CRIMINAL LAW 2 CRIMES AGAINST NATIONAL SECURITY SECTION ONE: TREASON AND ESPIONAGE

ARTICLE 114 Treason Elements: 1.) That the offender is a Filipino citizen or an alien residing in the Philippines; 2.) That there is a war in which the Philippines is involved; 3.) That the offender either – a.) levies war against the Government, or b.) adheres to the enemies, giving them aid or comfort. Penalty: Reclusion Perpertua to death, fine not to exceed 100,000 pesos ARTICLE 115 Conspiracy and proposal to commit treason Penalty: Conspiracy- Prision Mayor, fine not exceeding 10,000 pesos Penalty: Proposal – Prision Correccional, fine not exceeding 5,000 pesos ARTICLE 116 Misprision of treason Elements: 1.) That the offender must be owing allegiance to the Government, and not a foreigner. 2.) That he has knowledge of any conspiracy (to commit treason) against the Government. 3.) That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides. Penalty: Accesory to the crime of treason ARTICLE 117 Espionage Elements: (by entering, without authority) 1.) That the offender enters any of the places mentioned therein; 2.) That he has no authority therefor; 3.) That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. Elements (by disclosing to the representative of a foreign nation) 1.) That the offender is a public officer; 2.) That he has in his possession the articles, data or information referred to in paragraph No. 1 of Art. 117, by reason of the public office he holds; 3.) That he discloses their contents to a representative of a foreign nation. Penalty: Prision correccional, and if the offender be a public officer or employee, the penalty next higher in degree shall be imposed.

SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

) That there is war in which the Philippines is involved.) That there is a war in which the Philippines is not involved. 2. 2. 4.) That the offender attempts to flee or go to enemy country. 3.) That there is a war in which the Philippines is involved. 2. 2. 3.) That going to enemy country is prohibited by competent authority.) That the offender attempts to flee or go to enemy country. 3. 4. Penalty: Arresto Mayor .) That the offender must be owing allegiance to the Government.) That it is in the time of war in which the Philippines is involved. Penalty: Prision Correccional ARTICLE 120 Correspondence with hostile country Elements: 1.) That there is a regulation issued by competent authority for the purpose of enforcing neutrality.) That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons to property.) That the offender performs unlawful or unauthorized acts.ARTICLE 118 Inciting to war or giving motives for reprisals Elements: 1. 2.) That the offender must be owing allegiance to the Government.) That the correspondence is either – a. Penalty: Reclusion Temporal.) That going to enemy country is prohibited by competent authority.) That the offender makes correspondence with an enemy country or territory occupied by enemy troops. Penalty: ARTICLE 121 Flight to enemy’s country Elements: 1. prohibited by the Government.Public officer or employee] Prision Mayor. (reclusion temporal to death) ARTICLE 121 Flight to enemy’s country Elements: 1. containing notice or information which might be useful to the enemy. carried on in ciphers or conventional signs.Private Individual ARTICLE 119 Violation of neutrality Elements: 1. or (prision correccional) b. or (prision mayor) c.) That the offender violates such regulation. 3.

arresto mayor (maximum) to prision correccional (minimum) Detention 3<15 days.) Whenever the offenders have seized the vessel by boarding or firing upon the same. 18 hours (crimes or offenses punishable by correctional penalties c.) That the offenders are not members of its complement or passengers of the vessel.) That the detention is without legal grounds.) That he fails to deliver such person to the proper judicial authorities within: a. 3. or 3.SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS IN PHILIPPINE WATERS ARTICLE 122 Piracy in general and mutiny on the high seas or in Philippine waters Elements: 1.prision correccional (medium) to (maximum) Detention 15<6 mos. its equipment or personal belongings of its complement or passengers Penalty: Reclusion Perpetua ARTICLE 123 Qualified Piracy Piracy or mutiny is qualified. 1. Penalty: Detention has not exceeded three days.) That the offender is a public officer or employee.) That he has detained for some legal ground.prision mayor Detention >6 mos .) That a vessel is on the high seas or in Philippine waters.) That the offenders (a) attack or seize that vessel. 2. 2. 36 hours (crimes or offenses punishable by afflictive or capital penalties Penalty: Provided in the next preceding article .) Whenever the crime is accompanied by murder.reclusion temporal ARTICLE 125 Delay in the delivery of detained persons to the proper judicial authorities Elements: 1. 2. 3. 2. or (b) seize the whole or part of the cargo of said vessel. Penalty: Reclusion Perpetua CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE SECTION ONE: ARBITRARY DETENTION AND EXPULSION ARTICLE 124 Arbitrary Detention Elements: 1. 3. or rape. homicide. physical injuries.) That he detains a person.) That the offender is a public officer or employee. 12 hours (crimes or offenses punishable by light penalties b.) Whenever the pirates have abandoned their victims without means of saving themselves.

Penalty: Prision Correccional SECTION TWO: VIOLATION OF DOMICILE ARTICLE 128 Violation of Domicile Elements: 1. the proceedings upon a petition for the release of such person.) That the offender is a public officer or employee.000 pesos . 3.) That the offender is a public officer or employee 2.) That he expels any person from the Philippines.) That the offender is a public officer or employee. the service of the notice of such order to the prisoner.) That there is a judicial or executive order for the release of a prisoner or detention prisoner.) That the offender is a public officer or employee.ARTICLE 126 Delaying release Elements: 1.) That the offender without good reason delays: a. or b.) That the offender is not authorized to do so by law. Penalty: Provided for in Article 124 ARTICLE 127 Expulsion Elements 1. Penalty: Arresto mayor (maximum) to prision correccional (minimum). 2. 2.) That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects. the performance of such judicial or executive order for the release of the prisoner c. 2. fine not exceeding 1.) That there is no just cause. or compels a person to change his residence. Penalty: Prision correccional in its minimum period ARTICLE 129 Search warrants maliciously obtained.) That he procures a search warrant. or that there is a proceeding upon a petition for the liberation of such person 3. and abuse in the service of those legally obtained Elements: 1. 3.

or any member of his family. Penalty: Arresto mayor (maximum) to prision correccional (minimum) . Penalty: Arresto mayor (medium and maximum) SECTION THREE:PROHIBITION. Penalty: Prision correccional (minimum) ARTICLE 133 Offending the religious feelings Elements: 1. Penalty: Prision correccional SECTION FOUR: CRIMES AGAINST RELIGIOUS WORSHIP ARTICLE 132 Interruption of religious worship Elements: 1.ARTICLE 130 Searching domicile without witnesses Elements: 1. or b.) That the offender is a public officer or employee. 2. and dissolution of peaceful meetings Elements: 1. 3.) That the offender is a public officer or employee 2. 4.) That he searches the domicile.) That the acts must be notoriously offensive to the feelings of the faithful.) That the offender prevents or disturbs the same.) during the celebration of any religious ceremony 2.) That the acts complained of were performed a.) That the offender is a public officer or employer.) That he is armed with search warrant legally procured.) That he performs any of the acts mentioned above.) That religious ceremonies or manifestations of any religion are about to take place or are going on. or two witnesses residing in the same locality are not present.) in a place devoted to religious worship. AND DISSOLUTION OF PEACEFUL MEETINGS ARTICLE 131 Prohibition. 2.) That the owner. 3. INTERRUPTION. papers or other belongings of any person. interruption.

threat. ARTICLE 135 Penalty for rebellion.) That the purpose of the uprising or movement is either a. communication networks.000 – C&P coup d’etat Prision correccional (maximum).person merely participating or executing the commands of others in rebellion or insurrection Reclusion perpetua. or executes directions or commands of others in undertaking a coup d’etat Prision mayor (maximum). wholly or partially. 2. or 2. fine not exceeding 2. any body of land. or any military camp or installation.person in the government service who participates. 3. rebellion or insurrection Penalty: Prision mayor (minimum).C&P rebellion Prision correccional (medium). or in any manner supports. insurrection or coupd’etat Penalty: Reclusion temporal. finances abets or aids in undertaking a coup d’etat ARTICLE 136 Conspiracy and proposal to commit coup d’etat. naval or other armed forces. the territory of the Philippines or any part thereof. 4.) That the offender is a person or persons belonging to the military or police or holding any public office or employment. and (b) taking arms against the Government. ARTICLE 134-A Coup d’etat –How committedElements: 1. or b. fine not exceeding 5.) That there be (a) public arising.person who leads in any manner directs or commands others to undertake a coup d’etat Reclusion temporal (maximum).) That it is committed by means of a swift attack accompanied by violence.ARTICLE 134 Elements: 1.000. to remove from the allegiance to said Government or its laws: 1.) That the attack is directed against duly constituted authorities of the Republic of the Philippines. 2. strategy or stealth.000.C&P insurrection ARTICLE 137 Disloyalty of public officers or employees Penalty: Prision correccional (minimum) CRIMES AGAINST PUBLIC ORDER Rebellion or insurrection –how committed- . public utilities or other facilities needed for the exercise and continued possession of power.person not in the government service who participate. intimidation. to deprive the Chief Executive or Congress. fine not exceeding 8. of any of their powers or prerogatives.) That the purpose of the attack is to seize or diminish state power.

writings. intimidation. to commit. to despoil. or other means outside of legal methods.000 pesos. any act of hate or revenge against private persons or any social class. . d. proclamation.) That he incites others to the execution of any of the acts of rebellion. any person.) That the offenders rise (1) publicly.) That the offenders employ any of those means to attain any of the following objects: a. 3. ARTICLE 140 Penalty for sedition Penalty: Prision mayor (minimum). and e. for any political or social end. to prevent the National Government. c. to prevent the promulgations or execution of any law or the holding of any popular election. to inflict any act of hate or revenge upon the person or property of any public officer or employee. for any political or social end. b. and (2) tumultuously. Penalty: Prision mayor (minimum) ARTICLE 139 Sedition –how committedElements: 1. or any public officer thereof from freely exercising its or his functions.) That the inciting is done by means of speeches. emblems. banners or other representations tending to the same end. or prevent the execution of any administrative order. 2.ARTICLE 138 Inciting to rebellion or insurrection Elements: 1. fine not exceeding 10. 2.) That they employ force. or any provincial or municipal government. or the National Government of all its property or any part thereof. 3. municipality or province.) That the offender does not take arms or is not open hostility against the Government.

2.000 pesos SECTION TWO: VIOLATION OF PARLIAMENTARY IMMUNITY ARTICLE 145 Violation of parliamentary immunity Elements: 1. writings.000 pesos CRIMES AGAINST POPULAR REPRESENTATION SECTION ONE: CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES ARTICLE 143 Acts tending to prevent the meeting of the Assembly and similar bodies Elements: 1. b. fine not exceeding 2. fine from 200 to 1. proclamations. . cartoons. constitutional committees or divisions thereof. That there be a meeting of the National Assembly or any of its committees or subcommittees. Penalty: Arresto mayor. constitutional commissions or committees or divisions thereof. That there be a projected or actual meeting of the National Assembly or any of its committees or subcommittees. That the offender does not take direct part in the crime of sedition. 2. That the offender who may be any person prevents such meeting by force or fraud. That the inciting is done by means of speeches. or of any provincial board or city or municipal council or board. Penalty: Prision correccional (maximum). That the offender does any of the following acts: a. 3. Penalty: Prision correccional. he disturbs any of such meetings. or other representations tending to the same end. fine ranging from 200 to 2. emblems. That he incites others to the accomplishment of any of the acts which constitute sedition. 2.000 pesos ARTICLE 142 Inciting to sedition Elements: 1. fine no exceeding 2.000 pesos ARTICLE 144 Disturbance of proceedings Elements: 1. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it.ARTICLE 141 Conspiracy to commit sedition Penalty: Prision correccional (medium). banners. or of any provincial board or city or municipal council or board.

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