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Criminal Law Review

Criminal Law Review

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Published by: Emmanuel on Oct 19, 2010
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Revised Penal Code (Book II



Any person


Levies war or adhere to their enemiesby giving aid/comfort within Philippines Conspiracy and proposal Having knowledge of any conspiracy against them and conceals or does not disclose and make known the same 1. w/out authority enters WA FOR NA MI, obtain any info plans photographs or other data of a confidential nature relative to the defense of archipelago 2. BIP, by reason of public office he holds, of the AID discloses their contents to a representative of a foreign nation Unlawful or unauthorized acts provokes or gives occasion for a

Reclusion temporal todeath


115 116

Conspiracy and Proposal to commit a felony Misprision of Treason

Any person Every person w/out being a foreiner

State State

Prision Mayor and Pirision Correccional Accessory



Any person


Prision Correccional (if offender is any private individual) Penalty next higher in degree (if offender is public officer or employee)


Inciting to war or giving motives for reprisal

Public officer or employee, Private individual


Reclusion Temporal (if offender is public officer/employee)

If the offender intended to aid the enemy by giving such notice/info. if such correspondence be carried on in ciphers or conventional signs 3. Reclusion Temporal Arresto Mayor Reclusion Temporal . violates any regulation issued by competent authority for purpose of enforcing neutrality 1. not being a Prision Mayor (if offender is private individual) Prision Correccional 1. if correspondence is prohibited by the Govt. Prision Correccional 2. is not involved. if notice or info be given thereby w/c might be useful to the enemy. 2.119 Violation of neutrality Anyone State 120 Correspondence with hostile country Any person State 121 Flight to enemy country Any person State 122 Piracy in general and mutiny on the high seas Any person Complement or passenger of a vessel warinvolving or liable to involve the Philippines or exposes Filipino citizen to reprisals on their person and property On the occasion of war w/c Govt. he shall suffer penalty of reclusion temporal to death. Attempts to flee or go to an enemy country when prohibited by competent authority Shall attack or seize a vessel or. Prision Mayor 3.

they have abandoned their victims w/out means of saving themselves 3. 1. detains a person. Prision correccional in its medium and maximum periods 3. whenever they have seized a vessel by boarding or firing upon the same 2. Arresto mayor in its maximum to prision correccional in its minimum period 2. physical injuries or rape. shall seize the whole or part of the cargo.123 Qualified piracy Any person Complement or passengers of a vessel 124 Arbitrary detention Any public officer or employee Any person member of its complements nor a passenger. Reclusion temporal . if detention has continued for more than three but not more than fifteen days 3. if detention has not exceeded three days 2. homicide. if detention has continued for more than fifteen days but not more than six months Reclusion Temporal to Death 1. W/out legal grounds. Prision mayor 4. its equipment or personal belongings of its complement/passengers Same penalty in case of mutiny on the high seas 1. whenever the crime is accompanied by murder.

125 Delay in the delivery of detained persons to the proper judicial authorities Public officer or employee Any person 4. shall expel any person from the Philippine islands or shall compel such person to change his residence. if detention shall have exceeded six months Detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities w/in the period of. 18 hours. for crimes punishable by afflictive or capital penalties. or unduly delays the service of notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person Penalties provided in the next preceding article shall also be imposed 126 Delaying release Any public officer or employee Prisoner or detention prisoner Penalties provided for in Article 124 127 Expulsion Any public officer or employee Any person Not being authorized by law. 12 hours. for crimes punishable by light felonies. Delays for the period specified therein performance of any judicial or executive order for the release of a prisoner or detention prisoner. Prision correccional . for crimes punishable by correctional penalties & 36 hours.

shall refuse to do so. or. . shall enter any dwelling against the will of the owner. Prision correccional in its minimum period 2. If committed in nighttime. and being required to leave the premises. or if papers not constituting evidence be not returned immediately. papers or other belongings of any person. search papers or other effects found therein w/out previous consent of owner. w/out presence of two witnesses residing in the same locality 130 Searching domicile w/out witnesses Public officer or employee Any person In addition to liability attaching to offender for commission of any other offense. shall search the domicile. having legally procured the same.128 Violation of domicile Any public officer or employee Any person 1. Not being authorized by judicial order. 129 Search warrants maliciously obtained and abuse in the service of those legally obtained Any public officer or employee Any person Shall procure a search warrant w/out just cause. shall exceed his authority or use unnecessary severity in executing the same. Prision correccional in its medium and maximum periods. or in their default. any member of his family. 2. 1. in the absence of the latter. In cases where search is proper. or having surreptitiously entered said dwelling. Arresto mayor in its medium and maximum periods. penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed.

shall hinder any person from joining any lawful association or from attending any of its meeting 3. Arresto mayor in its maximum period to prision correccional in its minimum period. any petition to the authorities for correction of abuses or redress of grievances. Prision correccional in its medium and maximum periods. 1. Shall prevent or disturb the ceremonies or manifestations of any religion 2. 2. or shall dissolve the same. Prision correccional in its minimum period 2. either alone or together with others.131 Prohibition. . If crime shall have been committed with violence or threats In a place devoted to religious worship or during celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of the faithful. Prision correccional in its minimum period 132 Interruption of religious worship Any public officer or employee Any person 133 Offending the religious feelings Anyone Any person (faithful) 1. interruption and dissolution of peaceful meetings Any public officer or employee Any person 1. shall prohibit or hinder any person from addressing . w/out legal ground shall prohibit or interruptholding of a peaceful meeting.

network. comm. (As amended by RA 6968) A swift attack accompanied by V-I-TSTRA-ST. service (4) (5) Government Rising publicly and taking arms against govt. 135 provided penalty for this crime. of any body of land. of any of their powers or prerogatives. or its laws. How committed Any person or persons. belonging to the military or police or holding any public office of employment Government 135 Penalty for rebellion. singly or simultaneously carried out anywhere in the Phil.134 Rebellion or insurrection. insurrection or coup d etat Any person(1-3) Any person in the govt. maintains. directed against duly constituted authorities of the RP. or heads rebellion/insurrection 2. Art. naval or other armed forces. Merely participating or executing the commands of others in a rebellion Art. Promotes. 135 provided penalty for this crime. the territory of PI or any part thereof. for the purpose of removing from allegiance to said govt. Public UTI or other facilities needed for the exercise and continued possession of power. wholly or partially. V-iolence I-ntimidation T-hreats STRA-tegy ST-ealth . or any military camp/installation. depriving the Chief Executive or the Legislature. How committed Any person Government 134-A Coup d etat. with or w/out civilian support or participation for the purpose of seizing or diminishing state power 1..

3.or in any manner supports. Participates.finances. Participates. or executes directions or commands of others in undertaking a coup d etat 5. abets or aids in undertaking a coup d etat 136 137 138 139 . Leads or in any manner directs or commands others to undertake a coup d etat 4.

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