CRIMINAL LAW

BOOK 2
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

CRIME AGAINST NATIONAL SECURITY

• ART. 114: TREASON

❖ breach of allegiance to a government and can only be committed by a person who owes
allegiance.

❖ What is allegiance?

- the obligation of fidelity and obedience which individuals owe to the government
under which they live, or to their sovereign in return for the protection which
they receive.
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 114: TREASON

❖ Elements of Treason:
1. That the offender owes allegiance to the Government of the Philippines;
2. That there is 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.
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS
• ART. 115: CONSPIRACY AND PROPOSAL TO COMMIT TREASON
❖ Conspiracyto commit treason
- committed when in time of war, two or more persons come to an agreement to levy a war
against the Government or adhere to the enemies and to give them aid or comfort,
proposes its execution and decide to commit it.

❖ Proposal to commit treason

- committed when in time of war, a person has decided to levy war against the
Government or adhere to the enemies and to give them aid or comfort, proposes its
execution to some other person/s.
Note: Art. 8
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 116: MISPRISION OF TREASON

❖ Elements:

1. That the offender is a citizen of the Philippines;

2. That he has knowledge of any conspiracy against the Government;
3. That the conspiracy is one to commit treason;
4. That he conceals or does not disclose and make known the same as soon as possible to the
proper authority.
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 117: ESPIONAGE

- the offense of gathering, transmitting, or losing information respecting the national defense
with intent or reason to believe that the information to be used to the injury of the Republic of
the Philippines or to the advantage of a foreign nation.

❖ Two ways of committing:

1. By entering, without authority, a warship, fort, or military or naval establishment or

reservation to obtain any information, plan or other data of confidential nature relative to
the defense of the Philippines. (any person)
2. By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred above, which he had in his possession by reason of the public office
office he holds. (public official)
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

TREASON ESPIONAGE

Committed in time of war Committed in time of war or peace

It can only be committed by a Filipino Can be committed by a person
citizen or a resident alien regardless of his nationality or
residency
May be committed in two ways only. Committed in many ways
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• CRIME AGAINST THE LAW OF NATIONS

• ART. 118: INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

❖ ELEMENTS:

1. Offender performs unlawful or unauthorized acts;

2. Such acts provoke or give occasion for:
a. A war involving or liable to involve the Philippines;
b. Expose Filipino citizens to reprisals on their persons or property.
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 119: VIOLATION OF NEUTRALITY

❖ ELEMENTS:

1. That there is war in which the Philippines is not involved;

2. That there is regulation issued by a competent authority for the purpose
of enforcing neutrality;
3. That the offender violates such regulation.
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 120: CORRESPONDENCE WITH HOSTILE COUNTRY

CORRESPONDENCE – any communication by means of letters;

❖ ELEMENTS:

1. That it is made in time of war in which the Philippines is involved;

2. That the offender makes correspondence with the enemy or territory occupied by
the enemy troops;
3. That the correspondence is either: prohibited by the Government, carried on in
ciphers or conventional signs; or if notice or information be given thereby which
might be useful to the enemy
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 121: FLIGHT TO ENEMY’S COUNTRY

CORRESPONDENCE – any communication by means of letters; or it may refer to the letters which pass
between those who have friendly or business relations

❖ ELEMENTS:

1. That it is made in time of war in which the Philippines is involved;

2. That the offender owes allegiance to the Government;
3. That the offender attempts to flee or go to the enemy country;
4. That going to the enemy country is prohibited by the competent authority.
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 122: PIRACY AND MUTINY ON THE HIGH SEAS (beyond TCE)
PIRACY – it is robbery or forcible depredation on the high seas, without lawful authority and done with
intent to steal.

Two ways of committing piracy:

1. By attacking or seizing a vessel on the high seas or in Philippine waters;

2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its complement or passengers.

NOTE: The offender is neither a passenger nor a member of the complement. Offender may be punished in
the competent tribunal of any country where the offender may be found or into which he may be carried.
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 122: PIRACY AND MUTINY ON THE HIGH SEAS (beyond TCE)
MUTINY – it is robbery or forcible depredation on the high seas, without lawful authority and done with
intent to steal.

Two ways of committing piracy:

1. By attacking or seizing a vessel on the high seas or in Philippine waters;

2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its complement or passengers.
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 122: PIRACY AND MUTINY ON THE HIGH SEAS (beyond TCE)

PIRACY UNDER RPC MUTINY

Place of Commission: either in Philippine waters or on the high seas
The persons who attack a vessel or Committed by members of the crew or
seize its cargo are strangers to the passengers
vessels
Intent to gain is essential The offenders may only intend to
ignore the ship’s officers or they may
be prompted by a desire to commit
plunder
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 122: PIRACY AND MUTINY ON THE HIGH SEAS (beyond TCE)

PIRACY UNDER RPC PIRACY UNDER P.D 532

Punishes piracy committed either in Punishes piracy committed in

Philippine waters or on high seas Philippine waters only.
Offenders: strangers to the vessel Any person
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 122: PIRACY AND MUTINY ON THE HIGH SEAS (beyond TCE)
PIRACY UNDER RPC PIRACY UNDER P.D 532

Punishes piracy committed either in Punishes piracy committed in

Philippine waters or on high seas
Offenders: strangers to the vessel
No mention in the RPC
Vessel in generic term
Philippine waters only.
Any person
The seizure or taking must be
committed by means of violence or
intimidation against persons, or force
upon things
Vessel or watercraft used for
transport of passengers and cargo
from one place to another, it shall
include boats used in fishing
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ART. 123: QUALIFIED PIRACY

QUALIFIED BECAUSE OF THE FOLLOWING:
1. The offenders have seized the vessel by boarding or firing upon the same;
2. Pirates have abandoned their victims without means of saving themselves;
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape

NOTE: it is a special complex crime (that is why crimes mentioned above are absorbed.)
(In mutiny, 2&3 must be present to become qualified)
TITLE ONE: CRIME AGAINST NATIONAL SECURITY AND THE
LAW OF NATIONS

• ANTI-HIJACKING LAW (R.A. 6235)

- Hijacking - committed by any person who compel a change in the course or destination of an aircraft of Philippine registry, or
to seize or usurp the control thereof, while it is in flight. An aircraft is in flight from the moment all its external doors are
closed following embarkation until any of such doors is opened for disembarkation.

ACTS PUNISHED:

1. Usurping or seizing control of an aircraft of Philippine registry while it is in flight; or compelling the pilots thereof to change
its course or destination;
2. Usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, or compelling the pilots
thereof to land in any part of Philippine territory;
3. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines flammable,
corrosive, explosive or poisonous substances;
4. Loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable,
corrosive, or poisonous substance if not done in accordance with the rules and regulations of the Air Transportation Office.
TITLE ONE: CRIME AGAINST THE FUNDAMENTAL LAW OF
THE STATE

➢ They are called crimes against the fundamental laws of the State because they violate
certain provisions of the Bill of Rights under the 1987 Constitution.

➢ All offenses in this Title are required to be committed by public officers except ART. 133
(offending the religious feelings)
TITLE ONE: CRIME AGAINST THE FUNDAMENTAL LAW OF
THE STATE

• ART. 124: ARBITRARY DETENTION

Detention
– actual confinement of a person in an enclosure, or in any manner detaining
and depriving him of his liberty.
Legal grounds:
1. Commission of a crime; (warrantless arrest; arrest with warrant)
2. Violent insanity or other ailment requiring compulsory confinement of a patient in a
hospital.
TITLE ONE: CRIME AGAINST THE FUNDAMENTAL LAW OF
THE STATE

• ART. 124: ARBITRARY DETENTION

ELEMENTS:

1. Offender is a public officer vested with the authority and jurisdiction to effect arrest and
detain a person;
2. He detains a person;
3. Detention is without legal grounds
TITLE ONE: CRIME AGAINST THE FUNDAMENTAL LAW OF
THE STATE

• ART. 125: DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE

PROPER JUDICIAL AUTHORITIES
❖ ELEMENTS:

1. Offender is a public officer / employee;

2. He has detained a person for some legal ground;
3. He fails to deliver such person to the proper judicial authorities within:
TITLE ONE: CRIME AGAINST THE FUNDAMENTAL LAW OF
THE STATE

• ART. 125: DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE

PROPER JUDICIAL AUTHORITIES
3. He fails to deliver such person to the proper judicial authorities within:
a. 12 hours for crimes/ offenses punishable by light penalties or their equivalent;
b. 18 hours for crimes/ offenses punishable by correctional penalties or their equivalent;
c. 36 hours for crimes/ offenses punishable by afflictive penalties or their equivalent;