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Crim Law 2 - Elements of Crimes
Crim Law 2 - Elements of Crimes
1. The offender must be owing allegiance to 1. That the offender performs unlawful or
the government, and not a foreigner. unauthorized acts
2. That he has knowledge of any conspiracy 2. That such acts provoke or give occasion for
(to commit treason) against the government. a war involving or liable to involve the
3. That he conceals or does not disclose and Philippines or expose Filipino citizens to
make known the same as soon as possible reprisals on their persons or property.
to the governor or fiscal of the province or
Art. 119. Violation of Neutrality
the mayor or fiscal of the city in which he
resides. Elements:
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Criminal Law 2: Elements of Crimes & Acts Punishable z.m.s.r
2. That there is a regulation issued by part of its cargo, its equipment or personal
competent authority for the purpose of belongings of it complement or passengers.
enforcing neutrality; and
3. That the offender violates such regulation. Elements:
1. That a vessel is on the high
Art. 120. Correspondence with hostile country seas/Philippine waters
Elements: 2. That the offenders are not members
of its complement or passengers of
1. That it is in time of war in which the
the vessel
Philippines is involved
3. That the offender seizes the the
2. That the offender makes correspondence
whole or part of the cargo of said
with an enemy country or territory occupied
vessel, its equipment or personal
by enemy troops
belongings of its complement or
3. That the correspondence is either –
passengers.
i. prohibited by the government, or
ii. carried on in ciphers or conventional
signs, or Piracy in the RPC v. P.D. 532
iii. containing notice or information which
might be useful to the enemy.
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Criminal Law 2: Elements of Crimes & Acts Punishable z.m.s.r
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ARTICLE 131. Prohibition, Interruption, and 1. That there be a public uprising and taking
Dissolution of Peaceful Meetings up of arms against the Government.
2. For the purpose of:
ELEMENTS: a. Removing from the allegiance to
1. Offender is a public officer or employee said Government or its laws
2. He performs any of the ff. acts: i. The territory of the
a. prohibiting or interrupting, without Philippines.
legal ground the holding of a ii. Anybody of land, naval or
peaceful meeting, or dissolving the other armed forces or
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Criminal Law 2: Elements of Crimes & Acts Punishable z.m.s.r
2. He committed a new felony before beginning f. Those who sell, distribute, or exhibit
to serve such sentence or while serving the prints, engraving, sculptures or literatures
same. which are offensive to morals
Title 4: Crimes against Public Interest ARTICLE 202. VAGRANTS AND PROSTITUTES
** ELEMENTS OF A PROSTITUTE:
1. A women habitually indulge in sexual
Title 5: Crimes relative to opium and other intercourse or lascivious conduct; and
prohibited drugs 2. The act was done for money or profit.
**
● Vagrancy has been decriminalized by RA
10158. We no longer have the crime of
Title 6: Crimes against Public Morals
vagrancy. No person can longer be
prosecuted for being a vagrant.
TRAFFICKING IN PERSONS ● If the woman does not habitually indulge
ELEMENTS: in said acts, then she cannot be deemed
1. act of trafficking as a prostitute.
2. means to commit trafficking and ● In one case, there the Court asked how
3. exploitive purpose many times the NBI agent engaged in
sexual intercourse with the alleged
ARTICLE 200 - GRAVE SCANDAL
prostitute. When the agent said that it was
ELEMENTS:
only once, and that they did not know if
1. Offender performs an act
there are any instances before him and after
2. Act is highly scandalous as offending
him – the Court acquitted the accused
against decency or good customs
because the sexual intercourse for money
3. Highly scandalous conduct does not
or profit was not habitual, done only once.
expressly fall within any other article of the
RPC
4. Committed in a public place or within the
public knowledge or view. (The public view
is not required, it is sufficient if in a public
place. For public knowledge, it may occur
even in a private place; the number of
people who see it is not material).
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