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Crim 2 Reviewer

Crim 2 Reviewer

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Published by Diory Rabajante

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Published by: Diory Rabajante on Apr 06, 2009
Copyright:Attribution Non-commercial


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114TreasonFILIPINOCITIZENAlien residingin the Phil.- who levies war againstthe Phil- who adheres to her enemies by giving themaid/comfort in the Phil or elsewherewho commits treason asabove stated.There is treason where:
there is atestimony of atleast twowitnesses
stating thesame overt actsconfession of the accusedin open courtThere is war inwhich the Phil isinvolvedPhilippines or elsewherePhilippines
Reclusionperpetuadeath + finenot exceeding100T
RT – death +fine notexceeding100TPurpose of levying –execute a treasonabledesign by forceSame as who, when, howAbsorbs other crimes whenelected as suchContinuous offenseAggravating – cruelty andignominyNot aggravating – evidentpremeditation and superior strength or treachery115Conspiracyandproposal tocommittreason:PenaltyTwo or morepersons whocome to anagreementand decide tocommit itA person Whohas decidedand proposesits executionto some other person or persons- Levy war against thegov’t- adhere to the enemiesand give them aid/comfort- to levy war against thegov’t- or adhere to theenemies and give themaid and comfort
PM + fine notexceeding10,000T
PC + fine notexceeding 5T
116Misprisionof Treasonnon-foreigner persons owingallegiance tothe gov’t of thePhil. islands- has knowledge of anyconspiracy against themconceals/does notdisclose and make knownof the same- does not make known toa.) the gov or fiscal of theprov and b.) mayor or fiscal of the city where heresidesAccessory to treasonSame as who and how117 Espionageperson a who entersWarship, Fort, PCin order to obtain Par 1
Person inpublic officewho has in hispossession the Articles,Data or info referred inthe preceding par anddiscloses its contents to arepresentative of aforeign nation.Naval/militaryestablishmentor ReservationPenalty next higher indegree = offender =public officer or employeeInformation, Plans,Photographs, Other data- of a confidentialnature- relative to thedefense of the PhilArchi
offender enters anyof the placesmentioned
he has no authoritytherefore
his purpose is toobtain info, plans,photographs, or other data of aconfidential naturerelative to thedefense of the Phil.Par 2
the offender is apublic officer 
he has in hispossession the ADIreferred in par 1 byreason of the publicoffice he holds
he discloses their contents to arepresentative of aforeign nation
118Inciting towar/givingmotives for reprisals- publicofficer/employee- privateindividuals- via unlawful or unauthorized acts Reclusion temporalPrision mayor - provokes or givesoccasion for war involving or liable toinvolve the PhilIslands- exposes Fil citizensto reprisals on their 
the offender performsunlawful or unauthorized acts
that such actsprovoke/giveoccasion for a war involving/liable toinvolve the Phil. or expose Fil. citizensreprisals on their persons or property119Violation oneutralityanyone who- violates any regulationissued by competentauthority for thepurpose of enforcing nuetrality- on occasion of war in which the gov’t isnot involvedPrision Coreccional
there is war in whichthe Phil. is notinvolved
there is a regulationissued by competentauthority for thepurpose of enforcingneutrality
the offender violatessuch regulation120CorrespondencAny personhas correspondence in time of warSame with who, how, The ff must concur:
e with hostilecountrywith the enemycountry/territoryoccupied by enemytroopsPCPMRT RT - deathcircumstance qualifying theoffense- the notice/info must beuseful to the enemy- the offender intended to aidthe enemy* not qualifying (exactly)1. correspondence isprohibited by the Gov’t2. correspondence is carriedon ciphers/conventional signs3.a notice/info is given whichmight be useful to the enemy3.b offender intended to aidthe enemy by givingnotice/info121Flight toenemy’s country- person whoowingallegiance to theGov’tattempts to flee or to goto an enemy countrywhen prohibited bycompetent authorityAM
there is a war inwhich the Phil isinvolved
offender owesallegiance to thegov’t
offender attempts toflee to the enemycountry
going to enemycountry is prohibitedby competentauthorityMere attempt to flee theenemy country consummatesthe crime. Provided it isprohibited by competentauthority
122Ditto(title)Any person not amember/passenger of its complementseize the
whole or part of the cargo of saidvessel
its equipmentpersonal belongings of itscomplement/passengerson the highseas or Philwaters attackor seize avesselRPSame as who, how and where123QualifiedpiracyPersons whocommit the crimein 121 provided:
seized the vesselby boarding or firing upon thesame
piratesabandoned their victims withoutmeans of savingthemselvesRP - death

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