Criminal Law II Crimes Against National Security and the Law of Nations TREASON Laurel vs.

Misa That the accused claim that his allegiance as a Filipino citizen was suspended and that there was a change of sovereignty over the Phil Islands: •A citizen or subject owes, not a qualified and temporary, but an absolute and permanent allegiance, which consists in the obligation of fidelity and obedience to his government of sovereign. The absolute and permanent allegiance of the inhabitants of a territory occupied by the enemy to their legitimate government or sovereign is not abrogated or severed by the enemy occupation, because the sovereignty of the government or sovereign de jure is not transferred there by the occupier. •Just as treason may be committed against the Federal as well as against the State Govt, in the same way treason may have been committed during the Japanese occupation against the sovereignty of the US as well as against the sovereignty of The Phil Commonwealth; and that the change of our form of govt from commonwealth to republic does not affect the prosecution of those charged with the crime of treason committed during the commonwealth, because it is an offense against the same govt and the same sovereign people. People vs. Perez That the women were brought by the accused to the Japanese soldiers for sexual purposes:

•Commandeering of women to satisfy the lust of Japanese officers or men or to enliven the entertainments held in their honor was no treason even though the women and the entertainments helped to make life more pleasant for the enemies and boost their spirit. •The law of treason does not prescribe all kinds of social, business and political intercourse bet the belligerent occupants of the invaded country and it inhabitants. People vs. Prieto That the accused help in torturing guerillas with Japanese soldiers: •two-witness rule: It is necessary that the two witnesses corroborate each other not only on the whole overt act but on any part of it. •Torture and atrocities as aggravating circumstances –the use hereof instead of the usual and less painful method of execution will be taken into account to increase the penalty under art. 14(21). •Plea of guilty to some counts: considered mitigating circumstance. ESPIONAGE CA 616 PIRACY People vs.Lol-lo and Saraw That the accused are claiming that they do not belong to the Phil territory: •Piracy is robbery or forcible depredation on the high seas, without lawful authority and

done animo furandi (with intent to steal) and in the spirit and intention of universal hostility. •Piracy is a crime not against any particular State but against all mankind. It may be punished in the competent tribunal or any country where the offender may be found or into which he may be carried. The jurisdiction of piracy unlike all other crimes had not territorial limits. People vs. Rodriguez •PD 532 (Anti-Piracy Law) amended 134 and its effect was to create the crime of qualified piracy where rape, murder or homicide is committed. No mitigating circumstance shall be appreciated regardless of plea of guilt. •Recall: crew members of the vessel committed crime People vs. Siyoh That the accused committed with triple murder and frustrated murder in piracy: •Recall: There was a lone survivor Antonio De Guzman who was shot in the waters but was not killed. • Number of persons killed on the occasion of piracy, not material; Piracy, a special complex crime punishable by death—but the number of persons killed on the occasion of piracy is not material. PD 532 considers qualified piracy as a special complex crime punishable by death. (not anymore-RP) HIJACKING RA 6235

the session of that body. 5 par a and b of Rule 113 of the Rules of Court. • When the other offense involved is not one of those enumerated under R. •Habeas Corpus. either of these crimes. DIRECT ASSAULT People vs. • The words of the subject provision are palpably clear to exclude any suggestion that either of the crimes of homicide and murder. Beltran • Battle in the Puzon’s compound. vs.People vs Burgos Crime Against the Fundamental Laws of the State ARBITRARY DETENTION Rule 112. • The only purpose of the provision is to increase the penalty prescribed in 1st par of sec 1— reclusion temporal in its max to reclusion perpetua to death. Ramos • Case of 8 habeas corpus. sedition or attempted coup d’etat. as the case may be. • The Maypr was a person in authority and Tolentino was a policeman who at the time was in uniform. as amended. and crimes or offenses committed in furtherance thereof or in connection therewith constitute direct assaults against the State and are in the nature of continuing crimes. The records showed that the barangay captain was in the act of trying to pacify the accused who . is justified when the person arrested is caught in flagranti delicto. An arrest without a warrant of arrest under sec. The crimes. • He was convicted of two separate offenses of murder and illegal use of firearm aggravated with illegal use of firearm. 8294. or absorbed as an element of rebellion. People vs. any information for illegal possession of firearm should be quashed because the illegal possession of firearm would have to be tried together with such other offense. •Arrest without a warrant is justified when the person arrested is caught in flagranti delicto. conspiracy or proposal to commit such crimes and offenses committed in furtherance thereof of in connection therewith constitute direct assaults against the State are in the nature continuing crimes. • The unequivocal intent of the second par of section 1. subversion. • Shooting at the mayor and a policeman on duty is attempted murder with assault. They were performing their official duties to maintain peace and order in the community. 2004 the accused carried outside his residence and armalite rifle loaded with ammunitions without having obtained proper authority in writing. pro tanto. viz in the act of committing an offense or when an offense has just been committed and the person making the arrest has personal knowledge of the facts indicating that the person arrested has committed it. The crimes of rebellion. then the separate case for illegal possession of firearm should continue to be prosecuted. and in light of the Constitutional presumption of innocence necessarily implies a prior determination of guilt by final conviction resulting from successful prosecution or voluntary admission. The word “committed” taken in its ordinary sense. Quijada • Case where a dance was held in a basketball court and Quijada kept on pestering Iroy’s sister and Quijada killed the brother. Rolando Dural was arrested for being a member of the NPA. the arrest of Rolando Dural without warrant is justified as it can be said that he was committing an offense when arrested. sec 6 Rule 113. as crimes mala in se under the RPC is obliterated as such and reduced as a mere aggravating circumstance in illegal possession of firearm whenever the unlicensed firearm is used in killing a person. • The accused can be convicted of illegal possession of firearms. 8294. • Its clear language yields no intention of the lawmaker to repeal or modify. and for a reasonable time before and after. insurrection. CA • On May 12. to enable them to go to and return from the same. either considered as an aggravating circumstance in murder or homicide. Subversion. Subversion being a continuing offense. ILLEGAL POSSESSION OF FIREARMS RA 8294 People vs. sec 5 Umil vs. A prosecution for a criminal offense is thus excluded from this grant of community. Captain was giving a speech. • Barangay captain was killed while in the performance of his duties. an outlawed subversive organization. Articles 248 and 249 of the RPC in such a way that if an unlicensed fiream is used in the commission of homicide or murder.A.A. Celino Sr. would only serve to aggravate the offense of illegal possession of firearm and would not anymore be separately punished. provided no other crime was committed by the person arrested. Dollantes • The case where the accused brandished a knife challenging anyone to fight with him when the brgy. of PD 1866 is to respect and preserve homicide or murder as a distinct offense penalized under the RPC and to increasae the penalty for illegal possession of firearm where such a firearm is used in killing a person. • When the other offense involved is one of those enumerated under R.

prosecuted and convicted by final judgment before he can be made to suffer the penalty under 159.was making trouble in the dance hall when he was stabbed to death. remains bitter and high. De la Cruz • Case where the accused was summoned at the house of the governor to fix the fence. having committed the crime charged while serving sentence for a prior offense. People vs. that similar speeches will be delivered tending to undermine the faith and confidence of the people in their government. Crimes Against Public Interest MUTILATION OF COINS PD 247 FORGERY Del Rosario vs. the mayor ofMan ila refused to grant a permit to hold a public meeting at Plaza Miranda for the purpose of petitioning the government for redress of grievances. VIOLATION OF CONDITIONAL PARDON Torres vs. Fugoso • In November 1947. INTERRUPTION. Masakayan • Accused was convicted with slander but she didn’t serve her sentence. The Court said that the constitutional right to free speech and peaceful assembly was a fundamental right of the people and may not be suppressed unless there was the probability of serious injury to the state. sentenced to destierro by virtue of final judgment. then he has not violated the law and is not guilty of the crime. He was charged 20 counts of estafa but he was not yet convicted of final judgment. • The elements are that the offender is a convict by final judgment. If the public officer charged with the duty of guarding him does not connive with the fugitive. PROHIBITION. interpreting the ordinance to mean that the Mayor did not have the power to grant or refuse the permit. the escape of a prisoner on the part of the person in charge is an essential condition in the commission of the crime of faithfulness in the custody of the prisoner. and prohibited from entering the City of Manila. • The mayor was not held liable for Article 131 inasmuch as the doctrines and principles advocated by the communist party were highly seditious in that they suggested and incited rebellious conspiracies and disturbed and obstructed the lawful authorities in their duties. enters said city within the period of his sentence is guilty of evasion of sentence under article 157. he is serving the sentence of deprivation of liberty and he evades the service of sentence by escaping during the term of his sentence. The Supreme Court ordered the mayor to grant the permit. California: "Fear of serious injury cannot alone justify suppression of free speech and assembly. • A convict granted conditional pardon who is recommitted must of course be convicted by final judgment of a court of the subsequent crime or crimes with which he was charged before the criminal penalty for such subsequent offense can be imposed upon. People • Erasure and alteration of figures in genuine treasury notesThe possession of genuine treasury notes of the Philippines any of the “figures. But for lack of requisite votes. The maximum penalty prescrived by law for the new felony (murder) is death. Abilong • The accused was sentenced with destierro (100M from Manila) • One who. • In order to be guilty under 223 (connivance) and 224 (negligence). only the discretion to specify where the parade may pass or where the meeting may be held. regardless of the presence or absence of any mitigating or aggravating circumstance or the complete absence thereof. The parolee or convict who is regarded as having violated the provisions thereof must be charged. specially on the part of the losing groups. Earnshaw • Earnshaw the alleged President of the Communist Party of the Philippines requested a necessary permission to hold a popular meeting at the plaza. • Negligence in the custody of a prisoner under 224 of the RPC punishable if it is definitely and deliberately committed. reclusion perpetua is imposed. or. AND DISSOLUTION OF PEACEFUL MEETINGS Evangelista vs. • The accused are quasi-recidivists. it is necessary that the public officer had consented to. Primicias vs. basing upon previous utterances and upon the fact that passions. which might threaten breaches of the peace and a disruption of public order. Primicias filed a case to compel the mayor to grant the permit. Batang Mindanao case. • May the mayor be compelled to grant the permit? • Yes. or connived in. by analogy. words or signs contained” in which had been erased and/or altered. RPC. with knowledge of such erasure and alteration. • The prescription commence from date when culprit should evade the service of his sentence. Gonzales • The accused was convicted of estafa but then he was granted a conditional pardon provided he would not violate any penal laws. a public meeting or assembly. Dionisio • The Happy Go Lucky gang vs. and quoted US Supreme Court Justice Brandeis in Whitney vs. The mayor denied the request and prohibits all kinds of meeting held in the city. letters. EVASION OF SERVICE OF SENTENCE Tanega vs. and with the intent to use such notes in enticing another to advance funds for the avowed purpose of financing the manufacture of counterfeit treasury notes of . and in the duly constituted authorities. QUASI-RECIDIVISM People vs.” DELIVERY OF PRISONERS FROM JAIL Alberto vs. The mayor’s reason: "that there is a reasonable ground to believe." A Manila ordinance at that time required a mayor’s permit to hold a parade or procession.

People • Mayor appointed one woman as clerk but there were no funds available and no special ordinance creating said position.the Philippines. thus. substituting . (“You may have your own Corazon” statement of the Court). words or signs contained therein) because no figure. He should have been charged of usurpation of official functions and not of usurpation of authority. false or fake document or instrument is given the appearance of a true and genuine document. • The falsification of a public document may be a means of committing estafa because before the falsified document is actually utilized to defraud another. damage or intent to cause damage not being an element of the crime of falsification of public. not by falsification of the document. under the circumstances proven in this case. Villalon • Case where a document of mortgage was falsified by the accused alleging that he has obtained the signatures of the De Guzman brothers. The forgery consists in the addition of a word in an effort to give to the present document the appearance of the true and genuine certificate that it used to have before it was withdrawn or has outlived its usefulness. the principal thing being punished is the violation of the public faith and the destruction of the truth proclaimed therein. Syquian vs. the crime of falsification has already been consummated. People vs. the prescriptive period commences from the time the offended party had constructive notice of the alleged forgery after the document was registered with the Register of Deeds. or have outlived their usefulness. However the SOLGEN argued that in makes no difference whether the accused was suspended or dismissed from the service for both imply the absence of power to represent oneself as vested with authority to perform acts pertaining to an office to which he knowingly was deprived of. word. • Driver’s license a public document. official or commercial documents. is punishable. Romualdez • Case of Bar Exam where the scores of a certain Mabunay were changed. The alterations made in such papers. official or commercial document is only a necessary means to commit the estafa. • The existence of a wrongful intent to injure a third person is not necessary when the falsified document is a public document. without being lawfully entitled to do so. letter. • The contention that the papers which defendant ER altered were not public or official documents is untenable because the examination of candidates for admission to the bar is a judicial function.any person: a. • The driver’s license being a public document. • In the crime of falsification of a public document. • She assumed the role as his wife and used his name without any sinister purpose or personal material gain in mind. agent and representative of any department or agency of the Phil Goct or of any foreign govt (Usurpation of authority) b. or sign contained in Exhibit A has been erased. People • Case where accused claimed that he was an agent of CIS of the Phil Constabulary and went to Pal to conduct verification of same travel by the Black Mountain officials and presented an ID. counterfeited or altered. he was acquitted. substituted. USE OF FALSIFIED DOCUMENTS People vs. USURPATION Gigantoni vs.who knowingly and falselyr epr esent himself to be an officer. constitute the crime of falsification of public documents.Art 177 of the RPC on usurpation of authority or official functions. the appearance of a true and genuine document). The damage to another is caused by the commission of estafa. Dava • Case where Dava acquired a falsified driver’s license after his previous license was confiscated due to a felony he committed. The case under consideration could not come within the second paragraph of the aforesaid article (By erasing. • In falsification of public or official documents. She applied for benefits upon his death not for herself but for their son. hence. Galano • Balut case and the Victory note payment • • The forgery here committed comes under the first paragraph of Article 169 or the Code (By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein. (Usurpation of official functions) • Accused was previously a member of the said organization however it was not proven by the prosecution that he was dismissed from the org and that he no longer possesses such authority. USING FICITITIOUS NAME CA 142 Legamia vs. FALSIFICATION People vs. but also to situations involving originally true and genuine documents which have been withdrawn or demonetized. letters. proof of the fourth element of damage caused to another person or at least an intent to cause such damage has become immaterial. • Usurpation of authority and usurpation of official functions. This provision does not only contemplate situations where a spurious. counterfeiting or altering by any means the figures. the falsification of the public. of the grades given to them by the correctors. People vs.under pretense of official position.perf or m s any act pertaining to any person in authority or public officer of the Phil Govt or any forein govt or any agency thereof. . IAC • Case where a woman used the name Corazon Reyes instead of Corazon Legamia y Rivera bec she has been living with Emilio Reyes for 20 years but not married.

ILLEGAL USE OF UNIFORMS OR INSIGNIA RA 75 RA 493 PERJURY Diaz vs. and they had attempted to cause and in fact succeeded in causing another bidder to stay away from the auction in order to cause reduction of the price of the property auctioned. MACHINATIONS IN PUBLIC AUCTIONS Ouano vs. authorized to receive and administer oath c. • As defined. • Causing another bidder to stay away from the auction in order to cause reduction of the price of the property auctioned. That the sworn statement or affidavit containing the falsity is required by law or made for legal purpose. perjury is the willful and corrupt assertion of falsehood under oath of affirmation administered by authority of law on a material matter.That in that statement or affidavit. • Property forfeited in favor of the govt .that the accused made a statement under oath or executed an affidavit upon a material matter. the accused made a willful and deliberate assertion of a falsehood d. b. • All elements present: a. These acts constitute a crime where Ouano and Eschavez had promised to share in the property in question as a consideration for Ouano’s refraining from taking part in the public auction.That the statement or affidavit was made before a competent officer. People • Case where the accused made it appear that he was a 4th yr student with Bachelor of Arts at the Cosmopolitan and Harvardian Colleges and this was a requirement for his reappointment as School Administrative Asst. CA • Case where auction was manipulated.