Revised Penal Code Book II - List of Crimes Partial Reviewer

Crime Penalty/Who Elements Notes Cases

Title I - Crimes Against National Security and the Law of Nations (114-122)
114. Treason Reclusion
perpetua to
death and a fine
not to exceed
100,000 pesos

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 the government or
b. Adheres to the enemy, giving them aid
or comfort
1. This law applies to a Filipino 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 | 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 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

115. Conspiracy
to commit
Treason
Conspiracy
prision mayor
and a fine not
exceeding
10000 pesos

Proposal
prision
correctional and
a fine not
exceeding 5000
pesos

Any person
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

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


116. Misprision Accessory to 1. The offender must be owing 1. The felon here is considered as principal even if he is punished with penalties of
of Treason treason (2
degrees lower)

Any person
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
accessory to treason
2. Article 20 does not apply because the persons liable for this crime are treated as
principals
117.
Espionage
Prision
correctional
any person

Prision mayor
public office or
employee
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
1. For the 1
st
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 vital military information

118.
Inciting war or
giving motives
for reprisals
Reclusion
Temporal
Public Officer

Prision Mayor
Any private
individual
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.

-Intention of the offender is immaterial

119.
Violation of
neutrality
Prision
correctional
Any person
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
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

120.
Correspondence
with hostile
authority
Prision
correctional
1

Prision mayor
2

Reclusion
temporal
3

Reclusion
temporal to
death
4


Any person
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. 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:
The crime of correspondence with hostile authority is committed when any person
makes 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 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 contain innocent matters if the correspondence has been
prohibited by the government, it is punishable
-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 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

121.
Flight to enemy
country
Arresto Mayor According to sir, dead provision
122.
Piracy and
mutiny on the
Reclusion
perpetua
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
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 the
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.

1
correspondence prohibited by government
2
correspondence be carried on in ciphers or conventional signs
3
notice or information useful to the enemy
4
intended to aid the enemy by giving notice or information
high seas or in
Philippine
waters
high seas the whole or part of its
cargo, its equipment or personal
belongings of its complement or
passengers.

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


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

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
Siyoh
5

123.
Qualified piracy
Reclusion
perpetua to
death
Elements of piracy

Qualifying 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
Addendum RA 6235 Acts inimical to civil aviation
Crime against fundamental law of the state (124-133) (vs public officers)
124.
Arbitrary
Detention
Arresto Mayor
6

Prision
Correccional
7

Prision Mayor
8

Prision
1. Offender is a public officer or
employee (person in authority or
agent in authority)
2. The public officer or employee detains
a person
3. The detention is without legal grounds
Own word: The crime of arbitrary detention is committed by public officers who, are
authorized to detain or order detainment of person but did so without legal grounds
10
.

Arrest without warrant is the usual cause of arbitrary detention

Arrest without warrant is lawful:


5
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
Correccional
9
1. When the person to be arrested has committed, is actually committing, or is
about to commit an offense in his presence
2. 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
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

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)

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)
125.
Delay in the
delivery of
detained
persons
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
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.

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
Espanol vs.
Mupas

Sayo vs. Chief
of Police of
Manila

10
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 issued 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 doesnt 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, (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.

Fiscal is not liable unless he orders detention
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 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
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

KEY WORDS: Performance, Service of
Notice, Proceedings upon a petition
127.
Expulsion
Prision
Correctional
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
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

128.
Violation of
domicile
Prision
Correctional in
its minimum
period

Prision
correctional in
its medium and
maximum
perios
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
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 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

129. In addition to Acts punishable:
1. By procuring a search warrant
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
without just cause
2. 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




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 things
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)
130.
Searching
domicile
without witness
Arresto mayor
in its medium
and maximum
period
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
The public officer is authorized to search in article 130
131.
Prohibition,
interruption
and dissolution
of peaceful
The penalty of
prision
correctional in
its minimum
period
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
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. Or hinder any person
from joining any lawful
association or attending
any of its meetings
c. 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