Criminal Law Book 2 - Title One - Philippine Law Reviewers

11/23/2017 Criminal Law Book 2 Title One | Philippine Law Reviewers
Philippine Law Reviewers
Criminal Law Book 2 Title One
JAN 25
Posted by Magz
TITLE ONE
I. CRIMES AGAINST NATIONAL SECURITY
Article 114
ELEMENTS OF TREASON:
1. That the oender owes allegiance to the Government of the Philippines

2. That there is a war in which the Philippines is involved
3. That the oender 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

https://lawphilreviewer.wordpress.com/2012/01/25/criminal-law-book-2-title-one/ 1/14
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 sucient to convict yet. Y later saw the arms unloaded in a warehouse.
Will X + Y be sucient 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 Im guilty is not enough.
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 adavit during trial, even if assisted by
counsel is not enough.
Treason: breach of allegiance to the government, commi ed by a person who

owes allegiance to it. Allegiance: obligation of delity 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 commi ed 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 oce and discharge of ocial 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) inicts harm on Filipinos; c) it is disadvantageous to them.
3. Purpose of oender: to deliver the Philippines to enemy country; if merely to
change ocials not treason
4. Filipino citizens can commit treason outside the Philippines. But that of an
alien must be commi ed 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 ma ers.
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 a empted treason; mere a empt 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 traitors country or that which weaken and tend to weaken
the power of the same.
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 countrys policy. But membership in the police force
during the occupation is NOT treason.
Example: Giving information to, or commandeering foodstus 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, oender 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.
Article 116
MISPRISION OF TREASON
ELEMENTS:
1. That the oender 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 scal of the province or the mayor or scal of the
city in which he resides
Oender is punished as an accessory to the crime of treason

This crime does not apply if the crime of treason is already commi ed
Crime of omission
To report within a reasonable time depends on time, place and
circumstance the RPC did not x time.
RPC states 4 individuals, what if you report to some other high-ranking
government ocial? Ex. PNP Director? Judge Pimentel says any govt ocial
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 condential nature relative to the defense of the
Philippines.
ELEMENTS:
1. 1. That the oender 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 condential 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 oce holds
1. ELEMENTS: That the oender is a public ocer

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 oce he holds
3. That he discloses their contents to a representative of a foreign nation
Purpose: to gather data

Espionage: the oense of gathering, transmi ing, 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 oender 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 commi ed in time of peace, intent is immaterial

Inciting to war oender 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 ag. 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 oender violates such regulation
Govt must have declared the neutrality of the Phil in a war between 2 other
countries
It is neutrality of the Phil that is violated
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 oender 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 oense:
a. notice or information might be useful to the enemy
b. oender intended to aid the enemy
Hostile country exist only during hostilities or after the declaration of war
Correspondence to enemy country correspondence to ocials 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
Doesnt ma er if correspondence contains innocent ma ers if prohibited,

punishable
Article 121
FLIGHT TO ENEMYS COUNTRY
ELEMENTS
1. That there is a war in which the Philippines is involved

2. That the oender (Filipino or resident alien) must be owing allegiance to the
government
3. That the oender a empts to ee or go to enemy country
4. That going to enemy country is prohibited by competent authority
Mere a empt 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 Commi ing Piracy

1. By a acking 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 oenders are not members of its complement or passengers of the
vessel
3. That the oenders
1. a ack or seize that vessel or (hence, if commi ed 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 govt
PD 532 has been already repealed
Piracy in high seas jurisdiction is with any court where oenders 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 Unlawful resistance to a superior ocer,

the high seas, without lawful or the raising of commotion and
authority and done with animo disturbances on board a ship against the
furandi and in the spirit and authority of its commander
intention of universal hostility.
Intent to gain is an element.
A ack from outside. Oenders are A ack from the inside.

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).
Article 123
QUALIFIED PIRACY
CIRCUMSTANCES:
1. Whenever they have seized a vessel by boarding or ring 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 qualied mutiny)
Parricide/infanticide should be included (Judge Pimentel)

Note the new rape law. Death is imposed in certain types of rape
There is a conict between this provision and the provision on rape. Ex. If rape
is commi ed on someone below 7 death under the new rape law. But if rape
commi ed on someone below 7 during the time of piracy RP to death.
Irreconcilable.
Murder/rape/homicide/physical injuries must have been commi ed on the
passengers or complement
Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
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About Magz
First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the
College of Law but stopped going to law school for some reasons. I'm a passionate teacher
who has been teaching English to speakers of other languages and a person who likes
writing and blogging. I lost some important les and software when my computer broke
down so the reason I created this website is to preserve the notes, reviewers and digests I
collected when I was at the law school and at the same time, I want to help out law
students who do not have enough time to go and read books in the library.
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Posted on January 25, 2012, in Criminal Law and tagged Criminal Law Book 2 -
Title One. Bookmark the permalink. 5 Comments.
Leave a comment
Comments 5
zero | June 26, 2013 at 9:05 pm

ignorance of the law excuses no one quote
Glenn Legaspino | December 10, 2014 at 4:12 pm

Dont mind about the laws just do good..
ALFREDALESINBARREDO@YAHOO.COM | December 16, 2013 at 2:34 pm

PLEASE I AM LOOKING FOR SOME ADDITIONAL CRIMINAL BOOK TWO
CHAPTER ONE SECTION ONE TITLE ONE ARTICLE 114 TO ARTICLE 365
OKAY WITH ELEMENTS AND QUALIFICATIONS OF PENALTY
howard | April 1, 2017 at 12:33 am

mutiny have diferent meaning. am i right?
howard | April 1, 2017 at 12:35 am

mutiny have dierent meaning. am i right?
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11/23/2017 Criminal Law Book 2 Title One | Philippine Law Reviewers

Philippine Law Reviewers

Criminal Law Book 2 Title One

I. CRIMES AGAINST NATIONAL SECURITY

1. That the oender owes allegiance to the Government of the Philippines

5. Adheres to the enemies, giving them aid and comfort

Ways of proving treason:

1. 2 witnesses testifying to same overt act

2. Confession of the accused in open court. Arraignment, pre-trial, trial OK.

Treason: breach of allegiance to the government, commi ed by a person who

2. Serving in a puppet government (ministerial functions) and in order to serve

Treason cannot be proved by circumstantial evidence or by extra-judicial

Example: Financing arms procurement of enemy country. But giving of shelter is

Example: Giving information to, or commandeering foodstus for the enemy.

If you convict a person for treason by reason of irresistible force or

CONSPIRACY TO COMMIT TREASON

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

Mere agreement and decisions to commit treason is punishable

Oender is punished as an accessory to the crime of treason

Espionage by entering, without authority therefor, warship, fort, or naval or

1. 1. That the oender 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

Espionage by disclosing to the representative of a foreign nation the contents of

1. ELEMENTS: That the oender is a public ocer

Purpose: to gather data

II. CRIMES AGAINST LAWS OF

INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

1. That the oender performs unlawful or unauthorized acts

Crime is commi ed in time of peace, intent is immaterial

1. That there is war in which the Philippines is not involved

CORRESPONDENCE WITH HOSTILE COUNTRY

1. That it is in time of war in which the Philippines is involved

Circumstances qualifying the oense:

a. notice or information might be useful to the enemy

b. oender intended to aid the enemy

Doesnt ma er if correspondence contains innocent ma ers if prohibited,

FLIGHT TO ENEMYS COUNTRY

1. That there is a war in which the Philippines is involved

Mere a empt consummates the crime

2 Ways of Commi ing Piracy

1. That a vessel is on the high seas/Philippine waters

Robbery or forcible degradation on Unlawful resistance to a superior ocer,

A ack from outside. Oenders are A ack from the inside.

Parricide/infanticide should be included (Judge Pimentel)

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

zero | June 26, 2013 at 9:05 pm

Glenn Legaspino | December 10, 2014 at 4:12 pm

ALFREDALESINBARREDO@YAHOO.COM | December 16, 2013 at 2:34 pm

howard | April 1, 2017 at 12:33 am

howard | April 1, 2017 at 12:35 am

Create a free website or blog at WordPress.com.

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