CRIMINAL LAW 2

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MODULE 1-Week 1

TITLE ONE
I. CRIMES AGAINST NATIONAL SECURITY
 
Article 114
 ELEMENTS OF TREASON:
1. That the offender owes allegiance to the Government of the Philippines
2. That there is a war in which the Philippines is involved
3. That the offender either –
4. Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
4. breech of allegiance
5. adherence
6. giving aid or comfort to the enemy
5. Adheres to the enemies, giving them aid and comfort

 Ways of proving treason:

1. 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.
2. Confession of the accused in open court. Arraignment, pre-trial, trial – OK.
1. If he has pleaded NOT guilty already during arraignment, he can still confess in open
court by stating the particular acts constituting treason.
2. During trial, simply saying “I’m guilty” is not enough.
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3. Withdrawing plea of “not guilty” during arraignment not necessary
4. 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:
1. 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)
2. 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.
3. Purpose of offender: to deliver the Philippines to enemy country; if merely to change
officials – not treason
4. Filipino citizens can commit treason outside the Philippines. But that of an alien must be
committed in the Philippines.
5. Only Filipino citizens or permanent resident aliens can be held liable
6. 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
traitor’s country or that which weaken and tend to weaken the power of the same.
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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
country’s 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:
1. In time of war
2. 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,
1. They decide to commit it
 ELEMENTS OF PROPOSAL TO COMMIT TREASON
1. In time of war
2. 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.
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Article 116
MISPRISION OF TREASON
 ELEMENTS:
1. That the offender must be owing allegiance to the government, and not a foreigner
2. That he has knowledge of any conspiracy (to commit treason) against the government
3. 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 gov’t 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. 1.  That the offender enters any of the places mentioned therein
1.             2.  That he has no authority therefore;
2. 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
1. ELEMENTS: That the offender is a public officer
2. 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
3. That he discloses their contents to a representative of a foreign nation
 Purpose: to gather data
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 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:
1. That the offender performs unlawful or unauthorized acts
2. 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:
1. That there is war in which the Philippines is not involved
2. That there is a regulation issued by competent authority for the purpose of enforcing
neutrality
3. That the offender violates such regulation
 Gov’t must have declared the neutrality of the Phil in a war between 2 other countries
 It is neutrality of the Phil that is violated
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 Congress has the right to declare neutrality
 
Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1. That it is in time of war in which the Philippines is involved
2. That the offender makes correspondence with an enemy country or territory occupied by
enemy troops
3. That the correspondence is either –
1. prohibited by the government, or
2. carried on in ciphers or conventional signs, or
3. 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
 Doesn’t matter if correspondence contains innocent matters – if prohibited, punishable
Article 121
FLIGHT TO ENEMY’S COUNTRY
 
 ELEMENTS
1. That there is a war in which the Philippines is involved
2. That the offender (Filipino or resident alien) must be owing allegiance to the government
3. That the offender attempts to flee or go to enemy country
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4. 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
1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)
2. By seizing the whole or part of the cargo of said vehicles, its equipment or personal
belongings of its complement or passengers
 Elements:
1. That a vessel is on the high seas/Philippine waters
2. That the offenders are not members of its complement or passengers of the vessel
3. That the offenders –
1. attack or seize that vessel or (hence, if committed by crew or passengers, the
crime is not piracy but robbery in the high seas)
2. 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 gov’t
 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 Unlawful resistance to a superior officer, or
done with animo furandi and in the the raising of commotion and disturbances
spirit and intention of universal on board a ship against the authority of its
hostility. commander
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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:
1. Whenever they have seized a vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned their victims without means of saving themselves
3. 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
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TITLE TWO
 
I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
Classes of Arbitrary Detention:
1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial authorities
3. Delaying release

Article 124
ARBITRARY DETENTION
 ELEMENTS:
1. 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).
2. That he detains a person (actual restraint).
3. 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.
1. commission of a crime
2. violent insanity or other ailment requiring compulsory confinement of the patient
in a hospital
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1. he has not committed any crime or no reasonable ground of suspicion that he
has committed a crime
2. not suffering from violent insanity or any other ailment requiring compulsory
confinement in a hospital
1. Crime is about to be, is being, has been committed
2. Officer must have reasonable knowledge that the person probably committed the
crime

Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
 ELEMENTS:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal grounds
3. That he fails to deliver such person to the proper judicial authority within:
1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their
equivalent
2. 18 hours, for crimes/offenses punishable by correctional penalties, or their
equivalent or
3. 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, he’s 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
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detained having been delivered to the
proper judicial authority.

Article 126
DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or employee
2. 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
3. That the offender without good reason delays:
1. the service of the notice of such order to the prisoner, or
2. the performance of such judicial or executive order for the release of the
prisoner, or
3. 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
1. delaying the performance of a judicial or executive order for the release of a
prisoner
2. delaying the service of notice of such order to said prisoner
3. delaying the proceedings upon any petition for the liberation of such person

Article 127
EXPULSION
ELEMENTS:
1. That the offender is a public officer or employee
2. That he expels any person from the Philippines, or compels a person to change
his residence
3. That the offender is not authorized to do so by law
 2 acts punishable:
1. by expelling a person from the Philippines
2. 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

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 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:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dwelling and/or to make a
search  therein for papers or other effects
3. That he commits any of the following acts:
1. entering any dwelling against the will of the owner thereof
2. searching papers or other effects found therein without the previous
consent of such owner
3. 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.
1. offense committed at nighttime
2. papers or effects not constituting evidence of a crime be not returned
immediately
1. person enters dwelling w/o consent or against the will
2. person enters and searches for papers and effects
3. person entered secretly and refuses to leave after being asked to

 
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Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. 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:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. 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:
1. X owner was handcuffed while search was going-on.
2. Tank was used to ram gate prior to announcement that  a search will be made
3. Persons who were not respondents were searched

Article 130
 ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:
1. That the offender is a public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches the domicile, papers or other belongings of any person
4. 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.
1. Homeowner
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2. Members of the family of sufficient age and discretion
3. Responsible members of the community (can’t be influenced by the searching
party)

Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS
 ELEMENTS:
1. Offender is a public officer or employee
2. He performs any of the ff. acts:
1. prohibiting or interrupting, without legal ground the holding of a peaceful meeting,
or dissolving the same (e.g. denial of permit in arbitrary manner).
2. 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, it’s 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 there’s no permit, officer is liable for stopping
the meeting.

Article 132
INTERRUPTION OF RELIGIOUS WORSHIP
 ELEMENTS:
1. That the officer is a public officer or employee
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2. That religious ceremonies or manifestations of any religion are about to take
place or are going on
3. 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, it’s 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, he’s not.

Article 133
OFFENDING RELIGIOUS FEELINGS
 ELEMENTS:
1. That the acts complained of were performed –
1. in a place devoted to religious feelings, or (for this element, no need of religious
ceremony, only the place is material)
2. during the celebration of any religious ceremony
2. That the acts must be notoriously offensive to the feelings of the faithful
(deliberate intent to hurt the feelings)
3. The offender is any person
4. 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.
Nature of Who are
CRIME Crime Liable If Element Missing

Prohibition, Crime against Public If not by public officer

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Interruption
and
Dissolution of
Peaceful the fundamental officers,
Meeting (131) law of the state Outsiders = tumults

If by insider = unjust
vexation

If not religious =
tumult or alarms

If not notoriously
Interruption of Crime against Public offensive = unjust
Religious the fundamental officers, vexation
Worship (132) law of the state Outsiders

If not tumults = alarms

and scandal
Public
officers, If meeting illegal at
Offending the private onset = inciting to
Religious Crime against persons, sedition or rebellion
Feeling (133) public order outsiders