CASE DOCTRINES AND ADDITIONAL NOTES CRIMINAL LAW II(Culled from Florenz Regalado
s Conspectus and Ortega
s Notes)Article 114. TREASON>
The details of the testimony on the acts testified by witnesses need not be identical
(People vs. Abad)>
The two-witness rule is not required to prove adherence to the enemy
(People vs.Alitagtag)>
Treason absorbs crimes committed in the furtherance thereof
(People vs. Villanueva)>
Righteous Action, as when the collaborator also helped save some guerrillas from death at the hands of the invader is illogical and baseless
(People vs. Victoria)>
Defense of Suspended Allegiance by reason of change of sovereignty was untenable since a citizen owes an absolute allegiance to his country (Laurel vs. Misa)> An assemblage even without an armed public uprising is sufficient.Article 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON.> Separately punished only if Treason was not committed.> N/A two-witness ruleARTICLE 116. MISPRISION OF TREASON.> Felony by omission. Mere silence is punishable even without attempt to conceal. (ACTUAL EXISTENCE OF CONSPIRACY is the BASIS)> N/A two-witness ruleARTICLE 120. CORRESPONDENCE WITH HOSTILE COUNTRY.> Express Prohibition by Government of Correspondence is a mala prohibitum therefore punishable even if contained innocent matters.> N/A two-witness ruleARTICLE 121. FLIGHT TO ENEMY
S COUNTRY.> Express Prohibition by Competent Authority is a mala prohibitum therefore punishable for whatever purpose of the offender. Mere Attempt consummates crime.ARTICLE 124. ARBITRARY DETENTION.>
A private person can be liable and punished if he acted in conspiracy with public officers.
(People vs. Camerino)>
Mistake of Fact, Good Faith, acted without culpable negligence are valid defenses, even if it turns out that the person was innocent.
(People vs. Ancheta)> No legal ground, without intent to deliver to judicial authorities. (ArbitraryDetention)> No Legal ground, with intent to turn over to judicial authorities (Unlawful Arrest)> Legal Ground with intent to deliver to judicial authorities but unreasonably delays (Undue Delay under 125)> No intent to detain, but unlawfully prevented for an appreciable length of time from free movement (Coercion)> Victim is a woman and detained with lewd designs from the outset (abduction)> Offenses cannot be complexed.>
Psychological and not only physical restraint is sufficient for the crime of arbitrary detention, as when victim was permitted to take meals outside of detention but was too terrorized not to return.
(People vs. Oliva)ARTICLE 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES.> Provision applies to arrests without warrant and it is lawful.>
Delivery refers to filing of complaint; Judicial Authority refers to courts ofjustice not the public prosecutor
(Sayo et al. vs. Chief of Police)>
Failure to deliver the arrestee does not make detention illegal, it just makes
the arresting officer criminally liable
(People vs. Mabong)> Article applies to special laws. (..
or their equivalent
, referring to penalty categories)>
The hours during which the courts are closed and no deliver can be made are notto be counted
(People vs. Acasio)> Arrested person may be detained beyond stated periods if he demands preliminary investigation (Sec. 7 Rule 112 Rev. Rules Crim. Pro.)> Art. 125 made applicable to security guards employed by a company who arrestedand delayed the turnover of public officers whom they held in custody (People vs. Sali)ARTICLE 126. DELAYING RELEASE.>
Order of release may be given verbally.
(People vs. Misa)ARTILCE 127. EXPULSION.> Only Chief Executive can order deportation.ARTICLE 128. VIOLATION OF DOMICILE.> Implied objection, where entry was effected through an opening not intended for that purpose. (first mode liable)> If Offender is a private individual,
trespass to dwelling
is committed> A public officer entering another
s dwelling to prevent some serious harm to himself or the dwelling
s occupants or a third person or entry into taverns and otherpublic houses absolves a person from criminal liability.ARTICLE 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED.> Perjury and others crime separate.> If a private individual conspired he is liable under this article. (US vs. Ponte)ARTICLE 130. SEARCHING DOMICILE WITHOUT WITNESSES.> Applicable in searches with a warrant or valid warrantless searches; also where there is consent of owner, or incidental to a lawful arrest.ARTICLE 131. PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS.> Public Officers vs. 153- Private Individuals>
This cannot be committed by a person who is a participant in the meeting
(Peoplevs. Calera)- <Unjust Vexation, proper crime here>ARTICLE 132. INTERRUPTION OF RELIGIOUS WORSHIP> Public Officers vs. 153- Private Individuals> Customarily observed and authorized by authorities of a religion.>
There must actually be a religious ceremony. If the offense was committed onlyin a meeting or a rally of a sect it would be punishable under Art. 131
(People vs. Reyes)ARTICLE 133. OFFENDING RELIGIOUS FEELINGS.> Public Officer/Private Individuals>
A public rally by itself conducted by a religious group is not religious ceremony.
(People vs. Mandoriao, Jr.)> If acts committed in a place devoted to religious worship, unnecessary that areligious ceremony is conducted.ARTICLE 134. REBELLION OR INSURRECTION.ARTICLE 134-A. COUP D
ETAT.> Both crimes can be committed in peace or war time> An armed public uprising by a substantial number of rebels is generally required.>
Rebellion cannot be complexed with but absorbs acts committed in the furtheranc
e of the rebellious movement.
(People vs. Hernandez; Enrile vs. Salazar)>
Offenses committed for personal reasons or other motives are punished separately even if committed simultaneously with the rebellious acts
(People vs. Oliva)>
Illegal Possession of firearm in furtherance of rebellion under PD 1866 is distinct from the crime of rebellion under the RPC. Therefore violation of PD 1866 being malum prohibitum, invalidates the defenses of good faith and absence of criminal intent.
(People vs. de Gracia)>
A crime under the RPC cannot be absorbed by a statutory offense, therefore charging one of illegal possession of firearms in furtherance of rebellion is proper.
(People vs. Tiozon).>
No crime of misprision of rebellion
(US vs. Ravidas) *Misprision is only to treason!> Concealment by the offender of the rebellious activities may make him an accessory.ARTICLE 137. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES.> No Crime under this article if principal crime is treason.ARTICLE 139. SEDITION.> Arms not necessary as long as there is tumultuous public uprising.>
Sedition does not absorb murder committed by reason or in furtherance of the seditious activities.
(People vs. Cabrera)MAJOR CRIMES AGAINST NATIONAL SECURITY AND PUBLIC ORDER.1. Treason: Conspiracy and proposal (Art. 115), Misprision of Treason (Art. 116)<No Crime of Inciting to Treason>2. Rebellion: Conspiracy and Proposal (Art. 136), Disloyalty of Public Officers(Art. 137), inciting (Art. 138)3. Coup d
etat: Conspiracy and proposal (Art. 136)4. Sedition: Conspiracy (Art. 141), Inciting (Art. 142)> BASIC RULE: Conspiracy, proposal and inciting are punishable only if
major crimes
are NOT COMMITTED. Otherwise they are absorbed and offenders will be principalby inducement.> Acts or words of incitement must have been premeditated, otherwise if they were only spontaneous the crime will be tumultuous disturbance as an outcry tendingto incite rebellion or sedition (Art.153)> The assemblage of persons present must not have been called for the purpose oflistening to such incitement, otherwise the crime will be illegal assembly (Art. 146).> Misprision of Treason and disloyalty of public officers can be prosecuted independently.> In re: Sedition,
Knowingly conceal such evil practices
<Art. 142> principal notaccessory!ARTICLE 143. ACTS TENDING TO PREVENT THE MEETING OF THE CONGRESS AND SIMILAR BODIES.ARTICLE 144. DISTURBANCE OF PROCEEDINGS.> No public uprising involved.> Force producing physical injuries, or Fraud involving falsification. Said offenses are complexed as necessary means employed.ARTICLE 146. ILLEGAL ASSEMBLIES.> Assembly was for the purpose of committing offenses other than treason, rebellion, sedition or assault. Presumption is that there are persons armed otherwiseit will be covered by Public Disorder (Art. 153) or unlawful utterances (Art. 154[2])ARTICLE 148. DIRECT ASSAULT.FIRST FORM: (Force/Intimidation + Objectives of Rebellion/Sedition
Public Uprising
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