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).

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.

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.

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.

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.

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

Elements
- Existence of war where the Philippines is not a party.
- Regulation by competent authority for neutrality enforcement.
- Violation of such regulations.

Elements
- Conducting correspondence with enemy nations during wartime in prohibited ways.
- Correspondence must contain useful information to the enemy.

Elements
- Flight during war.
- Allegiance owed to the government.
- Attempting to flee to enemy territory prohibited by authority.

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.

Circumstances Qualifying Crime
- Seizure by boarding or firing; abandonment of victims without help; accompanied by murder or violence.

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.

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.

Elements
1. Offender is a public officer.
2. Has detained a person legally.
3. Fails to deliver within stipulated time.

Elements of Expulsion
1. Offender is a public officer.
2. Expels a person or changes his residence.
3. Not authorized by law.

Elements
1. Offender is a public officer.
2. Not authorized by court order.
3. Searches or enters dwelling against owner’s will.

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.

Elements of Conspiracy
- Agreement to rise publicly and take arms to commit rebellion acts.

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.