1.

TITLE ONE
CRIMES AGAINST NATIONAL SECURITY

2.

Crimes against national security

Inciting to war or giving motives for reprisals

(Art. 118);
of neutrality (Art. 119);

3.

Corresponding with hostile country (Art. 120);

1.

Treason (Art. 114);

4.

Flight to enemy's country (Art. 121); and

2.

Conspiracy and proposal to commit treason (Art.

115);

5.

Piracy in general and mutiny on the high seas

(Art. 122)

3.

Misprision of treason (Art. 116); and

4.

Espionage (Art. 117).

DIFFERENCE
-

Natl Sec tried only in Ph (inc. Fil in

other country and aliens in Ph)
Law of Nations can be tried anywhere,
committed against humanity in general

Crimes against the law of nations

ARTICLE 114, 115, 116

TREASON, CONSPIRACY AND PROPOSAL TO COMMIT TREASON, MISPRISION OF TREASON

TREASON

CONSPIRACY AND
PROPOSAL TO COMMIT
TREASON

offender owes allegiance to the Government of the

Philippines

MISPRISION OF
TREASON

*not a foreigner

war in which the Philippines is involved

offender either

comes to an
agreement ,
decides to
commit it

levies war against the government

EP, SS, T (inherent)

decided,
proposes its
execution to
some other
person/s

knowledge of the
conspiracy, conceals or
does not disclose as soon
as possible

adheres to the enemies, giving them aid

and comfort
**accessory to treason,
does not apply if the crime
of treason is already
committed

1) Actual assembling of men;

Requirements of levying war

2) To execute a treasonable design by force;

2 witnesses testifying to same overt act

3) Intent is to deliver the country in whole or in part

to the enemy; and

4) Collaboration with foreign enemy or some foreign

sovereign

testimonies must refer to the same act, place

and moment of time.
cannot be proved by circumstantial evidence
or by extrajudicial confession

Confession of the accused in open court.

***Success is not important. What matters is the
actual assembly of men and the execution of
treasonable design by force.
Requisites for Adherence to the enemies, giving
them aid and comfort
1) Adherence to the enemies, AND
2) b. Giving of aid or comfort to them.
*** Mere adherence without its physical manifestation
through the giving of aid or comfort is not sufficient to
constitute treason. Both adherence and the giving of
aid or comfort to the enemy must concur.

arraignment, pre-trial, trial

NO SUCH THING AS ATTEMPTED TREASON

Defenses
accused.

that

may

be

availed

of

by

the

Duress or uncontrollable fear of immediate death

Lawful obedience to a de facto government.

Ways of proving treason:

TREASON

to deliver the
government to the
enemy country or to
a foreign power

REBELLION

substitute the government with

their own form of government

SEDITION

COUP D ETAT

Only certain policies of

the govt

offender is a
member of the
military or police
force or holding a
public office or
employment

public uprising
repudiates his
allegiance to the
government by
means of force or
intimidation

Public uprising
tumultuous
(caused by more than
3 armed men or
provided with means of
violence)

taking of arms
purpose of the uprising or
movement is either
to remove from
the allegiance
to said
government or
its laws

does not recognize

the supreme
authority of the
State

territory
of Ph or
any part
any body
of land,
naval or
other
armed
forces

employ force,
intimidation, or
other means
outside of legal
methods to attain
1.

to deprive the
chief
executive or
congress,
wholly or
partially, of
any of their
powers or
prerogatives

political

to prevent the
promulgation or
execution of any law
or the holding of
election
2.
to prevent from freely
exercising its or his
functions, or prevent
the execution of any
AO
3.
to inflict any act or
hate or revenge upon
the person or property
of any public officer or
employee
4.
to commit for any
political or social end,
any act of hate or
revenge against
private persons or any
social class
5.
to despoil, for any
political or social end,
any person,
municipality or
province, or the
national government
of all its property

object or purpose
is to seize or
diminish state
power

political or social

ARTICLE 117

ESPIONAGE
Par 1

Par 2

offender enters any warship, fort, or

naval or military establishments or
reservation

he has in his possession the articles,

data or information referred to in par 1

no authority

public officer

purpose is to obtain information, plans,

he

discloses

their

contents

to

photographs or other data of a

confidential nature relative to the
defense of the Philippines

representative of a foreign nation

ARTICLE 118, 119, 120, 121

INCITING TO WAR
OR GIVING
MOTIVES FOR
REPRISALS
provoke or give
occasion for a war
( involving or liable
to involve the
Philippines or expose
Filipino citizens to
reprisals on their
persons or property)

VIOLATION OF
NEUTRALITY

war in which
the Philippines
is NOT
involved

FLIGHT TO
ENEMYS
COUNTRY

CORRESPONDENCE WITH HOSTILE

COUNTRY

in time of war in which the

Philippines is involved

war in which the

Philippines is
involved

going to enemy
country is
prohibited by
competent
authority

regulation issued
by competent
authority for the
purpose of
enforcing neutrality
offender performs
unlawful or
unauthorized acts

offender violates
such regulation

offender makes correspondence with

an enemy country or territory
occupied
prohibited
by govt

carried on
ciphers or
conventional
signs

Offender attempts
to flee or go to
enemy country

containing
info useful
to enemy

ARTICLE 122, 123

PIRACY AND MUTINY ON THE HIGH SEAS, QUALIFIED PIRACY

attacking or seizing a vessel on the high

seas or in the Philippine waters

seizing the whole or part of the cargo of

said vehicles, its equipment or personal
belongings of its complement or
passengers

vessel is on the high seas/Philippine waters

offenders are not members of its complement or passengers of the vessel

Piracy

Mutiny

Robbery or forcible degradation on the

high seas, without lawful authority and
done with animo lucrandi and in the
spirit and intention of universal hostility.

Unlawful resistance to a superior officer, or the

raising of commotion and disturbances on
board a ship against the authority of its
commander

Intent to gain is an element.

No criminal intent

Attack from outside. Offenders are

strangers to the vessel.

Attack from the inside.

**MEMBERS (for the elements)

High seas: any waters on the sea coast

which are without the boundaries of the low
water mark although such waters may be in
the jurisdictional limits of a foreign govt

substance; and

**

(4)

QUALIFIED PIRACY
a.

Whenever they have seized a vessel by

boarding or firing upon the same

b. Whenever the pirates have abandoned

their victims without means of saving
themselves
c.

Whenever the crime is accompanied

by murder, homicide, physical injuries,
or rape. (the above may result to
qualified mutiny)

Republic Act No. 6235 (The Anti HiJacking Law)

Anti hi-jacking is another kind of piracy which is
committed in an aircraft. In other countries, this
crime is known as aircraft piracy.

loading, shipping, or transporting on

board a cargo aircraft operating as a
public utility in the Philippines, any
flammable,
corrosive,
explosive,
or
poisonous substance if this was done not
in accordance with the rules and
regulations set and promulgated by the
Air Transportation Office on this matter.

TITLE TWO
CRIMES AGAINST NATIONAL
SECURITY
Crimes against the fundamental laws
of the State
1.

Arbitrary detention (Art. 124);

2.

Delay in the delivery of detained persons to

the proper judicial authorities (Art. 125);

3.

Delaying release (Art. 126);

Four situations governed by anti hi-jacking

law:

4.

Expulsion (Art. 127);

(1)

5.

Violation of domicile (Art. 128);

6.

Search warrants maliciously obtained and

abuse in the service of those legally
obtained (Art. 129);

7.

Searching domicile without witnesses (Art.

130);

8.

Prohibition, interruption, and dissolution of

peaceful meetings (Art. 131);

9.

Interruption of religious worship (Art. 132);

(2)

(3)

usurping or seizing control of an aircraft of

Philippine registry while it is in flight,
compelling the pilots thereof to change
the course or destination of the aircraft;
usurping or seizing control of an aircraft
of foreign registry while within Philippine
territory, compelling the pilots thereof to
land in any part of Philippine territory;
carrying or loading on board
operating as a public utility
aircraft in the Philippines, any
corrosive,
explosive,
or

an aircraft
passenger
flammable,
poisonous

and
10.

Offending the religious feelings (Art. 133);

ARTICLE 124, 125, 126

DELAY IN THE
DELIVERY OF
DETAINED PERSONS

ARBITRARY
DETENTION

DELAYING RELEASE

offender is a public officer or employee

detains a person

without legal grounds

for some legal grounds

there is a judicial or executive

order for the release of a
prisoner or detention prisoner
that there is a proceeding
upon a petition for the
liberation of such person

Fails to deliver such person to

the proper judicial authority
within

offender without good reason

delays:

12hrs - light penalties

18hrs - correctional penalties
36hrs - capital punishment or
afflictive penalties

WITH LEGAL GROUNDS

WITHOUT LEGAL GROUNDS

not committed any crime or no
reasonable ground of suspicion that
he has committed a crime

commission of a crime

violent insanity or other ailment requiring

compulsory confinement of the
patient in a hospital

service of the notice of such

order to the prisoner
performance of such judicial
or executive order for the
release of the prisoner
proceedings upon a petition
for the release of such person

not suffering from violent insanity or any

other ailment requiring compulsory
confinement in a hospital

Escaped prisoner

WARRANTLESS AREST
a.

Crime is about to be, is being, has been

committed in his presence

b.

Officer must have probable cause to

believe based on personal knowledge of
facts and circumstances that the person
probably committed the crime

Periods of Detention penalized:

1. Detention not exceeding three days;

2. Detention for more than three days but not more than
15 days;
3. Detention for more than 15 days but not more than 6
months; and
4. Detention for more than 6 months.

ARTICLE 127
EXPULSION

b.

That he is not authorized by judicial

order to enter the dwelling and/or to
make a search therein for papers or other
effects

c.

That he commits any of the following acts:

ELEMENTS:
a.

That the offender is a public officer or employee

b.

That he expels any person from the Philippines,

or compels a person to change his residence

c.

That the offender is not authorized to do so by law

1.

entering any dwelling against the will of

the owner thereof

2.

searching papers or other effects

found therein without the previous
consent of such owner

3.

refusing to leave the premises, after

having surreptitiously entered said
dwelling and after having been required
to leave the same

ARTICLE 128
VIOLATION OF DOMICILE
ELEMENTS:
a. That the offender is a public officer or
employee

ARTICLE 129, 130

SEARCH WARRANTS MALICIOUSLY
OBTAINED

SEARCHING DOMICILE WITHOUT

WITNESSES

offender is a public officer or employee

procures a search warrant
No just cause

armed with a search warrant legally procured

searches the domicile,
belongings of any person

papers

or

Not present:
* Homeowner
* Members of the family of
sufficient age and discretion
* two responsible members of
community

Search warrant

- an order in writing issued in the name of the

People, signed by the judge and directed to a
public officer, commanding him to search for
personal property described therein and bring it
before the court

true test of lack of just cause

whether the sworn statement filed in support
of the application for search warrant has been
done in such a manner that perjury could be
charged and the affiant can be held liable for
making such false statement.

ARTICLE 131

other

the

PROHIBITION,
INTERRUPTION,
AND
DISSOLUTION OF PEACEFUL MEETINGS

ELEMENTS:
a. Offender is a public officer or employee

b. He performs any of the ff. acts:

1. prohibiting or interrupting, without

legal ground the holding of a
peaceful meeting, or dissolving the
same (e.g. denial of permit in arbitrary
manner).

2.

hindering any person from joining

any lawful association or from

attending any of its meetings.

ARTICLE 132, 133

INTERRUPTION OF
RELIGIOUS WORSHIP

offender is a public officer or

employee

OFFENDING RELIGIOUS
FEELINGS

offender is any person

religious ceremonies or
manifestations of any religion are
about to take place or are going
on

offender prevents or disturbs the

same

acts complained of were performed

- in a place devoted to religious
worship

- during the celebration of any

religious ceremony

must be notoriously offensive to

the feelings of the faithful

deliberate intent to hurt the feelings

of
the faithful, directed against
religious tenet

7. Inciting to sedition (Art. 142);

8. Acts tending to prevent the meeting of Congress

and similar bodies (Art. 143);

9. Disturbance of proceedings of Congress or similar

bodies (Art. 144);

10. Violation of parliamentary immunity (Art. 145);

11. Illegal assemblies (Art. 146);

12. Indirect assaults (Art. 149);

13. Disobedience to summons issued by Congress, its

committees, etc., by the constitutional
commissions, its committees, etc. (Art. 150);

14. Resistance and disobedience to a person in

authority or the agents of such person (Art. 151);

TITLE THREE

CRIMES AGAINST PUBLIC ORDER

1. Rebellion or insurrection (Art. 134);

1 Coup d etat (Art. 134-A)

15. Tumults and other disturbances of public order

(Art. 153);
16. Unlawful use of means of publication and
unlawful utterances (Art. 154);
17. Alarms and scandals (Art. 155);
18. Delivering prisoners from jails (Art. 156);

2.

Conspiracy and proposal to commit rebellion

(Art. 136);

3.

Disloyalty to public officers or employees (Art.

137);

20. Evasion on occasion of disorders (Art. 158);

4.

Inciting to rebellion (Art. 138);

21. Violation of conditional pardon (Art. 159); and

5.

Sedition (Art. 139)

6.

Conspiracy and proposal to commit rebellion

(Art. 136);

22. Commission of another crime during service of

penalty imposed for another previous offense
(Art. 160).

19. Evasion of service of sentence (Art. 157);

23. Illegal associations (Art. 147);

24. Direct assaults (Art. 148);