BOOK 2

MANIFESTING PASADOOOOO!!!

Espionage

under Article 114 – This is also covered by Commonwealth Act No. 616 which punishes conspiracy to commit espionage. This may be committed both in times of war and in times of peace.

Commonwealth Act No. 616

An Act to Punish Espionage and Other Offenses against National Security

Article 118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

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 unauthorized acts, provokes or gives occasion for a war involving or liable to involve the Philippine islands or exposes Filipino citizens to reprisals on their persons or property.

Article 119. VIOLATION OF NEUTRALITY

a penalty of prision correctional shall be inflicted upon anyone who on the occasion of a war in which the Government is not involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality

TRUE

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.

Article 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON

shall be punished respectively by prision mayor and a fine not exceeding 10, 000 pesos and by prision correctional and a fine not exceeding 5, 000 pesos.

Elements of conspiracy to commit treason

1. There is a war in which the Philippines is involved;

2. At least two persons come to an agreement to –

3. levy war against the government; or

4. adhere to the enemies, giving them aid or comfort;

5. They decide to commit it.

Article 116. MISPRISION OF TREASON  

Every person owing allegiance to the Government of the Philippine islands, without being a foreigner, and having knowledge of any conspiracy against them, who 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.

   Article 117. ESPIONAGE

The penalty of prision correctional 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 defense of the Philippine Archipelago; or

2. Being in possession, by reason of the public office he holds, of the articles, data or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.

Article 120. CORRESPONDENCE WITH HOSTILE COUNTRY 

Any person who in time of war shall have correspondence with an enemy country or territory occupied by enemy troops

Article 121. FLIGHT TO ENEMY'S COUNTRY 

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.

Article 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS

The penalty of reclusion perpetua shall be inflicted upon any person on the high seas or in Philippine waters, 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 or in Philippine waters.

Presidential Decree No. 532 (The Anti-Piracy and Anti-Highway Robbery Law of 1974) 

Originally, the crimes of piracy and mutiny can only be committed in the high seas, that is, outside Philippine territorial waters. But in August 1974

Mutiny

is the unlawful resistance to a superior officer, or the raising of commotions and disturbances aboard a ship against the authority of its commander.

Distinction between mutiny and piracy

Mutiny is committed by members of the complement or the passengers of the vessel & Piracy is committed by persons who are not members of the complement or the passengers of the vessel.

Mutiny

 there is no criminal intent.

Piracy

 the criminal intent is for gain.

Article 123. QUALIFIED PIRACY

the penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the preceding article

Republic Act No. 6235 (The Anti Hi-Jacking Law)

another kind of piracy which is committed in an aircraft. In other countries, this crime is known as aircraft piracy.

Art. 124. ARBITRARY DETENTION

 Any public officer or employee who, without legal grounds

Detention

defined as the actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty. 

ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES 

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

ART. 126. DELAYING RELEASE

The penalties provided for in Article 124 shall be imposed upon any public officer or employee who delays for the period of time specified therein the performance of any judicial or executive order for the release of a prisoner or detention prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition for the liberation of such person.

ART. 127. EXPULSION

The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence.

ART. 128. VIOLATION OF DOMICILE

The penalty of prision correctional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found therein without the previous consent of such owner, or, having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so.

ARTICLE 141. CONSPIRACY TO COMMIT SEDITION

In this crime, there must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition. There is no proposal to commit sedition.

Article 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE

Elements

1. Offender was already convicted by final judgment of one offense;

2. He committed a new felony before beginning to serve such sentence or while serving the same.

Article 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE

Elements of violation of conditional pardon

1. Offender was a convict;

2. He was granted pardon by the Chief Executive;

3. He violated any of the conditions of such pardon.

Article 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES

Elements

1. Offender is a convict by final judgment, who is confined in a penal institution;

2. There is disorder, resulting from – a. conflagration; b. earthquake; c. explosion; or d. similar catastrophe; or e. mutiny in which he has not participated;

3. He evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny;

4. He fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.

Article 156. DELIVERING PRISONERS FROM JAIL

Elements

1. There is a person confined in a jail or penal establishment;

Offender removes therefrom such person, or helps the escape of such person.