Criminal Law

Updated 17th April 2025

Revised Penal Code Book 2

Crimes and Penalties including Elements (Articles 114-367)

Title One - Crimes Against National Security and Law of Nations

Chapter One — Crimes Against National Security

Section One — Treason and Espionage

A114 - Treason

Any Filipino citizen who levies war against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines or elsewhere, shall be punished by reclusion perpetua to death and shall pay a fine not to exceed Four million pesos (P4,000,000).

No person shall be convicted of treason unless on the testimony of two (2) witnesses at least to the same over act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippines, who commits acts of treason as defined in paragraph 1 of this article shall be punished byreclusion temporal to death and shall pay a fine not to exceed Four million pesos (P4,000,000).

Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000) or both is provided. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender owes allegiance to the government of the Philippines.
There is a war in which the Philippines is involved.
The offender either:
1. Levies war against the government or
2. Adheres to the enemies, giving them aid or comfort

A115 - Conspiracy and proposal to commit treason; Penalty

The conspiracy or proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding Two million pesos (P2,000,000), and prision correccional and a fine not exceeding One million pesos (P1,000,000) (As amended by R.A. No. 10951, August 29, 2017)

A116 - Misprision of treason

Every person owing allegiance to (the United States) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason.

Elements

That the offender must be owing alleagiance to the Government and not a foreigner.
That he has knowledge of any conspiracy to commit treason against the government.
That he conceals or does not disclose and make known the same as soon as possible to the proper authority.

A117 - Espionage

The penalty of prision correccional shall be inflicted upon any person who:

Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or
Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.

Elements of the first act

The offender enters any of the places mentioned therein;
He has no authority therefor; and
His purpose is to obtain information, plans, photographs or other data of confidential nature relative to the defense of the Philippines.

Elements of the second act

The offender is a public officer; and
He has in his possession the articles, data or information referred to in Par. 1 by reason of the public office he holds.

The penalty next higher in degree shall be imposed if the offender be a public officer or employee.

(see Commonwealth Act No. 616, June 04, 1941)

Section Two — Provoking war and disloyalty in case of war

A118 - Inciting to war or giving motives for reprisals

Inciting to war or giving motives for reprisals. — The penalty ofreclusion temporal shall be imposed upon any public officer or employee, and that of prision mayor upon any private individual, who, by unlawful or unauthorized acts provokes or gives occasion for a war involving or liable to involve the Philippine Islands or exposes Filipino citizens to reprisals on their persons or property.

Elements

That the offender performs unlawful or unauthorized acts; and
That such acts provoke or give occasion for: a war involving or liable to involve the Philippines. or expose Filipino citizens to reprisals on their persons and property.

A119 - Violation of neutrality

The penalty of prision correccional shall be inflicted upon anyone who, on the occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality.

Elements

That there is a war in which the Philippines is not involved.
A regulation issued by a competent authority for the purpose of enforcing neutrality
That the offender violates such regulation.

A120 - Correspondence with hostile country

Any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished:

By prision correccional, if the correspondence has been prohibited by the Government;
By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and
By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion temporal to death.

Elements

That it is made in time of war in which the Philippines is involved;
That the offender shall have correspondence with an enemy country or territory occupied by the enemy troops; and
That the correspondence is either:
1. Prohibited by the government; or
2. Carried on in ciphers or conventional signs; and
3. Notice of information be given thereby which might be useful to the enemy or intended by the offender to aid the enemy.

A121 - Flight to enemy country

The penalty of arresto mayor shall be inflicted upon any person who, owing allegiance to the Government, attempts to flee or go to an enemy country when prohibited by competent authority.

Elements

That there is a war in which the Philippines is involved;
Offender owes allegiance to the Philippines;
Offender attempts to flee or go to the enemy country; and
That going to the enemy country is prohibited by the competent authority.

Section Three — Piracy and mutiny on the high seas or in the Philippine waters

A122 - Piracy in general and mutiny on the high seas or in Philippine waters

Piracy in general and mutiny on the high seas or in Philippine waters. - The penalty of reclusion perpetua shall be inflicted upon any person who, on the high seas, or in Philippine waters, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters. (As amended by R.A. No. 7659, December 13, 1993)

(see P.D. 532, August 8, 1974)

A123 - Qualified piracy

The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances:

Whenever they have seized a vessel by boarding or firing upon the same;
Whenever the pirates have abandoned their victims without means of saving themselves or;
Whenever the crime is accompanied by murder, homicide, physical injuries or rape.

(As amended by R.A. No. 7659, December 13, 1993)

Elements

Whenever the offenders have seized the vessel by boarding or firing upon the same;
Whenever the pirates have abandoned their victims without means of saving themselves; or
Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

(see P.D. 532, August 8, 1974)

Title Two - Crimes Against Fundamental Laws of the State

Chapter One — Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibiton, Interruption, and Dissolution of Peaceful Meetings and Crimes Against Religious Worship

Section One — Arbitrary Detention and Expulsion

A124 - Arbitrary detention

Any public officer or employee who, without legal grounds, detains a person, shall suffer;

The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the detention has not exceeded three days;
The penalty of prision correccional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;
The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and
TThat of reclusion temporal, if the detention shall have exceeded six months.

The commission of a crime, or violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital, shall be considered legal grounds for the detention of any person.

Elements

That the offender is a public officer or employee;
That he detains a person; and
That the detention is without legal grounds.

A125 - Delay in the delivery of detained persons to the proper judicial authorities

The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.

In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).

Elements

That the offender is a public officer or employee;
That he has detained a person for some legal ground; and
That he fails to deliver such person to the proper judicial authorities within:
1. 12 hours for light penalties or their equivalent;
2. 18 hours for correctional penalties or their equivalent; and
3. 36 hours. For afflictive penalties or their equivalent.

A126 - Delaying release

The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person.

Elements

That the offender is a public officer or employee;
That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person; and
That the offender without good reason delays either:
1. The service of the notice of such order to the prisoner;
2. The performance of such judicial or executive order for the release of the prisoner; or
3. The proceedings upon a petition for the release of such person.

A127 - Expulsion

The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence.

Elements

That the offender is a public officer or employee;
That he expels any person from the Philippines, or compels a person to change his residence; and
That the offender is not authorized to do so by law.

Section Two - Violation of Domicile

A128 - 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 by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so.

If the offense be committed in the night-time, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and maximum periods

Elements

By entering any dwelling against the will of the owner thereof;
By searching papers or other effects found therein without the previous consent of such owner;
By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same.

A129 - Search warrants maliciously obtained and abuse in the service of those legally obtained

In addition to the liability attaching to the offender for the commission of any offense, the penalty of arresto mayor in its maximum period to prisión correccional in its minimum period and a fine not exceeding (₱200,000) shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same.

Elements of procuring a search warrant without just case

That the offender is a public officer or employee;
That he procures a search warrant; and
That there is no just case.

Elements of exceeding authority or using unnecessary severity in executing a search warrant legally procured

That the offender is a public officer or employee;
That he has leggally procured a search warrant; and
That he exceeds his authority or uses unnecessary severity in executing the same.

A130 - Searching domicile without witnesses

The penalty of arresto mayor in its medium and maximum periods shall be imposed upon a public officer or employee who, in cases where a search is proper, shall search the domicile, papers or other belongings of any person, in the absence of the latter, any member of his family, or in their default, without the presence of two witnesses residing in the same locality.

Elements

That the offender is a public officer or employee;
That he is armed with a warrant.
That he searches the domicile, papers or other belongings of any person;
That the owner or any member of his family or two witnesses residing in the same locality are not present.;

Section Three — Prohibition, interruption, and dissolution of peaceful meetings

A131 - Prohibition, interruption and dissolution of peaceful meetings

The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall dissolve the same.

The same penalty shall be imposed upon a public officer or employee who shall hinder any person from joining any lawful association or from attending any of its meetings.

The same penalty shall be imposed upon any public 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 correction of abuses or redress of grievances.

Acts Punished

Prohibiting, interrupting or dissolving without legal ground the holding of a peaceful meeting;
Hindering any person from joining any lawful association or from attending any of its meetings;
Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances.

A132 - Interruption of religious worship

The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who shall prevent or disturb the ceremonies or manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prision correccional in its medium and maximum periods.

Elements

That the offender is a public officer or employee;
That religious ceremonies or manifestations of any religion are about to take place or are going on; and
That the offender prevents or disturbs the same.

A133 - Offending the religious feelings

The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon 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 faithful.

Elements

That the acts complained of were performed:
1. In a place devoted to religious worship; or
2. During the celebration of any religious ceremony; and
That the acts must be notoriously offensive to the feelings of the faithful.

Title Three - Crimes Against Public Order

Chapter One — Rebellion, Sedition, and Disloyalty

A134 - Rebellion or insurrection; How committed

The crime of rebellion or insurrection is committed by rising publicly and taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives. (As amended by R.A. 6968. October 24, 1990).

Elements

That there be:
1. public uprising; and
2. taking up of arms against the government;
For the purpose of:

Removing from the allegiance to said government or its laws:
1. the terriroty of the Philippines or any part thereof;
2. any body of land, naval, or other armed forces;
To deprive the Chief Executive or Congress, wholly or partially, of their powers or prerogatives.

A134-A - Coup d'etat; How committed

The crime of coup d'etat is a swift attack accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communications network, public utilities or other facilities needed for the exercise and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the military or police or holding any public office of employment with or without civilian support or participation for the purpose of seizing or diminishing state power. (As amended by R.A. 6968. October 24, 1990).

Elements

That the offender is a person or persons belonging to military or police or holding any public office or employment;
That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth;
That the attack is directed against duly constituted authorities of the republic of the Philippines or any military camp, or installation, or communication networks, public utilities or other facilities needed for the exercise and continued possession of power; and
That the purpose of the attack is to seize or diminish state power.;

A135 - Penalty for rebellion, insurrection or coup d'etat

Any person who promotes, maintains, or heads rebellion or insurrection shall suffer the penalty of reclusion perpetua.

Any person merely participating or executing the commands of others in a rebellion shall suffer the penalty of reclusion temporal.

Any person who leads or in any manner directs or commands others to undertake a coup d'etat shall suffer the penalty of reclusion perpetua.

Any person in the government service who participates, or executes directions or commands of others in undertaking a coup d'etat shall suffer the penalty of prision mayor in its maximum period.

Any person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d'etat shall suffer the penalty of reclusion temporal in its maximum period.

When the rebellion, insurrection, or coup d'etat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or coup d'etat. (As amended by R.A. 6968. October 24, 1990).

A136 - Conspiracy and proposal to commit coup d'etat, rebellion or insurrection

The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in minimum period and a fine which shall not exceed eight thousand pesos (P8,000.00).

The conspiracy and proposal to commit rebellion or insurrection shall be punished respectively, by prision correccional in its maximum period and a fine which shall not exceed five thousand pesos (P5,000.00) and by prision correccional in its medium period and a fine not exceeding two thousand pesos (P2,000.00). (As amended by R.A. 6968, October 24, 1990).

A137 - Disloyalty of public officers or employees

The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them. (Reinstated by E.O. No. 187)

A138 - Inciting a rebellion or insurrection

The penalty of prision mayor in its minimum period shall be imposed upon any person who, without taking arms or being in open hostility against the Government, shall incite others to the execution of any of the acts specified in Article 134 of this Code, by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end. (Reinstated by E.O. No. 187)

Elements

That the offender does not take up arms or is not in open hostility against the government;
That he incites others to the execution of any of the acts of rebellion;
That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.

A139 - Sedition; How committed

The crime of sedition is committed by persons who rise publicly and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods, any of the following objects:

To prevent the promulgation or execution of any law or the holding of any popular election;
To prevent the National Government, or any provincial or municipal government or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order;
To inflict any act of hate or revenge upon the person or property of any public officer or employee;
o commit, for any political or social end, any act of hate or revenge against private persons or any social class; and
TTo despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its property or any part thereof.

A140 - Penalty for sedition

The leader of sedition shall suffer the penalty of prisión mayor in its minimum period and fine not exceeding Two million pesos (₱2,000,000)

Other persons participating therein shall suffer the penalty of prisión correccional in its maximum period and a fine not exceeding One million pesos (₱1,000,000). (As amended by R.A. No. 10951, August 29, 2017)

A141 - Conspiracy to commit sedition

Persons conspiring to commit the crime of sedition shall be punished by prisión correccional in its medium period and a fine not exceeding Four hundred thousand pesos (₱400,000). (As amended by R.A. No. 10951, August 29, 2017)

A142 - Inciting to sedition

The penally of prisión correccional in its maximum period and a fine not exceeding Four hundred thousand pesos (₱400,000) shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes or which suggest or incite rebellious 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 Government, or who shall knowingly conceal such evil practices. (As amended by R.A. No. 10951, August 29, 2017)

Chapter Two — Crimes Against Popular Representation

Section One - Crimes Against Legislative Bodies and Similar Bodies

A143 - Acts tending to prevent the meeting of Congress and similar bodies

The penalty of prisión correccional or a fine ranging from Forty thousand pesos (₱40,000) to Four hundred thousand pesos (₱400,000), or both, shall be imposed upon any person who, by force or fraud, prevents the meeting of Congress or of any of its committees or subcommittees, Constitutional Commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board. (As amended by R.A. No. 10951, August 29, 2017)

A144 - Disturbance of proceedings

The penalty of arresto mayor or a fine from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000) shall be imposed upon any person who disturbs the meetings of Congress or of any of its committees or subcommittees. Constitutional Commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board, or in the presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the respect due it. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That there be a meeting of the National Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board;
That the offender does any of the following acts:
1. He disturbs any of such meetings; or
2. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it.

Section Two - Violation of Parliamentary Immunity

A145 - Violation of Parliamentary Immunity

The penalty of prision mayor shall be imposed upon any person who shall use force, intimidation, threats, or fraud to prevent any member of either House of the Legislature from attending the meetings 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 shall, while the Legislature is in session, knowingly arrest or search any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor. (As amended by R.A. No. 10951, August 29, 2017)

Acts Punished

Using force, intimidation, threats, or fraud to prevent any member from:
1. Attending the meetings of Congress or any of its committees or subcommittees, commissions or constitutional committees or divisions thereof, or
2. Expressing his opinions, or
3. Casting his vote
Arresting or searching any member while Congress is in session, except in cases where such member has committed a crime punishable under the code by a penalty higher than prision mayor.

Chapter Three - Illegal Assemblies

A146 - Illegal Assemblies

The penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed upon the organizers or 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 incited to the commission of the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.

If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting within the meaning of the preceding paragraph.

As used in this article, the word "meeting" shall be understood to include a gathering or group whether in a fixed place or moving. (Reinstated by E.O. No. 187).

Concepts

Forms of illegal assemblies:
1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under this Code.
2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority.
Persons liable:
1. Organizers or leaders of such meetings shall be punished by prision correccional in its maximum period to prision mayor in its medium period.
2. Persons merely present at such meetings shall suffer the penalty of arresto mayor unless they are armed, in which case the penalty shall be prision correccional.

A147 - Illegal Associations

The penalty of prision correccional in its minimum and medium periods and a fine not exceeding Two hundred thousand pesos (₱200,000) shall be imposed upon the founders, directors, and presidents of associations totally or partially organized for the purpose of committing any of the crimes punishable under this Code or for some purpose contrary to public morals. Mere members of said associations shall suffer the penalty of arresto mayor. (Reinstated by E.O. No. 187).

Concepts

Prohibited associations: association totally or partially organized for:
1. The purpose of committing any of the crimes punishable under the code, or
2. Some purpose contrary to public morals.
Persons liable:
1. The founders, directors, and presidents of such associations shall be punished by prision correccional in its minimum and medium periods and a fine not exceeding ₱200,000.
2. Mere members of said associations shall suffer the penalty of arresto mayor.

Chapter Four - Assault Upon, and Resistance and Disobedience to, Persons in Authority and their Agents

A148 - Direct Assaults

Any person who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition, or shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance, shall suffer the penalty of prision correccional in its medium and maximum periods and a fine not exceeding Two hundred thousand pesos (₱200,000), when the assault is committed with a weapon or when the offender is a public officer or employee, or when the offender lays hands upon a person in authority. If none of these circumstances be present, the penalty of prision correccional in its minimum period and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed. (As amended by R.A. No. 10951, August 29, 2017)

Concepts

Two ways to commit:
1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of sedition & rebellion.
2. Without public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any person in authority or an agent of a person in authority, while engaged in the performance of official duties, or on the occasion of such performance.
Qualifying circumstances (when the assault is committed):
1. With a weapon
2. When the offender is a public officer or employee
3. When the offender lays hands upon a person in authority

A149 - Indirect Assaults

The penalty of prision correccional in its minimum and medium periods and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon any person who shall make use of force or intimidation upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined in the next preceding article. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That a person in authority or an agent of a person in authority is the victim of any of the forms of direct assault defined in Article 148.
That a person comes to the aid of the agent of a person in authority.
That the offender makes use of force or intimidation upon such person coming to the aid of the agent of a person in authority.

A150 - Disobedience to Summons Issued by the National Assembly, its Committees or Subcommittees, by the Constitutional Commissions, its Committees, Subcommittees or Divisions

The penalty of arresto mayor or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both such fine and imprisonment, shall be imposed upon any person who, having been duly summoned to attend as a witness before Congress, its special or standing committees and subcommittees, the Constitutional Commissions and its committees, subcommittees, or divisions, or before any commission or committee chairman or member authorized to summon witnesses, refuses, without legal excuse to obey such summons, or being present before any such legislative or constitutional body or official, refuses to be sworn or placed under affirmation or to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. The same penalty shall be imposed upon any person who shall induce disobedience to summons or refusal to be sworn by any such body or official. (As amended by R.A. No. 10951, August 29, 2017)

Acts Punished

Refusing, without legal excuse, to obey summons of Congress, or any commission or committee chairman or member authorized to summon witnesses.
Refusing to be sworn or placed under affirmation while before such legislative or constitutional body or official.
Refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions.
Restraining another from attending as a witness in such legislative or constitutional body.
Inducing disobedience to summons or refusal to be sworn by any such body or official.

A151 - Resistance and Disobedience to a Person in Authority or the Agents of Such Person

The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, the penalty of arresto menor or a fine ranging from Two thousand pesos (₱2,000) to Twenty thousand pesos (₱20,000) shall be imposed upon the offender. (As amended by R.A. No. 10951, August 29, 2017)

Elements

Elements of resistance & serious disobedience:
1. That a person in authority or agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender.
2. That the offender resists or seriously disobeys such person in authority or his agent.
3. That the act of the offender is not included in the provisions of Articles 148 to 150.
Elements of simple disobedience:
1. That an agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender.
2. That the offender disobeys such agent of a person in authority.
3. That such disobedience is not of a serious nature.

A152 - Persons in Authority and Agents of Persons in 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, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.

A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.

In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority. (As amended by PD No. 299, Sept. 22, 1973, and Batas Pambansa Blg. 873, June 12, 1985).

Concepts

Public officer: Any person who takes part in the performance of public functions in the government.
Person in authority:
1. Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission.
2. A barrio captain and a barangay chairman.
3. Teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance (limited to Articles 148 and 151).
Agent of a person in authority:
1. Any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property.
2. Any person who comes to the aid of persons in authority.

Chapter Five — Public Disorders

A153 - Tumults and Other Disturbance of Public Order; Tumultuous Disturbance or Interruption Liable to Cause Disturbance

The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding Two hundred thousand pesos (₱200,000) shall be imposed upon any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not included in the provisions of Articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three persons who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display placards or emblems which provoke a disturbance of the public order.

The penalty of arresto mayor and a fine not exceeding Forty thousand pesos (₱40,000) shall be imposed upon these persons who in violation of the provisions contained in the last clause of Article 85, shall bury with pomp the body of a person who has been legally executed. (As amended by R.A. No. 10951, August 29, 2017)

Concepts

Acts punished:
1. Causing any serious disturbance in a public place, office or establishment.
2. Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings, if the act is not included in Articles 130 to 132.
3. Making an outcry tending to incite rebellion or sedition in any meeting, association or public place.
4. Displaying placards or emblems which provoke a disturbance of public order in such place.
5. Burying with pomp the body of a person who has been legally executed.
Qualifying circumstance:
1. When the disturbance or interruption is of a tumultuous character (caused by more than three persons who are armed or provided with means of violence).

A154 - Unlawful Use of Means of Publication and Unlawful Utterances

The penalty of arresto mayor and a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000) shall be imposed upon:

Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State;
Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law;
Any person who shall maliciously publish or cause to be published any official resolution or document without proper authority, or before they have been published officially; or
Any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are classified as anonymous. (As amended by R.A. No. 10951, August 29, 2017)

A155 - Alarms and Scandals

The penalty of arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) shall be imposed upon:

Any person who within any town or public place, shall discharge any rocket, firecracker, or other explosives calculated to cause alarm or danger;
Any person who shall instigate or take an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;
Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or
Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public places, provided that the circumstances of the case shall not make the provisions of Article 153 applicable. (As amended by R.A. No. 10951 and R.A. No. 11926, July 30, 2022)

A156 - Delivery of Prisoners from Jail

The penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon any person who shall remove from any jail or penal establishment any person confined therein or shall help the escape of such person, by means of violence, intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards by surprise, the same penalties shall be imposed in their minimum periods.

Elements

That there is a person confined in a jail or penal establishment.
That the offender removes such person, or helps the escape of such person.
That the removal or escape of the prisoner is accomplished by:
1. Violence
2. Intimidation
3. Bribery
4. Other means
5. Outside said establishments by taking the guards by surprise

Chapter Six — Evasion of Service of Sentence

A157 - Evasion of Service of Sentence

The penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period.

Elements

That the offender is a convict by final judgment.
That he is serving his sentence, which consists in deprivation of liberty.
That he evades the service of his sentence by escaping during the term of his sentence.

Qualifying Circumstances

By unlawful entry
By breaking doors, windows, gates, walls, roofs, or floors
By using picklocks, false keys, deceit, violence or intimidation
Through connivance with other convicts or employees of the penal institution

A158 - Evasion of service of sentence on the occasion of disorders, conflagrations, earthquakes, or other calamities

A convict who shall evade the service of his sentence by leaving the penal institution where he shall be confined, on the occasion of disorder resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not participated, shall suffer an increase of one-fifth of the time still remaining to be served under his original sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

Elements

That the offender is a convict by final judgment, and is confined in a penal institution;
That there is disorder, resulting from:
1. Conflagration,
2. Earthquake,
3. Explosion,
4. Similar catastrophe, or
5. Mutiny in which he has not participated;
That the offender leaves the penal institution where he is confined, on the occasion of such disorder or during the mutiny;
That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

A159 - Other cases of evasion of service of sentence

The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence.

Elements

That the offender was a convict;
That he was granted a conditional pardon by the Chief Executive;
That he violated any of the conditions of such pardon.

Chapter Seven - Commision of Another Crime During Service of Penalty Imposed for Another Previous Offense

A160 - Commission of another crime during service of penalty imposed for another previous offense

Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency.

Elements

That the offender was already convicted by final judgment;
That he committed a new felony before beginning to serve such sentence or while serving the same.

Title Four - Crimes Against Public Interests

Chapter One - Forgeries

Section One - Forging the Seal of the Government of the Philippine Islands, the Signature or Stamp of the Chief Executive

A161 - Counterfeiting the Great Seal of the Government, Forging the Signature or Stamp of the Chief Executive

The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the Government of the Philippine Islands, or the signature or stamp of the Chief Executive.

Acts Punished

Forging the Great Seal of the Government of the Philippines;
Forging the signature of the President (formerly "Chief Executive");
Forging the stamp of the President (formerly "Chief Executive").

A162 - Using Forged Signature or Counterfeit Seal or Stamp

The penalty of prision mayor shall be imposed upon any person who shall knowingly make use of the counterfeit seal or forged signature or stamp mentioned in the preceding article.

Elements

That the seal of the Government was counterfeited, or the signature or stamp of the Chief Executive was forged by another person;
That the offender knew of the counterfeiting or forgery;
That he used the counterfeit seal or forged signature or stamp.

Section Two - Counterfeiting Coins

A163 - Making and Importing and Uttering False Coins

Making and importing and uttering false coins - Any person who make, imports, or utters false coins, in connivance with counterfeiters, or importers, shall suffer:

Prisión correccional in its minimum and medium periods and a fine not to exceed Four hundred thousand pesos (₱400,000), if the counterfeited coins be any of the coinage of the Philippines.
Prisión correccional in its minimum period and a fine not to exceed Two hundred thousand pesos (₱200,000), if the counterfeited coin be currency of a foreign country. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That there be false or counterfeited coins;
That the offender either made, imported or uttered such coins;
That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers.

A164 - Mutilation of Coins; Importation and Utterance of Mutilated Coins

The penalty of prision correccional in its minimum period and a fine not to exceed Four hundred thousand pesos (₱400,000) shall be imposed upon any person who shall mutilate coins of the legal currency of the Philippines or import or utter mutilated current coins, or in connivance with mutilators or importers. (As amended by R.A. No. 10951, August 29, 2017)

A165 - Selling of False or Mutilated Coin, Without Connivance

The person who knowingly, although without the connivance mentioned in the preceding articles, shall possess false or mutilated coin with intent to utter the same, or shall actually utter such coin, shall suffer a penalty lower by one degree than that prescribed in said articles.

Section Three - Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities

A166 - Forging Treasury or Bank Notes on Other Documents Payable to Bearer; Importing, and Uttering Such False or Forged Notes and Documents

The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes, shall be punished as follows:

By reclusion temporal in its minimum period and a fine not to exceed Two million pesos (₱2,000,000), if the document which has been falsified, counterfeited, or altered is an obligation or security of the Philippines.

The words 'obligation or security of the Philippines' shall mean all bonds, certificates of indebtedness, national bank notes, coupons, Philippine notes, treasury notes, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the Philippines, and other representatives of value, of whatever denomination, which have been or may be issued under any act of Congress.
By prisión mayor in its maximum period and a fine not to exceed One million pesos (₱1,000,000), if the falsified or altered document is a circulating note issued by any banking association duly authorized by law to issue the same.
By arresto mayor in its medium period and a fine not to exceed One million pesos (₱1,000,000), if the falsified or counterfeited document was issued by a foreign government.
By prisión mayor in its minimum period and a fine not to exceed Four hundred thousand pesos (₱400,000), when the forged or altered document is a circulating note or bill issued by a foreign bank duly authorized therefor. (As amended by R.A. No. 10951, August 29, 2017)

Acts Punished

Forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer;
Importation of the same;
Uttering the same in connivance with forgers or importers.

A167 - Counterfeiting, Importing and Uttering Instruments Not Payable to Bearer

Any person who shall forge, import or utter, in connivance with the forgers or importers, any instrument payable to order or other document of credit not payable to bearer, shall suffer the penalties of prisión correccional in its medium and maximum periods and a fine not exceeding One million two hundred thousand pesos (₱1,200,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That there be an instrument payable to order or other document of credit not payable to bearer;
That the offender either forged, imported or uttered such instrument;
That in case of uttering he connived with the importer or forger.

A168 - Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments of Credit

Unless the act be one of those coming under the provisions of any of the preceding articles, any person who shall knowingly use or have in his possession, with intent to use any of the false or falsified instruments referred to in this section, shall suffer the penalty next lower in degree than that prescribed in said articles.

Elements

That the treasury or bank note or certificate or other obligation and securities payable to bearer or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another;
The offender knows that any of these instruments is forged or falsified;
That he performs any of these acts:
1. Using any of such forged or falsified instruments; or
2. Possession with intent to use, any of the forged or falsified documents.

A169 - How Forgery is Committed

The forgery referred to in this section may be committed by any of the following means:

By giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document.
By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words or signs contained therein.

Section Four - Falsification of legislative, public, commercial, and privatedocuments, and wireless, telegraph, and telephone message

A170 - Falsification of legislative documents

The penalty of prisión correccional in its maximum two hundred thousand pesos (₱1,200,000) shall be imposed upon any person who, without proper authority therefor alters any bill, resolution, or ordinance enacted or approved or pending approval by either House of Congress or any provincial board or municipal council.

That there be a bill, resolution or ordinance enacted by or approved or pending approval by either house of the legislative or any provincial board or municipal council;
The offender alters the same;
That he has no proper authority therefor;
That alteration changed the meaning of the document. (As amended by R.A. No. 10951, August 29, 2017)

A171 - Falsification by Public Officer, Employee or Notary or Ecclesiastic Minister

The penalty of prisión mayor and a fine not to exceed One million pesos (₱1,000,000) shall be imposed upon any public officer, employee, or notary who, taking advantage of his official position, shall falsify a document by committing any of the following acts:

Counterfeiting or imitating any handwriting, signature or rubric;
Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate;
Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them;
Making untruthful statements in a narration of facts;
Altering true dates;
Making any alteration or intercalation in a genuine document which changes its meaning;
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 contrary to, or different from, that of the genuine original;
Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book.

The same penalty shall be imposed upon any ecclesiastical minister who shall commit any of the offenses enumerated 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. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is a public officer, employee, or notary public;
That he takes advantage of his official position;
That he falsifies a document by committing any of the acts enumerated above.

A172 - Falsification by private individual and use of falsified documents

The penalty of prisión correccional in its medium and maximum periods and a fine of not more than One million pesos (₱1,000,000) shall be imposed upon:

Any private individual who shall commit any of the falsifications enumerated in the next preceding article in any public or official document or letter of exchange or any other kind of commercial document;
Any person who, to the damage of a third party, or with the intent to cause such damage, shall in any private document commit any of the acts of falsification enumerated in the next preceding article; and
Any person who shall knowingly introduce in evidence in any judicial proceeding or to the damage of another or who, with the intent to cause such damage, shall use any of the false documents embraced in the next preceding article, or in any of the foregoing subdivisions of this article, shall be punished by the penalty next lower in degree. (As amended by R.A. No. 10951, August 29, 2017)

Elements

Falsification of Public, Official or Commercial Document by a Private Individual

The offender is a private individual or a public officer not using their official position
The offender commits any falsification acts enumerated in Article 171 (paragraphs 1-6)
The falsification occurs in a public, official, or commercial document

Falsification of Private Document by Any Person

The offender commits any falsification act from Article 171 (except paragraph 7)
The falsification is done in a private document
The falsification either caused actual damage to a third party or was committed with intent to cause such damage

Use of Falsified Documents

The offender knows the document was falsified by another person
The document falls under those described in Article 171 or Article 172 (subdivisions 1 or 2)
The offender either: (a) Introduces the document as evidence in judicial proceedings, or (b) Uses the document causing damage or intending to cause damage to another

A173 - Falsification of wireless, cable, telegraph and telephone messages, and use of said falsified messages

The penalty of prision correccional in its medium and maximum periods shall be imposed upon officer or employee of the Government or of any private corporation or concern engaged in the service of sending or receiving wireless, cable or telephone message who utters a fictitious wireless, telegraph or telephone message of any system or falsifies the same.

Any person who shall use such falsified dispatch to the prejudice of a third party or with the intent of cause such prejudice, shall suffer the penalty next lower in degree.

Elements

Falsification of Messages

The offender is:
- An officer or employee of the Government, or
- An officer or employee of a private corporation or concern engaged in wireless, cable, or telephone service
The offender either:
- Utters a fictitious wireless, telegraph, or telephone message, or
- Falsifies a genuine message

Using Falsified Messages

The offender knew that the wireless, cable, telegraph or telephone message was falsified
The offender uses such falsified message
The use results in prejudice to a third party or was intended to cause such prejudice

Section Five - Falsification of medical certificates, certificates of merit or services and the like

A174 - False medical certificates, false certificates of merit or service, etc.

The penalties of arresto mayor in its maximum period to prisión correccional in its minimum period and a fine not to exceed Two hundred thousand pesos (₱200,000) shall be imposed upon:

Any physician or surgeon who, in connection with the practice of his profession, shall issue a false certificate; and
Any public officer who shall issue a false certificate of merit of service, good conduct or similar circumstances.

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. (As amended by R.A. No. 10951, August 29, 2017)

Elements

The offender is:
1. A physician or surgeon who, in connection with the practice of his profession, issues a false certificate;
2. A public officer who issues a false certificate of merit or service, good conduct or similar circumstances; or
3. A private person who falsifies a certificate falling within the classes mentioned in (a) and (b).
The offender knows that the certificate is false.

A175 - Using false certificates

The penalty of arresto menor shall be imposed upon any one who shall knowingly use any of the false certificates mentioned in the next preceding article.

Elements

That a false certificate mentioned in the preceding Article was issued;
That the offender knew that the certificate was false;
That he used the same.

Section Six - Manufacturing, importing and possession of instruments or implements intended for the commission of falsification

A176 - Manufacturing and possession of instruments or implements for falsification

The penalty of prisión correccional in its medium and maximum periods and a fine not to exceed One million pesos (₱1,000,000) shall be imposed upon any person who shall make or introduce into the Philippines any stamps, dies, marks, or other instruments or implements intended to be used in the commission of the offenses of counterfeiting or falsification mentioned in the preceding sections of this Chapter.

Any person who, with the intention of using them, shall have in 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. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender either:
1. Makes or introduces into the Philippines any stamps, dies, marks, or other instruments or implements intended for counterfeiting or falsification; or
2. Has in his possession with intent to use the same, any of said instruments or implements.
That these instruments or implements are intended to be used in the commission of any of the offenses of counterfeiting or falsification.

Chapter Two - Other Classifications

Section One - Usurpation of authority, rank, title, and improper use of names, uniforms and insignia

A177 - Usurpation of authority or official functions

Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prisión correccional in its minimum and medium periods.

Elements

That the offender represents himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or performs any act under pretense of official position;
That he performs such act without being lawfully entitled to do so; and
That there is a representation or pretense that is knowingly false.

A178 - Using fictitious name and concealing true name

The penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed upon any person who shall publicly use a fictitious name for the purpose of concealing a crime, evading the execution of a judgment or causing damage.

Any person who conceals his true name and other personal circumstances shall be punished by arresto menor or a fine not exceeding Forty thousand pesos (₱40,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

The offender uses a name other than his real name;
He uses that fictitious name publicly; and
The purpose of the offender is either:
1. To conceal a crime;
2. To evade the execution of a judgment; or
3. To cause damage to public interest.

A179 - Illegal use of uniform or insignia

The penalty of arresto mayor shall be imposed upon any person who shall publicly and improperly make use of insignia, uniform or dress pertaining to an office not held by such person or to a class of persons of which he is not a member.

Elements

That the offender makes use of insignia, uniform or dress;
That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member; and
That said insignia, uniform or dress is used publicly and improperly.

Section Two - False Testimony

A180 - False testimony against a defendant

Any person who shall give false testimony against the defendant in any criminal case shall suffer:

The penalty of reclusion temporal, if the defendant in said case shall have been sentenced to death;
The penalty of prisión mayor, if the defendant shall have been sentenced to reclusion temporal or reclusion perpetua;
The penalty of prisión correccional, if the defendant shall have been sentenced to any other afflictive penalty; and
The penalty of arresto mayor, if the defendant shall have been sentenced to a correctional penalty or a fine, or shall have been acquitted.

In cases provided in subdivisions 3 and 4 of this article the offender shall further a fine not to exceed Two hundred thousand pesos (₱200,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That there be a criminal proceeding;
That the offender testifies falsely under oath against the defendant therein;
That the offender knows that his testimony is false; and
That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment.

A181 - False testimony favorable to the defendant

Any person who shall give false testimony in favor of the defendant in a criminal case, shall suffer the penalties of arresto mayor in its maximum period to prisión correccional in its minimum period and a fine not to exceed Two hundred thousand pesos (₱200,000), if the prosecution is for a felony punishable by an afflictive penalty, and the penalty of arresto mayor in any other case. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That there be a criminal proceeding;
That the offender testifies falsely under oath in favor of the defendant in said proceeding;
That the offender knows that his testimony is false; and
That the criminal proceeding is for a felony.

A183 - False testimony in other cases and perjury in solemn affirmation

The penalty of prision mayor in its minimum period shall be imposed upon any person who, knowingly making untruthful statements and not being included in the provisions of the next preceding articles, shall testify under oath, or make an affidavit, upon any material matter before a competent person authorized to administer an oath in cases in which the law so requires.

Any person who, in case of a solemn affirmation made in lieu of an oath, shall commit any of the falsehoods mentioned in this and the three preceding articles of this section, shall suffer the respective penalties provided therein: Provided, That is the person responsible for the commission of this felony is a public officer or employee, the penalty shall be imposed in its maximum period: Provided, finally, That the offender shall also suffer a fine not to exceed One million pesos (P1,000,000.00) and perpetual absolute disqualification from holding any appointive or elective position in the government or in any agency, entity, or instrumentality thereof. (As amended by R.A. No. 11594, October 29, 2021)

Elements

That the offender makes a statement under oath or executes an affidavit upon a material matter;
That the statement or affidavit is made before a competent officer, authorized to receive and administer oath;
That in that statement or affidavit, the offender makes a willful and deliberate assertion of a falsehood; and
That the sworn statement or affidavit containing the falsity is required by law or made for a legal purpose.

A184 - Offering false testimony in evidence

Any person who shall willfully and knowingly offer in evidence a false witness or testimony in any judicial or official proceeding, shall be punished as guilty of false testimony and shall suffer the respective penalties provided in this section. (As amended by R.A. No. 11594, October 29, 2021)

Elements

That the offender offered in evidence a false witness or testimony;
That he knew the witness or testimony was false;
That the offer was made in a judicial or official proceeding.

Chapter Three - Frauds

Section One - Machinations, Monopolies, and Combinations

A185 - Machinations in public auctions

Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned.

Elements

That there is or is to be a public auction;
That the offender:
1. Solicits any gift or promise as a consideration for refraining from taking part in the public auction; or
2. Attempts to cause bidders to stay away from the auction by threats, gifts, promises or any other artifice.
That, in the second case, the offender has the intent to cause the reduction of the price of the thing auctioned.

A186 - Monopolies and combinations in restraint of trade

The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:

Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market;
Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize said merchandise or object in order to alter the price thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market;
Any person who, being a manufacturer, producer, or processor of any merchandise or object of commerce or an importer of any merchandise or object of commerce from any foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewise engaged in the manufacture, production, processing, assembling or importation of such merchandise or object of commerce or with any other persons not so similarly engaged for the purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippines, of any such merchandise or object of commerce manufactured, produced, processed, assembled in or imported into the Philippines, or of any article in the manufacture of which such manufactured, produced, processed, or imported merchandise or object of commerce is used.

If the offense mentioned in this Article affects any food substance, motor fuel or lubricants, or other articles of prime necessity, the penalty shall be that of prision mayor in its minimum and medium periods, it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination.

Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and being; the subject thereof, shall be forfeited to the Government of the Philippines.

Whenever any of the offenses described above is committed by a corporation or association, the president and each one of the directors or managers of said corporation or association or its agent or representative in the Philippines in case of a foreign corporation or association, who shall have knowingly permitted or failed to prevent the commission of such offenses, shall be held liable as principals thereof. (As amended by R.A. No. 1956, Jun 22, 1957)

Elements

That the offender is engaged in the production, manufacture, processing, assembly, or importation of any merchandise or object of commerce, or is an agent of the person so engaged;
That the offender alone or in combination with others:
1. Enters into any contract, agreement, conspiracy or combination in restraint of trade or to prevent free competition; or
2. Monopolizes any merchandise or object of trade or combines with others to monopolize said object in order to alter its price; or
3. Makes transactions or combinations prejudicial to lawful commerce or to increase market price.

Section Two - Fraud in Commerce and Industry

A187 - Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys

The penalty of prisión correccional or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be imposed upon any person who shall knowingly import or sell or dispose of any article or merchandise made of gold, silver, or other precious metals, or their alloys, with stamps, brands, or marks which fail to indicate the actual fineness or quality of said metals or alloys.

Any stamp, brand, label, or mark shall be deemed to fail to indicate the actual fineness of the article on which it is engraved, printed, stamped, labeled or attached, when the test of the article shows that the quality or fineness thereof is less by more than one-half karat, if made of gold, and less by more than four one-thousandth, if made of silver, than what is shown by said stamp, brand, label or mark. But in case of watch cases and flatware made of gold, the actual fineness of such gold shall not be less by more than three one-thousandth than the fineness indicated by said stamp, brand, label, or mark.(As amended by R.A. No. 10951, August 29, 2017)

Elements

That there is an article or merchandise made of gold, silver, or other precious metals or their alloys;
That said article or merchandise is stamped, branded, labeled or marked as to its fineness or quality;
That such stamp, brand, label or mark fails to indicate the actual fineness or quality of said metals or alloys; and
That the offender knowingly imports, sells or disposes of such article or merchandise.

A188 and A189 are repealed by R.A No. 8293 (Intellectual Property Code)

Title Five - Crimes Relative to Opium and Other Prohibited Drugs

see R.A. No. 9165 Comprehensive Dangerous Drugs Act of 2002, as amended

Title Six - Crimes Against Public Morals

Chapter One - Gambling and Betting

see special penal laws on illegal gambling

Chapter Two - Offenses Against Decency

A200 - Grave scandal

The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code.

Elements

That the offender performs an act or acts;
That such act or acts be highly scandalous as offending against decency or good customs;
That the highly scandalous conduct is not expressly falling within any other article of this Code; and
That the act or acts complained of be committed in a public place or within the public knowledge or view.

A201 - Immoral doctrines, obscene publications and exhibitions and indecent shows

The penalty of prisión mayor or a fine ranging from Twenty thousand pesos (₱20,000) to Two hundred thousand pesos (₱200,000), or both such imprisonment and fine, shall be imposed upon:

Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
(a) The authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same; (b) Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral plays, scenes, acts or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which: (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public orders, morals, and good customs, established policies, lawful orders, decrees and edicts; and
Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender:
1. Publicly expounds or proclaims doctrines openly contrary to public morals; or
2. Is the author of obscene literature published with his knowledge in any form, or is an editor publishing such literature, or is the owner/operator of the establishment selling the same; or
3. In theaters, fairs, cinematographs or any other place, exhibits indecent or immoral plays, scenes, acts or shows; or
4. Sells, gives away or exhibits films, prints, engravings, sculpture or literature which are offensive to morals.

A202 - Prostitutes; Penalty

For the purpose of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.

Any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or a fine not exceeding Twenty thousand pesos (₱20,000), and in case of recidivism, by arresto mayor in its medium period to prisión correccional in its minimum period or a fine ranging from Twenty thousand pesos (₱20,000) to Two hundred thousand pesos (₱200,000), or both, in the discretion of the court. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender engages in the business of prostitution;
That the prostitute is a woman who, for money or profit, habitually indulges in sexual intercourse or lascivious conduct.

Title Seven - Crimes Committed By Public Officers

Chapter One - Preliminary Provisions

A203 - Who are public officers

For the purpose of applying the provisions of this and the preceding titles of this Code, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, or shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.

Elements

To be a public officer one must be:
1. Taking part in the performance of public functions in the government, or performing in said government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and
2. That his authority to take part in the performance of public functions or to perform public duties must be by direct provision of the law, or by popular election, or by appointment by competent authority.

Chapter Two - Malefeasance and Misfeasance in Office

Section One - Dereliction of Duty

A204 - Knowingly rendering unjust judgment

Any judge who shall knowingly render an unjust judgment in any case submitted to him for decision, shall be punished by prision mayor and perpetual absolute disqualification.

Elements

That the offender is a judge;
That he renders a judgment in a case submitted to him for decision;
That the judgment is unjust; and
That the judge knows that his judgment is unjust.

A205 - Judgment rendered through negligence

Any judge who, by reason of inexcusable negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and temporary special disqualification.

Elements

That the offender is a judge;
That he renders a judgment in a case submitted to him for decision;
That the judgment is manifestly unjust; and
That it is due to his inexcusable negligence or ignorance.

A206 - Unjust interlocutory order

Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension.

Elements

That the offender is a judge;
That he performs any of the following acts:
1. Knowingly renders unjust interlocutory order or decree, or
2. Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

A207 - Malicious delay in the administration of justice

The penalty of prisión correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice.

Elements

That the offender is a judge;
That there is a proceeding in court;
That he delays the administration of justice; and
That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case.

A208 - Prosecution of offenses; negligence and tolerance

The penalty of prision correccional in its minimum period and suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses.

Elements

That the offender is a public officer who has a duty to cause the prosecution of, or to prosecute offenses;
That knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed he tolerates its commission; and
That the offender acts with malice and deliberate intent to favor the violator of the law.

A209 - Betrayal of trust by an attorney or solicitor - Revelation of secrets

In addition to the proper administrative action, the penalty of prisión correccional in its minimum period, or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be imposed upon any attorney-at-law or any person duly authorized to represent and/or assist a party to a case who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney-at-law or any person duly authorized to represent and/or assist a party to a case who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is an attorney or solicitor;
That the offender commits any of the following acts:
1. Causing damage to his client, either:
  - By any malicious breach of professional duty; or
  - By inexcusable negligence or ignorance;
2. Revealing any of the secrets of his client learned by him in his professional capacity; or
3. Undertaking the defense of the opposing party in the same case without the consent of his first client after having undertaken the defense of said first client or after having received confidential information from said client.

Section Two - Bribery

A210 - Direct bribery

Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and maximum periods and a fine of not less than three times the value of the gift, in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed.

If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the penalties of prision correccional in its medium period and a fine of not less than twice the value of such gift.

If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do, he shall suffer the penalties of prision correccional in its maximum period to prision mayor in its minimum period and a fine of not less than three times the value of such gift.

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary disqualification.

The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties. (As amended by Batas Pambansa Blg. 871, June 10, 1985)

Elements

That the offender is a public officer;
That the offender accepts an offer or a promise or receives a gift or present by himself or through another;
That such offer or promise be accepted, or gift or present received by the public officer:
1. With a view to committing some crime;
2. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust; or
3. To refrain from doing something which it is his official duty to do.
That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties.

A211 - Indirect bribery

The penalties of prision correccional in its medium and maximum periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (As amended by Batas Pambansa Blg. 872, June 10, 1985)

Elements

That the offender is a public officer;
That he accepts gifts; and
That the said gifts are offered to him by reason of his office.

A211-A - Qualified Bribery.

If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusión perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted.

If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death. (As added by R.A. No. 7659, December 13, 1993)

Elements

That the offender is a public officer entrusted with law enforcement.
That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusión perpetua and/or death.
That the offender refrains in consideration of any offer, promise, gift or present.

A212 - Corruption of public officials

The same penalties imposed upon the officer corrupted, except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles.

Elements

That the offender makes offers or promises or gives gifts or presents to a public officer;
That the offers or promises are made or the gifts or presents given to a public officer under circumstances that will make the public officer liable for direct bribery or indirect bribery.

Chapter Three - Frauds and Illegal Exactions

A213 - Frauds against the public treasury and similar offenses

The penalty of prisión correccional in its medium period to prisión mayor in its minimum period, or a fine ranging from Forty thousand pesos (₱40,000) to Two million pesos (₱2,000,000), or both, shall be imposed upon any public officer who:

In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government;
Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty of any of the following acts or omissions:
1. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law.
2. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially.
3. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the provisions of the Administrative Code shall be applied. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is a public officer;
That the offender commits any of the following acts:
1. By entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the Government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds;
2. Being entrusted with the collection of taxes, licenses, fees and other imposts:
  - Demanding, directly, or indirectly, the payment of sums different from or larger than those authorized by law;
  - Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially; or
  - Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

A214 - Other frauds

In addition to the penalties prescribed in the provisions of Chapter Six, Title Ten, Book Two, of this Code, the penalty of temporary special disqualification in its maximum period to perpetual special disqualification shall be imposed upon any public officer who, taking advantage of his official position, shall commit any of the frauds or deceits enumerated in said provisions.

Elements

That the offender is a public officer;
That he takes advantage of his official position; and
That he commits any of the frauds or deceits enumerated in the provisions of Chapter Six, Title Ten, Book Two (Articles 315 to 318.), of this Code.

A215 - Prohibited transactions

The penalty of prisión correccional in its minimum period or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be imposed upon any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is an appointive public officer;
That during his incumbency he becomes interested directly or indirectly in any transaction of exchange or speculation; and
That the transaction is within the territory subject to his jurisdiction.

A216 - Possession of prohibited interest by a public officer

The penalty of arresto mayor in its medium period to prisión correccional in its minimum period, or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both, shall be imposed upon a public officer who directly or indirectly, shall become interested in any contract or business in which it is his official duty to intervene.

This provision is applicable to experts, arbitrators and private accountants who, in like manner, shall take part in any contract or transaction connected with the estate or property in appraisal, distribution or adjudication of which they shall have acted, and to guardians and executors with respect to the property belonging to their wards or estate. (As amended by R.A. No. 10951, August 29, 2017)

Persons Liable

A public officer who directly or indirectly becomes interested in any contract or business in which it is his official duty to intervene; or
An expert, arbitrator, or private accountant who takes part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted; or
A guardian or executor with respect to the property belonging to their wards or estate.

Chapter Four - Malversation of Public Funds

A217 - Malversation of public funds or property — Presumption of malversation

Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer:

The penalty of prisión correccional in its medium and maximum periods, if the amount involved in the misappropriation or malversation does not exceed Forty thousand pesos (₱40,000).
The penalty of prisión mayor in its minimum and medium periods, if the amount involved is more than Forty thousand pesos (₱40,000) but does not exceed One million two hundred thousand pesos (₱1,200,000).
The penalty of prisión mayor in its maximum period to reclusion temporal in its minimum period, if the amount involved is more than One million two hundred thousand pesos (₱1,200,000) but does not exceed Two million four hundred thousand pesos (₱2,400,000).
The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more than Two million four hundred thousand pesos (₱2,400,000) but does not exceed Four million four hundred thousand pesos (₱4,400,000).
The penalty of reclusion temporal in its maximum period, if the amount involved is more than Four million four hundred thousand pesos (₱4,400,000) but does not exceed Eight million eight hundred thousand pesos (₱8,800,000). If the amount exceeds the latter, the penalty shall be reclusion perpetua.

In all cases, persons guilty of malversation shall also suffer t he penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.

The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal uses. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender be a public officer;
That he had custody or control of funds or property by reason of the duties of his office;
That those funds or property were public funds or property for which he was accountable; and
That he appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take them.

A218 - Failure of accountable officer to render accounts

Any public officer, whether in the service or separated therefrom by resignation or any other cause, who is required by law or regulation to render account to the Commission on Audit, or to a provincial auditor and who fails to do so for a period of two (2) months after such accounts should be rendered, shall be punished by prision correccional in its minimum period, or by a fine ranging from Forty thousand pesos (₱40,000) to One million two hundred thousand pesos (₱1,200,000), or both. (As amended by Republic Act No. 10951, August 29, 2017)

Elements

That the offender is a public officer, whether in the service or separated therefrom.
That he must be an accountable officer for public funds or property.
That he is required by law or regulation to render accounts to the Commission on Audit, or to a provincial auditor.
That he fails to do so for a period of two months after such accounts should be rendered.

A219 - Failure of a responsible public officer to render accounts before leaving the country

Any public officer who unlawfully leaves or attempts to leave the Philippines without securing a certificate from the Commission on Audit showing that his accounts have been finally settled, shall be punished by arresto mayor, or a fine ranging from Forty thousand pesos (₱40,000) to Two hundred thousand pesos (₱200,000), or both. (As amended by Republic Act No. 10951, August 29, 2017)

Elements

That the offender is a public officer.
That he must be an accountable officer for public funds or property.
That he must have unlawfully left the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled.

A220 - Illegal use of public funds or property

Any public officer who shall apply any public fund or property under his administration to any public use other than that for which such fund or property were appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the total of the sum misapplied, if by reason of such misapplication, any damage or embarrassment shall have resulted to the public service. In either case, the offender shall also suffer the penalty of temporary special disqualification.

If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to 50 per cent of the sum misapplied.

Elements

That the offender is a public officer.
That there is public fund or property under his administration.
That such public fund or property has been appropriated by law or ordinance.
That he applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance.

A221 - Failure to make delivery of public funds or property

Any public officer under obligation to make payment from Government funds in his possession, who shall fail to make such payment, shall be punished by arresto mayor and a fine from five (5) to twenty-five (25) percent of the sum which he failed to pay.

This provision shall apply to any public officer who, being ordered by competent authority to deliver any property in his custody or under his administration, shall refuse to make such delivery.

The fine shall be graduated in such ease by the value of the thing: Provided, That it shall not be less than Ten thousand pesos (P10,000). (As amended by Republic Act No. 10951, August 29, 2017)

Elements

That the offender is a public officer.
That he commits any of the following acts:
1. Failing to make payment by a public officer who is under obligation to make such payment from government funds in his possession; or
2. Refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration.

A222 - Officers included in the preceding provisions

The provisions of this chapter shall apply to private individuals who in any capacity whatever, have charge of any insular, provincial or municipal funds, revenues, or property and to any administrator or depository of funds or property attached, seized or deposited by public authority, even if such property belongs to a private individual.

Elements

That the offender is any of the following:
1. A private individual who in any capacity whatever has charge of any national, provincial or municipal funds, revenues, or property; or
2. An administrator or depository of funds or property attached, seized or deposited by public authority, even if such property belongs to a private individual
That such offender commits any of the acts described in Articles 217 to 221 of the Revised Penal Code

Chapter Five - Infidelity of Public Officers

Section One - Infifelity in the Custody of Prisoners

A223 - Conniving with or consenting to evasion

Any public officer who shall consent to the escape of a prisoner in his custody or charge, shall be punished:

By prison correccional in its medium and maximum periods and temporary special disqualification in its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final judgment to any penalty.
By prison correccional in its minimum period and temporary special disqualification, if the fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or violation of law or municipal ordinance.

Elements

That the offender is a public officer
That he had in his custody or charge a prisoner, either detention prisoner or prisoner by final judgment
That such prisoner escaped from his custody
That he consented to the escape of the prisoner

A224 - Evasion through negligence

If the evasion of the prisoner shall have taken place through the negligence of the officer charged with the conveyance or custody of the escaping prisoner, said officer shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its minimum period and temporary special disqualification.

Elements

That the offender is a public officer;
That he is charged with the conveyance or custody of a prisoner, either:
1. A detention prisoner, or
2. A prisoner by final judgment
That such prisoner escapes through his negligence.

A225 - Escape of prisoner under the custody of a person not a public officer.

Any private person to whom the conveyance or custody of a prisoner or person under arrest shall have been confided, who shall commit any of the offenses mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that prescribed for the public officer.

Elements

That the offender is a private individual;
That the conveyance or custody of a prisoner or person under arrest is confided to him;
That the prisoner or person under arrest escapes;
That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence.

Section Two - Infidelity of Custody of Document

A226 - Removal, concealment or destruction of documents.

Any public officer who shall remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:

The penalty of prisión mayor and a fine not exceeding Two hundred thousand pesos (₱200,000), whenever serious damage shall have been caused thereby to a third party or to the public interest.
The penalty of prisión correccional in its minimum and medium periods and a fine not exceeding Two hundred thousand pesos (₱200,000), whenever the damage caused to a third party or to the public interest shall not have been serious.

In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual disqualification shall be imposed. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender be a public officer.
That he removes, conceals or destroys documents or papers.
That the said documents or papers should have been entrusted to such public officer by reason of his office.
That damage, whether serious or not, to a third party or to the public interest should have been caused.

A227 - Officer breaking seal.

Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prisión correccional in its minimum and medium periods, temporary special disqualification and a fine not exceeding Four hundred thousand pesos (₱400,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is a public officer.
That he is charged with the custody of papers or property.
That these papers or property are sealed by proper authority.
That he breaks the seals or permits them to be broken.

A228 - Opening of closed documents.

Any public officer not included in the provisions of the next preceding article who, without proper authority, shall open or shall permit to be opened any closed papers, documents or objects entrusted to his custody, shall suffer the penalties of arresto mayor, temporary special disqualification and a fine not exceeding Four hundred thousand pesos (₱400,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is a public officer.
That any closed papers, documents, or objects are entrusted to his custody.
That he opens or permits to be opened said closed papers, documents, or objects.
That he does not have the proper authority.

Section Three - Revelation of Secrets

A229 - Revelation of secrets by an officer.

Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which should not be published, shall suffer the penalties of prisión correccional in its medium and maximum periods, perpetual special disqualification and a fine not exceeding Four hundred thousand pesos (₱400,000) if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest; otherwise, the penalties of prisión correccional in its minimum period, temporary special disqualification and a fine not exceeding One hundred thousand (₱100,000) pesos shall be imposed. (As amended by R.A. No. 10951, August 29, 2017)

Elements

(Note: This crime can be committed in two ways)

Mode 1: Revealing Secrets

That the offender is a public officer.
That he knows of a secret by reason of his official capacity.
That he reveals such secret without authority or justifiable reason.
That the revelation caused serious damage to the public interest (for higher penalty) or did not cause serious damage (for lower penalty).

Mode 2: Wrongful Delivery of Papers

That the offender is a public officer.
That he has charge of papers or copies of papers.
That these papers should not be published.
That he delivers such papers or copies thereof wrongfully.
That the delivery caused serious damage to the public interest (for higher penalty) or did not cause serious damage (for lower penalty).

A230 - Public officer revealing secrets of private individual.

Any public officer to whom the secrets of any private individual shall become known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding Two hundred thousand pesos (₱200,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is a public officer.
That he knows of the secrets of a private individual by reason of his office.
That he reveals such secrets without authority or justifiable reason.

Chapter Six - Other Offenses or Irregularities by Public Officers

Section One - Disobedience, Refusal of Assistance, and Maltreatment of Prisoners

A231 - Open disobedience.

Any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its medium period to prisión correccional in its minimum period, temporary special disqualification in its maximum period and a fine not exceeding Two hundred thousand pesos (₱200,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is a judicial or executive officer.
That there is a judgment, decision or order of a superior authority.
That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities.
That the offender without any legal justification openly refuses to execute said judgment, decision or order, which he is duty bound to obey.

A232 - Disobedience to order of superior officer, when said order was suspended by inferior officer.

Any public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after the latter have disapproved the suspension, shall suffer the penalties of prisión correccional in its minimum and medium periods and perpetual special disqualification.

Elements

That the offender is a public officer.
That an order is issued by his superior for execution.
That he has for any reason suspended the execution of such order.
That his superior disapproves the suspension of the execution of the order.
That the offender disobeys his superior despite the disapproval of the suspension.

A233 - Refusal of assistance.

The penalties of arresto mayor in its medium period to prisión correccional in its minimum period, perpetual special disqualification and a fine not exceeding Two hundred thousand pesos (₱200,000), shall be imposed upon a public officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding One hundred thousand pesos (₱100,000) shall be imposed. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is a public officer.
That a demand is made upon him by a competent authority.
That the demand is for him to lend his cooperation towards the administration of justice or other public service.
That he fails to lend such cooperation.
(Condition for higher penalty) That serious damage to the public interest, or to a third party, results from such failure.

A234 - Refusal to discharge elective office.

The penalty of arresto mayor or a fine not exceeding Two hundred thousand pesos (₱200,000), or both, shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said office. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is elected by popular election to a public office.
That he refuses to be sworn in or to discharge the duties of said office.
That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

A235 - Maltreatment of prisoners.

The penalty of prisión correccional in its medium period to prisión mayor in its minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishments not authorized by the regulations, or by inflicting such punishments in a cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the offender shall be punished by prisión mayor in its minimum period, temporary special disqualification and a fine not exceeding One hundred thousand pesos (₱100,000), in addition to his liability for the physical injuries or damage. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is a public officer or employee.
That he has under his charge a prisoner or detention prisoner.
That he maltreats such prisoner in either of the following manners:
1. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either by the imposition of punishments not authorized by the regulations, or by inflicting such punishments in a cruel and humiliating manner; or
2. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner.

(see R.A. No. 9745, November 10, 2009)

Section Two - Anticipation, Prolongation, and Abandonment of Duties and Powers of Public Office

A236 - Anticipation of duties of a public office.

Any person who shall assume the performance of the duties and powers of any public office or employment without first being sworn in or having given the bond required by law, shall be suspended from such office or employment until he shall have complied with the respective formalities and shall be fined from Forty thousand pesos (₱40,000) to One hundred thousand pesos (₱100,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is entitled to hold a public office or employment, either by election or appointment.
That the law requires that he should first be sworn in and/or should first give a bond.
That he assumes the performance of the duties and powers of such office.
That he has not taken his oath of office and/or given the bond required by law.

A237 - Prolonging performance of duties and powers.

Any public officer who shall continue to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case, shall suffer the penalties prisión correccional in its minimum period, special temporary disqualification in its minimum period and a fine not exceeding One hundred thousand pesos (₱100,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is holding a public office.
That the period provided by law, regulations or special provisions for holding such office, has already expired.
That he continues to exercise the duties and powers of such office.

A238 - Abandonment of office or position.

Any public officer who, before the acceptance of his resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor.

If such office shall have been abandoned in order to evade the discharge of the duties of preventing, prosecuting or punishing any of the crimes falling within Title One, and Chapter One of Title Three of Book Two of this Code, the offender shall be punished by prisión correccional in its minimum and medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime.

Elements

That the offender is a public officer.
That he formally resigns from his position.
That his resignation has not yet been accepted.
That he abandons his office to the detriment of the public service.

Section Three - Usurpation of Powers and Unlawful Appointments

A239 - Usurpation of legislative powers.

The penalties of prisión correccional in its minimum period, temporary special disqualification and a fine not exceeding Two hundred thousand pesos (₱200,000), shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is an executive or judicial officer.
That he:
1. Makes general rules or regulations beyond the scope of his authority;
2. Attempts to repeal a law; or
3. Suspends the execution thereof.

A240 - Usurpation of executive functions.

Any judge who shall assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty of arresto mayor in its medium period to prisión correccional in its minimum period.

Elements

That the offender is a judge.
That the offender:
1. Assumes a power pertaining to the executive authorities; or
2. Obstructs the executive authorities in the lawful exercise of their powers.

A241 - Usurpation of judicial functions.

The penalty of arresto mayor in its medium period to prisión correccional in its minimum period shall be imposed upon any officer of the executive branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within his jurisdiction.

Elements

That the offender is holding office under the Executive Branch of the Government.
That the offender:
1. Assumes judicial powers; or
2. Obstructs the execution of any order or decision rendered by any judge within his jurisdiction.

A242 - Disobeying request for disqualification.

Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is a public officer.
That a proceeding is pending before such public officer.
That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided.
That he has been lawfully required to refrain from continuing the proceeding.
That he continues the proceeding.

A243 - Orders or requests by executive officers to any judicial authority.

Any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is an executive officer.
That he addresses any order or suggestion to any judicial authority.
That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.

A244 - Unlawful appointments.

Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding Two hundred thousand pesos (₱200,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender is a public officer.
That he nominates or appoints a person to a public office.
That such person lacks the legal qualifications therefor.
That the offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment.

Section Four - Abuses Against Chastity

A245 - Abuses against chastity—Penalties.

The penalties of prisión correccional in its medium and maximum periods and temporary special disqualification shall be imposed:

Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer;
Any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody.

If the person solicited be the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of such warden or officer, the penalties shall be prisión correccional in its minimum and medium periods and temporary special disqualification.

Elements

That the offender is a public officer.
That he solicits or makes immoral or indecent advances to a woman.
That the offended woman is:
1. Interested in matters pending before the offending officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer; OR
2. Under the custody of the offender, who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; OR
3. The wife, daughter, sister or relative within the same degree by affinity of any person in the custody of such warden or officer.

Title Eight - Crimes Against Persons

Chapter One - Destruction of Life

Section One - Parricide, murder, homicide

A246 - Parricide.

Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusión perpetua to death. (As amended by R.A. No. 7659, December 13, 1993)

Elements

That a person is killed.
That the deceased is killed by the accused.
That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse, of the accused.

A247 - Death or physical injuries inflicted under exceptional circumstances.

Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.

If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.

These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen years of age, and their seducers, while the daughters are living with their parents.

Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented to the infidelity of the other spouse shall not be entitled to the benefits of this article.

Elements

That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person.
That he or she kills any or both of them, or inflicts upon any or both of them any serious physical injury, in the act or immediately thereafter.
That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse.

(Note: Article 247 does not define a crime but provides a special circumstance resulting in the penalty of destierro or an absolutory cause for a spouse who kills or injures the other spouse or their paramour when caught in flagrante delicto)

A248 - Murder.

Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusión perpetua to death if committed with any of the following attendant circumstances:

With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
In consideration of a price, reward, or promise.
By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, or by means of motor vehicles, or with the use of any other means involving great waste and ruin.
On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
With evident premeditation.
With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. (As amended by R.A. No. 7659, December 13, 1993)

Elements

That a person was killed.
That the accused killed him.
That the killing was attended by any of the qualifying circumstances mentioned in Article 248.
That the killing is not parricide or infanticide.

A249 - Homicide.

Any person who, not falling within the provisions of article 246 shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusión temporal.

Elements

That a person was killed.
That the accused killed him without any justifying circumstance.
That the accused had the intention to kill, which is presumed.
That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.

A250 - Penalty for frustrated parricide, murder or homicide.

The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that which should be imposed under the provisions of article 50.

The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under article 51 should be imposed for an attempt to commit any of such crimes.

(Note: Article 250 does not define a crime with specific elements but provides rules for penalty modification in frustrated and attempted stages of parricide, murder, or homicide, granting judicial discretion to lower the penalty beyond the standard reduction under Articles 50 and 51 based on the case facts.)

A251 - Death caused in a tumultuous affray.

When, while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified, such person or persons shall be punished by prisión mayor.

If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prisión correccional in its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of the victim.

Elements

That there be several persons.
That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally.
That these several persons quarreled and assaulted one another in a confused and tumultuous manner.
That someone was killed in the course of the affray.
That it cannot be ascertained who actually killed the deceased.
That the person or persons who inflicted serious physical injuries or who used violence can be identified.

A252 - Physical injuries inflicted in a tumultuous affray.

When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the person responsible therefor cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the penalty next lower in degree than that provided for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who appear to have used any violence upon the person of the offended party shall be punished by arresto mayor from five to fifteen days.

Elements

That there is a tumultuous affray.
That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only.
That the person responsible therefor cannot be identified.
That all those who appear to have used violence upon the person of the offended party are known.

A253 - Giving assistance to suicide.

Any person who shall assist another to commit suicide shall suffer the penalty of prisión mayor; if such person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusión temporal.

However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods shall be imposed.

Elements

(Note: This crime is committed in two ways)

Mode 1: Assisting Suicide

That a person intended to commit suicide.
That the offender assisted such person to commit suicide.

Mode 2: Doing the Killing for the Suicide

That a person intended to commit suicide.
That the offender lent assistance to such person to commit suicide.
That the assistance lent was to the extent of doing the killing himself.

A254 - Discharge of firearms.

Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide, or any other crime for which a higher penalty is prescribed by any of the articles of this Code.
Any person who shall wilfully and indiscriminately discharge any firearm or other device that may not have been designed as firearm, but can be functionally used as a firearm, shall suffer the penalty of arresto mayor in its maximum period, unless the facts of the case can be held to constitute any other offense for which a higher penalty is prescribed.
If the person who commits the offense provided in this Article is a member of the military and military auxiliary agencies, or law enforcement agencies, authorized to bear firearms and such discharge is not in the performance of official duties, the penalty one degree higher than that prescribed above shall be imposed and the offender may be held administratively liable.

In addition to the penalties imposed herein, any firearm license or permit issued in favor of the offender shall be summarily cancelled, and the offender shall be perpetually disqualified from being granted any firearm license or permit. (As amended by R.A. No. 11926, July 30, 2022)

Elements

That the offender discharges a firearm against or at another person.
That the offender has no intention to kill that person.

Section Two - Infanticide and abortion

A255 - Infanticide.

The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age.

If the crime penalized in this Article be committed by the mother of the child for the purpose of concealing her dishonor, she shall suffer the penalty of prisión mayor in its medium and maximum periods, and if said crime be committed for the same purpose by the maternal grandparents or either of them, the penalty shall be reclusión temporal. (As amended by R.A. No. 7659, December 13, 1993)

Elements

That a child was killed.
That the deceased child was less than three days of age.
That the accused killed the said child.

A256 - Intentional abortion.

Any person who shall intentionally cause an abortion shall suffer:

The penalty of reclusión temporal, if he shall use any violence upon the person of the pregnant woman.
The penalty of prisión mayor if, without using violence, he shall act without the consent of the woman.
The penalty of prisión correccional in its medium and maximum periods, if the woman shall have consented.

Elements

That there is a pregnant woman.
That violence is exerted, or drugs or beverages be administered, or that the accused otherwise acts upon such pregnant woman.
That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom.
That the abortion is intended.

A257 - Unintentional abortion.

The penalty of prisión correccional in its minimum and medium periods shall be imposed upon any person who shall cause an abortion by violence, but unintentionally.

Elements

That there is a pregnant woman.
That violence is used upon such pregnant woman without intending an abortion.
That the violence is intentionally exerted.
That as a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom.

A258 - Abortion practiced by the woman herself or by her parents.

The penalty of prisión correccional in its medium and maximum periods shall be imposed upon a woman who shall practice an abortion upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prisión correccional in its minimum and medium periods.

If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prisión correccional in its medium and maximum periods.

Elements

That there is a pregnant woman who has suffered an abortion.
That the abortion is intended.
That the abortion is caused by:
1. The pregnant woman herself; or
2. Any other person with her consent; or
3. Any of her parents, with her consent, for the purpose of concealing her dishonor.

A259 - Abortion practiced by a physician or midwife and dispensing of abortives.

The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same.

Any pharmacist who, without the proper prescription from a physician shall dispense any abortive shall suffer arresto mayor and a fine not exceeding One hundred thousand pesos (₱100,000). (As amended by R.A. No. 10951, August 29, 2017)

Elements

As to Physician or Midwife:

That there is a pregnant woman who suffered an abortion.
That the abortion is intended.
That the offender, who must be a physician or midwife, causes or assists in causing the abortion.
That said physician or midwife takes advantage of his or her scientific knowledge or skill.

As to Pharmacist:

That the offender is a pharmacist.
That there is no proper prescription from a physician.
That the offender dispenses any abortive.

Section Three - Duel

A260 - Responsibility of participants in a duel.

The penalty of reclusión temporal shall be imposed upon any person who shall kill his adversary in a duel.

If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their nature.

In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been inflicted.

The seconds shall in all events be punished as accomplices.

Acts Punished

By killing one's adversary in a duel.
By inflicting upon such adversary physical injuries only.
By engaging in combat (duel), although no physical injuries have been inflicted.
(Liability of Seconds) Aiding the duel as seconds.

A261 - Challenging to a duel.

The penalty of prisión correccional in its minimum period shall be imposed upon any person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel.

Acts Punished

By challenging another to a duel.
By inciting another to give or accept a challenge to a duel.
By scoffing or decrying another publicly for having refused to accept a challenge to fight a duel.

Chapter Two - Physical Injuries

A262 - Mutilation.

The penalty of reclusión temporal to reclusión perpetua shall be imposed upon any person who shall intentionally mutilate another by depriving him, either totally or partially, of some essential organ for reproduction.

Any other intentional mutilation shall be punished by prisión mayor in its medium and maximum periods.

Acts Punished

By intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction.
By intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body.

A263 - Serious physical injuries.

Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:

The penalty of prisión mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;
The penalty of prisión correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was theretofore habitually engaged;
The penalty of prisión correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he was habitually engaged for a period of more than ninety days;
The penalty of arresto mayor in its maximum period to prisión correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days.

If the offense shall have been committed against any of the persons enumerated in article 246, or with attendance of any of the circumstances mentioned in article 248, the case covered by subdivision number 1 of this Article shall be punished by reclusión temporal in its medium and maximum periods; the case covered by subdivision number 2 by prisión correccional in its maximum period to prisión mayor in its minimum period; the case covered by subdivision number 3 by prisión correccional in its medium and maximum periods; and the case covered by subdivision number 4 by prisión correccional in its minimum and medium periods.

The provisions of the preceding paragraph shall not be applicable to a parent who shall inflict physical injuries upon his child by excessive chastisement.

Elements (Resulting Injuries)

That the offender wounds, beats, or assaults another.
That the physical injuries inflicted result in:
1. Insanity, imbecility, impotency, or blindness of the injured person; OR
2. Loss of the use of speech, or the power to hear or smell, or loss of an eye, hand, foot, arm, or leg, or loss of the use of any such member, or incapacity for the work in which the injured person was theretofore habitually engaged; OR
3. Deformity, or loss of any other part of the body or its use, or illness or incapacity for the performance of habitual work for more than 90 days; OR
4. Illness or incapacity for labor for more than 30 days (but not more than 90 days).

A264 - Administering injurious substances or beverages.

The penalties established by the next preceding article shall be applicable in the respective cases to any person who, without intent to kill, shall inflict upon another any serious physical injury, by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity.

Elements

That the offender inflicted upon another any serious physical injury.
That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity.
That he had no intent to kill.

A265 - Less serious physical injuries.

Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten (10) days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor.

Whenever less serious physical injuries shall have been inflicted with the manifest intent to insult or offend the injured person, or under circumstances adding ignominy to the offense, in addition to the penalty of arresto mayor, a fine not exceeding Fifty thousand pesos (₱50,000) shall be imposed.

Any less serious physical injuries inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons of rank, or persons in authority, shall be punished by prisión correccional in its minimum and medium periods: Provided, That in the case of persons in authority, the deed does not constitute the crime of assault upon such persons. (As amended by R.A. No. 10951, August 29, 2017)

Elements

That the offender inflicted physical injuries upon another.
That the physical injuries inflicted were not those described in Article 263 (Serious Physical Injuries).
That the injuries inflicted shall either:
1. Incapacitate the offended party for labor for ten (10) days or more (but not more than 30 days); OR
2. Require medical assistance for the same period (10 days or more, but not more than 30 days).

A266 - Slight physical injuries and maltreatment.

The crime of slight physical injuries shall be punished:

By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one (1) day to nine (9) days, or shall require medical attendance during the same period.
By arresto menor or a fine not exceeding Forty thousand pesos (₱40,000) and censure when the offender has caused physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical assistance.
By arresto menor in its minimum period or a fine not exceeding Five thousand pesos (₱5,000) when the offender shall ill-treat another by deed without causing any injury. (As amended by R.A. No. 10951, August 29, 2017)

Acts Punished

Inflicting physical injuries which incapacitate the offended party for labor from one (1) to nine (9) days, or require medical attendance for the same period.
Causing physical injuries which do not prevent the offended party from engaging in his habitual work nor require medical attendance.
Ill-treating another by deed without causing any injury.

Chapter Three - Rape

A266-A - Rape; When and How Committed.

Rape is committed:

By a person who shall have carnal knowledge of another person under any of the following circumstances:
1. Through force, threat, or intimidation;
2. When the offended party is deprived of reason or otherwise unconscious;
3. By means of fraudulent machination or grave abuse of authority; and
4. When the offended party is under sixteen (16) years of age or is demented, even though none of the circumstances mentioned above be present: Provided, That there shall be no criminal liability on the part of a person having carnal knowledge of another person under sixteen (16) years of age when the age difference between the parties is not more than three (3) years, and the sexual act in question is proven to be consensual, non-abusive, and non-exploitative: Provided, further, That if the victim is under thirteen (13) years of age, this exception shall not apply. (Paragraph 1(d) as amended by R.A. No. 11648, March 4, 2022)
  
  As used in this Act, non-abusive shall mean the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with intention or through neglect, during the conduct of sexual activities with the child victim. On the other hand, non-exploitative shall mean there is no actual or attempted act or acts of unfairly taking advantage of the child's position of vulnerability, differential power, or trust during the conduct of sexual activities.
By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.(Amended by R.A. No. 8353, approved October 22, 1997)

(Definitions from R.A. 11648 applicable to paragraph 1(d) proviso): "As used in this Act, non-abusive shall mean the absence of undue influence, intimidation, fraudulent machinations, coercion, threat, physical, sexual, psychological, or mental injury or maltreatment, either with intention or through neglect, during the conduct of sexual activities with the child victim. On the other hand, non-exploitative shall mean there is no actual or attempted act or acts of unfairly taking advantage of the child's position of vulnerability, differential power, or trust during the conduct of sexual activities."

Elements

Rape by Carnal Knowledge (Paragraph 1):

That the offender had carnal knowledge of another person.
That such carnal knowledge was committed under any of the following circumstances:
1. Through force, threat, or intimidation; or
2. When the offended party was deprived of reason or otherwise unconscious; or
3. By means of fraudulent machination or grave abuse of authority; or
4. When the offended party was under sixteen (16) years of age or demented (subject to the exception in R.A. 11648).

Rape by Sexual Assault (Paragraph 2):

That the offender committed an act of sexual assault upon another person.
That the act of sexual assault consisted of inserting:
1. His penis into the other person's mouth or anal orifice; OR
2. Any instrument or object into the other person’s genital or anal orifice.
That the act was committed under any of the circumstances mentioned in Paragraph 1 (a, b, c, or d) above.

A266-B - Penalty.

Rape under paragraph 1 of the next preceding article shall be punished by reclusión perpetua.

Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusión perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusión perpetua to death.

When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusión perpetua to death.

When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.

The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:

When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;
When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;
When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;
When the victim is a child below seven (7) years old;
When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;
When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;
When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

Rape under paragraph 2 of the next preceding article shall be punished by prisión mayor.

Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prisión mayor to reclusión temporal.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusión temporal.

When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusión temporal to reclusión perpetua.

When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusión perpetua.

Reclusión temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in this article. (As introduced by R.A. No. 8353, September 30, 1997)

(Note: Article 266-B does not define a distinct crime but outlines the penalties and the specific aggravating/qualifying circumstances for the different ways Rape is committed under Article 266-A. The "elements" are the specific conditions listed within this article that dictate the applicable penalty range.)

A266-C - Effect of Pardon.

The subsequent valid marriage between the offended party shall extinguish the criminal action or the penalty imposed.

In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio. (As introduced by R.A. No. 8353, September 30, 1997)

(Note: Article 266-C does not define a crime with specific elements but outlines the conditions under which criminal liability for crimes mentioned in Article 266-A and 266-B may be extinguished, namely through subsequent valid marriage or, in specific cases of marital rape, forgiveness by the wife.)

Title Nine - Crimes Against Personal Liberty and Security

Table of Contents

Table of Contents

Title One - Crimes Against National Security and Law of Nations

Chapter One — Crimes Against National Security

Section One — Treason and Espionage

A114 - Treason

Elements

A115 - Conspiracy and proposal to commit treason; Penalty

A116 - Misprision of treason

Elements

A117 - Espionage

Elements of the first act

Elements of the second act

Section Two — Provoking war and disloyalty in case of war

A118 - Inciting to war or giving motives for reprisals

Elements

A119 - Violation of neutrality

Elements

A120 - Correspondence with hostile country

Elements

A121 - Flight to enemy country

Elements

Section Three — Piracy and mutiny on the high seas or in the Philippine waters

A122 - Piracy in general and mutiny on the high seas or in Philippine waters

A123 - Qualified piracy

Elements

Title Two - Crimes Against Fundamental Laws of the State

Chapter One — Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibiton, Interruption, and Dissolution of Peaceful Meetings and Crimes Against Religious Worship

Section One — Arbitrary Detention and Expulsion

A124 - Arbitrary detention

Elements

A125 - Delay in the delivery of detained persons to the proper judicial authorities

Elements

A126 - Delaying release

Elements

A127 - Expulsion

Elements

Section Two - Violation of Domicile

A128 - Violation of Domicile

Elements

A129 - Search warrants maliciously obtained and abuse in the service of those legally obtained

Elements of procuring a search warrant without just case

Elements of exceeding authority or using unnecessary severity in executing a search warrant legally procured

A130 - Searching domicile without witnesses

Elements

Section Three — Prohibition, interruption, and dissolution of peaceful meetings

A131 - Prohibition, interruption and dissolution of peaceful meetings

Acts Punished

A132 - Interruption of religious worship

Elements

A133 - Offending the religious feelings

Elements

Title Three - Crimes Against Public Order

Chapter One — Rebellion, Sedition, and Disloyalty

A134 - Rebellion or insurrection; How committed

Elements

A134-A - Coup d'etat; How committed

Elements

A135 - Penalty for rebellion, insurrection or coup d'etat

A136 - Conspiracy and proposal to commit coup d'etat, rebellion or insurrection

A137 - Disloyalty of public officers or employees

A138 - Inciting a rebellion or insurrection

Elements

A139 - Sedition; How committed

A140 - Penalty for sedition

A141 - Conspiracy to commit sedition

A142 - Inciting to sedition

Chapter Two — Crimes Against Popular Representation

Section One - Crimes Against Legislative Bodies and Similar Bodies

A143 - Acts tending to prevent the meeting of Congress and similar bodies

A144 - Disturbance of proceedings

Elements

Section Two - Violation of Parliamentary Immunity

A145 - Violation of Parliamentary Immunity

Acts Punished

Chapter Three - Illegal Assemblies

A146 - Illegal Assemblies

Concepts

A147 - Illegal Associations

Concepts