Professional Documents
Culture Documents
Treason
Conspiracy and proposal to commit treason
Misprision for treason
Espionage
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When killings are charged as an overt act of treason, they cannot be regarded as (1) separate crime or (2)
complex crime as the deed and physical activity done to give aid or comfort may and often is in itself a criminal
offense. These become identified with the crime of treason and cannot be the subject of a separate punishment or
used in conjunction with treason to increase the penalty.
This does not preclude the punishment of murder or other common crimes as such, if the prosecution should elect
to prosecute the culprit specifically for these crimes.
Ways of proving treason:
1. Testimony of two witnesses, at least, to the same overt act
Same overt act: same act, place and moment of time- but it is not required that the testimonies be identical.
The two-witness rule is required because of the special nature of the crime; the accused must be afforded a
special protection not required in other cases so as to avoid a miscarriage of justice
2. Confession of the accused in open court- that is, before the judge while actually hearing the case. Extrajudicial
confession or confession made before the investigators is not sufficient to conflict a person of treason.
Aggravating circumstances
1. Cruelty- augmented
1. the wrong by causing
other wrong
2. Ignominy- only applies to crime against
chastity (special aggravating)
2.
- Moral circumstances which
adds3.
disgrace
c.
That his purpose is to obtain information, plans, photographs or other data of a confidential nature
relative
2. By disclosing to the representative of a foreign nation the contents of the articles, data or information which he
had in possession by reason of the public office he holds.
a. Offender is a public officer
b. He has in possession the articles, data or information, referred to paragraph no. 1 by reason of public
office
c. He discloses their contents to a representative of a foreign nation
SECTION 2: PROVOKING WAR AND DISLOYALTY
These includes:
1. Inciting to war or giving motives for reprisals
2. Violation of neutrality
3. Correspondence with hostile country
4. Flight to enemys country
Article 118. Inciting to war or giving motives for reprisals
Elements:
1. That the offender performs unlawful or unauthorized acts
2. That such acts provoke and give occasion for war involving or liable to involve the Philippines or expose Filipino
citizens to reprisals on their persons or property
The intention of the offender is immaterial and the crime is committed in time of peace.
Penalty of private individual: Prision mayor
Penalty of public officer or employee: Reclusion temporal
Article 119. Violation of neutrality
Elements:
1. There is a war in which the Philippines is NOT involved
2. There is a regulation issued by a competent authority for the purpose of enforcing neutrality
3. The offender violates such regulation
Neutrality: a nation or power which takes no part in a contest of arms going or between others is referred to as neutral.
Article 120. Correspondence with a hostile country
Elements:
1. That it is in time of war in which the Philippines is involved
2. That the offender makes correspondence with an enemy country of territory occupied by enemy troops
3. That the correspondence is eithera. Prohibited by the government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which might be useful to the enemy.
Correspondence: communication by means of letter; or it may refer to the letters which pass between those who have
friendly or business relations
Even if correspondence contains innocent matters, if it is prohibited, it is punishable. As for the second and third, it is not
necessary that the prohibition is provided for it is punishable.s
Circumstances which qualify the offense:
1. That the notice or information might be useful to the enemy
2. That the offender intended to aid the enemy (amounts to treason; penalty same)
Article 121. Flight to enemys country
Elements:
1. That there is a war in which the Philippines is involved
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Any person
SPECIAL LAWS
RA 6235 (Anti-hijacking Law)
Acts punishable:
1. Compel a change in the course or destination of an aircraft of the Philippine registry or to seize or usurp the
control thereof, while it is in flight.
2. Compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is
within the said territory.
3. Ship, load or carry in any passenger aircraft operating as public utility within the Philippine any explosive,
flammable, corrosive or poisonous substance or material.
Qualifying circumstnces:
1. Fired upon pilot, crew members, passengers
2. Exploded or attempted to explode any bomb or explosive to destroy the aircraft
3. Accompanied by MH5pht R
For 3rd act: any death or injury to persons or damage to property (RPC can still be applied)
in flight: all its external doors are closed following embarkation until any of such doors is opened for disembarkation.
RA 9372 (Human Security Act)
Sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand.
Principal: 40 years, with no parole
Conspiracy: 40 years
Accomplice: 17 years, 4 months- 20 years
Accessory: 10 years and 1 day-12years (Article 19 applies)
Applies to: (section 3)
Piracy, rebellion/ insurrection, coup d etat, murder, kidnaping and serious illegal detention, crimes involving destruction
Extraterrioriality:
1. Individual persons who commit any of the crimes within Philippines
2. Individual person who, although physically outside Philippines, conspire or plot to commit any ot the crimes inside
the Philippines
3. Individual persons who, although outside Philippines, commit any of such crimes in Philippine ship or airship
4. any embassy, consulate or diplomatic premise of Philippines
5. against Philippine citizens or persons of Filipino decent where citizenship or ethnicity was a factor in the
commission of a crime
6. . against the government
RA 9745 (Anti-torture act of 2009)
Torture: An act which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person information or confession furnishing him for an act he or a third
person is suspected of having committed intimidating or coercing
Act of Torture:
1. Physical: causes severe pain, exhaustion, disability, dysfunction
2. Mental/ Psychological: to affect or confuse the mind or undermine a persons dignity or morale
3. Other CID treatment or punishment which causes suffering, gross humiliation or devastation
Freedom from torture and other cruel inhuman and degrading treatment is an absolute right (Section 6).
No secret detention palces, solitary confinement, incommunication (Section 7)
Who are criminally liable:
1. As principals
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a.
b.
c.
d.
Torture shall not absorb or be absorbed by any other crime or felony committed as a consequence or as a means
in the conduct or commission thereof (section 15)
Persons who have committed any act of torture shall not benefit from any special amnesty or law or similar
measures that will have the effect of exempting them from any criminal proceedings and sanctions (section 16)
UNCLOS:
1. Territorial sea (12 miles)- sovereignty including over its resources
2. Contiguous zone (24 miles)- states may exercise the control necessary to prevent and punish infringement of
customs , fiscal, immigration or sanity laws and regulations occurred in its territory.
3. Exclusive economic zone (200 miles)- sovereign rights for the purposes of exploring and exploiting, conserving
and managing natural living or non-living resources of the waters
4. Continental shelves (200 miles)- exploring and exploiting mineral and other non-living resources
TITLE TWO: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Fundamental laws of the state- bill of rights
SECTION 1: ARBITRARY DETENTION AND EXPULSION
Classes of arbitrary detention:
1. Arbitrary detention by detaining a person without legal ground (Article 124)
2. Delay in the delivery of the detained persons to the proper judicial authorities (Article 125)
3. Delaying release (Article 126)
Article 124. Arbitrary detention
Elements:
1. That the offender is a public officer or employee
2. That he detains a person
3. That the detention is without legal grounds
Public officer: vested with authority to detain or order the detention of persons accused of a crime, but when they decide/
detain a person they have no legal grounds thereof.
If committed by a private individual or other public officers, the crime is illegal detention under Article 267 or 268.
But private individuals who conspired with public officers in detaining a person are guilty of AD.
Detention: the actual confinement of a person in an enclosure or in any manner detaining and depriving him of his liberty;
restraining on his person
Without legal grounds when:
1. When he has not committed any crime or at least. There is no reasonable ground for suspicion that he has
committed a crime.
2. When he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital.
Legal grounds for the detention of any person:
1. The commission of a crime
2. Violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital
Arrest without warrant is the usual cause of arbitrary detention: peace officer must have a warrant of arrest properly
issued by the court in order to justify the arrest. Unless:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit and offense;
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2. When an offense has just in fact been committed and he has probable cause to believe based on personal
knowledge of facts and circumstances that the person to be arrested has committed it; and
3. When the person to be arrested is a prisoner who has escaped from a final judgement or temporarily confined
while his case is pending, or has escaped while being transferred from one confinement to another.
In his presence- when the officer sees the offense being committed, although at a distance or hears the disturbance
created thereby and proceeds at once to the scene or when the offense is continuing or has not been consummated at
the time the arrest is made, the offense said to be committed in his presence.
Personal knowledge- based upon probable cause, which means an actual belief or reasonable ground of suspicion.
Probable cause- such facts and circumstances which could lead a reasonable discreet and prudent man to believe that an
offense has been committed and that the object sought in connection with the offense are in the place to be searched.
In arbitrary detention, the legality of the detention does not depend upon judicial and much less the judicial fact of
the crime, which at the time of the commission.
Can be committed through imprudence (punished under Article 365 in relation to 124) is not and cannot definitely
be determined for lack of necessary data and of jurisdiction, but upon the nature of the deed.
Article 125. Delay in the delivery of detained person to proper judicial authorities
Elements:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal ground
3. That he fails to deliver such person in the proper judicial authorities within:
a. 12 hours, if punishable by light penalties
b. 18 hours, if punishable by correctional penalties
c. 36 hours, if punishable by afflictive or capital penalties
The detention is legal in the beginning because the person detained was arrested under any circumstances
where arrest without warrant is authorized by law. The detention becomes illegal after certain period of time
because the OP is not delivered to the proper judicial authority.
Article 125 does not apply when the arrest is by virtue of a warrant of arrest; the person arrested can be detained
indefinitely until his case is decided by the court or he posts a bail for his temporary release.
Delivery- does not consist in a physical delivery, but in making an accusation in charge or filing of an information against
the person arrested with the corresponding court or judge, whereby the latter acquires jurisdiction to issue an order of
release or of confinement of the prisoner (Sayo vs Chief of Police in Manila)- robbery
Proper judicial authorities- courts of justice or judges of sala courts.
Rights of the person detained:
1. He shall be informed of the cause of his detention
2. He shall be allowed, upon his request, to communicate and confess at any time with his attorney or counsel
Detention under RA 9372 (Terrorism or conspiracy to commit terrorism)
Three (3) days from the moment the said charged or suspected person has been apprehended or arrested,
detained and taken into custody by said police or law enforcement personnel
Before detaining the person suspected of the crime of terrorism, the police or law enforcement personnel
concerned must preset him or her befre any judge at the latters residence or office nearest the place wher the
arrest tookplace at any time of the day or night.
Article 126. Delaying of release
1. By delaying the performance of a judicial or executive order for the release of the prisoner
2. By unduly delaying the service of notice of such order to said prisoner
3. By unduly delaying the proceedings upon any petition for the said liberation of such person
Elements:
1. That the offender is a public officer or employee
2. 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
3. That the offender without good reason delays:
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No just cause when it appears on the face of the affidavits through other evidence, that the applicant had every
reason to believe that the search warrant sought for was unjustified.
Public officers may also be liable for perjury if they made a willful and deliberate assertion of falsehood in the
affidavits filed.
Elements:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or use uneccessary severity in executing the same.
Exception: possession of contraband articles, like firearms without license, is a flagrant violation of the law and can be
seized without a writ.
Article 130: Searching domicile without witnesses
Elements:
1. That the offender is a public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches domicle, papers or other belongings of any person
4. That the owner or any member of his family or two witnesses residing in the same locality are not present
Article 131: Prohibition, interruption and dissolution of peaceful meetings
Acts punished:
1. By prohibiting or by interrupting without legal ground, the holding of a peaceful meeting, or by dissolving the same
2. By hindering any person from joining any lawful association or from attending any of its meetings
3. By prohibiting or hindering any person from addressing either alone or together with others, any petition to the
authorities for the correction or abuses or redress of grievances.
Elements common:
1. Offender is a public officer or employee
2. He performs any of the acts mentioned
If private individual: disturbance of public order (Article 153)
SECTION 4: CRIMES AGAINST RELIGIOUS WORSHIP
1. Interruption of religious worship (Article 132)
2. Offending the religious feelings (Article 133)
Article 132: Interruption of religious worship
Elements:
1. The offender is a public officer or employee
2. That religious ceremonies or manifestations of any religion are about to take place or are going on
3. That the offender prevents or disturbs the same
Circumstances qualifying the offense:
1. If the crime is committed with violence or threat
Article 133: Offending the religious feelings
Elements:
1. That the acts complained of were performed:
a. In a place devoted to religious worship OR
b. During the celebration of any religious ceremony
2. That the acts must be notoriously offensive to the feelings of the faithful
Religious ceremonies: those religious acts performed outside of a church, such as processions and special prayers for
burying the dead
As for the second element: the acts must be directed against religious practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration.
There must be a deliberate intent to hurt the feelings of the faithful.
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3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners, or other
representatives tending to the same end
Rebellion, inciting to
Rebellion, proposal to commit
Not required that the offender has decided to
Person who proposes has decided to commit
commit it
rebellion
The act of inciting is done publicly
Uses secret means
*in both crimes, the offender induces another to commit rebellion
Rebellion should not be actually committed by the persons to whom it is proposed or who are incited. If they commit the
rebellion because of the proposal or the inciting, the proponent or the one inciting becomes a principal by inducement
provided that the requisites of paragraph 2 of Article 17 are present.
Article 139: Sedition
Elements:
1. That the offenders rise publicly and tumultuously (at least three armed person)
2. That they employ force, intimidation, or other means outside of legal methods
3. That the offenders employ any of those means to attain any of the following objects:
a. To prevent the promulgation or execution of any law or the holding of any popular election
b. 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
c. To inflict any act of hate or revenge upon the person or property of any public officer or employee
d. To commit, for any political or social end, any act of hate or revenge against private persons or any social
class
e. To despoil for any political or social end, any person, municipality or province, or the national government
of all its property or any port thereof.
Nature: Sedition is the raising of commotions or disturbances in the state. The ultimate object of sedition is a violation of
the public peace or at least a courge of measures as evidently engenders it.
Sedition
Rebellion
It is sufficient that the public uprising is tumultuous There must be taking up of arms against the
government
Purpose may be social or political.
Always political
*if the purpose of the uprising is not exactly
against the government and not for the purpose of
doing things defined in Article 139
Tumultuous: if caused by more than three persons who are armed or provided with means of violence
Public uprising and an object of sedition must concur
Article 140: Persons liable for sedition
1. Leader
2. Other persons participating
Article 141: Conspiracy to commit sedition
- no proposal to commit sedition
- an agreement and a decision to attain an object of sedition without any agreement to rise publicly and
tumultuously is not conspiracy to commit sedition-> constitute conspiracy to commit direct assult, which is not a
felony
Article 142: Inciting to sedition
Different acts of inciting to sedition:
1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches,
proclamation, writing, emblems, etc.
2. Uttering seditious words or speeches which tend to disturb public peace
3. Writing, publishing, or circulating, scurrilous libels against the government or any of the duly constituted
authorities thereof. Which tend to disturb the public peace.
Elements:
1. That the offender does not take direct part in the crime of sedition
2. That he incites others to the accomplishment of any acts which constitute sedition
3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners or other
representations tending to the same end.
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It is not necessary, in order to be seditious, that the words used should in fact result in a rising of the people against
the constituted authority. The law is not aimed merely at actual disturbance, as its purpose is also to punish utterances
which may endanger public order
Uttering seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable, when:
1. They tend to disturb or obstruct any lawful officer in executing the functions of his office
2. They tend to instigate others to cabal and meet together for unlawful purposes
3. They suggest or incite rebellious conspiracies or riots
4. Lead or tend to stir up the people against the lawful authorities or to disturb the peace of community, the safety
and order of the government.
Two rules relative to seditious words
a. Clear and present danger rule: the words must be if such nature that by uttering them, there is a danger of a
public uprising and that such danger should be born clear and imminent
It is required that there must be reasonable ground to believe that the danger apprehended is imminent and that
the evil to be prevented is a serious one
Present time element: very likely inevitable.
b. Dangerous tendency rule: if the words used tend to create a danger of public uprising, then those words could
properly be the subject of a penal clause; could easily produce disaffection among the people and a state of
feeling in then incompatible with a disposition to remain loyal to the government and obedient to the laws.
P.D. 90: Unlawful rumor- mongering and spreading false information
Prision correctional
Someone who knowingly conceals such evil practice is also punished as a principal under Article 142, not merely as
an accessory after the fact.
Unlawful rumor-mongering: committed by any person who shall offer, publish, distribute, circulate and spread false
news and information and gossip, or cause the publication, distribution, circulation or spreading of the same which
cause or tend to cause panic, divisive effects among the people, discredit of or distrust for the duly constituted
authorities, undermine the stability of the government and the objectives of the new society, endanger the public order
or cause damage to the interest with credit of the state.
CHAPTER 2: CRIMES AGAINST POPULAR REPRESENTATION
SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES
1. Acts tending to prevent the meeting of the national assembly and similar bodies
2. Disturbance of proceedings
3. Violation on parliamentary immunity
Article 143: Acts tending to prevent the meeting of the national assembly and similar bodies
Elements:
1. That there be a projected or actual meeting of the national assembly or any of its members, constitutional
committees or divisions. Thereof, or of any provincial board city or municipal council or board
2. That the offender who may be any person prevents such meeting by force or fraud
Article 144: Disturbance of proceedings
Elements:
1. Same for Article 143
2. That the offender does any of the following acts:
a. He disturbs any of such meetings
b. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to
impail the respect due it.
One who disturbs the proceedings of the national assembly may also be punished for contempt by the assembly. The
implied power to punish for contempt of the national assembly is coercive in nature. The power to punish crimes is
punitive in character.
Article 145: Violation of parliamentary immunity
1. By using force, intimidation, threats, or frauds to prevent any member of the National Assembly from (a) attending
the meetings of the assembly or of any of its committees or subcommittees, constitutional commissions or
committees or divisions or from (b) expressing his opinions (c) casting his vote.
Elements:
1. That the offender uses force, intimidation, threats, or fraud
2. That the purpose of the offender is to prevent any member of the national assembly from
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Persons liable: founders, directors and president of the association; mere members
Illegal Association
Illegal Assembly
Not necessary
Actual meeting or assembly
Act of forming or organizing and membership in
It is the meeting and attendance at such meeting
the associaiotn that is punished
that are punished
Founders, directors, president, members
Organizers, leader, persons present at the
meeting
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d. Offender knows that the one he is assaulting is a person in authority or APA in exercise of his duties
e. There is no public uprising
When considered as NOT in the actual performance of official duties: when PA/APA exceeds his power or without
authority. Unnecessary use of force or violence, or descended to matters which are private in nature.
Two kinds of direct assault in the second form:
1. Simple assault
2. Qualified assault: committed with a weapon, offender is a public officer/ employee. Offender lays hands upon
person in authority
-Knowledge of the accused that the victim is PA/APA is essential
-Evidence of motive of the offender is important when the person authority or his agent who is attacked or seriously
intimidated is not in the actual performance of his official duty.
-Even when PA/APA agrees to fight, an attack made by accused constitutes direct assault, except when the attack is
made in lawful defense, the character of a person in authority/ APA is attached to him until he ceases to be in office.
IF PA/APA is killed- complex crime of direct assault with homicide/ murder.
IF PA/APA suffers serious or less serious physical injuries- complex crime of direct assault with SLSPI
IF slight physical injuries is committed against APA: absorbed; if against PA: separate offense
-NOT committed when PA/APA is suspended or under suspension; not committed during rebellion/ sedition
-If accused was also acting in the performance of his official duties- may be coercion/ physical injuries.
Article 149: Indirect Assault
Elements:
a. That an APA is the victim of any of the forms of direct assault defined in Article 148
b. That a person comes to the aid of the APA- OP may be a private person
c. That the offender makes use of force or intimidation upon such persons coming to the aid of the APA
Because of the amendment of RA 1978, a private individual coming to the aid of PA is himself deemed on APA. Thus:
1. If the victim is a PA who is the subject of a direct assault and the third person coming to aid (who becomes APA)
is likewise attacked, the crime committed against third person will be direct assault, resistance or disobedience
depending on the degree of force/ violence
2. If the victim is an APA, it depend:
a. If direct assault against APA- indirect assault
b. If only resistance or disobedience against APA- physical injuries/ coercion
Article 150: Disobedience to summons
Issued by the national assembly, its committees or subcommittees, by the constitutional.
Punishable acts:
1. Refusing, without legal excuse, to obey summons of congress, or any commission or committee chairman
authorize to summon witness
2. Refusing to be sworn or placed under affirmation while before such legislative or constitutional body or official
3. 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
4. Restraining another from attending as a witness in such legislative or constitutional body
5. Inducing disobedience to summon or refusal to be sworn by any such body or official
Article 151: Resistance and disobedience to a person in authority or the agent of such person
Elements of resistance and serious disobedience
a. That the PA/APA is engaged in the performance of official duty or gives a lawful order to the offender
b. That the offender resists or seriously disobeys such person in authority or his agent
c. That the act of the offender is not included in the provisions of article 148-150
Elements of simple disobedience
a. That an APA is engaged in the performance of official duty or gives a lawful order to the offender
b. That the offender disobeys such APA
c. That such disobedience is not of a serious nature
The disobedience contemplated consists in the failure or refusal to obey a direct order from the PA/ APA
-Word seriously is not used to describe resistance because the crime would amount to direct assault
Direct Assault (148)
Resistance (151)
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