ARTICLE CRIME ELEMENTS PENALTY

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Crimes against national security
Section 1 – Treason and Espionage
1. Filipino or alien residing in PH
RP to death
2. War involving PH FILIPINO
P100,000
114 Treason 3. Offender either –
a. Levies war against gov’t RT to death
b. Adheres to enemies, giving aid or comfort ALIEN
P100,000
Two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them
Conspiracy and CONSPIRACY CONSPIRACY PM; P10,000
aid or comfort and decide to commit it in the time of war
115 proposal to
Person who has decided to levy war against he government or to adhere to the enemies and to give them aid or comfort,
commit treason PROPOSAL PROPOSAL PC; P5,000
proposes its execution to some other person or persons in the time of war
AS ACCESSORY TO TREASON:
1. Offender owing allegiance to Government (not a foreigner) Two degrees lower than Art 114
Misprision of
116 2. Has knowledge of any conspiracy (to commit treason) against government FILIPINO PM
treason
3. Conceals or does not disclose and make known the same to governor, mayor or fiscal (provincial or city) in which he resides
ALIEN PC (max) to PM (med)
Entering, without authority, a warship, fort or naval or military a.
Offender enters any of places mentioned
establishment or reservation to obtain information, plans, b.
He has no authority
PRIVATE PC
photographs or other data of confidential nature relative to c.
Purpose is to obtain information, plans, photos or other data of confidential
defense of PH nature relative to defense of PH
117 Espionage
a. Public officer
Disclosing to representative of a foreign nation the contents
b. Has in his possession the articles, data or information by reason of public
of articles, data or information which he had in possession by PUBLIC OFFICER PM
office he holds
reason of public office
c. Discloses contents to representative of a foreign nation
Crimes against the law of nations
Section 2 – Provoking war and disloyalty in the case of war
Inciting to war or 1. Performs unlawful or unauthorized acts PUBLIC OFFICER RT
118 giving motives for 2. Such acts provoke or give occasion for a war involving or liable to involve PH or expose Filipinos to reprisals on their persons or
reprisals property PRIVATE INDIVIDUAL PM
1. There is war which PH is not involved
Violation of
119 2. Regulation issued by competent authority for purpose of enforcing neutrality PC
neutrality
3. Offender violates such regulation
1. Time of war in which PH is involved
2. Offender makes correspondence with an enemy country or territory occupied by enemy troops Prohibited by government PC
Correspondence 3. Correspondence is either –
120 with hostile a. Prohibited by government Carried on ciphers or
country b. Carried on in ciphers or conventional signs PM
conventional signs
c. Containing notice or information that might be useful to the enemy
*Qualifying circumstance: (1) useful to enemy & offender intended to aid enemy = TREASON Useful to enemy RT
1. There is war in which PH is involved
Flight to enemy’s 2. Offender must be owing allegiance to government
121 AM
country 3. Attempt to flee or go to enemy country
4. Going to enemy country is prohibited by competent authority
 Section 3 – Piracy and mutiny on the high seas or in Philippine waters
1. Vessel is on high seas or in PH waters
2. Offenders are not members of its complement or passengers of the vessel
Piracy in general PIRACY 3. The offenders –
and mutiny on the a. Attack or seize the vessel
122 RP
high seas or in b. Seize the whole or part of the cargo, equipment or personal belongings
PH waters 1. Vessel is on the high seas or in PH waters
MUTINY 2. Offenders are members of the complement or passengers of the vessel
3. The offenders intend to ignore ship’s officers or be prompted by a desire to commit plunder
Human Security Any person who commits piracy and mutiny under Art 122 thereby sowing and creating a condition of widespread and extraordinary fear and panic 40Y imprisonment without the benefit of
RA 9372
Act shall be guilty of terrorism parole
a. Seized the vessel by boarding or firing upon it
123 Qualified piracy b. Abandoned their victims without means of saving themselves RP to death
c. Accompanied by murder, homicide, physical injuries or rape
It shall be unlawful for any person to compel a change in the course or destination of an aircraft of PH registry, or to seize or usurp the control
thereof while it is in flight Imprisonment: 12Y – 20Y
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in PH territory or to seize or usurp the control Fine: P20, 000 – P40, 000
An Act Prohibiting thereof while it is within the said territory
Certain Acts Qualified by:
RA 6235 1. Fired upon the pilot, member of the crew or passenger of the aircraft Imprisonment: 15Y – DEATH
Inimical to Civil
Aviation 2. Exploded or attempted to explode any bomb or explosive to destroy the aircraft Fine: P25, 000 – P50, 000
3. Accompanied by murder, homicide, serious physical injuries or rape
To ship, load, or carry in any passenger aircraft operating as a public utility within the PH any explosive, flammable, corrosive or poisonous Imprisonment: 5Y – 10Y
substance or material Fine: P10, 000 – P20, 000



ARTICLE CRIME BILL OF RIGHTS ELEMENTS PENALTY
CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE
Section 1 – Arbitrary detention and expulsion
1. Offender is a public officer or employee > 3 days AM (max) to PC (min)
2. Detain a person 3 – 15 D PC (med & max)
3. Detention is without legal grounds –
124 Arbitrary detention
a. No reasonable ground for suspicion that he committed a crime
15D – 6M PM
b. Not suffering from violent insanity or any other ailment requiring
compulsory confinement > 6M RT
1. Offender is a public officer or employee
2. Detained a person for some legal ground
3. Fails to deliver person to proper judicial authority
Delay in the delivery of detained Sec 1 – deprivation of liberty without due a. 12H – light penalties
125 persons to the proper judicial process of the law b. 18H – correctional penalties
authority
c. 36H – afflictive or capital penalties
Any public officer or employee who shall obstruct, prohibit or otherwise prevent
AM
an attorney from visiting and conferring privately with a person arrested
1. Offender is a public officer or employee
2. There is judicial or executive order for release of prisoner
3. Offender without good reason delays –
126 Delaying release Same as Art 124
a. Delaying performance of a judicial or executive order for release of prisoner
b. Unduly delaying service of notice of order to prisoner
c. Unduly delaying proceedings upon any petition for liberation of such person
Fails to notify judge in writing after taking custody of a person charged with or suspected
RA 9372 Imprisonment: 10 Y 1 D to 12 Y
of the crime of terrorism or conspiracy to commit terrorism
Sec 6 – liberty of abode and changing
1. Offender is a public officer or employee
the same within the limits prescribed by
127 Expulsion 2. Expels any person from the PH or compels person to change his residence PC
law
3. Offender is not authorized to do so by law
Right to travel
Section 2 – Violation of domicile

Violation of domicile by entering
against the will of the owner or
128
making search without previous
consent of owner
Search warrants maliciously
129 obtained and abuse in the
service
Search domicile without
130
witnesses
PC (min)
1. Offender is a public officer or employee
2. Not authorized by judicial order to enter the dwelling and/or make search for Nighttime or if papers
papers or other effects and refusing to leave the premises after having or effects not
surreptitiously entered said dwelling and after having been required to leave the constituting evidence PC (med & max)
same of a crime not
Sec 2 – right of people to be secure in
their persons, houses, papers and returned immediately
effects against unreasonable searches 1. Offender is a public officer or employee
and seizures 2. Procures a search warrant
AM (max) to PC (min)
Issuance of search warrant and warrant 3. There is either –
P1, 000
of arrest with probable cause a. No just cause or exceeding his authority
b. By using severity in executing a search warrant
1. Offender is a public officer or employee
2. Armed with search warrant legally procured
3. Searches the domicile, papers or other belongings of any person AM (med and max)
4. Owner, or any member of his family, or two witnesses residing in the same
locality are not present
 Section 3 – Prohibition, interruption and dissolution of peaceful meetings
Sec 4 – freedom of speech, of
Prohibition, interruption, and
131 expression or of the press
dissolution of peaceful meetings
Right of people peaceably to assemble
132 Interruption of religious worship Sec 5 – no law made respecting an
establishment of religion or prohibiting
133 Offending the religious feelings free exercise thereof