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CRIMINAL LAW 2

Crimes against national security


1.
2.
3.
4.

Treason
Conspiracy and proposal to commit treason
Misprision for treason
Espionage

Crimes against the law of nations


1.
2.
3.
4.
5.

Inciting war or giving motives for reprisals


Violation of neutrality
Correspondence with hostile country
Flight to enemys country
Piracy in general and mutiny on the high seas or in the Philippine waters

Crimes against national security


CHAPTER ONE: ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETING AND CRIMES AGAISNT RELIGIOUS WORSHIP
SECTION 1: TREASON AND ESPIONAGE
Article 114. Treason
A breach of allegiance to a government committed by a person owing allegiance to it.
Nature: the violation by a subject to his sovereign or to the supreme authority of the state, a war crime, cannot be
committed peace.
Elements:
a. That the offender is a Filipino citizen or an alien residing in the Philippines
b. That there is a war in which the Philippines is involved
c. That the offender eithera. Levies a war against the government
b. Adheres to her enemies, giving them aid or comfort.
Allegiance- the obligation of fidelity and obedience which the individuals owe to the government under which they
live or to their sovereign, in return for the protection they receive. It is either:
a. Permanent: obligation of fidelity and obedience which a citizen owes to his government
b. Temporary: resident alien
Two ways of committing treason:
1. By levying war against the government: must be with the intent to overthrow the government as such, not
merely to resist a particular statute or to repel a particular officer: it must be or have an intention of helping an
external enemy. It requires the concurrence of two (2) things:
a. There be an actual assemblage of men
b. For the purpose of executing a treasonable design
2. By adhering to the enemies of the Philippines, giving them aid or comfort.
a. Adhering to her enemies: means intent to betray; when a citizen intellectually or emotionally favors
the enemy and harbors symphonies or convictions disloyal to his countrys policy or interest.
b. Aid or comfort: an act which strengthens or tends to strengthen the enemy in the conduct of war
against the traitors country and an act which weakens or tends to weakens the power of the traitors
country to resist or to attack the enemy
General rule: To be treasonous, the extent of aid and comfort given to the enemies must be to
render assistance to them as enemies and not merely as individuals and in addition be directly in
furtherance of the enemys hostile designs.
There is no treason through negligence- it must be intentional.
There is also no complex crime of treason with murder, physical injuries, etc.

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When killings are charged as an overt act of treason, they cannot be regarded as (1) separate crime or (2)
complex crime as the deed and physical activity done to give aid or comfort may and often is in itself a criminal
offense. These become identified with the crime of treason and cannot be the subject of a separate punishment or
used in conjunction with treason to increase the penalty.
This does not preclude the punishment of murder or other common crimes as such, if the prosecution should elect
to prosecute the culprit specifically for these crimes.
Ways of proving treason:
1. Testimony of two witnesses, at least, to the same overt act
Same overt act: same act, place and moment of time- but it is not required that the testimonies be identical.
The two-witness rule is required because of the special nature of the crime; the accused must be afforded a
special protection not required in other cases so as to avoid a miscarriage of justice
2. Confession of the accused in open court- that is, before the judge while actually hearing the case. Extrajudicial
confession or confession made before the investigators is not sufficient to conflict a person of treason.
Aggravating circumstances
1. Cruelty- augmented
1. the wrong by causing
other wrong
2. Ignominy- only applies to crime against
chastity (special aggravating)
2.
- Moral circumstances which
adds3.
disgrace

Not aggravating in treason


1. Evident premeditation- inherent (nature);
decision to commit the crime; overt act
manifesting his determination; laps of time.
2. Superior strength- inherent; intentionally
employs excessive force
3. Treachery inherent; means was
deliberately chosen

Invalid defenses in treason:


1. Defense of suspended allegiance, since:
a. A citizen owes an absolute and permanent allegiance to the government.
b. Sovereignty of the government is not transferred to the enemy by mere occupation
c. Subsistence of the sovereignty of the legitimate government in a territory occupied by the military forces of the
enemy during the war is one of the rules of international law.
d. What is suspended is only the exercise of the rights of the sovereignty.
2. Defense of loss of citizenship by joining the army.
Valid defenses:
1. Obedience to a de facto government.
2. Duress or uncontrollable fear
Article 115. Conspiracy and proposal
Two-witness rule does not apply to conspiracy and proposal
Note: this is an exception to Article 8.
Article 116. Misprision of Treason
Punished as an accessory even if he is a principal.
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 government or fiscal
of the province or the mayor or fiscal of the city which he resides.
Article 117. Espionage
The offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to
believe that the information is to be used to the injury of the Philippines or to the advantage of any foreign nation.
Two (2) ways of committing espionage:
1. By entering, without authority therefor, a warship, port, or naval or military establishment or reservation to obtain
any information, plans, photographs or other data of confidential nature to the defense of the Philippines
a. Offender enters any of the places mentioned
b. That he has no authority thereof
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c.

That his purpose is to obtain information, plans, photographs or other data of a confidential nature
relative
2. By disclosing to the representative of a foreign nation the contents of the articles, data or information which he
had in possession by reason of the public office he holds.
a. Offender is a public officer
b. He has in possession the articles, data or information, referred to paragraph no. 1 by reason of public
office
c. He discloses their contents to a representative of a foreign nation
SECTION 2: PROVOKING WAR AND DISLOYALTY
These includes:
1. Inciting to war or giving motives for reprisals
2. Violation of neutrality
3. Correspondence with hostile country
4. Flight to enemys country
Article 118. Inciting to war or giving motives for reprisals
Elements:
1. That the offender performs unlawful or unauthorized acts
2. That such acts provoke and give occasion for war involving or liable to involve the Philippines or expose Filipino
citizens to reprisals on their persons or property
The intention of the offender is immaterial and the crime is committed in time of peace.
Penalty of private individual: Prision mayor
Penalty of public officer or employee: Reclusion temporal
Article 119. Violation of neutrality
Elements:
1. There is a war in which the Philippines is NOT involved
2. There is a regulation issued by a competent authority for the purpose of enforcing neutrality
3. The offender violates such regulation
Neutrality: a nation or power which takes no part in a contest of arms going or between others is referred to as neutral.
Article 120. Correspondence with a hostile country
Elements:
1. That it is in time of war in which the Philippines is involved
2. That the offender makes correspondence with an enemy country of territory occupied by enemy troops
3. That the correspondence is eithera. Prohibited by the government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which might be useful to the enemy.
Correspondence: communication by means of letter; or it may refer to the letters which pass between those who have
friendly or business relations
Even if correspondence contains innocent matters, if it is prohibited, it is punishable. As for the second and third, it is not
necessary that the prohibition is provided for it is punishable.s
Circumstances which qualify the offense:
1. That the notice or information might be useful to the enemy
2. That the offender intended to aid the enemy (amounts to treason; penalty same)
Article 121. Flight to enemys country
Elements:
1. That there is a war in which the Philippines is involved
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2. That the offender must be owing allegiance to the government


3. That the offender attempts to flee or go to enemy country
4. That going to enemy country is prohibited by competent authority
SECTION 3: PIRACY AND MUTINY ON THE HIGH SEAS IN PHILIPPINE WATERS
Two ways or modes of committing piracy:
1. By attacking or seizing a vessel on the high seas or in the Philippine waters;
2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment
or personal belongings of its complement or passengers
Elements of Piracy:
1. That a vessel is on the high seas or in the Philippine waters
2. That the offenders are not members of its complement or passengers of the vessel
3. That the offenders :
a. Attack or seize that vessel
b. Seize the whole or part of the cargo of the vessel, its equipment or personal belongings of tis complement
or passengers
High seas: any water on the (high) seas coast which are without the boundaries of low-water mark although such water
may be in the jurisdictional limit of a foreign government.
- Parts of the seas that are not included in the EEZ, territorial waters or internal waters of a state or in the
archipelagic waters of an archipelagic state
PIRACY: robbery or furable depredation on the high seas, without lawful authority and done with animo furandi (intent to
gain) and in the spirit and intention of universal hostility.
MUTINY: unlawful resistance to a superior officer or the raising of the commotions and disturbances on board a ship
against the authority of its commander
- Same penalty for piracy
When considered as Terrorism (RA No. 9372)
Sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand.
Qualified whenever the offenders (SAA):
1. Seized the vessel by boarding or firing upon the same.
2. Abandoned their victims without means of saving themselves
3. Accompanied by murder, homicide, physical injuries or rape
Philippine waters: all bodies of water, such as but not limited to sea, gulfs, bays around, between and connecting each of
the islands of the Philippine archipelago
Vessel: any vessel or watercraft used for the transport of the passengers and cargo from one place to another through
Philippine waters.
Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice.
Piracy under Article 122
May be committed by attacking or seizing a vessel
or seizing the whole or part of the cargo of said
vessel, its equipment or personal belongings of its
complement or passengers
Committed only by a stranger to a vessel- neither
a passenger nor a member of the complement of
the vessel
The waters or high seas
Murder, homicide, physical injuries, rape

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Piracy under PD 532


Same by means of violence against or
intimidation of persons or force upon things

Any person

Only in Philippine waters


When physical injuries or other crimes are
committed as a result thereof. When murder,
homicide, rape is committed by reason or on
occasion thereof.

SPECIAL LAWS
RA 6235 (Anti-hijacking Law)
Acts punishable:
1. Compel a change in the course or destination of an aircraft of the Philippine registry or to seize or usurp the
control thereof, while it is in flight.
2. Compel an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is
within the said territory.
3. Ship, load or carry in any passenger aircraft operating as public utility within the Philippine any explosive,
flammable, corrosive or poisonous substance or material.
Qualifying circumstnces:
1. Fired upon pilot, crew members, passengers
2. Exploded or attempted to explode any bomb or explosive to destroy the aircraft
3. Accompanied by MH5pht R
For 3rd act: any death or injury to persons or damage to property (RPC can still be applied)
in flight: all its external doors are closed following embarkation until any of such doors is opened for disembarkation.
RA 9372 (Human Security Act)
Sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce
the government to give in to an unlawful demand.
Principal: 40 years, with no parole
Conspiracy: 40 years
Accomplice: 17 years, 4 months- 20 years
Accessory: 10 years and 1 day-12years (Article 19 applies)
Applies to: (section 3)
Piracy, rebellion/ insurrection, coup d etat, murder, kidnaping and serious illegal detention, crimes involving destruction
Extraterrioriality:
1. Individual persons who commit any of the crimes within Philippines
2. Individual person who, although physically outside Philippines, conspire or plot to commit any ot the crimes inside
the Philippines
3. Individual persons who, although outside Philippines, commit any of such crimes in Philippine ship or airship
4. any embassy, consulate or diplomatic premise of Philippines
5. against Philippine citizens or persons of Filipino decent where citizenship or ethnicity was a factor in the
commission of a crime
6. . against the government
RA 9745 (Anti-torture act of 2009)
Torture: An act which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person information or confession furnishing him for an act he or a third
person is suspected of having committed intimidating or coercing
Act of Torture:
1. Physical: causes severe pain, exhaustion, disability, dysfunction
2. Mental/ Psychological: to affect or confuse the mind or undermine a persons dignity or morale
3. Other CID treatment or punishment which causes suffering, gross humiliation or devastation
Freedom from torture and other cruel inhuman and degrading treatment is an absolute right (Section 6).
No secret detention palces, solitary confinement, incommunication (Section 7)
Who are criminally liable:
1. As principals
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a.
b.
c.
d.

Actually participated or induced another


Cooperated in the execution of the act
Superior who issued an order to a lower ranking official to commit it
Immediate commanding officer or senior officer for act or omission or negligence which led to the
commission of the crime
e. Knowledge yet did not take preventive measure
2. As accessories: done with abuse of the officials public function

Torture shall not absorb or be absorbed by any other crime or felony committed as a consequence or as a means
in the conduct or commission thereof (section 15)
Persons who have committed any act of torture shall not benefit from any special amnesty or law or similar
measures that will have the effect of exempting them from any criminal proceedings and sanctions (section 16)

UNCLOS:
1. Territorial sea (12 miles)- sovereignty including over its resources
2. Contiguous zone (24 miles)- states may exercise the control necessary to prevent and punish infringement of
customs , fiscal, immigration or sanity laws and regulations occurred in its territory.
3. Exclusive economic zone (200 miles)- sovereign rights for the purposes of exploring and exploiting, conserving
and managing natural living or non-living resources of the waters
4. Continental shelves (200 miles)- exploring and exploiting mineral and other non-living resources
TITLE TWO: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
Fundamental laws of the state- bill of rights
SECTION 1: ARBITRARY DETENTION AND EXPULSION
Classes of arbitrary detention:
1. Arbitrary detention by detaining a person without legal ground (Article 124)
2. Delay in the delivery of the detained persons to the proper judicial authorities (Article 125)
3. Delaying release (Article 126)
Article 124. Arbitrary detention
Elements:
1. That the offender is a public officer or employee
2. That he detains a person
3. That the detention is without legal grounds
Public officer: vested with authority to detain or order the detention of persons accused of a crime, but when they decide/
detain a person they have no legal grounds thereof.
If committed by a private individual or other public officers, the crime is illegal detention under Article 267 or 268.
But private individuals who conspired with public officers in detaining a person are guilty of AD.
Detention: the actual confinement of a person in an enclosure or in any manner detaining and depriving him of his liberty;
restraining on his person
Without legal grounds when:
1. When he has not committed any crime or at least. There is no reasonable ground for suspicion that he has
committed a crime.
2. When he is not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital.
Legal grounds for the detention of any person:
1. The commission of a crime
2. Violent insanity or any other ailment requiring the compulsory confinement of the patient in a hospital
Arrest without warrant is the usual cause of arbitrary detention: peace officer must have a warrant of arrest properly
issued by the court in order to justify the arrest. Unless:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit and offense;
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2. When an offense has just in fact been committed and he has probable cause to believe based on personal
knowledge of facts and circumstances that the person to be arrested has committed it; and
3. When the person to be arrested is a prisoner who has escaped from a final judgement or temporarily confined
while his case is pending, or has escaped while being transferred from one confinement to another.
In his presence- when the officer sees the offense being committed, although at a distance or hears the disturbance
created thereby and proceeds at once to the scene or when the offense is continuing or has not been consummated at
the time the arrest is made, the offense said to be committed in his presence.
Personal knowledge- based upon probable cause, which means an actual belief or reasonable ground of suspicion.
Probable cause- such facts and circumstances which could lead a reasonable discreet and prudent man to believe that an
offense has been committed and that the object sought in connection with the offense are in the place to be searched.

In arbitrary detention, the legality of the detention does not depend upon judicial and much less the judicial fact of
the crime, which at the time of the commission.
Can be committed through imprudence (punished under Article 365 in relation to 124) is not and cannot definitely
be determined for lack of necessary data and of jurisdiction, but upon the nature of the deed.

Article 125. Delay in the delivery of detained person to proper judicial authorities
Elements:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal ground
3. That he fails to deliver such person in the proper judicial authorities within:
a. 12 hours, if punishable by light penalties
b. 18 hours, if punishable by correctional penalties
c. 36 hours, if punishable by afflictive or capital penalties
The detention is legal in the beginning because the person detained was arrested under any circumstances
where arrest without warrant is authorized by law. The detention becomes illegal after certain period of time
because the OP is not delivered to the proper judicial authority.
Article 125 does not apply when the arrest is by virtue of a warrant of arrest; the person arrested can be detained
indefinitely until his case is decided by the court or he posts a bail for his temporary release.
Delivery- does not consist in a physical delivery, but in making an accusation in charge or filing of an information against
the person arrested with the corresponding court or judge, whereby the latter acquires jurisdiction to issue an order of
release or of confinement of the prisoner (Sayo vs Chief of Police in Manila)- robbery
Proper judicial authorities- courts of justice or judges of sala courts.
Rights of the person detained:
1. He shall be informed of the cause of his detention
2. He shall be allowed, upon his request, to communicate and confess at any time with his attorney or counsel
Detention under RA 9372 (Terrorism or conspiracy to commit terrorism)
Three (3) days from the moment the said charged or suspected person has been apprehended or arrested,
detained and taken into custody by said police or law enforcement personnel
Before detaining the person suspected of the crime of terrorism, the police or law enforcement personnel
concerned must preset him or her befre any judge at the latters residence or office nearest the place wher the
arrest tookplace at any time of the day or night.
Article 126. Delaying of release
1. By delaying the performance of a judicial or executive order for the release of the prisoner
2. By unduly delaying the service of notice of such order to said prisoner
3. By unduly delaying the proceedings upon any petition for the said liberation of such person
Elements:
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such person
3. That the offender without good reason delays:
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a. The service of the notice of such order to the prisoner


b. The performance of such judicial or executive order for the release of the prisoner
c. The proceedings upon a petition for the release of such person
Circumstances considering in determining the criminal liability of an officer:
1. Means of communication
2. Hour of arrest
3. Time of surrender material possibility for investigation
Article 127. Expulsion
Acts punishable:
1. By expelling a person from the Philippines
2. By cimpelling a person to change his residence
Elements:
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 by law.
SECTION 2. VIOLATION OF DOMICILE
Crimes:
1. Violation of domicile b entering a dwelling against the will of the owner or making search (warrant) without
previous consent of the owner (Article 128)
2. Search warrants maliciously obtained and abuse in the service of those legally obtained (Article 129)
3. Searching domicile without witnesses (Article 130)
Article 128. Violation of Domicile
Acts punishable:
1. By entering any dwelling against the will of the owner thereof
2. By searching papers or other effects found therein without the previous consent of such owner
3. By refusing to leave the premises after having surreptiously entered said dwelling and after having been required
to leave the same
Elements: (common to the three acts)
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the dqelling and/or to make a search therein for papers or other
effects
If private individual: the crime is trespass to dwelling
Against the will of the owner: presupposes opposition or prohibition by said owner whether express or implied; not
committed if entrance is only without consent or the owner consented to the entrance
Circumstances qualifying the offense:
1. If the offense is committed at nighttime
2. If any papers or effects not constituting evidence of a crime are not returned immediately after the search is made
by the offender
Article 129: Search warrants maliciously obtained
Acts punishable:
1. By procuring a search warrant without just cause
2. By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured
Elements:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause
Search warrant: an order in writing in the name of the People of the Philippines, signed by a judge and directed to a peace
officer, commanding him to search for personal property described therein and bring it before the court; valid for ten days
from its date, afterwards it will be void.
Personal property to be seized:
1. Subject of the offense
2. Stolen or embezzled and other proceeds of fruits of the offense
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3. Used or intended to be used as the means of committing an offense


Requisites for issuing search warrant (recall Section 2, Article III of the Constitution)
Search warrant must be in the presence of the occupant, any member of his family or in the presence of two
witnesses residing in the same locality of sufficient age and discretion
Probable cause: such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his
action, and the means taken in prosecuting it, are legally just and proper.

No just cause when it appears on the face of the affidavits through other evidence, that the applicant had every
reason to believe that the search warrant sought for was unjustified.
Public officers may also be liable for perjury if they made a willful and deliberate assertion of falsehood in the
affidavits filed.

Elements:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or use uneccessary severity in executing the same.
Exception: possession of contraband articles, like firearms without license, is a flagrant violation of the law and can be
seized without a writ.
Article 130: Searching domicile without witnesses
Elements:
1. That the offender is a public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches domicle, papers or other belongings of any person
4. That the owner or any member of his family or two witnesses residing in the same locality are not present
Article 131: Prohibition, interruption and dissolution of peaceful meetings
Acts punished:
1. By prohibiting or by interrupting without legal ground, the holding of a peaceful meeting, or by dissolving the same
2. By hindering any person from joining any lawful association or from attending any of its meetings
3. By prohibiting or hindering any person from addressing either alone or together with others, any petition to the
authorities for the correction or abuses or redress of grievances.
Elements common:
1. Offender is a public officer or employee
2. He performs any of the acts mentioned
If private individual: disturbance of public order (Article 153)
SECTION 4: CRIMES AGAINST RELIGIOUS WORSHIP
1. Interruption of religious worship (Article 132)
2. Offending the religious feelings (Article 133)
Article 132: Interruption of religious worship
Elements:
1. The 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
Circumstances qualifying the offense:
1. If the crime is committed with violence or threat
Article 133: Offending the religious feelings
Elements:
1. That the acts complained of were performed:
a. In a place devoted to religious worship OR
b. During the celebration of any religious ceremony
2. That the acts must be notoriously offensive to the feelings of the faithful
Religious ceremonies: those religious acts performed outside of a church, such as processions and special prayers for
burying the dead
As for the second element: the acts must be directed against religious practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration.
There must be a deliberate intent to hurt the feelings of the faithful.
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Offense to feelings is judged from complainants point-of-view.


TITLE THREE: CRIMES AGAINST PUBLIC ORDER
Artilce 134: Rebellion
Elements:
1. That there be (a)public uprising and (b) taking arms against the government
2. That the purpose of the uprising or movement is either:
a. To remove from the allegiance to said government or its laws
i. The territory of the Philippines or any part thereof
ii. Any body of land, naval or other armed forces
b. To deprive the Chief executive or congress, wholly or partially of any of their powers or prerogatives
Rebellion: completely overthrow, crime of multitude; purpose of uprising must be shown
Insurrection: effect some change of minor importance or to prevent the exercise of governmental authority with respect to
particular matters or subjects.
Article 134-A: Coup d etat
May be committed with or without civilian participation
Elements:
1. That the offender is a person or persons belonging to the military or police or holding any public office or
employment
2. That it is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy or stealth
3. That the attack is directed against duly constituted authorities of the Philippines or any military camp or
installation, communication networks, public utilities or other facilities needed for the exercise and continued
possession of power
4. That the purpose of the attack is to seize or diminish state power
Article 135: Who are liable for rebellion, insurrection and/or coup d etat
1. The leaders:
a. Any person who (a) promotes, (b) maintains, or (c) heads a rebellion or insurrection
b. Any person who (a) leads, (b) directs, or (c) commands others to undertake coup d etat
2. The Participants:
a. Any person who (a) participates, or (b) executes the commands of others in rebellion
b. Any person in the government service who (a) participates, (b) executes directions or commands of others in
undertaking a coup d etat
c. Any person not in the government service who (a) participates, (b) supports, (c) finances, (d) abets or (e)aids
in undertaking a coup d etat
Public officers must take active participation. Mere silence or omission is not punishable/
No complex crime of rebellion with murder and other common crimes
acts committed in furtherance of rebellion though crimes in themselves are deemed absorbed in one single crime
of rebellion. It cannot be charged as a separate crime.
If the killing, robbing, etc during the rebellion were done for private purposes, the crimes would be separately
furnished.
o Decisive factor in the intent or motive (political crimes)
Article 136: Conspiracy and proposal to commit coup d etat, rebellion or insurrection
Merely agreeing and deciding to rise publicly and take arms against the government for the purpose of rebellion
or merely proposing the commission of said acts is already subject to punishment.
Article 137: Disloyalty of public officers or employees
The offender must be a public officer or employee; must not be in conspiracy
Acts of disloyalty:
1. By failing to resist a rebellion by all the means in their power
2. By continuing to discharge the duties of their offices under the control of the rebels
3. By accepting appointment of office under them
Article 138: Inciting to rebellion or insurrection
Elements:
1. That the offenders does not take advantage or is not in open hostility against the government
2. That he incites others to the execution of any of the acts of rebellion
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3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners, or other
representatives tending to the same end
Rebellion, inciting to
Rebellion, proposal to commit
Not required that the offender has decided to
Person who proposes has decided to commit
commit it
rebellion
The act of inciting is done publicly
Uses secret means
*in both crimes, the offender induces another to commit rebellion
Rebellion should not be actually committed by the persons to whom it is proposed or who are incited. If they commit the
rebellion because of the proposal or the inciting, the proponent or the one inciting becomes a principal by inducement
provided that the requisites of paragraph 2 of Article 17 are present.
Article 139: Sedition
Elements:
1. That the offenders rise publicly and tumultuously (at least three armed person)
2. That they employ force, intimidation, or other means outside of legal methods
3. That the offenders employ any of those means to attain any of the following objects:
a. To prevent the promulgation or execution of any law or the holding of any popular election
b. To prevent the national government, or any provincial or municipal government, or any public officer
thereof from freely exercising its or his functions, or prevent the execution of any administrative order
c. To inflict any act of hate or revenge upon the person or property of any public officer or employee
d. To commit, for any political or social end, any act of hate or revenge against private persons or any social
class
e. To despoil for any political or social end, any person, municipality or province, or the national government
of all its property or any port thereof.
Nature: Sedition is the raising of commotions or disturbances in the state. The ultimate object of sedition is a violation of
the public peace or at least a courge of measures as evidently engenders it.
Sedition
Rebellion
It is sufficient that the public uprising is tumultuous There must be taking up of arms against the
government
Purpose may be social or political.
Always political
*if the purpose of the uprising is not exactly
against the government and not for the purpose of
doing things defined in Article 139
Tumultuous: if caused by more than three persons who are armed or provided with means of violence
Public uprising and an object of sedition must concur
Article 140: Persons liable for sedition
1. Leader
2. Other persons participating
Article 141: Conspiracy to commit sedition
- no proposal to commit sedition
- an agreement and a decision to attain an object of sedition without any agreement to rise publicly and
tumultuously is not conspiracy to commit sedition-> constitute conspiracy to commit direct assult, which is not a
felony
Article 142: Inciting to sedition
Different acts of inciting to sedition:
1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches,
proclamation, writing, emblems, etc.
2. Uttering seditious words or speeches which tend to disturb public peace
3. Writing, publishing, or circulating, scurrilous libels against the government or any of the duly constituted
authorities thereof. Which tend to disturb the public peace.
Elements:
1. That the offender does not take direct part in the crime of sedition
2. That he incites others to the accomplishment of any acts which constitute sedition
3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners or other
representations tending to the same end.
11 Tanya Notes

It is not necessary, in order to be seditious, that the words used should in fact result in a rising of the people against
the constituted authority. The law is not aimed merely at actual disturbance, as its purpose is also to punish utterances
which may endanger public order
Uttering seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable, when:
1. They tend to disturb or obstruct any lawful officer in executing the functions of his office
2. They tend to instigate others to cabal and meet together for unlawful purposes
3. They suggest or incite rebellious conspiracies or riots
4. Lead or tend to stir up the people against the lawful authorities or to disturb the peace of community, the safety
and order of the government.
Two rules relative to seditious words
a. Clear and present danger rule: the words must be if such nature that by uttering them, there is a danger of a
public uprising and that such danger should be born clear and imminent
It is required that there must be reasonable ground to believe that the danger apprehended is imminent and that
the evil to be prevented is a serious one
Present time element: very likely inevitable.
b. Dangerous tendency rule: if the words used tend to create a danger of public uprising, then those words could
properly be the subject of a penal clause; could easily produce disaffection among the people and a state of
feeling in then incompatible with a disposition to remain loyal to the government and obedient to the laws.
P.D. 90: Unlawful rumor- mongering and spreading false information
Prision correctional
Someone who knowingly conceals such evil practice is also punished as a principal under Article 142, not merely as
an accessory after the fact.
Unlawful rumor-mongering: committed by any person who shall offer, publish, distribute, circulate and spread false
news and information and gossip, or cause the publication, distribution, circulation or spreading of the same which
cause or tend to cause panic, divisive effects among the people, discredit of or distrust for the duly constituted
authorities, undermine the stability of the government and the objectives of the new society, endanger the public order
or cause damage to the interest with credit of the state.
CHAPTER 2: CRIMES AGAINST POPULAR REPRESENTATION
SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES
1. Acts tending to prevent the meeting of the national assembly and similar bodies
2. Disturbance of proceedings
3. Violation on parliamentary immunity
Article 143: Acts tending to prevent the meeting of the national assembly and similar bodies
Elements:
1. That there be a projected or actual meeting of the national assembly or any of its members, constitutional
committees or divisions. Thereof, or of any provincial board city or municipal council or board
2. That the offender who may be any person prevents such meeting by force or fraud
Article 144: Disturbance of proceedings
Elements:
1. Same for Article 143
2. That the offender does any of the following acts:
a. He disturbs any of such meetings
b. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to
impail the respect due it.
One who disturbs the proceedings of the national assembly may also be punished for contempt by the assembly. The
implied power to punish for contempt of the national assembly is coercive in nature. The power to punish crimes is
punitive in character.
Article 145: Violation of parliamentary immunity
1. By using force, intimidation, threats, or frauds to prevent any member of the National Assembly from (a) attending
the meetings of the assembly or of any of its committees or subcommittees, constitutional commissions or
committees or divisions or from (b) expressing his opinions (c) casting his vote.
Elements:
1. That the offender uses force, intimidation, threats, or fraud
2. That the purpose of the offender is to prevent any member of the national assembly from
12 Tanya Notes

a. Attending the meetings of the assembly or any of its committees or constitutional


commissions
b. Expressing his opinions
c. Casting his votes
Note: the offender is any person
2. By arresting or searching any member thereof while the national assembly is in regular or special session, except
in case such member has committed a crime punishable under the code by a penalty higher than prision mayor:
Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of the national assembly
3. That the assembly at the time of arrest or search, is in regular or special session
4. That the member arrested or searched has not committed a crime punishable under the code by a
penalty higher than prision mayor.
Article VI Section 11. Privilege from arrest for crimes punishable by prision mayor or higher.

CHAPTER 3: ILLEGAL ASSEMBLIES AND ASSOCIATIONS


Article 146: Illegal assemblies
What are illegal assemblies?
1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the code
Requisites:
a. That there is a meeting, a gathering or group of persons whether in a fixed place or moving
b. That the meeting is attended by armed persons
c. That the purpose of the meeting is to commit any of the crimes punishable under the code
2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion
or insurrection, sedition, or assault upon a person in authority or his agents.
Requisites:
a. That there is a meeting, a gathering or group of persons whether in a fixed place or moving
b. That the audience, whether armed or not, is incited for the commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
The persons present at the meeting must be armed in the first form of illegal assembly but not all the persons present at
the meeting must be armed.
- At least 4
The unarmed person merely present at the meeting of the first form of illegal assembly is also liable.
Persons liable: Organizers or leaders, persons merely present
- Must have common intent to commit the felony of illegal assembly
Responsibility of persons merely present:
1. If they are not armed
2. If they carry arms
If any person present at the meeting carries an unlicensed firearm
1. It is presumed that the purpose of the meeting insofar as he is concerned is to commit acts punishable under the
code
2. He is considered a leader of the meeting or organizer
Article 148: Illegal Association
What are illegal association?
1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the
code
2. Associations totally or partially organized for some purpose contrary to public morals

Persons liable: founders, directors and president of the association; mere members
Illegal Association
Illegal Assembly
Not necessary
Actual meeting or assembly
Act of forming or organizing and membership in
It is the meeting and attendance at such meeting
the associaiotn that is punished
that are punished
Founders, directors, president, members
Organizers, leader, persons present at the
meeting
13 Tanya Notes

RA 1700 (Anti- Subversion Act)


Acts punished:
1. Knowingly, willfully and by overt acts (a) afflicting oneself with, (b) becoming, or (c) remaining a member of the
communist PP and/or its successors or of any subversive association as defined in Section of the act
2. Conspiring with any person to overthrow the government of the Republic of the Philippines or the government of
any of its political subdivisions by force, violence, deceit, subversion or other illegal means, for the purpose of
placing such government or political subdivision under the control and domination of any alien power; and
3. Taking up arms against the government, the offender being a member of the CPP or any subversive association
as defined by Section 2 of this act
Organizations outlawed:
The CPP, which is declared to be an organized conspiracy, any other organization and their successor having the
purpose of overthrowing the government to establish in the Philippines a totalitarian regime and place the government and
domination of an alien power are declared illegal and outlawed.
PD 885 (Revised Anti- Subversion Law)
Acts punished: same with 1 and 3 above
Organizations outlawed:
Any association, organization, political party, or group of persons organized for the purpose of overthrowing the
government of the RP or for the purpose of removing from the allegiance to said government or its laws, the territory of
the Philippines or any part thereof, with the open or covert assistance or support of a foreign power by force, violence,
deceit or other illegal means.
In rebellion, there must be a public uprising and taking of arms against the government.
In subversion, mere membership in a subversive association is sufficient and the taking up of arms by a member against
the government is but a circumstance which raises the penalty to be imposed.
CHAPTER 4: ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO PERSONS IN AUTHORITY AND THEIR
AGENTS
Public officer (PO)- any person who takes direct part in the performance of public functions in the government
Person in authority (PA)- any person directly vested with jurisdiction, whether as an individual or as a member of some
court or governmental corporation, board or commission.
Agent of a person in authority (PAA)- any person, by direct provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and protection and security of life and property.
Article 148: Direct Assault
Victim: PA or APA, where the attack, employment of force or intimidation is committed on the occasion of the performance
of official duties or by reason of such performance.
2 ways of committing direct assault:
1. Without public uprising- by employing force or intimidation for the attainment of any of the purposes enumerated
in defining the crimes of sedition and rebellion.
Elements:
a. That the offender employs force or intimidation
b. That the aim of the offender is to attain any of the purposes of the crime of rebellion or sedition
c. That there is no public uprising
2. Without public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any
PA/APA, while engaged in the performance of official duties or on the occasion of such performance.
Elements:
a. That the offender:
a. Makes an attack- includes any offensive or antagonistic movement/ action of any kind (=aggression)
b. Employs force- if PA: degree of force is immaterial; if APA: violence, intimidation, resistance must be
serious
c. Makes a serious intimidation (unlawful coercion, duress, putting someone in fear, exertion of influence in
the mind)
d. Makes a serious resistance- if not serious: may fall under 151; resistance must be active and grave
b. That the person assaulted is a person in authority or his agent
c. That at the time of the assault, the PA/APA:
a. Is engaged in the actual performance of official duties
b. That he is assaulted by reason of the past performance of his official duties
14 Tanya Notes

d. Offender knows that the one he is assaulting is a person in authority or APA in exercise of his duties
e. There is no public uprising
When considered as NOT in the actual performance of official duties: when PA/APA exceeds his power or without
authority. Unnecessary use of force or violence, or descended to matters which are private in nature.
Two kinds of direct assault in the second form:
1. Simple assault
2. Qualified assault: committed with a weapon, offender is a public officer/ employee. Offender lays hands upon
person in authority
-Knowledge of the accused that the victim is PA/APA is essential
-Evidence of motive of the offender is important when the person authority or his agent who is attacked or seriously
intimidated is not in the actual performance of his official duty.
-Even when PA/APA agrees to fight, an attack made by accused constitutes direct assault, except when the attack is
made in lawful defense, the character of a person in authority/ APA is attached to him until he ceases to be in office.
IF PA/APA is killed- complex crime of direct assault with homicide/ murder.
IF PA/APA suffers serious or less serious physical injuries- complex crime of direct assault with SLSPI
IF slight physical injuries is committed against APA: absorbed; if against PA: separate offense
-NOT committed when PA/APA is suspended or under suspension; not committed during rebellion/ sedition
-If accused was also acting in the performance of his official duties- may be coercion/ physical injuries.
Article 149: Indirect Assault
Elements:
a. That an APA is the victim of any of the forms of direct assault defined in Article 148
b. That a person comes to the aid of the APA- OP may be a private person
c. That the offender makes use of force or intimidation upon such persons coming to the aid of the APA
Because of the amendment of RA 1978, a private individual coming to the aid of PA is himself deemed on APA. Thus:
1. If the victim is a PA who is the subject of a direct assault and the third person coming to aid (who becomes APA)
is likewise attacked, the crime committed against third person will be direct assault, resistance or disobedience
depending on the degree of force/ violence
2. If the victim is an APA, it depend:
a. If direct assault against APA- indirect assault
b. If only resistance or disobedience against APA- physical injuries/ coercion
Article 150: Disobedience to summons
Issued by the national assembly, its committees or subcommittees, by the constitutional.
Punishable acts:
1. Refusing, without legal excuse, to obey summons of congress, or any commission or committee chairman
authorize to summon witness
2. Refusing to be sworn or placed under affirmation while before such legislative or constitutional body or official
3. Refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession
when required by them to do so in the exercise of their functions
4. Restraining another from attending as a witness in such legislative or constitutional body
5. Inducing disobedience to summon or refusal to be sworn by any such body or official
Article 151: Resistance and disobedience to a person in authority or the agent of such person
Elements of resistance and serious disobedience
a. That the PA/APA is engaged in the performance of official duty or gives a lawful order to the offender
b. That the offender resists or seriously disobeys such person in authority or his agent
c. That the act of the offender is not included in the provisions of article 148-150
Elements of simple disobedience
a. That an APA is engaged in the performance of official duty or gives a lawful order to the offender
b. That the offender disobeys such APA
c. That such disobedience is not of a serious nature
The disobedience contemplated consists in the failure or refusal to obey a direct order from the PA/ APA
-Word seriously is not used to describe resistance because the crime would amount to direct assault
Direct Assault (148)
Resistance (151)
15 Tanya Notes

Either when the PA/APA is in the actual


performance of the official duty or by reason
thereof
Serious; intent to defy the law
Deliberate employment or force
Attacking, employing force, seriously intimidating,
seriously resisting

Only in the performance of duties (when


committed)
Not so serious (force employed)
Not deliberate (deliberate force)
Seriously disobeying, resisting (how committed)

CHAPTER V: PUBLIC DISORDER


Article 153: Tumults and other disturbances of public order
Punishable acts:
1. Causing any serious disturbances in a public place, office or establishment- if not serious: Article 155; must be
planned, intended
2. Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings if the act is not
included in 131-132
3. Making an outcry tending to incite rebellion or sedition in any meeting, association or public place- if outcry was
premeditated to incite, the crime committed is inciting to rebellion or sedition
4. Displaying placards or emblems which provoke a disturbance of public order in such place
5. Burying with pomp the body of a person who has been legally executed- ostentatious display of a burial
Outcry: means to shout spontaneously subversive or provocative words tending to stir up a person so as to obtain by
means of force or violence any of the objects of rebellion or sedition. The outcry must be spontaneous; otherwise it would
be the same as inciting to rebellion or sedition

16 Tanya Notes