CRIMES under the RPC and Special Laws

Elements. Punishable acts. simplified

(Best read with SBC Law Memory Aid)

BOOK TWO REVISED PENAL CODE OF THE PHILIPPINES

+ atty. Salva Lecture Notes

Crime ONE
Elements/ acts punished

Modified
ELEMENTS

With
Circumstances
OTHER
I- inherent
Aaggravating
Crimes

Crime
TWO

Title

One
Crimes Against National Security and Laws of the Nations National Security
Offender: Filipino Citizen or Resident
Alien residing
Espionage
alien
here
Mere internal conflict/
causing

114: Treason

Treason
Treason
Sedition

No formal declaration of war

There is a war which the Philippines is involved.
disturbance in the country
Offender either:
1) levies war against the govt
2) adheres to the enemies by giving them aid AND
comfort
Committed during time of
Committed
war
Two
or morewhere:
1)
FC:
anywhere
persons
2) RA: in the Phil only

One only

115: Conspiracy to
Commit Treason
Come to an agreement to levy war against the govt
or to adhere to the enemies and to give them air or

Section
One:I-Treason
and
Absorbs
crimes
treachery,
abuse
committed in of superior
strength
evident
thereof
premeditation;
conspiracy/
Not in
proposal to
furtherance: commit
treason
furtherance
separate
amount of degree
of
aid, gravity of
separate distinct
acts
or reason
A- ignominy, cruelty,

Yung totoo! :D

Source:
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pahina. 1

comfort and decide to commit it.

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala
I will live my life to the fuNNiest. (BIARES, 2014).

CRIMES under the RPC and Special Laws

Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)

Crime ONE
Elements/
acts
Committed
during time
of punished

Modified
ELEMENTS

Crime
TWO

With
Circumstances
OTHER
I- inherent
A- aggravating
Crimes

war

116: Proposal to
Other person does not
Commit Treason
Offender:
citizen
of
the
Philippines;
AND
A person has decided to levy war against theaccept
govt or
NOT
A to the enemies by giving them aid or comfort
FOREIGNER
adhere
Treason already
Proposes its execution to other person/s
committed
117: Misprision
Treason
That he has knowledge of any conspiracy against the
govt
That the conspiracy is one to commit treason
That he conceals or does not disclose and make known
the same asap to the proper authority
Disloyalty
118: Espionage
Two ways of committing: during time of peace/ war
Not obtained
FIRST:
Offender ( citizen or foreigner) enters a warship; fort; Foreigner
a military; or naval establishment or reservation
That he has no authority
Purpose: to obtain information, plans, photo, other
data of a confidential nature relative to the defense
of the Philippines
SECOND
Offender is a public officer
That he has in his possession the articles, data, or
information obtain information confidential nature
relative to the defense of the Philippines BY REASON

Still Art 116

Treason

Section Two: Provoking War and

Espionage
Espionage

Source:
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pahina. 2

of his public office

OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala
I will live my life to the fuNNiest. (BIARES, 2014).

CRIMES under the RPC and Special Laws

Elements. Punishable acts. simplified
(Best read with SBC Law Memory Aid)

Crime ONE
Elements/ acts punished

Modified
ELEMENTS

Crime
TWO

With
Circumstances
OTHER
I- inherent
A- aggravating
Crimes

Beauty contestant of a Foreign

Espionage
country

Commonwealth Act No. 616

An
to Punish
Espionage
Offenses against
That
heAct
discloses
their
contents and
to a Other
representative
of
National
Security
a foreign nation
Commonwealth Act
Unlawfully obtaining or permitting to be obtained information affecting
616
national defense;
Unlawful
disclosing of information affecting
national
defense;
Disloyal acts or words
in punished
times of
Acts
peace;
Disloyal
acts
or
words
in
times of
1.
war;
Conspiracy
to
violate
preceding
2.
sections; and
Harboring
or concealing violators
3.
of law.
4.
5.
6.
Offender performs unlawful or
unauthorized
acts
That such
acts

Laws of the

Nations

118: inciting to war

or giving motives for
reprisals
a) provoke or give occasion for a war involving or
There
is a
war inthe
which
the Ph is
liable to
involve
Philippines
not
involved
regulation
b) expose Filipino citizens to reprisals on theirNo
persons
and property
During time of peace
119: Violation of
Neutrality
There is a regulation issued by a competent authority
(President or AFP chief of staff) for the purpose of

No Crime

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pahina. 3

enforcing neutrality
Offender violates such regulation
OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala
I will live my life to the fuNNiest. (BIARES, 2014).