GENERAL PRINCIPLES

What is criminal law? A branch of criminal law which defines crimes, treats of their nature and provides for their punishment
What is a crime? It is an act or omission punishable by law.
What is a penal law? An act of legislation which prohibits certain acts and establishes penalties for their violations; or those that define crimes treats of their nature and provides for their
punsihments. New Bilibid Prison v De Lima

1. Distinguish MALA IN SE and MALA PROHIBITA

MALA IN SE refers to felonies which are, by their very nature, inherently evil and thus criminal intent is required to be proved among other elements while MALA PROHIBITA refer to those
acts which are not by their very nature criminal but are prohibited and punished by law. – Garcia v CA.

2. SCOPE and CHARACTERISTICS

General: Criminal law is binding on ALL persons who live or sojourn in Philippine territory (Art. 14, NCC). XPN: subject to the principles of public international law and to treaty stipulations.
- The RPC is not applicable when military courts take cognizance of the a service-connected case, Articles of War will apply.
Territorial: Penal laws are enforceable only within the territories of the Philippines Archipelago, including its atmosphere, its interior waters and maritime zone. – Art 2 RPC
XPN: Enforced outside against, commits a crime in a PH ship or airship, should forged or counterfeit any coin or currency note of the PH or obligations and securities issued by Gov’t of PH
Prospective: Penal laws cannot be made to punish acts which were not punishable during the time of their commission. This is consistent with the provision which provides that crimes are
punished by the law in effect at the time of their commission
3. Pro reo: principle provides that when in doubt, rule for the accused.
4. HOW PENAL LAWS ARE CONSTRUED: Strictly against the State and liberally in favor of the accused.
5. Retroactive effect: Penal laws shall apply retroactively if it is favorable to the accused. Unless expressly made inapplicable to pending actions, or the accused is a habitual
criminal RPC ART 22

FELONIES: acts or omissions punishable by the Revised Penal Code. :: Committed by means of deceit, with deliberate intent, or faut when the act is performed from imprudence, negligence,
lack of skill or lack of forsight. Dolo/culpa
1. Criminal Liabilities Article 4:
a. Classification
Intentional felonies: those wrongs in which a deliberate malicious intent to do an unlawful act is present - Villareal v People
Culpable felonies or criminal negligence: injury inflicted on another is unintentional, the wrong being simply the result of the act performed without malice or criminal design.
Mens rea: non-physical element which, combined with the act of the accused, makes up the crime charged. Criminal intent, or guilty mind. ABSCBN v Gozon
Dolo or malice ELEMENTS: Freedom-act done with deliberation and with power to choose between two things, intelligence-ability to determine the morality of human acts as
well as the capacity to distinguish between licit and illicit acts, intent- determination to do a certain act.
 Categories: grave – where the law attaches capital punishment or in any periods are afflictive, less grave – maximum period are correctional under Art 25, light – arresto
menor or fine !> 40k.
 Praeter intentionem: Injury is greater than intended. Abberratio ictus: Mistake in the blow. Error in personae: mistake of a person.
 Imposible crimes: there is evil intent, where it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual
means.
o Impossibility: PHYSICAL IMPOSSIBILITY: extraneous circumstances to unknown to the actor or beyond his control prevent the consummation of the intended
crime. OR LEGAL IMPOSSIBILITY: intended acts even if committed will not amount to a crime. Employment: inadequate OR ineffectual
 Stages of execution:
o Attempted: by overt acts, but has not performed all acts of execution. ELEMENTS: 1.) Commences a felony by overt acts; 2.) does not perform the acts of
execution that will produce the crime; 3.) Offender’s act is not stopped by his own spontaneous desistance; 4.) Non-performance was due to cause or accident
other than his own spontaneous desistance.
o Frustrated: 1.) offender performs all of the acts of execution; (the actus reus) 2.) all of the acts performed would produce the felony as a consequence; 3.)
felony is not produced; 4.) by reason of causes independent of the will of the perpetrator; Frustrated Homicide
o Consummated: When all the elements necessary for its execution and accomplishment are present.
 To determine the stages, consider: MEN 1.) manner of committing, 2.) elements constituting felony and 3.) nature of the offense.
 Continuing Crime: Consists of a series of act but arising from one criminal resolution.
o Not a complex crime: there is only one criminal act in a complex crime but it produced 2 or more grave and less grave felonies but more than one act is done
in a continuing crime.
o Not a transitory crime in remedial law which determines venue of action.
o REQUISITES: 1.) Plurality of acts performed during a period of time; 2.) Unity of penal provision violated; 3.) Unity of Criminal intent or purpose.
 Complex Crimes: 1.) One single act, produces two or more grave and less greave felony 2.) One is a necessary means to commit the other.
o Penalty is the highest penalty among of the crimes produced.
o Compound crime: one criminal act is necessary for committing the other
 Composite Crimes: A crime composed of different combinations of crimes which composition is specified by law and given a specific penalty. People v Avila
2. Circumstances affecting criminal liability
 Justifying
o Acts in defense of his person or right: Requisites: 1.) Unlawful aggression 2.) Reasonable necessity for the means employed; 3.) lack of sufficient provocation
on the part of the person defending himself
 Actual unlawful aggression – an offensive act that positively determines the intent of the aggressor to cause injury
 Imminent unlawful aggression – an impending attack or an attack at the point of happening
 Lack of sufficient provocation: provocation was: not given to the person defending, not sufficient, provocation was given by the defender but not
proximate and immediate to the act of aggression, no provocation was given at all to the aggressor by the person defending himself.
o Defense of a relative: 1st and 2nd requisites present; not induced by revenge, resentment or other evil motive. - jur
o Defense of a stranger: 1st and 2nd requisites present; Strangers: those not enumerated under defense of relatives.
o Avoidance of greater evil or injury: Requisites: 1.) evil sought to be avoided actually exists 2.) Injury feared is greater than that done to avoid it. 3.) There be
no other practical and less harmful means preventing it.
o Any acts in fulfillment of duty or lawful exercise of a right or office
o Any persons who acts in obedience to an order issued by a superior for some lawful purpose. Not liable if not aware, without fault or negligence on his part,
of the illegality of the order - jur
 Exempting: Lack of criminal intent: IF the requisite is incomplete but the majority is present, then it is considered privileged mitigating.
o Imbecile or insane
 Imbecile approaching to that of an insane but is analogous to childishness or dotage. Advance in age but has a mental development comparable
to children between two and seven years of age.
 Insane –complete deprivation of intelligence. Must be present before or at the time of the commission of the crime. XPN acts under lucid interval
when the crime was committed.
 Feeblemindedness not exempting but mitigating circumstance because offender could still distinguish right from wrong.
 Absence of intelligence
o Person 9 years of age
 Minor. Complete absence of intelligence
o Over nine but under fifteen unless acted with discernment
 Discernment is the mental capacity to understand the difference between right and wrong. Dorado v People
 Complete Absence of intelligence
o In performance of a lawful act with due care causes injury by mere accident without fault or intention of causing it
 Accident – fortuitous circumstance without any human agency or even if with human agency, is unusual or unexpected to a person with whome
it is presented
 Negligence – lack of degree of care which the circumstances justly demand or lack of foresight.
o Under compulsion of irresistible force
 Acted without will or against his will and reduced into a mere instrument
 Force leaves no opportunity to defend himself – jur
 Duress, force, fear or intimidation is present, imminent and impending as to induce a well-grounded apprehension of death or serious bodily
harm if the act be done. A threat of future injury is not enough. – People v Paredes
 Without will but against his will – jur
 Reason: he does not act with freedom. – Actus me invite factus non est meus actus. An act done by me against my will is not my act - jur
o Under impulse of uncontrollable fear of an equal danger or greater injury
 Uncontrollable fear, real and imminent and fear of greater than or at least equal to that committed. – jur
 Compulsion be of such a character as to leave no opportunity for escape or self-defense in equal combat - jur
o Fails to perform an act required by law, when prevented by insuperable cause
 Being required to perform an act, fails to perform such act, failure was due to some lawful or insuperable case
 Insuperable, some power or reason independent of the will of the accused, has lawfully, morally and physically prevented him to do what the
law commands.
 Mitigating
o Reduce the criminal liability:
 Ordinary: 1.) Article 13 if article 69 is not applicable 2.) can be offset by any aggravating circumstance 3.) if not offset, effect only of applying
minimum period of the penalty in case of divisible
  Privileged: 1.) paragraph 1 of Article 13 in relation to Articles 68, 69 and 64 of the RPC 2.) cannot be offset by an aggravating circumstance. 3.)
imposes a penalty lower by one or two degrees than that provided by law

 Aggravating – if present, serves to increase the penalty but not exceeding the maximum of the penalty imposed by law for the offense
 It is not presumed but must be proved
o Generic: applies to all crimes – A1I2D3A4 P5 N6A9P10C14A18B19A20
Advantage of public position, Insult to authority, dwelling of the offended party without provocation, abuse of confidence or obvious ungratefulness, palace
in the presence of chief or place of worship, Night time uninhabited place by a band, Accused is recidivist, previously punished by an offense, craft fraud
disguise employed, after unlawful entry, broken wall roof door floor means of committing, aid of 15 years of age
o Specific: applies only to particular crimes; - R3A15T16I17C21 page 272
o Qualifying: changes the nature of the crime (treachery, evident premeditation etc. Homicide to murder. Cannot be offset by a mitigating circumstance. Only a
generic circumstance if not alleged in the information)
o Inherent: Must necessarily accompany the commission of the crime.
 Evident premeditation in robbery, theft, estafa, adultery and concubinage
 Breaking of wall or unlawful entry in roberry
 Abuse of public position in malversation of public funds
 Deceit in simple seduction
 Dwelling: a building or structure exclusively used for rest and comfort. (still aggravating if started inside the dwelling)

 Alternative - considered aggravating or mitigating according to the nature and effects of a crime.
o Relationship:
 Theft estafa swindling malicious mischief: EXEMPTING 332
 Crimes committed against a relative of a higher or same degree: AGGRAVATING
 Crime of homicide or murder against a relative of lower degree: AGGRAVATING
 Crime of less serious or slight physical injuries against a relative of lower degree: MITIGATING
o Intoxication:
 If habitual OR intended to commit a felony: AGGRAVATING

 If not habitual, or accidental OR not subsequent to the plan to commit felony: MITIGATING
 Prove that certain quantity deprived him of a certain degree of control and that it is not habitual or subsequent to the plan to
commit felony.
o Degree of instruction:
 High degree of instruction, if availed to commit a crime: AGGRAVATING
 Being a lawyer is not aggravating in physical injuries.
 Low degree of education or lack thereof: GENERALY MITIGATING
 NOT mitigating under the FF: crime against property, crime against chastity, treason, murder.

 Absolutory – Criminal acts which are not punished for reasons of public policy or public sentiment.
o Article 6: spontaneous desistance by a person who commences the commission of a felony before he could perform all acts of execution
o Article 124:
o Article

3. PERSONS LIABLE AND DEGREE OF PARTICIPATION

 Conspiracy and proposal
o Conspiracy
 Indications: the acts are concerted and for a common goal.
 No more direct evidence: Conspiracy need not be proved by direct evidence, it is sufficient that they acted in concert pursuant to the same
objective.
 Liability of co-conspirators: Act of one is the act of all. Liable in the same manner, and to the same extent. Penalty is the same
 Limitation of co-conspirator’s liability: Liability is limited only to the object of the conspiracy
 Absent conspiracy: Each shall be responsible for their distinct acts.
o PRINCIPAL : Faces the penalty imposed for the crime
 BY DIRECT PARTICIPATION: PRESENT: at the scene of the crime personally taking part in the execution of the act
 BY INDUCEMENT: inducement is made directly with intention to procure commission of the crime and the inducement is the determining cause
of the crime by the material executor.
 FORCING ANOTHER :
o IRRESISTIBLE FORCE or UNCONTROLLABLE FEAR
 : the person being compelled is exempted from criminal liability
 INDUCING ANOTHER
o GIVING PRICE/REWARD/PROMISE: there is collective criminal responsibility
o WORDS OF COMMAND (in Direct participation, the person giving the words of command is also personally participates.
Here, only words of command)
 WORDS OF COMMAND
o intended to procure commission of the crime
o the one has ascendency or influence over the person who acted
o words are direct, efficacious and powerful as to amount to moral coercion
o uttered prior commission
o material executor of the crime has no personal reason to commit the crime
 BY INDISPENSABLE COOPERATION:
 Requisites:
o There is participation in the criminal resolution.
o Cooperation is INDISPENSABLE for the commission of the crime.
 ACCOMPLICES - If does not have previous agreement or understanding or is not in conspiracy with the principal by direct participation but he
participates to a certain point to a common criminal design. Commonality with the conspirators is that they agree with the criminal design but
the accomplices come to know about it after the latter’s decision that the crime should be committed. Penalty is one degree lower than the
principal.
 Accessories can still be convicted if the principal is acquitted as long as the commission of the offense can be established in evidence,
the determination of the liability of the accomplice and accessory can proceed independently of that of the principal action. (Vino v
People)
 Knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose
 He cooperates with the execution by previous or simultaneous acts with the intention of supplying material or moral aid in the
execution of the crime in an efficacious way
 There is a relation between the acts done of the principal and those attributed to the person charged as accomplice
o 1.) Profiting or assisting the offender to profit
o 2.) Concealing/destroying the body/instruments or instruments of the crime
o 3.) Harboring, concealing, assisting in escape
 Public officer
 Private persons
o For 2 & 3: If with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same degrees exempted from liability as accessory.
 ACCESSORIES: 2 DEGREES LOWER than the principal
4. PENALTIES: suffering imposed by the State for the transgression of law.
i. Prevention – to prevent or suppress the danger to the State arising from the criminal acts of the offender
ii. Self-defense – to protect the society from threat and wrong inflicted by the criminal
iii. Reformation - to correct and reform the offender
iv. Exemplarity - act is punished to serve an example.
v. Justice- the crime must be punished by the state as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal.

 Imposable penalties – No felony shall be punishable by any penalty not prescribed by law prior to its commission.
o Imposable penalties: Article 21
 Reclusion perpetua is not the same as life imprisonment because the former carries an accessory penalty
 Reclusion perpetua at least 30 years for convict to be eligible for parole.
o Classification: Article 25 ! no death penalty
 Divisible
 Indivisible – no fixed duration like death, rec perp, perpetual absolute disqualification, public censure
  Subject matter: corporal, deprivation of freedom, restriction of reedom, deprivation of rights, pecuniary
 Gravity: capital, afflictive, correctional, light.

o Effects:
 Perpetual or temporary ABSOLUTE disqualification
 No public office employment, no right to vote or be elected, disqualified to public office employment, loss of rights to retirement pay
or other pension for any office formerly held
 Perpetual or temporary special
 Pardon: GR: does not restore right to hold public office or right of suffrage and does not exempt payment of civil indemnity. XPN: they are
expressly restored by the terms of the pardon. Accessory penalties still remain because only the principal penalty is extinguished. Pardon after
service of sentence removes the consequences of conviction.
o Subsidiary Imprisonment: 1 DAY FOR EVERY AMOUNT EQUIVALENT TO THE HIGHEST MINIMUM WAGE AT THE TIME OF JUDGMENT
o Imprisonment depending on the imposed penalty not imposable penalty.
 Prision Correctional or arresto and fine: S.I. shall not exceed on 1/3 rd of the term of sentence AND not be more than 1 year.
 FINE only: S.I. shall not exceed 6 months
 Higher than Prision correctional: NO s.i.
 Fixed duration but no commitment to penal institution:
 Service of subsidiary imprisonment does not relieve CIVIL LIABILITY
o ISLAW: INDETERMINATE SENTENCE LAW: should be applied in imposing prison sentence for a crime
 Where inapplicable: death or life imprisonment, conspiracy proposal misprision of treason, rebellion, habitual delinquents, escapees, evaded
sentence, violated pardon, penalty is 1 year, already sentenced by final judgment at the time approval of the act.
 General: Determine a maximum and minimum
 SPECIAL LAW: The minimum should not be lower than the minim period prescribed by law and the maximum not higher than the maximum term.
Thus, for 1 year and 1 day to 5 years, a minimum cannot be lower than 1 year and one day not higher than 5 years.
 UNDER RPC: The minimum is one degree lower than the prescribed penalty with attending circumstances considered to determine the
maximum. Thus, if a penalty is Prision Correctional, the minimum should be within arresto mayor and the maximum within the former after
considering attending aggravating or mitigating circumstances.
 Rec per, death, life imprisonment, imprisonment !>1 year, misprision of treason.
 Accessory penalties: None for Destierro
o Perpetual absolute disqualification: Death, Rec Temp and Perpetua,
o Perpetual special disqualification: Prision Correccional, Prision Mayor
o Temporary absolute disqualification: Prision Mayor
o Suspension: arresto
 Three-fold rule: The maximum duration of sentence to be served must not be more than three times of the length of the most severe penalty.
o Applicable only when the convict has to serve at least Four sentences. :
 Probation: within the period to perfect appeal, suspend execution and place defendant for such period or upon such terms and conditions as it deem best. Present himself
where at the place specified by the order and report at least once a month as provided by the probation officer. IT IS A PRIVILEGE
o Filing: period within which to appeal
o When denied:
 offender is in need of correctional treatment
 risk that there the offender will commit another crime
 probation will depreciate the crime committed
o disqualified:
 penalty exceeds 6 years
 convicted of crimes against national security or subversion
 previously punished by imprisonment for at least 1 month one day or fine 200
 have been on probation
 already serving sentence upon effectivity of the act
 juvenile justice and welfare act
o less than 15: exempt but undergo intervention
o above 15 but less than 18: exempt but undergo intervention unless acted with discernment
 show the following
 manner the crime was committed
 conduct of the offender after its commission
o How to determine age
 Best evidence, birth certificate
 Authentic documents, school records,
 Testimony of the child and relative in consanguinity qualified to testify in matters concerning pedigree
 EXTINCTION OF CRIMINAL LIABILITY
o DEATH:
 Criminal Liability: extinguished
 Civil liability: Death before final judgment, civil liability arising from the crime is extinguished, else not extinguished
 Acquitted Self-defense: heirs no right to indemnity
 Amnesty: DOES NOT EXTINGUISH CIVIL LIABILITY but the effect is as though the convict has not committed a crime because it looks back
 Absolute Pardon: Does not extinguish civil liability, a private act and exercised only after conviction.
 Conditional Pardon: Does not extinguish civil liability: Convict enjoys the effect of pardon as long as in compliance with the condition, others,
recommitted to penal institution to serve sentence.
o SERVICE OF SENTENCE
 Good conduct allowance:
o ABSOLUTE PARDON
o PRESCRIPTION OF OFFENSES: Defense of prescription may be raised during trial and on appeal.
 INTERRUPTION: WILL RUN from discovery of the crime and interrupted by the filing of the complaint or information
 CONTITUATION: Proceedings terminated without the accused being convicted or acquitted OR unjustifiably stopped for reasons not attributable
to the accused.
 Continuing crimes: Never prescribes.
Prescription of offenses punished under special laws and municipal ordinances:
Act No. 3763, amending Act No. 3326, provides:
 Fine or one month or both – 1 year
 > 1 but < 2 years – 4 years
 2 to < 6 years – 8 years
 6 years or more – 12 years
 Under Internal Revenue Law – 5 years
Violations of municipal ordinances – after 2 months.
 Violations of the regulations or conditions of certificate of convenience by the Public Service Commission – after 2 months.
3326 WILL NOT APPLY FOR A SPECIAL LAW PROVIDING FOR ITS OWN PRESCRIPTIVE PERIOD.
 The accused cannot be convicted of a lower offense when it already prescribed at the time the information was filed. – Francisco v CA
 Reclusion Per
o PRESCRIPTION OF PENALTIES
 Death and Reclusion perpetua: 20 years
 Afflictive penalties: 15 years
 Correctional: 10 years
 Light: 1 year
BOOK 2

Title I. CRIMES AGAINST NATIONAL SECURITY

SECTION 1: Treason and Espionage

TREASON: A breach of allegiance to the government committed by persons who owes allegiance to it
1. Filipino or alien resident who owes allegiance
2. There is war and Phil is involved: no actual declaration needed
3. Offender either:
 Levies war against the government: 1.) actual assembling of men and; 2.) purpose of executing treasonable design by force( intention).
 Adheres to the enemies, giving aid or comfort: Adherence and giving aid or comfort must concur and must be proved by 1 witness, from the nature of the act or from the
circumstances surrounding it
Details:
1. Cannot be committed at the time of peace because of number 2
2. Can be committed in two ways under requisite number 3
3. Levying war must be in collaboration with foreign country
4. Aid or comfort means acts which tends to strengthen or strengthens the enemy OR the opposite for the country to resist or attack the enemy
a. Must be by deed and not merely mental
b. Must be intentional:
5. Makapili - at the call of the enemy to fight by his side, being a makapili is in itself constitutive of an overt act.
6. Murder and physical injuries are inherent in the crime of treason
7. Can be committed even outside the Philippines
8. Cannot be proven by circumstantial evidence or by extrajudicial confession
a. Two witness rule: two witness at least to the same overt act and not one as to the other. – People v Apangan
b. Confession of the accused must be in open court

CONSPIRACY TO COMMIT TREASON

Conspiracy
1. Two or more persons come to an agreement
2. The agreement is to levy war against the government or adhere to its enemies giving them aid or comfort
a. Two-witness rule is not applicable because this is a separate offense
MISPRISION OF TREASON:
1. Offender owes allegiance to the Philippines and not a foreigner
2. Has knowledge of any conspiracy to commit treason
3. Conceals knowledge to such or does not disclose or make known to the governor or fiscal (province) mayor or fiscal (city)
4. The conspirators is yet to commit treason (Art 116)

ESPIONAGE: PCorr. (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 Republic of the Philippines or to the advantage of any foreign nation.

 Two ways to commit espionage

o Entering without authority to obtain those referred to in par1 of Art 117
 There must be intention
 Citizen or foreigner whether public or private can be an offender
o Disclosure
 Only a public officer
1. Elements for the first
a. Enters a warship, fort, or naval or military establishment or reservation.
b. Purpose of entry is to obtain information, photographs, or data confidential nature relative the defense of the Philippines
c. Entry is not authorized
2. Elements for the second
a. Offender is a public officer
b. By office is in possession of articles, data, or information referred to in Par 1 of Art 117
c. He discloses it to a representative of a foreign nation
Details:
1. Can be committed in the times of war or peace
2. May be committed in many ways Commonwealth Act No. 616

SECTION 2: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR

INCITING TO WAR:
1. Elements
a. Offender is a public officer or employee, or any private individual
b. Performs unlawful or unauthorized acts
c. Acts provoke war or give occasion to war involving or liable to involve the Philippines or expose Filipino citizens or reprisals on their persons or property
Details
1. Committed in times of peace

VIOLATIONS OF NEUTRALITY
1. Elements
a. There is ware and PH is neutral
b. A regulation is issued by competent authority enforcing neutrality
c. Offender violates such regulation
d. Offender is any person
Details
1. Neutrality – a nation of power taking no part in a contest of arms between two countries

CORRESPONDENCE WITH HOSTILE COUNTRY

1. Elements
a. At time of war and Ph is involved
b. Offender makes correspondence with an enemy country or territory occupied by enemy troops
c. The correspondence is either
i. Prohibited by the government
ii. Carried on ciphers or conventional signals
iii. Containing notice or information which might be useful to the enemy
Details
1. Correspondence – even if it contains innocent matters, correspondence is prohibited, it is punishable.
2. Qualifying circumstances:
a. notice or information might be useful to the enemy
b. offender intended to aid the enemy

FLIGHT TO ENEMY COUNTRY

1. Elements
a. There is war and PH is involved
b. Offender, an alien or a foreigner, owes allegiance to the Government
c. Offender attempts to flee or go to enemy country
d. Going to enemy country is prohibited by competent territory

SECTION 3: PIRACY AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS

PIRACY IN GENERAL AND MUTINY IN THE HIGH SEAS OR PHILIPPINE WATERS
1. Two ways to commit Piracy
a. Attacking or seizing a vessel in high seas or in Philippine waters
b. Seizure in whole or part of its cargo, its equipment or personal belongings of its passenger or complements
2. Elements
a. A vessel is on high seas or Ph waters
b. Offenders are not members of such vessel nor members of its complements or passengers
c. Offenders did the following
1. Attack or seize the vessel
 2. Seize the ship in whole or part of the cargo of the vessel, its equipments or personal belingings of its passenger
Details:
1. High seas: any waters on the sea coast which are without boundaries of low-water mark
a. Not part of the exclusive economic zones, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state.
2. Piracy: robbery or forcible depredation in the high seas without lawful authority
3. Mutiny: Unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of a commander.
4. Pirates are strangers to the vessel while mutineers are members of its crew or passenger
5. Considered terrorism if it created a condition of widespread and extraordinary fear and panic among the populace

QUALIFIED PIRACY: RecPerp

1. Elements
a. Pirates seized a vessel by firing or boarding
b. Abandoned their victims without means to save themselves
c. Accompanied by murder, rape, homicide, physical injuries
Details
1. A special complex crime
2. Accomplices
a. Aids or protects pirates
i. Give them information on movements of police officers
ii. Acquires or receives property taken by pirates
iii. Derives benefit from pirates in any manner
iv. Indirectly abets commission of piracy

Title II. CRIMES AGAINST FUNDAMENTAL LAW OF THE STATE

SECTION 1: ARBITRARY DETENTION AND EXPULSION

ARBITRARY DETENTION
Detention: confinement by a person in an enclosure, or in any manner detaining and depriving him of his liberty.
1. Classes
a. Offender is a public officer or employee
b. Detaining a person without legal ground
c. Delay in delivery of detained persons to proper judicial authorities
d. Delaying release
2. Elements
a. 1st class
i. Offender is a public officer or employee
ii. Detains a person
iii. Detention is without legal grounds
Details
1. Can be committed through imprudence
2. May be a result of an unlawful warrantless arrest
3. Confinement must be ACTUAL or in any manner detaining and depriving liberty

DELAY INDELIVERY OF DETAINED PERSONS TO PROPER JUDICIAL AUTHORITY

1. Elements
a. Offender us a public officer or ee
b. Detained a person for some legal ground
c. He fails to deliver such person to proper judicial authorities within
i. 12 hours: light penalties or equivalent
ii. 18 hours: correctional
iii. 36 hours: afflictive or capital penalties or equivalent
Details
1. Delivery: , does not consist in a physical delivery, but in making an accusation or charge or filing of an information against the person arrested with the corresponding court or
judge – Sayo v Chief of Police Manila
2. Judicial authorities: SC or inferior courts as may be established by courts. Vested with power to order temporary detention or confinement of a person charged with having
committed a public offense.
3. Waiver of Article 125: violation of Article 125 is not a ground for a motion to quash the information
4. Illegality of detention not cured by the filing of the information in court, the detaining officer is still liable under article 125 even if an information is already filed
5. Fiscal is not liable unless he ordered detention. Reason: he is not the one who arrested and illegally detained the person

DELAYING RELEASE
1. Elements
a. Public officer or employee
b. Judicial or executive order for the release of a prisoner OR there is a proceeding upon a petitioner for the liberation of such person
c. Without good reason delays
i. Service of notice to prisoner
ii. Performance of such judicial or executive order
iii. Proceedings for the release of such person
EXPULSION
1. Elements
a. Public officer or employee
b. Expels a person from the Philippines or compels a person to change residence
c. The offender is not authorized to do so by law

2. Punishable acts
a. Expelling a person from the Philippines
b. Compelling a person to change residence

SECTION 2: VIOLATION OF DOMICILE

VIOLATION OF DOMICILE
1. Elements
a. Public officer or employee
b. No authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects.
2. Punishable acts
a. By entering the dwelling of the owner
b. By searching papers, effects found therein without previous consent of such owner
c. By refusing to leave the premises after being required to leave or after having surreptitiously endered the said dwelling
Details
1. Entry must be against the will of the owner
2. Refusal presupposes opposition or prohibition, whether express or implied
3. Right to break into building or enclosure s11R113 ROC
4. Surreptitiously entered: no consent

SEARCH WARRANTS MALICIOUSLY OBTAINED, AND ABUSE OF SERVICE OF THOSE LEGALLY OBTAINED
1. Elements:
a. Public officer or employee
b. Procures search warrant
c. Either of the following:
i. Warrant has no just cause: TEST: whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that
perjury could be charged thereon and affiant be held liable for damages caused.
ii. Warrant has just cause but the officer exceeds his authority or uses unnecessary severity in executing it.
2. Punishable acts
a. Procuring without just cause
b. Exceeding authority or employing unnecessary severity in its execution
Details
1. Refusal to allow entry after notice of Authority and Purpose, the officer can break window
2. Search warrant is valid for 10 days
3. Fruit of the poisonous tree: any evidence acquired without a valid search warrant is fruit of the poisonous tree.
SEARCHING DOMICILE WITHOUT EVIDENCE
1. Elements
a. Public officer or employee
b. Armed with a search warrant legally procured
c. Searches the domicile , papers or belongings of any person
d. The owner, or any member of his family, or two witnesses from residing in the same locality are not present.

SECTION 3: PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS

PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS

1. Elements
a. public officer or employee
b. performs punishable acts below
2. Punishable acts
a. By prohibiting or by interrupting, WITHOUT LEGAL GROUND, the holding of a PEACEFUL meeting, or by dissolving the same.
b. By hindering any person from joining any lawful association or from attending any of its meetings.
c. By prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress
of grievances.
Details
1. Meetings should be peaceful otherwise subject to regulation
2. Danger must be imminent and evil to be prevented must be serious

SECTION 4: CRIMES AGAINST RELIGIOUS WORSHIP

INTERRUPTION OF RELIGIOUS WORSHIP

1. Elements
a. Public officer or ee
b. Religious ceremonies, manifestations of any religion are about to take place
c. The offender prevents or disturbs the same

OFFENDING RELIGIOUS FEELINGS

1. Elements
a. By any person
b. In a place devoted to religious worship or during celebration of any religious ceremony
c. Acts must be notoriously offensive to the feelings of the faithful (with deliberate intent)
Details
1. Religious ceremonies: those performed outside of churches
2. Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule

TITLE THREE: CRIMES AGAINST PUBLIC ORDER

REBELLION OR INSURRECTION
1. Elements
a. There is a public uprising and taking arms against the Government
b. The purpose of which are either of the following:
i. To remove from the allegiance to the said government
1. Territory or part thereof
2. body of land, naval or armed forces
ii. Deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives.
Details
2. Rebellion is not the same with insurrection
3. Rebellion is to overthrow and supersede the existing government;
4. Rebellion is complete the moment a group rise up publicly and take arms against the government for the purpose of overthrowing the latter by force
a. success is not necessary
5. Insurrection refer to a movement which seeks some change of minor importance
6. Rebellion or insurrection is terrorism when the act constituting as such created a condition of widespread and extraordinary fear and panic among the populace
7. Homicide or murder is absorbed by rebellion
8. A common crime committed is stripped of its “common” complexion, inasmuch as being part of the crime of rebellion
9. Conspiracy to commit rebellion: when two or more agree to commit the crime of rebellion
10. A person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons
commits the crime of proposal to commit rebellion

INCITING REBELLION OR INSURRECTION

1. Elements
a. Offender does not take arms or is in open hostility against the government
b. He incites others to the execution of any acts of rebellion
c. The inciting done by means of speeches, proclamations, writings, emblems, banners or other representation tending to the same end.

HUMAN SECURITY ACT: *Conspiracy to commit terrorism is a crime

Terrorism if the following are committed but creates a condition of widespread and extraordinary fear and panic among the populace
1. Piracy and Mutiny in the high seas or Ph waters
2. Rebellion or Insurrection
3. Coup d’ Etat
4. Murder
5. Kidnapping and Serious Illegal Detention
6. Crimes Involving Destruction
a. 1. Presidential Decree No. 1613 (The Law on Arson);
b. 2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
c. 3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
d. 4. Republic Act No. 6235 (Anti-Hijacking Law);
e. 5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
f. 6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)

COUP D’ETAT RecPerp

1. Elements
a. Offender is a military or a police officer holding public employment
b. By swift attack accompanied by violence, intimidation, threat, strategy or stealth
c. Attack is directed against
i. duly constituted authorities of the Republic of the Philippines
ii. military camp or installation
iii. communication networks
iv. public utilities
v. other facilities needed to exercise continued possession of power
vi. purpose of attack is to seize or diminish power
Details

DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES

1. Punishable Acts
a. Failing to resist rebellion by all means in their power
b. Continuing to discharge the duties of their offices under the control of the rebels
c. Accepting appointment to office under them
Details
1. Must not be in conspiracy with the rebels otherwise it is rebellion
INCITING A REBELLION OR INSURRECTION:

Elements
1. That the offender does not take arms or is not in open hostility against the Government;
2. Offender incites others to the execution of any of the acts of rebellion;
3. Inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.
Details
1. Here, the receiver of the proposition must not commit treason or the offender shall be liable not for inciting a rebellion but a principal by inducement to the crime of rebellion.

SEDITION

Elements:
1. That the offenders rise (a) publicly, AND (b) tumultuously;
2. Employs force, intimidation, or other means outside of legal methods;
3. Purpose for employment is for any of those means to attain any of the ff. 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; and
e. To despoil, for any political or social end, any person, municipality or province, or the National Government (or the Government of the United States), of all its
property or any part thereof.
Details
1. Sedition, in its general sense, 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 such a course
of measures as evidently engenders it.
2. Act of hate:
3. COMMON CRIMES ARE NOT ABSORBED BY SEDITION
4. PENALTY PRISM
5. There must be agreement to rise publicly and tumultuously to attain any object of sedition to be guilty of conspiracy:
a. No Proposal to commit sedition but only conspiracy.

INCITING TO SEDITION
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 of the 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.

Modes to commit Sedition

1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc.
2. Uttering seditious words or speeches which tend to disturb the public peace.
3. Writing, publishing, or circulating scurrilous libels against the Government or any of the duly constituted authorities thereof, which tend:
a. to disturb the public peace.
b. to instigate others to cabal and meet together for unlawful purposes
c. or which suggest or incite rebellious conspiracies or riots
d. or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government
4. Knowingly conceal such evil practices.

Details
1. Tend to disturb peace: This mode merely require that words uttered or speeches delivered or scurrilous libels published have the tendency to disturb any lawful officer in
executing the functions of office, etc.

CHAPTER 2: CRIMES AGAINST POPULAR REPRESENTATION

Section One. – Crimes against legislative bodies and similar bodies
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES
Elements
1. Offender is any person
2. There’s a projected actual meeting of Congress or any of its committees or subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or
municipal council or board.
3. The offender prevents such meeting by force or fraud.

DISTURBANCE OF PROCEEDINGS
1. That there be a meeting of the Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or
city or municipal council or board.
2. That the offender does any of the ff. 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 impair the respect due it.
Details
1. It must be a meeting of a legislative body or of provincial board or city or municipal council or board which is disturbed.

VIOLATION OF PARLIAMENTAL IMMUNITY:

Punishable acts
1. By using force, intimidation, threats, or frauds to prevent any member of the Congress from
a. attending the meetings of the Congress or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or from
b. expressing his opinions, or
c. casting his vote.
2. By arresting or searching any member thereof while the Congress 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. (Note: to be consistent with the 1987 Constitution, the phrase “by a penalty higher
than prision mayor” should be amended to read: “by a penalty of prision mayor or higher”)
Elements
FIRST ACT
1. The offender is any person
2. That the offender uses force, intimidation, threats or fraud;
3. That the purpose of the offender is to prevent any member of Congress from –
a. (a) attending the meetings of Congress, etc.; or
b. (b) expressing his opinions; or
c. (c) casting his vote.

2ND ACT
1. That the offender is a public officer or employee;
2. That he arrests or searches any member of Congress;
3. That Congress, 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.

Details
1. Not necessary to actually prevent any member from attending. It is sufficient that the offender, in using force, intimidation, threats or frauds, has the purpose to prevent a
member of Congress from exercising any of his prerogatives.
2. Parliamentary immunity does not protect members of Congress from responsibility before the legislative body itself

CHAPTER 3: ILLEGAL ASSEMBLIES AND ASSOCIATIONS

ILLEGAL ASSEMBLIES
 Any meeting attended by armed persons for the purpose of committing any of the crime punishable under the Code.

Requisites:
1. That there is a meeting, a gathering or group of persons whether in a fixed place or moving;
2. That the meeting is attended by armed persons;
3. That the purpose of the meeting is to commit any of the crimes punishable under the Code.
  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:
1. That there is a meeting, a gathering or group of person, whether in a fixed place or moving.
2. That the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.

Details
1. Persons liable
a. The organizers or leaders of the meeting.
b. Persons merely present at the meeting. As illegal assembly is a felony, the persons merely present at the meeting must have a common intent to commit the felony
of illegal assembly. The absence of such intent may exempt the person present from criminal liability. Thus, if a person happens to be present at an illegal assembly
out of curiosity, he is not liable
2. If carrying an unlicensed firearm
a. It is presumed that the purpose of the meeting insofar as he is concerned, is to commit acts punishable under the Code; and
b. He is considered a leader or organizer of the meeting.

ILLEGAL ASSOCIATIONS (as in associations and not merely a gathering)

Details
What are illegal associations: They are:
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 for illegal association:

1. Founders, directors and president of the association.
2. Mere members of the association.

The Laipang Sakdalista was declared an illegal association, because it strived to stir up dissatisfaction among the laboring class, instigated them to break the laws and led them to
bloody riots and inflamed them to rise up against the government

DIRECT ASSAULTS

Punishable acts
1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition.
2. Without public uprising, by attacking, by employing force, or by seriously intimidating or seriously resisting any person in authority or any of his agents, while engaged in the
performance of official duties, or on the occasion of such performance.

Elements
First form
1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects in the crime of sedition.
3. That there is no public uprising.

Second form
1. That the offender
a. makes an attack,
b. employs force,
c. makes a serious intimidation, or
d. makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent
a. is engaged in the actual performance of official duties, or that he is assaulted,
b. by reason of the past performance of official duties.
4. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties.
5. That there is no public uprising.

Details
1. Force:
a. Against Agent: Must be of serious character.
b. Against Person in Authority: need not be of serious character
i. Must not exceed authority else he/she would be acting as a private person.
ii. IF offender and offended party descend to matters which are private in nature, the principle of authority is not violated.
2. Intimidation: Must be serious whether against the person in authority or the agent
3. Person in Authority:
a. A person vested with jurisdiction, whether as individual or as member of – see 152
i. of some court
ii. of governmental corporation, board, or commission
iii. Barangay Captain or Chairman is a person in authority
b.
i. Public school teachers
ii. Professors
iii. Persons in charge of public schools or duly recognized private schools, college, and universities
iv. Lawyers in actual performance of their professional duties or on the occasion of such performance
c. Others
i. The municipal mayor
ii. Division superintendent of schools
iii. Public and private school teachers
iv. Teacher-nurse
v. President of sanitary division
vi. Provincial fiscal
vii. Justice of the peace
viii. Municipal councilor
ix. Barrio captain and barangay chairman
4. Agent: is one who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and
security of life and property, such as a barrio councilman and barrio policeman and barangay leader or any person who comes in aid
5. “on occasion of such performance” : means by reason of the performance of duty even if at the very time of the assault no official duty was being discharged.
6. INDIRECT ASSAULT: Offender use force and intimidation against any person who comes to the aid of persons in authority who are victims of direct assault.
7. SERIOUSLY RESIST: If not serious then it is resistance

RESISTANCE TO PERSONS IN AUTHORITY OR THE AGENTS OF SUCH PERSONS

Elements
Paragraph 1
1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender.
2. That the offender resists or seriously disobeys such person in authority or his agent.
3. That the act of the offender is not included in the provisions of Arts. 148, 149 and 150.
Paragraph 2
1. That an agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender.
2. That the offender disobeys such agent of a person in authority.
3. That such disobedience is not of a serious nature.

Details
1. The offender must have knowledge that the arresting officer is a peace officer. In one case where the person arresting the accused did not identify themselves, it was held that
the resistance did not constitute an offence.
2. Order must be lawful otherwise the resistance is justified
3. Shall resist or seriously disobey: The word “seriously” in the phrase quoted is not used to describe resistance, because if the offender seriously resisted a person in authority or
his agent, the crime is direct assault.
 CHAPTER 5: PUBLIC DISORDERS

UNLAWFUL MEANS OF PUBLICATION

Punishable acts
1. By publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or
cause damage to the interest or credit of the State; (Note: it is not necessary that the publication of the false news actually caused public disorder or caused damage to the
interest or credit of the State. The mere possibility of causing such danger or damage is sufficient. The offender must know that the news is false)
2. By encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means, or by words,
utterances or speeches.
3. By maliciously publishing or causing to be published any official resolution or document without proper authority or before they have been published officially.
4. By printing, publishing, or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as
anonymous.

TUMULTS AND OTHER DISTURBANCE

Punishable Acts
1. Causing any serious disturbance in a public place, office or establishment;
2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Arts. 131 and 132;
3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place;
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.
Details
1. Such disturbances must be planined or intended
2. Outcry - to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition.
3. Tumultuous - tumultuous if caused by more than three persons who are armed or provided with means of violence.
4.