“Acts of Lasciviousness”

CRIMINAL LAW 2: NOTES BY

Is giving a dirty sign to another person punishable?
ABENIO Yes. The Supreme Court ruled that it is a “Slander by Deed”.

*You may only have 5 maximum absences CRIMES AGAINST NATIONAL SECURITY:

*Remember that during recitations, there shall stricktly be NO: 1) *All crimes under Book II are felonies. Hence, they are not referred
Notes; 2) Books; 3) Cellphones to as an “offense” but as a “felony”.

*In case you will be absent, just provide a letter of absence and if CRIMES AGAINST THE LAW OF NATIONS:
sick, as medical certificate which shall be notarized if private and not
notarized if it is a public or government doctor. *There are 5:

*There shall be a break every two hours. Art. 118

*Please observe dress code: SMART CASSUAL Art. 119

*Tips on Examinations: Art. 120

1) Please write legibly Art. 122

2) Do NOT use abbreviations. *All of them are created in times of war. Except for espionage.

3) Observe Margin *The offense is more serious if it is committed in times of war.

Left: 1 inc *Any Filipinos who owes allegiance to the Republic

Right: ½ inc. * “Actual Assembly of Men”

*Tips on the books to buy: * “Giving the Enemy “Aid and Comfort”

1) Make sure that it is updated with all the amendments.
*Tips on recitations:
1) Know the meaning of every term, legal or Latin maxims included.
*”Temporary Allegiance” – residing PERMANENTLY in the Philippines
as granted by the Bureau of Immigration.
* to give “Aid and Comfort” – must be in furtherance or for the
success of the enemy country.

2) memorize all the provisions because, “Nobody became a lawyer * “Treason” – the most serious felony in RSVP.
without studying”.
- Not only committed within the Philippine Territory.

- may be committed by any nationality, Filipino or not. Say, those

JANUARY 19, 2018 who are a holder of “Permanent or Temporary Registration” or
“Alien Certificate of Registration”.
What are the crimes against national security?
- The degree of liability will depend upon his citizenship.
“Law on Terrorism”
ILLUSTRATION:
“The Human Security Act”
A, a Chinese Citizen, has “ACR” in the PHL, and at the same time has
1. Treason a business in MLY.
2. Terrorism
3. Conspiracy Can A commit treason in the PHL? Yes.
4. Espionage
What are the Elements of the Acts of ‘Adherence to the Enemy
What is “Slander by Deed”? Country”?

Uses violence a. To complete the crime, there must be the element of “AC”
 Mere giving of food or pag - patulog sa bahay is
“Unjust FIXATION”? not under this category.
  INSTEAD = Sedition + Murder
 Because they are treated as
What are the other offenses absorbed by treason? separate crimes.

Explain the procedural aspect of “Proof Beyond Reasonable Doubt * Conspiracy must be preceded by a formal contract/agreement.
in this instance?
* When is there CONSPIRACY? (Even if it is not accepted, it is already
Do they have the same avert acts? a felony)

*Remember that Conviction under this instance: * When is there Treason?

- the accused must confess his guilt in open court. *Art. 116

- there must be an actual trial. - “must not be a foreigner”

- the court must require the existence of the evidence. - “ there must be a personal knowledge”

What is “Allegiance”? - “felony committed by seditopn”?

- Obligation * When is there a commission by TREASON?

- Fidelity
- Obedience to the Republic

What Aggravating Circumstance is absorbed? ESPIONAGE – ART. 117

When is Treason committed? * committed by entering without authority /usurpation (relative to

the defense of the Philippines)
- At war with another country.
- Otherwise, there is no treason or it could be counted as a Ex: Taking of Photographs
disloyal act which is also punishable.
Other form of Espionage:
What is the Penalty for this offense?
* Ex: Public Officer – must be in possession of materials relative to
- Before: Death the defence of our country. Notwithstanding if the country is at war
- Now: Reclusion Perpetua without Parole (Not divisible, or not.
hence, there is no parol)
* Remember that economic espionage is punishable in America but
Cases: not in the Philippines.

- People vs. Jose P. Laurel Sr. * Disloyal acts committed by anyone who owns allegiance to the
- Exzequiel vs. Castillo Republic.

*Treason is just like “Rebellion” , it is also a “CONTINUING CRIME”. CRIMES AGAINST LAW OF NATIONS

*It absorbs every felony. Art. 118:

Defense: Duress or uncontrollable fear/they lawfully obeyed under a a. Inciting to war

de facto government. b. Inciting moves for reappraisals
 Aveda Massacre
 Flor Contemplacion

REBELLION vs. TREASON

- (R) To substitute the government; (T) to give aid to the VIOLATION OF NEUTRALITY
enemy government.
* How is this committed?
SEDITION vs. TREASON
ART. 120
- (S) political/personal ; (T)
- (S) cannot be complex with crimes against persons *Correspondence with an enemy country.
- ILLUSTRATION:
o NOT = Sedition x Murder
* It must be useful to the “Enemy Country”, then it shall be a
qualifying agrrevating circumstance.

ART 121

* Art. 1700 or the Anti-Subversion Law

HW:

Piracy

P.D. 532 (Section 1-20)