BOOK II. CRIMES AND PENALTIES 1.
It must be in support of the enemy else it becomes sedition or
1. This defines the specific felonies, the manner by which they are committed,
their elements and their corresponding penalties.
2. The felonies are grouped into Titles depending upon the nature of the felonies,
the rights affected and the persons liable. There are 15 titles each subdivided
into chapters and the latter into articles.
3. Several felonies have either been repealed or amended by special laws.
TITLE ONE. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
NATIONS
1. Crimes against the law of nations are punishable anywhere being crimes
against the family of nations.
2. Crimes against national security include the so called ―war crimes‖ and those
committed both in times of war and in times of peace.
3. Rebellion is not a crime against national security although in scope, magnitude
and purpose, it poses a danger to the security of the existing political order.
Art. 114. TREASON
I. Concept: the act of turning one‘s back to one‘s country during war and siding
with the enemy. It is essentially a war crime. The Philippines must be involved in
a shooting war with a foreign country, not just a breaking off of diplomatic
relations. It may be a declared or undeclared war. The concept is of American
Origin.
II. Its essence is the breach of allegiance to the Philippine government. It is
disloyalty in times of war in favor of the enemy. Persons liable are Filipinos and
resident aliens provided they are not the nationals of the enemy country. The
resident aliens are expected to remain loyal in exchange for the protection of the
law and of the government given to them during their residency in the
Philippines. They are allowed to leave the Philippines back to their own country
or to go to a third country, otherwise they are interned.
III. As a political crime: it absorbs ordinary crimes which are used as aggravating
circumstances; it is continuing and transitory. It may be committed outside of the
Philippines.
IV. There are two modes of commission:
A). Fist Mode: By levying war against the Philippines
rebellion
2. It requires a number of people assembled who engage in actual
combat with the government, or at least assembled for purposes of
effecting a treasonable design.
B). Second Mode: By adherence to the enemy giving them aid or comfort.
1. Adherence is favoring the enemy emotionally or intellectually;
harboring feelings of sympathy. Giving aid or comfort is any act to
strengthen the enemy or to weaken the government‘s ability to fight the
enemy.
 E.g.: giving them food, shelter, ammunition; data or information,
intelligence or engaging in black propaganda against the
government.
2. The giving of aid or comfort must be to the enemy as an enemy and
not by reason of humanitarian considerations.
V. Proof of Guilt:
A. By the plea of guilt
B. The two-witness rule: on the testimony of two witnesses to the same over act.
This applies only to the second mode i.e. adherence to the enemy. The purpose
is to guard against fabricated testimony considering that emotions run high in
time of war, and because treason is the highest crime committed by a citizen,
and on account of the penalty therefore.
VI. Defenses Not Allowed:
A. Righteous action: collaboration saved lives of civilians and soldiers
B. Suspended Allegiance Due to Change of Sovereignty
Art. 115. Conspiracy and Proposal to Commit Treason
A. If treason is actually committed, the conspiracy and proposal are absorbed.
Art. 116. Misprision of Treason
A. This is a crime by omission or by silence, being an act of concealment of one‘s
knowledge about the existence of a conspiracy to commit treason. The essence
of the crime is the failure to report to the proper authorities about the existence of
a conspiracy to commit treason. This may be committed in peace time.
B. Only Filipinos are liable.
C. There is no liability if the conspirators actually commit treason since, by then,
the treason is known to the government.
D. The penalty is that of an accessory i.e. two degrees lower, but article 20 will
not be applied even if he is related to the principal in the crime of treason.
Art. 117. Espionage (Military)
I. Two Laws are involved:
A. Art. 117 which enumerates two acts by which espionage is committed
1. by the unauthorized entry into a warship, naval/military establishment
or reservation to obtain information or confidential data relative to the
defense of the Philippines
2. disclosure of such data by a public officer to the representative of a
foreign country
C.A. 616 enacted in 1941:
1. It expanded and broadened the acts of espionage to cover virtually
any act or means or modes of obtaining, disclosing to any person, any
data involving national defense or related to the security of the state.
2. It also punishes conspiracies to commit espionage
3.It punishes the act of harboring or concealing a spy with a penalty of
not more than 10years or a fine of no more than P10,000.00
4. It punishes the act of destroying or injuring war materials or national
defense materials (sabotage).
B. Offenders may be Filipinos or aliens and may be committed in war or in peace
time.
C. This is the first of several offenses which involve the unlawful disclosure of
secret or sensitive information or data which affects national security.
D. In the light of electronic gadgets, google earth, unmanned satellites and other
modern technology of obtaining information, the two laws on espionage needs
appropriate amendment.
E. The two laws refer more to military espionage rather than to diplomatic or
economic espionage.
Art. 118. Inciting to War and Giving Motives for Reprisals
A. This is committed only during peace time.
B. The essence is the commission of hostile or unlawful acts against the persons
or properties of the nationals of a foreign country which acts could provoke
hostilities or reprisals from the foreign country against the persons or properties
of Filipinos within that foreign country, or as reason for that foreign country to
declare war against the Philippines.
C. The hostile acts must be committed against the foreign nationals as foreign
nationals and not when they become the indiscriminate victims of ordinary
crimes.
D. Examples: flag-burning, confiscation of their properties; mass ejectment;
expulsion from school on account of their nationality or religion; destruction of the
military installation built by Vietnam or China on the disputed Spratley Islands.
Art. 119. Violation of Neutrality
A. Concept: The Philippines has adopted a policy of neutrality on the occasion of
a war between third countries. The accused violates rules and regulations issued
by the government to enforce neutrality.
B. Examples: secret sale of goods, food or war materials to a combatant state
which sale is forbidden by the government.
Art. 120. Correspondence with Hostile Country
A. Concept: The Philippines is at war with a country and the accused
corresponds with a person in the enemy country or territory occupied by the
enemy troops. The correspondence is in whatever form such as by mail, radio,
texting or by e-mail provided:
1. The correspondence is prohibited, even if the communication is
innocent
2. Or is in ciphers or conventional signs
3. If notice or information is given which might be useful to the enemy
such as providing news as to the morale of the troops, state of
preparedness of the Philippines; public support to the war. This by itself
is an act of treason if done intentionally.
Art. 121. Flight to Enemy Country
A. The flight must be prohibited. The purpose is immaterial. Mere attempt
constitutes the crime.
CRIMES AGAINST THE LAW OF NATIONS
CONCEPT AND SOURCES: These are acts or omissions which are considered
as crimes against all nations and not merely against a particular state or country.
Any country which first acquired jurisdiction over the person of the accused may
prosecute the offender under its own laws, or waive jurisdiction and turn over the
offender to another country, or to an international tribunal established to try these
crimes.
These crimes are found in several statutes:
(i). The Revised Penal Code defines and penalizes the traditional crimes which
are piracy and mutiny in the high seas
(ii). The Rome Statute of International Criminal Court
(iii). Special Penal Laws passed by Congress
Art. 122 Piracy and Mutiny in the High Seas.
I. PIRACY IN THE HIGH SEAS
1. This is essentially robbery or depredation committed on board a ship in the
high seas. Hence there must be the use and application of force, violence, threat,
or intimidation against persons.
2. The purpose of the pirates is gain and the object may either be the vessel itself
which includes military sea crafts; its cargo; the personal effects of the
passengers/crew; or all of these.
3. If the purpose is to hold the vessel, crew and passengers hostage for the
purpose of demanding ransom or political reasons, the act may be considered as
terrorism.
QUESTION: What about the act of members of the Green Peace Movement
boarding a Japanese Whaling ship to dramatize their protest against the
killing of whales? ANSWER: Since the purpose is not gain, their act cannot
be considered as piracy.
4. The term “high seas” refers to the waters beyond the territorial waters or
jurisdiction of any country. However piracy is a continuing offense and need not
be committed wholly in the high seas as the crime may commence in the
territorial waters of a foreign country and continue in the high seas, or start in the
high seas and end up in the territorial waters of a country.
5. Pirates are “Hostis Humanis Generis” and may therefore be tried anywhere
by any country under its own internal penal laws. The first country which captures
the pirates may try them to the exclusion of other countries.
6. The offenders are generally strangers to the vessels in that they do not belong
to the crew or are not legitimate passengers. Those posing as passengers/crew
are still pirates, including legitimate passengers/crew who conspire with pirates.
7. If the offenders are crew members/passengers, the crime is Robbery in the
High Seas or Mutiny, depending upon the purpose.
8. Qualified piracy:
a). whenever they have seized a vessel by boarding or firing upon the
same
b). whenever the pirates have abandoned their victims without means of
saving themselves
c). whenever the crime is accompanied by murder, homicide, physical
injuries or rape.
(i) these crimes are not separate offenses and neither can they
be complexed, they become qualified aggravating circumstance
(ii) the term murder or homicide should be understood to mean
that there was a killing
II. Mutiny In the High Seas
1. Concept: The raising of commotions, disturbances, or acts of disobedience to
the commands of the ship captain, which acts involve violence.
2. The purpose is not gain but it may be to voice displeasure, opposition,
disobedience to the policies, rules or regulations enforced by the captain. The
mutineers may however seize the ship in order to enforce their will or to have
their way, but the primary purpose is not gain. Example: the Mutiny on the
Bounty.
3. The offenders are either the crew themselves or the passengers. However,
where slaves managed to seize the ship and take control of it, the crime was
considered as mutiny as said slaves while being transported, were considered as
passengers.
4. Qualified by (i) when the offenders abandon the victims without means of
saving themselves or (ii) when it is accompanied by rape, murder, homicide or
physical injuries
The Rome Statute of the International Criminal Court
This treaty which was adopted in Rome in 1997 and became enforced in
2001,established the International Criminal Court. It created four international
crimes; (i) genocide (ii) Crimes against Humanity (iii) War Crimes and (iv) Crimes
of Aggression
I. Genocide: acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group, which includes the following:
a).killing members of the group, causing serious bodily injury or mental
harm
b). deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part
 c). imposing measures intended to prevent births within the group d).
forcibly transferring children of the group to another group
II. Crimes Against Humanity: offenses against human dignity or grave
humiliation or degradation of human being as part of either a government policy
or a wide practice of atrocities tolerated or condoned by a government or de facto
authority. Ordinary crimes such as murder, massacre, human experimentation,
extrajudicial punishments, military use of children, kidnapping, become crimes
against humanity if part of a widespread or systematic practice.
III. War Crimes. Serious violations of the laws and customs of war giving rise to
individual criminal responsibility, such as the Geneva conventions of August 12,
1949. These are serious violations of the laws and customs applicable in
international armed conflict, within the established framework of international law.
a). murder, maltreatment of POWS or civilian internees
b). killing of hostages
c). murder, maltreatment or deportation of civilian residents of an
occupied territory to slave labor camps
d). killing or punishing spies without a fair trial
e). wanton destruction of cities or towns not warranted by military
necessity
IV. Crimes of Aggression which involves:
(i) planning, preparation, initiation, execution, by a person in a position
effectively to exercise control over or direct the political or military action
of a state, if the act of aggression which, by its character, gravity and
scale, constitutes a manifest violation of the UN Charter and
(ii) use of armed force by a state against the sovereign territorial integrity
or political independence of another state, or in any manner inconsistent
with the UN Charter
a). invasion, military occupation, annexation, bombardment,
against the territory of another state
b). blockading of ports
c). military attacks
d). sending of mercenaries or allowing its territory as base for
mercenaries
Special Philippine Penal Laws which provide for extra territorial
application:
 R.A. 9372. AN ACT TO SECURE THE STATE AND PROTECT OUR
PEOPLE FROM TERRORISM
(THE HUMAN SECURITY ACT OF 2007)
I. It created the crime known as terrorism and declared it to be “a crime against
the Filipino people, against humanity, and against the law of nations”.
II. Defines the crime of terrorism to be the commission of “any of the crimes of :
(THE PREDICATE CRIMES)
A. Under the Revised Penal Code.
i. Piracy in general and Mutiny in the High Seas or in the Philippine
Waters
ii. rebellion
iii. Coup d‘etat
iv. Murder
v. Kidnapping and Serious Illegal Detention
B. Under Special Laws
i. Arson under P.D. 1613
ii. Violation of R.A. 6969 ( Toxic Substance and Nuclear Waste Control)
iii. R.A. 5207 ( Atomic Energy Regulatory and Liability Act of 1968)
iv. Hijacking
v. Piracy in Phil. Waters and Highway Robbery
vi. P.D. 1866 ( Possession and Manufacture of Firearms/explosives)
thereby 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”
III. Requirements for Terrorism
A. The accused (maybe a single individual or a group, Filipinos or foreign
nationals) must commit any of the enumerated crimes referred to as the
PREDICATE CRIMES
B. There results a condition of widespread and extraordinary fear and panic
among the populace
i. The extent and degree of fear and panic, including the number of
people affected in order to meet the term “populace”, are questions of
facts to be determined by the courts and on a case to case basis.
ii. Is the term ―populace‘ to be interpreted as referring to the local
inhabitants where the acts were committed, or does it refer to the
national population?
C. The purpose of the accused must be to coerce the government to give into an
unlawful demand
 i. The word “demand” is broad enough as to cover not only political,
criminal or monetarial demands but also those which maybe categorized
as social or economic, or even religious. This however is qualified by the
word “unlawful”.
ii. The government is therefore held hostage by the terrorists.
IV. Other Acts/Persons Liable
A. Conspiracy to commit terrorism. The penalty is the same as terrorism itself
(i.e. 40 years of imprisonment)
B. Accomplices- he cooperates in the execution of either terrorism or conspiracy
to commit terrorism by previous or simultaneous acts (Penalty is 17 yrs. 4
months and one day to 20 years)
C. Accessory-The acts punished are the same as that under Article 19 of the
RPC. The penalty is 10 yrs. And one day to 12 years
1. The law however adopts the absolutory cause of exemption of accessories
from liability with respect to their relatives
V. Surveillance of Suspects and Interception and Recording of Communications
A. Authorizes the grant of Judicial Authorization to listen, intercept, and record,
any communication, message, conversation, discussion, or of spoken or written
words between members of
(i) a judicially declared and outlawed terrorist organization or association
or group, or
(ii) of any person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism
1. The Judicial Authorization can only be issued by the Court of
Appeals
(a) upon a written application filed by a police or law
enforcement official or members of his team and
(b). after an ex parte hearing establishing
(c). probable cause that terrorism/conspiracy to commit
terrorism has been committed, or is being committed,
or is about to be committed (note that the wording is
not attempted)
2. The applicant must have been authorized in writing to file the
application by the Anti Terrorism Council (The Body created to
implement the law and assume responsibility for the effective
implementation of the anti-terrorism[policy of the country)
3. The Judicial Authority is effective for a maximum period not to
exceed 30 days from date of receipt of the written order and
may be extended for another similar period
B. Punishes the act of failure to notify the person subject of the surveillance,
monitoring or interception, if no case was filed within the 30 day period/life time of
the Order of Court authorizing the surveillance
C. Punishes any person who conducts any unauthorized or malicious
interceptions and or recording of any form of communications, messages,
conversations, discussions or spoken or written words
VI. Provides for a Judicial Declaration of Terrorists and Outlawed
organization, association, or group of persons, by any RTC upon application by
the DOJ and upon prior notice to the group affected.
VII. Procedure when a suspected terrorist is arrested
A. A suspected terrorist maybe arrested by any law enforcement personnel
provided:
1. The law enforcement agent was duly authorized in writing by the Anti-
Terrorism Council
2. The arrest was the result of a surveillance or examination of bank
deposits
B. Upon arrest and prior to actual detention, the law enforcement agent must
present the suspected terrorist before any judge at the latter‘s residence or office
nearest the place of arrest, at any time of the day or night. The judge shall, within
three days, submit a written report of the presentation to the court where the
suspect shall have been charged.
C. Immediately after taking custody of a person charged or suspected as a
terrorist, the police or law enforcement personnel shall notify in writing the judge
of the nearest place of apprehension or arrest, but if the arrest is made during
non-office days or after office hours, the written notice shall be served at the
nearest residence of the judge nearest the place of arrest
D. Failure to notify in writing is punished by 10 years and one day to12 years of
imprisonment
VIII. Period of Detention has been extended to three days
A. The three day period is counted from the moment the person charged or
suspected as terrorist has been apprehended or arrested, detained and taken
into custody
B. In the event of an actual or imminent terrorist attack, suspects may not be
detained for more than three days without the written approval of the Human
Rights Commission, or judge of the MTC RTC, Sandiganbayan or Court of
Appeals nearest the place of arrest
C. If arrest was on a nonworking day or hour, the person arrested shall be
brought to the residence of any of the above named officials nearest the place of
arrest.
IX. Other Acts Punished As Offenses (punished by imprisonment of 10 years and
one day to 12 years) which acts are related to the arrest/detention of suspected
terrorists
A. Violation of the rights of a person detained
1. Right to be informed of the nature and cause of the arrest; to remain
silent; to counsel
2. To communicate and confer with counsel at any time without
restriction
3. To communicate at any time and without restrictions with members of
family or relatives and be visited by them
4. To avail of the services of a physician of choice
B. Offenses relating to an official log book:
1. Failure to keep official logbook detailing the name of the person
arrested the date and time of initial admission for custody and arrest;
state of his health; date and time of removal from his cell, and his return
thereto; date and time of visits and by whom; all other important data
bearing on his treatment while under arrest and custody
2. Failure to promptly issue a certified true copy of the entries of the log
book
C. Using threat, intimidation, coercion, inflicting physical pain, or torment or
mental emotional, moral or psychological pressure which shall vitiate the free will
D. Punishes Infidelity in the Custody of Detained Persons
1. The penalty is 12 years and one day to 20 years if the person
detained is a prisoner by final judgment
2. The penalty is 6 years and one day to 12 years if the prisoner is a
detention prisoner
E. Punishes the act of knowingly furnishing False Testimony, forged document or
spurious evidence in any investigation or hearing under the law ( 12 yrs and one
day to 20 years)
X. Prosecution under the Law is a bar to another prosecution under the Revised
Penal Code or any other special law for any offense or felony which is
necessarily included in the offense charged under the law
XI. If the suspect is acquitted he is entitled to P500,000.00 for every day of
detention without a warrant of arrest.
A. Any person who delays the release or refuses to release the amount shall be
punished by imprisonment of 6 months
XII. Provisions on the Identity of the Informant
A. The officer to whom the name of the suspect was first revealed shall record
the real name and specific address of the informant and shall report the same to
his superior officer who shall in turn transmit the information to the Congressional
Oversight Committee within 5 days after the suspect was placed under arrest, or
his properties sequestered seized or frozen.
B. The data shall be considered confidential and shall not be unnecessarily
revealed until after the proceedings against the suspect shall have been
terminated.
(NOTE: It would seem that the confidentiality of the informant‘s identity is not
permanent but may be revealed, not like the provisions of the Rules of Evidence
which considers the confidentiality as permanent)
XIII. Territorial Application of the law:
The law applies to any person who commits an act covered by the law if
committed:
A. Within the terrestrial domain, interior waters, maritime zone and airspace of
the Philippines
B. Inside the territorial limits of the Philippines
C. On board a Philippine ship or airship
D. Within any embassy, consulate, diplomatic premises belonging to or occupied
by the Philippine government in an official capacity

E. Against Philippine citizens or persons of Philippine descent where their
citizenship or ethnicity was a factor in the commission of the crime
F. Directly against the Philippine government.
XIV. The provisions of the law shall be automatically suspended one month
before and two months after the holding of any election.
-o0o-
 R.A 9851: THE PHILIPPINE ACT ON CRIMES AGAINST
INTERNATIONAL HUMANITARIAN LAW, GENOCIDE AND OTHER
CRIMES AGAINST HUMANITY.
This act defines and penalizes three crimes known as: (i) War Crimes or crimes
against International Human Humanitarian Law (ii) Genocide and (iii) Other
Crimes Against Humanity.
I. War Crimes or Crimes Against International Humanitarian Law
A. In case of an International armed conflict, which is defined as the use of force
or armed violence between two or more states including belligerent occupation,
those which are grave violations of the Geneva Convention of August 12, 1949,
which are :
(a) Willful killing
(b) Torture or inhuman treatment including biological experiments
(c) Willfully causing great suffering or serious injury to body or health
(d) Extensive destruction and appropriation of property not justified by
military necessity
B.Violations in the course of an armed conflict between government authorities
and organized armed groups or between such armed groups within a state, are
not included. Hence atrocities committed by and between the government and
the NPA/MILF are not covered.
(iii).Trafficking In Persons or for Violation of RA. 10364 “The Expanded
Anti-Trafficking Against Persons Act of 2012” where the accused is a
Filipino or permanent resident of the Philippines, or the act is against a
Filipino citizen.
III. Piracy and Mutiny in Philippine Waters
1. These crimes are punished by Pres. Decree No. 532 as amended by R.A.
7659 (The Heinous Crime law).
2. The concept of piracy/mutiny as committed in the high seas whether simple or
qualified, applies as well when committed within Philippine waters. Hence when
the taking does not involve violence, the crime is theft. The offenders include
crew members/passengers.
3. The term Philippine waters include: (i) those waters around, between and
connecting the islands (ii) all waters belonging to the Philippines by historic right
or legal title including the territorial waters, insular shelves and sea bed (iii)
navigable rivers.
4. The term vessel includes any water craft in Philippine waters whether moving
or anchored so long as it is sea worthy, used in transporting of people or goods
or both. This includes a fisherman‘s banca and a submarine, as well as vessels
owned by aliens.
5. Crimes other than murder, homicide, physical injuries or rape may qualify the
piracy. However intimidating the ship captain may constitute direct assault.
6. The decree creates and punishes the crime of AIDING OR ABETTING
PIRACY.
a. This is a crime in itself although the acts involve the acts of an
accessory.
b. The penalty however is that of an accomplice.
c. Examples: by profiting one‘s self or helping the pirates profit from the
effects of the crime; harboring the pirates, providing information/data on
the sailing route and/or schedule of ships.
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 THE ANTI HIJACKING LAW ( R.A. 6235)
(Aircraft piracy)
I. The four acts punished
1. Hijacking of a Foreign Aircraft
2. Hijacking of a Philippine Plane
3. Violation of Rules inimical to civil aviation by
a). carrying/loading prohibited substances
b). carrying of certain substances in violation of rules and regulations
concerning their transportation
II. Hijacking of a Philippine aircraft or one registered under the laws of the
Philippines. This includes helicopters. They maybe privately used/owned or
commercial planes or government owned, civilian or military aircraft.
A). Two ways of commission
(i). by usurping or seizing control while it is in flight
a) In flight means when the exterior doors are closed following
embarkation until opened for disembarkation. There are
passengers on board.
b).It is not necessary that the plane is already airborne and may
still be in the tarmac or it has taxied but the passengers have
not yet been allowed to disembark
c). If not in flight, the crime may either be theft or robbery, or
threats or coercion
(ii) compelling the pilot to change the course or the destination of the
aircraft
a). this presuppose the plane is already in flight else it is
coercion or threat
b). the flight may be a domestic or international flight
NB: This is another unique instance when an act punished under the RPC
qualifies a violation of a special law
IV. Acts Inimical to Civil Aviation
A). By carrying or loading on board an aircraft operating as a public utility
passenger aircraft in the Philippines, any flammable corrosive, explosive or
poisonous substances.
i) If there results any injury or damage to property on account of said
prohibited substances, they shall be separate offenses
B). By loading or carrying or transporting on board a cargo aircraft operating as a
public utility in the Philippines, any of the substances if not done in accordance
with the rules and regulations set and promulgated by the Air Transportation
Office

III. Hijacking of Foreign Aircraft

A). How committed
i). usurping or seizing control of the aircraft while within Philippine
territory
a). It need not be in flight because it is considered in transit
while in the Philippines
b). It is enough that the hijackers are on board the aircraft and
have commenced instructing the pilots or crew even if the
engine has not yet been revved
ii). Compelling the plane to land in the Philippines
a). This presupposes that the Philippine is not the point of
destination or a stop over
b). Does this apply when the plane is forced to land to refuel or
obtain food or to land a sick passenger?

B). When Qualified:

a). By firing upon the pilot, member of the crew or passenger even if they are not
hit
b). exploding or attempting to explode any bomb or explosive to destroy the
aircraft
c). if the crime is accompanied by a killing, physical injuries or rape ( other crimes
should be treated as separate offenses such as robbery or theft)