CRIMINAL LAW REVIEW

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Profugo UST 4B (2015) 2
REVISED PENAL CODE OF
THE PHILIPPINES
Book Two
CRIMES AND PENALTIES
Title One
CRIMES AGAINST NATIONAL
SECURITY AND
THE LAW OF NATIONS
Chapter One
CRIMES AGAINST NATIONAL
SECURITY
Art. 114. Treason
Elements:
1) Offender is a Filipino citizen
or a resident alien
2) There is war in which the
Philippines is involved
3) Offender either –
a) levies war against the
government, or
b) adheres to the enemies by
giving them aid or comfort.
Chapter One

CRIMES AGAINST NATIONAL SECURITY

Art. 114. Treason

Elements:

1) Offender is a Filipino citizen or a resident alien

2) There is war in which the Philippines is involved

3) Offender either –

a) levies war against the government, or

b) adheres to the enemies by giving them aid or comfort.

CRIMINAL LAW REVIEW

Acuba , Aquino, Dalumpines, Elnas, Guyo,

Profugo UST 4B (2015) 2
REVISED PENAL CODE OF
THE PHILIPPINES
Book Two
CRIMES AND PENALTIES
Title One
CRIMES AGAINST NATIONAL
SECURITY AND
THE LAW OF NATIONS
Chapter One
CRIMES AGAINST NATIONAL
SECURITY
Art. 114. Treason
Elements:
1) Offender is a Filipino citizen
or a resident alien
2) There is war in which the
Philippines is involved
3) Offender either –
a) levies war against the
government, or
b) adheres to the enemies by
giving them aid or comfort.
Art. 115. Conspiracy and proposal to commit treason

Elements of conspiracy to commit treason:

1) There is war in which the Philippines is involved

2) At least two (2) persons come to an agreement to –

a) levy war against the government, or

b) adhere to the enemies by giving them aid or comfort

3) They decide to commit it.

Elements of proposal to commit treason:

1) There is war in which the Philippines is involved

2) At least one (1) person decides to –

a) levy war against the government, or

b) adhere to the enemies by giving them aid or comfort

3) He proposes its execution to some other persons.

Art. 116. Misprision of Treason

Elements:

1) Offender owes allegiance to the Government, and is not a foreigner

2) He has knowledge of conspiracy to commit treason against the Government

3) 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

Art. 117. Espionage

Two ways of committing espionage:

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

reservation to obtain any information, plans, photographs, or other data of a confidential nature
relative to the defense of the Philippines;

Elements:

a) Offender enters any of the places mentioned therein;

b) He has no authority thereof

c) His purpose is to obtain information, plans, photographs or other data of confidential nature,

relative to the defense of the Philippines

2.) By disclosing to the representative of a foreign nation the contents of the articles, data or
information referred in par. 1 of Article 117, which he had in possession by reason of the public office he
holds.

Elements:

a) Offender is a public officer;

b) He has he has in his possession the article, data, or information referred to in par. 1, by reason
 of the public office he holds;

c) He discloses their contents to a representative of a foreign nation

Art. 118. Inciting to war or giving motives for reprisals

Elements:

1) Offender performs unlawful or unauthorized acts

2) Said acts provoke or give occasion for –

a) a war involving or liable to involve the Philippines, or

b) expose Filipino citizens to reprisal on their persons or property

Art. 119. Violation of neutrality

Elements:

1) There is a war in which the Philippines is not involved;

2) There is a regulation issued by a competent authority for the purpose of enforcing neutrality;

3) Offender violates such regulation.

Art. 120. Correspondence with hostile country

Elements:

1) It is made in time of war in which the Philippines is involved;

2) Offender makes correspondence with an enemy country or territory occupied by enemy troops;

3) The correspondence is either—

a) prohibited by the government, or

b) carried on in ciphers or conventional signs, or

c) containing notice or information which might be useful to the enemy

Art. 121. Flight to enemy’s country

Elements:

1) There is a war in which the Philippines is involved;

2) Offender owes allegiance to the Government;

3) Offender attempts to flee or go to the enemy country;

4) Going to the enemy country is prohibited by a competent authority

Art. 122. Piracy in general and mutiny on the high seas or in Philippine waters

Elements of Piracy:

1) The vessel is on the high seas or on Philippine waters;

2) Offenders are NOT members of its complement or passengers of the vessel;

3) Offenders either—

a) attack or seize that vessel, or

b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its

complement or passengers.

Piracy under PD 532 (Anti-Piracy and Anti-Robbery Law):

Punishes piracy committed in Philippine waters only.

Offenders: Any person (passenger, crew or stranger

Elements of Mutiny:

1) The vessel is on the high seas or on Philippine waters;

2) Offenders are members of the complement or passengers of the vessel;

3) Offenders raise a commotion or disturbance on board the ship against the lawful command of

the captain or the commander of the ship.

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Art. 123. Qualified Piracy
Qualifying circumstances:
1) Whenever the offenders have
seized a vessel by boarding or
firing upon the same;
2) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
3) Whenever the crime is
accompanied by murder,
homicide,
physical injuries, or rape.
Qualified Mutiny
1) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
2) Whenever the crime is
accompanied by murder,
homicide,
physical injuries, or rape.
Anti-Hijacking Law (An Act
Prohibiting Certain Acts inimical
to
Civil Aviation RA 6235)
Punishable acts:
1) To 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.
2) To compel an aircraft of
foreign registry to land in
Philippine
territory or to seize or usurp the
control thereof while it is in
Philippine territory.
Aggravating circumstances to nos.
1 and 2:
a) By firing upon the pilot,
member of the crew, or
passenger of the aircraft;
b) By exploding or attempting
to explode any bomb or
explosive to destroy the aircraft; or
c) Whenever the crime is
accompanied by murder,
homicide, serious physical injuries
or rape
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Art. 123. Qualified Piracy
Qualifying circumstances:
1) Whenever the offenders have
seized a vessel by boarding or
firing upon the same;
2) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
3) Whenever the crime is
accompanied by murder,
homicide,
physical injuries, or rape.
Qualified Mutiny
1) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
2) Whenever the crime is
accompanied by murder,
homicide,
physical injuries, or rape.
Anti-Hijacking Law (An Act
Prohibiting Certain Acts inimical
to
Civil Aviation RA 6235)
Punishable acts:
1) To 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.
2) To compel an aircraft of
foreign registry to land in
Philippine
territory or to seize or usurp the
control thereof while it is in
Philippine territory.
Aggravating circumstances to nos.
1 and 2:
a) By firing upon the pilot,
member of the crew, or
passenger of the aircraft;
b) By exploding or attempting
to explode any bomb or
explosive to destroy the aircraft; or
c) Whenever the crime is
accompanied by murder,
homicide, serious physical injuries
or rape
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Art. 123. Qualified Piracy
Qualifying circumstances:
1) Whenever the offenders have
seized a vessel by boarding or
firing upon the same;
2) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
3) Whenever the crime is
accompanied by murder,
homicide,
physical injuries, or rape.
Qualified Mutiny
1) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
2) Whenever the crime is
accompanied by murder,
homicide,
physical injuries, or rape.
Anti-Hijacking Law (An Act
Prohibiting Certain Acts inimical
to
Civil Aviation RA 6235)
Punishable acts:
1) To 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.
2) To compel an aircraft of
foreign registry to land in
Philippine
territory or to seize or usurp the
control thereof while it is in
Philippine territory.
Aggravating circumstances to nos.
1 and 2:
a) By firing upon the pilot,
member of the crew, or
passenger of the aircraft;
b) By exploding or attempting
to explode any bomb or
explosive to destroy the aircraft; or
c) Whenever the crime is
accompanied by murder,
homicide, serious physical injuries
or
Art. 123. Qualified Piracy

Qualifying circumstances:
1) Whenever the offenders have seized a vessel by boarding or firing upon the same;
2) Whenever the pirates have abandoned their victims without means of saving themselves; or
3) Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

Qualified Mutiny
1) Whenever the pirates have abandoned their victims without means of saving themselves; or
2) Whenever the crime is accompanied by murder, homicide, physical injuries, or rape.

Anti-Hijacking Law (An Act Prohibiting Certain Acts inimical to

Civil Aviation RA 6235)

Punishable acts:
1) To 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.

2) To compel an aircraft of foreign registry to land in Philippine

territory or to seize or usurp the control thereof while it is in
Philippine territory.

Aggravating circumstances to nos. 1 and 2:

a) By firing upon the pilot, member of the crew, or passenger of the aircraft;
b) By exploding or attempting to explode any bomb or explosive to destroy the aircraft; or
c) Whenever the crime is accompanied by murder,
homicide, serious physical injuries or rape

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Art. 123. Qualified Piracy
Qualifying circumstances:
1) Whenever the offenders have
seized a vessel by boarding or
firing upon the same;
2) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
3) Whenever the crime is
accompanied by murder,
homicide,
physical injuries, or rape.
Qualified Mutiny
1) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
2) Whenever the crime is
accompanied by murder,
homicide,
physical injuries, or rape.
Anti-Hijacking Law (An Act
Prohibiting Certain Acts inimical
to
Civil Aviation RA 6235)
Punishable acts:
1) To 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.
2) To compel an aircraft of
foreign registry to land in
Philippine
territory or to seize or usurp the
control thereof while it is in
Philippine territory.
Aggravating circumstances to nos.
1 and 2:
a) By firing upon the pilot,
member of the crew, or
passenger of the aircraft;
b) By exploding or attempting
to explode any bomb or
explosive to destroy the aircraft; or
c) Whenever the crime is
accompanied by murder,
homicide, serious physical injuries
or rape
CRIMINAL LAW REVIEW

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Art. 123. Qualified Piracy
Qualifying circumstances:
1) Whenever the offenders have
seized a vessel by boarding or
firing upon the same;
2) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
3) Whenever the crime is
accompanied by murder,
homicide,
physical injuries, or rape.
Qualified Mutiny
1) Whenever the pirates have
abandoned their victims without
means of saving themselves; or
2) Whenever the crime is
accompanied by murder,
homicide,
physical injuries, or rape.
Anti-Hijacking Law (An Act
Prohibiting Certain Acts inimical
to
Civil Aviation RA 6235)
Punishable acts:
1) To 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.
2) To compel an aircraft of
foreign registry to land in
Philippine
territory or to seize or usurp the
control thereof while it is in
Philippine territory.
Aggravating circumstances to nos.
1 and 2:
a) By firing upon the pilot,
member of the crew, or
passenger of the aircraft;
b) By exploding or attempting
to explode any bomb or
explosive to destroy the aircraft; or
c) Whenever the crime is
accompanied by murder,
homicide, serious physical injuries
or rap
3) To ship, load, or carry on board a passenger aircraft operating as a public utility within the
Philippines, any explosive, flammable, corrosive or poisonous substance or material.

4) To ship, load, or carry on board a cargo aircraft operating as a public utility within the Philippines,
any explosive, flammable, corrosive or poisonous substance or material, in a manner not in accordance
with the rules and regulations of the Air Transportation Office.

Human Security Act of 2007 (RA 9372)

Punishable acts under RPC:

1) Piracy in General and Mutiny in the High Seas or in the Philippine Waters (Art. 122)

2) Rebellion or Insurrection (Art. 134)

3) Coup d’etat, (Art. 134-a), including acts committed by private persons

4) Murder (Art. 248)

5) Kidnapping and Serious Illegal Detention (Art. 267)

6) Crimes involving Destruction (Art. 324)

Punishable acts under Special Penal Laws:

1) The Law on Arson (PD 1613)

2) Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990 (RA 6969)

3) Atomic Energy Regulatory and Liability Act of 1968 (RA 5207)

4) Anti‐Hijacking Law (RA 6235)

5) Anti‐Piracy and Anti‐Highway Robbery Law of 1974 (P.D. 532)

6) Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing
In,Acquisition or Disposition of Firearms, Ammunitions or Explosives (PD 1866, as amended)