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Criminal Law II Reviewer

Criminal Law II Reviewer

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Published by lex libertadore
Criminal Law II Reviewer
Criminal Law II Reviewer

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Published by: lex libertadore on May 15, 2009
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Criminal Law II Reviewer Vena V. Verga
Criminal Law II ReviewerSummary of Book II
CrimeElementsPenaltyImportant Points to Remember114Treason
1.Offender is a Filipino citizen or an alien residing in thePhilippines2.There is war in which the Philippines is involved3.Offender either:a.levies war against the governmenti.that there be an actual assembling of men,ii.for the purpose of executing a treasonabledesign by forceb.or adheres to the enemies, giving them aid or comfort
Treason
– branch of allegiance to a government, committedby a person who owes allegiance to it
Allegiance
– obligation of fidelity and obedience which theindividuals owe to the government under which they live or totheir sovereign, in return for the protection they receive;either permanent or temporary
Adherence to Enemy
– intent to betray; when a citizenintellectually or emotionally favors the enemy and harborssympathies or convictions disloyal to his country’s policy orinterests]
Aid or Comfort
– an act which strengthens or tends tostrengthen the enemy in the conduct of war against thetraitor’s country and an act which weakens or tends to weakenthe power of the traitor’s country to resist or to attack theenemy
Ways of Proving Treason:
1.Testimony of 2 witnesses, at least, to the same overt act;or2.Confession of the accused in open courtFilipino Citizen –RP to death anda fine not toexceed P100,000Alien – RT todeath and a finenot to exceedP100,000No complexcrime of treasonwith murder,physicalinjuries…AggravatingCircumstances:cruelty, ignominyArt. 64 notstrictly applied totreasonGravity of seriousness of acts of treasonare considered1.Treason cannot be committed in time of peace2.In treason by levying war, it is not necessarythat there be a formal declaration of theexistence of a state of war3.The war must be directed againstgovernment4.The purpose of levying war is to deliver thecountry in whole or in part to the enemy;must be in collaboration with foreign enemy5.The aid or comfort given to the enemiesmust be after the declaration of war; theenemies must be the subject of foreignpower6.No treason thru negligence7.When common crimes are charged as overtacts of treason, they cannot be regarded asseparate crimes or as complexed by treason.8.Treason by Filipino citizen may be committedoutside the Philippines9.Treason is a continuous offense10.Treason cannot be proved by circumstantialevidence or extrajudicial confession of accused11.Two witness rule is severely restrictive12.Sufficient that witnesses are uniform in theirtestimony on the overt act; it is notnecessary that there be corroborationbetween them on the point they testified13.Adherence may be proved by one witness, orfrom the nature of the act itself, or from thecircumstances surrounding the act14.Defense of suspended allegiance and changeof sovereignty is not accepted15.Defense of obedience to de factoGovernment is acceptable16.Defense of duress or uncontrollable fear isacceptable
/vvverga Second Semester, AY 2004-2005 Page 1 of 75Criminal Law II Reviewer
 
 
Criminal Law II Reviewer Vena V. Verga
115Conspiracyand Proposalto CommitTreason
1.Conspiracy to Commit TreasonPM and a fine notexceedingP10,0002.Proposal to Commit TreasonPC and a fine notexceedingP5,000The two witness rule does NOT apply to thisarticle
116Misprision of Treason
1.Offender must be owing allegiance to the government andnot a foreigner2.He has knowledge of any conspiracy to commit treasonagainst the government3.He conceals or does not disclose and make known thesame as soon as possible to governor or fiscal of provinceor the mayor or fiscal of the city in which he residesAccessory to thecrime of treason1.Conspiracy is one to commit treason2.Article 116 is an exception to the rule thatmere silence does not make a personcriminally liable
117Espionage
1.By entering, without authority therefore, a warship, fort ornaval or military establishment or reservation to obtainany information, plans, photographs or other data of aconfidential nature relative to the defense of thePhilippinesa.Offender enters any of the places mentioned thereinb.He has no authority thereforec.His purpose is to obtain info, plans, etc. of aconfidential nature relative to defense of RP2.By disclosing to the representative of a foreign nation thecontents of the articles, data, or information referred to inPar. No. 1 which he had in his possession by reason of thepublic office he holdsa.Offender is a public officerb.He has in his possession the articles, etc. by reason of the public office he holdsc.He discloses their contents to a representative of aforeign nationPCPenalty nexthigher in degreeshall be imposedif the offender bea public officer oremployee.1.Espionage gathering, transmitting, orlosing information respecting the nationaldefense with intent or reason to believe thatthe information is to be used to the injury of the RP or to the advantage of any foreignnation2.To be liable under paragraph 1, the offendermust have the intention to obtaininformation relative to the defense of RP3.It is not necessary that the information isobtained4.Espionage distinguished from treason:a.Both are crimes not conditioned oncitizenshipb.Espionage – may be committed in manyways, both in time of peace or war;Treason – 2 ways of committing; andonly in time of war
118Inciting toWar or GivingMotives
1.Offender performs unlawful or unauthorized acts2.Such acts provoke or give occasion for a war involving orliable to involve the Philippines or expose Filipino citizensto reprisals on their persons or propertyRT if publicofficer oremployeePM if privateindividual1.The intention of offender is immaterial2.Committed in time of peace
119Violation of Neutrality
1.There is a war which the Philippines is not involved2.There is a regulation issued by competent authority for thepurpose of enforcing neutrality3.Offender violates such regulationPC
1.
Neutrality
– a nation or power which takesno part in a contest of arms going onbetween others is referred to as neutral2.There must be regulation issued bycompetent authority for enforcement of neutrality
/vvverga Second Semester, AY 2004-2005 Page 2 of 75Criminal Law II Reviewer
 
 
Criminal Law II Reviewer Vena V. Verga
120
Correspondence with HostileCountry
1.It is in time of war in which the Philippines is involved2.Offender makes correspondence with an enemy country orterritory that is occupied by enemy troops3.The correspondence is eithera.Prohibited by the governmentPCb.Carried in ciphers or conventional signsPMc.Containing notice or information which might be usefulto the enemyRT if info may beuseful to enemyRT to death if intention was toaid the enemy
1.
Correspondence
communicating bymeans of letters; or it may refer to theletters which pass between those who havefriendly or business relations2.Even if correspondence contains innocentmatters, if such has been prohibited by thegovernment, it is punishable3.Prohibition by the government is notessential in paragraphs 1 and 24.Qualifying circumstances that must concurtogether:a.The notice or information might beuseful to the enemyb.The offender intended to aid the enemy
121Flight toEnemy’sCountry
1.There is a war which the Philippines is involved2.Offender must be owing allegiance to the government3.Offender attempts to flee or go to enemy country4.Going to enemy country is prohibited by competentauthorityArresto Mayor1.An alien resident may be guilty of flight toenemy country2.Mere attempt to flee or go to enemy countryconsummates crime3.Article 121 must be implemented by theGovernment
122Piracy inGeneral andMutiny on theHigh Seas orin PhilippineWaters
1.Vessel is on the high seas or in Philippine waters2.Offenders are not members of its complement orpassengers of the vessel3.Offenders eithera.attack or seize the vesselb.seize the whole or part of the cargo of said vessel, it’sequipment, or personal belongings of its complementor passengers
Piracy
– robbery or forcible depredation on the high seas,without lawful authority and done with
animo furandi 
and inthe spirit and intention of universal hostility
Mutiny
– unlawful resistance to a superior officer, or theraising of commotions and disturbances on board a shipagainst the authority of the commanderRPSame penaltyshall be inflictedin case of mutinyon the high seasor in Philippinewaters
1.
High Seas
– any waters on the sea coastwhich are without the boundaries of low-water mark, although such waters may be inthe jurisdictional limits of a foreigngovernment
2.Piracy Distinguished From Robbery inHigh Seas
a.In piracy offender is an outsider; inrobbery, offender is member of crew orpassengerb.In both, there is intent to gain andmanner of committing the crime is thesame
3.Piracy Distinguished from Mutiny
a.In piracy, the offenders are strangers; inmutiny, they are members of the crew orpassengersb.In piracy, intent to gain is essential; inmutiny, the intention may be to ignoreship’s officers or to commit plunder
/vvverga Second Semester, AY 2004-2005 Page 3 of 75Criminal Law II Reviewer
 

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