1.

CRIMES AGAINST NATIONAL SECURITY

- The crimes under this title can be prosecuted even if
the criminal act or acts were committed outside the
Philippine territorial jurisdiction. However, prosecution
can proceed only if the offender is within Philippine
territory or brought to the Philippines pursuant to an
extradition treaty.
2. CRIMES AGAINST LAWS OF NATIONS
- The offenders can be prosecuted anywhere in the
world because these crimes are considered as against
humanity in general, like piracy and mutiny.
3. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
- The public officers who may be held liable are only
those acting under supposed exercise of official
functions, albeit illegally. But private persons may also
be liable under this title as when a private person
conspires with a public officer. What is required is that
the principal offender must be a public officer.
4. CRIMES AGAINST PUBLIC ORDER

T1: CRIMES AGAINST NATIONAL SECURITY

Article 114 Treason
Elements:
1. In time of war
2. Offender owes allegiance to the Government
3a. Levies war against the government or
3b. Adherence to the enemies by giving aid or
comfort
Article 115 Conspiracy to Commit Treason
Elements of conspiracy:
1. In time of war
2. 2 or more persons come to agreement to 3a or
3b
Elements of proposal:
1. In time of war
2. A person who has decided to 3a or 3b, proposes
its execution to other persons
Article 116 Misprision of Treason
Elements:
1. Offender owes allegiance to the government
and not a foreigner
2. Knowledge of any conspiracy to commit treason
3. He conceals or does not disclose
Article 117 Espionage by entering, without authority
therefor warship, fort or naval or military establishments
or reservation to obtain any information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines.
Elements of first type Espionage:
1. Entered any of the places
2. Without any authority
3. That his purpose is to obtain information that is
confidential in nature relative to the defense of the
Philippines.

Elements of Espionage by public officer:

1. Public officer
2. He possess the said articles, data or
information by reason of his office
3. He discloses their contents to a representative
of a foreign nation.
CRIMES AGAINST LAWS OF NATIONS
Article 118 Inciting to War or Giving Motives for
Reprisals
Elements:
1. Performs unlawful or unauthorized acts
2. That such act provokes or gives occasion for a
war involving or liable to involve the Philippines
or expose Filipino citizens to reprisals on their
persons or property.
Article 119 Violation of Neutrality
Elements:
1. There is war that the Philippines is not involved.
2. There is a regulation issued by competent
authority for the purpose of enforcing neutrality
3. That the offender violates such regulation
Article 120 Correspondence with Hostile Country
Elements:
1. In time of war
2. The offender makes correspondence with
enemy country or territory occupied by enemy troops
3. That the correspondence is either:
a. Prohibited by government
b. Carried on in ciphers or conventional
signs
c. Containing notice or information which
might be useful to the enemy
Article 121 Flight to Enemys Country
Elements:

1. There is a war in which Philippines is involved

2. That the offender (Filipino or resident alien)
must owe 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.
Article 122 Piracy
2 Ways of Committing Piracy
a. Attacking or seizing vessel on the high seas or
in the Philippine waters.
b. Seizing the whole or part of the cargo of said
vehicles, its equipment or personal belongings of
its complement or passengers.
Elements:
1. That a vessel is on the high seas/Philippine
waters
2. That the offenders are not members of its
complement or passengers of the vessel
3. That the offenders:
a. Attacking or seizing vessel on the high
seas or in the Philippine waters.
b. Seizing the whole or part of the cargo of
said vehicles, its equipment or personal
belongings
of
its
complement
or
passengers.
Elements of Mutiny
1. The vessel is on the high seas or Philippine
waters
2. Offenders are either members of its
complement or passengers of the vessel
3. Offenders attack or seize the vessel, seize the
whole or part of the cargo.
Article 123 Qualified Piracy
1. Seized a vessel by boarding or firing upon the same

2. Abandoned their victims without means of saving

themselves.
3. The crime is accompanied by murder, homicide,
physical injuries, or rape

T2: CRIMES AGAINST THE FUNDAMENTAL LAWS

OF THE STATE
Article 124 Arbitrary Detention
Elements:
1. Public officer whose official duties include the
authority
2. Detains a person (actual restraint)
3. Without legal grounds (CVE)
-Commission of a crime
-Violent insanity or other requiring hospital
confinement
-Escaped prisoner
Grounds for warrantless arrest:
1. Crime is about to be, is being, has been
committed in his presence
2. Officer must have probable cause to believe
based on personal knowledge of facts and
circumstances
that
the
person
probably
committed the crime.
Article 125 Delay in the Delivery of Detained Persons
Elements:
1. Public officer
2. Detained for some legal grounds
3. That he fails to deliver such person to the
proper judicial authority. (12/18/36 hours)
Article 126 Delaying Release

Elements:
1. Public officer
2. 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:
1. The service of the notice of such order to
the prisoner, or
2. The performance of such judicial or
executive order for the release of the
prisoner, or
3. The proceedings upon a petition for the
release of such person
Article 127 Expulsion
Elements:
1. Public officer
2. 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
Article 128 Violation of Domicile
Elements:
1. Public officer
2. Not authorized by judicial order to enter the
dwelling and/or to make a search therein for
papers or other effects
3. That he commits any of the following acts:
a. Entering any dwelling against the will of
the owner thereof
b. Searching 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
Article 129 Search Warrants Maliciously Obtained
Elements:
1. Public officer
2. That he procures a search warrant
3. That there is no just cause
Although void, the search warrant is entitled to respect
because of presumption of regularity. One remedy is a
motion to quash the search warrant, not refusal to abide
by it.
Abuse in the service of warrant or Exceeding Authority
or using Unnecessary Severity in executing a search
warrant legally procured
Elements:
1. Public officer
2. Legally procured a search warrant
3. Exceeds authority or uses Unnecessary Severity
Article 130 Searching Domicile without Witnesses
Elements:
1. Public officer
2. Search warrant legally procured
3. Searches domicile, papers or others of any
person
4. No owner, any member of family, or two
witnesses from same locality
Article 131 Prohibition, Interruption and Dissolution of
Peaceful Meetings
Elements:
1. Public officer
2. He either:
a. prohibits/interrupts without legal ground
the holding of a peaceful meeting or

dissolves the same (ex. denial of permit in

arbitrary manner)
b. hindering any person from joining any
lawful association or from attending any of
its meetings
Article 132 Interruption of Religious Worship
Elements:
1. That the acts were performed
a. in a place devoted to religious worship, or
( for this element, no need of religious
ceremony, only the place is material)
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. Deliberate intent to hurt the feelings of the
faithful
T3: CRIMES AGAINST PUBLIC ORDER
Article 134 Rebellion or Insurrection
Elements:
1. That there be
-PUBLIC UPRISING AND
-TAKING ARMS against the government
(force/violence)
2. Purpose is either:
a. to remove allegiance to government or its
laws
- the territory or any body of land
b. to deprive the chief executive or
congress, wholly or partially, of any of their
powers or prerogatives
Liable for Rebellion:
- any person who PMH promotes, maintains, heads the
rebellion

- any person holding public office took part in:

engaging war against the government
destroying property or serious violence
exacting contributions or diverting public funds
any person merely participating or executing the
command of others
Article 134-A Coup d Etat
Elements:
1. Swift Attack
2. Accompanied by FISTS, force intimidation
stealth threat strategy
3. Directed against
a. duly constituted authorities
b. any military camp or installation
c. communication networks
d. others needed for the exercise and
continued possession of power
4. Singly or simultaneously carried out anywhere
in the Philippines
a. committed by any person belonging to
the military or police with or without civilian
support
b. With or without civilian support or
participation
c. Purpose of seizing or diminishing state
power
Article 135- Penalties
Liable for Rebellion:
- any person who PMH promotes, maintains, heads the
rebellion
- any person holding public office took part in:
engaging war against the government
destroying property or serious violence
exacting contributions or diverting public funds

any person merely participating or executing the

command of others
Article 136 Conspiracy to Commit Coupdetat Rebellion
or Insurrection
ELEMENTS:
a. 2 more persons come to an agreement to rise publicly
and take arms against the government
b. For any of the purposes of rebellion
c. They decide to commit it
Proposal to Commit C,R,I
ELEMENTS:
A person who has decided to rise publicly and take arms
the government
For any of the purposes of rebellion
Proposes its execution to some other person/s
Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
ACTS PUNISHED:
a. F ailing to resist rebellion by all the means in their
power
b. Continuing to discharge the duties of their offices
under the control of rebels
c. Accepting appointment to office under rebels

Article 138
INCITING TO REBELLION OR INSURRECTION
Article 139 SEDITION
a. That the offenders rise
publicly and
tumultuously
b. they employ FI or other means outside of legal
method
c. They PPIPD:
1. prevent the promulgation of any law or
the holding of any popular election.
2. prevent the national municipal provincial
government from freely exercising its
functions or executive of an administrative
order
3. to inflict any act of hate or revenge upon
the person or property of any public officer
or employee
4. for any political or social end, an act of
hate or revenge against private persons or
any social class
5. to despoil, for any political or social end,
any person or property of the national
government