalty of proceeding? Shall we apply 182? Example, change of
PC, or a fine, or is acquitted, the false witness shall suffer name.
the penalty of arresto mayor.
 No, 182 will not apply if the false testimony is
Remember that only after a final judgment or conviction or offered in a special proceeding. In such a case, it
acquittal may the issue of false testimony having been may rightfully be considered as under 183.
given in a criminal case can come into play. In resolving
the false testimony given against the accused, the witness
Article 183. False testimony in other cases and perjury in
who gave the false testimony is now liable even if his
solemn affirmation. - The penalty of arresto mayor in its
testimony was not given probative value by the court. maximum period to prision correccional in its minimum
What is made punishable is the mere giving of false period shall be imposed upon any person, who
testimony. *story* knowingly makes untruthful statements and not being
included in the provisions of the next preceding articles,
Article 181. False testimony favorable to the defendants. shall testify under oath, or make an affidavit, upon any
- Any person who shall give false testimony in favor of material matter before a competent person authorized
the defendant in a criminal case, shall suffer the to administer an oath in cases in which the law so
penalties of arresto mayor in its maximum period to requires.
prision correccional in its minimum period a fine not to
exceed 1,000 pesos, if the prosecution is for a felony Any person who, in case of a solemn affirmation made
punishable by an afflictive penalty, and the penalty of in lieu of an oath, shall commit any of the falsehoods
arresto mayor in any other case. mentioned in this and the three preceding articles of this
section, shall suffer the respective penalties provided
therein.
In this case, the testimony given is absolutely false and is
intended to favor the accused. This is what appears to be
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Acts punished: petitioner is a Canadian citizen and therefore disqualified


to own the land. Not only that, Agbay also filed a criminal
1. Falsely testifying under oath complaint for falsification of public document under 172 of
2. Making a false affidavit
RPC against petitioner for stating in his application that he
is a Filipino citizen when at that time he was already a
Elements of perjury: Canadian citizen. Meanwhile, petitioner reacquired Filipino
citizenship under the provisions of RA 9225 as evidenced
1. Testimony was given in a non-judicial proceeding by his ID Certificate number which was issued by the
2. It can also be in the form of an affidavit consulate general of the Phils on Oct 2007.
3. Narration given in a non-judicial proceeding must
be a material matter ISSUE: WON the crime of falsification is committed.
4. Testimony or affidavit must be under oath or
administered by a person who is competent to do Falsification of documents article 172 in relation to 171
so refers to falsification of a private individual or a public
5. False testimony or affidavit was wilfully and
officer or ee who did not take advantage of his official
deliberately made, and not a product of mistake or
oversight position. Here, he is a private individual who falsifies a
6. Testimony or affidavit was given or presented as it public document. The elements of the crime under art 172
was required by law (1):

1. That the offender is a private individual or a public


By way of emphasis, when one testifies falsely before the officer or employee who did not take advantage of his
court, the crime committed is false testimony, regardless official position
what kind of procceding is that – criminal or civil. But if
2. That he committed any of the acts of falsification
one testifies falsely in a non-judicial proceeding [CSC or
enumerated in Article 171
NLRC] the crime committed is perjury. If one falsely
testifies in a non-judicial proceeding, the crime committed 3. That the falsification was committed in a public or
is perjury. official or commercial document

In false testimony, it is not required that the offender The SC said the petitioner made untruthful statements in
asserts falsehood in a material matter. It is enough that he the miscellaneous lease application, which is considered a
testifies falsely with deliberate intent. But in perjury, the public document - that he is a Filipino citizen at the time of
witness must testify or assert a fact on a material matter filing of the said application for patent when in fact, he
was still a Canadian citizen. Under CA 63, the governing
with full knowledge and information given is essentially
law at that time, he was naturalized as a canadian citizen.
contrary to the truth. For this reason, he should know When he reacquired fil. citizenship under 9225, six months
what is the meaning of a material matter. It means the later, the falsification was already a consummated act, the
main fact is the subject or object of inquiry. said law having no retroactive effect insofar as dual cit
status is concerned. SC said he is criminally liable because
Remember, because of the nature of perjury wilful and at the time of his submission of his application, truth is, he
frank? assertion of falsehood, there is no perjury was a canadian citizen.
committed thru reckless imprudence under article 65?
Since it can only be committed thru dolo or intentional, I have a feeling that this kind of question will be asked in
Consti law, not in criminal law. What is important here is
then good faith or lack of malice is a good defense when
that there is no retroactive effect insofar as RA 9225 is
one is indicted for the crime of perjury. concerned. Because the law does not state that it shall be
given retroactive application. Kindly read this case David
Let’s take the case David v. Editha Agbay and the People v Agbay and People, march 18, 2015
of the Philippines Decided march 18 2015
"Falsification of documents under paragraph 1, Article 172
F: In 1974, petitioner migrated to Canada where he in relation to Article 171 25 of the RPC refers to falsification
became a Canadian Citizen by naturalization. Upon the __ by a private individual, or a public officer or employee who
of the spouses, the petitioner and his wife returned to the did not take advantage of his official position, of public,
Philippines. Sometime in 2000, they purchased a 600 sq m private, or commercial documents. The elements of
lot in Oriental Mindoro where they constructed a falsification of documents under paragraph 1, Article 172
of the RPC are:
residential house. However in 2004, they came to know
1. that the offender is a private individual or a public
that the place where they built their house is a public land officer or employee who did not take advantage of
and part of the salvage zone. So on Apr 2007, petitioner his official position;ch
filed a miscellaneous lease application over the land with 2. that he committed any of the acts of falsification
the DENR and CENRO. In said application, the petitioner enumerated in Article 171 of the RPC; and n
indicated that he is a Filipino citizen. The respondent 3. that the falsification was committed in a public,
official or commercial document.
Agbay opposed the application on the ground that
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of falsehood.
Petitioner made the untruthful statement in the MLA, a
public document, that he is a Filipino citizen at the time of The accusation stemmed from petitioner Union Banks two
the filing of said application, when in fact he was then still (2) complaints for sum of money with prayer for a writ of
a Canadian citizen. Under CA 63, the governing law at the replevin against the spouses Eddie and Eliza Tamondong
time he was naturalized as Canadian citizen, naturalization and a John Doe. The first complaint, docketed as Civil
in a foreign country was among those ways by which a Case No. 98-0717, was filed before the RTC, Branch 109,
natural-born citizen loses his Philippine citizenship. While Pasay City on April 13, 1998. The second complaint,
he re-acquired Philippine citizenship under R.A. 9225 six docketed as Civil Case No. 342-000, was filed on March
months later, the falsification was already a consummated 15, 2000 and raffled to the MeTC, Branch 47, Pasay City.
act, the said law having no retroactive effect insofar as his Both complaints showed that Tomas executed and signed
dual citizenship status is concerned. The MTC therefore the Certification against Forum Shopping. Accordingly, she
did not err in finding probable cause for falsification of was charged of deliberately violating Article 183 of the
public document under Article 172, paragraph 1." RPC by falsely declaring under oath in the Certificate
against Forum Shopping in the second complaint that she
What are the points to remember in the crime of perjury? did not commence any other action or proceeding
involving the same issue in another tribunal or agency.
1. Perjury is a crime other than false testimony in
criminal cases or false testimony in civil cases WON there was forum shopping. YES
WON Tomas was liable for art 183 (Perjury). Read this
2. Contradictory sworn statements are not case.
sufficient to convict the affiant for the crime of
perjury Art. 184. Offering false testimony in evidence. —
Any person who shall knowingly offer in evidence a
false witness or testimony in any judicial or official
3. there must be evidence to show which of the
proceeding, shall be punished as guilty of false
two statements is true and which is false testimony and shall suffer the respective penalties
provided in this section.
4. the same must be established or proved from
sources other than the two contradictory Elements of offering false testimony in evidence
statements
1. That the offender in evidence a false witness or false
5. there is no perjury if statement or affidavit was testimony
made before a person not authorized to receive 2.That he knew the witness or the testimony was false
3. That the offer was made in a judicial or official
and administer oath. (ex. barangay tanod or
proceeding
kagawad without authority) . Perjury v. False Testimony
. Perjury is committed in NON-judicial proceeding
6. the affidavit or sworn statement must be while false testimony is given in a judicial proceeding.
required by law (ex. affidavit of adverse claim) . The statement or testimony is required by law in
perjury. In false testimony, it is not required by law.
Union Bank and DESI Tomas v People (en banc) - the . In perjury, the amount involved is not material; in
accused (Tomas) was charged in court for perjury under false testimony, the amount involved esepcially in civil
cases is material, if it is determinative..
Article 183 of the Revised Penal Code (RPC) for making a
. In perjury, it is immaterial whether statement or
false narration in a Certificate against Forum Shopping.
testimony is favorable or not to the accused; in false testi,
The Information against her reads: always material in criminal cases.

That on or about the 13th day of March 2000 in the City of READ: Philip Yu v Hernan Lim Sept 22, 2010 - forum
Makati, Metro Manila, Philippines and within the shopping verification/certification
jurisdiction of this Honorable Court, the above-named
accused, did then and there willfully, unlawfully and Art. 185. Machinations in public auctions. — Any
feloniously make untruthful statements under oath upon a person who shall solicit any gift or promise as a
material matter before a competent person authorized to consideration for refraining from taking part in any
administer oath which the law requires to wit: said public auction, and any person who shall attempt
accused stated in the Verification/Certification/Affidavit of to cause bidders to stay away from an auction by
merit of a complaint for sum of money with prayer for a threats, gifts, promises, or any other artifice, with
writ of replevin docketed as [Civil] Case No. 342-00 of the intent to cause the reduction of the price of the
Metropolitan Trial Court[,] Pasay City, that the Union Bank thing auctioned, shall suffer the penalty of prision
of the Philippines has not commenced any other action or correccional in its minimum period and a fine
proceeding involving the same issues in another tribunal or ranging from 10 to 50 per centum of the value of
agency, accused knowing well that said material statement the thing auctioned.
was false thereby making a willful and deliberate assertion
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Criminal Law II TSN
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There are two acts that are being punished here: paraffin test ka. Unsaon man na pagwala? Ay, naa!! Naa
jud! Pero I will not tell you. Ug kung makapatay mo,
1. Soliciting any gift or promise as a consideration for sundugon ninyo tong akong iingon. Pero epektibo ni!
refraining from taking part in any public auction. Effective! During the time that I was a practitioner, yes!
Very effective! Mu ingon ang NBI na I test. Ok, go ahead!
- Here the act of soliciting, the act of asking or demanding Mao na na. kay pag paraffin test man kay negative. Pero I
is the act punishable under Art. 185. In this instance the will not tell you. Sundugon palang ninyo if mag lawyer
offender is the solicitor. Read the case of Ouano vs. CA namo puhon. Mao ng buhaton ninyo sa inyong cliente na
188 SCRA 799 – a very good case> nakapatay. Pero kung ma lawyer namo and it involves
drugs, ingnan nimo na “laklak sa didto ug fresh milk!”
2. Attempting to cause bidders to stay away from an
tingala man ta ngano daghan man ug litro dire sa gawas!
auction by employment of threats, gifts, promises or any
Labi na sa mga policemen na undergo ug random test
other artifice.
pagka ugma. Ah, magkabuang jud ug pangita ug kwarta
pampalit ug fresh milk. Tanan tindahan adtuon, maski
Art. 186. Monopolies and combinations in restraint
sirado na tuktukon, bukbukon. Palit ug fresh milk kay mag
of trade.
random test man pagka ugma. Wala na nay tulog tulog
I have to skip this because this is covered by Intellectual bah. Grabe na na ug inumanay. Pag urine test pa,
Property - RA 8293 negative. Pagkahuman ug test, balik napud ug hithit ug
shabu.
Let us now proceed to Crimes Against Opium or
Mao ng kalaban nila. Unsaon man jud na, in the case of a
Dangerous Drugs Law. If you are using the old book just
taxi driver. “nanginabuhi man gud mi Ma’am.” “Unya
like my book, you have to abandon that already because
diay?” “Sayang man gud ang panahon Ma’am kung
that has been superseded by Republic Act 6425, and now
matulog mi.” wala na na sila’y tulugay. Kaya kamo mga
Republic Act 9165 as amended. Take a look at the
ladies, be careful in choosing a cab. Musakay mo and
declaration of policy. You can find that in the law itself. We
matimingan na adik diay ng driver. This is true testimony
will only be discussing the salient points of the law.
made by a taxi driver who has a case before my court. He
Now, what are the most commonly violated sections under pleaded guilty. From that time on, never did I allow my
Republic Act 9165? We have Section 5. daughter to ride a taxi. Bahala na magkabungibungi ko,
ako lang musundo sa iya kay dili nako gusto na pasakyon
1. Section 5. Sale, Trading, Administration, siya ug taxi with that kind of taxi driver. See? Or a bus
Dispensation, Delivery, Distribution and driver or van driver. ga tuo mo na ng mga bus driver wala
Transportation of Dangerous Drugs and/or ga take? Or maski kanang sa van? Kita niyo, kusog ug
Controlled Precursors and Essential Chemical. dagan. Tapos muingon na wala sila ga take? Hhhmm.
2. Section 6. Maintenance of a Den, Dive or Resort. Storyahe imong lolo!

There has been no case in my court dealing on this. But I So, what are the other acts?
have one in Tagum, violation of Section 6, maintenance of
a drug den. 4. Section 8. The manufacture of Dangerous Drugs
and/or Controlled Precursors and Essential
3. Section 7. Employees and Visitors of a Den, Dive Chemicals.
or Resort.
What is now the prevalent system in the country is that
That is why I would like to emphasize this to every male. we have a kitchen laboratory. We have a kitchen type
Be careful to choose where to go, where to hangout laboratory. Mao gani ng uban isulod lang sa rice cooker.
because it might be a drug den. Ambot nalang if you are
there in the drug den. Haruson mo bah. “sir wala man mi 5. Section 9. Illegal Chemical Diversion of Controlled
labot ana.” “sa precinto ka na magpaliwanag. “ imagine Precursors and Essential Chemicals.
the answer? Unsang klaseng law student na? adik man 6. Section 10. Manufacture or Delivery of Equipment,
diay na. wala pa gani na testingan kung adik ba jud na. Instrument, Apparatus, and Other Paraphernalia
pero ang perception sa community, adik na!di pud! Dili for Dangerous Drugs and/or Controlled Precursors
tanang seller ug shabu adik. Dili man bah, although naay and Essential Chemical.
uban adik pero kabalo kaayo mutago. Laklak siya ug 2 ka 7. Section 11. Possession of Dangerous Drugs.
litro, 5 ka litro na... unsa’y tawag ana? Fresh milk. Lalakon
This is one of the provisions which is commonly violated.
na niya, siyaro dili mawala ang traces ana sa drug. Ayaw
ko I quote ninyo ha na ako na gatudlo ko ninyo ha. Ay 8. Section 12. Possession of Equipment, Instrument,
wala!ERASE! ERASE! ERASE! Erase na! Erase! Pati pud Apparatus and Other Paraphernalia for Dangerous
gani ng nakapusil ka, gamit ang 45 caliber gun, unya I Drugs.
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I will advice the male students. Madisgrasya mo diha no bar exam question regarding RA 9165. Swerte kaayo if
tapos naay aluminum foil na nakit-an. Improvised tooter. kada bulan naa’y decision from the Supreme Court
Maayo kung bright inyong abugado. What if pag test sa regarding dangerous drug law.
inyong improvised tooter, naay shabu na nakit-an. Eh di
pusa mo! You know there are lawyers in Davao City who Elements of Section 5:
are under the surveillance of PDEA. Because there are
1. The identity of the buyer, seller, the object and
lawyers in Davao City who are taking shabu. That is why
the consideration, it has to be established.
when they go to my court, especially during cross 2. The delivery of the thing sold in the court
examination, the lawyer does this oh. (Judge 3. Proof that the transaction took place coupled with
demonstrates the act.) the presentation before the court of the substance
presented as evidence.
With that kind of lawyer, he does not want me to
see how his mouth moves because I can determine if you That is why noh, in the prosecution, a question is
are an addict and what kind of substance you are taking asked. “When you arrived at the area, what happened?” “I
whether it is a marijuana or shabu. Sa imo lang baba, was introduced to the seller.” “During the introduction,
makabalo ko. Siyaro,pila naman pud ko ka tuig nag what happened?” “The seller gave to me a sachet of
atubang sa mga addicts. So, I hope in your batch wala’y shabu.” You think the court will believe you? How will I
mag ing-ana intawon ha. Mutukar baya jud ang magtake believe on you? How will you know that you gave a sachet
ana especially if pag exam. Halinon kayo ang shabu of shabu when you did not say so? Hhhmm. Wala pa gani
everytime naa’y exam. Naa baya mo’y exam karong ka kaingon, gitagaan na ka! Wala pa ka nag-ingon pila ang
sabado. Especially pag exam sa nursing, sa doctors, imong paliton, gitagaan naka. Pasabot nimo, mananagna
halinon ang shabu ana. Mao na, kamo mga males, please. ang seller? Gitagana niya ang imong huna-huna kung pila
ang imong paliton ug pila imong kwarta? See! These are
9. Section 13. Possession of Dangerous Drugs during
the considerations to determine whether or not the
Parties, Social Gatherings or Meetings.
accused may be held guilty for the crime of selling.
10. Section 14. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for Dangerous Another case. SP01 Julian. “so what happened in the
Drugs during Parties Social Gathering or Meetings. crime scene?” “I immediately informed him that I am a
11. Section 15. Use of Dangerous Drugs.
policeman.” “And after you told him you are a policeman,
12. Section 16. Cultivation or Culture of Plants
what did you do next?” “ I bought from him one sachet of
Classified as Dangerous Drugs or are Sources
shabu.” Mabuang ko sa tubag ui! What made you think
Thereof.
that the court will believe you that after saying that you
Just like the raid conducted here in Davao City where are a policeman, this party will still sell to you. These are
marijuana plants were uprooted inside the compound. the things. You know other lawyers do not accept drug
cases. But I challenge you. When you will become lawyers
13. Section 17. Maintenance and Keeping of Original in the future, try one. Not the drugs but the case. It is
Records of Transactions on Dangerous Drugs quite very challenge.
and/or Controlled Precursors and Essential
Chemicals. Even buyers must inform expressly the quantity that they
14. Section 18. Unnecessary Prescription of Dangerous are buying so they will know how much to deliver.
Drugs.
15. Section 19. Unlawful Prescription of Dangerous 2nd hour
Drugs.
0:59:20
Problem: Tommy, a police officer, posing as a buyer,
Try to accept drug cases..
bought marijuana from Erwin. The latter gave one pack of
marijuana dried leaves to Tammy. When Erwin was being Even regular buyers and users inform, impliedly or
arrested, he ran to the back of his house where another 3 expressly, the drug merchant on the quantity they
packs of marijuana leaves were confiscated from him. If are buying so that he will now how much to deliver.
you were the prosecutor, what charges would you file
against Erwin? For example if you have 500 peso with you as buy bust
money and the accused sold to you 5 grams of shabu, that
Answer: The charge would be the sale of dangerous is too good to be true. Because 5 grams of shabu is
drugs under Section 5 and illegal possession of drugs already worth 200,000 or 300,000. The 500 peso ang
under Section 11. hatag ana sa imoha 0.004g lang. But despite the fact that
you have 500 pesos which you gave to the seller, the
Let us first go to Section 5. What are the elements? I have
seller gave you 5 grams of shabu. Automatic na ba, I will
to emphasize this because there has been no question or
dismiss the case. I will direct the prosecution to show
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cause why the case will not be dismissed on the ground of What is the purpose of chain of custody? The purpose of
insufficiency of evidence. chain of custody is to preserve and maintain the integrity
of the drugs from the time it has come to the possession
Ok now. Although the actual negotiation need not of poseur buyer up to the time it was examined by the
be lengthy nor is there a need for haggling on the forensic chemist. So mabusisi. Asa man ni padulong ang
price (Dili uso na. In the drug trade, haggling no no na) drugs, kinsa man nga kamot niagi ang drugs. So the more
the drug peddler should be given the slightest hint people who will touch it, the more people will have to
at least on the quantity and the cost of the drug testify in court. That is the rule. So if there are 10 people,
being pushed. PP v Malakas December 8 1993 and PP v all of them will testify. That is chain of custody.
Uson July 5 1993.
Now what is chain of custody? (this is asked in the bar
(for pusposes of study): PP vs Malakas: exam) In a nutshell, it refers to the movement of
Thus, in People v. Uson,14 where the Court acquitted the
the evidence from the time it is recovered from the
appellant, we said: "Furthermore, the matter of the
crime scene up to the time it is offered in evidence
monetary consideration for the drug was never taken up
during the meeting . . . . They never discussed that Casino in court. the primordial purpose is to see to it that
was to purchase P100.00 worth of 'shabu' from appellant, the evidence has not been substituted or altered up
as Casino would have this Court believe otherwise in his to the time it is presented in court.
affidavit." And in People v. Queta,15we ruled: "The
evidence for the prosecution appears confined merely to Ok now, in one case, the sachet of shabu, kita man mo
buyer-told-seller-of-intention-to-buy marujuana, and unsa sachet sa shabu no? sige langkung makalabay mo sa
seller-handed-over-stuff-while-buyer-gave-P10.00-as- akong korte….
payment. But how could appellant, as seller, have known
what quantity to bring when from the testimony he did not Now whoever touches it there is a requirement that he or
even have the slightest idea of how much marijuana Sgt.
she must testify in court. Now, in more technical term,
Reyno, as buyer, was interested in purchasing?"
chain of custody refers to the chronological documentation
Indeed, the seller has first to be apprised of how much is
being purchased before he could deliver. The poseur- (this should be your answer when you are asked in the bar
buyer could do this by expressly disclosing how much he is exam). Chain of custody is the chronological
buying or by simply giving the marked money for the documentation of the seizure, custody, control,
seller to have a hint of how much worth the buyer is transfer, analysis, and disposition of evidence from
interested to acquire. A survey of cases where a buy-bust the time it was seized up to the time it was offered
actually transpired shows that the poseur-buyer would
in evidence in court. This is material because it is part
either first ask, "[t]iene ba quita alli?" (Do you have
anything there?), and the suspected pusher would answer, of proving the corpus delicti of the crime. If you look at
"[t]iene acqui valor de P5.00 lang de marijuana" (I have the decision of the supreme court, there are so many
here worth only P5.00 of marijuana), afterwhich the cases reversing the conviction on the ground that the
poseur-buyer would reply, "[s]aca yo se, compra yo chain of custody has not been established with certainty.
conose" (I will take that, I will buy it); 16or the poseur-
buyer would simply hand to the suspected pusher the Now, remember ha. Chain of custody means the duly
marked money and wait; 17or the poseur-buyer would recorded authorized movements and custody of
casually approach the suspected pusher and tell the latter seized drugs or controlled from the time of
"[t]atlong piso lang, pare," meaning, in their peculiar
seizure/confiscation to receipt in the forensic
lingo, P300.00 worth of "shabu;" 18or conversations of
similar import, the bottom-line being that the suspected laboratory to safekeeping to presentation in court
pusher is informed of how much worth of prohibited drugs for destruction. Such record of movement and
is being purchased before he actually delivers the goods. custody of seized item shall include the identity and
signature of the person who held temporary
custody. When you will become lawyers, and you handle
Now it’s a requirement that in the prosecution of drug cases see to it that the signature of the poseur buyer
dangerous drugs, the identification of the drugs should be or the one who first take possession of the drug is
made in open court. The identification of the drugs should present.
be made in open court by poseur buyer. Meaning the
police man who allegedly bought the shabu must identify If I present to you the subject matter of this case, will you
him in open court. Why? Its very material. Because if the be able to identify it?and the witness pod will say Yes. Ana
drug is not identified, there is no way for prosecution to dayon nang prosecutor, I will submit to you exhibit A blab
prove the corpus delicti of the crime. Now that is why we la –Dili ko musogot. Never mind that question. Let me ask
have this rule on the chain of custody. The cahin of first, how will you be able to identify it? A: Because it’s a
custody must be established with clarity, must be rectangle. Unya there are so many sizes that are rectangle
established with certainty. in the world. Unya naa na poy ni ask, How will you be able
to identify it? A: Because it’s a rectangle your Honor.

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Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

So how will you be able to determine that that one is the up the following defenses, viz: (1) that facilities for
same sachet of shabu if that is your answer. The correct the commission of the crime were intentionally
answer is: It is because I have placed my initial or my placed in his way; or (2) that the criminal act was
signature on the sachet of shabu. Ayun! Ang first rule of done at the solicitation of the decoy or poseur-
the chain has already been established because you put buyer seeking to expose his criminal act; or (3) that
your markings thereon. Meaning..?..gikan sa akusado. Dili police authorities feigning complicity in the act
kay because it is a rectangle and if I will be shown a were present and apparently assisted in its
rectangle size I will remember it. Nah, naloko na! commission.

Now there’s a question. You know in section 5, it’s a buy Now usually during the buy bust operation, surveillance is
bust operation because it’s (?) trade or (?). Is the conducted by the police men. Surveillance, dili man na
presentation of the buy bust money as one of the exhibit, buang ang police na muambak ra’g kalit anang barangay
by the way what is a buy bust money? pogi or anang mini forest without conducting surveillance.
But there are police men who are really very courageous.
It is a general money that you pay to the seller. Why is it They will proceed to the buybust operation without any
called the buy bust money? It is called the buy bust surveillance.
money because it has the marking of the arresting officer
or the poseur buyer. Unsa ilang marking? Ilang pangalan The question is, is surveillance a necessary requirement?
or initials. Gone are the days that buy bust money is being No. Norgie Cruz vs PP Feb 6 2009. Does the absence of
casted with fluorescent powdered. Gun were the days. The surveillance affect the validity of the entrapment
Supreme Court held that the buy bust money need not be operation? No. Settled is the rule that prior
fluorescent powdered. The initials may be enough. surveillance is not a prerequisite for the validity of
Because pag magpa fluorescent powder ka will undergo an entrapment operation especially so if the buy-
process. Magbutang ka ug powder, examine, etc. Whereas bust team is accompanied by the informant. The
the mere placing of initial or signature of the responsible police officers may decide that time is of the
officer will be enough. essence and dispense with the need of prior
surveillance. Ok.
So here in the case of PP vs Willie Yap, as to the non-
presentation of the buy bust money, the law or the Now what is the penalty if you will be found guilty for
jurisprudence require the presentation of the money used selling, delivery or transportation? Imprisonment or death
in the buy bust operation. Would there be an instance? or the fine of 500-10 million. Ok
Yes there is when during the buy bust operation the
accused has sensed that it is an entrapment proceeding, Section 5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of Dangerous
the accused will immediately throw away the money.
Drugs and/or Controlled Precursors and Essential
Labay didto sa kanal. Pag dakop sa iya the buy bust
Chemicals. - The penalty of life imprisonment to death and
money cannot eb found. Ngano man, tua na man didto sa a fine ranging from Five hundred thousand pesos
kanal. (P500,000.00) to Ten million pesos (P10,000,000.00) shall
be imposed upon any person, who, unless authorized by
Do you think there is no more case if the buy bust money law, shall sell, trade, administer, dispense, deliver, give
will not be recovered? No. There can still be a case filed away to another, distribute dispatch in transit or transport
against you. After all the presentation of the buy money is any dangerous drug, including any and all species of
not one of the elements of a crime. opium poppy regardless of the quantity and purity
involved, or shall act as a broker in any of such
What is a decoy solicitation? It is part of an entrapment transactions.
xxx
proceeding. A police officer’s act of soliciting drugs
from the accused during a buy-bust operation, or
what is known as a "decoy solicitation," is not Now if you sell drug within the radius of 100 meters from
prohibited by law and does not render invalid the the school? The maximum penalty shall be imposed in
buy-bust operations. every case. Ok lang mag buy bust ang seller dili taga
ateneo, kung lawschool na ako ang mag inhibit, especially
Other would say, Is it not that it is an instigation? Kung
kung akong students. But there are other students of mine
tanawon nimo instigation gud. But so many case the SC
before…(story)
would say that you cannot claim as defense instigation
because of the fact that it is considered as a decoy What about if the drug pushers will use minor? Again
solicitation. Yon. maximum, it’s a qualifying aggravating circumstance. For
drug pushers who use minors or mentally
The established rule is that when an accused is
incapacitated individuals as runners, couriers and
charged with the sale of illicit drugs, he cannot set
messengers, or in any other capacity directly
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connected to the dangerous drugs and/or Majority of the cases in the Supreme Court rest on the
controlled precursors and essential chemical trade, non-establishment of the chain of custody under Section
the maximum penalty shall be imposed in every 21 of RA 9165.
case.
Now, next, as a general rule, the law mandates that the
What if the victim of the offense is a minor or a mentally lead agency that would conduct a finding on any drug
incapacitated individual? The penalty is also qualifying. operation should be the PDEA but that does not mean that
Maximum. PNP are no longer allowed to conduct one. They are
allowed. So even if there is no proper prohibition to the
No what are those financiers? Who are they? There are PDEA, it does not invalidate any drug operation conducted
so many financiers, there are politicians are financiers. by the policemen. As a atter of fact, police stations here in
Any person who pays for, raises or supplies money Davao City conduct more drug operations than the PDEA.
for, or underwrites any of the illegal activities. The Kasi ang sabi ng PDEA, sinako na ilang gusto. They will
penalty is also maximum. conduct buy bust operation or a raid basta minillion. Less
than 1 million, PNP lng na. mao na ang mga polis ang
Who are those protector under the law? Any person
pandakpon kay 0.001, 2.1. per gram is worth 12,000
who knowingly and willfully consents to the
pesos now. The price of shabu is greater than per gram of
unlawful acts provided for in this Act and uses
gold. Kasi ang gold 7-9,000. So it’s a good business noh.
his/her influence, power or position in shielding,
harboring, screening or facilitating the escapee to Pp v Figueroa 2012. It does not invalidate the operation if
prevent the arrest. That is what a protector is. there was no correlation(?) with the PDEA.

Now we go to Sec 11. Illegal Possession of Dangerous Now would non-compliance render the procedure void?
Drugs. There are technically three basic elements: Mere lapses in the procedure would not invalidate.
Tingnan yung rule, kanina. Is strict compliance with the
1. The accused is in possession of an item or
prescribed procedure essential? We said yes. In fact there
an object which is identified to be a
is a jurisprudence on that, section 21. But here if there are
prohibited drug
2. Such possession is not authorized by law some lapses in the procedure, this is the ruling, even if
3. The accused freely and consciously there are some lapses in that procedure, if it did not
possessed the said drug destroy the integrity and the evidentiary value of the
seized items, the integrity and the evidentiary value are
It’s an __ of presenting evidence..that the accused is still preserved, pwede na man ba, for as long as there is a
freely and consciously in possession of that drug. Now justifiable reason why was there a lapse in the procedure.
remember that in section 11 it must be shown that the But as a matter of rule, strict compliance of the procedure
requirement in the conduct of the raid was by virtue of a is required. But if it can be explained, I will give an
search warrant or it’s a warrantless arrest. Because we go example:
back to the rule. Policemen are not allowed to just
unceremoniously search you. What is the rule? He will The drug buy-bust is conducted in Mini-Forest, diha
have to arrest you because you have committed a crime pasulod sa boulevard. There is a portion there in
and he will search you. It is not otherwise, they are going Boulevard that is considered as shabu tiangge. It is
to search you and then arrest you, no. search and then displayed, an open-field, open to all to whom it may
arrest? No. Arrest then you can be searched, that’s the concern. If the buy bust is conducted there, the tagging,
golden rule although there are so many exceptions also. you are going to mark your initial or signature and it
should be done there. But most of the time the policemen
Now under Section 8 Rule 126, we have discussed this will never do that. Why is that so? Because of the
already noh when we were discussing crimes committed environment. If they are going to observe the rule strictly
against fundamental law of the state, the two-witness rule under section 21 the tagging should be done there. But
applies only in the absence of a lawful applicant. That’s there’s a justifiable reason why the policemen will not do
provided under Rule 126 Section 8. that. Why? Because the life and limb are at stake there.

Ok, Chain of Custody, ok. Other points: The defense counsel will say, Is it not a requirement that
the tagging must be done in the premises where the crime
Is strict compliance with the prescribed procedure
was committed. And the policeman will say, I forgot sir.
essential? When we say chain of custody, the law that
Forgot ka diha! So I will come to the rescue: What was
would support the requirement of proving the chain of
the environment at that time? Kay sayang man ang kaso
custody will be Section 21 of RA 9165. That is the bulk of
gud.Just because of technicality imoha lang ing anaon.
what is chain of custody is all about. So is the procedure in
Then they are not exposing justice here. You know justice
Section 21 to be strictly complied? Yes it should be.
is not only for the__ it is also for the state. So in things
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Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

like that you will have to establish what was the Decree No. 968, as amended.
environment in the scene of the crime. Was it hostile? Was
the people already _ the morale? Buang buang kang police But supposing you are charged and you pleaded guilty on
ka kung mag tagging ka didto. There is something wrong sec 12 only. Ano yung sec 12. Possession of Paraphernalia.
with you. Gawas kung gahulat ka ug platoon. Unya pila ra The penalty there is 2 years to 4 years of imprisonment.
man ang polis 3, 5, 7, 8 lng mn ang mag buybust. So it’s
impossible. Question: can you avail of the benefits of probation? Even
lawyers, prosecutors would make this mistake. They would
Is the presumption of regular performance of duty say that a person charged under sec 12 for possession of
conclusive in chain of custody? This was already asked in paraphernalia is not allowed to avail of probation. The
the Bar. No. in fact, it’s not conclusive that’s why the answer is: No, he is allowed! He can avail of the benefits
prosecution must establish it firmly why was it so. And it of probation. Why, what is the requirement in probation?
has to establish justifiable reason why was this particular The sentence should be not less than 6 years. And the
procedure complied with. penalty for sec 12 is less than 6 years. And the law is
explicit who are those not allowed to avail of the law on
Another. Is plea bargaining allowed in RA 9165? Plea probation. Only those who are considered as traffickers or
Bargain ta. Unsa charge nimo? Section 5. Plea bargain ta for selling. Sila lang under sec 5. They are not allowed to
para mu mubo ang sentence. No that is not allowed. avail of probation. So do not make the mistake as most
Under RA 6425, the older version of this law, that is lawyers or prosecutors do.
allowed. But right now that is not allowed. Under section
23: Cite the significance if the positive finding of the use of
dangerous drugs is found in the commission of the crime.
Section 23. Plea-Bargaining Provision. – Any person The law says this will constitute as a qualifying
charged under any provision of this Act regardless of the
aggravating circumstance. So if you are charged for selling
imposable penalty shall not be allowed to avail of the
provision on plea-bargaining. there is another paragraph or charge that the prosecutors
will state in the information. That the accused is found
There was one litigant who went to my court.. The charge positive for use of dangerous drugs, which is alleged as a
against her son in my court was for Sec 5 but she has qualifying aggravating circumstance. So therefore that is
another nephew who was charged with Sec 5 in allowed. Although I mention to you later the case of
Compostella. And accordingly, plea bargaining is allowed Laserna.
there. So didto mo mag plea bargaining. What happened
to the judge there, he was _. Now let’s go to BQ 2005. A positive finding for the use of dangerous drugs
shall be a qualifying aggravating circumstance in
Obi Juan was suspected to be in possession of uncertain the commission of a crime by an offender, and the
amount of Metamphetamine HCl. An entrapment operation application of the penalty provided for in the
was conducted which resulted to his arrest, finding in his Revised Penal Code.
possession 500 grams of said dangerous drugs. He was
subjected to a drug test and found positive for the use of 2005 BQ: Candido stabbed an innocent by-stander who
Marijuana, another dangerous drug. He was subsequently accidentally bumped him. The innocent by-stander died as
charged with 2 crimes, sec 11 for the possession of shabu a result of the stabbing. Candido was arrested and was
and sec 15 for the use of marijuana. So as not to be subsequently found positive for the use of shabu at the
sentenced to death, Obi plead guilty to a lesser offense. time he committed the stabbing. What should be the
Can he do so? Based on what the law provides? No. Obi proper charge filed against Candido? Ano ang crime niya,
Juan cannot plead guilty for a lesser offense since that is homicide noh. What about the fact that he was tested
explicitly prohibited under Sec 23 of RA 9165. The law positive for use of shabu at the time of the crime? What is
provides that “any person charged under any provision of the effect?
this Act regardless of the imposable penalty shall not be
allowed to avail of the provision on plea-bargaining.” A: Candido is liable for Homicide only. The act of stabbing
was not consciously adopted and only accidental and
But what about probation? Can a person convicted of the therefore negates treachery. However since the crime
crime of drug trafficking or drug pushing avail of the was committed under the influence of dangerous drugs,
probation law? No. Sec 24 says: such act becomes a qualifying aggravating circumstance
pursuant to Sec 25 of RA 9165.
Section 24. Non-Applicability of the Probation Law for
Drug Traffickers and Pushers. – Any person convicted for However you have to qualify this kind of answer. How did
drug trafficking or pushing under this Act, regardless of
you know that he was tested positive? Because after the
the penalty imposed by the Court, cannot avail of the
privilege granted by the Probation Law or Presidential arrest he was brought to the PNP crime laboratory and
was made to urinate. Whaaat? And so therefore that is
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your basis in telling us that he tested positive? Yes, an offender, and the application of the penalty provided
because the crime laboratory says so. What would then for in the Revised Penal Code shall be applicable.
be our legal basis in forcing him to urinate and have this
result used against him as aggravating circumstance? Is it 2005 BQ: A stabbed an innocent bystander who
not violative of his right? I will cite to you a case later. accidentally bumped him. The innocent bystander died as
a result of the stabbing. A was arrested and was tested
Alright, mere conspiracy to commit a crime etc. these are positive for the use of shabu at the time he committed the
the acts being violated under Section 26. stabbing. What should be the proper charge against A?
Ang crime niya, homicide. But what about the fact he was
When is a violator immune from prosecution and tested positive for the use of shabu at the time of the
punishment. Sec 33. Seldom do we give immunity to commission of the crime? What would be the effect?
them. Because most of the time those who will seek
immunity are pushers. That’s provided for under Sec 33. Answer: A is guilty of homicide only. The act of stabbing
was not consciously adopted, but only accidental and
Break 5 minutes. 1:37:25 therefore negates treachery. However, since the crime
was committed when he was under the influence of
Kyrie’s part dangerous drugs, such fact becomes a qualifying
Note that the middle portion (ITALICIZED) overlapped aggravating circumstance pursuant to section 25 of RA
with Justin’s  9165.

…But supposing you are charged and you pleaded guilty However, I have to qualify this kind of answer. How did
under Section 12, Possession of Drug Paraphernalia. The you know that he was tested positive? Because after the
penalty is 2 years to 4 years of imprisonment. Can you arrest, he was brought to the PNP crime laboratory and
avail of the benefits of probation? Even lawyers would was made to urinate. And so therefore, that is your basis
make a mistake. Even prosecutors. They’re supposed to in telling us that he is positive? Yes! What would be our
legal basis in forcing him to urinate? And later on have his
know the law more than the ordinary lawyer. They would
result used against him and consider it as a qualifying
simply say that a person who is charged for violation of
aggravating circumstance? Isn’t that violative of his right?
section 12 for possession of drug paraphernalia is not
I will cite to you later the case decided by the CJ Sereno.
allowed to avail of probation law. NO! He is allowed! He
can avail of the benefits of probation. Alright, mere conspiracy to commit the crime of selling,
etc. These are the acts enumerated under section 26.
Why? What is the requirement to avail of probation? The
requirement is the penalty should not be less than 6 years.
Section 26. Attempt or Conspiracy. – Any attempt or
The penalty for section 12 is less than 6 years. The law is
conspiracy to commit the following unlawful acts shall be
very specific as to who are those persons who are not penalized by the same penalty prescribed for the
allowed: Only those who are considered as traffickers or commission of the same as provided under this Act:
selling. Sila lang under section 5. They are not allowed to (a) Importation of any dangerous drug and/or controlled
avail the benefits of probation. Never commit the mistake. precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous drug
Now, site the significance if the positive finding for the use and/or controlled precursor and essential chemical;
of dangerous drugs is found in the commission of the (c) Maintenance of a den, dive or resort where any
crime: dangerous drug is used in any form;
The law says, it shall constitute as a qualifying aggravating (d) Manufacture of any dangerous drug and/or controlled
circumstance. So, if you are found, charged for the crime precursor and essential chemical; and
of selling, there’s another paragraph that the prosecutors (e) Cultivation or culture of plants which are sources of
would state in the information, “that the accused is found dangerous drugs.
positive for use of dangerous drugs”, which is alleged as a
qualifying aggravating circumstance. Is that allowed? Of When is a violator immune from prosecution and
course it’s allowed. That is allowed because that is what punishment? That is provided under section 33 of the law.
the law says. Although, I have to mention to you later the Seldom do we give immunity to them because most of the
cases of Pimentel and Laserna. time, those who will apply for immunity are the pushers.
That is provided under section 33.
Section 25.Qualifying Aggravating Circumstances in the
Commission of a Crime by an Offender Under the Section 33. Immunity from Prosecution and Punishment .
Influence of Dangerous Drugs. – Notwithstanding the – Notwithstanding the provisions of Section 17, Rule 119
provisions of any law to the contrary, a positive finding for of the Revised Rules of Criminal Procedure and the
the use of dangerous drugs shall be a qualifying provisions of Republic Act No. 6981 or the Witness
aggravating circumstance in the commission of a crime by Protection, Security and Benefit Act of 1991, any person
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who has violated Sections 7, 11, 12, 14, 15, and 19, Article months.
II of this Act, who voluntarily gives information about any Upon recommendation of the Board, the court may
violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of commit the accused under suspended sentence to a
this Act as well as any violation of the offenses mentioned Center, or to the care of a DOH-accredited physician for at
if committed by a drug syndicate, or any information least six (6) months, with after-care and follow-up
leading to the whereabouts, identities and arrest of all or program for not more than eighteen (18) months.
any of the members thereof; and who willingly testifies In the case of minors under fifteen (15) years of age at
against such persons as described above, shall be the time of the commission of any offense penalized under
exempted from prosecution or punishment for the offense this Act, Article 192 of Presidential Decree No. 603,
with reference to which his/her information of testimony otherwise known as the Child and Youth Welfare Code, as
were given, and may plead or prove the giving of such amended by Presidential Decree No. 1179 shall apply,
information and testimony in bar of such prosecution: without prejudice to the application of the provisions of
Provided, That the following conditions concur: this Section.
(1) The information and testimony are necessary for the
conviction of the persons described above; Now, what is the consequence after compliance with
(2) Such information and testimony are not yet in the conditions of suspension of sentence in the case of first-
possession of the State; time minor offenders? Well, if the accused first-time minor
(3) Such information and testimony can be corroborated offender complies with the applicable rules and
on its material points; regulations, the court, upon a favorable recommendation
(4) the informant or witness has not been previously of the board, shall discharge the accused and dismiss all
convicted of a crime involving moral turpitude, except proceedings. We do that, especially in the family court.
when there is no other direct evidence available for the Upon the dismissal of the proceedings against the
State other than the information and testimony of said accused, the court shall enter an order to expunge all
informant or witness; and official records, etc.
(5) The informant or witness shall strictly and faithfully
comply without delay, any condition or undertaking, Section 67. Discharge After Compliance with Conditions
reduced into writing, lawfully imposed by the State as of Suspended Sentence of a First-Time Minor Offender . –
further consideration for the grant of immunity from If the accused first time minor offender under suspended
prosecution and punishment. sentence complies with the applicable rules and
Provided, further, That this immunity may be enjoyed by regulations of the Board, including confinement in a
such informant or witness who does not appear to be Center, the court, upon a favorable recommendation of
most guilty for the offense with reference to which his/her the Board for the final discharge of the accused, shall
information or testimony were given: Provided, finally, discharge the accused and dismiss all proceedings.
That there is no direct evidence available for the State Upon the dismissal of the proceedings against the
except for the information and testimony of the said accused, the court shall enter an order to expunge all
informant or witness. official records, other than the confidential record to be
retained by the DOJ relating to the case. Such an order,
Who may avail of suspended sentence? Minors only. which shall be kept confidential, shall restore the accused
Section 66, first-time minor offenders. to his/her status prior to the case. He/she shall not be
held thereafter to be guilty of perjury or of concealment or
Section 66. Suspension of Sentence of a First-Time Minor misrepresentation by reason of his/her failure to
Offender. – An accused who is over fifteen (15) years of acknowledge the case or recite any fact related thereto in
age at the time of the commission of the offense response to any inquiry made of him for any purpose.
mentioned in Section 11 of this Act, but not more than
eighteen (18) years of age at the time when judgment Now, can the privilege of suspended sentence be availed
should have been promulgated after having been found of more than once by the first-time minor offender? No.
guilty of said offense, may be given the benefits of a Section 68 provides that the privilege of suspended
suspended sentence, subject to the following conditions: sentence shall be availed of only once by an accused drug
(a) He/she has not been previously convicted of violating dependent who is a first-time offender over fifteen (15)
any provision of this Act, or of the Dangerous Drugs Act of years of age at the time of the commission of the violation
1972, as amended; or of the Revised Penal Code; or of of Section 15 of this Act but not more than eighteen (18)
any special penal laws; years of age at the time when judgment should have been
(b) He/she has not been previously committed to a Center promulgated.
or to the care of a DOH-accredited physician; and
(c) The Board favorably recommends that his/her Section 69. Promulgation of Sentence for First-Time
sentence be suspended. Minor Offender. – If the accused first-time minor offender
While under suspended sentence, he/she shall be under violates any of the conditions of his/her suspended
the supervision and rehabilitative surveillance of the sentence, the applicable rules and regulations of the Board
Board, under such conditions that the court may impose exercising supervision and rehabilitative surveillance over
for a period ranging from six (6) months to eighteen (18) him, including the rules and regulations of the Center
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Original TSN from 2012- 2013 Uno Manresa lectures

should confinement be required, the court shall pronounce we call the Indeterminate Sentence Law (ISL). The ISL
judgment of conviction and he/she shall serve sentence as says, if what is violated is a special law, you can only
any other convicted person. impose the penalty between 12 years minimum to 20
years maximum. Pili ka lang. But since he is a minor, that
depends upon the discretion of the judge. So, pwede, in
Now, limited applicability of the RPC. Are provisions of the my case, 12 years and one day as maximum to probably
RPC applicable to RA 9165? The provisions of the RPC 14 years. Dili na nako ipaabot ug 20 years kasi nga minor
have limited applicability. The law provides that sya. But not on the basis of limited applicability.
notwithstanding any law, rule or regulation to the
contrary, the provisions of the Revised Penal Code (Act To my mind, we will only apply limited applicability if the
No. 3814), as amended, shall not apply to the provisions minor is charged under section 5 since the penalty for
of this Act, except in the case of minor offenders . Where section 5 is life imprisonment to death. You can convert it
the offender is a minor, the penalty for acts punishable by to reclusion perpetua. That is the time that we will apply
life imprisonment to death provided herein shall be the mitigating circumstances like when he is entitled to
reclusion perpetua to death. the privileged mitigating circumstance of minority.

Why is it specific? The penalty for example, if a minor is Now, another point, section 20.
charged under section 5, based on the law, the penalty All the proceeds and properties derived from the unlawful
would be life imprisonment to death. But, under RA 9165, act, including, but not limited to, money and other assets
since the accused is a minor, we will not impose life obtained thereby, and the instruments or tools with which
imprisonment, but instead, we are going to use the the particular unlawful act was committed, unless they are
nomenclature of the penalties in the RPC. That is the only the property of a third person not liable for the unlawful
instance that we will apply the provisions of the RPC. As a act, but those which are not of lawful commerce shall be
general rule, we will not apply because the law says so eh, ordered destroyed.
limited applicability lang. So, limited applicability lang if
the one involved is a minor. Kasi pag we are not going to Now, during the pendency of the case in the RTC, no
use the penalty under the RPC, and since he is a minor, property, or income derived therefrom, which may be
how are we going to provide for the penalty for the confiscated and forfeited, shall be disposed, alienated or
minor? Diba as a general rule, the minor is entitled to the transferred and the same shall be in custodia legis and no
privileged mitigating circumstance of minority. Asa man ta bond shall be admitted for the release of the same.
mag privileged mitigating sa life imprisonment to death?
So, we have to convert it to reclusion perpetua. So that, I brought this out because of the case of PDEA vs Brodett
since the accused is a minor, he is entitled to a privileged and Jorge Joseph. This happened somewhere in Forbes
mitigating circumstance of one degree lower, which would Park in Manila. Contorversial man ni because Brodett and
be reclusion temporal. Diha ka karon magstart ug Joseph belong to influential families there in Manila. A
compute. buy-bust operation was conducted. During the buy-bust
operation, allegedly the accused used a honda civic.
Now, for example, A is a minor, he committed a crime for During the time that it was filed in court, the owner, the
violation of section 11. The penalty for section 11 is 12 mother, wanted to get the honda civic and the court
years and 1 day to 20 years. Now, in the commission of allowed the release of the honda civic of the mother.
the crime, he voluntarily surrendered and voluntary PDEA objected, “nganong girelease man toh nga it was an
confession of guilt during the arraignment. So, he has two instrument in the commission of the crime?!” Pag abot sa
mitigating circumstances. How are we going to apply that? SC, the SC reprimanded the judge who released it. That’s
In my opinion, there has been no decision yet pertaining why, by virtue of this ruling by the SC, every drug buy-
to the matter, this is just my opinion ha. If the minor is bust operation…filed in my court where it involves a motor
charged for violation of section 11, then we do not apply vehicle, that is accordingly used in the commission of the
that which is provided for in the law because we will only crime, never will i allow its release. Muingon mo, “malata
apply the conversion is convicted for section 5 where the na diha!” O syempre, malata gyud na diha. But that is not
penalty is reclusion perpetua to life imprisonment. We my problem. I will only release that when the prosecution
change it to reclusion perpetua. But he is charged for has rested its case and did not offer it as evidence. Ngano
section 11, the penalty is 12 years and one day to 20 man? Mahadlok ko macharge ug gross ignorance of the
years, so how are we going to apply the mitigating law. After all, remember, that the story of section 20
circumstances here? Remember the general rule in the presupposes that there is already a judgment stating
study of criminal law. If what is violated is a special law, these are part or proceeds in the commission of the crime.
we do not consider the mitigating circumstances, right? Now, how are we going to determine? Is it not that we’re
The aggravating and mitigating, we will not consider that. only going to determine after the case has been rested?
We’ll only consider that if what is violated is the provisions Because that is a penalty eh.
of the RPC. My opinion, although there is no case so far, is
that we do not apply this limited applicability when the So, when you talk about confiscation, that is already a
minor is charged with section 11. After all, there is what penalty. Forfeiture and confiscation is a form of penalty.
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When you talk about that, sa ato pa naa nay judgment? maximum of five qualifications for one to be a candidate
NOT YET! Mao na daghan kaayong bus, didto man for said elective position and become a member of the
nagtransaction sa bus. Asa ron ang bus? Naa diha ron, senate. He says that Congress and Comelec, by requiring
nalata. Mao lagi na diha sa hall of justice, asa man namo via RA 9165 and Resolution 6486 a senatorial candidate to
na ibutang? didto na sa police station that conducted the undergo a mandatory drug test, create an additional
police operation. Katong mga motorsiklo nga gigamit, naa qualification that all candidates or senator must first be
didto sa mga police station. IF the prosecution would offer certified as drug free. He adds that there is no provision in
it, that’s the time nga dalhon sa korte. Naa puy uban nga the constitution authorizing Congress or Comelec to
exagerrated kaayo, “where was the motor vehicle at the expand the qualifications/requirements of candidates for
time of the commission of the crime? “mga 30 meters senator. So, how did the SC rule on the matter?
away, your honor.” “why is it that you included in the
confiscation the motor vehicle?” “because it was used in “Pimentels contention is well-taken. Accordingly, Sec.
the commission of the crime” Ah giunsa na pag gamit? 30 36(g) of RA 9165 should be, as it is hereby declared as,
meters away? Unya giconfiscate ang motor vehicle? unconstitutional. It is basic that if a law or an
(inaudible) But, didto nagtransact inside the bus. The buy- administrative rule violates any norm of the Constitution,
bust was conducted inside the bus. Ah wala. There’s no that issuance is null and void and has no effect. The
way. Hulata. Hulata mahuman ang kaso or the Constitution is the basic law to which all laws must
prosecution may not offer it as part of its evidence. conform; no act shall be valid if it conflicts with the
Because again, section 20 says so. There’s a counterpart Constitution. In the discharge of their defined functions,
of section 20 in the RPC. That is i think Article 45. It the three departments of government have no choice but
provides that “every penalty imposed for the commission to yield obedience to the commands of the Constitution.
of a felony shall carry with it the forfeiture of the proceeds Whatever limits it imposes must be observed. xxx
of the crime and the instruments or tools with which it
was committed.xxx” COMELEC cannot, in the guise of enforcing and
administering election laws or promulgating rules and
Let’s go to the case of SJS vs DDB, Dela serna vs DDB and regulations to implement Sec. 36(g), validly impose
the case of Pimentel, Jr. vs COMELEC (consolidated cases- qualifications on candidates for senator in addition to what
G.R. 157870). I would like to assume you have discussed the Constitution prescribes. If Congress cannot require a
this in your constitutional law. Constitutional law nga candidate for senator to meet such additional qualification,
subject ni eh. Anyway, just to refresh your memory. What the COMELEC, to be sure, is also without such power. The
happened here? In these petitions, the constitutionality of right of a citizen in the democratic process of election
section 36 of RA 9165 insofar as it requires mandatory should not be defeated by unwarranted impositions of
drug testing of candidates for public office, students in requirement not otherwise specified in the Constitution.”
secondary and tertiary schools, officers and employees in
public and private offices, persons charged before the That’s why daghan kaayog adik sa government kay wa na
prosecutor's office with a criminal offense having an may drug test! Ngano man? Because of this case! Daghan
imposable penalty of imprisonment of not less than six (6) kaayo nag benepisyo nga congressman nga mga adik!
years and one (1) day.
September 11 (After BREAK)
Candidates for public office, just like Aquilino Pimentel
who ran for senator. There’s an additional requirement. Justin’s part
There should be drug testing, that’s why he questioned it.
Now, the penalty, for example a minor is charged
Because the qualifications for senators are laid down in
the Constitution. And the constitution does not say so. But for Section 5. Based on the law, the penalty would be life
the law requires said drug testing. So, which will prevail? imprisonment to death. But under RA 9165, since the
The Constitution. So, in the case of Pimentel, Pimentel accused is a minor, we would not impose life
filed a petition for certiorari and prohibition seeking to imprisonment but instead we will use the nomenclature
nullify section 36 of RA 9165 and Comelec Reolution No. under the Revised Penal Code. That is one of the instances
6486 for being unconstitutional in that they impose a when we will apply the Revised Penal Code. As a general
qualification for candidates for senators in addition to rule, we do not apply. Limited applicability lang. If we are
those already provided for in the 1987 Constitution. not going to use the penalty under the RPC and since he is
Pimentel imposed as legal basis section 3 article 6 of the a minor, how are we going to provide for a penalty for the
1987 Constitution which says, “No person shall be a minor? Di ba as a general rule, the minor is entitled to
Senator unless he is a natural-born citizen of the privilege mitigating circumstance, right? Asa man ta mag
Philippines, and, on the day of the election, is at least
privileged mitigating circumstance from life imprisonment
thirty-five years of age, able to read and write, a
to death? So we have to convert it to reclusion perpetua.
registered voter, and a resident of the Philippines for not
So that since he is a minor, he is entitled to a privilege
less than two years immediately preceding the day of the
election.” Wala tong mandatory drug testing! Now, mitigating circumstance of one degree lower. One degree
according to Pimentel, the constitution prescribes only a lower would be reclusion temporal. Diri ka magstart
compute.
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For example, A is a minor. He committed a crime schedule a hearing for the confiscation and forfeiture of all
of violation of Section 11. The penalty for Section 11 is 12 the proceeds of the offense and all the assets and
years and 1 day to 20 years. Now, in the commission of properties of the accused either owned or held by him or
the crime, there is voluntary surrender. There is voluntary in the name of some other persons if the same shall be
found to be manifestly out of proportion to his/her lawful
confession of guilt during the arraignment. So he has two
income: Provided, however, That if the forfeited property
mitigating circumstances. In my opinion, there has been is a vehicle, the same shall be auctioned off not later than
no decision yet, if the accused is a minor charged with five (5) days upon order of confiscation or forfeiture.
violation of Section 11, we do not apply that which is
provided for by law because we will only apply the During the pendency of the case in the Regional Trial
conversion if the minor is convicted for Section 5 where Court, no property, or income derived therefrom, which
the penalty is life imprisonment. We change it to reclusion may be confiscated and forfeited, shall be disposed,
perpetua. But if he is charged under Section 11, how are alienated or transferred and the same shall be in custodia
legisand no bond shall be admitted for the release of the
we going to apply the mitigating circumstance here?
same.
Remember the general rule, when what is violated is a
special law, we do not consider the mitigating (and The proceeds of any sale or disposition of any property
aggravating) circumstance. We only consider that when confiscated or forfeited under this Section shall be used to
what is violated is a provision of the RPC. My opinion, pay all proper expenses incurred in the proceedings for the
although there is no case so far where the SC directly confiscation, forfeiture, custody and maintenance of the
attacked the issue, is that we do not apply this when the property pending disposition, as well as expenses for
minor is charged under Section 11. After all, there is what publication and court costs. The proceeds in excess of the
above expenses shall accrue to the Board to be used in its
we call the ISL. ISL says when what is violated is a special
campaign against illegal drugs.
law, you can only have the penalty of 12 years minimum
to 20 years maximum. So pili ka lang. But since the minor,
Now, during the pendency of the case in the RTC,
it will depend on the discretion of the judge. So, pwede 12
no property xxx can be derived therefrom because it will
and 1 days to probably 14 years. Di na paabuton sa 20
be confiscated and xxx disposed and transferred in
years, kay minor siya. But what is the basis of the limited
custodia legis. I brought this one because the SC has ruled
applicability? To my mind, we will only apply the limited
in PHILIPPINE DRUG ENFORCEMENT AGENCY
applicability if the minor is charged for Section 5? Since
(PDEA)vs. RICHARD BRODETT AND JORGE JOSEPH.
the penalty for Section 5 is life imprisonment to death, we
This happened somewhere in Forbes Park in Manila. It is
will convert it to reclusion perpetua and that is the time
controversial because Brodett belonged to an influential
that we will apply the mitigating circumstances, like he is
family in Manila. This is what happened. During the buy-
entitled to privilege mitigating circumstance of minority.
bust operation, allegedly the accused used a Honda civic.
Now, another point, Section 20: During the time it was filed in court, he ordered the
mother to get the Honda civic. The court allowed the
release in favor of the mother. SC reprimanded the judge
Section 20. Confiscation and Forfeiture of the
Proceeds or Instruments of the Unlawful Act, who released it. Every buy-bust operation or every Section
Including the Properties or Proceeds Derived from 11 filed in court where it involves a motor vehicle that is
the Illegal Trafficking of Dangerous Drugs and/or used in the commission of the crime, never allow its
Precursors and Essential Chemicals. – Every penalty release. We will only release that when the prosecution
imposed for the unlawful importation, sale, trading, has rested its case or if it will not offer it as part of its
administration, dispensation, delivery, distribution, evidence. Ngano man?Mahadlok man ko ma-charge of
transportation or manufacture of any dangerous drug
gross ignorance of the law. After all, remember, the story
and/or controlled precursor and essential chemical, the
cultivation or culture of plants which are sources of of Section 20 that these are part or proceeds in the
dangerous drugs, and the possession of any equipment, commission of the crime. When you talk about
instrument, apparatus and other paraphernalia for confiscation, that (confiscation) is a penalty. If 20 meters
dangerous drugs including other laboratory equipment, away from the place of the commission of the crime,
shall carry with it the confiscation and forfeiture, in favor abusado na na. There is a counterpart of Section 20 in the
of the government, of all the proceeds and properties
RPC, I think Article 45. Article 45 talks about confiscation
derived from the unlawful act, including, but not limited to,
or forfeiture of proceeds, instruments and tools of the
money and other assets obtained thereby, and the
instruments or tools with which the particular unlawful act crime.
was committed, unless they are the property of a third
person not liable for the unlawful act, but those which are Let’s take the following cases:
not of lawful commerce shall be ordered destroyed without
delay pursuant to the provisions of Section 21 of this Act. 1) SOCIAL JUSTICE SOCIETY (SJS) vs.
DANGEROUS DRUGS BOARD and
After conviction in the Regional Trial Court in the PHILIPPINE DRUG ENFORCEMENT
appropriate criminal case filed, the Court shall immediately AGENCY (PDEA),
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2) ATTY. MANUEL J. LASERNA, JR., vs. in the workplace. Any officer or employee found positive
DANGEROUS DRUGS BOARD and for use of dangerous drugs shall be dealt with
PHILIPPINE DRUG ENFORCEMENT administratively which shall be a ground for suspension or
AGENCY, termination, subject to the provisions of Article 282 of the
3) AQUILINO Q. PIMENTEL, JR., vs. Labor Code and pertinent provisions of the Civil Service
Law;
COMMISSION ON
ELECTIONS, respondents.
(e) Officers and members of the military, police and other
law enforcement agencies. – Officers and members of the
This is consolidated with Laserna vs Dangerous
military, police and other law enforcement agencies shall
Drugs Board (G.R. No. 158633) and Pimentel vs
undergo an annual mandatory drug test;
COMELEC (G.R. No. 161658)
In 2002, Republic Act No. 9165 or (f) All persons charged before the prosecutor's office with
the Comprehensive Dangerous Drugs Act of 2002 was a criminal offense having an imposable penalty of
implemented. Section 36 thereof requires mandatory drug imprisonment of not less than six (6) years and one (1)
testing of candidates for public office, students of day shall have to undergo a mandatory drug test; and
secondary and tertiary schools, officers and employees of
public and private offices, and persons charged before the (g) All candidates for public office whether appointed or
prosecutor’s office with certain offenses. elected both in the national or local government shall
undergo a mandatory drug test.
Section 36. Authorized Drug Testing. – Authorized
drug testing shall be done by any government forensic In addition to the above stated penalties in this Section,
laboratories or by any of the drug testing laboratories those found to be positive for dangerous drugs use shall
accredited and monitored by the DOH to safeguard the be subject to the provisions of Section 15 of this Act.
quality of test results. The DOH shall take steps in setting
the price of the drug test with DOH accredited drug testing
In December 2003, COMELEC issued Resolution
centers to further reduce the cost of such drug test. The
No. 6486, prescribing the rules and regulations on the
drug testing shall employ, among others, two (2) testing
mandatory drug testing of candidates for public office in
methods, the screening test which will determine the
connection with the May 10, 2004 synchronized national
positive result as well as the type of the drug used and the
and local elections. Aquilino Pimentel, Jr., a senator and a
confirmatory test which will confirm a positive screening
candidate for re-election in the May elections, filed a
test. Drug test certificates issued by accredited drug
Petition for Certiorari and Prohibition under Rule 65. In it,
testing centers shall be valid for a one-year period from
he seeks (1) to nullify Sec. 36(g) of RA 9165 and
the date of issue which may be used for other purposes.
COMELEC Resolution No. 6486 dated December 23, 2003
The following shall be subjected to undergo drug testing:
for being unconstitutional in that they impose a
qualification for candidates for senators in addition to
(a) Applicants for driver's license. – No driver's license those already provided for in the 1987 Constitution; and
shall be issued or renewed to any person unless he/she (2) to enjoin the COMELEC from implementing Resolution
presents a certification that he/she has undergone a No. 6486.
mandatory drug test and indicating thereon that he/she is
free from the use of dangerous drugs; According to Pimentel, the Constitution only
prescribes a maximum of five (5) qualifications for one to
(b) Applicants for firearm's license and for permit to carry be a candidate for, elected to, and be a member of the
firearms outside of residence. – All applicants for firearm's Senate.
license and permit to carry firearms outside of residence SECTION 3. No person shall be a Senator unless he is a
shall undergo a mandatory drug test to ensure that they natural-born citizen of the Philippines, and, on the day of
are free from the use of dangerous drugs: Provided, That the election, is at least thirty-five years of age, able to
all persons who by the nature of their profession carry read and write, a registered voter, and a resident of the
firearms shall undergo drug testing; Philippines for not less than two years immediately
preceding the day of the election.
(c) Students of secondary and tertiary schools. – Students
of secondary and tertiary schools shall, pursuant to the He says that both the Congress and COMELEC, by
related rules and regulations as contained in the school's requiring, via RA 9165 and Resolution No. 6486, a
student handbook and with notice to the parents, undergo senatorial aspirant, among other candidates, to undergo a
a random drug testing: Provided, That all drug testing mandatory drug test, create an additional qualification that
expenses whether in public or private schools under this all candidates for senator must first be certified as drug
Section will be borne by the government; free. He adds that there is no provision in the Constitution
authorizing the Congress or COMELEC to expand the
(d) Officers and employees of public and private offices. – qualification requirements of candidates for senator.
Officers and employees of public and private offices,
SC said Pimentel’s contention is well taken.
whether domestic or overseas, shall be subjected to
undergo a random drug test as contained in the COMELEC cannot, in the guise of enforcing and
company's work rules and regulations, which shall be administering election laws or promulgating rules
borne by the employer, for purposes of reducing the risk and regulations to implement Sec. 36(g), validly
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impose qualifications on candidates for senator in We find the situation entirely different in the case of
addition to what the Constitution prescribes. If persons charged before the public prosecutor's office with
Congress cannot require a candidate for senator to criminal offenses punishable with six (6) years and one (1)
meet such additional qualification, the COMELEC, to day imprisonment. The operative concepts in the
mandatory drug testing are "randomness" and
be sure, is also without such power. The right of a
"suspicionless." In the case of persons charged with a
citizen in the democratic process of election should crime before the prosecutor's office, a mandatory drug
not be defeated by unwarranted impositions of testing can never be random or suspicionless. The ideas of
requirement not otherwise specified in the randomness and being suspicionless are antithetical to
Constitution. their being made defendants in a criminal complaint. They
are not randomly picked; neither are they beyond
Let’s take the case of SJS v DDB, under this case, suspicion. When persons suspected of committing a crime
students of secondary and tertiary schools pursuant to the are charged, they are singled out and are impleaded
rules and regulations in the student handbook and with against their will. The persons thus charged, by the bare
fact of being haled before the prosecutor's office and
notice to the parents shall undergo a mandatory drug
peaceably submitting themselves to drug testing, if that be
testing. the case, do not necessarily consent to the procedure, let
alone waive their right to privacy. 40 To impose mandatory
drug testing on the accused is a blatant attempt to
harness a medical test as a tool for criminal prosecution,
SJS Petition contrary to the stated objectives of RA 9165. Drug testing
(Constitutionality of Sec. 36[c], [d], [f], and [g] of in this case would violate a persons' right to privacy
RA 9165) guaranteed under Sec. 2, Art. III of the Constitution.
Worse still, the accused persons are veritably forced to
The drug test prescribed under Sec. 36(c), (d), and (f) of incriminate themselves.
RA 9165 for secondary and tertiary level students and
public and private employees, while mandatory, is a
random and suspicionless arrangement. The objective is to
stamp out illegal drug and safeguard in the process "the JAMES’ part
well being of [the] citizenry, particularly the youth, from (last part of Sept 11)
the harmful effects of dangerous drugs."
Let’s take the case of SJS vs Dangerous Drugs Board and
xxx
Laserna vs DDB. In this case, par. c of sec.36 of RA 9165
Guided by Vernonia and Board of Education, the Court is says:
of the view and so holds that the provisions of RA 9165
requiring mandatory, random, and suspicionless drug (c) Students of secondary and tertiary schools. – Students
testing of students are constitutional. Indeed, it is within of secondary and tertiary schools shall, pursuant to the
the prerogative of educational institutions to require, as a related rules and regulations as contained in the school's
condition for admission, compliance with reasonable
student handbook and with notice to the parents, undergo
school rules and regulations and policies. To be sure, the
right to enroll is not absolute; it is subject to fair, a random drug testing: Provided, That all drug testing
reasonable, and equitable requirements. expenses whether in public or private schools under this
Section will be borne by the government;

The drug test prescribed under Sec. 36(c), (d), and (f) of
RA 9165 for secondary and tertiary level students and
Laserna Petition public and private employees, while mandatory, is a
(Constitutionality of Sec. 36[c], [d],
random and suspicionless arrangement. The objective is to
[f], and [g] of RA 9165)
stamp out illegal drug and safeguard in the process "the
Unlike the situation covered by Sec. 36(c) and (d) of RA well being of [the] citizenry, particularly the youth, from
9165, the Court finds no valid justification for mandatory the harmful effects of dangerous drugs." This statutory
drug testing for persons accused of crimes. In the case of purpose, per the policy - declaration portion of the law,
students, the constitutional viability of the mandatory, can be achieved via the pursuit by the state of "an
random, and suspicionless drug testing for students intensive and unrelenting campaign against the trafficking
emanates primarily from the waiver by the students of and use of dangerous drugs x x x through an integrated
their right to privacy when they seek entry to the school,
system of planning, implementation and enforcement of
and from their voluntarily submitting their persons to the
parental authority of school authorities. In the case of anti - drug abuse policies, programs and projects."The
private and public employees, the constitutional soundness primary legislative intent is not criminal prosecution, as
of the mandatory, random, and suspicionless drug testing those found positive for illegal drug use as a result of this
proceeds from the reasonableness of the drug test policy random testing are not necessarily treated as criminals.
and requirement. They may even be exempt from criminal liability should
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the illegal drug user consent to undergo rehabilitation. nanakop mga adik?? YEEESSSSS!! For example ha, bato-
bato sa langit, ang tamaan wag magalit. During the raid,
SC even cited some decisions of the U.S. Supreme Court: the policeman was able to recover from then possession of
the accused, 10 sachets of shabu. Napulo na! pagreport
“School children, the US Supreme Court noted, are most ana, pagbuhat sa affidavit, lima ra na! Asa ang five?
vulnerable to the physical, psychological, and addictive SAVINGS! Naa’y isa, nag apply ug search warrant sa akua,
effects of drugs. Maturing nervous systems of the young “daghan judge! daghan kaayo ko nakit-an shabu!” “Asa
are more critically impaired by intoxicants and are more nimo nakit-an?” “didto maam! didto maam! isa ka jar!”
inclined to drug dependency. Their recovery is also at a “unya gi-unsa nimo pagkakita nga naa man kaha sa sulod
depressingly low rate.” sa jar?” “clear man maam ang jar!” Unya pag raid ba, usa
ra diay kabuok! “Ingon ka pag conduct nimog search and
The Court, in this case of SJS vs DDB, held that the surveillance nimo, pirting daghanag sulod sa jar, nganong
provisions of RA 9165 requiring mandatory, random, and usa ra man ni kabuok?!” hmmmmmm.. di na mutingog!
suspicionless drug testing of students are constitutional. Hay nako. See? The realities.
Indeed, it is within the prerogative of educational
institutions to require, as a condition for admission, Okay, now, in the Laserna petition, he questioned on the
compliance with reasonable school rules and regulations constitutionality of section 36 (f). what does paragraph f
and policies. To be sure, the right to enroll is not absolute; say?
it is subject to fair, reasonable, and equitable
requirements. That’s why sometimes, college universities “(f) All persons charged before the prosecutor's office with
conduct random drug testing. ang usually ana, private kay a criminal offense having an imposable penalty of
makaafford. Pero sa public, mahal man kaayo ng drug kit. imprisonment of not less than six (6) years and one (1)
day shall have to undergo a mandatory drug test;”
Now, in the case of Laserna, it involves those in the
government service, public employees and also private So for example, Ms. Bote was charged with the crime of
employees. Kung naa ka sa gobyerno, nagtrabaho ka sa homicide. What’s the penalty of homicide? Reclusion
civil service o naa ka sa hall of justice, PRC, unya adik diay Temporal, the range is 12 yrs and 1day to 20 yrs. Now,
ka. Daghan kaayog adik diha ba. Imagine ang nagatubang when i was a prosecutor before, every accused or
nimo nga sheriff, ang nagprocess sa imong dokumento, respondent brought to the prosecutor’s office for inquest
adik diay? Kuha ba ninyo ang idea? Ang sheriff sa akong proceeding, it’s a requirement, a mandatory requirement
korte, adik diay! Imagine that? Mao ng mahitabo. So, that Ms. Bote will urinate. For what purpose? To determine
employees in public and private offices are required under whether or not she is using shabu or marijuana. if she is
sec. 36 to undergo random drug testing. Is that found to be using any of those substances, ang mahitabo,
constitutional? The SC said: we will charge her for the crime of homicide and then the
result of her urine which turned out to be positive for
“Just as in the case of secondary and tertiary level shabu or MJ, we will allege that in the informetion because
students, the mandatory but random drug test prescribed that is a qualifying aggravating circumstance! That’s the
by Sec. 36 of RA 9165 for officers and employees of public practice before. So, homicide yan and if guilty sya. what
and private offices is justifiable, albeit not exactly for the will be the penalty for her? diba maximum period? RT max
same reason. The Court notes in this regard that petitioner because there is a qualified aggravating circumstance(?).
SJS, other than saying that "subjecting almost everybody So, that is the issue there in Laserna. Is it not violative of
to drug testing, without probable cause, is unreasonable, the right of the accused to be presumed innocent or
an unwarranted intrusion of the individual right to against self-incrimination? The SC said:
privacy,"23 has failed to show how the mandatory,
random, and suspicionless drug testing under Sec. 36(c) “Unlike the situation covered by Sec. 36(c) and (d) of RA
and (d) of RA 9165 violates the right to privacy and 9165, the Court finds no valid justification for mandatory
constitutes unlawful and/or unconsented search under Art. drug testing for persons accused of crimes. In the case of
III, Secs. 1 and 2 of the Constitution.” students, the constitutional viability of the mandatory,
random, and suspicionless drug testing for students
So, if you are in the public or private offices, you are an emanates primarily from the waiver by the students of
employee there, there can be a random, suspicionless their right to privacy when they seek entry to the school,
drug testing. Mao bitaw ng mga pulis or in the case of and from their voluntarily submitting their persons to the
BJMP, kay allegedly, naa daw mga jail guards nga mga parental authority of school authorities. In the case of
adik, mao tig supply sa mga detainees. So, niconduct ug private and public employees, the constitutional soundness
random drug testing. Imagine noh? Mga pulis, maoy of the mandatory, random, and suspicionless drug testing
manakop, posible ba gud nga kanang mga pulis nga proceeds from the reasonableness of the drug test policy
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and requirement. nabbed by the NBI because of extortion. Now, Jaime


We find the situation entirely different in the case of denied the charge. He testified that while eating at the
persons charged before the public prosecutor's office with said Jollibee branch, he was arrested allegedly for
criminal offenses punishable with six (6) years and one (1) extortion by NBI agents. When he was at the NBI Office,
day imprisonment. The operative concepts in the he was required to extract urine for drug examination, but
mandatory drug testing are "randomness" and he refused saying he wanted it to be done by the
"suspicionless." In the case of persons charged with a Philippine National Police (PNP) Crime Laboratory and not
crime before the prosecutor's office, a mandatory drug by the NBI. His request was, however, denied. He also
testing can never be random or suspicionless. The ideas of requested to be allowed to call his lawyer prior to the
randomness and being suspicionless are antithetical to taking of his urine sample, to no avail. Now, the issue here
their being made defendants in a criminal complaint. They is, is the drug testing conducted on petitioner Jaime dela
are not randomly picked; neither are they beyond Cruz valid? Remamber the ruling in Laserna vs DDB? It
suspicion. When persons suspected of committing a crime ceases to be suspicionless nor random. In Laserna, the SC
are charged, they are singled out and are impleaded held the test as not valid. In this case (dela Cruz vs
against their will. The persons thus charged, by the bare People), the SC said the same. The urine test which
fact of being haled before the prosecutor's office and yielded positive result cannot be used against petitioner
peaceably submitting themselves to drug testing, if that be dela Cruz. According to the SC, the drug test in Section 15
the case, do not necessarily consent to the procedure, let does not cover persons apprehended or arrested for any
alone waive their right to privacy. To impose mandatory unlawful act, but only for unlawful acts listed under Article
drug testing on the accused is a blatant attempt to II of R.A. 9165.
harness a medical test as a tool for criminal prosecution, That’s the basis now. Muingon ang mga pulis, “maam,
contrary to the stated objectives of RA 9165. Drug testing unsa man basis nimo maam?” Kana! Kanang ruling in
in this case would violate a persons' right to privacy Jaime dela Cruz vs People.
guaranteed under Sec. 2, Art. III of the Constitution.
Worse still, the accused persons are veritably forced to “First, "[a] person apprehended or arrested" cannot
incriminate themselves.” literally mean any person apprehended or arrested for any
crime.The phrase must be read in context and understood
That is the reason why we do not require anymore in consonance with R.A. 9165. Section 15 comprehends
persons who are charged for a crime with the penalty of persons arrested or apprehended for unlawful acts listed
more than 6 years to have a mandatory drug test in the under Article II of the law.
crime laboratory. So, if you committed a crime of
homicide, pure and simple, you will not be required Hence, a drug test can be made upon persons who are
anymore to undergo a mandatory drug test because of the apprehended or arrested for, among others, the
ruling in the Laserna vs DDB. "importation," "sale, trading, administration, dispensation,
delivery, distribution and transportation", "manufacture"
There is a recent ruling of the SC and the ponente was CJ and "possession" of dangerous drugs and/or controlled
Sereno. Gusto nako iemphasize that why is it that persons precursors and essential chemicals; possession thereof
charged with violation of RA 9165 are mandatorily brought "during parties, social gatherings or meetings" ; being
for drug testing. The case is Jaime Dela Cruz vs. People "employees and visitors of a den, dive or resort";
(G.R. No. 200748). In this case, PO2 Jaime dela Cruz "maintenance of a den, dive or resort"; "illegal chemical
picked up Ariel, the live-in partner of Corazon for allegedly diversion of controlled precursors and essential
selling drugs. He demanded from Corazon the amount of chemicals" ; "manufacture or delivery" or "possession" of
100,000 and the amount was later lowered to 40,000 for equipment, instrument, apparatus, and other
the release of Ariel. The live-in partner sought the paraphernalia for dangerous drugs and/or controlled
assistance of the NBI-CEVRO. A team was immediately precursors and essential chemicals; possession of
formed to implement an entrapment operation, which took dangerous drugs "during parties, social gatherings or
place inside a Jollibee branch. The officers were able to meetings" ; "unnecessary" or "unlawful" prescription
nab Jaime dela Cruz by using a pre-marked 500 bill dusted thereof; "cultivation or culture of plants classified as
with fluorescent powder, which was made part of the dangerous drugs or are sources thereof"; and
amount demanded by "James" and handed by Corazon. "maintenance and keeping of original records of
Petitioner Jaime was later brought to the forensic transactions on dangerous drugs and/or controlled
laboratory of the NBI-CEVRO where forensic examination precursors and essential chemicals."
was done by forensic chemist Rommel Paglinawan.
Petitioner was required to submit his urine for drug To make the provision applicable to all persons arrested or
testing. It later yielded a positive result for presence of apprehended for any crime not listed under Article II is
dangerous drugs. So, what crime did he commit? He was tantamount to unduly expanding its meaning. Note that
105
“When your resources are down to nothing, believe that God is up to something =)”
Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

accused appellant here was arrested in the alleged act of shabu.8 The marked money used in the buy-bust
extortion (and not for violation of RA 9165).” operation, although having evidentiary value, is not vital to
the prosecution of the case. It is merely corroborative in
That’s the reason why people charged for violation of RA nature. What is material to the prosecution of illegal sale
9165, after arrest, are immediately brought to the crime of dangerous drugs is the proof that the illegal sale
lab for drug testing and that is a valid act by the actually took place, coupled with the presentation in court
policemen. So, again, persons charged for violation of RA of the corpus delictias evidence.9 In the case at bar, the
9165 are mandatorily required to be examined of their prosecution duly established both.
urine and when they are found to be positive, it will be Relative to the required proof of anunbroken chain of
alleged as a qualifying aggravating circumstance. custody of the seized illegal shabuand shabuparaphernalia,
the parties agreed to stipulate on the relevant testimony
Now, para lang mo maganahan. I want you to read this of the witnesses, the requestfor laboratory examination,
case, a davao case. Para lang makahibalo mo nga naay machine copy blotter, inventory, photographs, and
kaso nga gikan davao nga niabot ug Supreme Court. This affidavits, all attesting to the fulfillment of the
happened in Juna Subdivision, Jogue’s Apartelle. This is requirement.10 Indeed, the defense never raised as
the case of People vs. Manuelita Ampatuan, et. al (July 30, defense any break in the chain of custody of the seized
2014). The people who conducted the buy-bust operation shabu and drug paraphernalia.”
are still alive. Nagatestify pa sa korte. The conviction here
of the seller was affirmed by the SC. I will never forget
this because the one who made turo naay kaso ron sa
akong korte nga pending. So, in other words, what
happened to him in the past did not make him a better
person. He still continued on his alleged business. You
read it. As I said, he has two cases pending in my court
for possession. I would not mention the name. I will let -end of 1st exam-
you discover for yourself who he is. The cases are being
handled by Atty. Villarente.

(Taken from the case) “The elements necessary for the


prosecution of the illegal sale of drugs are as follows: (1)
the identity of the buyer and the seller, the object and the
consideration; and (2) the delivery of the thing sold and
payment therefor. The prosecution, to prove guilt beyond
reasonable doubt, must present in evidence the corpus
delictiof the case. The corpus delictiis the seized illegal
drugs.

The duty of the prosecution is not merely to present in


evidence the seized illegal drugs. It is essential that the
illegal drugs seized from the suspect is the very same
substance offered in evidence in court as the identity of
the drug must be established with the same unwavering Take a look at what are included in the Crimes Against Public
Morals. Gambling. Importation, Sale, etc.Grave Scandal.
exactitude as that required to make a finding of guilt.
Vagrancy, there’s already an amendment in Article 202.

This Court is convinced that the prosecution has Chapter One


sufficiently discharged its burden to establish the elements
GAMBLING AND BETTING
in the illegal sale of shabu. The prosecution was able to
establish the (1) identity of accused-appellants as the
Art. 195. What acts are punishable in gambling. —
sellers, and the buyer, Dujon; and (2) the object of the
transaction, which is the jumbo sachet of shabu, weighing (a) The penalty of arresto mayor or a fine not exceeding
46.4490 grams; and the delivery of the sold illegal shabuto two hundred pesos, and, in case of recidivism, the
Dujon, the poseur-buyer. penalty of arresto mayor or a fine ranging from two
hundred or six thousand pesos, shall be imposed upon:
The absence of marked money does not run counter to
1. Any person other than those referred to in subsections
the presented proof of illegal sale of shabu.Lack of marked (b) and (c) who, in any manner shall directly, or
money is not an element to the crime of illegal sale of indirectly take part in any game of monte, jueteng or any
106
“When your resources are down to nothing, believe that God is up to something =)”
Criminal Law II TSN
Updated lectures of Judge Rowena Apao- Adlawan based on 2015 4th year review
Original TSN from 2012- 2013 Uno Manresa lectures

other form of lottery, policy, banking, or percentage softball, baseball; chess, boxing bouts, "jai-alai", "sipa",
game, dog races, or any other game of scheme the result "pelota" and all other sports contests, games or races; as
of which depends wholly or chiefly upon chance or well as betting therein except as may be authorized by
hazard; or wherein wagers consisting of money, articles law, is hereby declared unlawful.
of value or representative of value are made; or in the
exploitation or use of any other mechanical invention or
contrivance to determine by chance the loser or winner So generally if you are betting in a basketball game that is not
of money or any object or representative of value. allowed, that is a crime. But no one now would file a case.

2. Any person who shall knowingly permit any form of Art. 198. Illegal betting on horse race. Art. 199. Illegal
gambling referred to in the preceding subdivision to be
cockfighting. Remember these articles have been repealed or
carried on in any unhabited or uninhabited place of any
building, vessel or other means of transportation owned amended by PD 449. There is nothing more if that.
or controlled by him. If the place where gambling is
carried on has the reputation of a gambling place or that PD 1602 Simplifying And Providing Stiffer Penalties For Violation
prohibited gambling is frequently carried on therein, the Of The Philippine Gambling Law. But of course we have to
culprit shall be punished by the penalty provided for in remember that PD 1602 has been amended by RA 9287, the new
this article in its maximum period. law on gambling. That is the one that we used when one is
charged for betting in a “Last two”(?) not anymore PD 1602.
(b) The penalty of prision correccional in its maximum
degree shall be imposed upon the maintainer, conductor, Take a look at definition of Gambling. Gambling is a game or
or banker in a game of jueteng or any similar game.
device or method, the results of which depends wholly or
(c) The penalty of prision correccional in its medium chiefly upon chance or hazard. So if the game depends upon
degree shall be imposed upon any person who shall, skill or ability of the players, there can be no gambling. This
knowingly and without lawful purpose, have in his definition of gambling refers to games which have no
possession and lottery list, paper or other matter name or though it has a name, the same is not known to
containing letters, figures, signs or symbols which the authorities. The manner of determining whether the
pertain to or are in any manner used in the game of game played is prohibited or not is whether the result
jueteng or any similar game which has taken place or
shall depend wholly or chiefly upon chance or hazard.
about to take place.

Art. 196. Importation, sale and possession of lottery In my experience as a trial court judge, there is one kind of
tickets or advertisements. — The penalty of arresto gambling that is prevalent now. In other provinces, the fight of
mayor in its maximum period to prision correccional in its damang. They would bet a minimum P50,000. There was one
minimum period or a fine ranging from 200 to 2,000 raid, and all of them present, including the one who protected(?)
pesos, or both, in the discretion of the court, shall be it is also included. And they asked, “wala man ni sa balaod
imposed upon any person who shall import into the ma’am.” Gambling pa rin. Magpa away ug damang.
Philippine Islands from any foreign place or port any
lottery ticket or advertisement or, in connivance with the Let’s proceed with Crimes Against Decency and Good Customs.
importer, shall sell or distribute the same.
What are the offenses against decency and good customs? We
Any person who shall knowingly and with intent to use have three:
them, have in his possession lottery tickets or
advertisements, or shall sell or distribute the same 1. Grave Scandal (Art 200)
without connivance with the importer of the same, shall 2. Immoral doctrines, obscene publications and
be punished by arresto menor, or a fine not exceeding exhibitions and indecent shows. (Art 201)
200 pesos, or both, in the discretion of the court. 3. And that which is provided in Art 202, Prostitution.
The possession of any lottery ticket or advertisement 4.
shall