CRIMINAL LAW II TITLE ONE: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes against national

security. 1. Treason (114) 2. Conspiracy and proposal to commit treason (115) 3. Misprision of treason (116) 4. Espionage (117) Crimes against the law of nations. 1. Inciting to war or giving motives for reprisals (118) 2. Violation of neutrality (119) 3. Correspondence with hostile country (120) 4. Flight to enemys country (121) 5. Piracy in general and mutiny on the high seas or in Philippine waters (122) 114. TREASON Elements: 1. Offender Filipino citizen or alien residing in the Philippines 2. There is a war Philippine is involved (not civil war) 3. Offender (a) levies war against the government (declare war) or (b) adheres to the enemies giving the maid or comfort. Treason breach of allegiance to the government committed by a person who owes allegiance to it. Allegiance the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive. ** Treason cannot be committed in time of peace while there is peace, there are no traitors. Treason is a war crime, it is punished by the state as a measure of self-defense and self-preservation. Levies war actual assembling of men for the purpose of executing a treasonable design by force. 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: organized to overthrow and destroy the established government. Mere public uprising to inflict an act of hate or revenge upon the persons of public officers does not constitute treason because it is not directed against the government. The levying of war must be in collaboration with a FOREIGN COUNTRY. ** Adherence and giving aid or comfort to the enemy must CONCUR TOGETHER. ** The aid and comfort must be given to the enemy by some kind of action it must be a deed or physical activity, not merely a mental operation. It must be to render assistance to them as enemies and in furtherance of the enemies hostile designs. **Murder and physical injuries were inherent in the crime of treason characterized by the giving of aid and comfort to the enemy. These crimes cannot be complexed with treason.
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** Treason by Filipino citizen can be committed outside of the Philippines, but treason by an alien must be committed IN THE PHILIPPINES. ** Treason is a continuous offense may be committees by one single act, series of acts, several series thereof, and different times. Ways of proving treason: 1. Testimony of two witnesses to the same overt act, or 2. Confession of the accused in open court Two-witness rule: The testimony of two witnesses is required to prove the overt act of giving aid or comfort. It is not necessary to prove adherence. Each of the witnesses must testify to the whole overt act, or if separable, there must be two witnesses to each part of the overt act. ** The defense of duress, lawful obedience to a de facto government is a good defense in treason. 115. CONSPIRACY & PROPOSAL TO COMMIT TREASON ** Conspiracy to commit treason is 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 is 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. ** Reason: in treason, the very existence of the state is ENDANGERED ** The two-witness rule does not apply to conspiracy or proposal to commit treason. 116. MISPRISION OF TREASON (keeping it to himself, silence) Elements: 1. Offender owing allegiance to the government and NOT a foreigner 2. Offender has knowledge of any conspiracy to commit treason against the government 3. Offender conceals or does not disclose and make known the same as soon as possible to the (a) governor or fiscal of the province or (b) to the mayor or fiscal of the city WHICH HERESIDES. ** Cannot be committed by a resident alien ** Does not apply when treason is already committed by someone and the accused does not report its commission to the proper authority knowledge of CONSPIRACY ** His penalty is like the penalty for an accessory, still he is in the state of being the principal. 117. ESPIONAGE (spy) Two ways of committing: A. Entering Elements: 1. Offender enters a Warship, Fort, Naval or Military establishment or reservation 2. He has no authority to do so 3. Purpose to obtain Information, Plans, Photographs or other data of a confidential nature relative to the defense of the Philippines B. Disclosing 1. Offender public officer 2. He has in his possession the said articles, data or information by reason of the public office he holds 3. He discloses their contents to a representative of a foreign nation.
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118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISAL Elements: 1. Offender performs unlawful or unauthorized acts 2. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisal on their persons or property ** The intention of the offender is immaterial the law considers the effects produced by the act of the accused. Such acts might disturb the friendly relation that we have with a foreign country, and that are penalized even if they constitute a mere imprudence. ** Committed in time of peace 119. VIOLATION OF NEUTRALITY Elements: 1. There is war in which the Philippines is NOT INVOLVED 2. There us a regulation issued by competent authority for the purpose of enforcing neutrality 3. Offender violates such regulation ** A nation or power which takes no part in a contest of arms going on between others is referred to as neutral. 120. CORRESPONDENCE WITH HOSTILE COUNTRY Elements: In time of war in which the Philippines is involved 1. Offender makes correspondence with an enemy country or territory occupied by enemy troops 2. The correspondence is either a. Prohibited by the government b. Carried on ciphers or conventional signs, or c. Containing notice or information which might be useful to the enemy Correspondence communication by means of letters 121. FLIGHT TO ENEMYS COUNTRY Elements: 1. There is a war in which the Philippines is involved 2. Offender owes allegiance to the Philippine government 3. Offender attempts to flee or go to enemys country 4. Going to the enemys country is prohibited by competent authority (government) ** Mere attempt to enemys country consummates the crime. ** If fleeing or going to an enemy country is not prohibited by competent authority, the crime is not committed.

122. PIRACY IN GENERAL AND MUTINY ON THE HIGHT SEAS Elements: 1. A vessel is on the high seas or in Philippine waters 2. Offenders not members of its complement or passengers of vessels 3. 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. Piracy robbery or forcible depredation on the high seas without lawful authority and done with intent to steal. Piracy vs. robbery on the high seas: there is violence against or intimidation of persons or force upon things in taking the property in the vessel Robbery offender is a member of the complement or a passenger of the vessel; Piracy offender is NOT a passenger or a member of the complement of the vessel. Mutiny usually committed by the other members of the complement and may be committed by the passengers of the vessel. 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 Persons who attacks the vessel or seize its They are members of the crew or passengers cargo are STRANGERS to said vessel Intent to steal its essential Intent to ignore the ships officers or they may be prompted by desire to commit a plunder

123. QUALIFIED PIRACY There should be piracy or mutiny in the high seas. This will be qualified if any of the following circumstances is present: 1. Whenever the pirates have seized the 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. ** This is a special complex crime punishable by reclusion perpetua regardless of the number of victims. ** Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice.

TITLE TWO: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 1. Arbitrary detention (124) 2. Delay in the delivery of detained persons to the proper judicial authorities (125) 3. Delaying release (126) 4. Expulsion (127) 5. Violation of domicile (128) 6. Search warrants maliciously obtained and abuse in the service of those legally obtained (129) 7. Searching domicile without witness (130) 8. Prohibition, interruption, and dissolution of peaceful meetings (131) 9. Interruption of religious worship (132) 10. Offending of religious feelings (133) 124. ARBITRARY DETENTION Elements: 1. Offender public officer or employee 2. Offender detains a person 3. Detention without legal grounds ** Public officers liable must be vested with authority to detain or order the detention of persons accused of a crime; i.e. policemen, judges, mayor. ** There is detention when he is placed in a confinement or there is a restraint on his person even if hr could move freely, as long as he could not escape for fear of being apprehended again. Legal grounds for the detention of a person: 1. Commission of a crime 2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital. ** Arrest without warrant us the usual cause of arbitrary detention. Warrantless arrest: 1. When in the presence of a peace officer or a private person, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; 2. When an offense has in fact just been committed, and he has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested has committed it; 3. 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. ** It can be committed thru imprudence. 125. DELAY IN THE DELIVERY OFDETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES Elements: 1. Offender public officer or employee 2. Offender detained a person for some legal grounds 3. Offender fails to deliver person to proper judicial authorities within: 12 hours offenses of light penalty
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18 hours offenses of correctional penalty 36 hours offenses of afflictive or capital penalty ** Applies only to legal warrantless arrest if the arrest was made with warrant, the person arrested can be detained indefinitely until his case is decided by the court or he posts a bail for temporary release. ** Reason for provision it is intended to prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail. 126. DELAYING RELEASE Elements: 1. Offender public officer or employee 2. There is a (a) judicial/executive order for prisoners release (b) proceeding upon a petition for prisoners liberation 3. Offender, without good reason, delays (a) service of the notice of such order to the prisoner (b) performance of such J/E order for release (c) proceedings upon a petition of a petitioners liberation (writ of habeas corpus) ** Wardens and jailers are the public officers most likely to violate article 126. 127. EXPULSION Elements: 1. Offender public officer or employee 2. Offender expels any person from the Philippines or compels a person to change residence 3. Offender not authorized by law to do so. ** Only the court by a final judgment can order a person to change his residence. This can be by ejectment proceedings, expropriation proceedings, and the penalty of destierro. 128. VIOLATION OF DOMICILE Elements: 1. Offender public officer or employee 2. Offender not authorized by judicial order to enter the dwelling and/or to make a search therein for papers and other effects 3. Does any of the following acts: a. entered a dwelling against the will of the owner thereof; b. searched papers or other effects found therein without previous consent of such owner; c. refused to leave the premises after having surreptitiously (secretly) entered said dwelling and having been required to leave the same. ** Against the will of the owner -there should be OPPOSITION or PROHIBITION, expressed or impliedno crime committed if entrance is merely without consent of the owner.
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