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Philippine Revised Penal Code Book 2 - Midterm Reviewer

Philippine Revised Penal Code Book 2 - Midterm Reviewer

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Published by katreena ysabelle
Based from Criminal Law Book 2 authored by JBL Reyes.
Based from Criminal Law Book 2 authored by JBL Reyes.

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Published by: katreena ysabelle on Jun 24, 2008
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11/26/2014

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CRIMINAL LAW II
January 2007
 
MIDTERM REVIEWER
 TITLE ONE:
CRIMES AGAINST NATIONALSECURITY AND THE LAW OF NATIONSCrimes against national security.
1.Treason (114)2.Conspiracy and proposal to committreason (115)3.Misprision of treason (116)4.Espionage (117)
Crimes against the law of nations.
1.Inciting to war or giving motives forreprisals (118)2.Violation of neutrality (119)3.Correspondence with hostile country(120)4.Flight to enemy’s country (121)5.Piracy in general and mutiny on thehigh seas or in Philippine waters (122)
114. TREASON
Elements:1.Offender – Filipino citizen or alienresiding in the Philippines
2.
 There is a war – Philippine is involved(not civil war)3.Offender – (a) levies war against thegovernment (declare war) or (b)adheres to the enemies giving themaid or comfort. Treason – breach of allegiance to thegovernment committed by a person whoowes allegiance to it.Allegiance – the obligation of fidelity andobedience which the individuals owe to thegovernment under which they live or to theirsovereign, in return for the protection theyreceive.** Treason cannot be committed in time of peace – while there is peace, there are notraitors. Treason is a war crime, it is punishedby the state as a measure of self-defenseand self-preservation.“Levies war” – actual assembling of men forthe purpose of executing a treasonabledesign by force. It is not necessary that therebe a formal declaration of the existence of astate of war. The war must be directedagainst the government: organized tooverthrow and destroy the establishedgovernment. Mere public uprising to inflict anact of hate or revenge upon the persons of public officers does not constitute treasonbecause it is not directed against thegovernment. The levying of war must be incollaboration with a FOREIGN COUNTRY.** Adherence and giving aid or comfort tothe enemy must CONCUR TOGETHER.** The aid and comfort must be given to theenemy by some kind of action – it must be adeed or physical activity, not merely amental operation. It must be to renderassistance to them as enemies and infurtherance of the enemies’ hostile designs.**Murder and physical injuries were inherentin the crime of treason characterized by thegiving of aid and comfort to the enemy. These crimes cannot be complexed withtreason.** Treason by Filipino citizen can becommitted outside of the Philippines, buttreason by an alien must be committed IN THE PHILIPPINES.** Treason is a continuous offense – may becommittees by one single act, series of acts,several series thereof, and different times.Ways of proving treason:1.Testimony of two witnesses to thesame overt act, or2.Confession of the accused in opencourt Two-witness rule: The testimony of twowitnesses is required to prove the overt actof giving aid or comfort. It is not necessary toprove adherence. Each of the witnesses musttestify to the whole overt act, or if separable,there must be two witnesses to each part of the overt act.** The defense of duress, lawful obedience toa
de facto
government is a good defense intreason.
115. CONSPIRACY & PROPOSAL TOCOMMIT TREASON
** Conspiracy to commit treason iscommitted when in time of war, two or morepersons come to an agreement to levy waragainst the government or to adhere to theenemies and to give them aid or comfort,and decide to commit it.** Proposal to commit treason is committedwhen in time of war a person who hasdecided to levy war against the governmentor to adhere to the enemies and to givethem aid or comfort, proposes its executionto some other person or persons.** Reason: in treason, the very existence of the state is ENDANGERED.
© Hanna Magkasi 2007 page 1
 
CRIMINAL LAW II
January 2007
 
MIDTERM REVIEWER
** The two-witness rule does not apply toconspiracy or proposal to commit treason.
116. MISPRISION OF TREASON (keepingit to himself, silence)
Elements:1.Offender – owing allegiance to thegovernment and NOT a foreigner2.Offender – has knowledge of anyconspiracy to commit treason againstthe government3.Offender – conceals or does notdisclose and make known the same assoon as possible to the (a) governor orfiscal of the province or (b) to themayor or fiscal of the city WHICH HERESIDES.** Cannot be committed by a resident alien** Does not apply when treason is alreadycommitted by someone and the accuseddoes not report its commission to the properauthority – knowledge of CONSPIRACY** His penalty is like the penalty for anaccessory, still he is in the state of being theprincipal.
117. ESPIONAGE (spy)
 Two ways of committing:A. “Entering”Elements:1.Offender – enters a Warship, Fort,Naval or Military establishment orreservation2.He has no authority to do so3.Purpose – to obtain Information,Plans, Photographs or other data of a confidential nature relative to thedefense of the PhilippinesB. “Disclosing”1.Offender – public officer
2.
He has in his possession the saidarticles, data or information byreason of the public office he holds3.He discloses their contents to arepresentative of a foreign nation.
118. INCITING TO WAR OR GIVINGMOTIVES FOR REPRISAL
Elements:1.Offender – performs unlawful orunauthorized acts2.Such acts provoke or give occasionfor a war involving or liable toinvolve the Philippines or exposeFilipino citizens to reprisal on theirpersons or property** The intention of the offender is immaterial– the law considers the effects produced bythe act of the accused. Such acts mightdisturb the friendly relation that we havewith a foreign country, and that arepenalized even if they constitute a mereimprudence.** Committed in time of peace
119. VIOLATION OF NEUTRALITY 
Elements:1.There is war in which thePhilippines is NOT INVOLVED2.There us a regulation issued bycompetent authority for thepurpose of enforcing neutrality3.Offender – violates such regulation** A nation or power which takes no part in acontest of arms going on between others isreferred to as neutral.
120. CORRESPONDENCE WITH HOSTILECOUNTRY 
Elements:In time of war in which the Philippines isinvolved1.Offender – makes correspondencewith an enemy country or territoryoccupied by enemy troops2.The correspondence is either –a.Prohibited by thegovernmentb.Carried on ciphers orconventional signs, orc.Containing notice orinformation which might beuseful to the enemyCorrespondence – communication by meansof letters
121. FLIGHT TO ENEMY’S COUNTRY 
Elements:1.There is a war in which thePhilippines is involved2.Offender – owes allegiance to thePhilippine government3.Offender – attempts to flee or go toenemy’s country4.Going to the enemy’s country isprohibited by competent authority(government)** Mere attempt to enemy’s countryconsummates the crime.
© Hanna Magkasi 2007 page 2
 
CRIMINAL LAW II
January 2007
 
MIDTERM REVIEWER
** If fleeing or going to an enemy country isnot prohibited by competent authority, thecrime is not committed.
122. PIRACY IN GENERAL AND MUTINY ON THE HIGHT SEAS
Elements:1.A vessel is on the high seas or inPhilippine waters2.Offenders – not members of itscomplement or passengers of vessels3.Offenders – (a) attack or seize thatvessel, or (b) seize the whole orpart of the cargo of said vessel, itsequipment or personal belongingsof its complement or passengers.Piracy – robbery or forcible depredation onthe high seas without lawful authority anddone with intent to steal.Piracy vs. robbery on the high seas: there isviolence against or intimidation of persons orforce upon things in taking the property inthe vessel --Robbery – offender is a member of thecomplement or a passenger of thevessel;Piracy – offender is NOT a passengeror a member of the complementof the vessel.Mutiny – usually committed by the othermembers of the complement and may becommitted by the passengers of the vessel.It is the unlawful resistance to a superiorofficer or the raising of commotions anddisturbances on board a ship against theauthority of its commander.
PiracyMutiny
Persons who attacksthe vessel or seize itscargo areSTRANGERS to saidvessel They are members of the crew orpassengersIntent to steal isessentialIntent to ignore theship’s officers or theymay be prompted bya desire to commitplunder
123. QUALIFIED PIRACY 
 There should be piracy or mutiny in the highseas. This will be qualified if any of thefollowing circumstances is present:1.Whenever the pirates have seizedthe vessel by boarding or firingupon the same;2.Whenever the pirates haveabandoned their victims withoutmeans of saving themselves; or3.Whenever the crime isaccompanied by murder, homicide,physical injuries, or rape.** This is a special complex crime punishableby reclusion perpetua regardless of thenumber of victims.** Any person who aids or protects pirates orabets the commission of piracy shall beconsidered as an accomplice.  TITLE TWO:
CRIMES AGAINST THEFUNDAMENTAL LAWS OF THE STATE
1.Arbitrary detention (124)2.Delay in the delivery of detainedpersons to the proper judicialauthorities (125)3.Delaying release (126)4.Expulsion (127)5.Violation of domicile (128)6.Search warrants maliciously obtainedand abuse in the service of thoselegally obtained (129)7.Searching domicile without witness(130)8.Prohibition, interruption, anddissolution of peaceful meetings (131)9.Interruption of religious worship (132)10.Offending of religious feelings (133)
124. ARBITRARY DETENTION
Elements:1.Offender – public officer oremployee2.Offender – detains a person3.Detention – without legal grounds** Public officers liable – must be vested withauthority to detain or order the detention of persons accused of a crime; i.e. policemen, judges, mayor.** There is detention when he is placed in aconfinement or there is a restraint on hisperson – even if hr could move freely, as longas he could not escape for fear of beingapprehended again.Legal grounds for the detention of a person:
© Hanna Magkasi 2007 page 3

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