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CRIMES AGAINST NATIONAL SECURITY 1. Treason (Art. 114); 2. Conspiracy & Proposal to commit treason (Art. 115); 3.

Misprision of treason (Art. 116); and 4. Espionage (Art. 117). CRIMES AGAINST THE LAW OF NATIONS 1. Inciting to war or giving motives for reprisals (Art. 118); 2. Violation of neutrality (Art. 119); 3. Corresponding with hostile country (Art. 120); 4. Flight to enemy's country (Art. 121); 5. Piracy in general and mutiny on the high seas (Art. 122).

What do Phil Citizens & Res Aliens have in common? Allegiance? Res Aliens owe allegiance to the Phil Govt? Levying war against the Phil Govt mean? Adherence to the enemies mean? Giving aid or Comfort mean? May person be held guilty of treason if existence of the state of was not formally declared? Only the other one A Chinese citizen living in Phils since BOOK TWO CRIMES AND PENALTIES 1960, during his stay he engage in Title One business he covered his bldg. with big crimes against NATIONAL SECURITY Chinese flag? Guilty of treason? AND THE LAW OF NATIONS A is Filipino Cit engaged in Chapter One crimes against NATIONAL SECURITY manufacture/sale of war weapons, during was A went to see Pres of Phils Section One. Treason and espionage Art. 114. Treason. that he has war weapons w/c if ELEMENTS OF TREASON: acquired mean defeat of invading 1. That the offender owes allegiance troops, Pres rejected offer so A to the Government of the approached commander of Chinese Philippines troops they bought it, is A guilty of 2. That there is a war in which the treason? No Philippines is involved Art. 115. Conspiracy & Proposal to 3. That the offender either 4. Levies war against the government, commit treason; Penalty
a. breech of allegiance b. actual assembling of men c. for the purpose of executing a reasonable design 5. Adheres to the enemies, giving them aid and comfort a. breech of allegiance b. adherence c. giving aid or comfort to the enemy ELEMENTS: 1. In time of war 2. 2 or more persons come to an agreement to a. levy war against the government, or b. adhere to the enemies and to give them aid or comfort, 3. They decide to commit it ELEMENTS OF PROPOSAL TO COMMIT TREASON 1. In time of war

2. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person/s.

Elements? Art. 116. Misprision of treason.

ELEMENTS: 1. That the offender must be owing allegiance to the government, and not a foreigner 2. That he has knowledge of any conspiracy (to commit treason) against the government 3. That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides

Elements? Who may be guilty? Only Filipino Cit, der has to be a war going on, not disclosing A CONSPIRACY to Govt How Committed? Art. 117. Espionage Distinguish Treason vs. Espionage
Section Two. Provoking war and disloyalty in case of war

2 acts punished? Elements?

Art. 118. (1) Inciting to war or (2) giving motives for reprisals. How Committed? Ex. A is Fil Cit donated war weapons to Singapore (Phils not part of the war) Ex of situation wer person held guilty of this? Exposing Fil citizens in giving motives for reprisals? Art. 119. Violation of neutrality.

Has to have prohibition issued by Phil Govt Art. 120. Correspondence with hostile country.

Similarity bet Mutiny & Robbery on the HIGH SEAS? Distinctions? Qualifying Circumstances in Piracy? Qualifying Circumstances of ELEMENTS: Mutiny? - only 1 1. That it is in time of war in Art. 123. Qualified piracy.

which the Philippines is involved 2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops 3. That the correspondence is either a. prohibited by the government, or b. carried on in ciphers or conventional signs, or c. containing notice or Crimesagainstthe fundam ental laws of the information which might be State 1. Arbitrary detention (Art. 124); useful to the enemy 2. Delay in the delivery of detained pers Prohibition? If ciphers were used, no need for ons to the proper judicial authorities (Art. 125); prohibition If ciphers were not used, there is a 3. Delaying release (Art. 126); 4. Expulsion (Art. 127); need for prohibition 5. Violation of domicile (Art. 128); Art. 121. Flight to enemy country. 6. Search warrants maliciously obtained and How committed? abuse in the service of those legally obta Necessary there is Prohibition? ined Art. 122. Piracy in general and (Art. 129); Mutiny on the high seas. 7. Searching domicile without witnesses How is Piracy on the High Seas (Art. 130); committed? 8. Prohibition, interruption, and dissoluti on of Mutiny? peaceful meetings (Art. 131); Their Similarities? Regard to the 9. Interruption of religious worship (Art. 132) Offenders? ; Piracy - intent to gain 10. Offending the religious feelings (Art. 133) Similarity / Distinctions bet ;

ELEMENTS: 1. That the offender is a public officer or employee (whose official duties Title Two include the authority to make an crimes against THE FUNDAMENTAL LAWS OF THE STATE arrest and detain persons; Chapter One jurisdiction to maintain peace and ARBITRARY DETENTION OR EXPULSION, order). VIOLATION OF DWELLING, PROHIBITION, 2. That he detains a person (actual INTERRUPTION, AND DISSOLUTION OF restraint). PEACEFUL MEETINGS AND CRIMES 3. That the detention was without AGAINST RELIGIOUS WORSHIP legal grounds (cannot be Section One. Arbitrary detention and committed if with warrant). expulsion

Private Ind may be guilty under these titles? 133 if private ind conspires with Pub Off/Employee Art. 124. Arbitrary Detention.

Robbery & Piracy ON THE HIGH SEAS? on a vessel

Elements? When is detention / arrest illegal? What are the valid grounds that Pub Off may detain/arrest? Are all Pub Off/Employees be held guilty of Arbitrary Det? No Only Pub Off that have the authority to cause the arrest of person. Also Senators, Comelect Commissioner Private Ind cannot be held guilty but if they detain/arrest another w/o lawful/legal grounds they be held guilty of 267 268 269 Detention? Need not be actual confinement, has to be PHYSICAL MORAL restraint. Instilling fear in the mind of person may be held as substitute Lawful grounds wer in person may arrest another w/o warrant of arrest? (Sec. 5 Rule 113 Rules of Court) Arts 124-133 Offenders are Public Offs People v. Claudio may be heard, / Employees, cite 2 Instances wer smelt, felt

WAIVER: arrested lawfully may want to avail of preliminary investigation May wave 125 (off may hold beyond 36 hr ect only if offender signed waiver) Art. 125. Delay in the delivery of Art. 126. Delaying release. detained persons to the proper judicial Art. 127. Expulsion authorities. ELEMENTS:
Though the elements specify that the offender be a public officer or employee, private individuals who conspire with public officers can also be liable. ELEMENTS: 1. That the offender is a public officer or employee 2. That he has detained a person for some legal grounds 3. That he fails to deliver such person to the proper judicial authority within: a. 12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent b. 18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or c. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent 1. That the offender is a public officer or employee 2. That he expels any person from the Philippines, or compels a person to change his residence 3. That the offender is not authorized to do so by law 2 ACTS PUNISHABLE: a. by expelling a person from the Philippines b. by compelling a person to change his residence ONLY PRESIDENT File Unlawful detainer case in court lessee/lessor not paid rent, also Expropriation Proceedings (Power of Eminent Domain) govt deems necessary to get ur property
Section Two. Violation of domicile

papers or other effects found therein without the previous consent of such owner c. refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same Violation of Domicile (crime against fundamental law of states vs. Trespass to Dwelling (crime against personal liberty & security) Fact that house is lock, door is closed Offender: Pub Off/Employees only those who are tasked under the law to enforce/implement a search warrant Never be trespass to dwelling as long as Pub off who are tasked under the law to enforce search warrant

b. searching

Elements? Art. 128. Violation of domicile. 124 vs 125? Distinguish both Pub Off, ELEMENTS: arrest/det 1. That the offender is a public 124 unlawful officer or employee 2. That he is not authorized by 125 arrest/det based on lawful judicial order to enter the dwelling grounds DELAY and/or to make a search therein Delivery filing of info in court for papers or other effects charging___ 3. That he commits any of the Proper Jud Authorities? Regional following acts: Trial Court, Sandiganbayan NOT a. entering any dwelling CA/SC only if has exclusive & Regional against the will of the owner Jurisdiction thereof Ex. Homicide/Murder

Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. Art. 130. Searching domicile without witnesses. Relate 131-132 w/ 153
Section Three. Prohibition, interruption &dissolution of peaceful meetings

Art. 131. Prohibition, interruption and dissolution of peaceful meetings.


ELEMENTS: 1. Offender is a public officer or employee 2. He performs any of the ff. acts: a. prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same (e.g. denial of permit in arbitrary manner).

b. hindering any person from joining any lawful association or from attending any of its meetings Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, its unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body, not punishable under this article If the offender is a private individual, the crime is disturbance of public order (Art 153)

b. during the celebration of any religious ceremony 2. That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the feelings) 3. The offender is any person 4. There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet

Section One. Crimes against legislative bodies and similar bodies

Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. Art. 144. Disturbance of proceedings.
Section Two. Violation of parliamentary immunity

Section Four. Crimes against religious worship

Distinguish 133 vs. 132 132 need not be offensive to feeling of the faithful vs. 133 acts must be notoriously offensive Ex.

Art. 145. Violation of parliamentary immunity.


Chapter Three

Art. 132. Interruption of religious worship.


ELEMENTS: Offender is a public officer or employee 2. That religious ceremonies or manifestations of any religion are about to take place or are going on 3. That the offender prevents or disturbs the same
1.

Elements? Must be a stranger to the meeting & 153 (officer not stranger to the meeting) Art. 133. Offending the religious feelings.

ELEMENTS: 1. That the acts complained of were performed a. in a place devoted to religious feelings, or (for this element, no need of religious ceremony, only the place is material)

ILLEGAL ASSEMBLIES AND ASSOCIATIONS Art. 146. Illegal assemblies. Art. 147. Illegal associations. Art. 148. Direct assaults. Title Three CRIMES AGAINST PUBLIC ORDER Art. 149. Indirect assaults. Chapter One Art. 150. Disobedience to summons REBELLION, SEDITION AND issued by the National Assembly, its DISLOYALTY Art. 134. Rebellion or Insurrection; committees or subcommittees, by the Constitutional Commissions, its How committed. committees, subcommittees or Article 134-A. Coup d'etat; How divisions. committed. Art. 151. Resistance and Art. 135. Penalty for rebellion, disobedience to a person in authority insurrection or coup d'etat. Art. 136. Conspiracy and proposal to or the agents of such person. Art. 152. Persons in authority & commit coup d'etat, rebellion or agents of persons in authority; insurrection. Art. 137. Disloyalty of public officers Who shall be deemed as such. Public Disorder (153-155) or employees Art. 153. Tumults and other Art. 138. Inciting a rebellion or disturbance of public orders; insurrection. Tumultuous disturbance or Art. 139. Sedition; How committed. interruption liable to cause Art. 140. Penalty for sedition. disturbance. Art. 141. Conspiracy to commit Art. 154. Unlawful use of means of sedition. publication and unlawful utterances. Art. 142. Inciting to sedition. (discuss w/ libel) Chapter Two crimes against POPULAR REPRESENTATION Art. 155. Alarms and scandals.

Art. 156. Delivery of prisoners from jails. Relate w/ 223 & 224 Art. 157. Evasion of service of sentence. Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations, earthquakes, or other calamities. Art. 159. Other cases of evasion of service of sentence. (violation of conditional pardon) Art. 160. Commission of another crime during service of penalty imposed for another offense; Penalty. (quasi-recidivist)

Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of credit. Art. 169. How FORGERY is committed. Art. 170. FALSIFICATION of legislative documents.
Official, Public, Commercial & Private Docs. (171-172)

Affidavits & Statements under oath (183)

Art. 183. False testimony in other cases and perjury in solemn affirmation. Art. 184. Offering false testimony in evidence.
Chapter Three FRAUDS Section One. Machinations, monopolies and combinations

Art. 171. FALSIFICATION by public officer, employee or notary or ecclesiastic minister. Art. 172. FALSIFICATION by private individual and use of falsified documents. Art. 173. FALSIFICATION of wireless, cable, telegraph and Chapter One telephone messages, and use of FORGERIES Section One. Forging the seal of the said falsified messages. Government of the Philippine Islands, Art. 174. False medical certificates, the signature or stamp of the Chief false certificates of merits or service, Executive. Art. 161. Counterfeiting the great seal etc. Art. 175. Using false certificates. of the Government of the Philippine Islands, forging the signature or stamp Art. 176. Manufacturing and possession of instruments or of the Chief Executive. implements for falsification. Art. 177. Usurpation of authority or official functions. Section Three. Forging treasury or Art. 178. Using fictitious name and bank notes, obligations and securities; importing and uttering false or forged concealing true name. notes, obligations and securities. Art. 179. Illegal use of uniforms or Art. 166. Forging treasury or bank insignia. notes on other documents payable to False Testimonies (180-182) bearer; importing, and uttering such Art. 180. False testimony against a false or forged notes and documents. defendant. Art. 167. Counterfeiting, importing and Art. 181. False testimony favorable to uttering instruments not payable to the defendants. bearer. Art. 182. False testimony in civil cases.
Section Two. Counterfeiting Coins Art. 163. Making and importing and uttering false coins. Art. 162. Using forged signature or counterfeit seal or stamp. Art. 165. Selling of false or mutilated coin, without connivance. Art. 164. Mutilation of coins; Importation and utterance of mutilated coins. Art. 165. Selling of false or mutilated coin, without connivance.

Art. 185. Machinations in public auctions. Art. 186. Monopolies and combinations in restraint of trade.
Section Two. Frauds in commerce and industry Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. Art. 188. Subsisting and altering trade-mark, trade-names, or service marks. Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service mark, fraudulent designation of origin, and false description. Title Five CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS Art. 190. Possession, preparation and use of prohibited drugs and maintenance of opium dens. [Art. 191. Keeper, watchman and visitor of opium den. [Art. 192. Importation and sale of prohibited drugs. [Art. 193. Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug. [Art. 194. Prescribing opium unnecessary for a patient. Art. 195. What acts are punishable in gambling. Art. 196. Importation, sale & possession of lottery tickets or advertisements. Art. 197. Betting in sports contests. Art. 198. Illegal betting on horse race. Art. 199. Illegal cockfighting.

Art. 200. Grave scandal. Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. Art. 202. Vagrants and prostitutes; penalty.