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CRIMINAL LAW II
Criminal Law ME~O~YAID
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country (Laurel v. Misa, G.R. No. L-409, Jan1,1ary30, TWO WAYS OF COMMITTING treats of circumstances of war (BOADO, supra
TITLE ONE: 1947).
TREASON: at 401). It does not embrace rebels in
insurrection against their own country, because
CRIMES AGAINST ELEMENTS OF TREASON: (AWO-LA) A. Levying war they are still citizens and not enemies (REYES,
NATIONAL SECURI1Y 1. The offender (a Filipino citizen or an alien
REQUISITES:
Book Two, supra at 12).
residing in the Philippines) owes Allegiance to
AND THE LAW OF the Government of the Philippines;
1. There is an actual assembly of men; and Adherence may be proved:
2. For the purpose of executing a treasonable 1. By one witness;
NATIONS design by force (REYES, Book Two, supra
Place of Commission
at 4). NOTE: Adherence to the enemy, in the
Filipino Citizen: Anywhere (RPG, Art. 2) since
he owes permanent allegiance to his sense of a disloyal state of mind, cannot and
NOTE: The actual assembly of men must be for need not be proved by deposition of two
government or sovereign.
the purpose of delivering the. country to an witnesses, because what is designed in the
CHAPTER ONE: external enemy and not merely to an internal mind of an accused is never susceptible of
Alien: Only in the Philippines (E.O. No. 44,
CRIMES AGAINST 1945), except in case of conspiracy.
rebellious force or uprising where they may be proof by direct testimony.
liable for rebellion or sedition (AMURAO, Book
NATIONAL SECURITY Two, Part One, supra at 5).
An alien owes permanent allegiance to his own 2. From the nature of the act itself; or
(ARTS. 114-123) country, at the same time, a temporary 3. From the circumstances surrounding the act
allegiance to the country where he resides The levying of war must be: (REYES, Book Two, supra at 16-17).
(Laurel v. Misa, G.R. No. L-409, January 30, 1. With intent to overthrow the
1947), government Giving Aid or Comfort
Not merely to resist a particular statute It means an act which strengthens or tends to
SECTION ONE:
TREASON AND ESPIONAGE · '2. <'fher.e is a ..War in which the Philippines is or to repet a particular officer. It is -not strengthen the enemy in the conduct of war
invol)le<;f;
'pnd necessary that those attempting to against the traitor's country or any act whTch
overthrow the government by force of arms . weakens. or tends to weaken the power of the
NO"fE: T,re,son is a war crime. It remains should have the apparent power to succeed ;:it1';~\9{',· ·· ntry to resist or to attack the enemy
ARTICLE 114 dormant until.the emergency arises. But as soon in their design, in whole or in part; and (Cram U.S., supra).
as war starts, it is put into effect (Lavrel v. Misa,
TREASON G.R. No. L-409, Janvary 30; 1947). 2. In collaboration with a foreign enemy NOTE:. ,ft is J)ot essential that the effort to aid be
If the levying of war .is merel.y a civil · succejsfLtl, Pfovided overt acts are done which
TREASON It i,s npt necessary that there be a formal uprising, without any intention of helping an. if suctesiful would advance the interest of the
It is a breach of allegiance to' a government, declaration pf the existence of a state of war. external enemy, the crime is n@Ureason. enemy (Peopl(i_v. Alarcon, G.R. No. L-407, July
committed by a person who owe~r,allegian~e to it Actual.hostiliti'es·rnay determine the date of the The offenders may be held liable _for 2a;t11?1:tJ~:aHvx;:'
· -'-''°/·{'~::-:-:-;
=,\'.f•Y
·
(U.S. v. Abad, G.R. No. 976, October 22, 1902). commencement ,of war (Justice Johnson, rebellion under Art.· 135 in, relati.on..,to Art
dissenting; u.s. 11.Lagnason, G.R. No. 1582, 134 of the RPC (REYES, Ba('JkTwo;supra Extent of Aid or Comfort
Allegiance . . . March, 28, 1904/. at 5-6). >?,Jt:iGiving information to the enemy constitutes not
The obligation of fidelity and obeqience which th.e · ' · ;t?>E'.}:·•r.adherence to the enemy but also giving aid
individual owes to the government under which hi 3. The Of'fendet either: B. A'Clherence to· the enemies: of the 'Ji''''§tfd't~omfort (People V. Paar, G.R. No. L-2318,
lives or to his sovereign, in return for"the pr<;Hection a. J:evJes
war against th~ government; or
Philippines, giving them aid or~<;>f"f(>,rt March 31, 1950). Likewise, commandeering
he receives (Laurel v. Misa, G.R. No. L-4tY9,.January tt: Adheres to the enemies, giving them aid or foodstuffs for, the enemy is evidence of both
30, 1947). comfort (REYES, The Revised Penal Code, adherence and aid or comfort · (People v.
REQUISITES:
Book Two, (2021), p. 2). Alitagtag, G.R. No. L-924, August 30, 1947).
1. . Adherence to the Enemies; and
An alien residing in the Philippines may be 2. Giving Aid or Comfort to them (Id.).
prosecuted for acts of treason due to the temporary The extent of aid and comfort given to the
allegiance he owes to the Philippine government Adherence to Enemy enemies must be to render assistance to them
which will continue for as long as he resides in the There is intent to betray. The accused as enemies and not merely as individuals and,
intellectually or emotionally favors the enemy in addition, be directly in furtherance of the
and harbors sympathies or convictions disloyal enemies' hostile designs (People v. Perez, G.R.
E,CEGUTl\lECOMMITTEE
DOHN ALFRED E. AQUILIZAN, Over-All Chairperson I NICHOLE VANE B. SANTOS, Chairperson for Academics I RONALYN A. to his country's policy ·or interest (Cramer v. No. L-856, April 18, 1949).
GACULA, Ad Hoc Director for Bar Matters I MARIELLE CIELO B. BELGIRA, Vice Chairperson for Finance IJUAN INIGO S. MIGUEL, U.S., 65 Sup. Ct. 918, April 23, 1945).
Vice Chairperson for Operations·! ALISSA MARIE D.C. DELOS SANTOS, Vice Chairperson for Audit I CORINA R. TAMPUS, Vice It must be a deed or physical activity and not
Chairperson for Secretariat I ARVY KEITH N. CHUNG, Vice Chairperson for Logistics I ANTONIO JUN-JUN C. MANALIGOD IV, Vice merely a mental operation. The expression
Chairperson for Membership IJORDAN N. CHAVEZ, Vice Chairperson for Electronic Data Processing Adherence-alone, without givinQ aid or comfort
to the enemy, is not sufficient to constitute includes such acts as ~urnishing the enemy with
SUSJECliCOMMITTEE treason. Conversely, aid or comfort alone, arms, troops, supplies, information, or means of
YVEZZA KAMELE M. GUMAPAC, Subject Chair I KIRSTIE MARIE B. SALDO, Assistant Subject Chair I ISABELLE GLORIA I. . transportation (REYES, Book Two, supra at 8).
VILLENA, Subject Electronic Data Processing I SUBJECT HEADS: JUDEA ARA T. BAGTANG and CLARICE J. ANDAYA, Criminal Law without adherence, is not treason (REYES,
JIGERALDINE MARIE FRANCES B. VELASCO and ANGELA MICHAELLA S. YUMUL, Criminal Law II I KATE BERNADETTE T. Book Two, supra at 6). ·
MADAYAG, Special Penal Laws I · · . NOTE: There is no treason through negligence.
3iJ:!JGi!l4!1:!4:t# NOTE: The term "enemy" should refer to a The overt act of giving aid or comfort to the
JERK ENRIC C. ALCAIDE, JERENEL MAE 0. RENDON, CHANTAL MARIES. SANGGALANG, ANDREA MAE T. BANADERO, foreign country (U.S. v. Lagnason, G.R. No. enemy must be intentional (REYES, Book Two,
JEROME L. LEANO, MA. ANGELIKA C. ALVARADO, ROMAVAIL ANGELIE F'. ORCULLO, DANA JEUZEL MARCOS, supra at 12).
ROCHELLE S. ENRILE and JOSE LORENZO B. VILLA VERT 1582, March 28, 1904) because this Article
1-XO:V:ISERS
Justice BERNELITO R. FERNANDEZ, Judge GINA M. BIBAT-P ALAMOS, Atty. LYAN DAVID M. JUANICO, and
Atty. RYANS. MERCADER .
•
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CRIMINAL LAW II
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ME~Q:RYAID
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2. Obedience to a de facto government (REYES, CIRCUMSTANCES AGGRAVATING IN

Acts considered as treason: 2. Confession of guilt by the accused in Book Two, supra at 20). · TREASON (ICAG):
1. Serving as informer and active member of the open court.
Japanese Military Police (People v. Fernando, The confession in open court, upon which a 1. !gnominy;
NOTE: Mere acceptance of public office and
G.R. No. L-1138, December 17, 1947). defendant may be convicted of treason is a 2. Qruelty;
discharge of official duties under the enemy do
2. Ac,ting as "finger woman" when a barrio was confession of guilt. The section. cannot be 3. Amount or degree of aid; and
not constitute per se the felony of treason
"zonified" by the accused as guerillas (People v. extended so as to include admissions of fact, 4. Gravity of separate distinct acts of treason
(REYES, Book Two, supra at 10 citing People v.
Nunez, G.R. No. L-2321, January 31, 1950). from which his guilt may be inferred, made by (REYES, Book Two, supra at 18-19).
Alunan, P.C., 43 O.G. 1288, February 27, 1947).
the defendant in giving his testimony after a plea But when the position is policy-determining, the
Acts not considered as treason: of not guilty (U.S. v. Magtibay, G.R. No. 1317, TREASON AND SEDITION,
acceptance of public office and the discharge of
1. Commandeering of women to satisfy the lust of November 23, 1903). DISTINGUISHED
official duties constitute treason (Co Kim Cham
the enemy (People v. Perez, G.R. No. L-856,
v. Valdez Tan Keh, G.R. No. L-5, September 17, TREASON SEE>llilON
April 18, 1949). Extrajudicial confession made before the 1945). (Art. 114) (Art. 139)
2. Marriage of the accused to a Japanese woman investigators is not sufficient (REYES, Book
and employment as an interpreter (People v. Two, supra at 18).
Bascon, G.R. No. L-1548, March 29, 1949). INVALID DEFENSES AGAINST CHARGE As to Classification
FOR TREASON:
TREASON 15 A CONTINUOUS OFFENSE Crime against Crime against the
WAYS OF PROVING TREASON 1. Suspended allegiance national security and fundamental law of the
Treason may be committed by one single act, by a
(OVERT ACT): A Filipino citizen owes absolute and the law of nations. state.
series of acts, or by several series thereof, not only
permanent allegiance to the Philippine
·1. Testimony of at least two witnesses J0, · in a single time, but_in different times, it being a
Government. Such allegiance is not abrogated As to Nature
the same overt act (Two-Witne~· Rule); continuous crime (People v. Victoria, G.R. No. L-
or severed by the enemy occupation, because
or 369, March 13, 1947).
the sovereignty of the ·government or is a war Sedition refers to an
sovereign de jure is not transferred thereby to internal conflict.
REASON: The special nature'.of the crim-~ of TRE4SON/:CANNOT BE COMPLEXED the occupier. Thus, there is no such thing as
treason requires that the aocused1be'affordeda ·w1T~ OTHER CRIMES suspended allegiance (Laurel v. Misa, G.R. No; As to Manner of Commission
special protection not requtre<;F
iri gther .casesso ·Treason absorbs -crimes committed in furtherance L-109, January 30, 1947).
as to avoid a miscarriage of JllStice :(REYES, thereof lfeople v. Prieto, G.R. No. L-399, January Limited to tw~.ways: Causing public and
Book Two, supra at 17 _citingthe Concurring 29, 1948). 2. Change in sovereignty 1. Levying \!V~r;and tumultuous disturbances
opinion of Justice Perfecto· in El Pueblo de The sovereignty of the GovernmentS'.ul:>slsts 2. Adhering ~ the in one's country.
i
Filipinas v. Marcaida, G.R. No. L-953, REASON: When the deed is charged as an element and is not transferred to the_enemy by mere eneruy, j giving
September 18, 1947). Testimbtiies must refer'to of treason, it bedorne$ i~entified with the latter crime occupation under the rules of International Law them :hid ':. or
the same act, place and;momeQtof time yPeop/e and canno1be the subject of a separate punishment, (Laurel v. Misa, G.R. No. 'L-409, January 30, 99;~ffi~....
v. Flores, G.R. No. L-1731, Jarl1.fary3t; 1950). or used:ih coml>inatforl'with treason to increase the 1947). .
penalfywhichfrt. 48(?fthe RPC provides (People v. •I
If the overt act is separabte, two witnesses must_ Hernandez, ~..R-Nos: L-6025-26, July 18, 1956). 3. Loss of citizenship by joining the army
also testify to each part of the overtt~ct (People.
e o To prevent
of the enemy (People v. Manayao,. ;(3.R.No. is to aid promulgation or
v. Escleto, G.R. No. L-1006,i./une 28,'1.Q49). Common'crimes s~ch as.murder, physical injuries, L-322, July 28, 1947). , .· .
•;,!'>.,. •c
execution of any law
JidnapAing,', ill~gal detention, or robbery may be or the holding of any
It is sufficient that the witnesses are LITliform
in , coosic:le~.d,~parately from the crime of treason
their testimony on the overt acf'. , lt is ·.not
CIRCUMSTANCES INHERENl' IN popular election;
-wher"l'the:yare committed for a private or personal 2. To prevent the
necessary that there be corroboration b~tween .purpose or motive and not for the purpose of "giving TREASON: (EAT)
National Government,
them on the point they testified (People v. aid or comfort to the enemy" as an element of 1. 5vident premeditation;
or local government,
Concepcion, G.R. No. L-1553, October 25, treason (AMURAO, Book Two, Part One, supra at 2. Abuse of superior strength; and
or any public officer
1949). 22). 3. Ireachery (People v. Racaza, G.R. No. L-365,
ther-eof from frs)ely
January 21, 1949).
exercising its or his
The two-witness rule is not satisfied if the court VALID DEFENSES AGAINST CHARGE functions, or prevent
believes in only one witness (People v. Adriano, NOTE: As these circumstances are, by their
FOR TREASON: nature, inherent in the offense of treason, they
the execution of any
G.R. No. L- 477, June 30, 1947).
1. Duress and fear of immediate death (El Pueblo administrative order;
may not be taken to aggravate the penalty.
de Filipinas v. Bagalawis, G.R. No. L-262, March 3. To inflict any act of
The fact that the witnesses were not uniform on Adherence and the giving of aid and comfort to
29, 1947); and hate or revenge upon
the points whether or not there were Japanese the enemy is a long, continued process
the person or property
soldiers in the raiding party, or whether or not requiring, for the successful consummation of
NOTE: In the eyes of law, nothing will excuse of any public officer or
the persons arrested and confined included not the traitor's purpose, fixed, reflective and
that act of joining an enemy but the fear of employee;
only the males but some women and children, is persistent determination and planning (People
immediate death and not the fear of any inferior 4. To commit, for any
not sufficient to entirely discredit their testimony, V. Roble, G.R. No. L-433, Maren 2, 1949).
personal injury nor the apprehension of any political or social end,
as the deficiency refers merely to minor details
ou!rage upon property (El Pueblo de Filipinas v. any act of hate or
(People v. Lansanas, G.R. No. L-1622,
Bagalawis, supra). revenge against
December 2, 1948).
private persons or any
. social class; and

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CRIMINAL LAW II
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AID
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ARTICLE 116 separate and distinct offense from the crime of reason of the public office he holds (RPG, Art.
TREASON SEDITION
treason (REYES, Book Two, supra at 23). 117 (2)).
(Art. :f/Jf4) (Art. 139) MISPRISION OF TREASON
5. To despoil, for any ARTICLE 117 ELEMENTS: (OPD)
MISPRISION OF TREASON 1. That the Offender is a public officer;
political or social end, ESPIONAGE
any person, local Misprision of treason is the failure of a citizen to 2. That he has in his fossesslon the articles,
government or the report as soon as possible a conspiracy, which data or information referred to in Par. 1 of
comes to his knowledge, against the government. ESPIONAGE Art. 117, by reason of the public office he
National Government
or · the U.S. But there must be a war in which the Philippines is The offense of gathering, transmitting, or losing holds; and ·
Government, of all its involved (BOADO, supra at 402). information respecting the national defense with 3. That he Qiscloses their contents to a
property or ay part intent or reason to believe that the information is to representative of a foreign nation (REYES,
thereof. ELEMENTS: (C 3) be used to the injury of the Republic of the Book Two, supra at 25).
Philippines or to ·the advantage of a foreign nation
(AMURAO, Book Two, Part One, supra at 191- 1. The offender is a £itizen of the Philippines, and
(Id. at 24). ESPIONAGE AND TREASON,
192). not a foreigner;
DISTINGUISHED
NOTE: The phrase "person who owes TWO WAY~ OF COMMITTING
ARTICLE 115 allegiance to the Philippines, without being a ESPIONAGE: (ED) ESPl0NAGE TREAS0N
CONSPIRACY AND PROPOSAL (:Art.1/Vl)· (Art. 114)
foreigner" in Article 116 of the RPC pertains to a 1. By 5.ntering, without authority, a warship, fort, or
TO COMMIT TREASON Filipino citizen. Hence, an alien, resident or non- military or naval estabUshment or reservation to As to Gondition of eitizenship
cCesident,cannot commit misprision of treason obtain any information, plans, photographs, or
CONSPIRACY TO COMMIT TREASON (CAMRANILLA, Criminal Law Reviewer, Volume other data of confidential nature relative to the Both are crimes not conditioned by the citizenship
I{, (~20), p. 8 [hereinafter II CAMPANILLA, defense of the Philippines (RPG, Art. 117 (1)). of the offender.
It is committed when in time of war, two ··of more· Rev;ewer]J ·
persons come to an agreement to levy war against
ELEMENTS: (PAP)
the Government or adhere to tile erier;nies'c1no··glve 2. He has ~nowledge of any £onspiracy to commit
to
them aid or comfort, and decide commit'it (RPC; treason ag!)inst th_eGovernment; and
1. That the offender enters any of the flaces
mentioned therein: ,\i''.be.
~itted both Is committed only in
Arts. 8 and 114). · · · · ·· · · and in time of war
3. He £onceals or does not disclose and make a. Warship,
known the same as soon as possible to the b. Fort, or
PROPOSAL TO COMMIT TREASON proper authprity '(REYES, Book Two, supra at c. Military or naval establishment or
It is committed when in time of war, a person who 22-23). reservation;
has decided to levy war againsfthe Government or · •2. That he has no Authority therefor; and
to adhere to the enemies and to give tt,em.aid or in Limited to two ways:
NOT!;: Misprision of J(eason does not apply when 3. That his furpose is to obtain .information, 1. Levying war; and
comfort, proposes -its ex09utton '~O S¢n'l8. •·other treal,on is already committed by someone and the plans, photographs or other data of a 2. Adhering to the
person or persons (RPG, Art$, 8 and)14) . . '. ; .· accused does not report its comfl]ission (REYES, confidential nature relative to the defense of enemy, giving
Bqok Two, ~upra at 23). , the Philippines (REYES, Book Two, supra at them aid or
REASON FOR CRIMINALIZING BOTH; The very 25). comfort
existence of the state is endangered (REYES, Book· · ART. >116 IS AN EXCEPTION TO THE
Two, supra at 21). RtJL.ETHAl'MERE SILENCE DOES NOT Person liable is any person, whether a citizen or (REYE.$,
Book Two, supra at 30).
. MAKE A"PERSON CRIMINALLY LIABLE a foreigner, a private individual or a public officer
CONSP1RACY AND PROPOSAL TO (Id. at 26). COMMONWEAL TH ACT NO. 616
. Failure to report violations of the law is not a crime,
COMMIT A FELONY except in certain cases such as Art. 116 and
(THE ESPIONAGE ACT)
GENERAL RULE: Conspiracy and proposal to To be liable under Par. 1, the offender must have AN ACT TO PUNISH ESPIONAGE AND
concealing "evil practices" in the course of sedition the intention to obtain information relative of the
commit a felony is not punishable (RPG, Art. 8). (People v. Saavedra, G.R. No. L-48738, May 18, OTHER OFFENSES AGAINST
defense of the Philippines, otherwise, he is not
1987). NATIONAL SECURITY
EXCEPTION: Art. 115 as it specifically penalizes liable under this paragraph even if he ta~es
possession of plans or photographs thereof Approved: June 4, 1941
conspiracy and proposal to commit treason. OFFENDER · IN MISPRISION OF (REYES, Book Two, supra at 25).
TREASON IS A PRINCIPAL IN SUCH PUNISHABLE ACTS:
TWO-WITNESS RULE DOES NOT APPLY NOTE: In this mode, it is not necessary that the
CRIME, BUT THE PENAL TY IMPOSED IS 1. Unlawfully obtaining or permitting to be
The two-witness rule does not apply because this is offender should have obtained any information,
a separate and distinct offense from that of treason THAT OF AN ACCESSORY obtained information affecting national
plans, etc. It is sufficient that he has the purpose
(U.S. v. Bautista, G.R. No. 2189, November 3,. The phrase "shall be punished as an accessory to to obtain any of them when he entered a defense (Sec. 1);
1906). the crime of treason," mentioned in the provision, warship, fort, naval, or military establishment ·
does not mean that the offender is, legally speaking, Ways of Violating Sec. 1:
(Id.).
If the crime of treason was committed as a result of an accessory to the crime of treason because he is a. By going upon, entering, flying over or
conspiracy or proposal therefor, the latter acts are already a principal· in the crime of misprision of 2. By Qisclosing to the representative of a foreign otherwise by obtaining information
absorbed therein since the accused becomes a treason. It simply means that the penalty imposed is nation the contents of the articles, data or concerning any vessel, aircraft, work of
conspirator or principal by inducement whose acts that for an accessory to the crime of treason. But the defense or ·other ptace connected with the
information referred to in the preceding
are integrated into the crime of treason itself offender in Art. 116 is a principal in the crime of national defense or any other place where
paragraph, which he had in his possession by
(REGALADO, supra at 370). misprision of treason. Misprision of treason is a any vessels, -aircrafts, arms, munitions or

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CRIMINAL LAW II .
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other materials for use in time of war are
being made, or stored, for the purpose of
obtaining information respecting national
defense, with intent to use it to the injury of
the Philippine.s or to the advantage of any
foreign nation;
b. By copying, taking, making or attempting or
inducing or aiding another to copy, take,
make or obtain any sketch, photograph,
photographic negative, blueprint, plan, map
. instrument, appliance, document, writing or
note of anything connected with the national
defense, for the same purpose and with like
intent as in Par. a;
c. By receiving or obtaining· or agreeing or
attempting or inducing or aiding another to
receive or obtain from any sources any of
those data mentioned in Par. B, code book
or signal book, knowing that it will be
obtained or disposed of by any person ·
contrary to the provisions of this act; ··
d. By communicating or tr~osmi~ing; . or
attempting to communicatf} or, trat,smjt to
any person not entitlecj.rtQ recaiye 'it, by .,.
willfully retaining and f~Tiingto ~liverit'oi,
demand to any office~ orJmRlciyee entitled
to receive it, the offender being in
possession of, having acaess to, <;ontrol
over, or being entru$tedwith any ofthe data
mentioned in Par. Ef, or code book::or signal
book;and
e. By permitting, through gro~s neglige,nce, to
be removed from its:properplace orc),Jstody
or delivered to anyone in 'violation of .his
trust, or to be lost, stolen,· ebstracted .oc
destroyed any of the data menttoned ln Par,
B, code book or signal book, the.9ffeod$(
being entrusted with 6T haying ''lawf"Ul
possession or control of the ~rrle (RE¥ES,
Book Two, supra at 26-27). ·
2. Unlawfully disclosing information
affecting national defense (Sec. 2);
Ways of Violating Sec. 2:
a. By communicating, de.livering or
transmitting or attempting or aiding or
inducing another to do it, to any foreign
government or any faction or party or
military or naval force within a foreign
country, whether recognized or
unrecognized by the Philippines, or to any
representative, officer, employee, subject or
citizen thereof, any of the data mentioned in
Par. B of Sec. 1 hereof, code book or signal
book;and
b. In time of war, by collecting, recording,
publishing or communicating or attempting
to elicit any. information with respect to the
movement, number, description, condition,
or disposition of any of the armed forces,
ships, aircraft, or war materials of the
Philippines, or with respect to the. plans or
conduct· of any military, naval · or air
operations or with respect to any works or
measures undertaken for the fortification or
defense .of any place, or any other
information relating to the public defense,
which might be useful to the· enemy
(REYES, Book Two, supra at 27-28).
3. Disloyal acts or words in time of peace
(Sec. 3);
Ways of Violating Sec. 3:
a. By advising, counseling, urging or in any
other manner by causing insubordination,
disloyalty, mutiny or refusal of duty of any
member of the military, naval or air forces of
the Philippines; or
b. By distributing any written or printed matter
which, advises, counsels, or urges such
ihsubordination, disloyalty, mutiny, 'or
, refusal of duty (REYES, Book Two, supra at
2ar
4. Disloyal act$ or words in lime of war
- (Set;. 4); .
waysof Viqlc1tin~Sec. 4:
a. , ~y wrnfplly making or conveying false
· repprts fOLfatse statements with intent to
interfere with the operations or success of
,.the Armed Forces of the Philippines;
b:. · To ptomote 1the success of its enemies, by
wiHfully causing or attempting to cause
•.'lns1,1bordirtation,disloyalty, mutiny or refusal
<,of ' dqi1 in the Armed Forces of the
; Philip'pines; or
c .. By willfully obstructing the recruiting or
enlistment service {Id.).
5. Conspiracy to commit the preceding
acts (Sec. 5);
REQUISITES:
a. Two or more persons conspire to violate the
provisions of Secs. 1, 2, 3, or 4 of this Act;
and
b. One or more of such persons do any act to
effect the object of the conspiracy (REYES,
Book Two, supra at 29).
6. Harboring or concealing violators of the Act
(Sec. 6);
REQUISITES:
a. The offender knows that a person has
committed or is about to commit an offense
under this Act; and
b. The offender ha.rbors or conceals such
person (Id.).
7. Photographing defensive installations
(Sec. 8);
Making any photograph, sketch, picture,
drawing, map or graphical representation of vital
military, naval and air installations or equipment
as defined by the Philippine President as
requiring protection against the general
dissemination ·of information relative thereto
unless he obtains the permission of the
commanding officer or higher authority of post,
camp or station concerned and promptly
submits the product obtained to the same
commanding officer or higher authority.
8. Using, permitting, or procuring the use
of an aircraft for the same purpose of
violating No.7 (Sec. 9); . Moreover, penalty is higher when the offender is a
9. Reproducing, publishing, selling, or
giving away of uncensored copies .of
those mentioned under No.7 without the ·
permission of the commanding officer or
higher authority (Sec. 10);
10. Destroying or injuring or attempting to
injure or destroy war material (when the
country is at war) or national defense
material, premises or utilities (even if the
country is not at war) (Secs .. 11 & 13);
and .·. ··
11. Making or cau_sing to be made in
defective manner, ·or attempting tomake
or causing to be made in a_def~~tive
manner, war material (when th• oountry
is at war) or national defenst,·.mat~rial'
(even if the country is not at war} (Secs.
12 & 14). .
SECTION 1WO:
PROVOKING WARAND
DISLOYAL1Y IN CASE OF WAR
ARTICLE 118
INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
REPRISAL
It is an act of self-help on the part of the injured state,
responding after an unsatisfied demand to an act
contrary to international ··law on the part of the
offending state (Naulilaa Incident Arbitration,
Portuguese-German Arbitral Tribunal, 1928).
ELEMENTS: (UPE)
1. The offender performs !J_nlawfulor unauthorized
acts; and
2. Such acts:
a. frovoke or give occasion for a war involving
or liable to involve the Philippines; or
b. _sxposeFilipino citizens to reprisals on their
persons and property (REYES, Book Two,
supra at 31).
INTENTION OF THE ACCUSED IS
IMMATERIAL
Such acts might disturb the friendly relation that we
have with a foreign country; hence, they are
penalized even if they constitute a mere imprudence
(Id.).
NOTE: This is committed in time of peace.
public officer or employee (Id.).
·ARTICLE 119
1
VIOLATION OF NEUTRALITY
.: .; ..
N~U~ti
A nation or g<>yrer
which takes no part in a contest of
on
arms going, oetween others (REYES, Book Two,
supra at 32). '
a. ifi, which the Philippines is not
regulation Issued by a competent
r the purpose of enforcing neutrality;
3. The Offender violates such regulation (Id.).
NOTE: There must be a regulation issued by
competent authority (President or the Chief of
Staff of the AFP) for the enforcement of
neutrality. It is the violation of such regulation
which constitutes the crirne (Id.).
ARTICLE 120
CORRESPONDENCE WITH
HOSTILE COUNTRY
CORRESPONDENCE
Communication by means of letters; or it may refer
to the letters which pass between those who have
friendly or business relations (REYES, Book Two,
supra at 33).

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·cRIMINAL.LAWll
CriminalLaw MEM✓O~YAID
San Seda University College of Law - RGCTBar Operations Center

ELEMENTS: (TM-PCC) irrespective of its depth, breadth, length or PRESIDENTIAL DECREE NO. 532
1. It is rryadein Iime of war in which the Philippines
SECTION THREE: dimension, and all other waters belonging to the ANTI-PIRACY AND ANTI-HIGHWAY
PIRACY AND MUTINY ON THE Philippines by historic or legal title, including
is involved; ROBBERY LAW OF 1974
HIGH SEAS territorial sea, the sea-bed, the insular shelves, and
2. The offender Makes correspondence with the:
other submarine areas over which the Philippines
a. Enemy country; or (Refer to SPL part for a detailed discussion. See
has sovereignty or jurisdiction (Sec. 2, P.O. No. 532
b. Territory occupied by the enemy troo"ps;and page 490)
also known as the Anti-Piracy and Anti-Highway
3. The correspondence is either:
ARTICLE 122 Robbery Law of 1974).
a. frohibited by the Government; / Approved on: August 8, 1974
b. ~arried on in ciphers or conventional signs; PIRACY IN GENERAL AND MUTINY
or PIRACY IS TRIABLE ANYWHERE
ON THE HIGH SEAS OR IN PHILIPPINE Vessel·
c. ~ontains notice or information which might Piracy is a crime not against any par:ticularstate but Any vessel or watercraft used for transport of
WATERS against all mankind. It may be punished in the
be useful to the enemy (Id.). passengers and cargo from one place to another
competent tribunal of any country where the offender through Philippine Waters. It shall include all kinds
Even if the correspondence contains innocent PIRACY may be found or into which he may be carried and types of vessels or boats used in fishing (P.O.
matters, if the correspondence has been prohibited It is robbery or forcible depredation on the high seas, (People v. Loi-lo, G.R. No. 17958, February 27, No. 532, Sec. 2).
by the government, it is punishable 'because of the without lawful authority and done with animo furandi 1922).
possibility that some information useful to the enemy (intention to steal) arJd in the spirit and ·intention of Piracy
might be revealed unwittingly (Id.). yniversal hostility. Pirates are, in law, hostes humani MUTINY Any attack upon or seizure of any vessel, or the
generis (People v. Loi-lo, G.R. No. 17958, February It is the unlawful resistance to a superior, or the , taking away of the whole or part thereof or its cargo,
Prohibition by the Government is NOT ~ssential ··· 27, 1922). raising of commotions and disturbances on board a equipment, or the personal belongings of its
when the correspondence is carried on in•eipheJs or ship against the authority of its commander complement or passengers, irrespective of the value
useful to.the enemy (Id.). · .JW~ MODES OF COMMITTING PIRACY: (Bouvier's Law Dictionary, Vol. 2, p. 2283). thereof, by means of violence against or intimidation
1. · Attacking.or seizing a vessel on .the high seas or of persons or force upon things, committed by any
CIRCUMSTANCES QUAllt=Ytt'.IGTHE ·· in PtWppine waters; or · PIRACY UNDER RPC AND MUTINY,, person, including a passenger or member of the
OFFENSE 2. Seizing in the"vessel, while on the high seas or DISTINGUISHED :'1;':~l~ITlent::Pf said v'essel, in ·Philippine waters
in Rhilippine waters, the whole or part of its .(P.D:'''No. 532;Sec. 2).
The following must concur:
1. The notice or information might:be useful to the carg~. its equipm~t or personal belongings of
its cpmplemeQt or .passengers (REYES, Book PUNISHABLE ACTS:
enemy; and
2. The offender intended to aid. the enemy (Id: At
.
Twq supra
i
ai
:.
35/ ..
' '
1. Piracy;
34). 2. Highway tobbery/brigandage (P. D. No. 532,
ELEMENTS (l)F PIRACY: (VCAS) Sec, 3); and
NOTE: If the offender inten~d Jo;i,d th~;en~ftlY by 1. IK.~essel is or1 the high seas or in Philippine ,.'or
Aidi~g';:; --- · highway robbers/ brigands or
giving such notice or information, the crime.amounts .. waters; , · · abettin_g cyor highway robbery/ brigandage
to treason; hence the penalty Is the saTpe as that for. . 2.'. ;The off6nders .. are not members of its (P. D. No. 532, Sec. 4).
treason (Id.). · ·· ..· t.omplement of passengers of the vessel Committed by Committed by_ members
(appfica.ble orfly to the 2 nd mode of piracy) strangers to the of the crew or ,.:nf!IBACY UNDER RPC AND UNDER
ARTICLE 121 . •'(SQAOO:' stfpra at 408); and vessels passengers
P.O. NO. 532, DISTINGUISHED
FLIGHT TO ENEMY'S COU~frRY,. 3. lhe 'offenders:
. a...Attack or seize the vessel; or "Asto Intention PIRCY' PIR'AQ~
b. §eize the whole or part of the cargo of said tlJNll>ERRP~ l.JNE>ER:P.EJ. N©. 532
ELEMENTS: (WAAG) vessel, its equipment or personal Intent to gain is The offenders may only
1. There is a War in which the Philippines is belongings of its complement or passengers essential. intend to ignore the ship's As to Place of Commissicm
involved; (Id.). officers or they may be
2. The offender bwes Allegiance to the prompted by a desire to Philippine waters and the Philippine waters only
Government; commit plunder. high seas
High Seas
3. The offender Attempts to flee or go to the enemy Waters which are beyond the boundaries of the low- (REYES, Book Two, supra at-37). As to the Person of the Offenders
country; and water mark, although such waters may be in the
4. Going to the enemy country is prohibited by the jurisdictional limits of a foreign government; parts of 1. In case of an attack Any person, including
competent authority (Id. at 34). PIRACY AND MUTINY AS AN ACT OF
the sea that are not included in the exclusive upon or seizure of a passenger or
economic zone, in the territorial seas, or in the TERRORISM
vessel: Any person; member of the
NOTE: An alien resident may be guilty of flight to internal waters of a state, or in the archipelagic A person who commits an act punishable as piracy complement of said
enemy country, because an alien owes temporary waters of an archipelagic state (United Nations and mutiny under Art. 122 of the RPG, thereby ·2. In case of seizure of vessel
allegiance to the Philippine government (Id.). Convention on the Law of the Sea, Part VII, Sec. 1, _sowing and creating a condition of widespread and whole or part of the
Art. 86). extraordinary fear and panic among the populace, in cargo, equipment
Mere attempt to flee or go to enemy country order to coerce the government to give in to an or personal
consummates the crime (Id. at 35). Philippine Waters unlawful demand shall be guilty of Terrorism (R.A. belongings:
All bodies of water, such as but not limited to seas, No. 9372, Sec. 3). Excludes crew
gulfs, bays around, between and connecting each of
the islands of the Philippine Archipelago,

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PIRACY: PIRACY' ,
UNDERRIC UNDERP.O. NO. 532
members or
passengers
(BOADO, supra at 407).
AIDING OR ABETTING OF PIRACY
Any person who shall knowingly aid or abet piracy
will be considered as an accomplice in the
commission of piracy and punished according to the
rules under the RPC (Sec. 4, P. D. No. 532).
REQUISITES: (APA)
1. Knowingly Aids or protects pirates;
2. Acquires or receives ~roperty taken by such
pirates, or in any manner derives any benefit
therefrom; and
3. Directly or indirectly Abets the commi~sion of
piracy (Sec. 4, P. D. No. 532).
ARTICLE 123'
QUALIFIED PIRAC¥
0
QUALIFYING CIRCUMS TANCES: (BAC-,
MHPR)
1. Whenever the offenders trave seized the vessel
by ~oarding or firing upon the iame;
2. Whenever the pirates· have ~bandoned their
victims without means of saving themselves; or
3. Whenever the ~rime is accompapiedbyf4urder,
!fomicide, ~hysical injurie,s, or Rape (REYES,
Book Two, supra at 38). · ·
The word "crimes" mentioned" in the · bpening ·
sentence of Art. 123, refers to piracy, plld rn4iiny
the high seas (Id.). ,,,, , , '. ·'
Qualified piracy is a _special complex ·c~rr\~
punishable by death, regardless of the number of
victims (People v. Siyoh, G.R. No. L-57292,
February 18, 1986).
QUALIFIED MUTINY
When the second or the third circumstance
accompanies the crime of mutiny mentioned under
Art. 122, mutiny is then qualified. First circumstance
does not qualify the crime of mutiny, because in
mutiny, the offenders are "insiders" of the vessel
(BOADO, supra at 410).
REPUBLIC ACT NO. 6235
ANTI-HIJACKING LAW
(Refer to SPL part for a detailed discussion. See
page 491)
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CRIMINAL LAW II
Criminal Law
MEK✓Q~Y AID
San Beda ~ College pf Law - RGCT Bar Operatlons Center
Approved on: June 19, 1971 are flammable, corrosive, explosive or
poisonous substance, if not done in DISSOLUTION OF
accordance with the rules · and PEACEFUL MEETINGS AND
PUNISHABLE ACTS:
regulations of the Air Transportation
1. Usurping or seizing control of an aircraft CRIMES AGAINST
Office (Sec. 4, RA. No. 6235).
of Philippine registry while it is in flight; RELIGIOUS WORSHIP
or compelling the pilots thereof to NOTE: There is no attempted hijacking since it is (ARTS. 124-133)
change its course or destination; punishable under a special law and the attempted
Aircraft is "in flight" from the moment all stage is not punishable under the said law (U.S. v
exterior doors are closed following embarkation Basa, G.R. No. L-3540, March-19, 1907).
until the same doors are again opened for
disembarkation (Sec. 1, R.A. No. 6235). FOUR KINDS OF AIRCRAFT AND THEIR SECTION ONE:
TREATMENT IN LAW: ARBITRARY DETENTION AND
NOTE: If not in flight, the law is not violated but
1. Aircraft of Philippine registry EXPULSION
the crime may be under the RPc·, such as grave
It must be in flight.
threat or coercion (BOADO, SPL at 631). When
2. Aircraft of foreign registry
·death results, the-crime is homicide or murder,
It need not be in flight.
as the case may be (II CAMPANILLA, Reviewer, ARTICLE 124
supra at 18). 3. Public utility passenger aircraft
ARBITRARY DETENTION
- Mere carrying of prohibited substances is
criminal.
2. Us'urpingor seizing control of an aircraft
4. Public utility cargo aircraft ELEMENTS: (POD)
· · of foreign registry, while within
- Non-compliance with the A TO rules and 1. That the offender is a fublic officer or employee;
Philippi11~ territory, or compelling the
1 regulations constitutes the criminal act (BOADO, 2. That he Qetains a person; and
pilou; ecthereofto land in any part of supra at 415). ...•·:~:,;:.;(t,at t Qetention is without legal_ grounds
Philippin~.•~rritory (Sec. 1, R.A. No. •;x,iM,t,¥;4 · ·····••· . People, G.R. No. 154130, October 1,
6235). .....
Under R.A. No. 9372, terrorism may be cortimitted . 2003/. .i)
Under";thi~ Act, it is not required, that the by any person who, among others, commits an act
aircrfift be a;puJ:>lip~tility (BOADO, supra at 414). punishable under RA. No. 6235 (Southern · ~;. DETENTION ;<
Hemisphere Engagement Network, ··fnc. ...v....Anti- It is the ·actual 'vonfinement of a person in an
QUALIFYING· GHR¢UMSTANCES IN NOS. 1 ;g;~~sm Council, G.R. No. 178552, ,October 5, ·
AN02: ' . enclosur.~.or fn any manner detaining and depriving
1., When t,ie offer;ider has fired upon the pilot, him of,;_ · ·· ,(~le v. Flores, G.R. No. 116488,
May3f;
··. r_nembe'rof thecrew,· or passenger of the
· a ircrc1ft;
2. .•Whe·n the ", offender has exploded or .. _DEltElntionneed not involve any physical restraint.
?ttempted,J<>explode any bomb or explosive
TITLE1WO: g!t .. ogical restraint is sufficient. If the acts and
:4 12~·· ·stof the accused can produce such fear in
to o,estrqy the aircraft; or CRIMES AGAINST THE the mind of the victim sufficient to paralyze the latter,
on 3. VVheriever the crime is accompanied by
rfivrder, homicide, serious physical injuries FUNDAMENTAL LAWS to the extent that the victim is compelled to limit his
or rape (Sec: 2, R.A. No. 6235). Thus, such OF THE STATE own actions and movements in accordance with the
common crimes are considered aggravating wishes of the accused, then the victim is, for all
intents and purposes, detained against his will
circumstances only; they are not separated
from or complexed with the crime of (People v. Fabro, G.R. No. 208441, July 17, 2017).
hijacking. For offenses under Book II, Title 2, all offenses other
than those regarding religion require that the ·LEGAL GROUNDS FOR THE
3. Shipping, loading, or carrying in any principal offender' is a public officer. The civilians are DETENTION OF PERSONS:
passenger aircraft operating as a public merely accomplices or accessories (BOADO, supra 1. The commission of a crime;
utility within the Philippines, substances at 416). 2. Violent insanity; or
which are flammable, corrosive, 3. Any other ailment requiring compulsory
explosive or poisonous substances confinement of the patient in a hospital (RPG,
Art. 124, Par. 2).
(Sec. 3, R.A. No. 6235); and
Under this act, mere carrying or loading of
CHAPTER ONE:
explosive, corrosive, etc. brings about criminal ARBITRARY DETENTION OR THE OFFENDER IS A PUBLIC OFFICER
liability (BOADO, supra at 415). EXPULSION, VIOLATION OF OR EMPLOYEE
The public officers liable for arbitrary detention must
4. Shipping, loading, or carrying in any DWELLING, PROHIBITION, be vested with authority to detain or order the
cargo aircraft operating as a public utility INTERRUPTION, AND detention of persons accused of a crime; such public
within the Philippines, substances which officers are the policemen and other agents of the
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