I. Crimes Against National Security: A. TREASON (ART. 114) A. B. I
I. Crimes Against National Security: A. TREASON (ART. 114) A. B. I
-ELEMENTS
1. Offender is a Filipino citizen or an alien residing in the
Philippines.
2. There is a war in which the Philippines is involved.
-TREASON VS REBELLION
1. Treason, the purpose of levying war is to help the enemy
while Rebellion, The purpose is merely to substitute the
government with the rebels’ own form of government.
-TREASON VS SEDITION
1. Treason, Violation by a subject of his allegiance to his
sovereign or country while Sedition is raising of commotions or
disturbances in a state.
Q: What is reprisal?
A: It is any kind of forcible or coercive measure whereby one
State seeks to exercise a deterrent effect or to obtain redress or
satisfaction, directly or indirectly, for consequences of the illegal
acts of another State which has refused to make amends for
such illegal conduct.
B. VIOLATION OF NEUTRALITY (ART. 119)
- Neutrality is a condition of a nation that, in times of war, takes
no part in the dispute but continues peaceful dealings with the
belligerents.
-ELEMENTS
1. There is a war in which the Philippines is not involved
2. A regulation is issued by a competent authority to enforce
neutrality
3. Offender violates such regulation.
C. CORRESPONDENCE WITH HOSTILE COUNTRY (ART. 120)
-ELEMENTS
1. There is war in which the Philippines is involved
2. Offender makes correspondence with the enemy country or
territory occupied by enemy troops
3. Correspondence is either –
a. Prohibited by the Government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which might be
useful to the enemy or intended by the offender to aid
the enemy.
Q: What is correspondence?
A: It is communication by means of letters or it may refer to the
letters which pass between those who have friendly or business
relations.
D. FLIGHT TO ENEMY’S COUNTRY (ART. 121)
-ELEMENTS
1. Existence of war in which the Philippines is involved
2. Offender owes allegiance to the Philippines
3. Offender attempts to flee or go to the enemy country
4. Going to enemy country is prohibited by competent authority
E. PIRACY & MUTINY (ART. 122)
Piracy is robbery or depredation in the high seas, without lawful
authority and done with animo furandi (with intent to steal) and
in the spirit and intention of universal hostility.
-WAYS OF COMMITTING PIRACY
1. First mode: By attacking or seizing a vessel on the high seas or
in Philippine waters; or
2. Second mode: By seizing the whole or part of the cargo or
equipment of the vessel while on the high seas or the personal
belongings of its complements or passengers.
-ELEMENTS OF PIRACY
1. Vessel is on high seas or in Philippine waters
2. Offenders are not members of its complement or passengers
of the vessel,
3. Offenders –
a. Attack that vessel, or
b. Seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or
passengers.
High seas mean 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 government, parts
of the sea that are not included in the exclusive zone, in the
territorial seas, or in the internal waters of a state, or in the
archipelagic waters of an archipelagic state
Q: What is mutiny?
A: It is the unlawful resistance to a superior officer or the raising
of commotions and disturbances on board a ship against the
authority of its commander
-ELEMENTS OF MUTINY
1. Offenders are members of the complement or
passengers of the vessel.
2. Intent to gain is immaterial.
3. Attack from the inside.
F. QUALIFIED PIRACY (ART. 123)
-QUALIFYING CIRCUMSTANCES
1. Seizure of the vessel by boarding or firing upon the same
2. Abandonment of the victims without any means of saving
themselves
3. When the crime is accompanied by murder, homicide,
physical injuries or rape
-ANTI-PIRACY & ANTI-HIGHWAY ROBBERY (P.D. 532)
Q: What is a vessel?
A: It is vessel or watercraft used for transport of passengers and
cargo from one place to another through Philippine waters. It
shall include all kinds and types of vessels or boats used in
fishing.
Q: What constitutes Philippine highway?
A: Philippine Highway shall refer to any road, street,
passage,highway and bridges or other parts thereof or railway
or railroad within the Philippines used by persons or vehicles or
locomotives or trains for the movement or circulation of
persons or transportation of goods, articles or property or both.
Q: What is piracy?
A: Piracy is any attack upon or seizure of any vessel or the taking
away of the whole or part thereof or its cargo, equipment or the
personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence against
or intimidation of persons or force upon things committed by
any person including a passenger or member of the
complement of said vessel, in Philippine waters, shall be
considered as piracy. The offenders shall be considered as
pirates and punished as hereinafter provided.
Q: What is highway robbery or brigandage?
A: Highway Robbery/Brigandage is the seizure of any person for
ransom, extortion or other unlawful purposes or the taking
away of the property of another by means of violence against or
intimidation of persons or force upon things or other unlawful
means, committed by any person on any Philippine Highway
- PUNISHABLE ACTS; ANTI-HIJACKING LAW P.D. NO. 6235
1. Usurping or seizing control of an aircraft of Philippine registry
while it is in flight, compelling the pilots thereof to change the
course or destination of the aircraft;
2. Usurping or seizing control of an aircraft of foreign registry
while within Philippine territory, compelling the pilots thereof
to land in any part of the Philippine territory;
3. Carrying or loading on board an aircraft operating as a public
utility passenger aircraft in the Philippines, any flammable,
corrosive, explosive, or poisonous substances;
4. Loading, shipping or transporting on board a cargo aircraft
operating as a public utility in the Philippines, any flammable,
corrosive, explosive, or poisonous substance if this was done in
accordance with the rules and regulations set and promulgated
by the Air Transportation Office on this matter;
1.
A. REBELLION AND INSURRECTION (ART. 134);
-PERSONS LIABLE FOR REBELLION
The persons liable for rebellion are the leaders and their
followers
-REBELLION VS INSURRECTION
Rebellion, the object of the movement is completely to
overthrow and supersede the existing government while
Insurrection is a movement seeks merely to effect some change
of minor importance, or to prevent the exercise of
governmental authority with respect of particular matters of
subjects.
- PEOPLE V. HERNANDEZ, 99 PHIL 515
-REBELLION VS SEDITION
Rebellion, Purpose is always political, that is to overthrow the
government, Sedition, Purpose may be political or social, that is
merely to go against the established government not to
overthrow it.
B. COUP D’ ETAT (ART. 134-A)
-ELEMENTS
1. Offender is a person or persons belonging to military or police
or holding any public office or employment
2. It is committed by means of a swift attack accompanied by
violence, intimidation, threat, strategy or stealth
3. Attack is directed against duly constituted authorities of the
Republic of the Philippines or any military camp or installation,
communication networks, public utilities or other facilities
needed for the exercise and continued possession of power
4. Purpose of the attack is to seize or diminish state power
-COUP D’ ETAT VS REBELLION
Coup D’ Etat, Essence is a swift attack against the government,
its military camp or installations, communication network and
public facilities and utilities essential to the continued exercise
of governmental powers while Rebellion, Essence of the crime is
public uprising and taking up arms against the government.
2. CONSPIRACY AND PROPOSAL TO COMMIT REBELLION (ART. 136);
Q: When is there conspiracy to commit rebellion?
A: There is conspiracy to commit rebellion when two or more persons
come to an agreement to rise publicly and take arms against the
government for any of the purposes of rebellion and decide to commit
it.
Q: When can there be proposal to commit rebellion?
A: There is proposal to commit rebellion when the person who has
decided to rise publicly and take arms against the government for any of
the purposes of rebellion proposes its execution to some other person
or persons. Q: Is advocacy to communism tantamount to conspiracy to
commit rebellion? A: No, because mere advocacy of theory or principle
is insufficient to constitute conspiracy to commit rebellion unless the
advocacy is converted into action.
3. DISLOYALTY TO PUBLIC OFFICERS OR EMPLOYEES (ART. 137);
1. Failing to resist a rebellion by all means in their power
2. Continuing to discharge the duties of their offices under the control of
the rebels
4. INCITING TO REBELLION (ART. 138);
1. Offender does not take arms or is not in open hostility against the
government
2. He incites others to the execution of any of the acts of rebellion
3. Inciting is done by means of speeches, proclamations, writings,
emblems, banners, or other representations tending to the same end
5. SEDITION (ART. 139);
1. Offender rise
a. Publicly, and
b. Tumultuously
2. They employ force, intimidation or other means outside of
legal methods
3. Offenders employ any of those means to attain any of the
following objects to:
a. Prevent the promulgation or execution of any law or
the holding of any popular election
b. Prevent the national government, or any public
officer from freely exercising its or his functions, or
prevent the execution of any administrative order
c. Inflicting any act of hate or revenge of any person or
property of any public officer or employee
d. Commit, for any political or social end, any act of hate
or revenge against private persons or any social cases
e. Despoil, for any political or social end any person,
municipality or province, or the National Government of
all its property or any part thereof
-TUMULTUOS
Acts are considered tumultuous if caused by more than 3
persons who are armed or provided with the means of violence.
-PERSON LIABLE FOR SEDITION
The offender may be a public or private person.
6. CONSPIRACY TO COMMIT SEDITION (ART. 141);
To be liable, there must be an agreement and determination to
rise publicly and tumultuously to attain any of the objects
specified in Art. 139
7. INCITING TO SEDITION (ART. 142);
-ELEMENTS
1. Inciting others to the accomplishment of any of the acts
which constitute sedition by means of speeches, proclamations,
writings, emblems, etc
2. Uttering seditious words or speeches which tend to disturb
the public peace
3. Writing, publishing or circulating scurrilous libels against the
government or any of the duly constituted authorities thereof,
which tend to disturb the public peace
8. ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR
BODIES (ART. 143);
1. There be projected or actual meeting of the Congress
or any of its committees or subcommittees,
constitutional committees or divisions thereof, or of any
provincial board or city or municipal council or board
2. Offender, who may be any person, prevents such
meeting by force or fraud
9. DISTURBANCE OF PROCEEDINGS OF CONGRESS OR SIMILAR BODIES
(ART. 144);
1. There is a meeting of Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof, or any
provincial board or city or municipality council or board
2. Offender does any of the following acts:
a. Disturbs any such meetings
b. Behaves while in the presence of any such
bodies, in such a manner as to interrupt its
proceedings or to impair the respect due it
10. VIOLATION OF PARLIAMENTARY IMMUNITY (ART. 145);
1. Using force, intimidation, threats, or frauds to
prevent any member of Congress from –
a. Attending the meetings of congress or of any
of its committees or subcommittees,
constitutional commissions or committees
b. Expressing his opinions c. Casting his vote
2. Arresting or searching any member thereof while
Congress is in regular or special session.
11. ILLEGAL ASSEMBLIES (ART. 146);
-FORMS OF ILLEGAL ASSEMBLIES
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable
under the RPC.
2. Any meeting in which the audience, whether armed
or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition, or assault
upon a person in authority or his agents.
12. ILLEGAL ASSOCIATIONS (ART. 147);
-ILLEGAL ASSEMBLIES VS ILLEGAL ASSOCIATION
Illegal Assembly, The basis of liability is the gathering for an
illegal purpose which constitutes a crime under the RPC while
Illegal Association, The basis is the formation of or organization
of an association to engage in an unlawful purpose which is not
limited to a violation of the RPC
13. DIRECT ASSAULTS (ART. 148);
-WAYS TO COMMIT DIRECT ASSAULT
1. First form: Without public uprising, by employing force or
intimidation for attainment of any of the purposes enumerated
in defining the crimes of rebellion and sedition.
2. Second form: Without public uprising, by attacking, by
employing force, or by seriously intimidating or seriously
resisting any person in authority or any of his agents, while
engaged in the performance of official duties, or on the
occasion of such performance.
14. INDIRECT ASSAULTS (ART. 149);
1. Person in authority or his agent is the victim of the forms of
direct assault
2. A person comes to the aid of such authority or his agent
3. Offender makes use of force or intimidation upon such
person coming to the aid of the authority or his agent
15. DISOBEDIENCE TO SUMMONS ISSUED BY CONGRESS, ITS
-COMMITTEES, ETC., BY THE CONSTITUTIONAL COMMISSIONS, ITS
COMMITTEES, ETC. (ART. 150);
-ACT PUNISHABLES
1. Refusing, without legal excuse, to obey summons of
Congress, it’s special or standing committees and
subcommittees, the Constitutional Commissions and its
committees, subcommittees or divisions, or by any commission
or committee chairman or member authorized to summon
witnesses
2. Refusing to be sworn or placed under affirmation while being
presented before such legislative or constitutional body or
official
3. Refusing to answer any legal inquiry or to produce any books,
papers, documents or records in his possession, when required
by them to do so in the exercise of their functions
4. Restraining another from attending as a witness in such
legislative or constitutional body
5. Inducing disobedience to a summons or refusal to be sworn
by any such body or official
16. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE
AGENTS OF SUCH PERSON (ART. 151);
: 1. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the
offender
2. Offender disobeys such agent of a person in
authority
3. Such disobedience is not a serious nature
-DIRECT ASSUALT VS RESISTANCE AND DISOBEDIENCE TO A
PERSON IN AUTHORITY OR AGENTS OF SUCH PERSON
Resistance or Serious Disobedience, Person in authority or
his agent must be in actual performance of his duties & Committed only
by resisting or seriously disobeying a person in authority or his agent
while Direct Assault, Person in authority or his agent must be engaged
in the performance of official duties or that he is assaulted by reason
thereof & Committed in four ways By:
1. Attacking.
2. Employing force
3. Seriously intimidating
4. Seriously resisting a person in authority or his agent
-PERSONS IN AUTHORITY (ART. 154)
A person in authority is one directly vested with jurisdiction,
that is, the power and authority to govern and execute the laws.
Ex. 1. Mayors
2. Division superintendent of school
3. Public and private school teachers
4. Provincial Fiscal
5. Judges
6. Lawyers in actual performance of duties
7. Sangguniang Bayan member
8. Barangay Chairman
9. Members of the Lupong Tagapamayapa
17. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER (ART. 153);
-TYPES
1. Causing any serious disturbance in a public place, office or
establishment.
2. Interrupting or disturbing performances, functions or
gatherings, or peaceful meetings, if act is not included in Arts.
131 and 132.
3. Making any outcry tending to incite sedition in any meeting,
association or public place.
18. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES (ART. 154);
1. Publishing or causing to be published, by means of printing,
lithography or any other means of publication, 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 the law or to the constituted
authorities or by praising, justifying or extolling any act
punished by law, by the same means or by words, utterances
and speeches.
3. Maliciously publishing, causing to be published any official
resolution or document without proper authority, or before
they have been published officially.
4. Printing, publishing, or distributing books, pamphlets,
periodicals or leaflets which do not bear the real printer’s name,
or which are classified as anonymous.