You are on page 1of 3

TITLE I: CRIMES AGAINST NATIONAL SECURITY AND LAW OF NATIONS TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAW

II: CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE

SECTION 1: TREASON AND ESPIONAGE (4) SECTION ONE: ARBITRARY DETENTION AND EXPULSION (4)

TREASON A-W-O-L-A ARBITRARY DETENTION P-(V-A-D)-D-D-P


1. Allegiance 1. Public Officer with Vested Authority to Detain
2. War 2. Detains a person *confinement or restraint
3. Offender: 3. Detention without Legal Grounds
- Levy war I-C-A-T *includes psychological restraint detained against the will fear paralyzes
*Arbitrary detention PO with VA
Intent to Overthrow *Illegal Detention PO w/o VA and PI (offender detains the person)
Collaborate with foreign country *Unlawful Arrest Any person without authority or reasonable ground to deliver the person to the proper
Actual Assemblage authority (offender arrests the person does not detain because he will deliver)
Treasonable design by force
- Adhere A-C-E DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL
Aid or Comfort as an Enemy AUTHORITIES P-(V-A-D)-L-D
* Adherence to the enemy, in the sense of disloyal state of mindnature of act and circumstances 1. Public Officer with Vested Authority to Detain
2. Detain with Legal Ground *no warrant
CONSPIRACY AND PROPOSAL TO COMMIT TREASON C-A-C-P-D-P 3. Fails to Deliver
1. CONSPIRACY C-A-C a. 12hrs light penalties (AMe, PC)
b. 18hrs correctional penalties (PC, AMa, Sus, Dest)
Agree c. 36hrs afflictive penalties (RP, RT, PTAD, PTSD, PMa)
Commit d. 3days Terrorism
2. PROPOSAL P-D-P
Decided DELAYING RELEASE P-J-D-(S-P-P)
Propose 1. Public Officer with Vested Authority to Detain/Release
2. Judicial or Executive Order for release of there is a Proceeding upon a
MISPRISION OF TREASON C-K-C-C petition for liberation
1. Citizen of the Philippines 3. Without good reason Delays *can be malicious or through negligence
2. Knowledge of Conspiracy a. Service of Notice
3. Conspiracy to Commit Treason b. Performance of such order to Release
4. Conceals c. Proceedings upon a petition for release
* without being a foreigner
EXPULSION P-E-N
ESPIONAGE E-P-A-P | D-P-P-D 1. Public Officer
1. Enter 2. Expels any person from the PH or Compels to change residence;
a. Places 3. Not Authorized to do so by law
b. No Authority *change of residence expropriation, ejectment, condition for probation/parole, TPO/PPO, destierro
c. Purpose to obtain information (intent) confidential; national
defense SECTION TWO: VIOLATION OF DOMICILE (3)
2. Disclose
a. Public Officer VIOLATION OF DOMICILE P-A-A-E-S-R
b. Possession 1. Public Officer
c. Discloses to a Representative of a Foreign Nation 2. Not Authorized by judicial order *not armed with warrant
3. Acts
SECTION 2: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR (4) a. Enter any dwelling Against the will *opposition, prohibition,
objection will is not absence of consent
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS U-P-E b. Search papers and other effects Without previous consent
*silenceimplied waiver
1. Unlawful and Unauthorized Acts c. Refuse to leave *(1) refuse to leave (2) surreptitiously/ secretly entered
2. Acts *Qualified nighttime, paper and effects, not constituting evidence, not returned immediately
a. Provoke war involving or to involve PH *Offender private individual or PO w/o VA trespass to dwelling
b. Expose citizens to reprisals of persons and property
*time of peace; mere imprudence SEARCH WARRANT IS MALICIOUSLY OBTAINED AND ABUSE OF SERVICE
OF THOSE LEGALLY OBTAINED
VIOLATION OF NEUTRALITY W-I-V 1. First Mode: Public Officer Procures a search Warrant without Just Cause
1. War PH not involved 2. Second Mode: Public Officer Legally procured search Warrant but
2. Issuance of Regulation enforcing neutrality Exceeds his authority or uses Unnecessary Severity in Executing the
3. Offender Violates same

CORRESPONDENCE WITH HOSTILE COUNTRY W-M-C-P-C3-U SEARCHING DOMICILE WITHOUT WITNESS (P-A-S-O)
1. War PH involved 1. Public Officer
2. Makes correspondence 2. Armed with Search Warrant legally procured
3. Correspondence 3. Searches the domicile, paper or other belongings of any person *in the
a. Prohibited by the Government dwelling
b. Carried by Ciphers or Conventional signs 4. Owner or any member of his family or two witnesses residing in the same
c. Contains information that might be Useful to the enemy locality are not present. *legal age and same barangay
*intent to aid and adherence treason
*qualifying intent to aid and useful to aid enemy
SECTION THREE: PROHIBITION, INTERRUPRION AND DISSOLUTION OF
PEACEFUL MEETINGS (1)
FLIGHT TO ENEMY COUNTRY W-A-A-G
1. War PH not involved PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS
2. Offender owes Allegiance to PH 1. Prohibit, Hinder, Dissolve without legal ground the Holding of a peaceful
3. Attempts to flee or go to the enemy country
meeting
4. Going to the enemy country is prohibited by competent authority 2. Hinder any person from Joining any lawful association of Attending any
of its meetings
SECTION 3: PIRACY AND MUTINY ON THE HIGH SEAS (2) 3. Prohibiting or Hindering any person from Addressing any petition to the
authorities for the correction of abuses of redress of grievances
PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE *must be a stranger; if participantunjust vexation; if Priv Indvtumultuous disturbance
WATERS V-C-A-S
1. Vessel is on the high seas or in PH waters SECTION FOUR: CRIMES AGAINTS RELIGIOUS WORSHIP (2)
2. Not members of its Complement or passengers of the vessel (strangers)
3. Attack or seize the vessel INTERRUPTION OF RELIGIOUS WORSHIP P-R-P-D
4. Seize the vessel whole or part of cargo + equipment + personal 1. Public Officer or employee
belonging of complement or passengers 2. Religious ceremonies or manifestations about to or are going on
3. Offender Prevents or Disturbs the same
QUALIFIED PIRACY B-F-A-C-M-H-P-R *Qualified by violence and threats *actual ceremony if meeting or rally, preceding article
1. Seized by Boarding or Firing the same
2. Abandoned their victims without saving OFFENDING RELIGIOUS FEELINGS *offender is any person
3. Crime is accompanied by Murder, Homicide, Physical Injuries, Rape 1. Performed P-P-D-A-O-F-F
*Piracy strangers to the vessel intent to gain a. Place devoted to religious worship *not necessary that there is a
*Mutiny crew members or passengersignore officers or commit plunder religious ceremony going on
b. During the celebration of any religious ceremony
2. Acts Notoriously Offensive to the Feelings of the Faithful *against religious
practice, dogma or ritual (belief); it must be abusive, insulting and obnoxiousdeliberate
intent
TITLE III: CRIME AGAINST PUBLIC ORDER CHAPTER 2: CRIME AGAINST POPULAR REPRESENTATION (3)

CHAPTER 1: REBELLION COUP DETAT SEDTITION AND DISLOYALTY (10) ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND
SIMILAR BODIES
REBELLION or INSURRECTION P-A-R-D 1. Projected or Actual meeting of Congress
1. Public uprising 2. Any person Prevented such meeting through Force or Fraud
2. Taking up of Arms *force produces injury to the other
*fraud falsification
3. Purpose *physical injuries and falsification is complexed as a necessary means to commit crime
a. Removing from allegiance to said government or its laws
i. The territory of the PH, any part DISTURBANCE OF PROCEEDINGS C-O-D-B-I2
ii. Anybody of land, naval or armed forces 1. Meeting of Congress
b. Depriving wholly or partially any power or prerogative of the 2. Offender
i. Chief Executive a. Disturbs any meetings
ii. Congress b. He Behaves in such a way to Interrupt its proceedings of
*Rebellion complete overthrow and supersede the Government
*Insurrectionmovement to effect some mere minor change impair the respect due
*widespread and extraordinary fear and panic among the populace in order to coerce the government to
give in into an unlawful demand terrorism VIOLATION OF PARIAMENTARY IMMUNITY U-ACE-A
1. Using force, intimidation, threats and fraud to prevent any member from
COUP DETAT O-M-A-A a. Attending meetings
1. Offender b. Casting his vote
2. Means of a swift attack accompanied with violence, intimidations, threat, c. Expressing his opinion
strategy or stealth 2. Arresting or searching any member while in session except in cases
3. Attack against duly constituted Authorities of RP punishable under the ode by a penalty higher than prision mayor
4. Attack is to seize or diminish state power *intent or has the purpose to prevent not necessarily prevented

PENALTY AND PERSONS LIABILE FOR REBELLION OR INSURRECTION OR CHAPTER 3: ILLEGAL ASSEMBLIES AND ASSOCIATIONS (2)
COUP DETAT
1. Leaders ILLEGAL ASSEMBLIES
a. Promotes, Maintains and Heads Rebellion and Insurrection Any Meeting
b. Leads, Directs and Commands other to undertake Coup 1. Attended by Armed persons for the purpose of committing any crimes
Dtat under RPC
2. Participants 2. Audience, whether armed or not, is Incited to commit Rebellion,
a. Participates or EXecutes the commands of others in Insurrection, Sedition or Assault upon any PA/APA
Rebellion and Insurrection, Coup Detat *organizers or leaders and persons merely present are liable
b. Not in the government office Participates, Supports,
Finances, Abets or Aids coup dtat ILLEGAL ASSOCIATION
Any Association totally or partially organized for Purpose
CONSPIRACY AND PROPOSAL TO COMMIT REBELLION, INSURRECTION OR 1. Any crimes punishable under RPC
COUP DETAT 2. Contrary to Public Morals
*NOTE: An association of terrorists is not an illegal association defined under the RPC.
1. CONSPIRACY C-A-C
Agree CHAPTER 4: ASSAULT UPON, AND RESISTANCE AND DIOBEDIENCE TO
Commit PERSONS IN AUTHORITY AND THEIR AGENTS (5) *(4-1)
2. PROPOSAL P-D-P
Decided DIRECT ASSAULT
Propose 1. REBELLION BY A HANDFUL F-A-N
a. Force or Intimidation
DISLOYALTY OR PUBLIC OFFICERS OR EMPLOYEES b. The aim of the offender is to Attain any purposes of the crime
1. Failure to resist a rebellion by all means of his power of Rebellion *remove from allegiance or deprive power/prerogative
2. Continue to discharge the duties of office under the control of rebels c. No public uprising
3. Accepting appointment to office under rebels 2. DIRECT ASSAULT
a. Offender
INCITING TO REBELLION OR INSURRECTION i. Attack
1. Does not take up arms or not in open hostility with the government ii. Employs Force *immaterial if PA if APAserious
2. Incites other to commit rebellion or insurrection iii. Serious Intimidation*immediate effect not some future evil
3. Means of speeches, proclamations, banners, or the like iv. Serious Resistance *active, grave
*rebellion not committed if rebellion committed principal by inducement
*acts or words must be premeditated if spontaneous tumultuous disturbance outcry of inciting b. Any Person of Authority or APA
rebellion c. While Engaged in the performance of his duties or by reason
thereof
SEDITION d. No public uprising
1. Rise publicly and tumultuously *Qualified (1) weapon, (2) offender is POE, (3) Lay hands
2. Employ force, intimidation or means outside legal methods
3. Means to prevent INDIRECT ASSAULT V-A-F-I
a. Promulgation or execution of law or holding of popular 1. APA Victim of DA
election 2. Person comes to Aid victim
b. Promulgation of administrative order and prevent the 3. Offender makes Use of Force or Intimidation upon such person
government from exercising its functions
c. Inflict hate or revenge in the person or property of public DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS SU-S-A-W-I
officer or employee 1. Refuse to obey SUmmons without legal excuse
d. Inflict hate or revenge, with social and political ends, in the 2. Refuse to be Sworn or placed under affirmation
person or property of private person or social class 3. Refuse to Answer any legal inquiry
e. Despoil the property any part thereof of the Government 4. Restrain another from attending as a Witness
*public uprising and an object of sedition must concur 5. Induce another to disobey summons or be sworn or placed under
*common crimes not absorbed but use of license firearms is
affirmation
PENALTY/ LIABLE FOR SEDITION
RESISTANCE AND DISOBEDIENCE
1. Leader
1. RESISTANCE AND SERIOUS DISOBEDIENCE
2. Participants a. That the PA/APA is Engaged in the Performance of official
duty or gives lawful Order
CONSPIRACY TO SEDITION b. Resist or Seriously Disobeys
1. CONSPIRACY C-A-C
c. Act of the offender not included in 148-150 *DA, IA, Disobedience
Agree to Summons
Commit 2. SIMPLE DISOBEDIENCE
a. That the APA is Engaged in the Performance of official duty
INCITING TO SEDITION I-S-L-E or gives lawful Order
1. Incites others to commit sedition by means of speeches, proclamations, b. Disobeys such APA
emblems c. Disobedience NOT serious
2. Uttering Seditious words or speeches that tend to disturb public peace *knowledge that that the person offended is a PA/APA
3. Writing, Publishing or circulating scurrilous Libel against the Government *PO Any person who takes part in the performance of public functions in the government
*PA Any person directly vested with jurisdiction, to execute or enforce laws (e.g. barangay chairman, members
4. Concealing any such Evil practice of Lupong Tagapagkasundo, teachers, lawyers and heads of schools, President of Sanitary Division)
*APA Any person who, by direct provision of law, election or appointment by competent authority, is charged with
maintenance of public order and the protection and security of life and property (e.g. barrio vice-lieutenant, barrio
councilman & barrio policeman, and any person who comes to the aid of PA)
CHAPTER 5: PUBLIC DISORDERS (4)

TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER S-I-O-B-E


1. Causing any Serious disturbance in Public Place, office or establishment
2. Interrupting or disturbing public performances, function or gathering if not
included in 131-132
3. Making an Outcry tending to incite rebellion or sedition in any meeting,
association or public place *outcry must be spontaneous, otherwise inciting to sedition
4. Displaying placards or Emblems which provoke public order in such place
5. Burying with pomp the body of a person who has been legally executed
*can be complexed with DA if directed against PA/APA
*Tumultuous when at least 4 persons are armed, or with other means of violence.

UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL


UTTERANCES F-E-M-BEAR
1. Publishing or causing 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;
2. Encouraging disobedience to law or authorities by praising, justifying or
extolling any act punished by law, by the same means, or by words,
utterances or speeches;
3. Maliciously publishing or causing to be published any official resolution or
document without authority, or before they have been published officially;
or
4. Printing, publishing or distributing, or causing the same, books, etc.,
which do not BEAR the real authors name, or classified as anonymous.

ALARMS AND SCANDALS


1. Discharging firearm, firecracker, or other explosive within any town or
public place, which produces alarm or danger. *Not directed at a person;
2. Instigating or taking active part in Charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility;
3. Disturbing public peace while Wandering about at night or while engaged
in any other nocturnal amusements; or
4. Causing disturbance or scandal in public places while Intoxicated, or
otherwise, provided Art. 153 is not applicable.
*Charivari mock serenade where the offender actually disturbs the peace by using cans, pans, utensils,
*If directed at a person, but the person is not hit, no intent to kill, crime is illegal discharge of firearm.
*If person was hit, no intent to kill, crime is physical injuries.
*If aimed at person, but not discharged, threat may have been committed.

DELIVERY OF PRISONERS FROM JAIL


1. That there is a person Confined in a jail or penal establishment
2. That the offender Removes therefrom such person or helps the Escape
of such personfurnishing material means to facilitate escape
*offender must not be custodian otherwise infidelity in the custody of prisoners

CHAPTER 6: EVASION OF SERVICE OF SENTENCE (3)

EVASION OF SERVICE OF SENTENCE


1. Offender is a Convict by final judgment
2. Serving his sentence, which consists of deprivation of liberty
3. Evades the service of his sentence by escaping during the term of his
sentence
*Qualified (1) unlawful entry; scaling, (2) breaking of doors, windows, gates, walls, roofs or floors (3)
picklocks, false keys, disguise, deceit, violence or intimidation or (4) connivance with other convicts or
employees of the penal institution
*detainees, minor delinquents, deportees cannot commit this
*if detention prisoner escapes not qualified for ISL, with strict penalty

EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS


1. Convict by final judgment
2. Disorder M-E-E-C-S Mutiny, Earthquake, Explosion, Conflagration,
Similar Catastrophe
3. Leaves the penal institution where he is confined on the occasion of such
disorder
4. Fails to give himself up within 48hrs following the issuance of
proclamation by CE announcing the passing away of such calamity

Leaving without returning within 48hrs following the 1/5 addition to remaining sentence but not more than
issuance of a proclamation 6 mos. (1/5 x balance of the sentence to be served)
Prisoner chose to stay in the place of his RA10592: A deduction of 2/5 of the period of his
confinement notwithstanding the existence of a sentence (original)
calamity or catastrophe
Leaving and returning within time prescribed 1/5 deduction from sentence (1/5 x original
sentence)

EVASION OF SENTENCE (CONDITIONAL PARDON)


1. Convict
2. Granted conditional pardon by CE
3. Violated any conditions of such pardon
*penalty higher than 6 years convict shall suffer the unexpired portion of his original sentence

CHAPTER 7: COMMISION OF ANOTHER CRIME DURING SERVICE OF


PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (1)

QUASI-RECIDIVISM *special aggravating circumstance offset: special privileged mitigating (minority)


1. Convict by final judgment
2. New felony before beginning to serve such sentence or while serving the
same
*Second crimes must belong to the RPC, not special laws. First crime may be either from the RPC or special
lawsIf new felony is evasion of sentence offender is not a quasi-recidivist
*A quasi-recidivist can be pardoned: (1) At the age of 70, if he shall have already served out his original
sentence (and not a habitual delinquent); (2) When he shall have completed it after reaching the said age,
unless by reason of his conduct or other circumstances, he shall not be worthy of such clemency

You might also like