TITLE ONE

I. CRIMES AGAINST NATIONAL SECURITY

Article 114

ELEMENTS OF TREASON:

That the offender owes allegiance to the Government of the Philippines

That there is a war in which the Philippines is involved
That the offender either
Levies war against the government,
breech of allegiance
actual assembling of men
for the purpose of executing a reasonable design
breech of allegiance
adherence
giving aid or comfort to the enemy

Adheres to the enemies, giving them aid and comfort

Ways of proving treason:

2 witnesses testifying to same overt act

Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to
convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict?
Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT.

Confession of the accused in open court. Arraignment, pre-trial, trial OK.

If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the
particular acts constituting treason.
During trial, simply saying Im guilty is not enough.
Withdrawing plea of not guilty during arraignment not necessary
If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of
affidavit during trial, even if assisted by counsel is not enough.

Treason: breach of allegiance to the government, committed by a person who owes allegiance to it.
Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending on whether the person
is a citizen or an alien.
Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are,
therefore, not aggravating.
Treason cannot be committed in times of peace, only in times of war actual hostilities. But no need for
declaration of war
Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable
design by force (deliver the country in whole or in part to the enemy)

Not Treasonous:
 Acceptance of public office and discharge of official duties under the enemy does not constitute per se the
felony of treason (exception: when it is policy determining)
Serving in a puppet government (ministerial functions) and in order to serve the populace is NOT
treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on Filipinos; c) it is
disadvantageous to them.
Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials not treason
Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the
Philippines.
Only Filipino citizens or permanent resident aliens can be held liable
Alien: with permanent resident status from the BID it is neither the length of stay in the Philippines nor
the marriage with a Filipino that matters.

On Citizenship

Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused

Actual hostilities may determine the date of the commencement of war
No such thing as attempted treason; mere attempt consummates the crime
Giving aid or comfort material element, enhances forces of the enemy country. Acts which strengthen or
tend to strengthen the enemy in the conduct of war against the traitors country or that which weaken and tend
to weaken the power of the same.

Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily giving aid
and comfort.

Adherence and giving aid or comfort must concur together. Adherence: when a citizen intellectually or
emotionally favors the enemy and harbors convictions disloyal to his countrys policy. But membership in the
police force during the occupation is NOT treason.

Example: Giving information to, or commandeering foodstuffs for the enemy.

Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the circumstances
surrounding the act.
Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.
If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use Art.12.
No treason through negligence
When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1)
separate crimes or (2) as complex with treason.

Article 115

CONSPIRACY TO COMMIT TREASON

ELEMENTS:

In time of war
2 or more persons come to an agreement to

1. levy war against the government, or

2. adhere to the enemies and to give them aid or comfort,

They decide to commit it

 ELEMENTS OF PROPOSAL TO COMMIT TREASON

In time of war
A person who has decided to levy war against the government, or to adhere to the enemies and to give them
aid or comfort, proposes its execution to some other person/s.

Mere agreement and decisions to commit treason is punishable

Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy.

Article 116
MISPRISION OF TREASON

ELEMENTS:

That the offender must be owing allegiance to the government, and not a foreigner
That he has knowledge of any conspiracy (to commit treason) against the government
That he conceals or does not disclose and make known the same as soon as possible to the governor or
fiscal of the province or the mayor or fiscal of the city in which he resides

Offender is punished as an accessory to the crime of treason

This crime does not apply if the crime of treason is already committed
Crime of omission
To report within a reasonable time depends on time, place and circumstance the RPC did not fix time.
RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP
Director? Judge Pimentel says any govt official of the DILG is OK.

Article 117

Espionage by entering, without authority therefor, warship, fort, or naval or military establishments or
reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the
defense of the Philippines.

ELEMENTS:

1. That the offender enters any of the places mentioned therein

2. That he has no authority therefore;

That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative
to the defense of the Philippines

Espionage by disclosing to the representative of a foreign nation the contents of the articles, data, or
information referred to in paragraph 1 of Article 117, which he had in his possession by reason of the public
office holds

ELEMENTS: That the offender is a public officer

That he has in his possession the articles, data or information referred to in par 1 of art 117, by reason of
the public office he holds
That he discloses their contents to a representative of a foreign nation

Purpose: to gather data

 Espionage: the offense of gathering, transmitting, or losing information respecting the national defense with
the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage
of any foreign nation. It is not conditioned on citizenship.
Not necessary that Philippines is at war with the country to which the information was revealed. What is
important is that the information related is connected with the defense system of the Philippines.
Wiretapping is NOT espionage if the purpose is not something connected with the defense
See CA 616

II. CRIMES AGAINST LAWS OF NATIONS

Article 118

INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

ELEMENTS:

That the offender performs unlawful or unauthorized acts

That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose
Filipino citizens to reprisals on their persons or property

Crime is committed in time of peace, intent is immaterial

Inciting to war offender is any person
Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their country.
Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal.

Article 119

VIOLATION OF NEUTRALITY

ELEMENTS:

That there is war in which the Philippines is not involved

That there is a regulation issued by competent authority for the purpose of enforcing neutrality
That the offender violates such regulation

Govt must have declared the neutrality of the Phil in a war between 2 other countries
It is neutrality of the Phil that is violated
Congress has the right to declare neutrality

Article 120

CORRESPONDENCE WITH HOSTILE COUNTRY

ELEMENTS:

That it is in time of war in which the Philippines is involved

That the offender makes correspondence with an enemy country or territory occupied by enemy troops
That the correspondence is either
prohibited by the government, or
carried on in ciphers or conventional signs, or
 containing notice or information which might be useful to the enemy

Circumstances qualifying the offense:

a. notice or information might be useful to the enemy

b. offender intended to aid the enemy

Hostile country exist only during hostilities or after the declaration of war
Correspondence to enemy country correspondence to officials of enemy country even if related to you.
It is not correspondence with private individual in enemy country
If ciphers were used, no need for prohibition
If ciphers were not used, there is a need for prohibition
In any case, it must be correspondence with the enemy country
Doesnt matter if correspondence contains innocent matters if prohibited, punishable

Article 121

FLIGHT TO ENEMYS COUNTRY

ELEMENTS

That there is a war in which the Philippines is involved

That the offender (Filipino or resident alien) must be owing allegiance to the government
That the offender attempts to flee or go to enemy country
That going to enemy country is prohibited by competent authority

Mere attempt consummates the crime

There must be a prohibition. If none, even if went to enemy country no violation
Alien resident may be guilty here.

Article 122

PIRACY

2 Ways of Committing Piracy

By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)
By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its
complement or passengers

Elements:

That a vessel is on the high seas/Philippine waters

That the offenders are not members of its complement or passengers of the vessel
That the offenders
attack or seize that vessel or (hence, if committed by crew or passengers, the crime is not piracy but
robbery in the high seas)
seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement
or passengers
 High seas: any waters on the sea coast which are without the boundaries of the low water mark although
such waters may be in the jurisdictional limits of a foreign govt
PD 532 has been already repealed
Piracy in high seas jurisdiction is with any court where offenders are found or arrested
Piracy in internal waters jurisdiction is only with Philippine courts
For purpose of Anti-Fencing Law, piracy is part of robbery and theft

Piracy

Mutiny
Robbery or forcible degradation on the high seas, without lawful authority and done with animo furandi and in
the spirit and intention of universal hostility. Unlawful resistance to a superior officer, or the raising of
commotion and disturbances on board a ship against the authority of its commander
Intent to gain is an element.
Attack from outside. Offenders are strangers to the vessel. (this is the standing rule with the repeal of PD 532
which made it possible for any person to commit piracy including a passenger or complement of the vessel).
Attack from the inside.

Article 123

QUALIFIED PIRACY

CIRCUMSTANCES:

Whenever they have seized a vessel by boarding or firing upon the same
Whenever the pirates have abandoned their victims without means of saving themselves
Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. (the above may result
to qualified mutiny)

Parricide/infanticide should be included (Judge Pimentel)

Note the new rape law. Death is imposed in certain types of rape
There is a conflict between this provision and the provision on rape. Ex. If rape is committed on someone
below 7 death under the new rape law. But if rape committed on someone below 7 during the time of piracy
RP to death. Irreconcilable.
Murder/rape/homicide/physical injuries must have been committed on the passengers or complement

TITLE TWO

I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Classes of Arbitrary Detention:

By detaining a person without legal ground

Delay in the delivery of detained persons to the proper judicial authorities
Delaying release
Article 124

ARBITRARY DETENTION

ELEMENTS:

That the offender is a public officer or employee (whose official duties include the authority to make an
arrest and detain persons; jurisdiction to maintain peace and order).
That he detains a person (actual restraint).
That the detention was without legal grounds (cannot be committed if with warrant).

Detention: when a person is placed in confinement or there is a restraint on his person.

Though the elements specify that the offender be a public officer or employee, private individuals who
conspire with public officers can also be liable.
Legal grounds for the detention of any person:
Without legal grounds:
Know grounds for warrantless arrest:
For escaped prisoner no need for warrant
Rolito Go v. CA is an example of arbitrary detention (Judge Pimentel)

Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X voluntarily admitted to the
officers that he did it although he was not asked. X was detained immediately. According to the SC, there was
NO arbitrary detention. Why? Because once X made a confession, the officers had a right to arrest him.
Continuing crime is different from a continuous crime
Ramos v. Enrile: Rebels later on retire. According to the SC, once you have committed rebellion and have
not been punished or amnestied, then the rebels continue to engage in rebellion, unless the rebels renounce his
affiliation. Arrest can be made without a warrant because this is a continuing crime.

commission of a crime
violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

he has not committed any crime or no reasonable ground of suspicion that he has committed a crime
not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital

Crime is about to be, is being, has been committed

Officer must have reasonable knowledge that the person probably committed the crime

Article 125

DELAY IN THE DELIVERY OF DETAINED PERSONS

ELEMENTS:

That the offender is a public officer or employee

That he has detained a person for some legal grounds
That he fails to deliver such person to the proper judicial authority within:

12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent

18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or
36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent
 Really means delay in filing necessary information or charging of person detained in court. May be waived if
a preliminary investigation is asked for.
Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty complied
with upon the filing of the complaint with the judicial authority (courts, prosecutors though technically not a
judicial authority, for purposes of this article, hes considered as one.)
The filing of the information in court does not cure illegality of detention. Neither does it affect the legality
of the confinement under process issued by the court.
To escape from this, officers usually ask accused to execute a waiver which should be under oath and with
assistance of counsel. Such waiver is not violative of the accused constitutional right.
What is length of waiver? Light offense 5 days. Serious and less serious offenses 7 to 10 days. (Judge
Pimentel)
Article does not apply when arrest is via a warrant of arrest
If offender is a private person, crime is illegal detention

Arbitrary Detention (124)

Delay in Delivery of Detained (125)

Detention is illegal from the beginning. Detention is legal in the beginning, but illegality starts from the
expiration of the specified periods without the persons detained having been delivered to the proper judicial
authority.

Article 126

DELAYING RELEASE

ELEMENTS:

That the offender is a public officer or employee

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
That the offender without good reason delays:
the service of the notice of such order to the prisoner, or
the performance of such judicial or executive order for the release of the prisoner, or
the proceedings upon a petition for the release of such person

Three acts are punishable:

Wardens and jailers are the persons most likely to violate this provision
Provision does not include legislation

delaying the performance of a judicial or executive order for the release of a prisoner
delaying the service of notice of such order to said prisoner
delaying the proceedings upon any petition for the liberation of such person

Article 127

EXPULSION

ELEMENTS:
 That the offender is a public officer or employee
That he expels any person from the Philippines, or compels a person to change his residence
That the offender is not authorized to do so by law

2 acts punishable:

by expelling a person from the Philippines

by compelling a person to change his residence

(The crime of expulsion absorbs that of grave coercion. If done by a private person, will amount to grave
coercion)

i.e.,Villavicencio v. Lukban: prostitutes case

Does not include undesirable aliens; destierro; or when sent to prison

If X (Filipino) after he voluntarily left, is refused re-entry is considered forcing him to change his address
here
Threat to national security is not a ground to expel or change his address.

Article 128

VIOLATION OF DOMICILE

ELEMENTS:

That the offender is a public officer or employee

That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers
or other effects
That he commits any of the following acts:
entering any dwelling against the will of the owner thereof
searching papers or other effects found therein without the previous consent of such owner
refusing to leave the premises, after having surreptitiously entered said dwelling and after having been
required to leave the same

Aggravating Circumstance (medium and maximum of penalty imposed):

If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime
committed is trespass to dwelling (Art 280)
When a public officer searched a person outside his dwelling without a search warrant and such person is
not legally arrested for an offense, the crime committed by the public officer is grave coercion, if violence or
intimidation is used (Art 286), or unjust vexation, if there is no violence or intimidation (Art 287)
A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner,
even if he knew that someone in that dwelling is having unlawful possession of opium
3 acts punishable:
Being authorized by law means with search warrant, save himself or do some things good for humanity
There must be expression that entry is denied or that he is asked to leave
Papers and effects need not be part of a crime.

offense committed at nighttime

papers or effects not constituting evidence of a crime be not returned immediately
 person enters dwelling w/o consent or against the will
person enters and searches for papers and effects
person entered secretly and refuses to leave after being asked to

Article 129

SEARCH WARRANTS MALICIOUSLY OBTAINED

ELEMENTS:

That the offender is a public officer or employee

That he procures a search warrant
That there is no just cause

ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING

UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED

ELEMENTS:

That the offender is a public officer or employee

That he has legally procured a search warrant
That he exceeds his authority or uses unnecessary severity in executing the same

Search warrant is valid for 10 days from its date

Search warrant is an order in writing issued in the name of the People, signed by the judge and directed to a
public officer, commanding him to search for personal property described therein and bring it before the court
No just cause warrant is unjustified
Search limited to what is described in the warrant, all details must be with particularity
Malicious warrant. Example. X was a respondent of a search warrant for illegal possession of firearms. A
return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun
in that place.
Abuse examples:

X owner was handcuffed while search was going-on.

Tank was used to ram gate prior to announcement that a search will be made
Persons who were not respondents were searched

Article 130

ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:

That the offender is a public officer or employee

That he is armed with a search warrant legally procured
That he searches the domicile, papers or other belongings of any person
That the owner, or any member of his family, or two witnesses residing in the same locality are not present

Order of those who must witness the search:

Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending.
Latter is preferred for objective determination.
 Homeowner
Members of the family of sufficient age and discretion
Responsible members of the community (cant be influenced by the searching party)

Article 131

PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS

ELEMENTS:

Offender is a public officer or employee

He performs any of the ff. acts:

prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same
(e.g. denial of permit in arbitrary manner).
hindering any person from joining any lawful association or from attending any of its meetings

prohibiting or hindering any person from addressing, either alone or together with others, any petition to
the authorities for the correction of abuses or redress of grievances
If the offender is a private individual, the crime is disturbance of public order (Art 153)
Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or interrupting that meeting
Meeting is subject to regulation
Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, its unjust vexation
Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the
legislative body, not punishable under this article
The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should
touch on politics may be stopped
But stopping the speaker who was attacking certain churches in public meeting is a violation of this article
Prohibition must be without lawful cause or without lawful authority
Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires permits
for meetings in public places. But if police stops a meeting in a private place because theres no permit, officer
is liable for stopping the meeting.

Article 132

INTERRUPTION OF RELIGIOUS WORSHIP

ELEMENTS:

That the officer is a public officer or employee

That religious ceremonies or manifestations of any religion are about to take place or are going on
That the offender prevents or disturbs the same

Circumstance qualifying the offense: if committed with violence or threats

Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of
religion, but only a meeting of a religious sect. But if done in a private home, its a religious service
Religious Worship: people in the act of performing religious rites for a religious ceremony; a manifestation
of religion. Ex. Mass, baptism, marriage
 X, a private person, boxed a priest while the priest was giving homily and while the latter was maligning a
relative of X. Is X liable? X may be liable under Art 133 because X is a private person.
When priest is solemnizing marriage, he is a person in authority, although in other cases, hes not.

Article 133

OFFENDING RELIGIOUS FEELINGS

ELEMENTS:

That the acts complained of were performed

in a place devoted to religious feelings, or (for this element, no need of religious ceremony, only the place is
material)
during the celebration of any religious ceremony

That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the
feelings)
The offender is any person
There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet

If in a place devoted to religious purpose, there is no need for an ongoing religious ceremony
Example of religious ceremony (acts performed outside the church). Processions and special prayers for
burying dead persons but NOT prayer rallies
Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or
scoffing or attempting to damage an object of religious veneration
There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness is not enough.

CRIME

Nature of Crime

Who are Liable

If Element Missing
Prohibition, Interruption and Dissolution of Peaceful Meeting (131) Crime against the fundamental
law of the state Public officers, Outsiders If not by public officer = tumults
Interruption of Religious Worship (132) Crime against the fundamental law of the state Public officers,
Outsiders If by insider = unjust vexation

If not religious = tumult or alarms

If not notoriously offensive = unjust vexation

Offending the Religious Feeling (133) Crime against public order Public officers, private persons,
outsiders If not tumults = alarms and scandal

If meeting illegal at onset = inciting to sedition or rebellion