CRIM 2 P PRELIM

Damages in Criminal Law

• Types of Recoverable Damages

  • Support in favor of a person compelled to give by the deceased (CIVIL CODE, Art. 2206, Par. 2).

  • Moral damages for mental anguish to spouse, descendants, and ascendants of the deceased (CIVIL CODE, Art. 2206, Par. 3).

  • Exemplary damages (CIVIL CODE, Art. 2230).

• Exemplary Damages

  • These can be imposed in cases of criminal offenses committed with aggravating circumstances.

  • Separate from fines, to be paid to the offended party (CIVIL CODE, Art. 2230).

Crimes Under the Revised Penal Code

• Crimes Against National Security (Articles 114 - 123)

1. Treason (Article 114)

• Elements of Treason

  1. Offender owes allegiance to the Philippine Government.

  2. There is a war involving the Philippines.

  3. Offender engages in:

     • a. Levying war against the government, or

     • b. Adhere to the enemies, providing aid or comfort.

• Liability for treason can extend to residents in occupied territories who provide aid to enemies.

• Types of Allegiance

  1. Permanent allegiance – obligation of fidelity to the government.

  2. Temporary allegiance – owed by foreigners under protection of the government.

• Modes of Committing Treason

  1. Levying war against the government (requires assembling and treasonable designs).

  2. Adhering to the enemies (requires actual adherence and provision of aid).

• Formal Declaration of War

  • Not necessary for levying war; actual hostilities determine war's commencement.

• Aid and Comfort Requirements

  • Must assist enemies in furtherance of their hostile designs, not just as individuals.

• Proof of Treason

  • Requires testimony from two witnesses or confession from the accused in open court (Two-witness rule).

• Defense in Treason

  • Fear of immediate death may excuse joining an enemy, other fears do not.

2. Conspiracy and Proposal to Commit Treason (Article 115)

• Elements of Conspiracy

  1. War involving the Philippines.

  2. Agreement to levy war or adhere to enemies.

  3. Decision to commit the crime.

• Elements of Proposal

  1. War involving the Philippines.

  2. Decision to levy war or adhere to enemies.

  3. Proposal to execute the plan.

3. Misprision of Treason (Article 116)

• Elements

  • Offender must be a citizen who knows of a conspiracy to commit treason and conceals it.

  • Not applicable if treason is already executed.

• Liability

  • Guilty party is considered a principal in misprision but punished as an accessory.

4. Espionage (Article 117)

• Modes of Committing Espionage

  1. Unauthorized entry into military establishments to obtain confidential information.

  2. Disclosing classified information to foreign representatives.

• Difference from Treason

  • Espionage can occur in both peace and war; treason is only during war.

5. Inciting to War or Giving Motives for Reprisals (Article 118)

• Elements

  • Performance of unlawful acts that provoke war or expose citizens to reprisals.

6. Violation of Neutrality (Article 119)

• Elements

  • Existence of war where the Philippines is not a party.

  • Regulation by competent authority for neutrality enforcement.

  • Violation of such regulations.

7. Correspondence with Hostile Country (Article 120)

• Elements

  • Conducting correspondence with enemy nations during wartime in prohibited ways.

  • Correspondence must contain useful information to the enemy.

8. Flight to Enemy's Country (Article 121)

• Elements

  • Flight during war.

  • Allegiance owed to the government.

  • Attempting to flee to enemy territory prohibited by authority.

9. Piracy and Mutiny in Philippine Waters (Article 122)

• Elements of Piracy

  1. Presence of a vessel on high seas or Philippine waters.

  2. Offenders not crew members or passengers.

  3. Offenders attack or seize the vessel or cargo.

• Modes of Committing Piracy

  • Attacking/seizing a vessel or its cargo on high seas.

• Jurisdiction Over Piracy

  • Punishable by any state as crime against humanity regardless of location.

10. Qualified Piracy and Mutiny (Article 123)

• Circumstances Qualifying Crime

  • Seizure by boarding or firing; abandonment of victims without help; accompanied by murder or violence.

Anti-Hijacking Law (R.A. 6235)

• Punishable Acts

  1. Seizing an aircraft during flight.

  2. Seizing foreign aircraft within Philippine territory.

• Qualifying Circumstances

  • Usage of firearms or explosives against aircraft personnel or passengers.

Crimes Against Fundamental Law of the State

• Arbitrary Detention (Article 124)

  • Detaining a person without legal grounds by public officers.

• Elements of Arbitrary Detention

  1. Offender is a public officer.

  2. Detains a person.

  3. Detention without legal grounds.

• Legal Grounds for Detention

  • Crime commission, violent insanity, or severe ailment.

• Liable Parties

  • Public officers authorized to detain and private conspirators.

Delay in Delivery to Judicial Authority (Article 125)

• Elements

  1. Offender is a public officer.

  2. Has detained a person legally.

  3. Fails to deliver within stipulated time.

Expulsion (Article 127)

• Elements of Expulsion

  1. Offender is a public officer.

  2. Expels a person or changes his residence.

  3. Not authorized by law.

Violation of Domicile (Article 128)

• Elements

  1. Offender is a public officer.

  2. Not authorized by court order.

  3. Searches or enters dwelling against owner’s will.

Violation of Parliamentary Immunity (Article 145)

• Acts Punishable

  1. Preventing attendance of Congress members by force or fraud.

  2. Arresting a member during session without proper cause.

• Legislative History

  • A senator or representative privileged from arrest during session for offenses punishable by less than six years.

Conspiracy and Proposal to Commit Rebellion or Insurrection (Article 136)

• Elements of Conspiracy

  • Agreement to rise publicly and take arms to commit rebellion acts.

Evasion of Service of Sentence (Article 157)

• Elements

  1. Conviction by final judgment.

  2. Serving sentence.

  3. Evading service of sentence through escape.

• Exceptions

  • Detention prisoners or minors are not liable for escape on judgment.