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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 an enemy country;
(4)Going to the enemy country is prohibited by competent authority.
Penalty: Arresto mayor.
Art. 122. Piracy in general and mutiny on the high seas or in
Philippine waters.
Elements of piracy:
(1)The vessel is on 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 a vessel on the high seas or in Philippine waters;
(b)seize in the vessel while on the high seas or in Philippine waters
the whole or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers.
(4)There is intent to gain.
Penalty: Reclusion perpetua.
Elements of mutiny:
(1)The vessel is on high seas or Philippine waters;
(2)Offenders are members of its complement or passengers of the
vessel;
(3)Offenders either
(a) attack or seize a vessel on the high seas or Philippine waters;
(b)seize in the vessel while on the high seas or in Philippine waters
the whole or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers.
Penalty: Reclusion perpetua.
Art. 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 the cargo, its equipment, or in personal
belongings of the 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.
Penalty: Reclusion perpetua to death.
TITLE TWO
Crimes against the Fundamental Laws of the State
CHAPTER ONE
Penalties:
(1)Arresto mayor in its maximum period to prision correccional in its
minimum period, if the delay has not exceeded three (3) days;
(2)Prision correccional in its medium and maximum periods, if the
delay has continued for more than three (3) days but not more than
fifteen (15) days;
(3)Prision mayor, if the delay has continued for more than fifteen (15)
days but not more than six (6) months; and
(4)Reclusion temporal, if the delay shall have exceeded six (6) months.
Art. 127. Expulsion.
Elements:
(1)Offender is a public officer or employee;
(2)He either
(a) expels any person from the Philippines; or
(b)compels such person to change his residence;
(3)offender is not authorized to do so under law.
Penalty: Prision correccional.
Art. 128. Violation of domicile.
Elements:
(1)Entering any dwelling against the will of the owner thereof;
(2)Searching papers or other effects found therein without the pervious
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.
Common elements:
(1)Offender is a public officer or employee;
(2)He is not authorized by judicial order to enter the dwelling or to
make a search therein for papers or other effects.
Penalties:
(1)Prision correccional in its minimum period, in general.
(2)Prision correccional in its medium and maximum periods, if the
offense be committed in the nighttime, or if any papers or effects
not constituting evidence of a crime be not returned immediately
after the search made by the offender.
Art. 129. Search warrants maliciously obtained, and abuse in the
service of those legally obtained.
Acts punished and their respective elements:
(1)Procuring a search warrant without just cause.
(a) Offender is a public officer or employee;
(b)He procures a search warrant;
(c) There is no just cause.
(2)Exceeding authority or using unnecessary severity in executing a
search warrant legally procured.
(a) Offender is a public officer or employee;
(b)He has legally procured a search warrant;
(c) He exceeds his authority or uses unnecessary severity in
executing the same.
Penalty: In addition to the liability attaching to the offender for the
commission of any other offense, the penalty of arresto mayor in its
maximum period to prision correccional in its minimum period and a fine not
exceeding P1,000.
Art. 130. Searching domicile without witnesses.
Elements:
(1)Offender is a public officer or employee;