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CRIMINAL LAW II

WHAT is Committed (Crimes) WHO Commits (Persons) Any Person that Owes Allegiance to Philippines (*Filipino Citizen or Alien Residing in Philippines) Any Person that Owes Allegiance to Philippines* Filipino Citizen Any Person ESPIONAGE Public Person INCITING TO WAR/GIVING MOTIVES FOR REPRISALS VIOLATION OF NEUTRALITY WHEN Committed (Disposition/Circumstances) HOW is it Committed (Means, Ways, Modes, Manner) • Levies War Against Government a. Actual Assembling of Men b. For execution of Treasonable Design • Adherence (Intent to Betray; Internal Act) • Giving Aid or Comfort (External/Overt Act) ― Proved by “Strictly Restrictive 2-Witness on Same Act Rule” and Confession in Open Court • 2 or more Persons Agreed to levy war against government or adhere and give aid or comfort to the enemies • One Person proposes to Other Persons to levy war against government or adhere and give aid or comfort to the enemies • Conceals or does NOT Disclose as soon as possible to: Governor/Provincial Fiscal or Mayor/City Fiscal • Enters warship, fort, naval/military CA No. 616 establishment or reservation and Act to Punish obtains such Articles* Espionage and Other Offenses • Discloses contents of such Articles* to Against National a Representative of a Foreign Nation Security • Performs Unlawful/Unauthorized Acts • That Provokes or Incites for a War involving the Philippines or exposes the Filipino Citizens to Reprisals WHY should NOT be Commited (Penalty) Filipino Citizen: Reclusion Perpetua to Death + Fine not exceeding P100,000 Residing Alien: Reclusion Temporal to Death + Fine not exceeding P100,000 Prision Mayor + Fine not exceeding P10,000 Prision Correccional + Fine not exceeding P5,000 Accessory to Treason (2 Degrees lower) Prision Correccional

TREASON CRIMES AGAINST NATIONAL SECURITY

• In times of War

CONSPIRACY AND PROPOSAL TO COMMIT TREASON MISPRISION OF TREASON

• In times of War • In times of War; • Has Knowledge of any Conspiracy In times of War or Peace Not Authorized Authorized and Possesses Articles (*info., plans, photos, or other data Confidential in Nature relative to defense of the Philippines)

Prision Mayor (Next Higher Degree)

CRIMES AGAINST LAW OF NATIONS

Any Person that Owes Allegiance to Philippines* Any Person that Owes Allegiance to Philippines* Any Person that Owes Allegiance to Philippines* Any Person that Owes Allegiance to Philippines*

Private Person: Prision Mayor Public Person: Reclusion Temporal

• In times of Peace • In times of War for other States, In times of Peace for Philippines; • A Regulation is issued by Competent Authority enforcing Neutrality Prohibited by Government
Correspondence

• Violates such Regulation

Prision Correccional Prision Correccional

CORRESPONDENCE WITH HOSTILE COUNTRY

In times of War

Carried in Ciphers or Conventional Signs Contains Notice or Information Useful to enemies

• Corresponds with an enemy country or territory occupied by enemy troops

Prision Mayor Reclusion Temporal

FLIGHT TO ENEMY’S COUNTRY

• In times of War; • Going to Enemy’s Country is Prohibited by Competent Authority

• Attempts to Flee or Go to enemy country (Mere Attempt Consummates)

Arresto Mayor

GENERAL PIRACY OR MUTINY IN HIGH SEAS OR PHILIPPINE WATERS

Strangers/Not Members to the Vessel Members of the Vessel Strangers/Not Members to the Vessel

• Vessel is on High Seas or in Philippine Waters

QUALIFIED PIRACY

• Vessel is on High Seas or in Philippine Waters • Without Legal Grounds (No Warrant of Arrest) 1. No Crime Committed 2. No Reasonable Suspicion that a Crime is Committed 3. Not Suffering from Violent Insanity or Any Other Ailment requiring Compulsory Confinement • With Legal Grounds (Authorized Arrest without Warrant; Not with Warrant of Arrest)

• Attacks or Seizes the vessel • Seizes the vessel’s whole Cargo, its equipment or personal belongings of the crew or passengers • Unlawfully resisting a Superior Officer (Crew/Complement) • Raising commotion and disturbances aboard and against the vessel’s Authorities (Passengers) • Seizes the vessel or firing upon the same • Abandons victims without means of saving themselves • Commits Murder, Homicide, Physical Injuries, or Rape Less than 3 Days • Detains a Person More than 3 Days but Less than 15 Days More than 15 Days but Less than 6 Months

Reclusion Perpetua (Whole 40 yrs) without Parole/Pardon (Terrorism)

Reclusion Perpetua to Death Arresto Mayor (Max) to Prision Correccional (Min) Prision Correccional (Med & Max) Prision Mayor Reclusion Temporal Delay for Terrorists: Prision Mayor (Max) Arresto Mayor (Max) to Prision Correccional (Min) Prision Correccional (Med & Max) Prision Mayor Reclusion Temporal Prision Correccional Ordinary: Prision Correccional (Min) Nighttime/No Immediate Return of Papers/Other Effects: Prision Correccional (Med & Max) Arresto Mayor (Max) to Prision Correccional (Min) + Fine not exceeding P1,000 + Liability attached from any Other Offense committed

ARBITRARY DETENTION

Public Officer or Employee

CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE

DELAY IN DELIVERY OF DETAINED PERSONS TO PROPER JUDICIAL AUTHORITIES

Public Officer or Employee

DELAYING RELEASE

Public Officer or Employee

• With Judicial or Executive Order for Release • With Proceeding from a Petition for Liberation

More than 6 Months • Fails to deliver to Proper Judicial Authorities within: 1. 12 hrs: Light Penalties 2. 18 hrs: Correctional Penalties 3. 36 hrs: Afflictive or Capital Penalties 4. 72 hrs: Terrorists (RA 9372) • Delays without Good Less than 3 Days Reason: 1. Performance of Judicial More than 3 Days but or Executive Order for Less than 15 Days Release More than 15 Days but 2. Service of Notice for Less than 6 Months Release 3. Proceedings from any More than 6 Months petitions for Liberation • Expels any Person from Philippines • Compels any Person to Change Residence • Enters Dwelling Against Will of Owner • Searches Papers/Other Effects Without Consent of Owner • Refuses to leave Dwelling after Surreptitiously entering and having been required to leave the same • Procures a Search Warrant • Exceeds Authority/Uses Unnecessary Severity in Executing (Destroys/Damages Property without Justification)

EXPULSION VIOLATION OF DOMICILE SEARCH WARRANT MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF LEGALLY OBTAINED

Public Officer or Employee Public Officer or Employee

• Not Authorized (Only the Court by Final Judgment can Authorize; No one else) • Not Authorized by Judicial Order (No Search Warrant)

Public Officer or Employee

• No Just Cause (Perjury may be Charged) • Legally Procures a Search Warrant (Valid for Only 10 Days)

SEARCHING DOMICILE WITHOUT WITNESSES PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS INTERUPTION OF RELIGIOUS WORSHIP OFFENDING THE RELIGIOUS FEELINGS

Public Officer or Employee

• Legally Procures a Search Warrant • Owner, Any Family Member, or 2 Witnesses within the Locality are NOT Present

• Searches the Domicile, Papers, or Other Effects of ANY Persons • Prohibiting/Interrupting/Dissolving the Holding of a Peaceful Meeting • Hindering Any Person from Joining Any Lawful Associations or Attending its meetings • Prohibiting/Hindering Any Person from Addressing Any Petition for Correction of Abuses or Redress of Grievances • Prevents or Disturbs such Religious Ceremonies/Manifestations • Performs Notoriously Offensive Acts to the Feelings of the Faithful

Arresto Mayor (Med & Max)

Public Officer or Employee

• Without Legal Grounds (Virtue of Police Power if with Legal Ground)

Prision Correccional (Min)

Public Officer or Employee Any Person

• Religious Ceremonies/Manifestations about to Take Place • In a Place Devoted to Religious Worship • Celebration of Religious Ceremony

Ordinary: Prision Correccional (Min) Violence/Threats: Prision Correccional (Med & Max) Arresto Mayor (Max) to Prision Correccional (Min)