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135842248-Crim-law

135842248-Crim-law

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Published by: Agnes Anne Garrido on Jun 25, 2013
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Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)Page 1 of 41
T
ITLE
I: C
RIMES
A
GAINST
N
ATIONAL
S
ECURITYAND THE
L
AW OF
N
ATIONS
 
1.
 
Treason2.
 
Conspiracy and Proposal to Commit Treason3.
 
Misprision of Treason4.
 
Espionage5.
 
Inciting to War and Giving Motives for Reprisal6.
 
Violation of Neutrality7.
 
Correspondence with Hostile Country8.
 
Flight to Enemy Country9.
 
Piracy and MutinyGR: committed in times of war
Except: espionage, inciting to war or giving motives forreprisal, violation of neutrality, piracy and mutiny
Elements
Crime Elements114Treason
1.
 
Offender is Filipino citizen or alien residing inRP2.
 
There is war in which the Philippines isinvolved3.
 
Offender either:a.
 
levies war against the governmenti. that there be actual assembling of men,ii. for the purpose of executing atreasonable design by force b.
 
or adheres to enemies, giving aid orcomfort
115ConspiracyandProposal toCommitTreason
Conspiracy to Commit TreasonProposal to Commit Treason
116Misprisionof Treason
1.
 
Offender must be owing allegiance to thegovernment and not a foreigner2.
 
He has knowledge of any conspiracy tocommit treason against the government3.
 
He conceals/does not disclose and makeknown the same as soon as possible togovernor/fiscal of province or mayor/fiscal of city in which he resides
117Espionage
1.
 
By entering, without authority therefore, awarship, fort or naval or militaryestablishment or reservation to obtain anyinformation, plans, photographs or other dataof a confidential nature relative to the defenseof the Philippinesa.
 
Offender enters any of the placesmentioned b.
 
He has no authority thereforec.
 
His purpose is to obtain info, plans, etc.of a confidential nature relative todefense of RP2.
 
By disclosing to representative of a foreignnation the contents of the articles, data, orinformation referred to in Par. No. 1 which hehad in his possession by reason of the publicoffice he holdsa.
 
Offender is a public officer b.
 
He has in his possession the articles, etc. by reason of the public office he holdsc.
 
He discloses their contents to arepresentative of a foreign nation
118Inciting toWar/GivingMotives
1.
 
Offender performs unlawful or unauthorizedacts2.
 
Such acts provoke or give occasion for a warinvolving or liable to involve RP or exposeFilipino citizens to reprisals on their personsor property
119Violation ofNeutrality
1.
 
War which the Philippines is not involved2.
 
There is a regulation issued by competentauthority for the purpose of enforcingneutrality3.
 
Offender violates such regulation
120Corres-pondencewith HostileCountry
1.
 
Time of war in which the Philippines isinvolved2.
 
Offender makes correspondence with enemycountry or territory occupied by enemy troops3.
 
The correspondence is eithera.
 
Prohibited by the government b.
 
Carried in ciphers or conventional signsc.
 
Containing notice or information whichmight be useful to the enemy
121Flight toEnemy’sCountry
1.
 
There is a war which the Philippines isinvolved2.
 
Offender must be owing allegiance togovernment3.
 
Offender attempts to flee or go to enemycountry4.
 
Going to enemy country is prohibited bycompetent authority
122Piracy inGeneral andMutiny onthe HighSeas or inPhilippineWaters
1.
 
Vessel is on the high seas or in RP waters2.
 
Offenders are not members of complement orpassengers of the vessel3.
 
Offenders eithera.
 
attack or seize the vessel b.
 
seize the whole or part of the cargo of said vessel, it’s equipment, or personal belongings of its complement orpassengers
123QualifiedPiracyQualifying Circumstances:
1.
 
Seized vessel by boarding/firing upon thesame; or2.
 
Pirates have abandoned their victims withoutmeans of saving themselves; or3.
 
Crime is accompanied by murder, homicide,physical injuries or rape
Anti-Piracy and Anti-Highway Robbery (PD 532)
PD 532 Art. 122
Committed by any person,including a passenger ormemberCommitted by strangers (non-passengers or non-members)Philippine waters Philippine waters or high seas§4 – ACCOMPLICE:(a) Knowingly or in any manneraids or protects, or acquires orreceives property taken or inany matter derives any benefit(b) Directly or indirectly abetscommission
Robbery, Piracy and Mutiny
Robbery Piracy Mutiny
Offenders areoutsidersOffenders members of complement or passengersRobbery in anUninhabited Place –if committed in
banca
/ raft bycrewmember orpassengerRobberycommitted byoutsidersRaise commotion orprotest or go againstlawful command of captain
Anti-Hijacking Law (RA 6235)
Aircraft
 
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)Page 2 of 41
Philippine Registry Change course or destination or usurping orseizing control while in flightForeign Registry Land in any part of RP territory or usurpingor seizing control, while within RP territoryPassenger AircraftOperating as PublicUtility in RPCarrying or loading on board substancesthat are corrosive, flammable, explosive orpoisonousCargo AircraftOperating as PublicUtility in RPShipping or loading such substances in amanner not in accordance with rules andregulations of Air Transportation OfficeQualifyingCircumstances(1) firing upon the pilot, crew or passenger(2) exploding or attempting to explode any bomb or explosive to destroy the aircraft(3) committing crime accompanied bymurder, homicide, serious physical injuries,or rape
 
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2)Page 3 of 41
T
ITLE
II: C
RIMES
A
GAINST THE
F
UNDAMENTAL
L
AWS OF THE
S
TATE
 
1.
 
Arbitrary Detention2.
 
Delay in Delivery of Detained Persons to Proper Judicial Authorities3.
 
Delaying Release4.
 
Expulsion5.
 
Violation of Domicile6.
 
Search Warrants Maliciously Obtained and Abuse inService of Those Legally Obtained7.
 
Searching Domicile without Witnesses8.
 
Prohibition, Interruption and Dissolution of PeacefulMeetings9.
 
Interruption of Religious Worship10.
 
Offending Religious Feelings
Elements
Crime Elements124ArbitraryDetention
1.
 
Offender is a public officer or employee2.
 
He detains a person3.
 
Detention is without legal grounds
125Delay inDelivery ofDetainedPerson toProperJudicialAuthorities
1.
 
Offender is a public officer or employee2.
 
Detained a person for some legal ground3.
 
Fail to deliver person to proper judicialauthorities:a.
 
12 hrs – light penalties or their equivalent b.
 
18 hrs – corrective penalties or equivalentc.
 
36 hrs – afflictive/capital or equivalent
126DelayingRelease
1.
 
Offender is a public officer or employee2.
 
 Judicial/executive order for release of aprisoner or detention prisoner, or there is aproceeding upon a petition for the liberationof such person3.
 
Offender without good reason delays:a. service of notice of such order to theprisoner b. performance of such judicial/executiveorder for the release of the prisonerc. proceedings upon a petition for therelease of such person
127Expulsion
1.
 
Offender is a public officer or employee2.
 
He expels any person from RP or compels aperson to change his residence3.
 
Offender is not authorized to do so by law
128Violation ofDomicileActs Punished:
1.
 
By entering any dwelling against the will of the owner thereof; or2.
 
By searching papers or other effects foundtherein without the previous consent of suchowner; or3.
 
By refusing to leave the premises, after havingsurreptitiously entered said dwelling and afterhaving been required to leave the same
Elements Common to the Three Acts:
1.
 
Offender is a public officer or employee2.
 
Not authorized by judicial order to enterdwelling and/or to make a search for papers& other effects
129SearchWarrantsMaliciouslyObtainedand Abusein Service ofThoseLegallyObtainedActs Punished:
1.
 
Procuring a search warrant without just causea.
 
Offender is a public officer or employee b.
 
Procures a search warrantc.
 
There is no just cause2.
 
Exceeding authority or using unnecessaryseverity in executing a search warrant legallyprocureda.
 
Offender is a public officer or employee b.
 
Legally procured a search warrantc.
 
Exceeds authority or uses unnecessaryseverity in executing the same
130SearchingDomicileWithoutWitnesses
1.
 
Offender is a public officer or employee2.
 
Armed with search warrant legally procured3.
 
Searches domicile, papers or other belongingsof any person4.
 
Owner, or any member of his family, or 2witnesses residing in the same locality are notpresent
131Prohibition,Interruption, andDissolutionof PeacefulMeetings
1.
 
Offender is a public officer or employee2.
 
He performs any of the following acts:a.
 
Prohibiting/interrupting, without legalground, holding of a peaceful meeting, or by dissolving the same b.
 
Hindering any person from joining anylawful association or attending anymeetingsc.
 
Prohibiting/hindering any person fromaddressing, either alone or together withothers, any petition to the authorities forthe correction of abuses or redress of grievances
132Interruptionof ReligiousWorship
1.
 
Offender is a public officer or employee2.
 
Religious ceremonies or manifestations of anyreligion are about to take place or are going on3.
 
Offender prevents or disturbs the same
Qualifying Circumstance:
* if committed with violence or threats
133OffendingtheReligiousFeelings
1.
 
Acts complained of were performed:In a place devoted to religious worship, orDuring celebration of any religious ceremony2.
 
Acts must be notoriously offensive to thefeelings of the faithful
Comparisons
Arbitrary Detention (art. 124) Illegal Detention (art. 267)
Public officers whose officialduties give them the authorityto effect arrest and detainpersonsOther kind of public officers,private individualsIntent to detain Intent to detainDetention at the outset unlawful
Arbitrary Detention (art. 124) Unlawful Arrest (art. 269)
Public officer authorized toarrest and detainPublic officer/privateindividualDetention without lawful cause Feigned to arrest without legalcause the purpose of which it tofile chargeDetention is penalized Arrest is penalized
Arbitrary Detention (art. 124) Delay in Delivery (art. 125)
No warrant of arrest No warrant of arrestNo legal grounds With legal grounds
Art. 128 Art. 129 and 130
No warrant Warrant but maliciouslyobtained or even if issuedregularly, abuse inimplementationOfficer can be held liable forperjury

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