Title XI.

Crimes against Chastity

ARTICLE 333 - ADULTERY Elements:
(1) that the woman is married;
(2) that she has sexual intercourse with a man not her husband;
(3) that as regards the man with whom she has sexual intercourse: he must know her to be
married
ARTICLE 334 - CONCUBINAGE Elements:
(1) That the man must be married;
(2) That he committed any of the following acts:
(a) keeping a mistress in the conjugal dwelling;
(b) Having sexual intercourse under scandalous circumstance with a woman not his wife;
(c) Cohabiting with her in any other place;
(3) That as regards the woman, she must know him to be married
ARTICLE 336 - ACTS OF LASCIVIOUSNESS Elements:
(1) That the offender commits any act of lasciviousness or lewdness;
(2) That the is committed against a person of either sex;
(3) That is done under any of the ff. circumstances:
(a) By using force or intimidation; or
(b) When the offended party is deprived of reason or otherwise unconscious;
(c) When the offended party is under 12 years of age or is demented.
Acts of Lasciviousness v. Grave Coercion

Acts of Lasciviousness Grave Coercion

Compulsion or force is included in the Compulsion or force is the very act
constructive element of force constituting the offense of grave coercion.
Must be accompanied by acts of Moral compulsion amounting to intimidation
lasciviousness or lewdness. is sufficient.

Acts of Lasciviousness v. Attempted Rape

Acts of Lasciviousness Attempted Rape
Same means of committing the crime:
(1) Force, threat, or intimidation is employed; or
(2) By means of fraudulent machination or grave abuse of authority; or
(3) The offended party is deprived of reason or otherwise unconscious; or
(4) Victim is under 12 yrs. of age or is demented
Offended party is a person of either sex
The performance of acts of lascivious character
Acts performed do not indicate that the Acts performed clearly indicate that the
accused was to lie w/ the offended party. accused’s purpose was to lie w/ the offended
woman
Lascivious acts are the final objective sought Lascivious acts are only the preparatory acts
by the offender to the commission of rape
Abuses against chastity (Art. 245) vs. Acts of lasciviousness (Art. 336)

Offenses against Chastity Abuses against Chastity

Committed by a private individual, in most Committed by a public officer only
cases
Some act of lasciviousness should have been Mere immoral or indecent proposal made
executed by the offender. earnestly and persistently is sufficient

ARTICLE 337 - QUALIFIED SEDUCTION Elements:

(1) That the offended party is a virgin, which is presumed if she is unmarried and of good
reputation;
(2) That the she must be over 12 and under 18 yrs. of age; (13-17 years 11 months 29 days)
(3) That the offender has sexual intercourse with her;
(4) That the there is abuse of authority, confidence, or relationship on the part of the offender.
Seduction - enticing a woman to unlawful sexual intercourse by promise of marriage or other
means of persuasion without use of force. It applies when there is abuse of authority (qualified
seduction) or deceit (simple seduction).
Two classes of Qualified Seduction:

• Seduction of a virgin over 12 years and under 18 years of age by certain persons such as, a
person in authority, priest, teacher or any person who, in any capacity shall be entrusted
with the education or custody of the woman seduced.
• Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age
or reputation.
Virgin - a woman of chaste character and of good reputation. The offended party need not be
physically a virgin.

Consented Abduction Qualified Seduction

Means Requires the taking away of Requires abuse of authority,
the victim w/ her consent confidence or relationship
Act Offender has sexual Taking away with lewd
intercourse designs
Wronged The gorl The girl’s family

ARTICLE 338 - SIMPLE SEDUCTION Elements:

(1) That the offended party is over 12 and under 18 years of age;
(2) That she is of good reputation, single or widow;
(3) That the offender has sexual intercourse with her;
(4) That it is committed by means of deceit.
ARTICLE 339 - ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED
PARTY Elements:
(1) Offender commits acts of lasciviousness or lewdness;
(2) The acts are committed upon a woman who is a virgin or single or widow of good
reputation, under 18 yrs. of age but over 12 yrs., or a sister or descendant, regardless of
her reputation or age;
(3) The offender accomplishes the acts by abuse of authority, confidence, relationship, or
deceit.
ARTICLE 340 - CORRUPTION OF MINORS Acts punishable:

• The promotion or facilitation of the prostitution or corruption of persons under age

(minors), to satisfy the lust of another
ARTICLE 341 - WHITE SLAVE TRADE Acts punishable:
(1) Engaging in business of prostitution
(2) Profiting by prostitution
(3) Enlisting the services of women for the purpose of prostitution
ARTICLE 342 - FORCIBLE ABDUCTION Elements:
(1) The person abducted is any woman, regardless of her age, civil status or reputation;
(2) The abduction is against her will;
(3) The abduction is with lewd designs.
Abduction – the taking away of a woman from her house or the place where she may be for the
purpose of carrying her to another place with the intent to marry or to corrupt her.
ARTICLE 343 - CONSENTED ABDUCTION Elements:
(1) Offended party is a virgin;
(2) She is over 12 and under 18 yrs. of age;
(3) Offender takes her away with her consent, after solicitation or cajolery from the offender;
(4) The taking away is with lewd designs.

RA 7877 – Anti-Sexual Harassment Act R.A. 8046 (lawphil.net)

Section 3. Work, Education or Training -Related, Sexual Harassment Defined. - Work, education
or training-related sexual harassment is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other
person who, having authority, influence or moral ascendancy over another in a work or training
or education environment, demands, requests or otherwise requires any sexual favor from the
other, regardless of whether the demand, request or requirement for submission is accepted by
the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment
or continued employment of said individual, or in granting said individual favorable
compensation, terms of conditions, promotions, or privileges; or the refusal to grant the
sexual favor results in limiting, segregating or classifying the employee which in any way
would discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employee;
(2) The above acts would impair the employee's rights or privileges under existing labor laws;
or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the
employee.
(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the
offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting
of honors and scholarships, or the payment of a stipend, allowance or other benefits,
privileges, or consideration; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for
the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein
defined, or who cooperates in the commission thereof by another without which it would not have
been committed, shall also be held liable under this Act.

RA 11313 – Safe Spaces Act

https://lawphil.net/statutes/repacts/ra2019/ra_11313_2019.html
Section 4. Gender-Based Streets and Public Spaces Sexual Harassment. -The crimes of
gender-based streets and public spaces sexual harassment are committed through any unwanted
and uninvited sexual actions or remarks against any person regardless of the motive for
committing such action or remarks.
Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling,
unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent
uninvited comments or gestures on a person’s appearance, relentless requests for personal details,
statement of sexual comments and suggestions, public masturbation or flashing of private parts,
groping, or any advances, whether verbal or physical, that is unwanted and has threatened one’s
sense of personal space and physical safety, and committed in public spaces such as alleys, roads,
sidewalks and parks. Acts constitutive of gender-based streets and public spaces sexual
harassment are those performed in buildings, schools, churches, restaurants, malls, public
washrooms, bars, internet shops, public markets, transportation terminals or public utility
vehicles.
Section 5. Gender-Based Sexual Harassment in Restaurants and Cafes, Bars and Clubs, Resorts
and Water Parks, Hotels and Casinos, Cinemas, Malls, Buildings and Other Privately-Owned
Places Open to the Public.
Section 6. Gender-Based Sexual Harassment in Public Utility Vehicles. -In addition to the
penalties in this Act, the Land Transportation Office (LTO) may cancel the license of perpetrators
found to have committed acts constituting sexual harassment in public utility vehicles, and the
Land Transportation Franchising and Regulatory Board (LTFRB) may suspend or revoke the
franchise of transportation operators who commit gender-based streets and public spaces sexual
harassment acts. Gender-based sexual harassment in public utility vehicles (PUVs) where the
perpetrator is the driver of the vehicle shall also constitute a breach of contract of carriage, for the
purpose of creating a presumption of negligence on the part of the owner or operator of the vehicle
in the selection and supervision of employees and rendering the owner or operator solidarity
liable for the offenses of the employee.
Section 7. Gender-Based Sexual Harassment in Streets and Public Spaces Committed by
Minors.
Section 12. Gender-Based Online Sexual Harassment. -Gender-based online sexual
harassment includes acts that use information and communications technology in terrorizing and
intimidating victims through physical, psychological, and emotional threats, unwanted sexual
misogynistic, transphobic, homophobic and sexist remarks and comments online whether
publicly or through direct and private messages, invasion of victim’s privacy through
cyberstalking and incessant messaging, uploading and sharing without the consent of the victim,
any form of media that contains photos, voice, or video with sexual content, any unauthorized
recording and sharing of any of the victim’s photos, videos, or any information online,
impersonating identities of victims online or posting lies about victims to harm their reputation,
or filing, false abuse reports to online platforms to silence victims.
Section 15. Qualified Gender-Based Streets, Public Spaces and Online Sexual Harassment. -The
penalty next higher in degree will be applied in the following cases:

(a) If the act takes place in a common carrier or PUV, including, but not limited to, jeepneys,
taxis, tricycles, or app-based transport network vehicle services, where the perpetrator is
the driver of the vehicle and the offended party is a passenger;
(b) If the offended party is a minor, a senior citizen, or a person with disability (PWD), or a
breastfeeding mother nursing her child;
(c) If the offended party is diagnosed with a mental problem tending to impair consent;
(d) If the perpetrator is a member of the uniformed services, such as the PNP and the Armed
Forces of the Philippines (AFP), and the act was perpetrated while the perpetrator was in
uniform; and
(e) If the act takes place in the premises of a government agency offering frontline services to
the public and the perpetrator is a government employee.
Section 16. Gender-Based Sexual Harassment in the Workplace. -The crime of gender-based
sexual harassment in the workplace includes the following:

(a) An act or series of acts involving any unwelcome sexual advances, requests or demand for
sexual favors or any act of sexual nature, whether done verbally, physically or through the
use of technology such as text messaging or electronic mail or through any other forms of
 information and communication systems, that has or could have a detrimental effect on
the conditions of an individual’s employment or education, job performance or
opportunities;
(b) A conduct of sexual nature and other conduct-based on sex affecting the dignity of a
person, which is unwelcome, unreasonable, and offensive to the recipient, whether done
verbally, physically or through the use of technology such as text messaging or electronic
mail or through any other forms of information and communication systems;
(c) A conduct that is unwelcome and pervasive and creates an intimidating, hostile or
humiliating environment for the recipient: Provided, That the crime of gender-based
sexual harassment may also be committed between peers and those committed to a
superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee;
and
(d) Information and communication system refers to a system for generating, sending,
receiving, storing or otherwise processing electronic data messages or electronic
documents and includes the computer system or other similar devices by or in which data
are recorded or stored and any procedure related to the recording or storage of electronic
data messages or electronic documents.

Title XIV. Quasi-Offenses

ARTICLE 365 - IMPRUDENCE AND NEGLIGENCE Quasi-offenses punished:
(1) Committing through reckless imprudence any act which, had it been intentional, would
constitute a grave or less grave felony or light felony;
(2) Committing through simple imprudence or negligence an act which would otherwise
constitute a grave or a less serious felony;
(3) Causing damage to the property of another through reckless imprudence or simple
imprudence or negligence;
(4) Causing through simple imprudence or negligence some wrong which, if done
maliciously, would have constituted a light felony
Reckless Imprudence:
(1) The offender does or fails to do an act
(2) The doing of or the failure to do the act is voluntary
(3) It be without malice
(4) Material damage results
(5) There is inexcusable lack of precaution on the part of the offender, taking into
consideration:
(a) His employment/occupation
(b) Physical condition
(c) Degree of intelligence
(d) Other circumstances regarding the persons, time and place
Simple Imprudence
(1) There is lack of precaution on the part of the offender
(2) The damage impending to be caused is not immediate or the danger is not clearly
manifest.
 Title II. Crimes against Fundamental Laws of the State
ARTICLE 124 - ARBITRARY DETENTION Elements:
(1) That the offender is a public officer or employee
(2) That he detains a person
(3) That the detention is without a legal ground.

Arbitrary Illegal Detention Unlawful Arrest

Detention
Offender Public officer who 1) Private person; OR Any person
has authority to make (2) Public officer who
arrests and detain is acting in a private
persons capacity or beyond
the scope of his
official duty
Criminal Intent Violate the offended Deprive the offended Accuse the offended
party’s constitutional party of his personal party of a crime he
freedom against liberty did not commit,
warrantless arrest deliver him to the
proper authority, and
file the necessary
charges to
incriminate him

ARTICLE 125 - DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER

JUDICIAL AUTHORITIES Elements:
(1) Offender is a public officer or employee
(2) He detains a person for some legal ground
(3) He fails to deliver such person to the proper judicial authorities within –
(a) 12 hours for light penalties
(b) 18 hours for correctional penalties
(c) 36 hours for afflictive or capital penalties
ARTICLE 126 - DELAYING RELEASE Elements:
(1) Offender is a public officer or employee
(2) There is a:
(a) Judicial or executive order for the release of a prisoner or detention prisoner, OR
(b) A proceeding upon a petition for the liberation of such person
(3) Offender without good reason delays –
(a) The service of the notice of such order to the prisoner
 (b) The performance of such judicial or executive order for the release of the prisoner;
OR
(c) The proceedings upon a petition for the release of such person
ARTICLE 127 – EXPULSION Elements:
(1) (1) Offender is a public officer or employee
(2) (2) He either –
(a) Expels any person from the Philippines; OR
(b) Compels a person to change residence
(c) Offender is not authorized to do so by law.
ARTICLE 128 - VIOLATION OF DOMICILE

• Acts punished:
(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, OR
(3) Refusing to leave the premises, after having surreptitiously entered said dwelling and
after having been required to leave the same
• Elements COMMON to the three acts:
(1) Offender is a public officer or employee
(2) He is not authorized by judicial order –
(a) To enter the dwelling;
(b) To make a search therein for papers or other effects; or
(c) He refuses to leave, after having surreptitiously entered such dwelling and been
required to leave the same
• RULE 113 OF THE REVISED RULES OF COURT: a public officer, who breaks into the
premises, incurs no liability WHEN a person to be arrested enters said premises and closes
it thereafter, provided that the officer first gives a notice of arrest.
• The offender must be a public officer or employee. If the offender is a private individual,
then the crime is trespass to dwelling under Article 280.
ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY OBTAINED, AND ABUSE IN THE
SERVICE OF THOSE LEGALLY OBTAINED

• Elements of procuring a search warrant without just cause:

(1) Offender is a public officer or employee
(2) He procures a search warrant
(3) There is no just cause
• Elements of exceeding authority or using unnecessary severity in executing a search
warrant legally procured:
(1) Offender is a public officer or employee
(2) He has legally procured a search warrant
(3) He exceeds his authority or uses unnecessary severity in executing the same.
ARTICLE 130 - SEARCHING DOMICILE WITHOUT WITNESSES Elements:
(1) Offender is a public officer or employee
(2) He is armed with search warrant legally procured
 (3) He searches the domicile, papers or other belongings of any person
(4) The owner, or any members of his family, or two witnesses residing in the same locality
are not present.
ARTICLE 131 - PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL
MEETINGS Elements:
(1) Offender is a public officer or employee
(2) He performs any of the following acts:
(a) Prohibiting or interrupting, without legal ground, the holding of a peaceful meeting,
or by dissolving the same
(b) Hindering any person from joining any lawful association, or from attending any of its
meetings
(c) 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
ARTICLE 132 - INTERRUPTION OF RELIGIOUS WORSHIP Elements:
(1) Offender is a public officer or employee
(2) Religious ceremonies or manifestations of any religion are about to take place or are going
on
(3) Offender prevents or disturbs the same
ARTICLE 133 - OFFENDING THE RELIGIOUS FEELINGS

• Elements:
(1) Acts complained of were performed in a place devoted to religious worship, OR during
the celebration of any religious ceremony
(2) The acts must be notoriously offensive to the feelings of the faithful.
• An act is NOTORIOUSLY OFFENSIVE to the religious feelings when a person:
(1) Ridicules or makes light of anything constituting religious dogma
(2) Works or scoffs at anything devoted to religious ceremonies
(3) Plays with or damages or destroys any object of veneration of the faithful

RA 4200: ANTI-WIRETAPPING ACT

Section 1. It shall be unlawful for any person, not being authorized by all the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such communication or spoken word by
using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or
tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in
the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or
any other such record, or copies thereof, of any communication or spoken word secured either
before or after the effective date of this Act in the manner prohibited by this law; or to replay the
same for any other person or persons; or to communicate the contents thereof, either verbally or
in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person:
Provided, That the use of such record or any copies thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this
prohibition.
Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be
done any of the acts declared to be unlawful in the preceding section or who violates the provisions
of the following section or of any order issued thereunder, or aids, permits, or causes such
violation shall, upon conviction thereof, be punished by imprisonment for not less than six
months or more than six years and with the accessory penalty of perpetual absolute
disqualification from public office if the offender be a public official at the time of the commission
of the offense, and, if the offender is an alien he shall be subject to deportation proceedings.
For a valid court order to be granted, the crimes committed (or to be committed) by the suspects
should be the following:
1. Treason
2. Espionage
3. Provoking war and disloyalty in case of war
4. Piracy
5. Mutiny on the high seas
6. Rebellion
7. Conspiracy to commit rebellion
8. Inciting to rebellion
9. Sedition
10. Inciting to sedition
11. Kidnapping
12. Violations of CA 616 (espionage and other offenses against national security)

Title I. Crimes against National Security and the Law of Nations

ARTICLE 114 - TREASON
MODE 1: Levying War

• Elements:
(1) The offender is a Filipino or resident alien
(2) There is a war in which the Philippines is involved
(3) The offender levies war against the government
• Requirements: Levying war requires the concurrence of two things:
(1) that there must be an actual assembling of men;
(2) for the purpose of executing a treasonable design by force.
MODE 2: Adherence to the Enemy and Giving of Aid or Comfort

• Elements:
(1) The offender is a Filipino or resident alien
(2) There is a war in which the Philippines is involved
(3) That the offender adheres to the enemies, giving them aid or comfort
• Adherence to the enemy means intent to betray.
 • Aid or comfort means an act which strengthens or tends to strengthen the enemy in the
conduct of war against the traitor’s country and an act which weakens or tends to weaken
the power of the traitor’s country to resist or to attack the enemy.
Two Ways of Proving Treason (1)Testimony of at least two witnesses to the same overt act; or
(2)Confession of accused in open court.
ARTICLE 115 - CONSPIRACY AND PROPOSAL TO COMMIT TREASON

• CONSPIRACY TO COMMIT TREASON Elements:

(1) There is a war in which the Philippines is involved
(2) At least two persons come to an agreement to –
(a) Levy war against the government; or
(b) Adhere to the enemies, giving them aid or comfort
(3) That person proposes its execution to other persons
(4) They decide to commit it
• PROPOSAL TO COMMIT TREASON Elements:
(1) There is a war in which the Philippines is involved
(2) At least one person decides to
(a) Levy war against the government; or
(b) Adhere to the enemies, giving them aid or comfort
ARTICLE 116 - MISPRISION OF TREASON Elements:
(1) Offender owes allegiance to the government, and is not a foreigner
(2) He has knowledge of conspiracy to commit treason against the government
(3) He conceals or does not disclose and make known the same as soon as possible to the
governor or fiscal of the province in which he resides, or the mayor or fiscal of the city in
which he resides
ARTICLE 117 – ESPIONAGE

• MODE 1: Entering of establishment to obtain confidential information regarding defense

of the Philippines Elements:
(1) That the offender enters a warship, fort, or naval or military establishment or
reservation;
(2) That he has no authority therefor;
(3) That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines.
• MODE 2: Disclosing by public officer of confidential information to a foreign
representative Elements:
(1) That the offender is a public officer;
(2) That he has in his possession the articles, data or information of a confidential nature
relative to the defense of the Philippines, by reason of the public office he holds;
(3) That he discloses their contents to a representative of a foreign nation.

ESPIONAGE TREASON
Not conditioned by the citizenship of the offender
May be committed both in time of war and in Committed only in time of war
time of peace
May be committed in many ways Limited only to two ways of committing the
crime: levying of war and adhering to the
enemy giving him aid or comfort

Crimes against the Law of Nations

ARTICLE 118 - INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS Elements:
(1) Offender performs unlawful or unauthorized acts
(2) The acts provoke or give occasion for
(a) A war involving or liable to involve the Philippines; or
(b) Exposure of Filipino citizens to reprisals on their persons or property
ARTICLE 119 - VIOLATION OF NEUTRALITY

• Elements:
(1) There is a war in which the Philippines is not involved
(2) There is a regulation issued by a competent authority to enforce neutrality
(3) Offender violates the regulation
• Definition of neutrality. A nation or power which takes no part in a contest of arms going
on between other countries.
ARTICLE 120 - CORRESPONDENCE WITH HOSTILE COUNTRY

• Elements:
(1) It is in time of war in which the Philippines is involved
(2) Offender makes correspondence with an enemy country or territory occupied by
enemy troops
(3) The correspondence is either –
(a) Prohibited by the government, or
(b) Carried on in ciphers or conventional signs, or
(c) Containing notice or information which might be useful to the enemy
• Definition of Correspondence. Communication by means of letters which pass between
those who have friendly or business relations. Even if the correspondence contains
innocent matters, if the correspondence has been prohibited by the Government, it is
punishable.
• If the offender intended to aid the enemy by giving such notice or information, the crime
amounts to treason; hence, the penalty is the same as that for treason.
ARTICLE 121 - FLIGHT TO ENEMY'S COUNTRY Elements:
(1) There is a war in which the Philippines is involved
(2) Offender must be owing allegiance to the government
(3) Offender attempts to flee or go to enemy country
(4) Going to the enemy country is prohibited by compete
ARTICLE 122 - PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE
WATERS

• Elements:
(1) The vessel is on the high seas or Philippine waters
(2) Offenders are neither members of its complement nor passengers of the vessel
(3) Offenders either –
(a) Attack or seize that vessel; or
(b) Seize the whole or part of its cargo, its equipment or personal belongings of its
complement or passengers
(4) There is intent to gain
• Definition of Piracy. It is robbery or forcible depredation on the high seas, without lawful
authority and done with animo furandi and in the spirit and intention of universal hostility
• Definition of Mutiny. It is the unlawful resistance to a superior officer, or the raising of
commotions and disturbances

PIRACY MUTINY
Persons who attack the vessel or seize its Persons who attack the vessel or seize its
cargo are strangers to said vessels cargo are members of the crew or passengers
Intent to gain is essential Intent to gain is not essential. The offenders
may only intend to ignore the ship’s officers
or they may be prompted by a desire to
commit plunder

ARTICLE 123 - QUALIFIED PIRACY Elements:

(1) The vessel is on the high seas or Philippine waters
(2) Offenders may or may not be members of its complement, or passengers of the vessel
(3) Offenders either –
(a) Attack or seize the vessel; or
(b) Seize the whole or part of its cargo, its equipment, or personal belongings of its crew
or passengers
(4) The preceding were committed under any of the following circumstances:
(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; or
(c) Whenever the crime is accompanied by murder, homicide, physical injuries or rape

RA 11479: THE ANTI-TERRORISM ACT Republic Act No. 11479 (lawphil.net)

Section 4. Terrorism.- Subject to Section 49 of this Act, terrorism is committed by any person
who, within or outside the Philippines, regardless of the stage of execution:
(a) Engages in acts intended to cause death or serious bodily injury to any person, or endangers a
person's life;
(b) Engages in acts intended to cause extensive damage or destruction to a government or public
facility, public place or private property;
(c) Engages in acts intended to cause extensive interference with, damage or destruction to critical
infrastructure;
(d) Develops, manufactures, possesses, acquires, transports, supplies or uses weapons, explosives
or of biological, nuclear, radiological or chemical weapons; and
(e) Release of dangerous substances, or causing fire, floods or explosions. (ACTUS REUS)
when the purpose of such act, by its nature and context, is to intimidate the general public or a
segment thereof, create an atmosphere or spread a message of fear, to provoke or influence by
intimidation the government or any international organization, or seriously destabilize or destroy
the fundamental political, economic, or social structures of the country, or create a public
emergency or seriously undermine public safety, shall be guilty of committing terrorism and shall
suffer the penalty of life imprisonment without the benefit of parole and the benefits of Republic
Act No. 10592, otherwise known as "An Act Amending Articles 29, 94, 97, 98 and 99 of Act No.
3815, as amended, otherwise known as the Revised Penal Code". Provided, That, terrorism as
defined in this section shall not include advocacy, protest, dissent, stoppage of work, industrial or
mass action, and other similar exercises of civil and political rights, *which are not intended to
cause death or serious physical harm to a person, to endanger a person's life, or to create a serious
risk to public safety. (MENS REA)
*declared unconstitutional because it is vague (subject to different interpretations)
Section 5. Threat to Commit Terrorism.- Any person who shall threaten to commit any of the acts
mentioned in Section 4 hereof shall suffer the penalty of imprisonment of twelve (12) years.
Section 6. Planning, Training, Preparing, and facilitating the Commission of Terrorism.- it shall
be unlawful for any person to participate in the planning, training, preparation and facilitation in
the commission of terrorism, possessing objects connected with the preparation for the
commission of terrorism, or collecting or making documents connected with the preparation of
terrorism. Any person found guilty of the provisions of this Act shall suffer the penalty of life
imprisonment without the benefit of parole and the benefits of Republic Act No. 10592.
Section 7. Conspiracy to Commit Terrorism.- Any conspiracy to commit terrorism as defined and
penalized under Section 4 of this Act shall suffer the penalty of life imprisonment without the
benefit of parole and the benefit of Republic Act No. 10592.
There is conspiracy when two (2) or more persons come to an agreement concerning the
commission of terrorism as defined in Section 4 hereof and decide to commit the same.
Section 8. Proposal to Commit Terrorism.- Any person who proposes to commit terrorism as
defined in section 4 hereof shall suffer the penalty of imprisonment of twelve (12) years.
Section 9. Inciting to Commit Terrorism.- Any person who without taking any direct part in the
commission of terrorism, shall include others to the execution of any of the acts specified in
Section 4 hereof by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end, shall suffer the penalty of imprisonment of twelve (12)
years.
Section 10. Recruitment to and Membership in a Terrorist Organization.- Any person who shall
recruit another to participate in, join, commit or support terrorism or a terrorist individual or any
terrorist organization, association or group of persons proscribed under Section 26 of this Act, or
designated by the United Nations Security Council as a terrorist organization, or organized for the
purpose of engaging in terrorism, shall suffer the penalty of life imprisonment without the benefit
of parole and the benefits of Republic Act No. 10592.
The same penalty shall be imposed on any person who organizes or facilitates the travel of
individuals to a state other than their state of residence or nationality for the purpose of
recruitment which may be committed through any of the following means:
(a) Recruiting another person to serve in any capacity in or with an armed force in a foreign state,
whether the armed force forms part of the armed forces of the government of that foreign state or
otherwise;
(b) Publishing an advertisement or propaganda for the purpose of recruiting persons to serve in
any capacity in or with such armed force;
(c) Publishing an advertisement or propaganda containing any information relating to the place
at which or the manner in which persons may make applications to serve or obtain information
relating to service in any capacity in or with such armed force or relating to the manner in which
persons may travel to a foreign state for the purpose of serving in any capacity in or with such
armed force; or
(d) Performing any other act with intention of facilitating or promoting the recruitment of persons
to serve in any capacity in or with such armed force.
Any person who shall voluntarily and knowingly join any organization, association or group of
persons knowing that such organization, association or group of persons is proscribed under
Section 26 of this Act, or designated by the United Nations Security Council as a terrorist
organization, or organized for the purpose of engaging in terrorism, shall suffer the penalty of
imprisonment of twelve (12) years.
Section 11. Foreign Terrorist.- The following acts are unlawful and shall suffer the penalty of life
imprisonment without the benefit of parole and the benefits of Republic Act No. 10592:
(a) For any person to travel or attempt to travel to a state other than his/her state of residence or
nationality for the purpose of perpetrating, planning, or preparing for, or participating in
terrorism, or providing or receiving terrorist training;
(b) For any person to organize or facilitate the travel of individuals who travel to a state other than
their states of residence or nationality knowing that such travel is for the purpose of perpetrating,
planning, training, or preparing for, or participating in terrorism or providing or receiving
terrorist training; or
(c) For any person residing abroad who comes to the Philippines to participate in perpetrating,
planning, training, or preparing for, or participating in terrorism or provide support for or
facilitate or receive terrorist training here or abroad.
Section 12. Providing Material Support to Terrorists.- Any person who provides material support
to any terrorist individual or terrorist organization, association or group of persons committing
any of the acts punishable under Section 4 hereof, knowing that such individual or organization,
association, or group of persons is committing or planning to commit such acts, shall be liable as
principal to any and all terrorist activities committed by said individuals or organizations, in
addition to other criminal liabilities he/she or they may have incurred in relation thereto.

PD. 532: ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY

Section 2. Definition of Terms. The following terms shall mean and be understood, as follows:
a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs,
bays around, between and connecting each of the Islands of the Philippine Archipelago,
irrespective of its depth, breadth, length or dimension, and all other waters belonging to the
Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and
other submarine areas over which the Philippines has sovereignty or jurisdiction.
b. Vessel. Any 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.
c. Philippine Highway. It 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.
d. Piracy. 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.
e. Highway Robbery/Brigandage. 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 person or force upon things of other unlawful means, committed by any person
on any Philippine Highway.
Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as herein
defined, shall, upon conviction by competents court be punished by:
a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be
imposed. If physical injuries or other crimes are committed as a result or on the occasion
thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is
committed as a result or on the occasion of piracy, or when the offenders abandoned the
victims without means of saving themselves, or when the seizure is accomplished by firing
upon or boarding a vessel, the mandatory penalty of death shall be imposed.
b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum
period shall be imposed. If physical injuries or other crimes are committed during or on
the occasion of the commission of robbery or brigandage, the penalty of reclusion
temporal in its medium and maximum periods shall be imposed. If kidnapping for ransom
 or extortion, or murder or homicide, or rape is committed as a result or on the occasion
thereof, the penalty of death shall be imposed.
Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway
robbery/brigandage. Any person who knowingly and in any manner aids or protects pirates or
highway robbers/brigands, such as giving them information about the movement of police or
other peace officers of the government, or acquires or receives property taken by such pirates or
brigands or in any manner derives any benefit therefrom; or any person who directly or indirectly
abets the commission of piracy or highway robbery or brigandage, shall be considered as an
accomplice of the principal offenders and be punished in accordance with the Rules prescribed by
the Revised Penal Code.
It shall be presumed that any person who does any of the acts provided in this Section has
performed knowingly, unless the contrary is proven.

RA 6235: ANTI-HIJACKING LAW

Section 1. It shall be unlawful for any person to compel a change in the course or destination of an
aircraft of Philippine registry, or to seize or usurp the control thereof, while it is in flight. An
aircraft is in flight from the moment all its external doors are closed following embarkation until
any of such doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of foreign registry to land in
Philippine territory or to seize or usurp the control thereof while it is within the said territory.
Section 3. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any
passenger aircraft operating as a public utility within the Philippines, an explosive, flammable,
corrosive or poisonous substance or material.
Section 4. The shipping, loading or carrying of any substance or material mentioned in the
preceding section in any cargo aircraft operating as a public utility within the Philippines shall be
in accordance with regulations issued by the Civil Aeronautics Administration