BOOK 2

RPC
Title 1 National Security and Law of Nations (war crimes)
Title 2 Fundamental law of the state (constitutional)
Title 3 Public Order (political crimes)
Title 4 Public Interest (economic)
Title 5 Opium and other prohibited drugs (social crimes)
Title 6 Public Morals (victimless crimes)
Title 7 Public Officers (ethical crimes)
Title 8 Persons (destruction of life)
Title 9 Personal liberty/security - security crimes
Title 10 Property - acquisitive/destructive
Title 11 Chastity - private crimes
Title 12 Civil Status of Persons
Title 13 Honor - Dignity
Title 14 Quasi-offenses - quasi-crimes
 TITLE 1
CRIMES AGAINST
NATIONAL
SECURITY & THE
LAW OF NATIONS
Crimes against National Security.
1. Treason. (Art. 114)
2. Conspiracy and Proposal to commit treason. (Art. 115)
3. Misprision of treason . (Art. 116 )
4. Espionage . (Art. 117 )

Crimes against the law of nations.

1. Inciting to war or giving motive s for reprisals. (Art. 118 )
2. Violation of neutrality. (Art.
3. Correspondence with hostile country. (Art. 120 )
4. Flight to enemy's country. (Art. 121 )
5. Piracy in general and mutiny on the high seas or in
Philippine w aters . (Art. 122 )
Treason
• is a breach of allegiance to a government, committed
by a person who owes allegiance to it.

Nature of the crime.

• Treason, in its general sense, is the violation by a
subject of his allegiance to his sovereign or to the
supreme authority of the State.

• Treason is a war crime, it is punished by the state as a

measure of self-defense and self-preservation.
TREASON [LAT-AGAC]
Elements of treason:

1. That the offender is a Filipino citizen or an alien

residing in the Philippines; (Allegiance)
2. That there is a war in which the Philippines is
involved;
3. That the offender either —
a) levies war against the Government , or
b) adheres to the enemies, giving them aid or
comfort.
• Treason cannot be committed in time of peace.

Meaning of war.
Levying war requires the concurrence of two things:
LAT
1. that there be an *actual assembling of men,
2. for the purpose of executing a treasonable design
by force.
• In treason by levying war, it is not necessary that
there be a formal declaration of the existence of a
state of war.

• The war must be directed against the government.

• The levying of war must be in collaboration with a

foreign enemy.
Requirements of the second way or mode of
committing treason.
AGAC
1. adherence (plus)
2. giving aid or comfort to the enemy must concur
together.

"Adherence to the enemy" means intent to betray;

intent to overthrow. There is "adherence to the enemy"
when a citizen intellectually or emotionally favors the
enemy and harbors sympathies or convictions disloyal to
his country's policy or interest.
“Aid or comfort," defined.

The phrase “aid or comfort" means:

• an act which strengthens or tends to strengthen the
enemy in the conduct of war against the traitor's
country and

• an act which weakens or tends to weaken the power of

the traitor's country to resist or to attack the enemy.
Specific acts of aid or comfort constituting treason.

1. Serving as informer and active member of the

Japanese Military Police, arresting guerilla suspects
in an attempt to suppress the underground
movement.

2. Serving in the Japanese Army as agent or spy and

participating in the raid of guerrilla hideout.
Treason by Filipino citizen can be committed OUTSIDE of
the Philippines.

Treason by an alien must be committed IN the

Philippines.

2 Ways of proving treason.

1. Testimony of two witnesses, at least, to the same

overt act; or
2. Confession of the accused in open court.
Adherence may be proved:
1-NC
1. by one witness,
2. from the nature of the act itself, or
3. from the circumstances surrounding the act.
Defense of suspended allegiance and change of sovereignty,
NOT accepted.
Reasons: PAA
a) A citizen owes an permanent and absolute allegiance to
his Government;
b) The sovereignty of the Government is not transferred to the
enemy by mere occupation;
c) The subsistence of the sovereignty of the legitimate
Government in a territory occupied by the military forces of
the enemy during the war is one of the rules of International
Law; and
d) What is suspended is the exercise of the rights of
sovereignty.
• Treason ABSORBS crimes committed in furtherance
thereof.
• Mere acceptance of public office and discharge of
official duties under the enemy do not constitute per se
the felony of treason.
• But when the position is policy-determining, the
acceptance of public office and the discharge of official
duties constitute treason.
• Treason committed in a foreign country may be
prosecuted in the Philippines. (Art.2, RPC)
Art. 115. Conspiracy and proposal to commit.

Conspiracy to commit treason

• committed when in time of war, two or more persons come to
an agreement to levy war against the Government or to adhere
to the enemies and to give them aid or comfort, and decide to
commit it.

Proposal to commit treason

• committed when in time of war a person who has decided to
levy war against the Government or to adhere to the enemies
and to give them aid or comfort, proposes its execution to some
other person or persons.
Art. 116. Misprision of Treason

Elements:
1. That the offender must be owing allegiance (PAA) to the
Government, and not a foreigner.

2. That he has knowledge of any conspiracy (to commit treason)

against the Government.

3. That he conceals or does not disclose and make known the

same as soon as possible to the governor or fiscal of the
province or the mayor or fiscal of the city in which he resides.
• Art. 116 does not apply when the crime of treason is
already committed by someone and the accused does
not report its commission to the proper authority.

• The offender in misprision of treason is punished NOT as

an *accessory to treason.

• The offender is, however, a *principal in the crime of

misprision of treason.

• Art. 116 is an exception to the rule that mere silence does not
make a person criminally liable.
Art. 117. Espionage

• Espionage is 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 of committing espionage under Art. 117.

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 national defense of the
Philippines.
Elements:
a) That the offender enters any of the places
mentioned therein;
b) That he has no authority therefor;
c) That his purpose is to obtain information, plans,
photographs or
d) other data of a confidential nature relative to the
(national) defense of the Philippines.
2. By disclosing to the representative of a foreign nation
the contents of the articles, data or information referred to
in paragraph No. 1 of Art. 117, which he had in his
possession by reason of the public office he holds.

Elements:
a) That the offender is a public officer;
b) That he has in his possession the articles, data or
information referred to in paragraph No. 1 of Art. by
reason of the public office he holds;
c) That he discloses their contents to a representative
of a foreign nation.
Espionage distinguished from treason.
ESPIONAGE TREASON
Both are crimes not conditioned by the citizenship of the
offender.
committed both in time of
committed only in time of war
peace and in time of war
limited in two ways of
committing the crime:
espionage may be committed LAT-AGAC
in many ways 1. levying war, and
2. adhering to the enemy
giving him aid or comfort
What are the crimes classified as provoking war and
disloyalty in case of war?

They are:

1. Inciting to war or giving motives for reprisals.

2. Violation of neutrality.
3. Correspondence with hostile country.
4. Flight to enemy's country.
Art. 118. INCITING TO WAR OR
GIVING MOTIVES FOR REPRISALS
(Inviting trouble crime)
Elements:
1. That the offender performs *unlawful or *unauthorized acts.
2. That such acts provoke or give occasion for a war involving
or liable to involve the Philippines or expose Filipino
citizens to reprisals on their persons or property.

The intention of the offender is immaterial.

Committed in time of peace.

Art. 119. VIOLATION OF NEUTRALITY

Elements:
1. That there is a war in which the Philippines is not involved;
2. That there is a *regulation issued by competent authority for
the purpose of enforcing neutrality;
3. That the offender violates such regulation.

Neutrality, defined.
A nation or power which takes no part in a contest of arms
going on between others is referred to as neutral.
Art. 120. CORRESPONDENCE WITH HOSTILE COUNTRIES
C-CPU
Elements:
1. That it is in time of war in which the Philippines is
involved;
2. That the offender makes correspondence with an enemy
country or territory occupied by enemy troops;
3. That 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 ENEMIES’ COUNTRY

Elements:
1. That there is a war in which the Philippines is involved;
2. That the offender must be owing *allegiance to the
Government;
3. That the offender attempts to flee or go to enemy country;
4. That going to enemy country is *prohibited by competent
authority.
Art. 122. PIRACY IN GENERAL AND MUTINY ON HIGH SEAS

Two ways or modes 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.
PIRACY

• It is robbery or forcible depredation on the high seas,

without lawful authority and done with animu furandi
and in the spirit and intention of universal hostility.

• Crime against mankind.

• Hostes Humani Generis

Art. 122. PIRACY IN GENERAL AND MUTINY ON HIGH SEAS

Elements of piracy:
1. That a vessel is on the high seas or in Philippine waters;
2. That the offenders are not members of its complement or
passengers of the vessel;
3. That the offenders
(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.
MUTINY
• It is the unlawful resistance to a superior officer, or the raising
of commotions and disturbances on board a ship against the
authority of its commander.
PIRACY MUTINY
the persons who attack a vessel
they are members of the crew or
or seize its cargo are strangers
passengers.
(or members) to said vessels;

intent to gain is essential in the intend to ignore the ship's officers

crime of piracy, or they may be prompted by a
desire to commit plunder.
Art. 123. QUALIFIED PIRACY/MUTINY

Qualified if any of the following circumstances is present:

a) Whenever the offenders have seized the vessel by

boarding or firing upon the same;

b) Whenever the pirates have abandoned their victims

c) Whenever the crime is accompanied by murder, homicide,

physical injuries, or rape.
Qualified piracy is a SPECIAL COMPLEX CRIME punishable
by reclusión perpetua to death, regardless of the number of
victims.

Piracy is a crime not against any particular state but against all
mankind.

It may be punished in the competent tribunal of any country

where the offender may be found or into which he may be
carried.
PRESIDENTIAL DECREE No. 532
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974

• Any attack upon or seizure of any vessel, or the taking away of

the whole or part thereof or its cargo, equipment, or the
personal belongings of its complement or passengers,
irrespective of the value thereof, by means of violence against
or intimidation of persons or force upon things, committed by
ANY PERSON, including a passenger or member of the
complement of said vessel, in Philippine waters, shall be
considered as piracy.

• The offenders shall be considered as pirates and punished as

hereinafter provided.
PIRACY under ART.122, RPC PIRACY under PD 532
Intent to gain Intent to gain
Philippine waters
Philippine waters ONLY
High seas
Outsiders
Strangers
Any Person
(NOT members;
NOT passengers)
RULES on PIRACY

1. When done in Philippine waters by strangers to a

vessel?

2. When done in high seas by strangers to a vessel?

3. When done in Philippine waters by passengers or

members to a vessel?

4. When done in high seas by passengers to a vessel?

Which of the following is NOT a war crime?

a. Treason
b. Espionage
c. Violation of neutrality
d. Inciting to war and giving motives for reprisals
 Title II
CRIME AGAINST
THE
FUNDAMENTAL
LAW OF THE
STATE
ALL offenses in this Title are required to
be committed by public officers except
offending the religious feelings.
Crimes against the fundamental laws of the State:
1. Arbitrary detention. (Art. 124)
2. Delay in the delivery of detained persons to the proper
judicial authorities. (Art. 125)
3. Delaying release. (Art. 126)
4. Expulsion. (Art. 127)
5. Violation of domicile. (Art. 128)
6. Search warrants maliciously obtained and abuse in the
service of those legally obtained. (Art. 129)
7. Searching domicile without witnesses. (Art. 130)
8. Prohibition, interruption, and dissolution of peaceful
meetings. (Art. 131)
9. Interruption of religious worship. (Art. 132)
10. Offending the religious feelings. (Art. 133)
Classes of arbitrary detention:

1. Arbitrary detention by detaining a person without

legal ground. (Art.124)

2. Delay in the delivery of detained persons to the

proper judicial authorities. (Art. 125)

3. Delaying release. (Art. 126)

Art. 124. ARBITRARY DETENTION

Elements:

1. That the offender if a public officer or employee.

2. That he detains a person.

3. That the detention is without legal *grounds.

Legal grounds for the detention of any person:
C.I.A
a) The commission of a crime;

b) Violent insanity or

c) any other ailment requiring the compulsory confinement

of the patient in a hospital. (Art. 124, par. 2)

• Arrest without warrant is the usual cause of arbitrary

detention.
Art. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS
TO PROPER JUDICIAL AUTHORITIES
12-18-36
Elements:
1. That the offender is a public officer or employee.
2. That he has detained a person for some legal ground.
3. That he fails to deliver such person to the proper judicial
authorities within:

a. 12 hrs - punishable by light penalties,

b. 18 hrs - punishable by correctional penalties
c. 36 hrs - punishable by afflictive or capital penalties,
or their equivalent.
Circumstances considered in determining liability of officer
detaining a person beyond legal period:

1. The means of communication as well as

2. The hour of arrest, and
3. Other circumstances such as the time of surrender and
the material possibility of the fiscal to make the
investigation and file in time the necessary information.
MEANING OF “proper judicial authorities”

• Refers to the courts of justice or judges of said courts

vested with judicial power to order the temporary
detention or confinement of a person charged with
having committed a public offense.
• If the offender is a private individual – the crime is
ILLEGAL DETENTION under Art. 267
• If the detention is legal from the beginning but no delivery of
the person detained is made to the proper authorities after
the lapse of the prescribed periods, the detention becomes
illegal.
• GR: Art. 125 is not applicable when the arrest is by virtue of
a warrant of arrest in which case he can be detained
indefinitely.
• XPN: Person arrested may request for a preliminary
investigation but must sign a waiver of Art. 125.
 ART 124 ART 125
the detention is illegal from the the detention is legal in
very beginning; the beginning
but the illegality of the
detention starts from the
expiration of any of the periods
of time specified in Art. 125,
without the detained
prisoner detained having been
delivered to the proper judicial
authority.
Art. 126. DELAYING RELEASE
Elements:
a) That the offender is a public officer or employee;
b) That there is a judicial or executive order for the release of
a prisoner or detention prisoner, or that there is proceeding
upon a petition for the liberation of such person.
c) That the offender without good reason delays:

(1) the service of the notice of such order to the prisoner, or

(2) the performance of such judicial or executive order for
the release of the prisoner, or
(3) the proceedings upon a petition for the release of such
person.
Art. 127. EXPULSION

Two acts are punishable under Art. 127:

1. By expelling a person from the Philippines.
2. By compelling a person to change his residence.

Elements:
a) That the offender is a public officer or employee.
b) That he expels any person from the Philippines, or compels
a person to change his residence.
c) That the offender is not authorized to do so by law.
Art. 128. VIOLATION OF DOMICILE [ WAR ]
1. By entering any dwelling against the will of the owner
thereof; or
2. By searching papers or other effects found therein without
the previous consent of such owner; or
3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after having been
required to leave the same.
Elements common to three acts:
a) That the offender is a public officer or employee.
b) That he is *not authorized by judicial order to enter the
dwelling and/or to make a search therein for papers or
other effects.
Art. 129. SW MALICIOUSLY OBTAINED & ABUSE IN THE
SERVICE OF THOSE LEGALLY OBTAINED

Acts punishable in connection with SW.

1. By procuring a SW without just cause.
2. By exceeding his authority or by using unnecessary
severity in executing a SW legally procured.

Elements of procuring a SW without just cause:

a) That the offender is a public officer or employee.
b) That he procures a SW.
c) That there is no just cause.
Search warrant

A SW is an order in writing issued in the name

of the People of the Philippines, signed by a
judge and directed to a peace officer,
commanding him to search for personal
property described therein and bring it before
the court.

(Sec. 1, Rule 126, Revised Rules of Criminal

Procedure)
WITHOUT JUST CAUSE

• A SW is procured without just cause when

the applicant had every reason to believe
that the SW sought for was unjustified.

Test of lack of just cause

• Whether the affidavit filed in support of the
application for SW has been drawn in such a
manner that perjury could be charged
thereon and affiant be held liable for
damages caused.
Personal property to be seized.
A SW may be issued for the search and seizure
of the following personal property:
SSU
1. Subject of the offense;
2. Stolen or embezzled and other proceeds
or fruits of the offense; or
3. Used or intended to be used as the
means of committing an offense.
(Sec. 3, Rule 126, Revised Rules of
Criminal Procedure)
Requisites for issuing search warrant. PPPPT
• A search warrant shall not issue except upon:
1. probable cause in connection with *one
specific offense
2. to be determined personally by the judge
3. after (personal)examination under oath or
affirmation of the complainant and the
witnesses he may produce, and
4. particularly describing the place to be
searched and
5. the things to be seized which may be
anywhere in the Philippines.
• (Sec. 4, Rule 126, Revised Rules of Criminal Procedure)
FRUIT OF POISONOUS TREE

Evidence obtained in violation of Sections 2

and 3 (formerly Sections 3 and 4) of Article III
(formerly Article IV) of the 1987 Constitution is
not admissible for any purpose in any
proceeding.

• inadminissible
• any purpose
• any court
Art. 129. SW MALICIOUSLY OBTAINED & ABUSE IN THE
SERVICEOF THOSE LEGALLY OBTAINED

Elements of exceeding authority or using unnecessary severity in

executing a search warrant legally procured:

a) That the offender is a public officer or employee.

b) That he has legally procured a search warrant.

c) That he exceeds his authority or uses unnecessary severity

in executing the same.
Art. 130. SEARCHING DOMICILE WITHOUT WITNESSES

Elements:
1. That the offender is a public officer or employee.
2. That he is armed with search warrant legally procured.
3. That he searches the domicile, papers or other belongings
of any person
4. That the owner, or any member of his family, or two
witnesses residing in the same locality are not present.
Art. 131. PROHIBITION, INTERRUPTION & DISSOLUTION OF
*PEACEFUL MEETINGS

1. By prohibiting or interrupting without legal ground, the

holding of a *peaceful meeting, or by dissolving the same.

2. By hindering any person from joining any lawful association

or from attending any of its meetings.

3. 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.
Art. 132. INTERRUPTION OF RELIGIOUS WORSHIPS

Elements:
1. That the offender is a public officer or employee.

2. That religious ceremonies or manifestations of any

religion are about to take place or are going on.

3. That the offender prevents or disturbs the same.

Qualified by violence or threats.

If the prohibition or disturbance is

committed only in a meeting or rally of a
sect, it would be punishable under
Art.131.
Art. 133. OFFENDING THE RELIGIOUS FEELINGS

Elements:
1. That the acts complained of were performed:
a) in a devoted place to religious worship, or
b) during the celebration of any religious ceremony.

2. That the acts must be *notoriously offensive to the feelings

of the faithful.
x
Religious ceremonies – are those religious acts
performed outside of a church, such as procession and
special prayers for burying dead person.

“Acts notoriously offensive to the feelings of the

faithful” - the acts must be directed against religious
practice or dogma or ritual for the purpose of ridicule, as
mocking or scoffing at or attempting to damage an object
of religious veneration.

May be committed by a public officer or a private

individual.

Offense of feeling is judged from complainant’s point of

view.
“It is better a hundred guilty
persons should escape than
one innocent person should
suffer.“

Benjamin Franklin