Documente Academic
Documente Profesional
Documente Cultură
Mangalindan
Criminal Law II
1. Treason.
2. Conspiracy
and
Proposal
to
commit
Treason.
3. Misprision
of
Treason.
4. Espionage.
Treason
RPC
114:
Any
person
who,
owing
allegiance
to
(the
United
States
or)
the
Government
of
the
Philippine
Islands,
not
being
a
foreigner,
levies
war
against
them
or
adheres
to
their
enemies,
giving
them
aid
or
comfort
within
the
Philippine
Islands
or
elsewhere,
shall
be
punished
by
reclusion
temporal
to
death
and
shall
pay
a
fine
not
to
exceed
P20,000
pesos.
No
person
shall
be
convicted
of
treason
unless
on
the
testimony
of
two
witnesses
at
least
to
the
same
overt
act
or
on
confession
of
the
accused
in
open
court.
Likewise,
an
alien,
residing
in
the
Philippine
Islands,
who
commits
acts
of
treason
as
defined
in
paragraph
1
of
this
Article
shall
be
punished
by
prision
mayor
to
death
and
shall
pay
a
fine
not
to
exceed
P20,000
pesos.
Elements:
(1) Filipino
Citizen
anywhere
OR
alien
residing
in
the
Phils.
Cari Mangalindan
Criminal Law II
(3)Circumstances
surrounding
Act.
Enemies:
meaning
foreign
power.
Cannot
be
applied
to
rebels
in
their
own
country
because
they
are
still
citizens,
not
enemies.
Aid/Comfort:
act
which
strengthens
the
enemy
in
the
conduct
of
war
against
the
traitors
country;
must
be
physical
activity.
o CMM:
during
wartime,
it
is
inevitable
that
the
people
will
form
relationships
with
the
belligerent
occupants.
o Drawing
the
line
between
treasonous
and
non-
treasonous
acts
is
not
always
easy.
o WON
Treasonous
is
determined
by
nature/degree/purpose
of
act.
o Important
distinction
to
make:
those
acts
which
render
assistance
to
them
as
enemies,
not
as
individuals.
(Ex.
giving
money
to
a
friend
for
his
personal
necessities
vs
giving
money
to
buy
arms).
o Act
need
not
really
strengthen
the
enemy.
Success
of
aid
is
immaterial.
Both
elements
must
concur.
o If
there
is
no
adherence
to
enemy,
aid/comfort
does
not
amount
to
treason.
o Adherence
alone
(aka
friendly
relations
with
Japanese)
is
not
Treason
absent
of
any
aid/comfort
given.
Treason:
o Giving
information/commandeering
foodstuff.
o Serving
as
informer/makapili
in
Japanese
Military
(Eventhough
he
never
had
the
Cari Mangalindan
Criminal Law II
No
complex
crime
of
treason
with
murder,
physical
injuries,
etc.
o When
killings
are
overt
acts
of
treason,
it
cannot
be
(1)
charged
separately
or
(2)
complexed
with
treason.
Treason
is
a
continuous
crime.
Second
Paragraph
Treason
cannot
be
proved
by
circumstantial
evidence/extrajudicial
confession
of
the
accused.
Ways
of
proving
treason:
(1) Testimony
of
2
witnesses
to
the
same
overt
act.
-Must
be
to
the
same
overt
act.
-Not
required
that
their
testimony
be
identical.
-Defendant
is
acquitted
if
only
1
witness
is
believed.
-Rationale
for
2-witness
rule:
extreme
seriousness
of
crime
and
penalty.
-Overt
act
VS
Adherence:
-Overt
act:
At
lest
2
witnesses.
-Adherence:
1
witness
is
enough.
Adherence
may
be
proved:
(1)
1
witness
(state
of
mind
can
never
be
susceptible
of
proof).
(2)
Nature
of
Act.
(3)
Circumstances
surrounding
Act.
(2) Confession
of
accused
in
open
court
-Judicial,
not
extrajudicial.
-Must
be
a
confession
of
guilt,
not
an
admission
of
facts.
Extrajudicial
confession
is
not
sufficient
to
convict
a
person
of
Treason.
Absorbed
Aggravating
Circumstances:
1. Evident
Premeditation
2. Superior
Strength
3. Treachery
In
determining
penalty,
rather
than
aggravating/mitigating
circumstances,
the
following
are
considered:
(1) Amount
of
degree/aid/comfort.
Cari Mangalindan
Criminal Law II
and
having
knowledge
of
any
conspiracy
against
them,
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,
as
the
case
may
be,
shall
be
punished
as
an
accessory
to
the
crime
of
treason.
Elements:
(1) Offender
must
owe
allegiance
to
the
govt
and
not
a
foreigner.
Cannot
be
committed
by
a
resident
alien.
(2) He
has
knowledge
of
any
conspiracy
to
commit
treason.
Does
not
apply
when
someone
already
commits
treason
and
accused
does
not
report
it
to
authorities.
(3) He
conceals/does
not
disclose
and
make
known
the
same
ASAP
to:
a. Governor/fiscal
of
province.*
b. Mayor/fiscal
of
city.*
*where
he
resides.
Liabilities
of
the
accused
in
Misprision:
(1) Accessory
of
Treason
(this
is
where
you
compute
the
penalty:
2
degrees
lower).
(2) Principal
in
Misprision
of
Treason.
RPC
20
(re
accessories
and
their
relatives)
does
not
apply
because
the
accused
is
the
principal
in
the
crime
of
Misprision.
Exception
to
the
rule
that
silence
does
not
make
a
person
criminally
liable.
Espionage
The
penalty
of
prision
correccional
shall
be
inflicted
upon
any
person
who:
1. Without
authority
therefor,
enters
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
Cari Mangalindan
Criminal Law II
Mode
of
Espionage
#2:
Disclosing
to
representatives
of
foreign
nation
the
contents
of
the
articles/data/info
referred
in
Par
1,
which
he
had
in
his
possession
by
reason
of
public
office
he
holds.
MODE
#2
Elements:
(1) Offender
is
public
officer/employee.
Cannot
be
committed
by
just
anyone.
(2) He
has
in
his
possession
the
articles/data/info
by
reason
of
his
office.
(3) He
discloses
the
contents
to
a
representative
of
a
foreign
nation.
CA
616:
Act
punishing
espionage
and
other
offenses
against
National
Security.
Treason
vs
Espionage
Treason
In
time
of
war.
Only
2
ways:
(1)
levy
war
(2)
adhere
to
enemy
Espionage
Anytime.
Many
ways
(CA
616).
Inciting
to
War
/
Giving
Motive
for
Reprisals
RPC
118:
The
penalty
of
reclusion
temporal
shall
be
imposed
upon
any
public
officer
or
employee,
and
that
of
prision
mayor
upon
any
private
individual,
who,
by
unlawful
or
Cari Mangalindan
Criminal Law II
Elements:
(1) Theres
a
war
involving
Phils.
(2) Offender
makes
correspondence
with
a.
Enemy
country
OR
b. Territory
occupied
by
enemy
troops.
(3) Correspondence
is
either:
a. Prohibited
by
the
govt.
Even
if
correspondence
is
innocent,
if
it
is
prohibited,
it
is
punishable.
b. Carried
on
in
ciphers/conventional
signs.
c. Contains
notice/info
which
might
be
useful
to
enemy.
Correspondence:
communication
by
means
of
letters.
Elements
to
Qualify
the
offense
(I
dont
really
get
this
part):
These
must
concur:
(1) Notice/info
might
be
useful
to
enemy.
(2) Offender
intends
to
aid
enemy*
*same
penalty
as
Treason.
Flight
to
Enemys
Country
RPC
121:
The
penalty
of
arresto
mayor
shall
be
inflicted
upon
any
person
who,
owing
allegiance
to
the
Government,
attempts
to
flee
or
go
to
an
enemy
country
when
prohibited
by
competent
authority.
Elements:
(1) There
is
war
involving
Phils.
Piracy
in
General
&
Mutiny
on
High
Seas
in
Phil
Waters
RPC
122:
The
penalty
of
reclusion
temporal
shall
be
inflicted
upon
any
person
who,
on
the
high
seas,
shall
attack
or
seize
a
vessel
or,
not
being
a
member
of
its
complement
nor
a
passenger,
shall
seize
the
whole
or
part
of
the
cargo
of
said
vessel,
its
equipment,
or
personal
belongings
of
its
complement
or
passengers.
The
same
penalty
shall
be
inflicted
in
case
of
mutiny
on
the
high
seas.
Elements:
(1) Vessel
is
on
high
seas
or
in
Phil
waters.
High
Seas:
seas
that
are
not
included
in
the
(a)
exclusive
economic
zone,
(b)
territorial
seas,
(c)
internal
waters
(d)
archipelagic
waters
of
an
archipelagic
state
(Convention
on
the
Law
of
the
Sea).
Vessel:
includes
all
typed
of
vessels/boats
used
in
fishing.
(2) Offenders
are
not
members
of
its
complement
or
passengers
of
vessel.
(3) Offender
either:
a. Attacks/seize
the
vessel
b. Seize
the
whole/part
of
cargo,
its
equipment,
personal
belongings
of
the
complement/passenger.
Cari Mangalindan
Criminal Law II
Piracy:
robbery/forcible
depredation
on
the
high
seas,
without
lawful
authority
and
done
with
animo
furandi
in
the
spirit
and
intention
of
universal
hostility.
Mutiny:
unlawful
resistance
to
a
superior
officer,
or
the
raising
of
commotions/disturbances
on
board
a
ship
against
the
authority
of
its
commander.
Piracy
vs
Mutiny
Piracy
Mutiny
Offenders
are
Offenders
are
strangers
to
the
crew/passengers.
vessel.
Intent
to
gain
is
Offenders
may
only
essential.
intent
to
ignore
the
ship
iffucers,
or
prompted
by
desire
to
commit
plunder.
RA
9372:
Considered
in
terrorism:
when
creates
a
condition
of
widespread
and
extra
ordinary
fear
and
panic
among
populace,
in
order
to
coerce
the
govt
to
give
in
to
an
unlawful
demand.
RA
6235:
Anti-Hijacking
Act.
Accomplice:
Person
who
aids/protects
pirates
or
abets
the
commission
of
piracy.
Qualified
Piracy
RPC
123:
The
penalty
of
reclusion
temporal
to
death
shall
be
imposed
upon
those
who
commit
any
of
the
crimes
referred
to
in
the
preceding
article,
under
any
of
the
following
circumstances:
1. Whenever
they
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
piracy
is
a
special
complex
crime.
Number
of
victims
is
immaterial.
Note
error
in
provision:
pirate
must
be
considered
in
#1,
not
#2.
Crimes
Against
Fundamental
Laws
of
the
State:
A.
Arbitrary
Detention/Expulsion
1. Arbitrary
Detention.
2. Delay
in
delivery
of
detained
persons
to
proper
judicial
authority.
3. Delaying
release.
4. Expulsion.
B.
Violation
of
Domicile
1. Violation
of
Domicile.
2. Search
warrants
maliciously
obtained
and
abuse
in
the
service
of
those
lawfully
obtained.
3. Searching
domicile
without
witness.
C.
Prohibition,
Interruption,
Dissolution
of
Peaceful
Meetings
1. Prohibition,
Interruption,
Dissolution
of
peaceful
meetings.
D.
Crimes
Against
Religious
Worship
1.
Interruption
of
Religious
Worship.
2. Offending
religious
feelings.
ARBITRARY DETENTION
Arbitary
Detention
RPC
124:
Any
public
officer
or
employee
who,
without
legal
grounds,
detains
a
person,
shall
suffer;
1. The
penalty
of
arresto
mayor
in
its
maximum
period
to
prision
correccional
in
its
minimum
period,
if
the
detention
has
not
exceeded
three
days;
2. The
penalty
of
prision
correccional
in
its
medium
and
maximum
periods,
if
the
detention
has
continued
more
than
three
but
not
more
than
fifteen
days;
3. The
penalty
of
prision
mayor,
if
the
detention
has
continued
for
more
than
Cari Mangalindan
Criminal Law II
Cari Mangalindan
Criminal Law II
Arbitrary
Detention
thru
Imprudence:
Offender
shouldve
first
verified
order
of
release.
Penalty
depends
on
period
of
detention.
Delay
in
Delivery
of
Detained
Persons
to
Proper
Judicial
Authorities
RPC
125:
The
penalties
provided
in
the
next
preceding
article
shall
be
imposed
upon
the
public
officer
or
employee
who
shall
detain
any
person
for
some
legal
ground
and
shall
fail
to
deliver
such
person
to
the
proper
judicial
authorities
within
the
period
of;
twelve
(12)
hours,
for
crimes
or
offenses
punishable
by
light
penalties,
or
their
equivalent;
eighteen
(18)
hours,
for
crimes
or
offenses
punishable
by
correctional
penalties,
or
their
equivalent
and
thirty-six
(36)
hours,
for
crimes,
or
offenses
punishable
by
afflictive
or
capital
penalties,
or
their
equivalent.
In
every
case,
the
person
detained
shall
be
informed
of
the
cause
of
his
detention
and
shall
be
allowed
upon
his
request,
to
communicate
and
confer
at
any
time
with
his
attorney
or
counsel.
Elements:
(1) Public
officer/employee.
If
private
individual,
Illegal
Detention.
(2) Detained
a
person
for
some
legal
ground.
If
detention
is
not
for
some
legal
ground,
RPC124
on
Arbitrary
Detention
applies.
This
article
applies
only
to
lawful
warrantless
arrests.
If
arrest
is
with
warrant,
person
can
be
detained
indefinitely.
(3) Fails
to
deliver
the
person
within:
-12
hours
(light
penalties)
-18
hours
(correctional
penalties)
-36
hours
(afflictive/capital
penalties)
Delivery:
making
an
accusation/charge/filing
info
against
the
person
arrested
with
court
or
judge,
whereby
latter
acquires
jurisdiction
to
issue
an
order
of
release/confinement.
Duty
of
officer
is
deemed
complied
with
upon
filing
of
the
complaint
with
proper
judicial
authorities.
Detained
person
should
be
released
when
a
judge
is
not
available.
Before
filing
complaint/info,
person
detained
may
ask
for
preliminary
investigation,
but
he
must
sign
a
waiver
of
the
provisions
of
RPC125.
Circumstances
determining
liability
of
Offender:
(1) Means
of
communication.
(2) Hour
of
arrest.
(3) Other
circumstances
such
as
time
of
surrender
and
the
material
possibility
of
the
fiscal
to
make
the
investigation
and
file
in
time
the
necessary
information,
must
be
taken
into
consideration.
Violation
of
this
article
does
not
affect
legality
of
confinement
under
process
issued
by
court.
Fiscal
will
not
be
liable
for
his
delay
in
filing
the
information
if
arresting
officer
continues
to
hold
the
detainee,
unless
he
ordered
the
detention.
Rights
of
person
detained:
(1) He
shall
be
informed
of
the
cause
of
his
detention.
(2) He
shall
be
allowed,
upon
his
request,
to
communicate
and
confer
at
anytime
with
his
atty/counsel.
RPC
124
vs
RPC
125:
o RPC
124:
Detention
is
illegal
from
the
very
beginning.
Cari Mangalindan
Criminal Law II
EXPULSION
Expulsion
RPC
127:
The
penalty
of
prision
correccional
shall
be
imposed
upon
any
public
officer
or
employee
who,
not
being
thereunto
authorized
by
law,
shall:
(a) expel
any
person
from
the
Philippine
Islands
or
(b) shall
compel
such
person
to
change
his
residence.
Punishable
Acts:
(1)
Expelling
a
person
from
the
Phils.
(2)
Compelling
him
to
change
his
residence.
Elements:
(1)
Public
officer/employee.
(2)
Expels
a
person/Compels
to
change
residence.
(3)
Not
authorized
by
law
to
do
so.
Authorized
by
law:
by
Court
order
(ejectment,
expropriation,
destierro)
VIOLATION OF DOMICILE
(1) Violation
of
Domicile
by:
a. entering
dwelling
against
the
will
of
the
owner
or
b.
making
search
without
previous
consent
of
the
owner.
c. having
surreptitiously
entered,
refused
to
leave
(2)
a.
Search
warrants
maliciously
obtained
b.
Abuse
in
the
service
of
those
legally
obtained.
(3) Searching
domicile
without
witnesses.
Violation
of
Domicile
RPC
128:
The
penalty
of
prision
correccional
in
its
minimum
period
shall
be
imposed
upon
any
public
officer
or
employee
who,
not
being
Cari Mangalindan
Criminal Law II
authorized
by
judicial
order,
shall
a. enter
any
dwelling
against
the
will
of
the
owner
thereof
b. search
papers
or
other
effects
found
therein
without
the
previous
consent
of
such
owner,
or
c. having
surreptitiously
entered
said
dwelling,
and
being
required
to
leave
the
premises,
shall
refuse
to
do
so.
If
the
offense
be
committed
in
the
(a)
night-time,
OR
if
any
(b)
papers
or
effects
not
constituting
evidence
of
a
crime
be
not
returned
immediately
after
the
search
made
by
the
offender,
the
penalty
shall
be
prision
correccional
in
its
medium
and
maximum
periods.
Punishable
Acts:
1. Entering
dwelling
against
will
of
the
owner.
2. Searching
papers/other
effects
found
therein
without
previous
consent
of
such
owner.
3. Refusing
to
leave
the
premises,
after
having
surreptitiously
entered
and
having
been
required
to
leave.
Elements:
(1) Public
officer/employee
For
private
individuals:
trespass
to
dwelling.
(2) Not
authorized
by
judicial
order
to
enter/make
search
Authorized
by
judicial
order:
Search
Warrant.
(3) He
either:
a. Enters
against
the
will
of
owner.
Against
the
will
of
the
owner:
opposition/prohibition,
not
mere
lack
of
consent.
There
must
be
opposition
by
the
owner.
Lack
of
consent
of
owner
will
not
make
offender
liable..
Cari Mangalindan
Criminal Law II
Punishable
Acts:
(1) Procuring
search
warrant
without
just
cause.
Elements:
(1) Public
officer/employee.
(2) Procures
Search
Warrant.
Search
Warrant:
order
issued
in
the
name
of
People
of
the
Phils,
signed
by
judge,
directed
to
peace
officer
commanding
him
to
search
for
personal
property
described
and
bring
it
to
court
(anywhere
in
Phils).
o Validity:
10
days.
o Personal
property
to
be
seized:
(a) Subject
of
the
offense.
(b) Stolen/Embezzled/Other
proceeds/fruits
of
the
offense.
(c) Used
or
intended
to
be
used
as
means
of
committing
an
offense.
o Requisites
to
issue
Search
Warrant:
probable
cause
in
connection
with
1
specific
offense
to
be
determined
by
judge
after
examination
of
complainant/witnesses,
describing
place
to
be
searched
and
things
to
be
seized
anywhere
in
the
Phils.
o Right
of
officer
to
break
door/window
to
effect
search.
o Presence
of
2
witnesses
(lawful
occupant/member
of
the
family).
o Receipt
must
be
issyed
for
property
seized.
o Probable
Cause:
Facts/Circs
which
would
lead
a
reasonable
prudent
mand
to
believe
that
an
offense
has
been
committed
and
that
the
object
sought
in
connection
with
the
offense
are
in
the
place
sought
to
be
searched.
(3) No
just
cause.
Without
just
cause:
Search
warrant
was
unjustified;
applicant
had
every
(2) Exceeding
his
authority
by
using
unnecessary
severity
in
executing
search
warrant
legally
obtained.
Elements:
(1)
Public
officer/employee
(2)
Legally
procured
search
warrant
(3)
Exceeds
his
authority/uses
unnecessary
severity
Exceeding
authority:
seize
other
property
remotely
connected
with
opium
(not
connected
with
crime).
Unnecessary
severity:
destroys
furniture
without
justification
Searching
without
Witness
RPC
130:
The
penalty
of
arresto
mayor
in
its
medium
and
maximum
periods
shall
be
imposed
upon
a
public
officer
or
employee
who,
in
cases
where
a
search
is
proper,
shall
search
the
domicile,
papers
or
other
belongings
of
any
person,
in
the
(a)
absence
of
the
latter,
(b)
any
member
of
his
family,
or
in
their
default,
without
the
presence
of
(c)
two
witnesses
residing
in
the
same
locality.
Elements:
(1) Public
officer/employee.
(2) With
search
warrant
legally
procured.
Violation
of
Domicile
vs
Search
without
Witness:
o RPC
128:
without
Search
Warrant.
o RPC
130:
with
Search
Warrant.
Cari Mangalindan
Criminal Law II
PROHIBITION,
INTERRUPTION,
DISSOLUTION
OF
PEACEFUL
MEETINGS
Prohibition,
Interruption,
Dissolution
of
Peaceful
Meetings
RPC
131:
The
penalty
of
prision
correccional
in
its
minimum
period
shall
be
imposed
upon
any
public
officer
or
employee
who,
without
legal
ground,
shall
prohibit
or
interrupt
the
holding
of
a
peaceful
meeting,
or
shall
dissolve
the
same.
The
same
penalty
shall
be
imposed
upon
a
public
officer
or
employee
who
shall
hinder
any
person
from
joining
any
lawful
association
or
from
attending
any
of
its
meetings.
The
same
penalty
shall
be
imposed
upon
any
public
officer
or
employee
who
shall
prohibit
or
hinder
any
person
from
addressing,
either
alone
or
together
with
others,
any
petition
to
the
authorities
for
the
correction
of
abuses
or
redress
of
grievances.
Elements:
(1) Public
officer/employee.
Private
individual:
Disturbance
of
Public
Order.
Public
Officer
must
be
a
stranger
to
meeting.
If
public
officer
is
participant:
Unjust
Vexation.
(2) Either:
a. Prohibiting/Interrupting/Dissolvin
g
without
legal
ground
holding
of
peaceful
meeting.
Interruption
of
Religious
Worship
RPC
132:
The
penalty
of
prision
correccional
in
its
minimum
period
shall
be
imposed
upon
any
public
officer
or
employee
who
shall
prevent
or
disturb
the
ceremonies
or
manifestations
of
any
religion.
If
the
crime
shall
have
been
committed
with
violence
or
threats,
the
penalty
shall
be
prision
correccional
in
its
medium
and
maximum
periods.
Elements:
Cari Mangalindan
Criminal Law II