Revised Penal Code Book II 114-131.pdf

Revised Penal Code Book II - List of Crimes Partial Reviewer Crime Penalty/Who Elements Notes Title I - Crimes Against National Security and the Law of Nations (114-122) 114. Treason

115. Conspiracy to commit Treason

116. Misprision

Any person

1. Offender owes allegiance to the government of the Philippines 2. That there is war which the Philippines is involved 3. The offender either: a. Levies war against t he government or b. Adheres to the enemy, giving them aid or comfort

1. This law applies to a Fil ipino and a resident alien. The resident alien shall be punished by RT and fine not less than P100,000 2. Levying war is committed by actual assembling of men for the purpose of executing a treasonable design by force| It must be with the intent to overthrow the government government | It also must be in collaboration with foreign enemy 3. To be charged with treason for adhering to the enemy, giving them aid and comfort there must be adherence (intent to betray); and aid and comfort (act which strengthens or tends to strengthen the enemy in the conduct of war or weakens or tends to weaken the power of the traitor's country to resist or attack the enemy, assistance as enemies not as individuals) 4. When the killings or other common crimes are charged as overt acts of treason, they cannot be regarded as separate crimes or as complex crime of treason but are absorbed in treason itself. 5. Treason cannot be proven by circumstantial evidence however strong it may be. There are only 2 ways: 1) Testimony of 2 witnesses, at least, to the same overt act 2) Confession of the accused in open court 6. Adhering to the enemy may be proven by one witness, nature of the act itself and circumstances surrounding surrounding the act 7. Aggravating circumstance in treason: Cruelty, Ignominy 8. In the eyes of the law, nothing will excuse that act of joining an enemy, but the fear of immediate deat; not the fear of any inferior personal injury; nor the apprehension of any outrage upon property (People vs. Bagalawis) 9. In treason, the purpose of the offender is to deliver the offender to an enemy country or foreign power. In rebellion, there is no foreign power and the purpose of the rebels is to substitute the government with their own form

Conspiracy – prision mayor and a fine not exceeding 10000 pesos

Conspiracy to commit treason: 1. That there is a war that the Philippines is involved 2. When 2 or more persons come to an agreement to commit treason and 3. They decided to commit it

1. When a person proposes to commit treason to another and the other person accepts it, the crime of conspiracy to commit treason ensues 2. Two witness rule is not required to prove guilt for conspiracy to commit treason

Proposal – prision correctional and a fine not exceeding 5000 pesos

Proposal to commit treason: 1. That there is war that the P hilippines is involved 2. When a person has decided to commit treason and 3. Proposes its execution to another person

Reclusion perpetua to death and a fine not to exceed 100,000 pesos

Any person Accessory to

1. The offender must be owing

1. The felon here is considered as principal even if he is punished with penalties of

Cases

of Treason

treason (2 degrees lower) Any person

117. Espionage

Prision correctional – any person Prision mayor – public office or employee

allegiance to the government, and not a foreigner (citizen) 2. That he has knowledge of any conspiracy to commit treason against the government 3. That he conceals or does not disclose or make known as soon as possible to the governor or fiscal of the province or mayor or fiscal of the city which he resides 2 acts punishable for espionage (Reyes): 1. By entering, without authority therefor, any warship, fort, naval or military (WFNM) establishments or reservation to obtain any information, plans, photographs, or other data of a confidential nature (IPPODCN) relative to the defense of the Philippines a. Offender enters any warship, fort, naval or military establishment or reservation b. He has no authority to enter c. His purpose by entering is to obtain information, plans, photographs or other data of confidential nature relative to the defense of the Philippines 2. By being in possession by reason of he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation a. The offender is a public officer b. The he has in his possession the articles, data or information referred to in par 1 of A 117 by reason of the public office he holds c. He discloses their contents to a representative of a foreign nation

accessory to treason 2. Article 20 does not apply because the persons liable for this crime are treated as principals

1. For the 1st of espionage punished in article 117, it is sufficient that the felon has the purpose of obtaining the data when he entered the warship, fort, naval or military establishment even if he did not necessarily obtained them. 2. Note: IF IN THE INFORMATION AN ACT SEEMS TO BE OF ESPIONAGE BUT NOT INCLUDED IN THE 2 GIVEN ACTS. Look in to Commonwealth Act No. 616 – An Act to Punish Espionage and Other Offenses Against National Security. This act punishes acts such as: a. Unlawfully obtaining or permitting to be obtained information affecting national defense b. Unlawful disclosing of information affecting national defense (In relation to paragraph 2 of article 117 where it must be disclosed to a representative of a foreign nation) c. Disloyal acts or words in times of peace d. Disloyal acts or words in times of war e. Conspiracy to violate preceding sections f. Harboring or concealing violators of law g. Photographing Photographing vital military information

118. Inciting war or giving motives for reprisals

119. Violation of neutrality

120. Correspondence with hostile authority

Reclusion Temporal – Public Officer Prision Mayor – Any private individual Prision correctional Any person

Prision correctional1 Prision mayor 2 Reclusion temporal3 Reclusion temporal to death4 Any person

121. Flight to enemy country 122. Piracy and mutiny on the 1

1. The offender performs unlawful or unauthorized acts 2. Such act provoke or give occasion for a war involving the Philippines or exposes its citizens to reprisals on their persons or property

Own words: It is committed when a citizen, through his unlawful or unauthorized act provokes or causes to involve the Philippines to a war or exposes the Filipino people to reprisals.

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. Offender violates such regulation 1. That it is in time of war in which the Philippines is involved 2. That the offender makes correspondence correspondence with an enemy country or territory occupied by enemy troops 3. The correspondence is either a. Prohibited by the government b. Made in ciphers or conventional signs c. Containing notice or information which might be useful to the enemy

Own words: Violation of neutrality is committed when any person who violates a regulation by competent authority to enforce neutrality pertaining to a war in which the Philippines is not involved

Two ways or modes of committing piracy 1. Attacking or seizing a vessel on the high seas and Philippine waters 2. Seizing in the vessel while on the

correspondence prohibited by government correspondence be carried on in ciphers or conventional signs 3 notice or information useful to th e enemy 4 intended to aid the enemy by giving notice or information 2

Own words: The crime of correspondence correspondence with hostile authority is committed when any person makes correspondence correspondence with an enemy country or a territory occupied by the enemy, during the time of war in which the Philippines is involved, and that such correspondence correspondence is prohibited by the government, or made in ciphers or conventional signs, or containing notice or information which may be useful to the enemy -Even if the correspondence correspondence contain innocent matters if the correspondence has been prohibited by the government, it is punishable -Correspondence -Correspondence with hostile authority through ciphers or conventional signs; or by giving notice or information which might be useful to the enemy need not be prohibited by the government Qualified correspondence correspondence with hostile territory, done by giving information which is useful to the enemy and one which was intended to aid the enemy is punished with the same penalty as treason According to sir, dead provision

Arresto Mayor

Reclusion perpetua

-Intention of the offender is immaterial

Own words: The crime of piracy is committed when a person, who is not a member of the complement or a passenger of the vessel, attacked or seized a vessel or seized t he whole or part of its cargo, its equipment or personal belongings of its complement or the passengers in the high seas and Philippine waters

People vs. Catantan (PD 532) People vs.

high seas the whole or part of its cargo, its equipment or personal belongings of its complement or passengers.

high seas or in Philippine waters

Elements of piracy: 1. The vessel is on the high seas; 2. That the offenders are not members of its complement or passengers of the vessel 3. That the offender (a) attack or sieze that vessel or (b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement

123. Qualified piracy

Reclusion perpetua to death

Elements of piracy

Article 122 of the RPC also provides for the punishment for acts of mutiny on the high seas. Mutiny on the high seas is committed when there is an act of unlawful resistance to a superior officer or there is raising of commotions and disturbance on board a ship against the authority of its commander

Siyoh5

Note: When the offender is a member of the complement or passenger of the vessel and there is violence against or intimidation of persons or force upon things in taking the property of the vessel; its robbery; if the offender is an outsider its robbery In piracy, the persons who attacked the vessel or seized its cargo are strangers to a vessel; while in mutiny, they are either the crew or passengers. In piracy, there is intent to gain. In mutiny, the intent is to usurp or undermine the authority of the commander. Piracy in PD532 – Members of the crew may also be liable

Addendum RA 6235 – Acts inimical to civil aviation

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

Crime against fundamental law of the state (124-133) (vs public officers) 1. Offender is a public officer or Own word: The crime of arbitrary detention is committed by public officers who, are Arresto Mayor 6 124. employee (person in authority or authorized to detain or order detainment of person but did so without legal grounds 10. Prision Arbitrary agent in authority) Correccional7 Detention 2. The public officer or employee detains Arrest without warrant is the usual cause of arbitrary detention Prision Mayor 8 Prision

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a person 3. The detention is without legal grounds

Arrest without warrant is lawful:

 Qualified piracy is a special complex crime punishable by reclusion perpetua to death, regardless of the number of victims. The number of persons killed on the occasion of piracy is not material. PD 532 considers qualified piracy i.e rape, murder, or homicide is committed as a result or on the occasion of piracy, as a special complex crime punishable by death, regardless of victims 6  If detention has not exceeded 3 days 7  If the detention has continued more than three but not more than fifteen days 8  More than 15 days but not more than 6 months

1.

Correccional9

2.

3.

When the person to be arrested has committed, is actually committing, committing, or is about to commit an offense in his presence When an offense has in fact have been committed, and the public officer has reasonable ground to believe that the person to be arrested has committed it When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another

The public officer liable for arbitrary detention must be vested with authority to detain or order detention of person accused of a crime, but when they detain a person they have no legal grounds for (if no authority, usurpation of authority?) When the offense was not committed in the presence of the peace officer he should act upon a well-grounded appearance of guilt patent to his senses No reasonable ground if officer only wants to know the commission of the crime A prisoner who escaped can be arrested without a warrant not only by authorities but also by any private person (Salonga vs. Holland citing rules of court) The crime of arbitrary detention can be committed through imprudence (People vs. Misa)

125. Delay in the delivery of detained persons

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1. That the offender is a public officer or employee 2. That the offender detained a person for some legal grounds 3. That he fails to deliver such person to proper authority within: a. 12 hours if he is detained for crimes or offenses punishable by light penalties or their equivalent b. 18 hours for crimes or offenses punishable by correctional penalties or their equivalent

The law does not fix any minimum period of detention (US vs. Braganza less than half an hour, US vs. Agravante detention was only for one hour) Own words: The crime of delay in the delivery of detained person is committed by public officer or employee who detains a person for some ground but fails to deliver such person to the proper court authority within 12 hours if the crime or offenses is punishable by light penalty, 18 hours if the crime or offenses is punishable by correctional penalty, and 36 hours if the crime or offenses is punishable by capital offense or afflictive penalties.

Espanol vs. Mupas Sayo vs. Chief of Police of Manila

If the offender who arrested is a private person, and he fails to comply with the requirement provided in art 125, he shall be liable for illegal detention (People vs. Sali et. Al.) If arrest was made without legal ground – its arbitrary detention

 When he has not committed a crime or at least there is no reasonable ground of suspicion that he has committed a crime or when he is not suffering from violent insanity or any other ailment requiring compulsory confinement 9  Exceeded six onths

c.

36 hours for crimes punishable by capital punishment or afflictive penalties or equivalent

Article 125 does not apply when the arrest is virtue of a warrant because there is already a complaint and information filed against him in court who i ssued the warrant of arrest and it is not necessary to deliver that arrested person to court The duty of officer arresting without warrant is to deliver the person arrested to the proper court or judge. Proper judicial authorities means courts of justice or judges of said courts vested with judicial power to order temporary detention or confinement of a person charged with having committed a public offense. In the province the duty of officer arresting is to deliver them to the municipal judge. In Cities, the duty of officer arresting is to deliver them to city fiscal Failure to deliver in article 125 doesn’t necessarily mean physical delivery but in

making an accusation or charge or filing of an information against the person arrested with the court or judge In determining the liability of officer detaining a person beyond legal period, the following circumstances will be considered: (1) means of communication, communication, (2) hours of arrest and (3) other circumstances such as the material possibility for the fiscal to make the investigation and file in time the necessary information, must be taken into consideration In Lino vs. Fuguso it was held that the failure of arresting officer to deliver the person arrested to the judicial authority within the time specified does not affect the legality of the confinement of the petioner who is detained because the warrant was issued by a competent court when information was filed. Violation against Art. 125 is not considered as one of the grounds on which one can predicate a motion to quash.

126. Delaying release

Most likely warden or  jailers

Three acts punishable under Art. 126 1. By delaying the performance of a  judicial or executive order order for the release of a prisoner 2. By unduly delaying the service of notice of such order to said prisoner 3. By unduly delaying the proceedings upon any petition for the liberation of such persons Elements: 1. That the offender is a public officer or employee 2. That there is a judicial or executive order for the release of a prisoner or

Fiscal is not liable unless he orders detention Own words: The crime of delaying release is committed by any public officer or employee who, where there is judicial or executive order for the release of a prisoner or that there is a proceeding upon a petition for the liberation of such person, delays the service of notice of the judicial order or the performance of such order for the release of the prisoner or the proceeding for the liberation of such person. (Article 126)

detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. That the offender without good reason delays the (1) service of the notice of such judicial order (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

127. Expulsion

128. Violation of domicile

Prision Correctional

Prision Correctional in its minimum period Prision correctional in its medium and maximum perios

129.

In addition to

KEY WORDS: Performance, Service of Notice, Proceedings upon a petition Acts: Expelling a person from the Philippines Compelling a person to change his address Elements: 1. That the officer is a public officer or employee 2. That he expels a person from the Philippines or compel another person to change his address 3. That the offender is not authorized to do so by law Acts punishable: 1. Entering any dwelling against the will of the owner 2. Searching papers or other effects found therein without the consent of such owner 3. Refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same Elements: 1. The offender is a public officer or employee 2. That he is not authorized by judicial order to enter the dwelling and or to make search therein the paper or effects Acts punishable: 1. By procuring a search warrant

The crime of expulsion is committed by any public officer or employee, who without authority by law, expels a person from the country or compels a person to change his address. Only the President has the power to deport Only the court by final judgment can order a person to change his address

Own words: The crime of violation of domicile is committed by any public officer or employee who enters a dwelling or search papers or effects therein provide he is not authorized to do so by a proper judicial order Qualifying circumstances circumstances – if committed in the night time and if any papers or effects not constituting evidence of a crime are not returned immediately after the search made by the offender

Requisites of a search warrant: A search warrant shall not issue but (1) upon probable cause (2) in connection with the specific offense (3) to be personally by the judge (4)

Search warrants maliciously obtained and abuse in the service of those legally obtained

the liability attaching to the offender for the commission of any other offense the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding 1,000 pesos

130. Searching domicile without witness

Arresto mayor in its medium and maximum period

131. Prohibition, interruption and dissolution of peaceful

The penalty of prision correctional in its minimum period

2.

without just cause By exceeding his authority or by using unnecessary severity in executing a search warrant legally procured

Elements of procuring a search warrant without cause 1. That the offender is a public officer or employee 2. That he procures a search warrant 3. That there is no just cause Elements of exceeding authority or using unnecessary severity in executing a search warrant legally procured 1. That the offender is a public officer or employee 2. That he has legally procured a search warrant 3. That he exceeds his authority or uses unnecessary severity in executing the same

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 and other belongings of any person 4. That the owner, or any member of his family, or two witnesses residing in the same locality is not present 1. That the offender is a public officer or employee 2. That, without legal ground, he: a. Hindered or prohibited the holding of a peaceful meeting or shall dissolve the same

after examination under oath or affirmation of the complainant and the witnesses he may produce (5) particularly describing the place to be search or the person or t hings to be seized. No search warrant shall issue for more than one offense Search of house, room, or premises to be made in presence of witness A search warrant is valid for 10 days from its date Must issue a receipt regarding the thing seized if there is no person, he must leave a receipt in the place in which he found the seized property Probable cause – Oath required must refer t the truth of the facts within the personal knowledge of the applicant for search warrant or his witnesses. “In addition to the liability attaching to the offender for the commission of any offense” – The public officers procuring a search warrant without just ause may also be

held liable for perjury if they made a willful and deliberate assertion of falsehood in the affidavits filed in support of the application for search warrant Search and seizure without search warrant of vessels and air crafts for violation of customs laws have been traditional exception to the constitutional requirement of a search warrant. – (Roldan etc. and the Philippine Navy vs. Hon. Arc etc. et al) Stonehill vs. Diokno (Fishing expedition)

The public officer is authorized to search in article 130

Criterias to determine if article 131 would be violated: 1. Dangerous tendency rule 2. Clear and present danger rule It is important that the meeting is peaceful and there is no legal ground for prohibiting, dissolving or interrupting the meeting

meetings

b.

c.

Or hinder any person from joining any lawful association or attending any of its meetings Prohibit a person, either alone or together with others, any petition to the authority for the correction of abuses and redress of grievances

Rules: Offender must be a stranger and not a participant in the peaceful meeting otherwise it is unjust vexation Interrupting a legislative meeting is not punished in this article Holding of peaceful meeting must comply with ordinances therefore if there is an ordinance requiring permits for meetings in public places then such permit is required