Revised Penal Code Of The Philippines: Book 2

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Art. 114. TREASON

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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 100,000 pesos.

No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt 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 by reclusion temporal to death and shall pay a fine not to exceed 100,000 pesos.

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Art. 115.CONSPIRACY AND PROPOSAL TO COMMIT TREASON — Penalty

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The conspiracy and proposal to commit the crime of treason shall be punished respectively, by prision mayor and a fine not exceeding 10,000 pesos, and by prision correccional and a fine not exceeding 5,000 pesos.

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Art. 116. MISPRISION OF TREASON

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Every person owing allegiance to (the United States or) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, who 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.

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Art. 117. ESPIONAGE

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

1. 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

2. 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.

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

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Art. 118. INCITING TO WAR OR GIVING MOTIVE FOR REPRISALS

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The penalty of reclusion 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.

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Art. 119. VIOLATION OF NEUTRALITY

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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.

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Art. 120. CORRESPONDENCE WITH HOSTILE COUNTRY

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

1. By prision correccional, if the correspondence has been prohibited by the Government;

2. By prision mayor, if the correspondence be carried on in ciphers or conventional signs; and

3. 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.

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Art. 121. FLIGHT TO ENEMY'S COUNTRY

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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.

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Art. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS

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The penalty of reclusion perpetua shall be inflicted upon any person who, on the high seas or in Philippine waters, shall attack or seize any 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 personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.

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Art. 123. QUALIFIED PIRACY

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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:

1. Whenever they have seized a vessel by boarding or firing upon the same;

2. Whenever the pirates have abandoned their victims without means of saving themselves; or

3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

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Art. 124. ARBITRARY DETENTION

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

1. The penalty of arresto mayor in its maximum period to prision correctional in its minimum period, if the detention has not exceeded three days;

2. The penalty of prision correctional in its medium and maximum periods, if the detention has continued more than three but not more than fifteen days;

3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more than six months; and

4. That 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.

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Art. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES

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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.

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Art. 126. DELAYING RELEASE

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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.

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Art. 127. EXPULSION

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The penalty of prision correctional 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.

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Art. 128. VIOLATION OF DOMICILE

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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 nighttime, 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.

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Art. 129. SEARCH WARRANT MALICIOUSLY OBTAINED, AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED

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In addition to the liability attaching to the offender for the commission of any other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and

a fine not exceeding 1,000 pesos 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.

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Art. 130. SEARCHING DOMICILE WITHOUT WITNESSESS

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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.

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Art. 131. PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

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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 any 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.

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Art. 132. INTERRUPTION OF RELIGIOUS WORSHIP

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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.

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Art. 133. OFFENDING THE RELIGIOUS FEELINGS

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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.

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Art. 134. REBELLION OR INSURRECTION — How committed

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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 Republic of the Philippines or any part thereof, or any body of land, naval, or other armed forces, or depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.

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Art. 134-A. COUP D'ETAT —How committed.

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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 networks, 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 or employment, with or without civilian support

or participation, for the purpose of seizing or diminishing

state power.

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Art. 135. Penalty for rebellion, insurrection or coup d'etat.

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

Any person merely participating or executing the commands of others in rebellion or insurrection 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 reclusion temporal 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 prision mayor 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, or performed similar acts, on behalf of the rebels, shall be deemed a leader of such rebellion, insurrection or coup d'etat.

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Art. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP D'ETAT, REBELLION OR INSURRECTION

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The conspiracy and proposal to commit coup d'etat shall be punished by prision mayor in its 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), and by prision correccional in its medium period, and a fine not exceeding two thousand pesos (P2,000).

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Art. 137. Disloyalty of public officers or employees

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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.

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Art. 138. INCITING TO REBELLION OR INSURRECTION

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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.

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Art. 139. SEDITION — How committed

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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:

1. To prevent the promulgation or execution of any law or the holding of any popular election;

2. 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;

3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;

4. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and

5. To 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.

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Art. 140. Penalty for sedition

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The leader of a sedition shall suffer the penalty of prision mayor in its minimum period and a fine not exceeding 10,000 pesos.

Other persons participating therein shall suffer the penalty of prision correccional in its maximum period and a fine not exceeding 5,000 pesos.

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Art. 141. CONSPIRACY TO COMMIT SEDITION

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Persons conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos.

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Art. 142. INCITING TO SEDITION

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The penalty of prision correccional in its maximum period and a fine not exceeding 2,000 pesos 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 (of the United States or the Government of the Commonwealth) of the Philippines, 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.

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Art. 143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES

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The penalty of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, by force

or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of any of its committees or sub-committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board.

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Art. 144. Disturbance of proceedings

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The penalty of arresto mayor or a fine from 200 to 1,000 pesos shall be imposed upon any person who disturbs the meetings of the National Assembly (Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or 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.

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Art. 145. Violation of parliamentary immunity

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The penalty of prision mayor shall be imposed upon any person

who shall use force, intimidation, threats or fraud to prevent any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his vote; and the penalty of prision correccional shall be imposed upon any public officer or employee who shall, while the Assembly (Congress) is in regular or special session, 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.

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Art. 146. ILLEGAL ASSEMBLIES

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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 purview 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.

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Art. 147. ILLEGAL ASSOCIATIONS

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The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 1,000 pesos 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.

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Art. 148. DIRECT ASSAULTS

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Any person or persons 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 1,000 pesos, 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 500 pesos shall be imposed.

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Art. 149. INDIRECT ASSAULTS

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The penalty of prision correccional in its minimum and medium periods and a fine not exceeding 500 pesos 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.

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Art. 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS

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The penalty of arresto mayor or a fine ranging from two hundred to one thousand pesos, or both such fine and imprisonment, shall be imposed upon any person who, having been duly summoned to attend as a witness before the National Assembly, 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 restrain another from attending as a witness, or who shall induce disobedience to a summons or refusal to be sworn by any such body or official.

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Art. 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON

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The penalty of arresto mayor and a fine not exceeding 500 pesos 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 10 to 100 pesos shall be imposed upon the offender.

*preceding articles: 148-150

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Art. 152. Persons in Authority and Agents of Persons in Authority —Who shall be deemed as such.

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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 government corporation, board, or commission, shall be deemed a person in authority. A barangay captain and a barangay chairman shall also be deemed a person in authority.

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, 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.

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Art. 153. Tumults and other disturbances of public order — Tumultuous disturbance or interruption liable to cause disturbance

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The penalty of arresto mayor in its medium period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos 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 menor and a fine not to exceed 200 pesos shall be imposed upon those 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.

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Art. 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCE

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Art. 155. ALARMS AND SCANDALS

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Art. 156. DELIVERING PRISONERS FROM JAIL

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Art. 157. EVASION OF SERVICE OF SENTENCE

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Art. 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS,CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES

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Art. 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE

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Art. 160. COMMISSION OF ANOTHER CRIMES DURING SERVICE OF PENALTY IMPOSED FOR ANOTHERPREVIOUS OFFENSE – PENALTY

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Art. 161. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINEISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE

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Art. 162. USING FORGED SIGNATURE OR COUNTERFEIT SEAL OF STAMP

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Art. 163. MAKING AND IMPORTING AND UTTERING FALSE COINS

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Art. 164. MUTILATION OF COINS – IMPORTATION AND UTTERANCE OF MUTILATED COINS

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Art. 165. SELLING OF FALSE OR MUTILATED COINS, WITHOUT CONNIVANCE

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Art. 166. FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER;IMPORTING, AND UTTERING SUCH FALSE OR FORGED NOTES

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Art. 167. COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT PAYABLE TOBEARER

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Art. 168. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHERINSTRUMENTS OF CREDIT

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Art. 169. HOW FORGERY IS COMMITTED

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Art. 170. Falsification of legislative documents

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Art. 171. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICALMINISTER

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Art. 172. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS

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Art. 173. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, ANDUSE OF SAID FALSIFIED MESSAGES

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Art. 174. FALSE MEDICAL CERTIFICATES, CERTIFICATES OF MERIT SERVICES, ETC.

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Art. 175. USING FALSE CERTIFICATES

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Art. 176. MANUFACTURING AND POSSESSION OF INSTRUMENTS OF IMPLEMENTS FORFALSIFICATION

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Art. 177. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS

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Art. 178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME

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Art. 179. ILLEGAL USE OF UNIFORMS OR INSIGNIA

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Art. 180. FALSE TESTIMONY AGAINST A DEFENDANT

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Art. 181. FALSE TESTIMONY FAVOURABLE TO THE DEFENDANT

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Art. 182. FALSE TESTIMONY IN CIVIL CASES

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Art. 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMNAFFIRMATION

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Art. 184. OFFERING FALSE TESTIMONY IN EVIDENCE

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Art. 185. MACHINATIONS IN PUBLIC AUCTIONS

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Art. 186. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

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Art. 187. IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISEMADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS

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Art. 188. SUBSTITUTING AND ALTERING TRADEMARKS, TRADENAMES, OR SERVICE MARKS

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